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2000-068-RES AUTHORIZING THE EXECUTION OF A DEED OF ABANDONMENT RESOLUTION NO. 2000-068 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AUTHORIZING THE EXECUTION OF A DEED OF ABANDONMENT CONVEYING A PORTION OF THE RIGHT-OF-WAY OF 31ST STREET N.E., WHICH HAS BEEN ABANDONED BY PRIOR CITY ORDINANCE, TO THE ADJACENT PROPERTY OWNER IN ACCORDANCE WITH STATE LAW; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it has been called to the attention of the City Council of the City of Paris that there is a street running north and south, BEGINNING at the dead end of 31st Street N.E., north to the south boundary line of Loop 286 N.E,; and, WHEREAS, it has been called to the attention of the City Council that the street is desired by the property owners adjacent to said street; and, WHEREAS, the City Council, by prior Ordinance No. 2000-026, adopted June 12, 2000, has authorized the City to abandon the City's interest in the aforesaid street right-of-way; and, WHEREAS, it is deemed appropriate that the City's interest in said abandoned street right- of-way be conveyed to the adjacent owners on either side of said street by deed of abandonment, without warranty; and, WHEREAS, the City Council further finds and determines that the City's interest in said abandoned street right-of-way, such as it may be, the same being not found in any dedication or deed to the City, nor having been found to have been awarded to the City in any substantive way, and that the said interest, if any, constituted primarily the use of said property for a road right -of- way which was not substantively improved and would require significant expenditures of public funds to improve and subsequently utilize as a right-of-way to the benefit of the public, is at best speculative and has no fair market value and hence does not require the appraisal of same, nor the payment of any consideration related thereto; 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 Mayor be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, a deed of abandonment, without warranty, in such form as the City Attorney shall approve, conveying to the adjacent owners on either side of said street, in accordance with the laws of the State of Texas, the City's interest in the abandoned street right-of- way beginning at the dead end of 31st Street N.E., north to the south boundary line of Loop 286 N .E., it appearing that the real and true owners of the hereinafter described lots are as follows: Lot 7, City Block 316 Lot 14, City Block 259 H-W Investments H-W Investments Section 3. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 12th day of June, 2000. ~LJ{f~:r Michael J. Pfie er, ayor ATTEST: Mattie Cunningham, City CI APPROVED AS TO FORM: -. DEED OF ABANDONMENT COUNTY OF LAMAR } } } KNOW ALL MEN BY THESE PRESENTS: STATE-OF TEXAS That the CITY OF PARIS, PARIS, TEXAS, a municipal corporation of the County of Lamar, State of Texas, acting by and through its Mayor, duly authorized by Resolution No. 2000-068 ,for and in consideration of the sum ofTen and no/100 Dollars ($10.00) cash and other good and valuable consideration, in cash, to it in hand paid by H-W Investments the receipt and sufficiency of which is hereby acknowledged; has Granted, Sold and Conveyed, and by these presents does Grant, Sell and Convey unto the said H-W Investments of the County of Lamar, State of Texas, whose mailing address is 222 East Hickory Street, Paris, Texas 75460, the City of Paris' interest in all that certain tract or parcel of land situated in Lamar County, Texas, and described as follows: SITUATED within the corporate limits of the City of Paris, County of Lamar and State of Texas, a part of the Joseph Leach Survey #524, and being a part of Lot 7, City Block 316, being more particularly described in Exhibit A attached hereto and made a part thereof. TO HAVE AND TO HOLD the above described premises, together with all and singular, the rights and appurtenances thereto in anywise belonging unto the said H-W Investments, its successors and assigns forever. This conveyance shall be without warranty of any kind, whether express or implied. WITNESS its hand at Paris, Texas, this 12th day of June, A.D. 2000. ~J4~~- Michael J. pfiest r, or EXHIBIT A Being a description of the area in which a closed portion of 31 st NE Street is located in Paris, Lamar County, Texas. BEGINNING at a point for corner at the western most Southwest corner of Lot 7 Block 316, City of Paris Lamar County, Texas, same being the western most Southwest corner of the Seventh Tract described in a deed from Eastfield Development Corporation to H & W Investments of record in Volume 646 Page 681 Deed Records of Lamar County, Texas. THENCE North 0 deg. 20 min. West with the West boundary line of said H& W tract of land, 919.5 feet to a point in the South boundary line of Loop 286; THENCE Southeasterly with the South boundary line of Loop 286 forty feet, more or less, to a point for corner at the intersection of the South boundary line of Loop 286 and the East boundary line of said closed portion of 31 st NE Street; THENCE South 0 deg, 20 min. East 919.5 feet, more or less, to a point in the South boundary line of said H& W tract of land; THENCE South 89 deg. 35 min. West, 40 feet, more or less, to the place of beginning.