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2002-031-ORD ABANDONING UNNAMED FIFTEEN FOOT ALLEY BEGINNING BETWEEN BONHAM ST AND W KAUFMAN ST ORDINANCE NO. 2002-031 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, ABANDONING AN UNNAMED FIFTEEN (15) FOOT ALLEY BEGINNING AT THE WEST BOUNDARY LINE OF 18TH STREET S. W. GOING WEST TO THE EAST BOUNDARY LINE OF 19TH STREET S. W ., LOCATED BETWEEN BONHAM STREET (U.S. HWY 82) AND W. KAUFMAN STREET; DECLARING NO NECESSITY OR NEED OF SAID ALLEY FOR CITY USE OTHER THAN FOR DRAINAGE AND UTILITY EASEMENTS, WHICH ARE EXPRESSLY RETAINED BY THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING FOR AN EFFECTIVE DATE OF JULY 1,2002. WHEREAS, it has been brought to the attention of the City Council of the City of Paris that a fifteen (15) foot alley beginning at the west boundary line of 18th Street S. W., west to the east boundary line of 19th Street S.W., located between Bonham Street (U.S. Hwy 82) and W. Kaufman Street, is of rD use as an alley 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, thl':: City Council of the City of Paris has received a petition from adjacent property owners requesting that the fifteen (15) foot alley be abandoned from 18th Street S.W. to 19th Street S.W., located between Bonham Street (U.S. Hwy 82) and Maple Avenue; and, WHEREAS, the City Council, following receipt of said petition, adopted Resolution No. 2002-090 on May 13, 2002, referring the matter of said proposed alley 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, th~ Planning & Zoning Commission did, at 5 :30 p.m. on the 3rd day of June, 2002, conduct a public hearing to allow interested citizens and members of the public to comment for and against the proposal to abandon the aforesaid alley; 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 alleyway, preserving and reserving thereto drainage and utility easements coterminous with and extending under the surface of the alleyway proposed for abandonment; and, WHEREAS, the City Council of the City of Paris likewise conducted a public hearing on the 6th day of June, 2002, to receive comments from citizens and members of the general public for and against the proposal to abandon the aforesaid alleyway; and, WHEREAS, the City Council, having received the recommendation of the Planning and Zoning Commission, hereby determines that it is in the best interests of the citizens and the City of Paris to abandon the aforesaid alleyway, reserving thereto drainage and utility easements coterminous with the original boundaries of the aforesaid alley and subject to the rights and the interests of the City of Paris in preserving and utilizing the aforesaid easements; NOW, THEREFORE, BE IT ORDA~"ED 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 unnamed fifteen (15) foot alley beginning at the west boundary line of 18th Street S. W., west to the east boundary line of 19th Street S. W., located between Bonham Street (U.S. Hwy 82) and W. Kaufman Street, described in Exhibit A, attached hereto, is found to be of no use as an alley to the City of Paris or its citizens, but is of use and necessary to the City of Paris and its citizens for drainage and utility easement purposes; therefore, such alley is hereby abandoned, with the City of Paris retaining drainage and utility easements thereon. Section 3. That the drainage and utility easements hereby reserved and preserved from abandonment shall extend the length and breadth of the current alleyway so abandoned and shall be coterminous with the original boundaries of said alleyway, the same being fifteen (15) feet wide and beginning at the west boundary line of 18th Street S. W., going west to the east boundary line of 19th Street S.W. between Bonham Street (U.S. Hwy 82) and W. Kaufman Street in Block 4 of the S. J. Wright Addition. 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 subsequent owner of the alleyway 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 any document reflecting the City's relinquishment of use of the alley 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 alleyway is hereby conditioned upon the preservation of said easements and the rights and interests reserved unto the City of Paris hereto. Section 6. That this ordinance shall become effective on July 1, 2002. PASSED, APPROVED, AND ADOPTED this 6th day of June, 2002. M~~ ATTEST: ~~\" ~~"Ctll Mattie Cunningham, City Clerk - APPROVED AS TO FORM: a 'e H. Harris, Asst. City Attorney EXHmIT A DESCRIPTION OF ALLEY TO BE CLOSED SITUATED within the corporate limits of the City of Paris, County of Lamar, and State of Texas, being a part of the Asa Jarman Survey, being a fifteen (15) foot alley located in Block 4 of the S. J. Wright Addition to the City of Paris from the west boundary line of 18th Street S. W. and the east boundary line of 19th Street S.W. between Bonham Street (U.S. Hwy 82) and W. Kaufman Street, and being more particularly described as follows: BEGINNING at the southeast corner of Lot 1, Block 4, S. J. Wright Addition, being in the west boundary line of 18th Street S. W. ; THENCE West along the south boundary lines of Lots 1 through 8 a distance of approximately 400 feet to a point being the southwest corner of said Lot 8, in the east boundary line of 19th Street S.W.; THENCE South along the east boundary line of 19th Street S. W. a distance of 15 feet to the northwest corner of Lot 9-B in said Block 4; THENCE East along the north boundary lines of Lots 9-B through 16 a distance of approximately 400 feet to a point being the northeast corner of said Lot 16; THENCE North along the west boundary line of 18th Street S.W. a distance of 15 feet to the place of beginning and containing 6,000 square feet, more or less.