ORDER NO. 31291 BID BY CITY OF KERRVILLE FOR PROPERTY CURRENTLY HELD IN TRUST BY KERB COUNTY Came to be heard this the 11th day of May, 2009, with a motion made by Commissioner Williams, seconded by Commissioner Baldwin, the Court unanimously approved by a vote of 3- 0-0 to: Accept bid made by City of Kerrville for property currently held in trust by Kerr County, described as JA Tivy Addn, Blk 52, Lots 5, 6, 7 & 8 pts, located on Ross Street, Kerrville, Texas. ~.~ 3~agl COMIVHSSIONERS' COURT AGENDA REOUEST PLEASE FURNISH ONE ORIGINAL AND ONE (1) COPY OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: Diane Bolin MEETING DATE: May 11, 2009 OFFICE: Tax AssessorlCollector TIlVIE PREFERRED: any SUBJECT: Consider, discuss and take appropriate action on bid made by the City of Kerrville for property currently held in trust by Kerr County. Legal Description as follows - JA Tivy Addn BIk 52 Lot 5, 6, 7 & 8 pts, located on Ross St, Kerrville, TX. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Diane Bolin ESTIMATED LENGTH OF PRESENTATION: 5 min IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: 5:00 PM previous Tuesday THIS REQUEST RECEIVED BY: THIS RQUEST RECEIVED ON: @ .M. All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. C1'~ o~ K~R~~r~t,~,~ O1F`PTC~ OF 'I'~~ Cl"1'Y iVITAI\''~GER 8110 Junction klighway Kerrville, Teams 78028 830-257-8000 / wwwkcrzvilletx.g~v April 23, 20(19 lvlr. 3crry Shiever Pcrdue Bz~xxlon Fielder Collins & .matt; L. I.P Attorbeys at Law 3341 I*torthlan,d br., Suite SOS Austin, Texas 7$'~3X Re: Rosa ,Skrte! Frapetxy -- Ln~e S, 6, 7, artd part o,~' 8, Rldek 52, dry T rvy At~Bft~ion; ,838738 bear M'r. Shiver: pursuant to yaur discussions with the City Attorney and your letter datsd A,przi b, 2009, the City seoks to purchase the praperi3' referenced above. Xou have a£i'ered a purchase price of 53,7'30.92, which the City accepts. Pursuant to City policy, I am sutho»x~d to purchase tl~e prop~rty~ and ilava the budgetary fiindir~g'to do sa. '~lae city's acrEuisitiost of the pxaperty will tether ouz~ iu~tarests in obfia~ning property located within hood prr)ne areas, which we v,-iIl •then maintain as green space, X undarstanci that you will pxesem that transactxan to Kerr County Commissioners Court for its approval. 1sFth,ere is anything tit~at the City needs to do in •the irrteriru, please lot me or ttae City A.tcvmey l~now. Very. truly yo•-NS, . ,, d Pa ~ . , City lvian~a~r, 7'P/ijw Copy: Charlie Hastings, Director ofPubiic Warlcs A!tike Hayes, Cit~r ,A,ttorney Per u~B~andon~i~Ider"CoZlins~.I~lott LLp ~,~, ATTORN&XS AT LAW 3301 NORTHLAND DRIVE SUITE 505 AUSTIN, TEXAS 78731 TELEPHONE 512-30Z-0190 FAX 512-302-1802 www.pbfcm.com April 24, 2009 Honorable Pat Tinley County Judge, Kerr County County Courthouse 700 Main Street Kerrville, Texas 78028-5889 Re: R38738, Ross Street Lofs 5, 6, 7 and part of 8, Block 52, JA Tivy Addition Dear Judge Tinley; For several we~elfi approved sa ~ can prepare a deed for your signature and arrange for payment. Only the trustee County needs to approve since the bid equals 100% due when made. If anyone has any questions, please give me a call. ry tru yours, rry Shiever JS/etb Cc; Diane Bolin, Tax Assessor-Collector, Kerr County, 700 Main Street, Kerrville, Texas~78028 Todd Parton, City Manager, City of Kerrville, 800 Junction Highway, Kerrville, Texas 78028 Alicia Gutierrez, Tax Assessor Collector, Kerrville I.S.D., 329 Ear! Garrett Street, Kerrville, Texas 78028 AMARILLO ARLINGTON AUSTIN HOUSTON LUBSOCK McALLEN MIDLAND TYLER WICHITA FALLS ~~rdueB~andon~i~l''~er~oZ~in~S~IVIp~t ~,LP .,~. ATTORNEYS A'T' LAVI~ 3301 NpRTHLAND pRIVE SUITE 505 AUSTIN, YEXAS 78731 TELEPNQNE 512-302-0190 FAX 512-302-1802 www.pbfcm.com April 6, 2009 Mike Hayes City Attorney, City of Kerrville 800 Junction Highway Kerrville, Texas 78020 Re: R38738, Ross Street Lots 5,6, 7 & 7 P#s, 61ock 52, J A Tivy Addition Dear Mike: We have discussed the desire of the City to acquire the above reference flood plain property, now held by Kerr County, in trust for itself, the city of Kerrville, and the Kerrville Independent School District, for delinquent taxes. The property can now be sold to any approved bidder, including the City. The enclosed statements show a total sum now due as follows: Kerr County & City of Kerrville $ 1,466.79 Kerrville Independent School District 2,10$.39 Court casts 215.74 ~6 ~f k- $ 3,790.92 If the bid of at least this total amount is received by the trustee Kerr County, it only need be considered by the Corrrmissioners' Court. A bid of anything less would need to be approved by all the taxing units, The property has a current value of $8,000,00. Please have the Council or anyone so authorized approve any bid and refer It to me so I can forward it for consideration. If finally approved as required, a Deed Without Warranty will be executed by the County to the City. AMARIklO ARLINGTON' AuST~fJ Npusrpt~k ~uaeOC+E MCAILEN MIDLAND' TYLER WICHITA FACE3~ Account Summary Diane Bolin Assessor-Collector 700 Main Street, Ste. 124 County Courthouse Kerrville, TX 78028 Ph: (830)792-2243 Fax: (830)792-2253 Properly: 6500-0520-005010 Quick Ref ID: R38738 Owner. KERR COUNTY, INTRUST Situs Addn:ss: ROSS STREET Legal Description: JA TIVY ADDN BLK 52 LOT 5-6-7-8 PTS KERR COUNTY, IN TRUST KERR COUNTY COURTHOUSE KERRVILLE, TX 78028-8028 Exemptlnng~ FX Tax Bill (Effective Date: 04/30/2009) Balance Due if Paid By April 30, 2009: 1,466.79 Bill Levy Disc/Credi Levy Balance P 8~ 1 Atty Fees t Date Paid Amt Paid Balance 1995 City OF Kemille 33.60 33.60 57.46 13.66 0.00 0.00 104.72 Headwaters Groundwater 0.28 0.28 0.48 0.11 0.00 0.00 0.87 Kerr County 17.53 17.53 29.99 7.12 0.00 0.00 54.64 Lateral Roads 3.55 3.55 6.07 1.45 0.00 0.00 11.07 Upper G_ uadalupe River 1.24 1.24 2.12 0.50 0.00 0.00 3.86 Totals 56.20 56.20 96.12 22.84 0.00 0.00 175.16 1994 City Of Kerrville 33.81 33.81 61.88 14.36 0.00 0.00 110.05 Headwaters Groundwater 0.28 0.28 0.51 0.12 0.00 0.00 0.91 Kerr County 17.65 17.65 32.30 7.50 0.00 0.00 57.45 Lateral Roads 3.43 3.43 6.28 1.45 0.00 0.00 11.16 Upper Guadalupe River 1.27 1.27 2.32 0.54 0.00 0.00 4.13 Totals 58.44 56A4 103.29 23.97 0.00 0.00 183.70 1993 City Of Kerrville 33.81 33.81 65.93 14.96 0.00 0.00 114.70 Headwaters Groundwater 0.30 0.30 0.59 0.13 0.00 0.00 1.02 Kerr County 15.61 15.61 30.45 6.90 0.00 0.00 52.96 Lateral Roads 3.43 3.43 6.69 1.52 0.00 0.00 11.64 Upper Guadalupe River 1.33 1.33 2.59 0.59 0.00 0.00 4.51 Totals 54A8 54A8 106.25 24.10 0.00 0.00 184.83 1992 City Of Kemrille 33.29 33.29 68.91 15.33 0.00 0.00 117.53 Kerr County 14.89 14.89 30.82 6.85 0.00 0.00 52.56 Lateral Roads 3.43 3.43 7.10 1.58 0.00 0.00 12.11 Upper Guadalupe River 1.24 1.24 2.57 0.57 0.00 0.00 4.38 Totals 52.85 52.85 109.40 24.33 0.00 0.00 186.58 1991 City Of Kerrville 32.56 32.56 71.31 15.58 0.00 0.00 119.45 Ken- County 13.59 13.59 29.77 6.50 0.00 0.00 49.86 Lateral Roads 3.25 3.25 7.12 1.56 0.00 0.00 11.93 Upper Guadalupe River 1.22 1.22 2.68 0.58 0.00 0.00 4.48 Totals 50.62 50.62 110.88 24.2'1 0.00 0.00 185.72 1990 Printed on 4/30!2009 9:49 AM Page 1 of 2 Account Summary Diane Bolin Assessor-Collector Property: 6500-0520-005010 700 Main Street, Ste. 124 Quidc Ref ID: R38738 COUnty COUrthOUSe ~~ KERR COUNTY, tN TRUST Situs Address: ROSS STREET Kerrville, TX 78028 Legal Description: JA TIVY ADDN BLK 52 LOT 5-6-7-8 PTS Ph: (830)792-2243 Fax: (830)792-2253 Tax Bill (Effective Date: 04/30/2009) Balance Due if Paid By April 30, 2009: 1,466.79 Bill Levy Disc/Credi Levy Balance P ~ I Atty Fees t Date Paid Amt Paid Balance City Of Kenvitle 32.56 32.56 75.22 16.17 0.00 0.00 123.95 Kerr County 12.44 12.44 28.73 6.17 0.00 0.00 47.34 Lateral Roads 2.98 2.98 6.89 1.48 0.00 0.00 11.35 Upper Guadalupe River 1.12 1.12 2.58 0.56 0.00 0.00 4.26 Totals 49.10 49.10 113.42 24.38 0.00 0.00 186.90 1989 City OF Kerrville 31.10 31.10 75.58 16.00 0.00 0.00 122.68 Kerr County 11.14 11.14 27.07 5.73 0.00 0.00 43.94 Lateral Roads 2.98 2.98 7.24 1.53 0.00 0.00 11.75 Upper Guadalupe River 1.12 1.12 2.72 0.58 0.00 0.00 4.42 Totals 46.34 46.34 112.61 23,84 0.00 0.00 182.79 1988 City Of Kenville 30.93 30.93 77.95 16.34 0.00 0.00 125.22 Kerr County 9.73 9.73 24.51 5.14 0.00 0.00 39.38 Lateral Roads 2.96 2.96 7.46 1.56 0.00 0.00 11.98 Upper Guadalupe River 1.12 1.12 2.82 0.59 0.00 0.00 4.53 Totals 44.74 44.74 112.74 23.63 0.00 0.00 181.11 Totals 410.77 410.77 864.71 191.31 0.00 Balance Due if Paid By April 30, 2009: 0.00 1,466.79 1,466.79 Pay By Total Due May 31, 2009 1,470.93 June 30, 2009 1,475.20 July 31, 2009 1,479.41 Printed on 4/30/2009 9:49 AM Page 2 Of 2 DEED WITHOUT WARRANTY STATE OF TEXAS )( )( KNOW ALL MEN BY THESE PRESENTS: )( COUNTY OF KERR )( NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. That Kerr County, Trustee, a political subdivision of the State of Texas, acting through its County Judge, duly authorized by Section 34.05(e) and (h), Property Tax Code of Texas, and further authorized by Section 33.54(c}, Property Tax Code of Texas, which, after the expiration of the limitations of actions provided therein, grants full title to the hereinafter described property to the purchaser at a tax sale or his successor in interest, for and in consideration of the sum of Three Thousand Seven Hundred Ninety Dollars and 92/100 ($3,790.92) cash in hand paid by the City of Kerrville, 800 Junction Highway, Kerrville, Texas 78028, the receipt of which is acknowledged and confessed, have granted, sold and conveyed, and by these presents do grant, sell and convey unto the said Grantee all that certain tract or parcel of land acquired by Kerr County, Trustee, the City of Kerrville, and Kerrville Independent School District, and all other taxing units interested in the tax foreclosure judgment against the property herein conveyed, acquired by tax foreclosure sale heretofore held, said property being located in Brazoria County, Texas, and described as follows: Part of Lots 5, 6, 7, and 8, Block 52, Tivy Addition, City of Kerrville, being the same property more particularly described in Volume 172, Page 12, Deed Records, Kerr County, Texas, to which reference is made for a more complete description. I. D. # R38738 TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said City of Kerrville, it's heirs and assigns forever without warranty, so that neither Kerr County, Trustee, the City of Kerrville, the Kerrville Independent School District, nor any other taxing unit interested in said tax foreclosure judgment, nor any person claiming under it and them, shall at any time thereafter have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part thereof. Deed Without Warranty to the City of Kerrville Grantor hereby conveys to Grantee the property without warranties, express or implied. All warranties that might arise by common law and by Section 5.023 of the Texas Property Code, as amended, are hereby excluded. Grantee by their acceptance hereof agree that they shall have no claim against Grantor by reason of any defects in title, lack of title, or failure of title to, the property or any portion thereof, or by reason of any interest of or rights in the property which may be vested in any third party. When the context requires, singular nouns and pronouns include the plural. IN TESTIMONY WHEREOF Kerr County, Trustee has caused these presents to be executed this day of , 20 Kerr County, Trustee By~ n y dge THE STATE OF TEXAS )( )( COUNTY OF KERR )( Before me, the undersigned authority, on this day personally appeared ~f~T Tiivle~ ,County Judge of Kerr County, known to me to be the person whose na a irih -s subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. Given under my hand and seal of office this ~~ day of , 20~. Notary Public in and or the State of Texas My Commission Expires: D d 1~ 2 ~4fr*~trYr4AfrtrfYQRQtrABRdttt7rA7}04~46tYt46AYF1tAMtf1~ ,~ uuh,~ ~ ' YP j MICKEY BAILEY `,O, P, R ~ el,; r ~: Natary Public ~ =~°~;s~_= STATE OF TEXAS :,~° ~ My Commission '°~o~ti,.~ Expires 05/02/2012 va4aoPOVOis Vai*o a+tpp{~gagps~p+asi~o4i44ViF9