2002-061-RES AUTHORIZE EXECUTION OF WARRANTY DEED OF ABANDONMENT AS ADJACENT PROPERTY OWNER OF 40' STREET KNOWN AS W PRICE STREET, CITY BLOCKS 10 AND 41

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WHEREAS, Lamar County has offered as consideration for 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, such conveyance to be by fee simple documents in a form acceptable to the City Attorney; and, WHEREAS, Lamar County has offered as further consideration for the Price Street right- of-way a 100 foot right-of-way extending across the south end of the property where the County Jail is located, the same being a portion of the property purchased by the County from Foy Crockett, et ux, described in Deed recorded in Vol. 126, Page 188, Real Property Records, Lamar County, Texas, such 100 foot right-of-way to be used by the City to extend Hearne Street from 1st Street S.W. to 4th Street S.W.; and, WHEREAS, the Commissioners Court of Lamar County has previously authorized, by Resolution adopted February 14, 2000 (reference to which is hereby made), the transfer of said Hearne Street right-of-way to the City of Paris for fair market value; and, WHEREAS, the City Council of the City of Paris has, by adoption of prior Resolution No. 2000-003, adopted January 10, 2000 (reference to which is hereby made), previously authorized the acceptance of the aforesaid right-of-way from the County for the extension of Hearne Street in exchange for the payment of the fair market value of said right-of-way; and, WHEREAS, the City Council of the City of Paris, by adoption of the aforesaid prior Ordinance No. 2002-018 adopted April 4, 2002, has previously found and determined that in lieu of the cash payment of the appraised value of the Hearne Street right-of-way as authorized in Resolution No. 2000-003, the acceptance of the Hearne Street right-of-way in exchange for the Price Street right-of-way was an exchange of properties of equal value to the respective parties and was in the best interests of the citizens of the City of Paris and Lamar County; and, WHEREAS, the City Council further authorized in Ordinance No. 2002-018 the closure of Price Street and the exchange by Warranty Deed of said right-of-way with Lamar County in return for the exchange by Warranty Deed of the Hearne Street right-of-way; and, WHEREAS, the aforesaid exchange was conditioned by City Council in prior Ordinance No. 2002-018 on the receipt from Lamar County of the right-of-way necessary for the extension of Hearne Street; and, WHEREAS, it is deemed appropriate that the City's interest in said street be conveyed to the adjacent owner on either side of said street and that a right of entry and access, drainage, and utility easements be retained; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: