2002-018-ORD ABANDONING FORTY FOOT STREET KNOWN AS W PRICE STREET

Home Browse Search

placed and located therein, and provided further, that no beneficiary or owner of the street right- of-way abandoned herein shall erect or place any building, driveway, or other permanent structure on the perpetual easements reserved herein, and such person or persons shall not otherwise use the aforesaid easement premises in a way that would interfere with the construction, maintenance, repair, inspection, or operation of the utilities or other facilities placed in the aforesaid easements. Section 5. That the right of entry and surface access easement hereby reserved by the City shall extend the length and breadth of the current street right-of-way so abandoned and shall be coterminous with the original boundaries of said street right -of-way, the same being forty (40) feet wide and beginning at the west boundary line of North Main Street (U.S. Hwy 271) west to the east boundary line of 1st Street N.W., and shall grant the City the right to unimpeded access for City utility vehicles and City emergency vehicles, including ambulances, fire trucks, and other similar vehicles on official business, and no vegetation, buildings, other structures, or other improvements shall be placed or maintained thereon which shall in any way impede the entry and access by the aforesaid vehicles without the written approval of the City Engineer and the City Manager. Section 6. That any document reflecting the City's relinquishment of use of the street right-of-way abandoned herein shall include, or shall be interpreted to include, the easements and the appurtenances thereto preserved by the City of Paris as reflected in this ordinance, and the abandonment of said street right-of-way is hereby conditioned upon the preservation of said easements and the rights and interests reserved unto the City of Paris hereto. Section 7. That the City Council hereby accepts as consideration for the aforesaid abandonment of the Price Street right-of-way the conveyance by the County to the City in the future of a new, and as of yet unidentified as to location or size, utility easement acceptable to the City for relocation of existing waterlines and other utilities. Section 8. That the City Council hereby accepts as further consideration for the aforesaid abandonment of the Price Street right-of-way the tender by Lamar County of the right-of-way for the Hearne Street extension as the same is described in Exhibit B attached hereto and for all purposes incorporated herein, and further finds such exchange of properties to be of equal value to the respective parties and in the best interests of the citizens of the City of Paris and Lamar County. Section 9. That the abandonment and transfer by warranty deed of the Price Street right- of-way to Lamar County authorized herein shall be and is hereby conditioned upon the conveyance by the County to the City in the future of a new, and as of yet unidentified as to location or size, utility easement acceptable to the City for relocation of existing waterlines and other utilities; such conveyance by fee simple documents in a form acceptable to the City Attorney, otherwise the abandonment authorized herein to be void and of no force and effect. Section 10. That the abandonment and transfer by Warranty Deed of the Price Street right-of-way to Lamar County authorized herein shall be and is hereby conditioned upon the exchange and transfer by Lamar County by Warranty Deed of the Hearne Street right-of-way