25-Move to deny an application from Jack Hoskins & Gerald Cox for disannexation of land on Lake Crook RoadCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
08/04/2009
Originating Department:
Presented By:
Shawn Napier, P.E. City Engineer
Agenda Item No.:
Council Date:
08/ 10/2009
Engineering
/Director of Public Works
25.
RECOMMENDED MOTION:
Move to deny an application from Jack Hoskins & Gerald Cox for disannexation of 38.489 acres of land
on Lake Crook Road.
POLICY ISSUE(S):
Disannexation
BACKGROUND:
We have received an application for disannexation from Mr. Jack Hoskins & Mr. Gerald Cox on Lake
Crook Road containing 38.489 acres of land. The application and aerial view of the area is attached. A
taxing information sheet is attached that shows the property owner, appraisal district property number,
appraised value, City taxes paid and PJC taxes paid. Staff recommends denial of the disannexation
request on the basis that if we keep Lake Crook Road in the City Limits this will leave another hole in
the City Limits. The Campbell Soup spray field is the other hole in the City Limits, it is approximately
1,200 acres. The applicant has stated the reason he wants to be disannexed is that he would like to build
a motor cross facility and does not want to build a paved parking lot.
Tax Information: Current Appraised value $79,020.00, value with Ag credit $3,560.00 (amounts below
are based on the Ag value)
Paid to City of Paris Paid to PJC
2008 - $18.51 2008 - $6.67
BOARD/COMMISSION RECOMMENDATION:
EXHIBITS:
Application for Disannexation and aerial
ACTION:
BUDGET INFO:
❑ Financial Report Z Minute Order
Expense
$
❑ Department Report ❑ Resolution
❑ P
Budgeted Amt.
$
resentation ❑ Ordinance
❑ P
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❑ O
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y'I'D Actual
$
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Acct. Name
Acct. Number
FISCAL NOTES:
REVIEWED AND APPROVED BY:
Z Administration Z City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court ❑ Legal ❑ Library ❑ Police Z Eng./Public Works ❑ Utilities
City of Paris y G 11 Revised 2/04/08
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APPLICATION FOR
DISANNEXATION
NAME OF APPLICANT(S):
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MAILING ADDRESS: -7 T.Y
TELEPHONE NUMBER:
!~'e) ~2 2 ~ SU 3 ~'Ce~ t7s"o~
VOTING DISTRICT NUMBER: 'D+.ST1K1c.T 14
(this information may be obta.ined through the City Clerk of the City of Paris)
VOTER REGISTRATION NUMBER: R77 004
ADDRESS OF PROPERTY: 4f 0 31 7 de"
I/We, the undersigned owner(s) of the above-described property, do hereby petition the City
of Paris to disannex my/our property for the following reasons:
REQUIREMENTS: Attach a complete copy of the latest deed of record for the above-described
property evidencing ownership. This deed must include a legal description of the property requested
to be disa.nnexed along with a plat or a drawing indicating the area to be disannexed.
I/We understand that the City of Paris has no obligation to disannex property except as may
be required by law. This application must be completed, in its entirety, with a11 required
attachments.
Aj~p-licant(s), Stgnature
Applicant(s) Signature
~
Date
i
Date ~
`w L'`'L212
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GENERAL WARRANTY DEED
08-8428
(Vendor's Lien Reserved and Assigoed to Third Party Lender)
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST TN
REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
Date: JULY 30, 2008
Grantor: JOHNNY MARSHALL, a single person
Grantee: JACK HOSKINS AND GERALD COX
Consideration: TEN AND N0/100 DOLLARS ($10.00) and other good and valuable
consideration, and the further consideration of the execution and delivery by the
Grantee of that one certain promissory note of even date herewith in the principal sum
of $ 46,286.14 payable to the order of GUARANTY BOND BANK, ("Lender"), as
therein specified, providing for acceleration of maturity and for attorney's fees, the
payment of which note is secured by the vendor's lien herein retained, and is
additionally secured by a deed of trust of even date herewith to Tyson T. Abston,
Trustee.
Property:
All that certain tract, lot or parcel of land situated in Lamar County, Texas, a part
of the THOMAS AKSINS SURVEY and being p more particularly described on the
attached Exhibit "A", incorporated herein by reference.
Reservations From and Exceptions to Conveyance and Warranty:
This conveyance, however, is made and accepted subject to all outstanding
mineral interest, restrictions, reservations, easements, covenants and conditions,
relating to the herein above described property as now reflected by the records of the
County Clerk of Lamar County, Texas.
Any visible and apparent over or across subject property.
2. Right of way easement to Ciry of Paris dated April 25, 1957 recorded in Book 357, Page
421, Lamar County Deed Records.
3. Easement to Lone Star Gas Co., dated September 21, 1928 recorded in Book 222, Page
411, Lamar Counry Deed Records,
4. Easement to Lone Star Gas Co., dated December 28, ] 928 recorded in Sook 223, Page
535, Lamar County Deed Records.
5. Right of way to City of Paris, dated October 11, 1922 recorded in Book 210, Page 83,
Lamar Counry Deed Records.
6. Right of way to City of Paris dated August 4, 1922 recorded in Book 207, Page 605,
061774-2008 Payes: 4 Wp
07/30/2008 02:56:28 pM By; prelehenb
Lamar County, TX
Kath Marloue - Count Clerk
IN~I~InIIII IIIIIII~nIINII IIIII~I~I~~II~I III~IHf~~111~II
9
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Page 1 of 1
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U6"I / /4-2Wti U//.iU/LUUtS UL:00 .20 rivl
Lamar Counry Deed Records.
7. Right of way to City of Paris dated July 25, 1922 recorded in Book 207, Page 606, Lamar
County Deed Records.
8. Utility easement to City of Paris dated Apri14, 1986 recorded in Book 696, Page 980,
Lamar County Deed Records.
9. Water lines, gas lines, telephone lines, utility easements, azid other matters affecting
ptoperty as shown on survey taken on the ground by Nelson Surveying Co., dated July 22,
2008.
Grantor, for the consideration, receipt of which is acknowledged, and subject to
the reservations from and exceptions to conveyance and warranty, grants, sells and
conveys to Grantee the property, together with all and singular the rights and
appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's
heirs, executor, administrators, successors or assigns forever. Grantor binds Grantor
and Grantor's heirs, executors, administrators and successors to warrant and forever
defend all and singular the property to Grantee and Grantee's heirs, executors,
administrators, successors and assigns against every person whomsoever lawfully
claiming or to claim the same or any part thereof, except as to the reservations from
and exceptions to conveyance and warranty.
But it is expressly agreed that the Vendor's Lien, as well as Superior Title in and
to the above described premises, is retained against the above described property,
premises and improvements until the above described note and all interest thereon are
fully paid according to the face, tenor, effect and reading thereof, when this Deed shall
become absolute.
TMAT, Lender, at the instance and request of the Grantee herein, having
advanced and paid in cash to the Grantor herein that portion of the purchase price of
the herein described property as is evidenced by the herein above described Note, the
Vendor's Lien, together with the Superior Title to said property, is retained herein for the
benefit of said Lender and the same are hereby TRANSFERRED AND ASSIGNED to
said Lender, its successors and assigns.
Payment of ad valorem taxes for the cuRent year having been assumed by Grantee.
When the context requires, singular nouns and pronouns include the plural.
jd~~=
HNNYOARSHALL
BL UI4
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ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF LAMAR §
This instrument was acknowledged before me on the day of Ji1LY, 2008, by
JOHNNY MARSHALL.
h
tary Public - State of Texas
aaao .ae.os.o.da.weerrwq
se~....... ~
.Andrea K. Briscoe
a ,r • Notary Publ+c y
S7ATE OF TEXAS
':'a,~'•nooFMy CommoEop.111061r2010 :
o~
After Recording Return To:
Jack Hoskins
'3
h~lJ~~ . .
-.en
Pa9e 3 of 3
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061774-2008 07/30/2008 02:56:28 PM Page 4 of 4
FIELD NQTES
Situated within the Limits of the City of Paris, County of Lamar, and State of Texas, a part of the
Thomas Asklns Survey #6, and being a called 39.20 acre tract of land conveyed to Johnny Marshall by
deed recorded in Vol. 1809, Page 176, of the Official Records of said County and State.
Beginning ai a 1/2' capped (NELSON SURVEYING) iron pin (s) for corner at the Southwest corner of
said Marshall 39.20 acre tract and ai the Northwest corner of a remaining part of a tract of land conveyed
to Luther C. Parr by deed recorded in Vol. 361, Page 557, in the South Boundary Line of said Askins
Survey, and in ihe North Boundary Line of the Reddin Russell Survey #786.
Thence South 99°14'40" East with a fence along the North Boundary Line of said Parr tract, along the
South Boundary Line of said Askins Survey, and along the North Boundary Line of said Russell Survey a
distance of 211 61 feet to a 15" Qak tree (f) for corner at the Southeast corner of said Marshall 39.20 acre
tract and at the Southwest corner of tract #3, second tract, part "A", being a cailed 23.36 acre tract of land,
conveyed to Libba Land, Ltd. by deed recorded in Vol. 721, Page 82, ot the Real Property Records of said
County and State;
Thence North 0°45'04" East with a partial old fence along the East Boundary Line of said Marshall
39.20 acre tract and along the West Boundary Line of said Libba 23.36 acre tract, a distance of 3320.86
feei for corner at the present Southeast corner of a called 2.491 acre tract of land conveyed out of said
Marshall 39.20 acre tract to Lamar County Water Supply District by Instrument #055515-2007 of the
Official Records of said County and State, and in the preseni West Boundary Line of a called 1 acre tract
of land conveyed out of said Libba 23.36 acre tract to Lamar County Water Supply District by deed
recorded in Vol. 849, Page 222, of said Real Property Records, said corner being South 0°45'04" 1lVest a
distance of 199.71 feet from a recognized 9" Bois d'Arc post (f) at the Northeast corner of said Marshafl
39.20 acre tract and at the Northwest corner of said Libba 23.36 acre tract;
Thence North 88°37'55" West at 0.38 feet passing a Yz" iron pin (f]i ai the surveyed Southeast corner of
said LCWSO 2.491 acre tract, and continuing on a total distance of 542.28 feet 1o a'/z" iron pin (f) for
corner at the Southwest comer of said •LCWSD 2.491 acre tract;
Thence along the Easterly Boundary Line (being approximately 30' East of the centerline) of the Lake
Crook Road - Lamar County Road 31700 as iollows: South 2°2'5D" East a distance of 90.91 feet to a'/i'
capped (NELSON SURVEYING) iron pin (s); Soufh 0°38'20" West a distance of 2309.74 feet to a Yz"
capped (NELSON SURVEYING) iron pin (s); Southeasterly around a curve (R=1496.34', C=South
4°11'08" Eas1248.06') to the left having a distance of 248.34 to a Yi' capped (NELSON SURVEYING) iron
pin (s); Southeasterly around a curve (R=1846.68', C=South 13°52'12" East 195.17') to the !eft a distance
of 195.26 feet to a Yz" capped (NELSON SURVEYING) iron pin (s): Southeasterly around a curve
(R=1946.10', C=South 24°Q8'40" East 400.6') to the left a distance of 401.31 feet to a Y" capped
(NELSON SURVEYING) iron pin (s); South 30°23'S3" East a distance of 150.46 feet to the place of
beginning and containing 38.489 acres of land.
Ev%
4 B I T A
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