17-Deliberate and act on a resolution authorizing the execution of a Deed of AbandonmentCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originating Department:
Presented By:
Agenda Item No.:
12/10/09
Engineering, Planning &
Shawn Napier, P.E. Director of
Council Date:
Development
Engineering, Planning &
17.
12/ 14/09
Development
RECOMMENDED MOTION:
Move to approve a resolution authorizing the execution of a Deed of Abandonment to the adjacent
property owner of the 15-foot alley in the 400 Block of E. Hearon Street.
POLICY ISSUE(S):
Alley Abandonment
BACKGROUND:
Kelcorp, L.P. has requested that the City of Paris abandon an alley in the 400 Block of E. Hearon Street.
The alley right-of-way (ROW) is 15-feet wide and approximately 245-feet long. Kelcorp, L.P. owns
both side of the alley. The company sent letters to all of the franchise utilities companies (Oncor,
Atmos, Suddenlink and AT&T) asking them if they had any infrastructure in the alley and if they had
any objections to abandoning the easement. The City has received responses back from all of the
franchise utility companies and none of them have any infrastructure in the alley nor do they have any
objections to abandoning the alley ROW. The City has determined that we have no water or sewer lines
exist in the alley and that we have no need to retain any easements.
BOARD/COMMISSION RECOMMENDATION:
N/A
EXHIBITS:
Resolution; deed; aerial; survey
ACTION:
BUDGET INFO:
❑ Financial Report ❑ Minute Order
Expense
$
❑ Department Report Z Resolution
Budgeted Amt.
$
❑ Presentation ❑ Ordinance
y'I'D Actual
$
❑ Public Hearing ❑ Other
Acct. Name
Acct. Number
FISCAL NOTES:
REVIEWED AND APPROVED BY:
Z Administration Z City Clerk Z Community Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court Z Legal ❑ Library ❑ Police Z Eng./Public Works ❑ Utilities
City of Paris
Revised 2/04/08
~ok
DRAFT
attorney\alley/street\Whitaker Convey Alley Res 2009
RESOLUTION N0.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AUTHORIZING THE EXECUTION OF A DEED OF ABANDONMENT TO THE
ADJACENT PROPERTY OWNER OF A FIFTEEN (15) FOOT ALLEY
ABANDONED BY ORDINANCE NO. 2009-_ FROM THE NORTH
BOUNDARY LINE OF E. HEARON STREET A DISTANCE OF 246.45 FEET
TO THE SOUTH PROPERTY LINE OF LOT 23, CITY BLOCK 142, BETWEEN
3RD STREET SE AND 5TH STREET SE; 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 Ciry of Paris
that there is an alley running north and south, BEGINNING at the north boundary line of E.
Hearon Street going north a distance of 246.45 feet to the south property line of Lot 23, City
Block 142; and,
WHEREAS, it has been called to the attention of the City Council by petition of the
property owner that the alley is not desired by the property owner adjacent to said alley;
and,
WHEREAS, the Ciry Council, by prior Ordinance No. 2009-_ adopted December
14, 2009, has authorized the City to abandon the City's interest in the aforesaid alley; and,;
and,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
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 of the City of Paris, be, and he is hereby, authorized
and directed to execute, on behalf of the City of Paris, a deed of abandonment conveying to
the adjacent owner on either side of said alley, in accordance with the laws of the State of
Texas, the City's interest in the abandoned alley located between 3ra Street SE and 5th Street
SE, beginning at the north boundary line of E. Hearon Street going north a distance of
246.45 feet to the south property line of Lot 23, Ciry Block 142, it appearing that the real
and true owner of the hereinafter described lots are as follows:
Lot 15, City Block 142 Doyle Whitaker
Lot 16, City Block 142
Lot 17, City Block 142
Section 4. That this resolution shall be effective from and after its date of passage.
_ , " - lr)
PASSED AND APPROVED this 14th day of December, 2009.
Jesse James Freelen, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
„
DEED OF ABANDONMENT
STATE OF TEXAS }
} KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR }
That the City of Paris, Texas a home-rule municipal corporation of the
County of Lamar, State of Texas, acting by and through its Mayor, duly
authorized by Resolution No. 2009-. for and in consideration of the sum of
Ten and no/100 Dollars ($10.00) cash and other good and valuable
consideration, in cash, to it in hand paid by Doyle Whitaker the receipt and
sufficiency of which is hereby acknowledged; has Granted, Sold and Conveyed,
and by these presents does Grant, Sell and Convey unto the said Doyle Whitaker
of the County of Lamar, State of Texas, whose mailing address is 2550 Lamar
Ave., Paris, Texas 75460, the City of Paris' interest in all that certain tract or
parcel of land situated in Lamar County, Texas, and described as follows:
SITUATED within the corporate limits of the City of Paris,
County of Lamar, and State of Texas, being a part of the Larkin
Rattan Survey, Abstract No. 778 Survey, and being a fifteen (15)
foot wide abandoned alley abandoned by City of Paris Ordinance
No. 2009- , depicted in survey Attached hereto as Exhibit A
and being more particularly described as follows:
BEGINNIIVG at a point in the north boundary line of E
Hearon Street, also being the southeast corner of Lot 18, City
Block 142;
THENCE North along the east property line of said Lot 17 a
distance of 246.45 feet to a point for corner in the south property
line of Lot 23, also being the northeast corner of said Lot 17;
THENCE East along the south property line of said Lot 23 a
distance of 15 feet to a point for corner being the northwest
corner of Lot 14B, City Block 142;
THENCE South along the west property lines Lots 15 and
16, of said City Block a distance of 246.45 feet to a point for corner
_ " 1,~1rp,
in the north boundary line of E. Hearon Street;
THENCE West along the north boundary line of E. Hearon
Street a distance of 15 feet to the place of beginning and
containing 3,696.75 square feet, more or less.
TO HAVE AND TO HOLD the above described premises, together with all
and singular, the rights and appurtenances thereto in anywise belonging unto
the said Doyle Whitaker, his successors and assigns forever. This conveyance
shall be without warranty of any kind, whether express or implied.
WITNESS its hand at Paris, Texas, this _ day of December, A.D. 2009.
Jesse James Freelen, Mayor
ATTEST:
Janice Ellis, City Clerk
THE STATE OF TEXAS }
COUNTY OF LAMAR }
BEFORE ME, the undersigned authority, in and for said County, Texas, on
this day personally appeared Jesse James Freelen, Mayor of the City of Paris,
Texas, known to me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he executed the same for the
purposes and consideration therein expressed and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _ day of
December, 2009.
Notary Public, State of Texas
RETURN T0: Doyle Whitaker
2550 Lamar Avenue
Paris, TX 75460
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I..C.O.P.R. - Lamar Co. Official Public Records
0' 30' 60'
L.C.R.P.R. - Lamar Co. Real Property Records
L.C.D.R. - Lamar Co. Deed Records L0
LOT 1
OHL - Overhead UtiliTy Lines LEAH M. BALLANTINE
P.O.B.-PointOfBeginning VOL. 1756, PG. 1, L.C.O.P.R.
MACK E. RUSSELL, ET UX
R.O.W. - Right-Of-Way MAY 31, 2006
VOL 217, PG. 107, L.C.R.P.R.
MAY 7, 1991
PP - Power Pole I
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Course
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NOTGS:
1. The reference beazing for this survey is
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PL K NIGHT, ET UX
. 476, PG. 271, LC.D.R.
due Norlh along the wes[ boundary line of
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the subject tract according to Doc. No.
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073423-2009, L.C.O.P.R.
2. A metes and bounds description dated
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November 9, 2009 accomPanies this plat.
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ABSTRACT NO. 778
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3. Subject property is in Zone C(Areas of
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minimal flooding) per FEMA F'IRM,
z p, 3155 AC.
Community Panel No. 480427 0003 B,
4"X6"
fND
effective December 15, 1983.
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4. No easement research was performed as
.
.
part of this survey.
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F
E. HEARON STREET 0 - SET 1/2° iR WITH CAP "RPLS 5469"
~(40' wide according to the Ciry of Paris; no dedication found) UNLESS OTHER WISE SHOWN
SURVEY OF THAT CERTAIN TRACT OF LAND DESCRIBED
AS TRACT ONE AND TWO IN DEED TO KELCORP, L.P.,
RECORDED IN DOCUMENT NUMBER 073423-2009 OF THE
OFFICIAL PUBLIC RECORDS OF LAMAR COUNTY, TEX1S
CHAI,AIRE SURVEYING, INC.
S P.O. Box 1076 • Pnxis, Tx 75461
903-784-1454 •Fax 903-784-1452
ri~ I Ph
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- PROPERTY ADDRESS: 427 E. HEARON STREET
COUNTY: LAMAR CITY: PARIS, TEXAS
DATE: NOVEMBER 9, 2009 FILE: 9091.DWG
.➢.r.:viaj;
SCALE: 1" = 30' PAGE: 3 OF 3
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