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98-069ORDINANCE NO. 98'069 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, SEPARATING, DISANNEXING, REMOVING, AND EXCLIJDING FROM THE INCORPORATED AREA OF THE CITY OF PARIS, IN ACCORDANCE WITH THE TERMS OF THE COMPROMISE SETTLEMENT & RELEASE OF ALL CLAIMS IN CAUSE N0.64933, STYLED THE CITY OF RENO, TEXAS VS. THE CITY OF PARIS, TEXAS, AN AREA EMBRACING APPROXIMATELY 292.673 ACRES, MORE OR LESS, OF PROPERTY, SAID PROPERTY BEING HEREAFTER DESCRIBED BY METES AND BOUNDS; CHANGING THE BOUNDARIES OF DISTRICT 7 OF THE CITY OF PARIS SO AS TO EXCLUDE THE HEREINAFTER DESCRIBED PROPERTY THEREFROM; INSTRUCTING THE CITY ENGINEER TO AMEND THE OFFICIAL CITY LIMITS MAP AND THE VOTING DISTRICT MAP Ilv ACCORDANCE HEREWITH; PROVIDING FOR THE INCLUSION OF SAID AREA INTO THE CITY'S EXTRATERRITORIAL JURISDICTION IN THE EVENT THE CITY OF RENO FAILS TO ANNEX THE SAME; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. WHEREAS, the City of Paris did heretofore, on the 12th day of December, 1997, enter into an agreed order with the City of Reno enjoining the City of Paris from enforcing municipal ordinances or providing municipal services in Tracts 5, 7, 8, 9, 10, and 12 described in the annexation ordinance introduced to the City Council on November 6, 1997, in the event such ordinance was later adopted by the City Council; and, WHEREAS, said agreed order did not affect the remaining tracts described in said annexation ordinance, same being Tracts 1, 2, 3, 4, 6, 11, and 13; and, WHEREAS, the City Council of the City of Paris did heretofore, on the 15th day of December, 1997, adopt Ordinance No. 97-059, same being the annexation ordinance introduced on November 6, 1997, which ordinance provided for the extension of certain boundary limits of the City of Paris and the annexation of 5,389.031 acres, more or less; and, WHEREAS, the City Council of the City of Paris did heretofore, on the 16th day of August, 1998, in Resolution No. 98-121, authorize the settlement of Cause No.64933, styled The City of Reno, Texas vs. The City of Paris, Texas and the execution of the Compromise Settlement & Release of All Claims; and, WHEREAS, the Judge of the 62nc1 Judicial District Court did heretofore, on the 17th day of August, 1998, enter a Judgment in said Cause No. 64933, which, among other things, declared the annexation of Tracts 5, 7, 8, 9, 10, and 12 to be lawful; and, WHEREAS, in such Compromise Settlement & Release of All Claims, the City of Paris agreed to permit the disannexation of certain portions of Tracts 7, 8, and 12 which could be best served by gravity flow into Reno's existing wastewater collection system, provided that such property be annexed into Reno prior to April 1, 1999; and, WHEREAS, petitions were received by several property owners located within said Tracts 7, 8, and 12, and it is deemed appropriate that the property which is located within the agreed area and that is contiguous to Reno or to property that is contiguous to Reno for which the owner has petitioned for disannexation be disannexed from the City of Paris; and, WHEREAS, in the event that Reno fails to annex the described property prior to April l, 1999, then such area will become subject to the extraterritorial jurisdiction of Paris; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS: Section 1. That, in accordance with the terms of the Compromise Settlement & Release of All Claims in Cause No.64933, styled The City of Reno, Texas vs. The City of Paris, Texas, the following described land and territory presently located within the corporate limits of the City of Paris, Paris, Texas, be, and the same is hereby, separated, disannexed, removed, and excluded from the corporate area of said City, and the boundary limits of said City are hereby altered and amended so as to exclude said territory from the corporate limits of the Ciry of Paris, Paris, Texas, to-wit: TRACT 1 BEGINNING at a point, said point being in the existing Paris City Limit Line as described in Ordinance No. 97-059 and the existing Reno City Limit Line and being the most westerly southwest corner of the Twin Lakes Subdivision; THENCE South along the west boundary line of a 14.5 acre tract of land described in a deed from Charley A. Smith et ux to Danny L. Smith a distance of 734.5 feet, more or less, to the north right-of-way line of County Road 42350 (Smallwood Road); THENCE East along the north right-of-way line of County Road 42350 (Smallwood Road) a distance of 1,641.7 feet, more or less, to a point, said point being in the existing Paris City Limit Line as described in Ordinance No. 97-059 and the existing Reno City Limit Line and being the southeast corner of a 7 acre tract of land conveyed Don A. Ensey by deed recorded in Volume 667, Page 69, Real Property Records, Lamar County, Texas; THENCE North along said Paris and Reno City Limit Lines and the east boundary line of said 7 acre tract of land a distance of 734.5 feet, more or less, to a point for corner in the existing Paris Ciry Limit Line as described in said Ordinance No. 97-059 and the existing Reno City Limit Line; THENCE West along the existing Paris and Reno City Limit Lines a distance of 1,641.7 feet, more or less, to the point of beginning and containing 29.20 acres, more or less. • TRACT 2 BEGINNING at a point, said point being in the existing Paris City Limit Line as described in Ordinance No. 97-059 and being the most westerly southwest corner of the Twin Lakes Subdivision; THENCE South 38 Deg. 02 Min. 40 Sec. West along the line agreed to in Cause No. 64933, styled The Ciry of Reno, Texas vs. The City of Paris, Texas and depicted on the map attached as Exhibit 1 to the Compromise Settlement & Release of All Claims, which is Exhibit II to the Judgment entered in said Cause on August 17, 1998, a distance of 965.285 feet to a point in the north right-of-way line of County Road 42350 (Smallwood Road), said point being a distance of 200 feet east of the centerline of 36th Street N.E.; THENCE East along the north right-of-way line of County Road 42350 (Smallwood Road) a distance of 600.5 feet, more or less, to a point for corner, said point being the southwest corner of a 14.5 acre tract of land described in deed from Charley A. Smith et ex to Danny L. Smith; THENCE North along the west boundary line of said 14.5 acre tract of land a distance of 734.5 feet, more or less, to the point of beginning and containing 4.36 acres, more or less, said property described herein being that portion of a 11.622 acre tract of land conveyed Porter Smallwood, Jr. by deed recorded in Volume 545, Page 29, Deed Records, Lamar County, Texas, that lies southeast of the line agreed to in Cause No. 64933, styled The City of Reno, Texas vs. The City of Paris, Texas and depicted on the map attached as Exhibit 1 to the Compromise Settlement & Release of All Claims, which is Exhibit II to the Judgment entered in said Cause on August 17, 1998. TRACT 3 BEGINNING at a point, said point being the intersection of the existing Paris and Reno City Limit Lines and the north boundary line of a 1.00 acre tract of land conveyed Charles W. Keys by deed recorded in Volume 625, Page 18, Deed Records, Lamar County, Texas, said point also being a distance of 150 feet, more or less, west of the west right-of-way line of County Road 12120 (Key West or 13th Street S.W. in Reno); THENCE West along said north boundary line of said 1.00 acre tract of land a distance of 59 feet, more or less, to a point, said point being the northwest corner of said 1.00 acre tract of land; THENCE South along the west boundary line of said 1.00 acre tract of land a distance of 209 feet, more or less, to the southwest corner of said 1.00 acre tract of land; THENCE East along the south boundary line of said 1.00 acre tract of land to a point, said point being the intersection of the existing Paris and Reno City Limit Lines and the south boundary line of said 1.00 acre tract of land, said point also being a distance of 150 feet, more or less, west of the west right-of-way line of said County Road 12120; THENCE North with the existing Paris and Reno City Limit Lines, parallel to and 150 feet west of the west right-of-way line of said County Road 12120, a distance of 209 feet, more or less, to the place of beginning and containing 0.28 acres, more or less. TRACT 4 BEGINNING at a point, said point being the northwest corner of a 60.45 acre tract of land conveyed Frank T. Keys by deed recorded in Volume 389, Page 160, Deed Records, Lamar County, Texas; THENCE East along the north boundary line of said 60.45 acre tract of land a distance of 1,528 feet, more or less, to the northwest corner of a 1.00 acre tract of land conveyed Charles W. Keys by deed recorded in Volume 625, Page 18, Deed Records, Lamar County, Texas; THENCE South with the west boundary line of said 1.00 acre tract of land a distance of 209 feet, more or less, to the southwest corner of said 1.00 acre tract of land; THENCE East with the south boundary line of said 1.00 acre tract of land a distance of 59 feet, more or less, to a point, said point being the intersection of the existing Paris and Reno City Limit Lines and the south boundary line of said 1.00 acre tract of land, said point being a distance of 150 feet, more or less, west of the west right-of-way line of County Road 12120 (Key West Road or 13th Street S.W. in Reno); THENCE South 02 Deg. 17 Min. 42 Sec. East along said Paris and Reno City Limit Lines, parallel to and 150 feet, more or less, west of the west right-of-way line of County Road 12120 (Key West Road or 13th Street S.W. in Reno), a distance of 686.586 feet, more or less, to a point for corner in the existing Paris and Reno City Limit Lines; THENCE East with the existing Paris and Reno City Limit Lines a distance of 329 feet, more or less, to a point for corner in the existing Paris and Reno City Limit Lines, said point being a distance of 150 feet west of the west right-of-way line of County Road 12120 (Key West Road or 13th Street S.W. in Reno); THENCE southerly, parallel to and 150 feet west of the west right-of-way line of County Road 12120 (Key West Road or 13th Street S.W. in Reno), to a point in the south right-of-way line of the former Missouri-Pacific Railroad; THENCE southwesterly along the south right-of-way line of the former Missouri-Pacific Railroad a distance of 1,554.711 feet to a point; THENCE North 24 Deg. 13 Min. 01 Sec. West along the line agreed to in Cause No. 64933, styled The City of Reno, Texas vs. The City of Paris, Texas and depicted on the map attached as Exhibit 1 to the Compromise Settlement & Release of All Claims, which is Exhibit II to the Judgment entered in said Cause on August 17, 1998, a distance of 1,020.666 feet, more or less, to a point for corner in the west boundary line of said 60.45 acre tract of land; THENCE North along the west boundary line of said 60.45 acre tract of land a distance of 880 feet, more or less, to the point of beginning and containing 54.90 acres, more or less, said property described herein being that portion of said 60.45 ~ acre tract of land that lies northeast of the line agreed to in Cause No. 64933, styled The City of Reno, Texas vs. The Ciry of Paris, Texas and depicted on the map attached as Exhibit 1 to the Compromise Settlement & Release of All Claims, which is Exhibit II to the Judgment entered in said Cause on August 17, 1998. TRACT 5 BEGINNING at a point in the existing Paris City Limit Line as described in Ordinance No. 97-059 and the existing Reno City Limit Line, said point being located in the south right-of-way Line of the former Missouri-Pacific Railroad and being a distance of 150 feet west of the west right-of-way line County Road 12120 (Key West or 13th Street S.W. in Reno); THENCE Southwesterly along the south right-of-way line of the former Missouri-Pacific Railroad a distance of 1,094.50 feet, more or less, to an iron pin for corner at the northwest corner of a tract of land conveyed Pat M. Bassano and the northeast corner of a 2 acre tract of land sold out of a 10 acre tract of land conveyed J. E. Hogan by deed recorded in Volume 275, Page 337, Deed Records, Lamar County, Texas; THENCE South a distance of 482 feet, more or less, to the north right-of- way line of County Road 12100 (Old Clarksville Road), and continuing South across said Counry Road 12100 to the intersection of the south right-of-way line of County Road 12100 and the east right-of-way line of County Road 12140, said point also being the northwest corner of a 5.02 acre tract of land owned by Steve Meade, and continuing South along the east right-of-way line of said County Road 12140 a distance of 1,237.00 feet, more or less, to a point for corner, said point being the southwest corner of a 5.21 acre tract of land conveyed Kathie Dodson Belt by deed recorded in Volume 297, Page 114, Real Property Records, Lamar County, Texas; THENCE East a distance of 450.60 feet to a point for corner, said point being in the centerline of a creek; THENCE along the centerline of said creek as follows: North 13 Deg. 19 Min. 31 Sec. East a distance of 92.51 feet; North 07 Deg. 40 Min. 34 Sec. East a distance of 22.70 feet; North 20 Deg. 46 Min. 27 Sec. East a distance of 21.70 feet; North 11 Deg. 20 Min. 19 Sec. West a distance of 125.51 feet; North 34 Deg. 37 Min. 16 Sec. West a distance of 37.70 feet; North 22 Deg. 08 Min. 17 Sec. West a distance of 107.90 feet; North 33 Deg. 36 Min. 16 Sec. West a distance of 77.90 feet; North 19 Deg. 06 Min. 57 Sec. West a distance of 64.02 feet; North 34 Deg. 54 Min. 37 Sec. West a distance of 57.91 feet; North 04 Deg. 17 Min. 29 Sec. West a distance of 46.87 feet; North 18 Deg. 59 Min. 42 Sec. East a distance of 54.66 feet; North 04 Deg. 34 Min. 25 Sec. East a distance of 69.46 feet; North 00 Deg. 32 Min. 27 Sec. West a distance of 22.98 feet to a point, said point being the southwest corner of a 7.73 acre tract of land conveyed Stephen Bellene by deed recorded in Volume 482, Page 326, Real Property Records, Lamar County, Texas; THENCE South 89 Deg. 48 Min. 17 Sec. East a distance of 647.13 feet to a point in the west boundary line of a 5.05 acre tract of land conveyed Richard Fergen by deed recorded in Volume 463, Page 168, Real Property Records, Lamar County, Texas; THENCE South 02 Deg. 03 Min. 39 Sec. East a distance of 149.85 feet to a point for corner, said point being the southwest corner of said 5.05 acre tract of land; THENCE South 89 Deg. 48 Min. 12 Sec. East a distance of 1,324.16 feet to a point for corner, said point being the southeast corner of a 5.002 acre tract of land conveyed William M. Gandy by deed recorded in Volume 465, Page 184, Real Property Records, Lamar County, Texas; THENCE North 02 Deg. 00 Min. 46 Sec. West a distance of 639.55 feet, more or less, to a point for corner in the existing Reno City Limit Line, said point being in the south right-of-way line of County Road 12100 (Old Clarksville Road) and being the northeast corner of said 5.002 acre tract of land; THENCE westerly along the existing Reno City Limit Line and the south right-of-way line of said County Road 12100 to a point which is 150 feet west of the intersection of the south right-of-way line of County Road 12100 and the west right-of-way line of County Road 12120 (Key West); THENCE northerly, parallel to and 150 feet west of the west right-of-way line of County Road 12120 a distance of 837 feet, more or less, to the point of beginning and containing 58.723 acres, more or less. TRACT 6 BEGINNING at a point in the south right-of-way line of County Road 12100 (Old Clarksville Road), said point also being the northeast corner of a 5.002 acre tract of land conveyed William M. Gandy by deed recorded in Volume 465, Page 184, Real Property Records, Lamar County, Texas; THENCE along the south right-of-way line of County Road 12100 (Old Clarksville Road) as follows: South 80 Deg. 29 Min. 02 Sec. east a distance of 490.02 feet; South 81 Deg. 35 Min. 19 Sec. East a distance of 235.22 feet; South 75 Deg. 22 Min. 33 Sec. East a distance of 58.58 feet; South 68 Deg. 33 Min. 10 Sec. East a distance of 60.12 feet; South 65 Deg. 59 Min. 01 Sec. East a distance of 126.95 feet; South 67 Deg. 51 Min. 25 Sec. East a distance of 99.63 feet; South 69 Deg. 30 Min. 30 Sec. East a distance of 349.08 feet; South 69 Deg. 24 Min. 30 Sec. East a distance of 51.30 feet; South 74 Deg. 01 Min. 32 Sec. East a distance of 62.54 feet to the northeast corner of 1,570.34 acre tract of land conveyed Joe Paul Cobb and Tom Cobb, Jr. by deed recorded in Volume 568, Page 722, Deed Records, Lamar County, Texas; THENCE South 00 Deg. 00 Min. OS Sec. East along the east boundary line of said 1,570.34 acre tract of land a distance of 1,642.20 feet, more or less, to the most easterly southeast corner of said 1,570.34 acre tract of land; THENCE South 89 Deg. 45 Min. 14 Sec. West a distance of 1,358.27 feet to a point for corner; THENCE South 00 Deg. 27 Min. 58 Sec. East a distance of 447.552 feet to a point of corner; ' THENCE along the line agreed to in Cause No. 64933, styled The City of Reno, Texas vs. The City of Paris, Texas and depicted on the map attached as Exhibit 1 to the Compromise Settlement & Release of All Claims, which is Exhibit II to the Judgment entered in said Cause on August 17, 1998, as follows: North 71 Deg. 49 Min. 04 Sec. West a distance of 2,089.958 feet, more or less, to a point, said point being Reno's existing south lift station; North 53 Deg. 39 Min. 34 Sec. West a distance of 542.298 feet to a point, said point being the southeast corner of 5.00 acre tract of land conveyed Joseph M. Hays and wife, Kimberly A. Hays, by deed recorded in Volume 778, Page 302, Real Property Records, Lamar County, Texas; North 40 Deg. 17 Min. 48 Sec. West a distance of 479.373 feet to a point; North 18 Deg. 34 Min. 14 Sec. West along said agreed line a distance of 748.159 feet to a point in the north boundary line of a 5.04 acre tract of land conveyed Earnest McIntyre; THENCE North 81 Deg. 48 Min. 39 Sec. East along the north boundary line of said 5.04 acre tract of land a distance of 368.460 feet, more or less, to a point, said point being the northwest corner of a 5.12 acre tract of land conveyed Neil Belt by deed recorded in Volume 282, Page 304, Real Property Records, Lamar County, Texas; THENCE southerly along east right-of-way line of County Road 12140 a distance of 858.70 feet, more or less, to a point for corner, said point being the southwest corner of a 5.21 acre tract of land conveyed Kathie Dodson Belt by deed recorded in Volume 297, Page 114, Real Property Records, Lamar County, Texas; THENCE East a distance of 450.60 feet to a point for corner, said point being in the centerline of a creek; THENCE along the centerline of said creek as follows: North 13 Deg. 19 Min. 31 Sec. East a distance of 92.51 feet; North 07 Deg. 40 Min. 34 Sec. East a distance of 22.70 feet; North 20 Deg. 46 Min. 27 Sec. East a distance of 21.70 feet; North 11 Deg. 20 Min. 19 Sec. West a distance of 125.51 feet; North 34 Deg. 37 Min. 16 Sec. West a distance of 37.70 feet; North 22 Deg. 08 Min. 17 Sec. West a distance of 107.90 feet; North 33 Deg. 36 Min. 16 Sec. West a distance of 77.90 feet; North 19 Deg. 06 Min. 57 Sec. West a distance of 64.02 feet; North 34 Deg. 54 Min. 37 Sec. West a distance of 57.91 feet; North 04 Deg. 17 Min. 29 Sec. West a distance of 46.87 feet; North 18 Deg. 59 Min. 42 Sec. East a distance of 54.66 feet; North 04 Deg. 34 Min. 25 Sec. East a distance of 69.46 feet; North 00 Deg. 32 Min. 27 Sec. West a distance of 22.98 feet to a point, said point being the southwest corner of a 7.73 acre tract of land conveyed Stephen Bellene by deed recorded in Volume 482, Page 326, Real Property Records, Lamar County, Texas; THENCE South 89 Deg. 48 Min. 17 Sec. East a distance of 647.13 feet to a point in the west boundary line of a 5.05 acre tract of land conveyed Richard Fergen by deed recorded in Volume 463, Page 168, Real Property Records, Lamar County, Texas; THENCE South 02 Deg. 03 Min. 39 Sec. East a distance of 149.85 feet to a point for corner, said point being the southwest corner of said 5.05 acre tract of land; THENCE South 89 Deg. 48 Min. 12 Sec. East a distance of 1,324.16 feet to a point for corner, said point being the southeast corner of a 5.002 acre tract of land coriveyed William M. Gandy by deed recorded in Volume 465, Page 184, Real Property Records, Lamar County, Texas; THENCE North 02 Deg. 00 Min. 46 Sec. West a distance of 639.55 feet, more or less, to the point of beginning and containing 142.92 acres, more or less, said property described herein being that portion of a 1,570.34 acre tract of land conveyed Joe Paul Cobb and Tom Cobb, Jr. by deed recorded in Volume 568, Page 722, Deed Records, Lamar County, Texas, that portion of a 5.22 acre tract of land conveyed Edwin K. Ballard by deed recorded in Voliune 766, Page 154, Real Properiy Records, Lamar County, Texas, that portion of a 5.00 acre tract of land conveyed Joseph m. Hays and wife, Kimberly A. Hays, by deed recorded in Volume 778, Page 302, Real Property Records, Lamar County, Texas, that portion of a 5.00 acre tract of land conveyed Marc E. White and wife, Terry L. White, and that portion of a 5.01 acre tract of land conveyed Earnest E. McIntyre that lies nortli and northeast of the line agreed to in Cause No. 64933, styled The City of Reno, Texas vs. The City of Paris, Texas and depicted on the map attached as Exhibit 1 to the Compromise Settlement & Release of All Claims, which is Exhibit II to the Judgment entered in said Cause on August 17, 1998. TRACT 7 BEGINNING at a point, said point being in the east right-of-way line of FM 1510 a distance of 600 feet south of the south right-of-way line of County Road 12100 (Old Clarksville Road); THENCE South 00 Deg. 44 Min. 20 Sec. East a distance of 329.562 feet to a point in the east right-of-way line of FM 1510; THENCE South 56 Deg. 30 Min. 45 Sec. West along the line agreed to in Cause No. 64933, styled The Ciry of Reno, Texas vs. The City of Paris, Texas and depicted on the map attached as Exhibit 1 to the Compromise Settlement & Release of All Claims, which is Exhibit II to the Judgment entered in said Cause on August 17, 1998, a distance of 405.813 feet, more or less, to a point in the west boundary line of a 2.91 acre tract of land owned by Herman Carroll; THENCE North 00 Deg. 31 Min. 22 Sec. East a distance of 584.720 feet, more or less, to a point in the existing Paris City Limit Line as described in Ordinance No. 97-059 and the existing Reno City Limit Line, said point being a distance of 600 feet south of the south right-of-way line of County Road 12100 (Old Clarksville Road); THENCE South 78 Deg. 25 Min. 13 Sec. East along the Paris and Reno City Limit Lines a distance of 343.131 feet, more or less, to the point of beginning and containing 2.29 acres, more or less, said property described hereiq being that portion of a 2.91 acre tract of land conveyed Sherry E. Carroll by deed recorded in Volume 284, Page 111, Real Property Records, Lamar County, Texas, that lies north of the line agreed to in Cause No. 64933, styled The Ciry of Reno, Texas vs. The City of Paris, Texas and depicted on the map attached as Exhibit 1 to the Compromise Settlement & Release of All Claims, which is Exhibit II to the Judgmept entered in said Cause on August 17, 1998. Section 2. That the present boundaries of District 7 of the City of Paris, be, and same are hereby, amended so as to exclude the above-described property therefrom. Section 3. That the City Engineer, Earl Smith, be, and he is hereby, directed to amend the Official City Limits Map and the Voting District Map so as to exclude the above-described territory therefrom. Section 4. That, if the above-described territory has not been annexed into the City of Reno prior to April 1, 1999, the same shall become subject to the extraterritorial jurisdiction of the City of Paris. Section 5. It is hereby declared to be the intention of the City Council of the City of Paris that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared unconstitutional or invalid by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any unconstitutional or invalid phrases, clauses, sentences, paragraphs, or sections. Section 6. This ordinance shall become effective immediately upon passage. PASSED AND ADOPTED this 28th day of December, 1998. Jerr L Thomas, Mayor Pro Tem ATTEST: , Mattie Cunningham, City Cler APPROVED AS TO FORM: ~ ~ cott P. Foster, City Attorney