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2002-061-RES AUTHORIZE EXECUTION OF WARRANTY DEED OF ABANDONMENT AS ADJACENT PROPERTY OWNER OF 40' STREET KNOWN AS W PRICE STREET, CITY BLOCKS 10 AND 41 RESOLUTION NO. 2002-061 A RESOLUTION OF mE CITY COUNCIL OF mE CITY OF PARIS, PARIS, TEXAS, AUTHORIZING THE EXECUTION OF A WARRANTY DEED OF ABANDONMENT TO LAMAR COUNTY AS THE ADJACENT PROPERTY OWNER OF A FORTY (40) FOOT STREET KNOWN AS W. PRICE STREET IN CITY BLOCKS 10 AND 41, ABANDONED BY ORDINANCE NO. 2002-018 , BETWEEN N. MAIN STREET (U.S. HWY 271) AND 1ST STREET N.W., BEGINNING AT mE WEST BOUNDARY LINE OF N. MAIN STREET GOING WEST TO THE EAST BOUNDARY LINE OF 1ST STREET N.W.; AUTHORIZING mE ACCEPTANCE OF A FUTURE UTILITY EASEMENT FOR REWCATION OF WATERLINES AND omER UTILITIES AND A WARRANTY DEED FROM LAMAR COUNTY TO A 100 FOOT RIGHT-OF-WAY NECESSARY FOR THE EXTENSION OF HEARNE STREET FROM 1ST STREET S.W. TO 4TH STREET S.W. AS CONSIDERATION IN EXCHANGE FOR mE CITY'S INTEREST IN THE PRICE STREET RIGHT-OF-WAY CONVEYED BY WARRANTY DEED AUmORIZED HEREIN; CONDITIONING SAID DEED OF ABANDONMENT ON RECEIPT OF THE UTILITY EASEMENT AND THE WARRANTY DEED FROM LAMAR COUNTY FOR THE HEARNE STREET RIGHT-OF-WAY; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it has been called to the attention of the City Council of the City of Paris that there is a street known as W. Price Street running east and west, 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.; and, WHEREAS, it has been called to the attention of the City Council by request of Lamar County as the adjacent property owner that the street is not desired by Lamar County as the adjacent property owner that said street is of use and necessary to the City of Paris and its citizens for entry and access, drainage, and utility easement purposes; and, WHEREAS, the City Council, by prior Ordinance No. 2002-018, adopted April 4, 2002, has authorized the City to abandon the City's interest in the aforesaid street; 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, including street right-of-way, where the exchange is with abutting property owners who hold clear title to said abutting property, for other 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, such conveyance to be by fee simple documents in a form acceptable to the City Attorney; 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 100 foot 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 of Paris for fair market value; and, WHEREAS, the City Council of the City of Paris has, by adoption of prior Resolution No. 2000-003, 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 of the fair market value of said right-of-way; and, WHEREAS, the City Council of the City of Paris, by adoption of the aforesaid prior Ordinance No. 2002-018 adopted April 4, 2002, has previously found and determined 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 was an exchange of properties of equal value to the respective parties and was in the best interests of the citizens of the City of Paris and Lamar County; and, WHEREAS, the City Council further authorized in Ordinance No. 2002-018 the closure of Price Street and the exchange by Warranty Deed of said right-of-way with Lamar County in return for the exchange by Warranty Deed of the Hearne Street right-of-way; and, WHEREAS, the aforesaid exchange was conditioned by City Council in prior Ordinance No. 2002-018 on the receipt from Lamar County of the right-of-way necessary for the extension of Hearne Street; and, WHEREAS, it is deemed appropriate that the City's interest in said street be conveyed to the adjacent owner on either side of said street and that a right of entry and access, drainage, and utility easements be retained; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, 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 Mayor be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, a Warranty Deed of Abandonment conveying to the adjacent owner on either side of said street, in accordance with the laws of the State of Texas, the City's interest in the abandoned street right-of-way for W. Price Street located between N. Main Street (U.S. Hwy 271) and 1st Street N.W., beginning at the west boundary line ofN. Main Street going west to the east boundary line of 1st Street N.W., it appearing that the real and true owner of the hereinafter described lots is as follows: Lot 1, City Block 41 Lamar County Lot 2, City Block 41 Lamar County City Block 10 Lamar County Section 3. That the City of Paris retain right of entry and access, drainage, and utility easements in the area to be described in the above-referenced deed of abandonment, with such conditions, restrictions, and reservations unto the City of Paris as established by prior Ordinance No. 2002-018. Section 4. That the City Council hereby authorizes the acceptance by fee simple documents in a form acceptable to the City Attorney of 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 5. That the City Council hereby authorizes the acceptance of a duly executed Warranty Deed from Lamar County deeding the County's interest in the right-of-way necessary for the Hearne Street Extension, as said Warranty Deed shall be in a form acceptable to the City Attorney. Section 6. That the authorization for the transfer by Warranty Deed of the right-of-way of Price Street to Lamar County as authorized herein shall be and is hereby conditioned upon the receipt by the City of Paris from Lamar County of a Warranty Deed transferring and exchanging the Hearne Street right-of-way described herein; otherwise, this resolution and the authorization for deed and the authorization for acceptance of deed shall be void and of no force and effect. Section 7. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 4th day of April, 2002. ~ ichael J. st, Mayor ATTEST: APPROVED AS TO FORM: