2014-026 - Authorizing the abandonment of a parcel of public right-of-way located between lots 12A and 13, Block 74, located at 1050-1060 North Main Street

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PETITION FOR ABANDONMENT OF CITY RIGHT -OF -WAY We, the undersigned, Offutt Properties, LLC (hereinafter "Owners "), being the owners of the real property abutting that 2,081 square foot pie- shaped parcel located between Lot 12A and Lot 13, Block 74 of the City of Paris, Lamar County, (hereinafter called "Right -of- Way "), more particularly described by metes and bounds in the field note description attached hereto and incorporated herein as Exhibit "A" do hereby request that the City of Paris, Texas ( "City ") abandon the Right -of -Way. 1. The Owners are requesting the abandonment of the Right -of -Way for the following reasons: This is a 2,081 square foot triangular shaped parcel that was conveyed to the City of Paris back in 1994 for possible MILK road alignment, but was never utilized by city. The parcel lies between two lots owned by Offutt Properties, LLC. The property is no longer needed by the City of Paris for Right -of -Way use, nor is the Right -of -Way needed by the utility companies. 2. The following public interest will be served as a result of the abandonment: Neither the City of Paris nor the local utility providers need this small parcel for public purposes. The City will abandon the parcel to the abutting property owner to create a more developable tract. 3. Notice of Sale or Competitive Bid required? No. This 2,081 square foot parcel represents a narrow strip of land that because of its shape, lack of access to public roads or small area cannot be used independently under its current zoning or under applicable subdivision or other development control ordinances, therefore public notice of sale is not required. 4. The Owners hereby represent and affirm to the City of Paris, Texas that no other property owner, lessee, tenant or easement or license holder uses the Right -of- Way to access or to serve their property. 5. The Owners further agree to release, defend, indemnify and hold the City, its officers, agents and employees harmless from and against any and all claims, losses, demands, suits, judgments and costs, including reasonable and necessary attorney's fees and expenses, arising out of, related to or resulting from the abandonment and closing of the Right -of -Way by City of Paris, Texas. 6. The Owners understand and agree that the abandonment is in the sole discretion of the City Council of the City of Paris, Texas. The Owners also understand and agree that the Right -of -Way will be abandoned to them in proportion to their abutting ownership. The abutting ownership will be determined by the number of linear feet of frontage adjacent to the Right -of -Way i' PETITION FOR ABANDONMENT EXHIBIT PAGE 1