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10 Motion to abandon a 15 ft wide by 100 ft. long utility easementCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 4-21-2008 Engineering 41 Shawn Napier, P.E. City Engineer 10 Council Date: /Director of Public Works 4-28-2008 RECOMMENDED MOTION: Motion to abandon a 15-foot wide by 100-foot long utility easement on property owned by Thomas J. Whitten in the Oak Creek Business Park # 1, Lot 3, in the 2600 block of NE Loop 286. POLICY ISSUE(S~: Abandonment of an easement. BACKGROUND: We have received a letter from Mr. Whitten requesting to abandon the easement mentioned above. The reason Mr. Whitten wants the easement abandoned is because he is trying to sell the property and the building has been built over a small portion of the easement. The exiting easement contains only a private sewer service which is not maintained by the City of Paris, therefore we do not need to show this in a public utility easement. The other franchise utilities have no services or lines within the easement. We have contacted ATMOS, AT&T, Lamar Electric Cooperative, Oncor and Suddenlink. None of them have any objections to abandoning the utility easement. A legal description of the easement is included in your packet along with the map showing the location of the easement. BOARD/COMMISSION RECOMMENDATION: EXHIBITS: Resolution, letter from Mr. Whitten, easement description and map showing the easement location ACTION: BUDGET INFO: NSA ^ Financial Report ^ Minute Order Expense $ ^ Department Report ®Resolution Budgeted Amt. $ ^ Presentation ^ Ordinance YTD Actual $ ^ Public Hearing ^ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: ® Administration ®City Clerk ^ Community Development ^ EMS/IT ^ Finance ^ Fire Munici al Court Le al Libta Police En .Public Works Utilities City of Paris r ~ Revised 2/04/08 Uf~~~~ DRAFT attorney\reswork\current\Oak Creek Easement Abandonment Res 2008 Apri18,2008 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE EXECUTION OF AN EASEMENT ABANDONMENT OF A 15' BY 100' UTILITY EASEMENT LOCATED ON LOT 3, OF THE OAK CREEK BUSINESS PARK NO. 1 TO THOMAS J. WHITTEN, OWNER OF THE ADJACENT PROPERTY; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Paris has received a letter from Thomas J. Whitten requesting the abandonment of a 15' by 100' utility easement located in Lot 3 of the Oak Creek Business Park No. 1 as described on Exhibit A attached hereto; and, WHEREAS, it has been determined by City staff that no utilities are located in this easement and that said easement serves no purpose to the City of Paris and should be abandoned; and, WHEREAS, it is deemed appropriate that this easement be abandoned and the City Manager of the City of Paris should be authorized to execute the Easement Abandonment in the form attached hereto as Exhibit A and the same should be approved. 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 15' by 100' utility easement located on Lot 3 of the Oak Park Business Park No. 1 be, and the same is hereby abandoned and conveyed to Thomas J. Whitten, owner of the surrounding property, and the City Manager of the City of Paris, be, and he is hereby authorized and directed to execute, on behalf of the City of Paris, the Easement Abandonment attached hereto as Exhibit A. Section 4. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 28th day of April, 2008. Jesse James Freelen, Mayor ~~t~4:; ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney 004E EASEMENT 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. 2008-_, 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 the receipt and sufficiency of which is hereby acknowledged; has Abandoned and Quit Claimed, and by these presents does Abandon and Quit Claim unto the said Thomas J. Whitten of the County of Lamar, State of Texas, whose mailing address is P. 0. Box 6415, Paris, Texas 75461-6415, the City of Paris' interest in that certain utility easement on Lot 3 of Oak Creek Business Park No. 1 as shown on the Plat of Oak Creek Business Park No. 1, recorded in Envelope 382-A of the Plat Records of Lamar County, Texas, and described as follows: SITUATED within the corporate limits of the City of Paris, County of Lamar and State of Texas, and more particularly described on Exhibit A attached hereto and made a part thereof. TO HAVE AND TO HOLD the above described property unto Thomas J. Whitten for the purposes aforesaid, together with all and singular, the rights and appurtenances thereto in anywise belonging unto the said CITY OF PARIS, its successors and assigns forever. This conveyance shall be without warranty of any kind, whether express or implied. WITNESS its hand at Paris, Texas, this 28th day of April, A.D. 2008. Kevin Carruth, City Manager ATTEST: Janice Ellis, City Clerk EXHIBIT .~l,. 0 ~) 4 ;- THE STATE OF TEXAS COUNTY OF LAMAR BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared Kevin Carruth of the City of Paris, 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 28th day of April, 2008. Notary Public, State of Texas RETURN TO: Terrywnitten P. 0. Box 6415 Paris, TX 75461-6415 w 0©4~ Property Description Situated within the Corporate Limits of the City of Paris, Lamar County, Texas, a part of the Hiram Williams Survey, Abstract 1003, also being a part of Lot 3 of Oak Creek Business Park No. l as shown by plat recorded in Envelope 382-A of the Lamar County Plat Records, and being further described as follows: Beginning at a point located South 80° 09' 04" East a distance of 4.00 feet from the Northwest corner of said Lot 3; Thence South 80° 09' 04" East a distance of 15.03 feet to a point for corner; Thence South 13° 37' 29" West a distance of 100.99 feet to a point for corner; Thence North 76° 22' 31" West a distance of 15.00 feet to a point for corner; Thence North 13° 37' 29" East a distance of 100.00 feet to the place of beginning, and containing 1507.425 square feet of land. EXHIBIT ~.. U~4" ,i / S 80°09'04, E 0 15.03' /o / o° a~i p a~i W :~ °> ~ ~ n ~ Lot 4 S°jv ~ M M ''^~^ O vJ T / 2 1507.425 Sq. Ft. EXISTING BUILDING 24 Op, N 76°22'31" W / 15.00' / \ V ~, l~ f;!, Scale: 1" = 20' Jot># 049mar08 ~. ~~~~~. N W E S NTS to 0 2619 NE LOOP 286 100934 LOT 4 Z-C ~5, 2635 NE LOOP 286 18788 LOT 3 Z-PDa- f <v= ~~ ~Q ~~ V V Q' LOCATION OF PROPERTY ~r,~~rY ~ F~SMFNT EXISTING 15-FOOT WIDE BY 100-FOOT LONG EASEMENT PROPOSEDFOR ABANDONMENT SPUR 139 ~~5 N. ~ ~ ~Op 2 86 F ~/ NE co ~n ~28s 15' UTILITY EASEMENT ~~ ABANDONMENT f l NTS April 8, 2008 Tommy Whitten 2735 Willow Bend Paris, TX 75462 City of Paris 150 SE 1St Paris, TX 75460 To whom it may concern: This letter regards my property, being Lot 3, of the Oak Creek Business Park No 1 in Paris. I hereby request that the city abandon the 15 X 100 foot utility easement shown on the attached survey. This easement houses only a sewer line to my building and should not exist past the boundaries of my property. Respectfully submitted, /~~~~ Tommy Whitten 903-785-1410 ~ ~) ;7 ~'?