2020-017 - Deed of Abandonment - Pacific Avenue located between South Main and South Church Street - retaining a sanitary sewer line right-of-way easement and a 20 fooot alley Block 5 Lots 5 and 6 and East Side Lots 11 and 12 - Clint and Anna UpchurchRESOLUTION NO. 2020-017
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 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 ABANDONED BY
ORDINANCE NO. 2020- 015; 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. 2020-015 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
«iuuw�uraer
ATTEST:
J ice Ellis, City Clerk
APPROVED AS TO FORM:
Ste hatiie 11„ Harris, City Attorney
of April, 2020.
Ste* -,,h J. Clifforc , I.D., Mayor
M
DEE .,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-_217, 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:
ftc—ijicAyenme
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/a" 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 001 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 Y2" 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 Y2' 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 Y2"
rebar (set) for a corner, same being the Southwest corner of Lot 7 of said Block
5;
Thence N 901 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 ,15' wide. ermanent utlitym easement or the Cryo ' Parr
sewer s incororated byreerence„and attachedIThereto;
Alle 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.
CIT
o``: Q A99 Ste v t, Clifford., (.D., Mayor
ATTEST:
e 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,
DENENE JOHNSON
�PYpd°�
Notary Pubfic, State of Texas
9r., Comm. Expires 03-16-2023
Notary ID 126036216
_......
Notary Public, S .e of Texas