R-97-11-13-10C - 11/13/1997Mayor
Charles Culpepper
Mayor Pro -tem
Earl Palmer
Council Members
Robert Sttuka
Rod Morgan
Rick Stewart
Martha Chavez
Jimmy Joseph
City Manager
Robert L Bennett. Jr.
City Attorney
Stephan L Sheets
CITY OF ROUND ROCK
November 17, 1997
Mr. Brian E. Brown, Attorney
Calame Linebarger Graham & Pena, L.L.P.
P.O. Box 17428
Austin, TX 78760
RE: Approval of Resale Property Sold from Sealed Bid Auction by
Round Rock Independent School District, Trustee
Dear Mr. Brown:
221 East Main Street
Round Rock, Texas 78664
512 -218 -5400
The Round Rock City Council approved Resolution No. R- 97- 11 -13-
10C, regarding the proposed deed for 0.70 acres, J.M. Harrell Survey,
Abstract 284, Williamson County, Texas, at their regularly scheduled
meeting on November 13, 1997.
Enclosed is a copy of the resolution and the executed duplicate
originals of the proposed deed on the property. If you have any
questions, please do not hesitate to call.
Sincerely,
Joanne Land
Assistant City Manager/
City Secretary
Enclosure(s)
Fax: 512-218-7097
1- 800 - 735 -2989 TDD 1- 800 - 735 -2988 Voice
x: \WPDOCS \RESDLVPI \RS11113C. WPD /SC9
RESOLUTION NO. R- 97- 11- 13 -10C
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
duly published notice for bids in a newspaper of general
circulation in Williamson County to sell the properties; and
WHEREAS, the City Council wished to authorize the Mayor to
executed the resale deeds; 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 deeds
conveying certain real 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
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.
ATTEST:
RESOLVED this 13th day of November, 1997.
NE LAND, City Secretary
2.
_ J 'l Ar
CHARLES CULPE ER, Mayor
City of Round Rock, Texas
TAX RESALE DEED
STATE OF TEXAS X
X KNOW ALL MEN BY THESE PRESENTS
COUNTY OF WILLIAMSON X
That ROUND ROCK INDEPENDENT SCHOOL DISTRICT, TRUSTEE, CITY OF ROUND
ROCK, AND WILLIAMSON COUNTY, each acting through the presiding officer of its governing body,
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 $10,789.00 cash in hand paid
by
JAY ROBINSON
2706 MESSICK LOOP WEST
ROUND ROCK, TX 78681
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. 93- 202 -T277, in the district court of said county, said property
beine located in Williamson County, Texas, and described as follows:
Being 0.70 of -an -acre of land, situated in the J. M. Harrell Survey, Abstract No. 284, in Williamson
County, Texas. Said land being that certain tract of land bounded on the North by the Westside
Addition to Round Rock, Texas, and addition of record in Volume 4, Page 43 (now filed in Cabinet B,
Slide 23) of the Plat Records of Williamson County, Texas, on the East by that certain tract of land,
called 1.51 acres as conveyed to Nieves Ledesma and wife, Mary Ledesma by deed as recorded in Volume
461, Page 418 of the Deed Records of Williamson County, Texas, and on the Southwest by Sam Bass
Road. Surveyed on the the ground in the month of June, 1986, under the supervision of Don H. Bizzell,
Registered Public Surveyor, and being more particularly descrtibed as follows:
BEGINNING at an iron pin set on the South line of the above - referenced Westside Addition, for the
Northwest corner of the above - referenced Ledesma tract, for the Northeast corner hereof:
THENCE, along the West line of the said Ledesma tract, S 18° 46' W, 259.79 feet to the intersection of
the said West line of the Ledesma tract and the Northeast line of Sam Bass Road, for the most southerly
corner hereof;
THENCE, along the said Northeast line of the Sam Bass Road (Parallel and 10 feet Northeast of the face
of a concrete curb) as follows; along a curve to the right (Radius - 180.08 feet, Long Chord bears N 59°
38' 30" W, 92.25 feet) an Arc distance of 93.29 feet to an iron pin set, and N 44° 48' W, 138.50 feet to an
iron pin set at the intersection of the said Northeast line of Sam Bass Road with the said South line of the
Westside Addition for the most westerly corner hereof;
THENCE, along the said South line of the Westside Addition, N 67° 16' E, 174.56 feet to an iron pin
found and N 71° 23' E, 105.30 feet to the Place of BEGINNING and containing 0.70 of -an -acre of land.
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);
aff'd 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.
y� IN TES IMONY 1XHEREOF has caused these presents to be executed this / 3" day of
, 19 7 .
STATE OF TEXAS
COUNTY OF
CHRISTINE R. MARTINEZ
MY COMMISSION EXPIRES
August 5, 2601
BY / ?7 , 7171.—
Charlie Culpepper
Mayor
City of Round Rock, Texas
X
X
Before me, the undersigned authority, on this day personally appeared Charlie Culpepper, 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 executed the same for the purposes and consideration,
therein expressed and in the capacity therein stated.
GIVEN U DER MY HAND AND SEAL OF OFFICE THIS THE / 3 - DAY OF
,1997
Notary Public, State of Te as
Commission Expires: S 0/
IN TESTIMONY WHEREOF has caused these presents to be executed this day of
19 .
BY:
STATE OF TEXAS X
COUNTY OF WILLIAMSON X
Raymond Hartfield, President
Board of Trustees
Round Rock Independent School District
Before me, the undersigned authority, on this day personally appeared Raymond Hartfield, 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 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
,19 .
Notary Public, State of Texas
Commission Expires:
IN TESTIMONY WHEREOF has caused these presents to be executed this day of
19
STATE OF TEXAS X
COUNTY OF X
Before me, the undersigned authority, on this day personally appeared John 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 executed the same for the purposes and consideration, therein expressed and in
the capacity therein stated.
BY:
John Doerfler
County Judge
Williamson County, Texas
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE DAY OF
19 .
After recording return to:
Notary Public, State of Texas
Commission Expires:
DATE: November 6, 1997
SUBJECT: City Council Meeting, November 13, 1997
ITEM: 10. C. Consider a resolution authorizing the Mayor to execute a tax resale deed
for .7 acres, J.M. Harrell survey, Abstract #284, a property offered for sale
by the Round Rock Independent District for delinquent taxes owed to the
City of Round Rock.
STAFF RESOURCE PERSON: David Kautz
As stated in the attached letter from Brian Brown, delinquent tax attorney for the Round Rock
Independent School District, a sealed bid auction of the properties acquired as a result of
previous tax sales has been conducted.
The property referenced by this agenda item received bids which were less than the full amount
due. Pending Council approval, the school district recommends awarding to the highest bidder.
Details of this property are attached.
1996 CAD Judgment High
Value Amount Bid
$22,869.00 $22,869.00 $10,789.00
Brian E. Bro
Honorable Charlie Culpepper
Mayor
City of Round Rock
221 E. Main St.
Round Rock, Tx 78664
Dear Mayor Culpepper:
LAW OFFICES
CALAME LINEBARGER GRAHAM & PENA, L.L.P.
1949 SOUTH LH.35
P.O. BOX 17428
AUSTIN, TEXAS 787611
Telephone: (512) 447-6675
Facsimile: (512) 443-3494
October 22, 1997
RECE 1Vj OCT
RE: Approval of Resale of Properties Sold from Sealed Bid Auction by Round
Rock Independent School District, Trustee
The Round Rock Independent School District recently conducted a sealed bid auction of
the properties it had acquired as a result of previous tax sales.
The sale should be considered a relative success. Multiple bids were received on all of
the six listed properties. One bid for more than the total amount due was received on one of the
properties. All of the highest submitted bids were approved by the District through the Board of
Education.
Three (3) of the accepted bids involved property that had taxes due to City of Round
Rock. One property received a bid in excess of the Judgment amount due, while the other two
were for less than the full amount due. However, considering the properties and the amount of
the bids, the properties were awarded to the highest bidders.
Enclosed are duplicate originals of the proposed deeds on the latter two properties for
you to execute if the city is willing to agree to the sale. The restrictive covenant language in each
(original) deed is required to be viewed and approved by the Texas Education Agency before the
deeds can be recorded. Duplicate originals are needed so we can retain a backup in case the TEA
fails to return the submitted originals with its approval. Once you have had all the original deeds
executed for each property and had the signatures notarized, please return them to me for .
delivery to the purchaser.
The attached report identifies the status of all eleven properties originally listed.
Thank you for your cooperation and assistance in this matter. Please let me know if you
have any questions or comments concerning this matter.
Enclosures:
-List of high bids
-Tax Resale Deeds
cc: Forrest C. Child, Jr., Tax Assessor - Collector
Round Rock Consolidated Tax Office
P, O. Box 1750
Round Rock, Texas 78680
Sincerely,
1
Brian E. Brown
Attorney
Item
Description
1996 CAD
Value
Judgment
Amount
High Bid
Bi dder
1
.70 acres, Abs. #284, JM
Han Subd.
$22,869
$22,869.00
$ 10.709.00
Jay Robinson. 2706 Messick Loop W., Round
Rock, Tx 78681
T L Partners, 1301 Capital of Texas Hwy., Stc. B-
228, Austin, Tx 73758
John Sanders & Mid -Ohio Securitites Corp. FBO
Hendrik Wessels, 4415 Secluded Hollow, Austin,
Tx 73727
2
.92 ac., Lot One -A, Resub of
Lot 1, Corridor Park 1
$100,188
$38,467.23
551.36991 I
3
Lot 41, King's Village Sec. 2
Part 1
$4,800
$4,780.84
$2,650.00
4
Lots 29 & 30, Kings Village
Sec. 2 Part 1
$12,000
$12,000.00
55.560.01)
John Sanders & Mid -Ohio Securitites Corp. F130
Hendrik Wessels, 4415 Secluded Hollow, Austin.
Tx 78727
5
Pt. Lot 1, Blk. 16, Town of
Round Rock
$20,000
$7,251.00
50.0 51,1300.00
Eva Ramirez, 710 E. Main St., Round Rock, Tx
78664 * **
6
Lot 3, Blk. 4, Revised
Northridge Acres
$5,000
$2,113.68
81.505.00
Peter Sajovitch, 1 1 1 19'/ Callanish Park Dr., Austin,
Tx 78750
COO.
ROUND ROCK INDEPENDENT SCHOOL DISTRICT
SEALED BID AUCTION -- OCTOBER 3, 1997
LIST OF HIGH BIDDERS
CAD Value: 11 is possible that the values on some of these properties may be overstated because the property is abandoned and no one has
protested the value.
Judgment Amount: This is the amount due in taxes to the School District. County, and City and the amount due in Court Costs and tax
sale costs.
** *The high bidder on this tract rescinded his bid on Oct. 7, 1997; the bid listed is the next highest bid offered.
1404
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City of Round Rock
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.70 Ac. Abs 284, JM Harrell Survey (James Warner Est
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