Authorize the Sale of Tax-Foreclosed Property Located at 1312 Carson Street to the Garden of Eden Neighborhood Association in the Amount of $30,091.55, in Accordance with Section 34.05 of the Texas Tax Code for Use as a Community Garden (COUNCIL DISTRICT 4)

It is recommended that the City Council:

1.  Authorize the direct sale of tax-foreclosed property located at 1312 Carson Street to the Garden of Eden Neighborhood Association in the amount of $30,091.55, in accordance with Section 34.05 of the Texas Tax Code;

2.  Authorize the City Manager or his designee to execute and record the appropriate instruments conveying the property to complete the sale.

The City of Fort Worth (City) received the below referenced property through a Constable Sale after a tax-foreclosure suit.  The City is authorized to conduct a direct sale of tax-foreclosed property to a buyer for the lesser of the market value specified in the judgment or the tax judgment amount plus any accrued post judgment taxes.

On October 23, 2012, Mayor and Council Communication (M&C L-15444), the City Council authorized the execution of an option contract to sell the tax foreclosed property located at 1312 Carson Street to the Garden of Eden Neighborhood Association (Garden of Eden) for use as a community garden.  City staff recommended selling the property for $30,091.55 with the buyer also being responsible for the payment of $22,163.15 in post judgment taxes.  Concurrently, staff pursued consent to sell the property at the then-current Tarrant Appraisal District value of $44,006.00, which would extinguish the post judgment taxes.  Not all taxing entities consented to the original request at that time. Amendments to the original option agreement were subsequently executed allowing extensions for the Garden of Eden to pay the purchase price.

The Garden of Eden has paid a total of $30,091.55, which equates to the amount stipulated in the Constable's Deed.  They have recently requested that the City now pursue consent to amend the purchase price to reflect that the property is paid in full by applying the amount paid first to any post judgment taxes and the remainder toward the purchase price, court costs and fees.

To date, staff has received consent from the Tarrant County Hospital District (JPS), Tarrant Regional Water District, Tarrant County College District and Birdville Independent School District. Consent from Tarrant County is still pending.    



                                                                        

This property is located in COUNCIL DISTRICT 4.