28 & 29 - Pacific Avenue Right-of-Way and Alley Abandonment between South Main Street and South Church Street - Clint and Anna UpchurchItem Nos. 28 & 29
TO: Mayor & City Council
Gene Anderson, Interim City Manager
FROM: Carla Easton, PE, Engineering & Community Development Director
SUBJECT: PACIFIC AVE ROW AND ALLEY ABANDONMENT
DATE: April 7, 2020
BACKGROUND: Clint and Anna Upchurch own property on the west side of South Church Street
described as Texas and Pacific Railway Company Addition Block 5, Lots Pt of 4, 5, 6, 7, & 8, and
Block 14, Lots 1, 2, 11, & 12. The properties are bisected by a right-of-way (ROW) for Pacific
Avenue running east -west, and a 20' wide alley running north -south. The Upchurch's have
maintained the ROW and alley for many years and have submitted a request to formally abandon
these public ROWs.
STATUS OF ISSUE: The City has a sanitary sewer line running east -west along the Pacific
Avenue ROW for which an easement must be retained. Staff has verified with franchise utility
providers that no other utilities are known to exist within the ROW or alley proposed for
abandonment. The applicant has provided a 15' wide sewer utility easement to be filed upon
approval of the abandonment.
BUDGET: None required for this action.
RECOMMENDATION: Approve an Ordinance abandoning a 310 foot section of a undeveloped
street called Pacific Avenue located between South Main Street and South Church Street and the
20' alley running north and south between the lots described above and approve a Resolution
retaining the sewer utility easement.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS
ABANDONING A 310 FOOT SECTION OF AN UNDEVELOPED STREET
CALLED PACIFIC AVENUE LOCATED BETWEEN SOUTH MAIN STREET
AND SOUTH CHURCH STREET WITH THE CITY RETAINING A SANITARY
SEWER LINE RIGHT-OF-WAY EASEMENT; AND A 20 FOOT ALLEY
RUNNING NORTH AND SOUTH BETWEEN BLOCK 5 EAST SIDE LOTS 5
AND 6 AND WEST SIDE LOTS 7 AND 8 AND BLOCK 14, WEST SIDE LOTS 1
AND 2 AND EAST SIDE LOTS 11 AND 12; DECLARING THAT THERE IS NO
PUBLIC NECESSITY OR NEED FOR SAID PORTIONS OF SAID STREET AND
ALLEY FOR CITY OR OTHER FRANCHISE UTILITY PROVIDER'S USE;
MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A
SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, it has been brought to the attention of the City Council of the City of
Paris, Texas that a 310 foot section of an undeveloped street called Pacific Avenue, located
between South Main Street and South Church Street, and a 20 foot section of an alley
running north and south between Block 5, east side Lots 5 and 6 and west side Lots 7 and 8,
and Block 14, east side Lots 1 and 2 and west side Lots 11 and 12, in the city of Paris, Texas,
described more fully in Exhibit A. attached hereto and incorporated by reference as if fully
set forth herein, are of no use as a city street and alley to the City of Paris or its citizens, and
the City Council so finds; and
WHEREAS, the City of Paris has received a request from the owner of the adjacent
properties that the City abandon said 310 foot portion of Pacific Avenue and a 20 foot
section of said alley; and
WHEREAS, the City Engineer has reviewed the requested street and alley
abandonment and has determined that the street and alley are of no use to the City and that
there is only one utility easement by the City of Paris on Pacific Avenue for a sewer line in
which a right -of way easement shall be retained, and no other franchise utility providers
will be affected in any way whatsoever by the City's abandonment of said street and alley;
and,
WHEREAS, the City Council of the City of Paris conducted a public hearing on the
131h day of April, 2020 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 portions of the street and alley and that it is in the best interest of
the citizens and the City of Paris to abandon the aforesaid alley.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS:
Section 1. That the findings set out in the preamble to this ordinance are hereby
in all things approved.
Section 2. That the 310 foot street and the 20 foot alley described more fully in
Exhib.itA attached hereto and incorporated by reference as if fully set forth herein,
are found to be of no use as a street and alley to the City of Paris or its citizens, and that
therefore, such portions of said street and alley are hereby abandoned, subject to a utility
easement in favor of the City of Paris on Pacific Avenue through which a right -of way
easement shall be retained for access to a sewer line.
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 13th day of April, 2020.
Steven J. Clifford, M.D., Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney
EXHIBIT A
DESCRIPTION OF ALLEY ABANDONMENT
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, and being part of a called 20' alley of the
Texas and Pacific Railway Company Addition to the City of Paris as shown on the plat of said Addition
filed in Volume 53, Page 445, of the Deed Records of said County, and being more particularly described
as follows:
ALLEY DESCRIPTION 1: BLOCK 5 OF TEXAS AND PACIFIC RAILWAY COMPANY ADDITION
BEGINNING at a point on the north boundary line of Pacific Avenue, also being the southwest
corner of Lot 6, Block 5 of the Texas and Pacific Railway Company Addition;
THENCE West along the north boundary line of Pacific Avenue a distance of 20 feet to a point for
corner also being the southeast corner of Lot 7, Block 5;
THENCE North a distance of 100 feet to a point for corner also being the northeast corner of Lot
8, Block 5;
THENCE East a distance of 20 feet to cross the alley right-of-way to a point for corner also being
the northwest corner of Lot 5, Block 5;
THENCE South a distance of 100 feet along the west property lines of Lots 5 and 6 to the place of
beginning at the southwest corner of Lot 6, and containing 2,000 square feet.
ALLEY DESCRIPTION 2: BLOCK 14 OF TEXAS AND PACIFIC RAILWAY COMPANY ADDITION
BEGINNING at a point on the south boundary line of Pacific Avenue, also being the northwest
corner of Lot 1, Block 14 of the Texas and Pacific Railway Company Addition;
THENCE West along the north boundary line of Pacific Avenue a distance of 20 feet to a point for
corner also being the northeast corner of Lot 12, Block 14;
THENCE South a distance of 100 feet to a point for corner also being the southeast corner of Lot
11, Block 14;
THENCE East a distance of 20 feet to cross the alley right-of-way to a point for corner also being
the southwest corner of Lot 2, Block 14;
THENCE North a distance of 100 feet along the west property lines of Lots 1 and 2 to the place of
beginning at the northwest corner of Lot 1, Block 14, and containing 2,000 square feet.
Alley description prepared by Carla Easton, PE, City Engineer, City of Paris. Not an official survey.
Lands off" , w�IT::�"fir A>�ure abaadwr�t
All that certain tract or parcel of land situated within the Corporate Limits of the City of Paris, in Lamar County,
Texas; part of the Larkin Rattan Survey, Abstract No. 778, and being a part of the called Pacific Avenue (80' wide
Street) of the Texas and Pacific Railway Company Addition to the City of Paris as shown on the Plat of said
Addition filed in volume 53, Page 445, of the Deed Records of said County, and being more particulady described
as follows, to wit:
BeghwfiV at a i/2" rebar (sdt) for a corner in a west Line of South Church Street (formerly Ryan street), same
being the Southeast comer of Lot 6 of Block 5 of said Addition;
Thence S 00'00' 00" E with a Weal Line of said South Chw& Street and an East Line of this portion of said
Pack Avenue, a distance 80.000', to a nbar (act) for a corner, same being the Northeast comes of Lot 1 of
Block 14 of said Addition;
Thence S 89' 59' 55" W with a South Line of said Pacific Avenue and with the North Line of said Lot 1, at approx
140', passing the Northwest corner of said Lor 1 and a Northeast corner of a 20' alley of said Addition, and
continuing same course, at appmx 160', passing a Northwest cornier of said alley and the Northeast comer of Lot 12
of said Block 14 of said Addition, and continuing same course, in all, a distance of 310.885', to a'fa" rdW (set) for a
cornea in a West Line of South Main Street, sun being the Northwest corner of Lot 12 of said Block 14 of said
Addition;
Thence N 00' 48'05" E with an East Line of said South Main Sheet and with the West Line of this portion of ad
Pacific Avenue, a distance 80.000', to a rebar (set) for a corner, saute being the Southwest corner of Lot 7 of said
Block 5;
Thence N 90'00'0(r E with allorth Line of said Pacific Avumne and with the South Line of said Lot 7, at appmx
150', passing the Southeast comer of said Lot 7 and a Southwest corner of a 20' alley of said Addition, and
continuing same course, at approx.170', passing a Southeast comer of said alley and the Southwest corner of Lot 6
of said Block 5 of said Addition, and continuing same course, in all, a distance of 309.766', to the Place of
Bagbrning and containing. 0.570 acre of land.
SAYE & BXCEPT a.151 wlde_e►=wwd udit easeunrentfor the cfiv afPs rk wwhrr
All that certain tract or parcel of land situated within the Corporate Limits of the City of Paris, in Lamar County,
Texas; part of the Larkin Rattan Survey, Abstract No. 778, and being a part of the culled Paafic Avenue (80' wide
Sued) of the Texas and Pacific Railway Company Addition to the City of Paris as shown on the Plat of said
Addition filed in Volume 53, Page 445. of the Dead Records of said County, and being more particularly described
as follows, to wit:
Begnusing at a 1/2" iron pun (ser) for a corner in a West Line of South Church Street (formerly Ryan Streit), same
being 10.581' South from the Southeast corner of Lot 6 of Block 5 of said Addition;
Thence S 00° 00' 00" E with a West Line of said South (hmoh Street and an East Line of said Pacific Avenue, a
distance 15.002', to a %" him pin (set) for a comer, some being 54.417' North of the Northeast comer of Lot 1 of
Block 14 of said Addition
Thence S 99'02'23"E over said Pacific Avenue, a distance of 310.240', to a W iron pin (set) far a comer in a
West Lice of South Main Street, same being N 00' 48'05" E, a distance of 49.214' 8+om the Northwest comer of
Lot 12 of said Block 14 of said Addition;
Thence N 00' 48'05" E with an East Line of said South Main Street and a West Line of said Pacific Avenue, a
distance 15.007', to a %" iron pin (sant) for a comcar, same being S 00` 48'05" W from the Southwest comer of Lot 7
of said Block 5;
Thence N 89' 02'23E over said Pacific Avenue, a distance of 310.030', to the Place offtfindng and containing
0.107 acre of land
The bearings recited herein are based upon the Plat call of the East-West Lines of said Addition, being S 90°
00' 00" E. This desk was prepared finm an actual survey made on the ground and under my supervision, with
Held notes completed February 14, 2020.
OF T
March 31, 2020
� LL J, MOORE
Wendell jl (;2e' 5723
RegisteredProfessronal
Land Snveyor No. 5723
loft
Hansen —Moore Surveying, 1015 Cannon Place, Paris, Texas, 75462 (903) 784-4245 Ph.
All that certain tract or pared of land situated within the Cozaorate Limits of the City of Paris, in 1.amw
CounitN Texas; part of the Lwn Rattan Survey, Abstract No. 778, and being a part of the called Pacific
.Avenue (80' wide Street) of the "Texas and Pacific Railway Company Addition to the City of Paris as
shown on the Plat of said Addition filed in Volar= 53, Page 445, of the Deed Records of said County,
and being more particularly described as follows, to wit:
ig#nnang ata 1/2"' iron pin (set) fox a corner in a Nest Lune of South Church Street (formerlyRyan
Street), sante being 10,581' South from the Southeast corner of Lot b of Block 5 of said Addition;
Thence S 00' 00' 00" E with a West Line of said South C%In Street and an East mine of said Pacific
.Avenue, a distance 15:002', to a %2" iron pin (set) for a co-ner, same being 54.417' Nord. of the Northeast
corner of Lot 1 of Block 14 of said Addition;
Thence S 89' 02' 23" E over said Pacific Avenue, a distance of 310.240', to a 1/2" iron pin (set) for a
wmer in a West Lime of South Iain Strect, same being 1' 00° 48' 05" E, a distance of 49.214' firom the
Northwest corner of Lt 12 of said Block 14 of said .Addition;
Tlience 1N 00° 48' tis" E with an East Line of said Soma Mhu n Street and a'4J4iest Line �f said Paeific
Averme, a distance 15; 007', to a W' iron pin (set) for a cornea, same being S 00' 48' 05" W fium the
Southwest comer of Lot 7 of'said Block 5;
Thence N 89' 02' 23'E over said Pacific Avenue, a distance of 310:030', to the Mace of B3egi ni'ng and
containing 0.10'7 acre of land.
The bearhw recited herein ars based upon the flat call of the Ent -West Lines of said Addition,
I
rcing S 90' 00' 00" E. This description was prepared from an actual survey made on the ground and
under my supervision, with field notes completed February 14, 2020.
February 14, 2020
Wendell d_ M66jre
Registered Professional
Land Surveyor No. 5723
Hmsen Moore SMT6YjU& 1015 canwn Place, Pads,Texap, 7W2 (903) 7&1--4245 Ph
OF
A�:'��STE S 4
WENDiLL 5" ii ORE
.5723 $
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'A, Plat and Field Notes from a survey of a 0,107 acre tract Of lard out ofthe Larkin Rattan Survey, Abstract No. 778, in Lamar County, Texas,
Lot 7 Lot 6
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easement for the ofty s
— — — — — — — — — — — — — — — —
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Lot 12
Lot I
LI S 000W E 16.002'
AIT 1p!� an L2 N 00*41TWE 15,007'
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DRAFT
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AUTHORIZING THE EXECUTION OF A DEED OF ABANDONMENT TO THE
ADJACENT PROPERTY OWNER OF A 310 FOOT PORTION OF AN
UNDEVELOPED STREET CALLED PACIFIC AVENUE LOCATED BETWEEN
SOUTH MAIN STREET AND SOUTH CHURCH STREET WITH THE CITY
RETAINING A SANITARY SEWER LINE RIGHT-OF-WAY EASEMENT; AND
A 20 FOOT ALLEY RUNNING NORTH AND SOUTH BETWEEN BLOCK 5,
EAST SIDE LOTS 5 AND 6 AND WEST SIDE LOTS 7 AND 8 AND BLOCK 14
WEST SIDE LOTS 1 AND 2 AND EAST SIDE LOTS 11 AND 12 ABANDONED
BY ORDINANCE NO. 2020- ; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, it has been brought to the attention of the City Council of the City of
Paris, Texas that a 310 section of an undeveloped street called Pacific Avenue located
between South Main Street and South Church Street and a 20 foot alley running north and
south between Block 5, east side Lots 5 and 6 and west side Lots 7 and 8 and Block 14 west
side Lots 1 and 2 and east side Lots 11 and 12, in the city of Paris, Texas, described more
fully in a deed of abandonment (Exhibit A) attached hereto and incorporated by reference
as if fully set forth herein, are of no use as a street or alley to the City of Paris or its citizens,
and the City Council so finds; and
WHEREAS, the City Council, by prior Ordinance No. 2020-_ adopted April 13,
2020, has authorized the City to abandon the City's interest in the aforesaid street and alley
subject to the retention by the city of a 310.030 foot by 15 foot sanitary sewer utility
easement; and
WHEREAS, having abandoned said portion of street and alley, the City Council finds
it in the best interest of the citizens of the City of Paris to authorize the Mayor to execute
the Deed of Abandonment attached hereto and incorporated herein by reference in favor of
Clint and Anna Upchurch, owners of the adjacent property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
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 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.
PASSED AND APPROVED this 13th day of April, 2020.
Steven J. Clifford, M.D., Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney
DEED OF ABANDONMENT
STATE OF TEXAS }
} KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR }
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. 2020- 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 Clint and Anna Upchurch 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 Clint
and Anna Upchurch of the County of Lamar, State of Texas, whose mailing
address is 1490 South Church 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 Texas and Pacific Railway
Company Addition and being more particularly described as follows:
Paci c Aven ue
All that certain tract or parcel of land situated within the Corporate
Limits of the City of Paris, in Lamar County, Texas; part of the Larkin Rattan
Survey, Abstract No. 778, and being a part of the called Pacific Avenue (80' wide
Street) of the Texas and Pacific Railway Company Addition to the City of Paris as
shown on the Plat of said Addition filed in Volume 53, Page 445, of the Deed
Records of said County, and being more particularly described as follows, to wit:
Beginning at a 1/2" rebar (set) for a corner in a West Line of South Church Street
(formerly Ryan Street), same being the Southeast corner of Lot 6 of Block 5 of
said Addition;
Thence S 00° 00'00" E with a West Line of said South Church Street and an East
Line of this portion of said Pacific Avenue, a distance 80.000', to a 1/2" rebar (set)
for a corner, same being the Northeast corner of Lot 1 of Block 14 of said
Addition;
Thence S 89° 59' 55" W with a South Line of said Pacific Avenue and with the
North Line of said Lot 1, at approx. 140', passing the Northwest corner of a 20'
alley of said Addition, and continuing same course, at approx. 160', passing a
Northwest corner of said alley and the Northeast corner of Lot 12 of said Block
14 of said Addition, and continuing same course, in all, a distance of 310.885', to
a 1/2' rebar (set) for a corner in a West Line of South Main Street, same being the
Northwest corner of Lot 12 of said Block 14 of said Addition;
Thence N 00° 48' 05" E with an East Line of said South Main Street and with the
West Line of this portion of said Pacific Avenue, a distance 80.000', to a 1/2"
rebar (set) for a corner, same being the Southwest corner of Lot 7 of said Block
5;
Thence N 90° 00' 00" E with a North Line of said Pacific Avenue and with the
South Line of said Lot, at approx. 150', passing the Southeast corner of said Lot 7
and a Southwest corner of a 20' alley of said Addition, and continuing same
course, at approx.. 170', passing a Southeast corner of said alley and the
Southwest corner of Lot 6 of said Block 5 of said Addition, and continuing same
course, in all, a distance of 309.766', to the Place of Beginning and containing
0.570 acre of land.
SAVE & EXCEPT a 1S' wide permanent utility easement for the f(y o "Paris
sewer as incorporated by re erence and attached hgreto.-
Allev Abandonment
ALLEY DESCRIPTION 1: BLOCK 5 OF TEXAS AND PACIFIC RAILWAY COMPANY
ADDITION
Beginning at a point on the north boundary line of Pacific Avenue, also being
the southwest corner of Lot 6, Block 5 of the Texas and Pacific Railway Company
Addition;
THENCE West along the north boundary line of Pacific Avenue a distance of 20
feet to a point for corner also being the southeast corner of Lot 7, Block 5;
THENCE North a distance of 100 feet to a point for corner also being the
northeast corner of Lot 8, Block 5;
THENCE East a distance of 20 feet to cross the alley right-of-way to a point for
corner also being the northwest corner of Lot 5, Block 5;
THENCE South a distance of 100 feet along the west property lines of Lots 5 and
6 to the place of beginning at the southwest corner of Lot 6, and containing
2,000 square feet.
ALLEY DESCRIPTION 2: BLOCK 14 OF TEXAS AND PACIFIC RAILWAY COMPANY
ADDITION
Beginning at a point on the south boundary line of Pacific Avenue, also being the
northwest corner of Lot 1, Block 14 of the Texas and Pacific Railway Company
Addition;
Thence West along the north boundary line of Pacific Avenue a distance of 20
feet to a point for corner also being the northeast corner of Lot 12, Block 14;
Thence South a distance of 100 feet to a point for corner also being the
southeast corner of Lot 11, Block 14;
Thence East a distance of 20 feet to cross the alley right-of-way to a point for
corner also being the southwest corner of Lot 2, Block 14;
Thence North a distance of 100 feet along the west property lines of Lots 1 and
2 to the place of beginning at the northwest corner of Lot 1, Block 14, and
containing 2,000 square feet.
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 Clint and Anna Upchurch, their 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 the City of Paris,
Texas, 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 13th day of April, 2020.
Steven J. Clifford, M.D., Mayor
ATTEST:
Janice Ellis, City Clerk
THE STATE OF TEXAS }
COUNTY OF LAMAR }
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.
2020.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 13th day of April,
Notary Public, State of Texas