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HomeMy WebLinkAboutR2009-025sAour documents\resolutions\09\1180 cottonwood lane sale-ord.doc RESOLUTION NO.X09 DZ~ A RESOLUTION AUTHORIZING THE CITY OF DENTON, AS TRUSTEE, TO SELL CERTAIN REAL PROPERTY LOCATED AT 1180 COTTONWOOD LANE; CONSENTING TO THE SALE OF CERTAIN REAL PROPERTY TO THE HIGHEST BIDDER AS PROVIDED BY LAW; AUTHORIZING THE MAYOR OF THE CITY OF DENTON, TEXAS TO EXECUTE A DEED WITHOUT WARRANTY AND ANY OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CONVEY CERTAIN REAL PROPERTY SOLD BY THE CITY OF DENTON, AS TRUSTEE, PURSUANT TO SECTION 34.05 OF THE TEXAS PROPERTY TAX CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Cause No. 2006-0963-211, was filed by the County of Denton, the City of Denton, the Krum Independent School District and the Denton County Education District, in the 211 th Judicial District Court in and for Denton County, Texas, in order to collect delinquent taxes owing upon the following described real property, to wit: BEING Denton EST Lot 4, Denton County, Texas; and WHEREAS, the 211th Judicial District Court in and for Denton County, Texas, granted Judgment in favor of the taxing jurisdictions of Denton County on July 7, 2003 as follows: County of Denton 904.56 City of Denton 25061.54 Krum Independent School District 45244.22 Denton County Education District 346.73 Total Due 71557.05 WHEREAS, the above-described real property was offered for sale on April 7, 20095 by the Sheriff of Denton County, Texas, at a public auction pursuant to Judgment of the 211th Judicial District Court in and for Denton County, Texas, for foreclosure of the tax liens securing payment of the delinquent property taxes, as well as accrued penalty and interest owing thereon; and WHEREAS, at said sale, the Sheriff of Denton County, Texas did not receive a sufficient bid respecting the above-described real property, as set by law, and the above-described real property was therefore struck off to the City of Denton, Texas, Trustee, in trust and for itself, the Krum Independent School District, the Denton County Education District and Denton County, pursuant to Section 34.01(c) of the Texas Property Tax Code; and WHEREAS, all taxing units involved as judgment creditors in the foregoing Judgment desire to resell the above-described real property in an expeditious manner, pursuant to Section 34.05 of the Texas Property Tax Code; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SA0ur Documents\Resolutions\09\1180 Cottonwood Lane Sale-Ord.doc SECTION 1. The City Council of the City of Denton, Texas does hereby authorize the City of Denton as Trustee, for the benefit of itself, and the other taxing jurisdictions in Denton County including the City of Denton, Texas, to sell the above-described real property; and hereby consents to the sale of the above-described real property to the highest bidder, even if the highest bid tendered to the City of Denton as Trustee, is less than the market value of the above- described real property as set forth in the above-described Judgment of foreclosure or the total amount of the Judgment against the above-described real property. SECTION 2. The Mayor of the City of Denton, Texas is hereby authorized to execute a deed without warranty and any other documents necessary to convey the above-described real property sold by the City of Denton, as Trustee, pursuant to Section 34.05 of the Texas Property Tax Code. SECTION 3. This Resolution shall become effective immediately upon its passage and approval. S~ PASSED AND APPROVED this the l day do) &2dul/2009 MARK A.S, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY IN L BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Page 2 of 2