PRESENTER: Presenter
Matthew Eckmann, Assistant Director of Public Works
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SUBJECT: Title
Approval of a Resolution authorizing the resale of property held in trust by the County of Comal, Texas, as Trustee, described as Lot 23, Block 5, Evergreen Village Subdivision, Unit 1A, City of New Braunfels, Comal County, Texas to the City of New Braunfels and authorization for the City Manager to execute all necessary conveyance documents.
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DEPARTMENT: Public Works
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COUNCIL DISTRICTS IMPACTED: District 1
BACKGROUND INFORMATION:
This parcel of land is a private street, common area and utility easement which was dedicated and to be held to the Evergreen Village Property Owners Association which was never created. Numerous code compliance violations have been issued for properties within this development that were owned by this defunct POA.
Cause Number T-9764B, County of Comal vs. John Seidel Enterprises, LLC, was filed in the District Court of Comal, Texas, to collect delinquent taxes on the property described above and the District Court of Comal, Texas, granted Judgment on August 26, 2021, in favor of the County of Comal, Texas, collecting property taxes for itself, the Comal Independent School District, and the City of New Braunfels, Texas.
The parcel of land was offered for sale on December 7, 2021, by the Sheriff of Comal County at a public auction pursuant to said Judgment of the District Court of Comal County, Texas, for the foreclosure of the tax liens securing payment of delinquent property taxes and accrued penalty and interest owed on said parcel of land but did not receive a sufficient bid as set by law and it was struck off to the County of Comal, Texas, Trustee, in trust for itself, and the other taxing jurisdictions listed above, pursuant to Sections 34.01 (j) and (k) of the Property Tax Code.
The City has assumed the maintenance responsibility of this property for the benefit of the health and safety of the public and has tendered an offer of perpetual maintenance of the property in consideration for acquiring legal title.
ISSUE:
Ongoing maintenance of critical infrastructure in the City.
FISCAL IMPACT:
The City is already maintaining this property so there is no additional fiscal impact.
Recommendation
RECOMMENDATION:
Staff recommends approval of this resolution.