HomeMy WebLinkAboutR2002-021RESOLUTION NO./~t~Tt~ - ~-~ /
A RESOLUTION AUTHORIZING THE SALE OF PROPERTY LOCATED WITHIN
A 1184A H. CISCO SURVEY, TRACT 104-25, 2.611 ACRES, BY THE CITY OF
DENTON, TEXAS AS TRUSTEE FOR THE TAXING ENTITIES PURSUANT TO
TEXAS PROPERTY TAX CODE SECTION 34.05 FOR LESS THAN THE MARKET
VALUE OR TOTAL AMOUNT OF JUDGMENT AGAINST THE PROPERTY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Cause No. 88-705~C, City Denton vs. Albert Fox et al, was filed in
the District Court of Denton County, Texas to collect delinquent taxes on the following
described property, to wit:
Al184A H. CISCO SURVEY, TRACT 104-25, ACRES 2.611, further described at
Volume 335, Page 103 of the Deed Records of Denton County, Texas.
WHEREAS, the District Court of Denton County, Texas granted Judgment on
August 17, 1988, in favor of the taxing jurisdiction of Denton County as follows:
County of Denton
City of Denton
Denton Independent School District
Title Research Fees
City of Denton Mowing Liens
1,586.55
4,745.06
6,337.97
100.00
1,141.37
Total Due
Market Value
According to Denton Central Appraisal District)
12,669.58
48,078.00
WHEREAS, the said parcel of land was offered for sale on February 5, 1991 by
the Sheriff of Denton County at public auction pursuant to judgment of the District Court
of Denton County, Texas, for foreclosure of the tax liens securing payment of delinquent
property taxes and accrued penalty and interest; and
WHEREAS, said parcel of land did not receive sufficient bid as set by law and
was struck off to the City of Denton, Trustee, in trust for itself, the County and Denton
Independent School District pursuant to Section 34.01 (c) Property Tax Code; and
WHEREAS, the deed to Albert Fox, referenced above, contains a defect in the
property description which makes resale of this property by the taxing jurisdictions
unlikely, to wit:
The property subject to the tax suit was originally conveyed to Defendants by a
deed recorded at Volume 335, Page 103 of the Deed Records of Denton County, Texas,
from M. C. Sheppard and wife to Albert Fox and Albert Champion, purportedly
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describing the 2.611 acre tract which was foreclosed by the above described delinquent
tax proceed'rags. The date of the original conveyance was April 16, 2947.
On August 10, 1949, Albert Fox and wife conveyed a tract of land approximately
0.172 acres out of the original 2.611 acre tract to Albert Champion and wife. This
conveyance is of record in Vol. 353, Page 487 of the Deed Records of Denton County,
Texas. This deed was filed for record on August 16, 1949 but was not recorded until
September 7, 1949. This tract was never improved and has no street address, however it
is currently listed by the Denton Appraisal District as in the ownership of Albert Fox.
On August 13, 1949, Albert Champion and wife conveyed a tract of land
approximately 0.172 acres out of the original tract to Albert Fox and wife. This tract was
identical in size and adjacent to the Champion tract. This conveyance is of record in Vol.
351, Page 581 of the Deed Records of Denton County, Texas. This deed was filed for
record on August 16, 1949 and recorded on August 24, 1949. This tract was the
homestead of Albert Fox at the time of foreclosure and the street address was 112 S.
Crawford.
Accordingly, the legal description contained in the judgment failed to adequately
describe the property in question, in that there was contained within the legal description
of the larger tract sold by the Sheriff, the two smaller tracts of land, described above,
which had been conveyed out of the original tract to bona fide purchasers for value prior
to the date of suite.
WHEREAS, Albert Fox is now deceased and the taxing jurisdictions have been
approached by the Estate of Albert Fox, Deceased, which desires to liquidate certain
property of the Estate that is encumbered by the Sheriff's deed.
WHEREAS, the taxing units involved desire to resell said parcel of land in an
expeditious manner pursuant to Section 34.05 Property Tax Code.
WHEREAS, the Estate of Albert Fox, Deceased, has tendered an offer of
6,000.00 to purchase said property. This offer is based on a fee appraisal showing the
value of the property to be $6,000.00.
WHEREAS, the City Council finds that it is the public interest to authorize the
sale of the property; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. The City Council of the City of Denton, does hereby authorize the
Mayor to execute a Deed Without Warranty to the Estate of Albert Fox, Deceased, for the
purchase price of $6,000.00.
SECTION 2. This resolution shall become effective immediately upon its
passage and approval.
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ULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APP~VE; AS/TO LEGAL FORM:
BY. ~
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