Loading...
2024-030 - Initiating the Disannexation process for four parcels of property - CR 22500 (LCAD 7112-113 & 70422-23)RESOLUTION NO. 2024-030 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, INITIATING THE DISANNEXATION PROCESS FOR FOUR PARCELS OF PROPERTY LOCATED ON OR AROUND COUNTY ROAD 22500 (LCAD#s 71112, 71113, 70422, AND 70423) WITHIN OF THE CITY LIMITS OF THE CITY OF PARIS AND SETTING PUBLIC HEARINGS REGARDING SAME; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the city staff has presented to the City Council a petition brought by the Nexus Renewable Power, LLC ("Nexus") on behalf of Robert Moore, the property owner, for disannexation of property he owns which is currently located within the city limits of the City of Paris, said property being four parcels of property located on or around County Road 22500, west of the City of Paris (LCAD#s 71112, 71113, 70422, and 70423), comprising approximately 291 acres; and, WHEREAS, the City Council wishes to initiate the disannexation process as set forth in Chapter 43 of the Texas Local Government Code with respect to said petition; 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 hereby initiates the process of disannexation as set forth in Texas Local Government Code Chapter 43 regarding the petition of Nexus Renewable Power, LLC ("Nexus") submitted on behalf of Robert Moore, the property owner, for disannexation of property he owns which is currently located within the City Limits of the City of Paris, said property being four parcels of property located on or around County Road 22500, west of the City of Paris (LCAD# 71112, 71113, 70422, and 70423), comprising approximately 291 acres, being more specifically described in Exhibit A attached hereto and for all purposes incorporated herein. Section 3. That the City Council hereby sets public hearings on the petition, as required by law, as follows: August 5, 2024 at 5:30 p.m. at the special meeting of the City Council August 12, 2024 at 5:30 p.m. at a regular meeting of the City Council Section 4. That the city shall publish notice of said public hearings in The Paris News on July 25, 2024. Section S. That the City Council will consider an ordinance disannexing the tract at its regular meeting on September 9, 2024. Section 6. That this resolution shall become effective immediately upon its passage. PASSED AND APPROVED this 24nd day of June, 2024. ; in= ATTEST: „..,.. T eVK nein► J i ce Ellis, City Clerk P O V D AS TO FORM: Step anie H. Harris, City Attorney Mihir Pa kaj, Mayor EXHIBIT A 194574-2022 WD Ruth Sisson, County Clerk - Lamar County, TX BY:STONE TITLE COMPANY, INC GENERAL WARRANTY DEED 22--1382$ (Vendor's Lien Reserved and Assigned to Third Party Leader) NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE 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 RE' CORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Effective Date: June ��2022 Grantor: Charles G. Dunagan, a single man Grantee: Robert L. Moore Consideration: TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration, and the further consideration of the execution and delivery by the Grantee of that one certain promissory note of even date herewith in the principal sum. of $300,000.00, payable to the order of Guaranty Bank & Trust, N.A., ("Lender"), as therein specified, 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 toti` _ Trustee. Property: SEE EXJMIT "A" ATTACHED HERETO 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 Cleric of Lamar County, Texas. 194574-2022 06/1612022 01:40:50 PM Page 2 of 6 194574-2022 Page 2 of 6 1. Right of Way Deed to the State of Texas dated July 2,1952, recorded in Volume 325, Page 501, Lamar County Deed Records. 2. Channel Easement to the State of Texas dated July 2, 1952, recorded in Volume 325, Page 500, Lamar County Deed Records. 3. Right of Way Deed to Gulf Colorado & Santa Fe Railway Company, dated October 23,1886, recorded in Volume 53, Page 71, Lamar County Deed Records. 4. Easement to Lamar County Water Control and Improvement District#1 dated March 3, 1959, recorded in Volume 356, Page 499, Lamar County Deed Records. 5. Easement and Right of Way to Texas Power and Light Company of Dallas, Texas dated March 8, 1961, recorded in Volume 374, Page 231, Lamar County Deed Records. 6. Easement to Lamar County Water Control and Improvement District #1 Auds Creels, dated February Z5, 1963, recorded in Volume 398, Page 70, Lamar County Deed Records. 7. Boundary Agreement between Grace Dunagan and Kimberly-Clark Corporation dated November 30,1982, recorded in Volume 651, Page 680, Lamar County Deed Records. 8. Easement and Right of Way to Texas Power and Light Company of.Dalles, Texas dated April 25, 1975, recorded in Volume 568, Page 578, Lamar County Beed Records. 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 Grantors 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 194574-2022 06/1512022 01:40:50 PM Page 3 of 6 194574-2022 Page 3 of 6 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. Payment of ad valorem taxes for the current year having been assumed by grantee. When the context requires, singular nouns and pronouns include the plural. Char es G. Dunagan 194574-2022 06/15/2022 01:40:50 PM 194574-2022 Page 4 of 6 ACKNOWLEDGMENT COUNTY OF LAMAR This instrument was acknowledged before me on the day of _�L_, 2022, by Charles G. ©unagan. AmaensdNauvPosey NoIKY Pabio, Sae oflT6 ,e�xts Notry��4 1D 13M733-2 After Recording Return To: &-eyy �IICIU-- o Cry Public, State o4xaa Page 4 of 6 194574-2022 06/15/2022 01:40:50 PM Page 5 of 6 194574-2022 Page 5 of 6 ¢n 6 �r-f• t� �ar� a,9 -7 pin l2obar3• Fvlmwr^� e VV t%J 4,s. --I At. �i o�06' 111.33; ZS' 14 law a V,0 > 06. A � �'RSti s4�s, S� o�DO `} W ' A%-fH]/TA C SER " 0 pin l2obar3• Fvlmwr^� e VV t%J 4,s. --I At. �i o�06' 111.33; ZS' 14 law a V,0 > 06. A � �'RSti s4�s, S� o�DO `} W ' A%-fH]/TA 194574-2022 06/15/2022 01:40:50 PM Page 6 of 6 194674-2022 Page 6 of 6 Field Notes Being all that certain tract of land situated in the City of Paris, Lamar County, Toxas, a part of the Lemuel Ewer Survey, Abstract No. 313, the M, E. R and P. R. R. Survey, Section No. 37, Abstract No. 637, including the 177.44 acre tract In said M. E, P. and P R. R. Survey and the 15 acre tract in the Ewer Survey conveyed to G. Q. Dunagan by Partition Deed between Oscar and May Belle Dunagan, G. O, and Bertha Dungan and Etta Richie as pant ofthe Second Part recorded in Volume 223, Page 588 of the Lamar County Deed Records and being further described as follows: Beginning at a 1/2" iron pits found for corner; the Northeast corner of said 177.44 acres; Thence South with the East line of said 177.44 acres and the West Ike of Tract 11 conveyed to Kimberly Clark Corporation by deed recorded in Volume 647, Page 239 of the Lamar County Deed Records a distance of 944.58 feet to a 1/2" iron pin found for corner (capped Chaney 4057), the Northwest corner of said 15.0 acres; Thence North 89146" East w1th South line of said Khnberly Clark Tract H and the North lute of said 15 acres a distance of 1249.14 feet to a found wood fence corner in the West line of F. M. Highway No. 137; Thence South 34°59' West with said West line a distance of 506.35 feet to a 1/2" Ironpin set for corner (capped Chaney 4057) In the intersection with the North line of the former G. C. and S. R Railroad; Thence South 67°27' West with said North line a distance of 5195.24 feet to a 1/2" iron pin set for corner (capped Chaney 4057}, the Southwest corner of said 177,44 acres; Thence North 1°55117" East with the West line of'said 177.44 acres and the Bast line of a 160.328 acre tract conveyed to Robert Moore by deed recorded as Lamar County Document No. 1 SOOS9-2021 a distance of 1913.97 feet to a found 3" steel fence corner, the Westerly Northwest corner of said 177.44 acres; Thence East with the North line of said 1.77.44 acres Rind the South: line of said 160.328 acres a distance of 1372.47 feet to a 112" iron pin sot for corner (capped Chaney 4057); Thence North 0*00 West with'the West line of said 177.44 acres and the East line of said 160.328 acres a distance of 1433.75 feet to a Vr' iron pin found for corner, the Northerly Northwest corner of said 177,44 acres; Thence East (basis of bearing per North #ine 177.44 acres Vol. 223, Pg. 588 Lamar County Deed Records) with said North line and the South line of a 231.7 acre tract conveyed to Kimberly Clalk Corporation by deed recorded in Volume 647, Page 249 of the Lamar Couaty Deed Records a distance of 2405.09 Peet to the point of beginning and containing 190,878 acres of land R, R. Brandon Chaney, Registered professional Land Surveyor No. 4057, Std of Texas, state that the above Plat and Field Notes depict and represent an actual Survey m fin£ end under my supervision and ilnished 1 t�,o� , 2,022• ;��;► >F,� R. Bran on Chan y 3.P.L S. No. 4 .............................. Chaney Flagineering, Inc. 903-7 - 3 Firm No. 10153700y`.Et��E %�!{ Job No, 106May22 2. o-9 z EXH)BITA 0 o iL.�a�a4P%le% ta.%%PAf1$gt tw+Ja+..rr. e% r*s ss+.tw t:,.te u Mut tit bs .t th�f4 at ta.� w sw. a lo, Pei .e Of, ►+w.�r �a.n ar..,tIt r we�.r � ww.re a� it e B 'a" PAt� ► rl +r.+ .a,.+we ti V1 ® jaw" s w sr Oer ester f. v'i �e w.i r �.l .t r t+rss N fret - ��i. fr�s9 ��.. "a Prt>r . '. Owl wwls .t low ., ;64�ftoft.WtOl ®V., seat Java d d a9ysd .t tert�.sA5%ox 4 � & 7faMt JA d tiq � � tu.riai h ,st iM6 Psi. JaJ..t a.sa felt !`P%s= islud AwA ry !O. at' 0ti bw %roil WA boadwf um sr sw =d %ill M tell%.. Ram i•�l�e_r ad f e.i of riot t j"t b i 1` PEA i. ttar flab lowdoy Uw d. � at " miff; i.M !t tylp/ elN� W tYA� p. i�Oltl. !; p d.t f1at.li k M6 � sop 0t A" t}sd Oi N W I Ofth Ltd .tut i b e to .1 � 7rei M a %.R � �� � a t><w • 141st of 6d at . G► r 1i- rlPlrt Pw NuK 1544 LA a dr%*w d to&,X t..t as a s MOOMM NNW ori p y ip.et 1.e{; p un too d aero Ann a 6 PomL ri at on %biA1bi% earnest dLIM SW WAS M= oft -W4 SSL/ i ft bob %fit w ad ®tnitsv al 6bm 4.�fa"�:d1Me Pb�tK wad f' �'P � tAww iM r! Nta.M+f� t9bw+t a wm.w JOE *Fs t ���rs� N �r'�•r f% IYt Mrrse.t AKt *4 mr fdt s ellereAq ° to 1ar�irty.Ori +Crp.r. dtlia►de to '* +dwr no, l�.%talatyety. at am wref %axR as tr+ ts%5r %s>< �% ill sYstad ass b %1� RPh C4 Mr �rssi an a Paul 60% ori ore wmw ` �K Sall ,=seas .t a= si asm bad bw sS..a d b '� p bad y �y riser sf iri% . a" 74= Owl wmriS +bt 7t.�7 eb. Mt . AK ®Rwa J. i4s r! d ft*mota rilk a + d +arrt..t 7ii77 %.. k.. Par it aw d1r.rRir M rill dr.. ata at leer OM a .a... i.oetr atrprar%...ar tv.ei .salt Isaa. ;1. Of sr++ aha as f°%i rr1 aw a..l !1 PAX C* -5 ar 1w Pon e" as s i Cir at aw SWAMd wwr %tis` Wt aAw; .t I ttxAa Mil M . .. 4 i1ae.P.t s.=1 = FEE! itis . *A.— a, two Aeri a.. 7%' A. able it saear.aP d wwryd saw a wt! iw.a st S% %red d . 31i1Arast aeaer .f fylt AIr'Mldrl�ar�P,j %riJ1 � � es s.aer st f+Pf Os.iuPw 9JR i rife W '. uewrrwsiw.l+r.,►.`'�. e • . d we at 96 kr off" swwv a" ^W.wIb —Of7 . t %tPrlf% Ai ary LirM+ibearit t-oor 9—*14*4 ?8M . %a♦awir/ itGia[% .wu si lase asSPlia.is .yMWl it ► aet•Tt� 11/x. ta=b to il.tis %ir%lq e SRA iP•.w w iR.,p'.IIIPat.t K {��pr%�gaa m Almit a 4%k �q•wfi. at *a 4rer4l �• l . .fa &a 1114 &*f W a7 Owmpwre�� �w. MOift laYl�A td ��i M` `r