2004-018-ORD ABANDONING OF CITY'S INTEREST IN A 120 FOOT WIDE STREET ROW BEING PORTION OF 13TH ST SW
ORDINANCE NO. 2004-018
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS
ABANDONING THE CITY'S INTEREST IN A 120 FOOT WIDE STREET RIGHT-OF-
WAY BEING A PORTION OF 13m STREET S.W., LOCATED IN THE SOUTHWEST
INDUSTRIAL PARK BEGINNING AT THE NORTH RIGHT-OF-WAY LINE OF LOOP
286 S.W. GOING NORTH APPROXIMATELY 1,713.1 FEET TO AND INCLUDING A
CUL-DE- SAC; DECLARING NO NECESSITY OR NEED OF SAID STREET FOR CITY
USE OTHER THAN FOR DRAINAGE AND UTILITY EASEMENTS, WmCH ARE
EXPRESSLY RETAINED BY THE CITY OF PARIS; AND PROVIDING FOR AN
EFFECTIVE DATE OF AUGUST 1, 2004.
WHEREAS, it has been brought to the attention of the City Council of the City of Paris
that a 120 foot wide street right-of-way being a portion of 13th Street S.W. beginning at the North
right-of-way line of Loop 286 S.W. going North approximately 1,713.1 feet to and including a
cul-de-sac, 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 of the City of Paris has received letters from adjacent
property owners requesting that the City's interest in the 120 foot street right-of-way be
abandoned from the North right-of-way line of Loop 286 S. W. going North approximately 1,713.1
feet to and including a cul-de-sac; and,
WHEREAS, the City Council, following receipt of said letters, adopted Resolution No.
2004-110 on June 14, 2004, 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 Planning & Zoning Commission did, at 5:30 p.m. on the 5th day of July,
2004, conduct a public hearing to allow interested citizens and members of the public to comment
for and against the proposal to abandon the aforesaid street; 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 City's interest in the aforesaid street,
preserving and reserving thereto drainage and utility easements coterminous with and extending
under the surface of the street proposed for abandonment; and,
WHEREAS, the City Council of the City of Paris likewise conducted a public hearing on
the 8th day of July, 2004, to receive comments from citizens and members of the general public
for and against the proposal to abandon the City's interest in the aforesaid street; and,
WHEREAS, the City Council, having received the recommendation of the Planning and
Zoning Commission, hereby determines that it is in the best interest of the citizens and the City
of Paris to abandon the City's interest in the aforesaid street, reserving thereto 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 easements; 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 City's interest in a one hundred twenty (120) foot street right-of-way,
the same being a portion of 13th Street S.W., beginning at the North right-of-way line of Loop
286 going North approximately 1,713.1 feet to and including a cul-de-sac, 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 drainage and utility easement
purposes; therefore, such street 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 street so abandoned and shall be
coterminous with the original boundaries of said portion of 13th Street S. W., the same being one
hundred twenty (120) feet wide and beginning at the North right-of-way line of Loop 286 going
North approximately 1,713.1 feet to and including a cul-de-sac.
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 purpose of maintaining, constructing,
reconstructing, relocating, or otherwise performing work or service upon or in the drainage and
utility facilities placed and located therein, and provided further, that no beneficiary or subsequent
owner of the street 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 street
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 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 August 1, 2004.
PASSED AND ADOYfED this 8th day of July, 2004.
ATTEST:
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Sherian Dixon, Assistant City Clerk
APPROVED AS TO FORM:
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Curtis Fendley,
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ExmBIT A
DESCRIYfION OF STREET 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 James Bourland Survey No. 69, and
being a one hundred twenty (120) foot wide street right-of-way located in the
Southwest Industrial Park of the City of Paris from the North right-of-way line of
Loop 286 SW going North approximately 1,713.1 feet to and including the cul-de-
sac, as shown on page 2 of this Exhibit.
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