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2009-121-RES-Deed of AbandonmentRESOLUTION NO. 2ooa-12i A RESOLUTION OF THE CITY COUIVCIL 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- 0LO 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 PROVISIOIVS 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 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 City Council, by prior Ordinance No. 2009-050 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 3rd Street SE and Sth 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, City 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. PASSED A1VD APPROVED this 14th day of December, 2009. ATTEST: r nice Ellis, City Clerk APPROVED AS TO FORM: %A~ W. Kent Mc yar, ' Attorney , f' J sse Ja es Freelen, Mayor DEED OF ABAIVDONMENT STATE OF TEXAS } } K1VOW ALL MEN BY THESE PRESEIVTS: 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: BEGINNING 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 Ciry Block a distance of 246.45 feet to a point for corner EXHIBIT A 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 AIVD 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. WITIVESS 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