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10-11 - Alley Abandonment and Deed of AbandonmentItem Nos. 10 & 11 TO: City Council John Godwin., City Manager FROM: Gene Anderson, Finance Director SUBJECT: ALLEY A13ANDONMENT DATE: February 20, 2018 BACKGROUND: The City received a request to abandon 1.42 feet of alley between 627 NI.--` 5"' and 639 NE 5t". Both properties are owned by the same individual. STATT-JS OF ISSUE: The City verified that. it had no assets located in this alley and had no planned use for this alley which is undeveloped, The City checked with Oncor, Atmos, and SUddenlink to see if any of these utilities had assets or easements located in this alley. None of the utilities had assets in the alley, but Oncor did have an easement for possible future use. The attached resolution and ordinance of abandonment by the City allows Oncor to retain their easement. BUDGET: This resolution has no budget impact on the City. RECOMMENDA T'ION: Approve an. Ordinance abandoning a 142 foot section of alley located between 627 NE 5"' Street and 639 NE 5"' Street and a Resolution authorizing the execution of a Deed of Abandonment to the Adjacent Property Owner, 0 25 0 50 Feet LOCATION A ALLEY17 FT ABANDONMENT WHEREAS, it has been brought to the attention of the City Council of the City of Paris, 'Texas that a one hundred forty-two foot portion of an alley between 627 NE 501 Street and 639 NE 51h Street in the city of Paris, "Texas, described more fully in Exhibit A. attached hereto and incorporated by reference as if fully set forth herein, is of no use as an alley to the City of Paris or its citizens, and the City Council so finds; and 'W'HE'REAS, the City of Paris has received a request from the owner of the adjacent properties that the City abandon said 142 foot portion of said alley; and WHEREAS, the City Engineer has reviewed the requested alley abandonment and has determined that the alley is of no use to the City and that there is only one utility easement by Oncor for access which shall remain and not be affected in any way whatsoever by the City's abandonment of said alley; and, WHEREAS, the City Council of the City of Paris conducted) a public hearing on the 12th day of March, 2018 to receive comments from citizens and members of the general public for and against the proposal to abandon the aforesaid alley; and, WHEREAS, the City Council, hereby determines and declares that there is no public use or necessity for said portion of the alley and that it is in the best interest of the citizens and the City of Paris to abandon the aforesaid alley. -TlOiff, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS- Section L That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That the one hundred forty two (142) foot alley described more fully in Exhibit A. attached hereto and incorporated by reference as if fully set forth herein, is found to be of no use as a street or alley to the City of Paris or its citizens, and that therefore, such alley is hereby abandoned, with a utility easement by Oncor for access to a street light which will remain and shall be unaffected in any way by said abandonment. Section 3. That all provisions of the ordinances of the City of Paris, Texas in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4. That the repeal of any ordinance or part of ordinances affected by the enactment of this ordinance shall not be construed as abandoning any action now pending under or, by virtue of such ordinance or as discontinuing, abating, modifying, or altering any penalty accruing or to accrue, or as affecting any rights of the municipality under any section or provisions of any ordinance at the time of passage of this ordinance. Section 5. That it is the intention of the City Council of the City of Paris that this ordinance, and every provision hereof, shall be considered severable, and the invalidity or partial invalidity of any section, clause, or provisions of this ordinance shall not affect the validity of any other portion of this ordinance,. Section 6. That this ordinance shall become effective from and after its passage. PASSED AND ADOPTED on this 12th day of March, 2018. Janice Ellis, City Clerk Stephanie li. Harris, City Attorney SITUATED within the corporate limits of the City of Paris, County of Lamar, and State of Texas, being part of the Larkin Rattan Survey, Abstract No. 778 Survey, and being seventeen (17) foot wide alley located in City Block 60 of the City of Paris from the west boundary line of NE 5 Ih Street going west to a point one hundred forty-two (142) feet, and being more particularly described as follows: BEUNNING at a point on the west boundary line of NE 5th Street, also being the southeast corner of Lot 36, City Block 60; THENCE West along the south boundary line of said Lot 36 a distance of 142 feet to a point for corner being the southwest corner of said Lot 36; THENCE South a distance of 17 feet to a point for corner in the north property line of Lot 35, City Block 60; THENCE East along the north property line of said Lot 35 a distance of 142 feet to a point for corner being the northeast corner of Lot 35, also being the west boundary line of NE 5`h Street; THENCE North along the west boundary line of NE 51h Street a distance of 17 feet to the place of beginning and containing 2,414 square feet, more or less. lid ,M' f (w WHEREAS, it has been brought to the attention of the Cite Council of the City of Paris, Texas that a one hundred forty-two foot p'o'rtion of an alley between 627 Nle" 5t" Street and 639 NE 5th Street in the city of Paris, Texas, described more fully in a deed of abandonment (Exhibit , attached hereto and incorporated by reference as if fully set forth herein, is of no use as an alley to the City of Paris or its citizens, and the City Council so finds; and WHEREAS, the City Council, by prior Ordinance No. 2018-� adopted March 12, 2018, has authorized the City to abandon the City's interest in the aforesaid alley acid execute a deed of abandonment attached hereto as Exhibit A„ and NOW, THEREFORE, BE # w BY THE CITY COUNCILOF OF PARIS,, Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the Mayor of the City of Paris, be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, a deed of abandonment conveying to the adjacent owner on both sides of said alley, in accordance with the laws of the State of Texas, the City's interest in the abandoned alley. Section 3. That this resolution shall be effective from and after its 'date of passage. Steven J. Clifford, M.D,, Mayor ATTEST: Janice Ellis, City Clerk 0 IN 0 1 1 4 II'll Stephanie H. Hari -is, City Attorney STATE OF" TEXAS I I KNOW ALL MEN BY THESE PRESENTS: COUNTY OF'LAMAR I That the City of Paris, Texas a home -rule municipal corporation of the County of Lamar, State of Texas, acting by and through its Mayor, duly authorized by Resolution No. 2018'-_, for and in consideration of the sum of Ten and no/100 Dollars ($10.00) cash and other good and valuable consideration, in cash, to it in hand paid by Derrick Hughes 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 Derrick Hughes of the County of Lamar, State of Texas, whose mailing address is 627 NE 51h 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, being a part of the Larkin Rattan Survey, Abstract No. 778 Survey, and being a seventeen (17) foot wide alley located in City Block 60 of the City of Paris from the west boundary line of NE Sth Street going west to a point one hundred forty-two (142) feet, and being more particularly described as follows: BEGINNING ata point on the west boundary line of NE 51h Street, also being the southeast corner, of Lot 36, City Block 60; THENCE West along the south boundary line of said Lot 36 a distance of 142 feet to a point for corner being the southwest corner of said Lot 3,6; THENCE South a distance of 17 feet to a point for corner in the north property line of Lot 35, City Block 60; THENCE East along the north property line of said Lot 35 a distance of 142 feet to a point for corner being the northeast corner of Lot 3S, also being the west boundary line of NE 5tb Street; THENCE North along the west boundary line of NE 5th Street a distance of 17 feet to the, place of beginning and containing 2,414 square feet, more or less., 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 Derrick Hughes, his successors and assigns forever. This conveyance shall be without warranty of any kind, whether express or implied and is subject to the reservation of a utility easement held by Oncor Electric Delivery Company, LLC, which has been previously granted and evidenced by instrument recorded in the Deed Records of the office of the County Clerk of Lamar County, Texas. WITNESS its hand at Paris, Texas, this 12th day of March, 2018., Steven J. Clifford, M.D., Mayor ATTEST: Janice Ellis, City Clerk BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared Steven J. Clifford, M.D., Mayor of the City of 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. NM GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 12th day of March, Notary Public, State of Texas