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2024-018 - Denying a Petition to Disannex 31.774 acre tract located at 660 and 680 CR 32900RESOLUTION NO. 2024-018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, DENYING A PETITION TO DISANNEX A 31.774 ACRE TRACT OF LAND LOCATED AT 660 AND 680 CR 32900 WITHIN OF THE CITY LIMITS OF THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the city staff has presented to the City Council an application brought by Brandon and Kara Bond for disannexation of property owned by them and currently located within the City Limits of the City of Paris, said property being a 31.774 acre tract of land located at 660 and 680 CR 32900 (LCAD Parcels 50055 and 50056); and, WHEREAS, this is the second application for disannexation that the applicants have submitted as to this property, the first having been denied by the City Council on May 24, 2021 by Resolution No. 2021-016; and WHEREAS, the applicants have not alleged any material changes of circumstances related to this property since that time; and WHEREAS, the City Council finds that the petition does not meet the criteria for disannexation in the City of Paris annexation policies, and furthermore, disannexation of said property would create a keyhole within the city limits which would not be in the public interest as required by Texas Local Government Code Section 43.057. 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 City Council finds that the petition of Brandon and Kara Bond to disannex a 31.774 acre tract of land located at 660 and 680 CR 32900, being more specifically described in Exhibit A attached hereto and for all purposes incorporated herein, does not meet the criteria for disannexation in the City of Paris annexation policies, and furthermore, disannexation of said property would create a keyhole within the city limits which would not be in the public interest as required by Texas Local Government Code Section 43.057. Section 3. That the petition for disannexation is inconsistent with the city's comprehensive plan. Section 4. That given the above findings, the City Council of the City of Paris, Texas hereby denies the petition of Randy and Kara Bond to disannex a 31.774 acre tract of land located at 660 and 680 CR 32900, being more specifically described in Exhibit A attached hereto and for all purposes incorporated herein. Section 5. That this resolution shall become effective immediately upon its passage. PASSED AND APPROVED this 26th day of February, 2024. �Xk, I i i I u„+,� �'ot CI TYDFA�' ATTEST: 0 9N ,lice Ellis, City Clerk ........... 'S pgRlS Ttl`P �1 ROVVJED AS T FORM: r ' to hanie H. Harris, City Attorney R,- , B. Hughes, Mayor ,, �'� fMi:�Y1761 162784-Z01! Pa 3 RL 06/24/2019 03:11:04 PM By: Julian Lagar County, TX Ruth Simeon - Cant Clark II�� (STATE OF TEXAS) (COUNTY OF LAMAR) KNOW ALL MEN BY THESE PRESENTS: THAT the undersigned, the present legal and equitable owner and holder of that Certain Promissory Note in the original principal sum of SIXTY-FIVE THOUGSAND SIX HUNDRED AND N0/100 Dollars (U.S. $65,600.00) and executed by BRANDON BOND. Borrower is joined by KARA BOND, HIS WIFE dated JUNE 3, 2016. Payable to the order of TEXAR FEDERAL CREDIT UNION F/K/A TEACHERS CREDIT UNION more fully described in a Deed of Trust of even date therewith executed by BRANDON BOND. Borrower is joined by KARA BOND, HIS WIFE in favor of TEXAR FEDERAL CREDIT UNION F/KIA TEACHERS CREDIT UNION duly recorded in the Real. Records of Bowie County, Texas, INSTRUMENT NUMBER 133871-2016 and said note being secured and instrument against the following described property in said Bowie County, Texas, to wit: "SEE EXHIBIT A" for and in consideration of the fill and final payment of all indebtedness secured by the a foresail lien or liens, the receipt of which is hereby acknowledged, has RELEASED and DISCHARGED, and by these presents hereby RELEASES AND DISCHARGES, the above described property from all liens held by the undersigned securing said indebtedness. EXECUTED this 18"' day of JUNE,2019, TEXAR FEDERAL CREDIT UNION BY rte= Printed Name: BRAS CRITTENDEN Title: REAL ESTATE REPRESENTATIVE EXHIBIT A On this day, before me personally appeared BRAD -........,C, �,,,,_, ,EN, to me well known, wh-aclmowleiiged.that,sheis theREAL E ESTATE RE11RSENTATIVE of TEXAR FEDERAL CREDIT UNION a bankingcore oratio and the as such officer being duly authorized so to do, has executed the foregoing instrument for the purposes therein contained, by signing the name of the corporation by themselves as such officers. VMNESS my hand and official seal this EXECUTED this 18" day of JUNE 2019. Notary Public, Be County, "4 eters• Printed Name: Ciny Forbes io an +a�soaeee My Commission Expires: 03/3/2022 Prepared By TEXAR Federal Credit Union 2301 Richmond Road Texarkana TX 75503 EXHIBIT,.A "EMBIT A" TRANSFER OF RIGHTS IN THE PROPERTY repaymentoftheLam4andallrenewals, extensions andmodifioationsoftheNote; This security lastrumentsecurestoLeader: (1) the and the Note. For and (n) the parbumance of Borrower's covenants ants agrxmanunderof this .bed ProP�S, Yom.ted in the Real Borrower irrevocably grants and conveys to Trustee, trust, with property Records of Lamer County, Texsk Being 31.774 acres of land, more or less, apart ofthe Thomas Asking Survey, AbstractNumber 6, lying and being situated on the South side of Coumty goad 32900 in Law County, Texas. The said 31.774 acre tract being the remainder of a called 29.99 acre tract convVy ed in a Deed from the Veterans Lend Board of the State of Texas to David WalterDaniel, dated July 11, 2003 of record in Volume 1361, Page 36 in tie OfficialPublic Records ofLsmar County, Texas. The said 31.774 acre tract also being the remainder of a called 26.6765 acre tract conveyed in a Warranty Deed from Vernon W. Daniel and wife, Lura G. Daniel, to David Walker Daniel, dated August 29,1989 ofmcord in Volume 107, Page 200 in the Real Property Records of Lamar County, Texas. The said 31.774 acre tract being described more particularly by metes and bounds as follows: Commencing at a 318" found iron rod at the Northwest comer of a tract conveyed to Royce Lee Cannon and wife, Linda Ruth Ballard Carman, in Volume 682, Page 334 in the Real Property Records of ismer County, Texas, the Northeast cc= ofa called 54.108 acre tract conveyed tcCharlesD. Baxter and wife, Kathy Baxter, inVolume 627, Page 241 to the Real propertyl;ecords of Lamar County, Texas and being in the South line of County Road 32900, Go N 89* 51129"B a distance of 198.10 fed to a 3/8 found iron rod in the South line of County Road 32900 at the Northeast corner ofthe referenced Carman tract and at the Northernmoat Northwest comer ofthe referenced 29.99 acre parent tract remainder, for the Point of Beginning and the Northernmost Northwest corner of this tract; Thence: N 89° 21'w, E with the South line of County Road 32900 a distance 351.75 feet to PL found Chain link fence comerposk forthe Nottheastcomerofthis tract, attheNorlheast corner ofthe rcfeaenced26.6765 note parent tract remainder and the Northwest corner of a called 1.012 acre tract conveyed to Ellawease Aliens Wydck in Doeument #121895-2015; Thence: S 01 ° 11' 24" E passing a found iron rod at the Southwest cornea of the referenced Wyriek tract at a distance of386.32 fed and continuing atotal distance of 2549.29 feotto a 54" found iron rod, for the Southeast comer of alis treat, at the Southeast corner ofthe referenced 26.6765 acre parent tract remainder, at the Southwest comer ofa called 22.896 acre tract conveyed to tratyLynn GOss and wife, Deborah Ann Goss, in Document#062803-2008 and being in the North line of a called 546.9 acre First trod conveyed to Luther C. Parr in Volume 361, Page 557 in the Decd Records of Lamar County, Taxes; Thence: N 89° 30' 13" W a distance of 602.98 feet to a 318" found iron rod, for the Southwest comer of aria tract, at the southwest corner ofthe referenced 29.99 acre parent tract remainder, in the North line ofthe referenced Parr ttaa and the Southeeal comer of trae feterenced Baxfet treat; Thence: NORTH (Reference Bearing) a distance of2103.82 fed to a'h" set iron rod, forthe WestemmostNorthwest comer ofthis tract, at the Northernmost Northwest corner of the referenced 29.99 acre parent tract remainder, in the Bast line of the referenced Baxter tract and the Southwest comer of the referenced Carman tract; Thence: N 88* 3716" E, a distance of 193:59 feet to a 3B" found iron rod, for the inside Northwest comer of this tract, the inside Northwest corner ofthe referenced 29.99 acre parent tract remainder and the Southeast comer of the referenced Carman tract; - Thence: N 00° 37' 16" E with -the Northernmost West line of the referenced 29.99 acre parent trail remainder a distance of 439.05 feet to the Point of Beginning containing 31.774 acres; which currently is located on: CR 32900, Paria, Texas 75460, ("Property"). EXHIBIT A GENERAL WARRANTY DEED ST 16-9'ln (Vendor's Lien Reserved and Asaigned to Third Party Lender) NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR SIRM ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Effective Date: June 3, 2016 Grantor: David Walter Daniel and Judy Daniel, husband and'wife Grantee: Brandon Bond and Kara Bond, husband. and wife Consideration: TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration, and the further considerdtiorr of the execution -arid delivery -by the Grantee of that one certain promissory note of even date herewith in the principal sum of $65,600.00, payable to the order of Texar Federal Credit Union, ("Lenider"), as therein specked, providing for acceleration of maturity and for attorney's fees, secured by the vendor's lien herein retained, and is additionally secured by a deed of trust of even date herewith to Kelly D. Mitchell, Trustee. Property: SEE THE ATTACHED IT "A" INCORPORATED HEREIN FOR ALL NECESSARY PURPOSES Reservations From and Exceptions to Conveyance and Warranty. This conveyance, however, is made and accepted subject to all outstanding mineral interest, restrictions, reservations, easements, covenants and conditions, relating to the herein above described property as now reflected by the records of the County Clerk of Lamar County, Texas. 133670-2016 Pages: 5 HD 06/03/2016 03:33:00 PM By: starlag LaMar County, TX Rum01111 T*,.,. nI,ICount IIA Clark �I SII III I� �I I. Easement to Lamar County Water Supply Corporation, recorded in Volume 549, Page 724, Lamar County Deed Records. 2. Easement and Right of Way to Texas power and Light Company, dated October 28,1944, recorded in Volume 274, Page 288, Lamar County Deed Records. 3. Right of Way to Lone Star Gas Company, dated October 4,1928, recorded in Volume 222, Page 407, Lamar County Deed Records. 4. Right of Way Easement to the City of Paris, dated April 17,1957, recorded in tam 357, Page 418, Lamar County Deed Reeords, 5. Right of Way Easement to Lamar County Water Supply District, dated June 18, 1970, recorded in Volume 514, Page 357, Lamar County Deed .Records. 6. Right of Way Easement to Lamar County Water Supply Corporation dated February 22, 1985, recorded in Volume 692, Page 82, Lamar County Deed Records. 7. Overhead power line, fences not on line, rights of others in and to ponds along Eastern boundary line, a40 all other matters as shown on survey by Mark L Sanderson, RPLS No. 4911, dated May 18, 2016. Grantor, for the consideration, receipt of which is acknowledged, and subject to the reservations from and exceptions to conveyance and warranty, grants, sells and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's heirs, executor, administrators, successors or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators and successors to warrant and forever defend all and singular the property to Grantee and Grantee's heirs, executors, administrators, successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty. But it is expressly agreed that the Vendor's Lien, as well as Superior Title in and to the above described premises, is retained against the above described property, premises and improvements until the above described note and all interest thereon are fully paid according to the face, tenor, effect and reading thereof, when this Deed shall become absolute. THAT, Lender, at the instance and request of the Grantee herein, having advanced and paid in cash to the Grantor herein that portion of the purchase price of the herein described property as is evidenced by the herein above described Note, the Vendor's Lien, together with the Superior Title to said property, is retained herein for the benefit of said Lender and the same are hereby TRANSFERRED AND ASSIGNED to said Lender, its successors and assigns. EXHIBIT A Payment of ad valorem taxes for the current year having been assumed by grantee. VKG1 A 0 1 This instrument was acknowledged before me on the Ludday of ,v 2016, by David Walter Daniel and Judy Daniel, husbandendwife. Notary Public, Sta'fe of Texas After Recording Return To: j �' ;7` EXHIBITmmA survey #2016-136 Bdasg. 31.774 acres of lend more or less, apart of the Thomas Askin s Surrey Abstract Number 6, lying and being situated on the Sou h side of County Road 32900 in Lemar County, Texas. The said 31.774 acre tract being the remainder of a called 29.99 sore tract conveyed in a Deed f amine Veterans Lend Board ofthe State Of Tees to David Waiter D81114 dated Atly 1I, 2003 of record in Volume 1361, Page 36 in die Official Public Records ofLamar County, Texas. The said 31.774 acro treat also being the remainder of a called 26.6765 acre tract conveyed in a Warranty Deed from Vernon W. Daniel, and wife Luca G Damd to David Walter DmA4 dated August 29, 1989 of record in, Volume 107, Page 200 in the Real Property records of Lamar County, Teems. The said 31.774 acre tract being described more particularly by metes and bounds as follows: Comrrrarchw at a 3/8" found iron nod at the Northwest corner of tract conveyed to Royce Lee Carron and wifq Linda Ruth Ballard Ceemon in Volume 682, Pap 334 in the Real Property Records of Lamar County, Tows, theNorthamt coma of a called 54.108 acre tract conveyed to Cbadw D. Baster and wife, Ka&y Baster in Volume 627, Page 241 in the Real Property Records of Lamer County, Teres and being inthe South line of Cguoty Road 32900, Go N 89'51'29;'E adistaaca of 198.10 feat to a 3/8 - found immrod tthe Soujh line of County Road 32900 at the Nortbeast comer of the referenced Cam cmtract and at the Nordan nostNortlrwest comer offfie rchrenced 29.99 acre Parent tract remainder, for the Point of Beginning and the Nm*em=st Nordwest comer of this tract Thence: N 89°21'04" E with the Sou$ line of County Road 32900 a distance 351.75 feet to a found Chain link fence comer post, for the Northeast comer ofthis tract, at the Nartbeast comer of the referenced 26.6765 acre pattmt tract remainder and tbo, Northwest comer of a called 1.012 acro fret conveyed to Ellawease Aliene Wyuok in Document # 121895-2015. Tkence: S 01*117.4" E passing a ifs^ found iron rod at the Southwest comer ofthe referenced Wydck tract at adistance of 386.32 feet and continuing a total distance of 2549.29 feat to a 34' found iron rod, far the Southeast comer of this trach at the Southeast comer of the raftwoed 26.6765 sure parent UM remainder, at the Soufhwast comer of a called 22.896 arae tract convoyed to Gary Lyzm Goss and wife Deborah Aim Goss in Document # 062803 2008 and being in'dw North line of a called 546.9 acre First tract camveyed to Lu dw C. Parr in Volume 361, Page 557 in the Deed Records of Lamar County, Texas. 2We=: N 89"30'l3" W a disteaco of 60298 feet to a3/8" found imIIrod, for the Southwest comm of this tract; at the Sounhivest comer of the referenced 29.99 acro parent treat ruder; in thallorth line ofthe referenced Paur haat andthe 3outheeat comer ofthe ret'ever ced Baxter tract. ZUnce: NORTH (Refierence Bearing) a distance of 2103.82 feet to a W set iron cod, for the We temtnost Na dbwest comer of this trao0 at the Nmthemmost NorHtwest comer ofthe referenced 2999 acre parent tract remainder, is the Heat line oftho rnferenced Baxter tract and the Southwest comer of the referenced C a momtraot EXHIBIT A EXHIBIT A Survey 0016-136 ZWencea N 88'37'16" E a distance of 193.59 feet to a3/8" found imn rod, for the ureide Northwest carwr oft & tract, the inside Northwest comer ofthe29.99 acre parent tract Wider and the Scu@u aril comer of the Cam mon tract Mama rearenced 29.99 amparent tact remainder a distance of 439.05 feet to the point of lieginaing Owtainint 31.774 soma. 1, Mark L. Sanderson Professions) Land Surveyor #4911, State of Tesns, do h—bY Certify the above wen taken &M is made upon the gm rmd on 511 8 12 0 1 6 and ere tme and coauct and there ase no visiole rioM.nF 4911