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2020-015 - Abandoning 310 foot section of Pacific Avenue between South Main Street and South Church Street with retaining a Sanitary Sewer Line Right-of-Way Easement and a 20 foot alley - Clint and Anna UpchurchORDINANCE NO. 2020-015 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 13th 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 Exhibit A, 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 i „0 0� tiy HEE'Clpf' ff,,O � r" ;y "IR Steve ClifforV , D., Mayor ATTEST: = OF''"'° p ° nice Ellis, City Clerk PPROVED 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. 4M -0 -- OL a c 4_v All that certain tract or panel 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 Dead Records of said County, and being more particularly described as follows, to wit: Bing at a U2" rebar (set) for a corner in a West Line of South Church Street (formerly Ryan Sum), same bang the Southeast comer 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 rebar (set) for a corner, same being the Northeast comer of Lot 1 of Block 14 of said Addition; Thence S 89" 59'55" W with a Somh Line of said Pacific Ave = and with the North Line of said Lot 1, at approx. 140', passing the Northwest corner of said Lot 1 and a Northeast comer of a 20' alley of said Addition, and eontimuing same course, at approx.160', passing a Northwest comer of said alley and the Northeast corner of Lot 12 of said Black 14 of said Addition, and continuing same course, in all, a distance of 310,885', to a W rebar (set) for a corm in a West Line of South Main Stmt, same being the Northwest corner of Lot 12 of said Black 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 9T rebar (set) for a corn; same; being the Southwest corner of Int 7 of said Block 5; Thence N 90° 00'0(r E with a North Line of said Pacific Avenue and with the South Line of said Lot 7, at approx. 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 aft and the Southwest comer of Lot 6 of said Block 5 of said Addition, and continuing same course, in all, a distance of 309.766', to the Pr im of fthu ng and containing 0.570 acre of land. UVE & EXCEPT a 15' wide aesumKeat udilty ewe wad for rhe Ch of1urls server, as tollom All that certain tract or panel of land site ared, within the Corporate Limits of the (Sty of Paris, in Lamar County, Texas; part of the Iarlin Rattan Survey, Abstract No. 778, and being a part of the called Pacific Avenme (80' wide Street) of the Tema 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 bang more particularly described as follows, to wit: Begiuniag at a 1!2" iron pin (set) for a corner in a West Line of South Church Street (formerly Ryan Street), same being 10.581' South from the Southeast comer of Lot 6 of Black 5 of said Addition; Thence S 00' 00'0(r E with a West Line of said South Church Street and an East Line of said Pacific Avenue, a distance 15.002', to a imn pin (set) for a comer, same being 54.417' North of the Northeast corer 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 h iro rt pin (set) for a comer in a West Line of South Main Street•, seine being N 00' 48' 05" E, a distance of 49.214' from the Northwest comer of Lot 12 of said Block 14 of said Addition; Thence N 00' 48'05" E with an Fast Line of said South Main Street and a West Line of said Pacific Avenue, a distance 15.007', to a W iron pin (act) for a corner, same being S 00' 48' 05" W from the Southwest corner of Lot 7 of said Block 5; Thence N 89° 02' 23E over said Pacific Avemhe, a distance of 310.030', to the Place ofBegbwbig and containing 0.107 acre of land The bearings recited heron are based upon the Plat call of the East-West Lines of said Addition, bang S 90' 00'W" E. This description was prepared from an actual survey made on the ground and under my supervision, with field notes completed February 14, 2020. OF TF�'~� m, N1anh 31 2020 ��P STFgF WendellJ.M , � .....u..J:nHooae q 572 Registered PtofesBlOne1 (• DOFf551o�s r Land Surveyor No. 5723 9Na SUR�y®�� loft Hansen—Moore Surveying, 1015 (snood Place, Paris, Texas, 75462 (903) 7844245 Ph. and being more particularly described as follows, to wit, I �M'JMMMI Thence S 00® 00' 00" E with a West Line of said South Church Street and an East Line of said Pacific Avenue, a distance 15.002', to a Va" it pin (set) for a comer, same being 54.417' No of the Northeast comer of Lot I of Block 14 of said Addition; Thence S 89* 02' 23" E over said Pacific Avenue, a distance of 310.240', to a Y2" iron pin (set) for a cornei in a West Line of South Main Stizvet, saw being N 0® 48' 05" E, a distance of 49.214' from the Norah weatcomer of Lot 12 of said Block 14 of said Addition; Thence N 00' 48`05" E with an Fmst Line of said South MaimuStrect and a'West Line, of said Pacific Avenue, a distance 15.007', -to a V27' it pin (sd) for a comerl sone being S 00' 48' 05" W from the Southwest corner of Lot 7 of said Block 5; Thence N 89* 02' 23'E over said Pacific Avenue, a distance of 310.030', to ift Place ofBeginning and containing 0.107 acre of larA The bearings recited herein are based upon the Plat caU of the East-West: Lines of said Addition, being S 90' 00" 00" E. This description was prepared from an actual swey made on the ground and under mysupemsion, with field notes completed February 14, 2020. February 14, 2020 Wendell I Mobre Registered Professional Land Surveyor No. 5723 I of 2 Mason — Moore Surveying, 1415 Cannon Place, Paris, Tex&% 75462 (903) 784-4245 Ph" MAI'/ IVFrIl? r Z1111,11 1111111irt, RX) M (n 2 IOU,, mm WayfelFway MU �g �-I = r SOUDY CTIM(Yz 1771,4711 1,711, (Ibmiedy Ryan S et) i M (n IOU,, mm WayfelFway fl PI �g �-I = r SOUDY CTIM(Yz 1771,4711 1,711, (Ibmiedy Ryan S et) i