R-04-01-22-14D2 - 1/22/2004RESOLUTION NO. R -04-01-22-14D2
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 Lots 24 & 25, Block E, The
Hermitage, being more particularly described in Cabinet D, Slides
118 and 119, Plat Records of Williamson County, Texas, and
WHEREAS, the City Council wishes to authorize the Mayor to
execute a Tax Resale Deed conveying said property to Joe Baker, 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 a Tax Resale Deed conveying the
above-described property acquired by the Round Rock Independent
School District as a result of previous tax sales, a copy of said
Tax Resale Deed being attached hereto as Exhibit "A" and
incorporated herein.
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
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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.
RESOLVED this 22nd day of January, 2004.
WELL, Mayor
ATTEST: City of Round Rock, Texas
,0(141
CHRISTINE R. MARTINEZ, City Secret ly
2.
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 $5,555.00 cash in hand paid
by
JOE M. BAKER
959 BLUE SPRING COVE
ROUND ROCK TEXAS 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. 94-140-T277, in the district court of said county, said property
being located in Williamson County, Texas, and described as follows:
LOTS 24 AND 25, BLOCK E, THE HEPJVkTAGE, ACCORDING TO THE MAP OR PLAT
THEREOF, RECORDED IN CABINET D, SLIDES 118 AND 119, 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.
EXHIBIT
D
D
.9
"All
A II
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. Ed ar et al. 447 F2d 441 (5 Cir.
1971); stay den. sub nom Edgar v U S 404 U.S. 1206 (1971); certden.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. day of , 2003.
STATE OF TEXAS
Kenneth Holloway, President
Board of Trustees
Round Rock Independent School District
KI
COUNTY OF WILLIAMSON X
Before me, the undersigned authority, on this day personally appeared Kenneth Holloway, 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 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 DAY OF
2003.
Notary Public, State of Texas
Commission Expires:
IN TESTIMONY WHEREOF the City of Round Rock has caused these presents to be executed this
day of , 2003.
STATE OF TEXAS
BY:
Nyle Maxwell
Mayor
City of Round Rock, Texas
�1
COUNTY OF WILLIAMSON X
Before me, the undersigned authority, on this day personally appeared Nyle Maxwell, 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 DAY OF
2003.
Notary Public, State of Texas
Commission Expires:
IN TESTIMONY WHEREOF Williamson County has caused these presents to be executed this
day of , 2003.
BY:
John Doerfler
County Judge
Williamson County, Texas
STATE OF TEXAS
COUNTY OF WILLIAMSON 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 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
2003. DAY OF
Notary Public, State of Texas
Commission Expires:
After recording return to:
LINEBARGER GOGGAN BLAIR & SAMPSON, LLP
PO BOX 17428
AUSTIN TEXAS 78760
k- 40401
R.Oe4qA3
DATE: January 16, 2004
SUBJECT: City Council Meeting - January 22, 2004
ITEM: *14.D.2. Consider a resolution authorizing the Mayor to execute a Tax
Resale Deed for Lots 24 & 25, Block E, The Hermitage, to Joe
Baker.
Resource: David Kautz, Assistant City Manager/CFO
History: This property was acquired through tax foreclosure and was
offered for sale by sealed bid auction.
The 2003 Appraisal District Value is $3,000
The judgment amount on this property is $11,207
The high bid received through sealed bid auction is $5,555.
The County and School District have approved sale of the property.
Staff recommends approval.
Funding: N/A
Cost: N/A
Source of Funds: N/A
Outside Resources: Linebarger Goggan Blair & Sampson (City's Tax Attorneys)
Impact/Benefit: Returns this property to the tax rolls
Public Comment: N/A
Sponsor: N/A
EXECUTED
DOCUMENT
FOLLOWS
TAX RESALE DEED
STATE OF TEXAS X o
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 $5,555.00 cash in hand paid
by
JOE M. BAKER
959 BLUE SPRING COVE
ROUND ROCK TEXAS 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. 94-140-T277, in the district court of said county, said property
being located in Williamson County, Texas, and described as follows:
LOTS 24 AND 25, BLOCK E, THE HERIVhTAGE, ACCORDING TO THE MAP OR PLAT
THEREOF, RECORDED IN CABINET D, SLIDES 118 AND 119, 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.
01/- 0/-z - /4no-u
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.
_0 IN IN TES NY WHEREOF the Ci of Round Rock has caused these presents to be executed this
day of 20
STATE OF TEXAS
Mayore Maxwell
City of Round Rock,
I"
COUNTY OF WILLIAMSON X
Before me, the undersigned authority, on this day personally appeared Nyle Maxwell, 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.
0 . N UNDER MY HAND AND SEAL OF OFFICE THIS THE / DAY OF
200
•NI 11 i J{ I �ry / ■ / 4
+�z. CHRISTINE R. MARTINQ
=�• MY COMMISSION EXPIRES Notary Public, State of Texas
August 28, ZOOS
Commission Expires:
IN TESTIMONY WHEREOF Round Rock Independent School District has caused these presents to be
executed this day of , 2003.
STATE OF TEXAS
Kenneth Holloway, President
Board of Trustees
Round Rock Independent School District
M
COUNTY OF WILLIAMSON X
Before me, the undersigned authority, on this day personally appeared Kenneth Holloway, 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 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 DAY OF
2003.
Notary Public, State of Texas
Commission Expires:
IN TESTIMONY WHEREOF Williamson County has caused these presents to be executed this
day of , 2003.
STATE OF TEXAS
BY:
John Doerfler
County Judge
Williamson County, Texas
P
COUNTY OF WILLIAMSON 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 he executed the same for the purposes and consideration, therein
the capacity therein stated. expressed and in
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE
2003. DAY OF
Notary Public, State of Texas
Commission Expires:
After recording return to:
LINEBARGER GOGGAN BLAIR & SAMPSON, LLP
PO BOX 17428
AUSTIN TEXAS 78760
Q- 40401
R-0e4qA3
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