2000-112-RES RATIFYING AN AGREEMENT TO PROCURE RIGHT-OF-WAY

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RESOLUTION NO. 2000-112 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, RATIFYING AN AGREEMENT TO PROCURE RIGHT- OF-WAY FOR THE EXTENSION OF 27TH STREET N.E. STRAIGHT TO AN INTERSECTION WITH THE RAMP TO LOOP 286 N.E. AND APPROVING THE CONSIDERATION FOR SAID RIGHT-OF-WAY; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Paris, in conjunction with the Texas Department of Transportation, has undertaken a project of street improvements on 27th Street N .E. and needs to procure right-of-way, as described in Exhibit A attached hereto, for the extension of 27th Street N.E. straight to an intersection with the ramp to Loop 286 N.E.; and, WHEREAS, the property owner of needed right-of-way has offered said right-of-way to the City of Paris for consideration of certain in-kind work being performed by the City of Paris in exchange for said right-of-way; and, WHEREAS, the City Engineer reached agreement with Arnold Pennington, owner of said right-of-way, for the consideration of the City of Paris constructing a new concrete driveway not to exceed twenty-five ( 25) feet in width and a four (4) foot wide concrete sidewalk from the new drive across the front of the house to a gate in the garden to the front porch and to a second gate in the back yard, with the City providing all necessary survey, legal work, and other such items as may be necessary to prepare a deed conveying the property to the City of Paris, and additional consideration of the City of Paris working with the Texas Department of Transportation to provide a drive from the newly constructed 27th Street N.E. into Mr. Pennington's remaining property; and, WHEREAS, in order to meet deadlines and time constraints of the Texas Department of Transportation, it was necessary to expedite the acquisition of the necessary right-of-way, and the City Engineer, in consultation with the City Manager and the City Attorney, and in order to meet such deadlines and schedules imposed by the Texas Department of Transportation without holding up this important project, authorized the acquisition of the right-of-way and in return for the consideration requested by the owner; and, WHEREAS, as a result of approving said acquisition of right-of-way, construction of the project was able to proceed without interruption; and, WHEREAS, the City Engineer has determined that the consideration to be expended for the necessary right-of-way is reasonable and appropriate and consistent with the fair market value of the right-of-way so acquired; and, WHEREAS, as a result of the need to acquire the right-of-way immediately, the necessity to acquire same constituted an emergency, and City officials authorized the aforesaid acquisition for the consideration herein expressed, acknowledging the need to seek ratification of such action by the City Council as soon as possible; and, WHEREAS, it is deemed in the best interests of the citizens of Paris to extend 27th Street N.E. straight to an intersection with the ramp to Loop 286 N.E., and the agreement between Arnold Pennington and the City Engineer for exchange of the heretofore described consideration for the right-of-way for such street improvement should in all things be ratified and accepted; NOW, THEREFORE,