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2002-018-ORD ABANDONING FORTY FOOT STREET KNOWN AS W PRICE STREET ORDINANCE NO. 2002-018 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, ABANDONING THE FORTY (40) FOOT STREET KNOWN AS W. PRICE STREET, BEGINNING AT THE WEST BOUNDARY LINE OF N. MAIN STREET (U.S. HWY 271) GOING WEST TO THE EAST BOUNDARY LINE OF 1ST STREET N.W.; DECLARING NO NECESSITY OR NEED OF SAID STREET FOR CITY USE OTHER THAN FOR RIGHT OF ENTRY AND SURFACE ACCESS, DRAINAGE, AND UTILITY EASEMENTS, WHICH ARE EXPRESSLY RETAINED BY THE CITY OF PARIS; AUTHORIZING THE EXCHANGE OF THE CITY'S INTEREST IN THE PRICE STREET RIGHT-OF-W AY FOR THE CONVEYANCE BY THE COUNTY OF A FUTURE UTILITY EASEMENT FOR REWCATION OF WATER LINES AND OTHER UTILITIES AND FOR THE CONVEYANCE TO THE CITY OF THE COUNTY'S INTEREST IN RIGHT-OF-WAY NECESSARY FOR THE EXTENSION OF HEARNE STREET; DETERMINING FAIR CONSIDERATION AND EQUAL VALUE IN SAID EXCHANGE; CONDITIONING SAID ABANDONMENT OF PRICE STREET ON RECEIPT OF THE UTILITY EASEMENT AND THE HEARNE STREET RIGHT-OF-WAY; AMENDING ALL PRIOR ORDINANCES OR RESOLUTIONS IN CONFLICT HEREWITH; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, it has been brought to the attention of the City Council of the City of Paris that a forty (40) foot street, beginning at the west boundary line of N. Main Street (U.S. Hwy 271) going west to the east boundary line of 1st Street N.W., is of no use as a street to the City of Paris or to its citizens, but is of use and necessary to the City of Paris and its citizens for drainage and utility easement purposes, and the City Council so finds; and, WHEREAS, the City Council, in anticipation of the receipt of a letter on behalf of the Commissioner's Court of Lamar County, as owners of the property adjacent to said portion ofW. Price Street, requesting the abandonment of said portion of W. Price Street, adopted Resolution No. 2002-022 on January 14, 2002, referring the matter of said proposed street abandonment to the Planning & Zoning Commission of the City of Paris for the Commission's review and recommendation to the City Council for final action; and, WHEREAS, the County Commissioner Court of Lamar County, by letter dated February 25, 2002, formally requested abandonment of the aforesaid portion of W. Price Street; and, WHEREAS, the Planning & Zoning Commission did, on the 4th day of March, 2002, and again on the 1st day of April, 2002, conduct public hearings to allow interested citizens and members of the public to comment for and against the proposal to abandon the aforesaid street right-of-way; and, WHEREAS, following the public hearing conducted by the Planning & Zoning Commission, the Commission, having reviewed the proposed abandonment, recommended to the City Council of the City of Paris that the City abandon the aforesaid street right-of-way, preserving and reserving thereto drainage and utility easements coterminous with and extending under the surface of the street right-of-way proposed for abandonment; and, WHEREAS, the City Engineer, the Police Chief, the Fire Chief, and the Director of Emergency Medical Services have made recommendations regarding the need for a right-of-entry and access to the property following abandonment of same; and, WHEREAS, the City Engineer has recommended the City receive as consideration for abandonment of the aforesaid street the conveyance by the County to the City in the future of a new, and as of yet unidentified as to location or size, utility easement acceptable to the City for relocation of existing waterlines and other utilities; and, WHEREAS, the City Council of the City of Paris likewise conducted public hearings on the 7th day of March, 2002, and again on the 8th day of April, 2002, to receive comments from citizens and members of the general public for and against the proposal to abandon the aforesaid street right-of-way; and, WHEREAS, Section 272.001 of the Texas Local Government Code authorizes political subdivisions of the state of Texas, such as Lamar County and the City of Paris, to exchange real property where the exchange is with abutting property owners who hold clear title to said abutting property, for other similar street right-of-way, with a finding by the governing bodies of both political subdivisions that the fair market value of the respective properties is essentially equal and the exchange is in the best interests of the citizens of each respective political entity; and, WHEREAS, Lamar County has offered as consideration for the Price Street right-of-way the conveyance by the County to the City in the future of a new, and as of yet unidentified as to location or size, utility easement acceptable to the City for relocation of existing waterlines and other utilities; and, WHEREAS, Lamar County has offered as further consideration for the Price Street right-of-way a 100 foot right-of-way extending across the south end of the property where the County Jail is located, the same being a portion of the property purchased by the County from Foy Crockett, et ux, described in deed recorded in Vol. 126, Page 188, real property records, Lamar County, Texas, such right-of-way to be used by the City to extend Hearne Street from 1st Street S.W. to 4th Street S.W.; and, WHEREAS, the Commissioners Court of Lamar County has previously authorized, by Resolution adopted February 14, 2000 (reference to which is hereby made), the transfer of said Hearne Street right-of-way to the City for fair market value; and, WHEREAS, the City Council of the City of Paris has, by adoption of Resolution No.F2000-003, adopted January 10, 2000 (reference to which is hereby made), previously authorized the acceptance of the aforesaid right-of-way from the County for the extension of Hearne Street in exchange for the payment by the City of the fair market value of said right-of-way; and, WHEREAS, the City Council of the City of Paris does hereby find and determine that in lieu of the cash payment of the appraised value of the Hearne Street right-of-way as authorized in Resolution No. 2000-003, the acceptance of the Hearne Street right-of-way in exchange for the Price Street right-of-way is an exchange of properties of equal value to the respective parties and is in the best interests of the citizens of the City of Paris and of Lamar County; and, WHEREAS, having determined fair consideration, the City Council desires to authorize the closure of Price Street and the exchange by Warranty Deed of said right-of-way with Lamar County for the exchange by Warranty Deed of the Hearne Street right-of-way; and, WHEREAS, the City Council, having received the recommendation of the Planning & Zoning Commission, the City Engineer, the Fire Chief, the Police Chief, and the Director of the Emergency Medical Services, hereby determines that it is in the best interests of the citizens of the City of Paris to abandon the aforesaid street right -of-way, reserving thereto a right of entry and access, drainage, and utility easements coterminous with the original boundaries of the aforesaid street and subject to the rights and the interests of the City of Paris in preserving and utilizing the aforesaid rights and easements and the consideration as otherwise stated herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, 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 forty (40) foot street known as W. Price Street, beginning at the west boundary line of N. Main Street (U. S. H wy 271) going west to the east boundary line of 1 st Street N. W., described in Exhibit A, attached hereto, is found to be of no use as a street to the City of Paris or its citizens, but is of use and necessary to the City of Paris and its citizens for entry, access, drainage, and utility easement purposes; therefore, such street is hereby abandoned, with the City of Paris retaining a right of entry and surface access, drainage, and utility easements. Section 3. That the drainage and utility easements hereby reserved and preserved from abandonment shall extend the length and breadth of the current street right-of-way so abandoned and shall be conterminous with the original boundaries of said street right-of-way, the same being forty (40) feet wide and beginning at the west boundary line of N. Main Street (U.S. Hwy 271) west to the east boundary line of 1st Street N.W. Section 4. That the drainage and utility easements so reserved by the City of Paris shall be held unto the City of Paris in full and fee ownership, with the right and privilege at any and all times to enter said premises, or any part thereof, for the purposes of maintaining, constructing, reconstructing, relocating, or otherwise performing work or service upon or in the utility facilities placed and located therein, and provided further, that no beneficiary or owner of the street right- of-way abandoned herein shall erect or place any building, driveway, or other permanent structure on the perpetual easements reserved herein, and such person or persons shall not otherwise use the aforesaid easement premises in a way that would interfere with the construction, maintenance, repair, inspection, or operation of the utilities or other facilities placed in the aforesaid easements. Section 5. That the right of entry and surface access easement hereby reserved by the City shall extend the length and breadth of the current street right-of-way so abandoned and shall be coterminous with the original boundaries of said street right -of-way, the same being forty (40) feet wide and beginning at the west boundary line of North Main Street (U.S. Hwy 271) west to the east boundary line of 1st Street N.W., and shall grant the City the right to unimpeded access for City utility vehicles and City emergency vehicles, including ambulances, fire trucks, and other similar vehicles on official business, and no vegetation, buildings, other structures, or other improvements shall be placed or maintained thereon which shall in any way impede the entry and access by the aforesaid vehicles without the written approval of the City Engineer and the City Manager. Section 6. That any document reflecting the City's relinquishment of use of the street right-of-way abandoned herein shall include, or shall be interpreted to include, the easements and the appurtenances thereto preserved by the City of Paris as reflected in this ordinance, and the abandonment of said street right-of-way is hereby conditioned upon the preservation of said easements and the rights and interests reserved unto the City of Paris hereto. Section 7. That the City Council hereby accepts as consideration for the aforesaid abandonment of the Price Street right-of-way the conveyance by the County to the City in the future of a new, and as of yet unidentified as to location or size, utility easement acceptable to the City for relocation of existing waterlines and other utilities. Section 8. That the City Council hereby accepts as further consideration for the aforesaid abandonment of the Price Street right-of-way the tender by Lamar County of the right-of-way for the Hearne Street extension as the same is described in Exhibit B attached hereto and for all purposes incorporated herein, and further finds such exchange of properties to be of equal value to the respective parties and in the best interests of the citizens of the City of Paris and Lamar County. Section 9. That the abandonment and transfer by warranty deed of the Price Street right- of-way to Lamar County authorized herein shall be and is hereby conditioned upon the conveyance by the County to the City in the future of a new, and as of yet unidentified as to location or size, utility easement acceptable to the City for relocation of existing waterlines and other utilities; such conveyance by fee simple documents in a form acceptable to the City Attorney, otherwise the abandonment authorized herein to be void and of no force and effect. Section 10. That the abandonment and transfer by Warranty Deed of the Price Street right-of-way to Lamar County authorized herein shall be and is hereby conditioned upon the exchange and transfer by Lamar County by Warranty Deed of the Hearne Street right-of-way described herein; otherwise, this ordinance and the abandonment of Price Street authorized herein shall be void and of no force and effect. Section 11. That all ordinances or resolutions in conflict with the terms and provisions of this ordinance shall be and are hereby amended to be consistent with the terms and provision of this ordinance. Section 12. That this ordinance shall become effective on May 1, 2002. PASSED AND ADOPTED this 4th day of April, 2002. ~ Michael J. Ie r, Mayor ATTEST: ~~\~~ Mattie Cunningham, City Clerk APPROVED AS TO FORM: DESCRIPTION OF STREET TO BE CWSED SITUATED within the corporate limits of the City of Paris, County of Lamar, and State of Texas, being a forty (40) foot street known as W. Price Street located in City Blocks 10 and 41, between N. Main Street (U. S. H wy 271) and 1 st Street N.W., and being more particularly described as follows: BEGINNING at the southwest corner of Lot 1, City Block 41, being in the east boundary line of 1st Street N.W.; THENCE East along the south boundary lines of Lots 1 and 2 of said City Block a distance of approximately 216 feet to a point being the southeast corner of said Lot 2, in the west boundary line of N. Main Street; THENCE South along the west boundary line of N. Main Street a distance of 40 feet to the northeast corner of City Block 10; THENCE West along the north boundary line of said City Block 10 a distance of approximately 216 feet to a point being the northwest corner of said City Block; THENCE North along the est boundary line of 1st Street N.W. a distance of 40 feet to the place of beginning and containing 8,640 square feet, more or less. EXHffiIT "A"