09 - Acceptance of the Donation of Real Property located at City Block 120 Lot 6 - 301 Bonham StreetItem No. 9
TO: City Council
Gene Anderson, Interim City Manager
FROM: Stephanie H. Harris, City Attorney
SUBJECT: ACCEPTANCE OF A DONATION OF PROPERTY LOCATED AT 301
BONHAM ST.
DATE: February 3, 2020
BACKGROUND: Jack and Laura Hoskins are owners of a vacant lot located at 301 Bonham St.
in the downtown area of Paris. In January of 2012, the structure at that location collapsed into the
street, and the city expended $49,396.80 to complete the demolition and remove debris. The city
filed a dangerous structure abatement lien in that amount plus 10% interest per annum. Mr. and
Mrs. Hoskins have not been able to pay this lien, and have offered to donate the lot to the city in
exchange for the city's releasing the demolition lien. The location of this vacant lot is very
desirable for a public parking lot in the downtown area, particularly in light of the city's downtown
10 year revitalization plan.
STATUS OF ISSUE: All taxes are current on this property, and there are no other liens thereon.
City staff agrees that it is in the best interest of city residents and downtown businesses to acquire
the property and forgive the demolition lien, which is likely to go uncollected at least for many
years.
BUDGET: The city would waive the principle and interest on the demolition lien, which as noted
is unlikely to be collected upon for the foreseeable future, and there may be some costs associated
preparing the lot to be a public parking lot.
RECOMMENDATION: Approve a resolution accepting the donation by General Warranty Deed
of the property located at 301 Bonham St., and releasing the demolition lien associated with said
property.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS
ACCEPTING THE DONATION OF CERTAIN PROPERTY LOCATED AT CITY
BLOCK 120, LOT 6, OTHERWISE KNOWN AS 301 BONHAM ST., PARIS,
TEXAS, AND APPROVING THE RELEASE OF A DANGEROUS STRUCTURE
ABATEMENT LIEN ON SAID PROPERTY; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE
DATE.
WHEREAS, the City of Paris is in receipt of an offer of donation of property from Jack
M. Hoskins and Laura L. Hoskins as owners of City Block 120, Lot 6, located at 301 Bonham
Street, which is near Paris' downtown Plaza area; and
WHEREAS, the structure on said property collapsed in January of 2012, and the City
expended $49,396.80 of City funds completing demolition of the structure and disposing of
debris; and
WHEREAS, on March 20, 2012, the City filed a Dangerous Structure Abatement Lien,
recorded as document 095340-2012 in the Lamar County Clerk's Office, in the amount of
$49,396.80 plus interest in the amount of 10% per annum related to said demolition and
disposal costs; and
WHEREAS, the owners of said property have offered to donate the property to the
City in exchange for the release of said Lien; and
WHEREAS, the property being a vacant lot near the Plaza downtown, the City
desires to own said property to be utilized as public parking in connection with its
downtown revitalization efforts; and
WHEREAS, the City Council finds that it is in the best interest of the residents of Paris
and the merchants in the downtown area to acquire property in the downtown area to
provide public parking, and thus finds a public purpose in releasing said lien in order to
acquire said property;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS, THAT:
Section 1. The findings set out in the preamble to this resolution are hereby in all
things approved.
Section 2. That the donation of Jack M. Hoskins and Laura L. Hoskins of City Block
120, Lot 6, located at 301 Bonham Street, Paris, Texas by General Warranty Deed in the form
attached hereto as Exhibit A, be, and the same is hereby, in all things accepted.
Section 3. That in consideration of said donation, the City Council hereby releases
for all purposes the Dangerous Structure Abatement Lien dated March 20, 2012 and
recorded as document 095340-2012 in the Lamar County Clerk's Office.
Section 4. That the Mayor is hereby authorized to accept said donation by his
signature on the General Warranty Deed.
Section S. That this resolution shall be effective from and after its date of passage.
Steven J. Clifford, M.D., Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney
GENERAL WARRANTY DEED
STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR §
That we, Jack M. Hoskins and wife, Laura L. Hoskins, of the County of Lamar,
State of Texas, as a gift and without the payment to us or either of us any consideration
other than the release of the Dangerous Structure Abatement Lien of record in the Lamar
County Clerk's Office, document number 095340-2012, do hereby Give, Grant, Convey,
Deliver, and Confirm unto the City of Paris, of the County of Lamar, State of Texas, whose
mailing address is P.O. Box 9037, Paris, Texas 75461-9037, all that certain tract or parcel
of land situated in Lamar County, Texas, and described as follows: SUBJECT TO such
Party Wall Agreement as appears of record in the Deed Records of Lamar County, Texas,
covering the common walls of Lot 5-A and Lot 7, City Block No. 120:
SITUATED within the corporate limits of the City of Paris, County of Lamar,
State of Texas, being a part of the LARKIN RATTAN HEADRIGHT SURVEY, and
being Lots One (1), Two (2) and Three (3) in Plat C of the John L. Fowler Estate
Partition, as recorded in Book 11, Pages 417-425, District Court Minutes of Lamar
County, Texas; described by metes and bounds as follows:
BEGINNING at a stake at the SW corner of the intersection of Bonham
Street and 3rd Street SW (formerly South 181 or Mill Street), this point being the
NE corner of Lot One (1) above mentioned;
THENCE WEST with the SB line of Bonham Street 97.5 feet, a stake at the
NW corner of Lot Three (3) and the NE corner of Lot Four (4) in Plat C of the Fowler
Estate Partition;
THENCE SOUTH 108 feet, a stake at the SW corner of Lot Three (3);
THENCE EAST 97.5 feet, a stake in the WB line of 31 Street SW, at the
SE corner of Lot Two (2) above mentioned;
THENCE NORTH with the WB line of 31 SW a distance of 108 feet to the
place of beginning, and being the same property described in deed to Jack M.
Hoskins and wife, Laura L. Hoskins dated March 22, 2004, of record in Book OR,
Volume 1451, Page 66, Lamar County Real Property Records; reference being
made to all the above mentioned instruments and records for all necessary
purposes.
SAID property is also known as City Block 120, Lot 6, and is located at 301
Bonham St., Paris, Texas 75460.
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 CITY OF PARIS,
ITS SUCCESSORS AND ASSIGNS FOREVER; AND WE DO HEREBY BIND
OURSELVES, OUR HEIRS, EXECUTORS AND ADMINISTRATORS, TO Warrant and
Forever Defend all and singular the said premises unto the said CITY OF PARIS, its
successors and assigns, against every person whomsoever lawfully claiming, or to claim
the same or any part thereof.
WITNESS our hands at Paris, Texas, this of February, 2020.
Jack M. Hoskins
Laura L. Hoskins
STATE OF TEXAS }
COUNTY OF LAMAR }
BEFORE ME, the undersigned authority, on this day personally appeared Jack M.
Hoskins, and wife Laura L. Hoskins known to me to be the persons whose names are
subscribed to the foregoing instrument, and acknowledged to me that they executed the
same for the purposes and consideration therein expressed.
2020.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of February,
Notary Public, State of Texas
ACCEPTED BY THE CITY OF PARIS ON FEBRUARY 10, 2020:
By: Steven J. Clifford, M.D, Mayor
ATTEST:
Janice Ellis, City Clerk
RETURN TO: City Attorney, City of Paris
P.O. Box 9037
Paris, Texas 75461-9037