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R-00-02-08-10B1 - 2/8/2000RESOLUTION NO. R- 00- 02- 08 -10B1 WHEREAS, the Round Rock Independent School District has acquired title in trust for itself and the City of Round Rock, through judicial foreclosure of the tax liens pursuant to terms of the Texas Tax Code, and WHEREAS, the Texas Tax Code authorizes the Round Rock Independent School District to resell such properties, and WHEREAS, the Round Rock Independent School District has received bids for the purchase of Lot 2, Block A, Greenhill, Section Five, as recorded in Cabinet F, Slide 70, Plat Records of Williamson County, Texas, and WHEREAS, the City Council wished to authorize the Mayor to execute a Tax Resale Deed conveying said property, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed on behalf of the City of Round Rock to execute the attached Tax Resale Deed conveying the above - described property acquired by the Round Rock Independent School District as a result of previous tax sales. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this K:\ WPDOCS \RBSOLUTI \000209BI.WFO /SC Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 8th day of February, 2000. ATTEST: E LAND, City Secretary 2. 411,,A.:4 ROBERT A. STLUKA, ', Mayor City of Round Rock, Texas STATE OF TEXAS TAX RESALE DEED COUNTY OF WILLIAMSON X X X KNOW ALL MEN BY THESE PRESENTS That ROUND ROCK INDEPENDENT SCHOOL DISTRICT, TRUSTEE CITY OF ROUND ROCK AND WILLIAMSON COUNTY acting through the presiding officer of its governing bodies, hereunto duly authorized by resolution and order of each respective governing body and duly recorded in their official Minutes, hereinafter called grantors, for and in consideration of the sum of $20,227.00 cash in hand paid by N. G. WHITLOW 507 WEST OAK DRIVE ROUND ROCK TEXAS 78664 hereinafter called grantee(s), the receipt of which is acknowledged and confessed, have quitclaimed and by these presents do quitclaim unto said grantee(s) all of the right, title and interest of the grantors, they being all of the taxing units interested in the tax foreclosure judgment against the property herein described, acquired by tax foreclosure sale heretofore held under Cause No. 97- 492 -T26, in the district court of said county, said property being located in Williamson County, Texas, and described as follows: Lot 2, Block A, Greenhill, Section Five, according to the map or plat thereof, recorded in Cabinet F, Slide 70, Plat Records of Williamson County, Texas 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 grantee(s), their heirs and assigns forever, so that neither the grantors, nor any other taxing unit interested in said tax foreclosure judgment, nor any person claiming under it and them, shall at any time hereafter have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part thereof. SUBJECT however to the following covenants, conditions and restrictions: (a) The above described realty, or any part thereof, shall not be used in the operation of or in conjunction with, any school or other institution of learning, study or instruction which discriminates against any person because of race, color or national origin, regardless of whether such discrimination be effected by design or otherwise. (b) The above described realty, or any part thereof, shall not be used in the operation of, or in conjunction with, any school or other institution of learning, study or instruction which creates, maintains, reinforces, renews or encourages, or which tends to create, maintain, reinforce, renew or encourage a dual school system. These restrictions and conditions shall be binding upon grantee and grantee's successors, assigns, heirs and personal representatives for a period of fifty (50) years from the date hereof. The foregoing restrictions and the other covenants hereafter set out are covenants running with the land, and each and every parcel thereof, and shall be fully binding upon any person, firm, partnership, corporation, trust, church, club, governmental body, or other organization entity whatever (whether private or governmental in nature), without limitation, hereafter acquiring any estate, title, interest or property in said land, whether by descent, devise, purchase or otherwise; and no act or omission upon the part of grantor herein, its successors and assigns, shall be a waiver of the operation or enforcement of such restrictions; but neither restriction shall be construed to be a condition subsequent or special limitation on the estate thereby conveyed. It is further covenanted that third party beneficiaries of the restrictions set forth above shall be as follows: (1) As to the restrictions set out in (a) above, any person prejudiced by its violation; (2) As to the restriction set out in (b) above, any public school district or any person prejudiced by its violation; and (3) As to either or both of the restriction set out in (a) and (b) above, the United States of America, as plaintiff, and the America G.I. Forum, the League of United Latin American Citizens (LULAC), and the National Association for the Advancement of Colored People (NAACP), as intervenors, in U.S. v. Texas, Civil Action No. 5281, Tyler Division, U.S. District County, Eastern District of Texas; reported in U.S. v. Texas, 321 F. Supp. 1043 (E.D. Tex. 1970); U.S. v. Texas, 330 F. Supp. 235 (E.D. Tex 1971); affd with modifications sub nom. U.S. v. State of Texas and J.W. Edgar et al., 447 F2d 441 (5 Cir. 1971); stay den. sub nom. Edgar v. U.S., 404 U.S. 1206 (1971); cert den.404 U.S. 1016 (1972). It is further covenanted that in case of violation of either or both of the above restrictions, any of the third party beneficiaries above alluded to is authorized and empowered to prosecute proceedings at law or in equity against any person, firm, partnership, corporation, trust, church, club, governmental body or other organization or entity whatever (whether private or governmental in nature), without limitation: (A) To enforce either or both of such restrictions relating to the use of the above - described realty; (B) To abate or prevent violations of either or both of such restrictions; and (C) To recover damages for a breach of either or both of such restrictions. It is further covenanted, that any third party beneficiary referred to above shall prosecute proceedings at law or in equity for the aforesaid purposes, such third party beneficiary may recover reasonable attorney's fees from the violator or violators of either or both of such restrictions, if the Court finds that the proceedings were necessary to bring about compliance therewith. Taxes for the present year are to be paid by grantee(s) herein. This deed is given expressly subject to recorded restrictive covenants running with the land, and valid easements of record as of the date of this sale, if such covenants or easements were recorded prior to January 1 of the year the tax lien(s) arose. IN TESTIMONY WHEREOF Round Rock Independent School District has caused these presents to be executed this a a day of , 2000. STATE OF TEXAS X COUNTY OF WILLIAMSON X BY: Gaye Aio1d, President Board of Trustees Round Rock Independent School District Before me, the undersigned authority, on this day personally appeared Gaye Arnold, President, Board of Trustees, Round Rock Independent School District, Williamson County, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she 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 THE DAY OF , 2000. Notary Public State of Te s Commission Expires: /a / -- o/ IN TESTIMONY WHEREOF Williamson County has caused these presents to be executed this day of , 2000. STATE OF TEXAS X COUNTY OF WILLIAMSON X GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE 2000. Before me, the undersigned authority, on this day personally appeared John C. Doerfler, County Judge, Williamson County, Texas, known to me to be the person whose name is 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. After recording return to: BY: . 7,�1 3..7,00 J C. Doerfler C.untyJudge Williamson County, Texas No {xfry Public, State of Texas Commission Expires: 4 4--2q — b Z DAY OF IN TESTIMONY WHEREOF City of Round Rock has caused these presents to be executed this day of I=eeuRR y , 2000. STATE OF TEXAS COUNTY OF WILLIAMSON X CHRISTINE R. MARTINEZ MY COMMISSION EXPIRES August 5, 2001 le �S�rt Stluk Mayor City of Round Rock, Texas X Before me, the undersigned authority, on this day personally appeared Robert Stluka, Mayor, City of Round Rock, Williamson County, Texas, known to me to be the person whose name is 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 THE U DAY OF rEg Rie. 2000. Notary Public, State of Texas Commission Expires: 8- 5'0/ GREENHILL SECTION 5 LOT 2, BLOCK °A" DATE: February 4, 2000 SUBJECT: City Council Meeting — February 8, 2000 ITEM: 10.B.1 Consider a resolution authorizing the Mayor to execute a Tax Resale deed to N. G. Whitlow for Lot 2, Block A, Greenhill, Section 5. The Round Rock Independent School District recently conducted a sealed bid auction of the property acquired as a result of previous tax sales and recommends acceptance of the $20,227 bid.