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HomeMy WebLinkAboutC2009-233 - 3/23/2009 - NADac# 20x9020330 ~ - Case 07-20168 Document 305 Filed in TXSB on 03/23/09 Page 1 of 2 „-,:,;~~ 303 ~ ~ ~_~ 1 IGtNAL ~~~ ~%~' OR IN THE UNITED STATES BANKRUPTCY COURT etvTeaEo FOR THE SOUTHERN DISTRICT OF TEXAS 03/23/2009 CORPUS CHRISTI DIVISION IN RE: STOEGER, JIMMY DUGAN § CASE NO. 07-20168-7 CAME ON to be heard the Motion and Notice to Sell Property of the Estate Free and Clear of all liens, claims and interests by Michael B. Schmidt, Trustee and the Court noting that no objections thereto have been filed and having heard the evidence and argument of counsel is of the opinion that such Motion should be granted, the Court is of the opinion that the relief requested is necessary and proper and is in the best interest of the estate and the creditors. Therefore, IT IS ORDERED that the Trustee may sell all of the Bankruptcy Estate's interest in the property (the "Property") described below: PARCEL 7. BEING AN 84 S.F. (0.0019 ACRE) PARCEL OF LAND, MORE OR LESS, OUT OF A PORTION OF LOT 1 BLOCK 1 OF THE PLAT OF HATCH ADDITION, A SUBDIVISION RECORDED IN VOLUME A, PAGE 4 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, AS CONVEYED UNTO JIMMY STOEGER, AND RECORDED UNDER DOCUMENT NO. 934114 OF THE DEED RECORDS OF NUECES COUNTY, TEXAS. SAID 84 S.F. PARCEL BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a drill hole located at the intersection of the existing southeasterly right-of--way line of Port Avenue (70 feet wide) and the existing west right-of--way line of West Broadway Street (60 feet wide), said point having State Plane Coordinates of N = 17,183,162.52 and E _ 1,336,820.94, 35.00 feet right of baseline station 30+34.32 and being the most northerly corner of said parcel herein described; THENCE South 67° 30' S5" East with the existing west right-of--way line of said West Broadway Street, a distance of 13.99 feet to a set 5/8 inch iron rod with a blue plastic cap stamped "MAVERICK ENGR. INC. CORPUS CHRISTI, TX. BOUNDARY MARKER," located at the beginning of a proposed right-of--way cutback for the most southerly comer of Sa~,drpalG~1 ` ':; >m.~=~ herein described, i-~J`' " ,,: r~~h roa THENCE South 74° 46' 10" West with said proposed cutback line a distance of34 ~3 ('e~t•Yo a "'J~ set drill hole located on the existing southeasterly right-of--way line of said Port •'t1~n~te~fo thg ~ ~ ~, -, Y ,~.:, ~ most westerly corner of said parcel herein described, a~ ~' -`~ THENCE North 29° 46' 10" East with the existing right-of--way line of said=_Pksrt ~4,uelue a - ~ -~ distance of 12.10 feet to the POINT OF BEGINNING and containing 84 S.F: (6Ob'19 Ac~e~~of~ ' "'""`~«°~"'~' 1 f, <;G 4 ` .,. 2009-233 ~~~ a '~~ ,,. 03/23/09 - Stoeger, Jimmy Dugan Case 07-20168 Document 305 Filed in TXSB on 03/23/09 Page 2 of 2 land, more or less. in accordance with the terms of the agreement between Trustee and the City of Corpus Christi, Texas ("Buyer"), a memorialization of which is attached in letter form to the Motion and Notice, free and clear of all liens, claims and interests upon such Property. Any liens, claims, taxes and interest shall remain attached to the sales proceeds to the extent same are valid. Buyer is responsible to pay all past and future property taxes apportioned to the Property. Trustee will deliver only a Special Warranty Deed selling the property "as is, where is". The stay provided under Rule 6004(h) is WAIVED. IT IS FURTHER ORDERED that the Trustee, upon review and verification, is authorized to pay all broker fees from the proceeds of the sale or have such fees withheld and paid at closing, to occur at the Trustee's office. Further, Trustee is authorized to execute all necessary documents to transfer ownership to Buver. March 23, 2009 Dated: E`~A' v1 ~~ ~, T 9~ ~/¢ A~~. G~~ La~y~~~. Honorable Richard Schmidt, United States Bankruptcy Judge STATE ~ TEXR5 CIXINTY DF NUECES 1 herehy certify that this instru~ent aas FILED in file Hasher sequence on the date and at the tine sta~ped herein by ee, and was duly RECORDED in the Official Ru61rc Recerds of Nueces County, Texas e ~~~ DIRtUl T. BRRERRN NUECE5 COUNTY, TEXRS Any pravisisn herein which restricts the Sale, R ental or use of the described RE{#. PROPERTY because of Race, Calor1 Religront Sex, Handicap, Faeilial Status, or Nat ienal Drrgin is invalid and unenforceable under FEDERRL LAW, 3/12/89. Doci4 20rd9020330 R Pages 2 @5/27/28@9 12:48PM Official Records of NUECES COUNTY DI{INp T. BNRRERR COUNTY CLEPo( Fees (19.188 ORIGINAL ~'>ii.tl~ ~P~ ~~`~ Y ATTEST , MILB lark MI A ~ By Depu Clerk °~ ".~. ~ " y ` k x -s "I' ~; it ~ rv+/yy ~u3r' ~" ~~~; r . L,a Z# ^ .:~ Y ~_~ 4 `~r~i ..rt^Jy J r .; ~ N jJ..Y `~ 5 ;'~N"~^~, , s~ ~.::.