2000-112-RES RATIFYING AN AGREEMENT TO PROCURE RIGHT-OF-WAY
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,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS:
Section 1. That the findings set out in the preamble to this resolution are hereby in all
things approved.
Section 2. That the agreement of the City Engineer with Arnold Pennington 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 the 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, in exchange for
the property described on Exhibit A attached hereto, be, and the same is hereby, ratified and
accepted.
Section 3. That this resolution shall be effective from and after its date of passage.
PASSED AND ADOPTED this 14th day of August, 2000.
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Michael J. P-leste , M or
ATTEST:
,
atl1e Cunningham, City Clerk
APPROVED AS TO FORM:
Referenc. B.arlng: e.nt.r IIn. of NE Loop Hwy. 286 )Jst East of ct Sta. 200+24.B
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J.M. Nelson, RPLS of Texns,
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Nelson Surveying Company
920 N. Main Sl. Paris, Texas 75460
903-785-3551 III 903-785-33llll
J.M. NeIlan, RegIolered Prof~ Land arteyar 01 Teua, t4025
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EXHIBIT A
Penn 01sk-278
7 21 00
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Nelson Surveying Company
920 North Main Street Paris, Texas 75460
903-785-3551 fax 903-785-3399 e-mail jimn@stargate.1starner.com
Jim Nelson. owner
J. M. Nelson. Registered Professional Land Surveyor of Texas, #4025
Penn Disk-2n Hickory Sl. I N E Loop 286 HWilliams #1003
FIELD NOTES
Situated within the Corporate Limits of the City of Paris, County of Lamar, and State of Texas, a part
of the Hiram Williams Survey #1003, and being a part of a tract of land conveyed Arnold W. Pennington
by deed recorded in Vol. 532, Page 412, of the Deed Records of said County and State, said Pennington
tract being known as lot 2, City Block 320 (plat not recorded).
Beginning at a capped (JMN - 4025) iron pin (s) for corner at the Southeast corner of said Pennington
tract, said point being the intersection of the Southwesterly Boundary Line of Loop Hwy. 286 and the
North Boundary Line of Hickory SI.
Thence North 88.57'06" West along a partial fence along the North Boundary Line of said Hickory SI.
a distance of 51.95 feet to a capped (JMN - 4025) iron pin (s) for corner;
Thence North 0.13'10" West aiong the projection of the West Boundary Line of 27th N.E. a distance
of 41.45 feet to a capped (JMN - 4025) iron pin (s) for corner;
Thence South 50.51 '39" East along the Southwesterly Boundary Line of said Loop Hwy. 286 a
distance of67.18 feet to the place of beginning and containing 0.0247 acres of land, or 1076.53 sq. ft. of
land.
I, J.M. Nelson, Registered Professional Land Surveyor of Texas, #4025, certify that the above
depicted and described tract of land was taken from an actual survey made on the ground and
completed by me on the 21 st day of July, 2000.
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J.M. Nelson, RPLS of Texas, #4025
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date