2004-018-ORD ABANDONING OF CITY'S INTEREST IN A 120 FOOT WIDE STREET ROW BEING PORTION OF 13TH ST SW

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WHEREAS, the City Council, having received the recommendation of the Planning and Zoning Commission, hereby determines that it is in the best interest of the citizens and the City of Paris to abandon the City's interest in the aforesaid street, reserving thereto drainage and utility easements coterminous with the original boundaries of the aforesaid street and subject to the rights and the interests of the City of Paris in preserving and utilizing the aforesaid easements; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That the City's interest in a one hundred twenty (120) foot street right-of-way, the same being a portion of 13th Street S.W., beginning at the North right-of-way line of Loop 286 going North approximately 1,713.1 feet to and including a cul-de-sac, described in Exhibit A, attached hereto, is found to be of no use as a street to the City of Paris or its citizens, but is of use and necessary to the City of Paris and its citizens for drainage and utility easement purposes; therefore, such street is hereby abandoned, with the City of Paris retaining drainage and utility easements thereon. Section 3. That the drainage and utility easements hereby reserved and preserved from abandonment shall extend the length and breadth of the current street so abandoned and shall be coterminous with the original boundaries of said portion of 13th Street S. W., the same being one hundred twenty (120) feet wide and beginning at the North right-of-way line of Loop 286 going North approximately 1,713.1 feet to and including a cul-de-sac. Section 4. That the drainage and utility easements so reserved by the City of Paris shall be held unto the City of Paris in full and fee ownership, with the right and privilege at any and all times to enter said premises, or any part thereof, for the purpose of maintaining, constructing, reconstructing, relocating, or otherwise performing work or service upon or in the drainage and utility facilities placed and located therein, and provided further, that no beneficiary or subsequent owner of the street 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 any document reflecting the City's relinquishment of use of the street 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 is hereby conditioned upon the preservation of said easements and the rights and interests reserved unto the City of Paris hereto.