2001-171-RES DECLARING 0.0281 ACRE TRACT OF LAND LOCATED AT 27TH ST NE AND HICKORY TO BE SURPLUS
RESOLUTION NO. 2001-171
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, DECLARING A 0.0281 ACRE TRACT OF LAND
LOCATED AT 27TH STREET N.E. AND IDCKORY TO BE SURPLUS;
AUTHORIZING THE SALE OF SAID PROPERTY TO BRAD SHELTON
DBA PARIS SUZUKI KAWASAKI IN ACCORDANCE WITH STATE LAW
AND AT FAIR MARKET VALUE; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, Section 272.001 of the Local Government Code authorizes municipalities
such as the City of Paris to sell or exchange land following publication of notice of offer of sale
and subsequent bidding for the purpose thereof; and,
WHEREAS, the aforesaid Section 272.001, at subsection (b) provides certain exceptions
to the notice and bidding requirements of state law with regard to certain types of land and real
property interests which may be conveyed by a municipality without the necessity for publication
of notice and the seeking of bids; and,
WHEREAS, among those properties exempted from the need for publication and taking
of bid as provided in Section 272.001 (b) (1) and (2) are narrow strips ofland or land that because
of shape, lack of access to public roads, or small area cannot be used independently under current
zoning or other applicable subdivision or other development control ordinances, and streets or
alleys, owned in fee or used by easement; and,
WHEREAS, the aforesaid Section 272.001 (b) of the Local Government Code authorizes
the sale of said property exempted from the requirements of notice and publication to abutting
property owners in the same subdivision if the land has been subdivided or otherwise to abutting
property owners in proportion to their abutting ownership, with the division between owners being
made in an equitable manner; provided, however, such sale should be made only after the fair
market value of said property is determined by an appraisal by or on behalf the municipality that
owns the land or interest in question, and the aforesaid property is sold for said fair market value
as determined by said appraisal; and,
WHEREAS, the City of Paris has been approached by Brad Shelton dba Paris Sazuki
Kawasaki Dealership to purchase a 0.0281 acre tract of land owned by the City and located at 27th
Street N.E. and Hickory Street; and,
WHEREAS, the City of Paris finds and determines that a proper appraisal has been
obtained of said property and that the fair market value of said property as determined by said
appraisal is $514.00; and,
WHEREAS, the City Council further finds and determines that the aforesaid 0.0281 acre
tract of land is surplus property for which there is no known municipal use for same and said
property should be declared as surplus; and,
WHEREAS, the City Council further finds and determines that said 0.0281 acre tract of
land constitutes a narrow strip of land, or land because of its shape, lack of access to public roads,
or small area cannot be used under its current zoning or under applicable subdivision or other
development control ordinances, and that the same also consists of property obtained for streets
or alleys; and,
WHEREAS, the City Council further finds and determines that Brad Shelton dba Paris
Suzuki Kawasaki Dealership is an abutting property owner to the aforesaid 0.0281 acre tract of
land and is offering to obtain same from the City for the aforesaid fair market value; and,
WHEREAS, the City Council further finds and determines that it desires to sell the
aforesaid surplus property for the aforementioned value to Brad Shelton dba Paris Suzuki
Kawasaki Dealership; 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 is hereby authorized to execute and the City Clerk to attest to
a deed without warranty for the sale of that 0.0281 acre tract of land located at 27th Street N.E.
and Hickory Street, as the same is further described in Exhibit A, attached hereto, and for all
purposes incorporated herein, to Brad Shelton dba Paris Suzuki Kawasaki Dealership, at the fair
market price of $514.00.
Section 3. That the City Attorney shall prepare all necessary documents incident to the
sale of the aforesaid property, including a deed without warranty or such other instrument as the
City Attorney shall deem appropriate.
Section 4. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this 4th day of October, 2001.
M~~
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
DEED WITHOUT WARRANTY
STATE OF TEXAS
COUNTY OF LAMAR
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KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, Section 272.001 of the Local Government Code authorizes municipalities
such as the City of Paris to sell or exchange land following publication of notice of offer of sale
and subsequent bidding for the purpose thereof; and,
WHEREAS, the aforesaid Section 272.001, at subsection (b) provides certain exceptions
to the notice and bidding requirements of state law with regard to certain types of land and real
property interests which may be conveyed by a municipality without the necessity for publication
of notice and the seeking of bids; and,
WHEREAS, among those properties exempted from the need for publication and taking
of bid as provided in Section 272.001 (b) (1) and (2) are narrow strips ofland or land that because
of shape, lack of access to public roads, or small area cannot be used independently under current
zoning or other applicable subdivision or other development control ordinances and streets or
alleys, owned in fee or used by easement; and,
WHEREAS, the aforesaid Section 272.001 (b) of the Local Government Code authorizes
the sale of said property exempted from the requirements of notice and publication to abutting
property owners in the same subdivision if the land has been subdivided or otherwise to abutting
property owners in proportion to their abutting ownership, with the division between owners being
made in an equitable manner, provided, however, such sale should be made only after the fair
market value of said property is determined by an appraisal by or on behalf the municipality that
owns the land or interest in question, and the aforesaid property is sold for said fair market value
as determined by said appraisal; and,
WHEREAS, the City of Paris has been approached by Brand Shelton dba Paris Sazuki
Kawasaki Dealership to purchase a 0.0281 acre tract ofland owned by the City and located at 27th
Street N.E. and Hickory Street; and,
WHEREAS, the City of Paris finds and determines that a proper appraisal has been
obtained of said property and that the fair market value of said property as determined by said
appraisal is $514.00; and,
WHEREAS, the City Council further finds and determines that the aforesaid 0.0281 acre
tract of land is surplus property for which there is no known municipal use for same and said
property should be declared as surplus; and,
EXHIBIT A
WHEREAS, the City Council further finds and determines that said 0.0281 acre tract of
land constitutes a narrow strip of land, or land because of its shape, lack of access to public roads,
or small area cannot be used under its current zoning or under applicable subdivision or other
development control ordinances, and that the same also consists of property obtained for streets
or alleys; and,
WHEREAS, the City Council further fmds and determines that Brad Shelton dba Paris
Suzuki Kawasaki Dealership is an abutting property owner to the aforesaid 0.0281 acre tract of
land and is offering to obtain same from the City for the aforesaid fair market value; and,
WHEREAS, the City Council further finds and determines that it desires to sell the
aforesaid surplus property for the aforementioned value to Brad Shelton dba Paris Suzuki
Kawasaki Dealership;
That the City of Paris, Paris, Texas, a municipal corporation, by and through its Mayor,
Michael J. Pfiester, duly authorized by Resolution No. 2001-
, of the County of Lamar,
State of Texas, for and in consideration of the sum ofTen and no/l00 Dollars ($10.00) cash and
other good and valuable consideration, to it in hand paid by Brad Shelton dba Suzuki Kawasaki
Dealership, 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 Brad Shelton dba
Suzuki Kawasaki Dealership of the County of Lamar, State of Texas, whose mailing address is
2710 Loop 286 N.E., Paris, Texas 75460, all that certain tract or parcel ofland 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 Hiram Williams Survey #1003, and being
a part of Hickory Street, partly shown on the fmal plat of Suzuki Properties as
recorded in Envelope 260-A, Plat Records of said County and State, and being
more particularly described as follows:
BEGINNING at an iron pin (t) for corner at the intersection of the south
boundary line of Hickory Street and the east boundary line of 27th Street N.E.,
said point being the northwest corner of Lot 6, Block "B", Suzuki Properties, as
recorded in Envelope 260-A of said Plat Records.
THENCE along the south boundary line of said Hickory Street and the
north boundary line of said Lot 6 as follows: South 88028' 03" East a distance of
50.21 feet to an iron pin (f) in concrete; North 80017'35" East a distance of 59.80
feet to a capped (JMN - 4025) iron pin (s) for corner;
THENCE along the south boundary line of Loop Hwy. 286 as follows:
South 89049'04" West a distance of 67.84 feet to a capped (JMN - 4025) iron pin
(s) at centerline Sta. 189+56.9; North 50051 '39" West a distance of 39.58 feet to
a capped (JMN - 4025) iron pin (s) for corner;
THENCE South 17033'04" West a distance of 35.14 feet to the place of
beginning and containing 0.0281 acres ofland, or 1224.04 sq. ft. of land.
The above field notes being taken from an actual survey made on the ground
by Jim Nelson, Registered Land Surveyor of Texas, #4025, May 7, 2001,
reference being here made to all instruments and records for all necessary
purposes.
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 Brad Shelton dba Suzuki
Kawasaki Dealership, his heirs and assigns forever without express or implied warranty. All
warranties that might arise by common law as well as the warranties in Section 5.023 of the Texas
Property Code (or its successor) are excluded.
WITNESS its hand at Paris, Texas, this 4th day of October, 2001.
CITY OF PARIS, PARIS, TEXAS
By:
Michael J. Pfiester, Mayor
ATTEST:
Mattie Cunningham, City Clerk
THE STATE OF TEXAS )
)
COUNTY OF LAMAR )
BEFORE ME, the undersigned authority, on this day personally appeared Michael J.
Pfiester, Mayor of the City of Paris, Paris, Texas, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the
purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 4th day of October, 2001.
Notary Public, State of Texas