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96-001ORDINANCE NO. 96-001 AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF PARIS, PARIS, TrXAS, AND THE ANNEXATION OF CERTAIN TERRITORY CONSISTING OF 90.4 ACRES, MORE OR LESS, WIiICH IS LCSS TT-iAN TCN PERCENT (10%) OF THE TERItITORY INCLUDED WITIIIN TTS PRESENT CITY LINItTS, WHICII SAID TERRITORY LIES ADJACE NT TO AND ADJOINS 'fTII; PRE, SrNT I30UNDARY LIMITS OI+ TIIE CITY OF PARIS, PARIS, TEXAS; APPROVING SERVICE PLANS AND PROVIDTNG ZONING rOR SAID TrRRITaRY. WHEREAS, public hearings before the City Counci( of the City of Paris, Paris, Texas, where all interested persons were provided witli an opportunity to be ileard on the proposed annexation of the following described property: TRACT i - 20.32 ACRF,S: SITUATED about 3 miles North of the City of Paris, Lamar County, Texas, a part of the Reddin Russell Survey, being a plrt of a 35.6 acre tract of land conveyed to Campbell Soup Company, a New Jersey Corporation by deed recorded in Vol. 565, Page 113, Lam1r County Deed Records and being a part of a 34.128 acre tract of land conveyed to Campbell Soup Company, a New Jersey Corporation by deed recorded in Vol. 700, Page 922, Lamar County Deed Records and being further described as follows: PARCrI T: BEGINNING at an iron pin for corner situated Soudi 6° 02' 20" West a distance of 617.91 feet and North 84° 23' West a distance of 122.36 feet from the Northeast corner of saicl 34.128 acre tract; THENCE South 50 37' West a distance of 1601.04 feet to an iron pin for corner in the West Line of a Railroad Spur right-of-way and a curve to the rigllt having a radius of 586.62 feet; THENCC Southwesterly witil said curve to the right having a long chord bearing South 35° 15' West 83.94 feet, 1n arc distance of 84.01 feet to an iron pin for corner; THENCE North 84° 23' West a distance of 468.5 to an iron pin for corner; THENCE North 5° 37' East a distance of 1674.0 feet to an iron pin for corner; THENCE South 84° 23' East a distance of 510.0 feet to the PLACE OF BEGIMVING and containing 852,310 square feet of land, also containing 19.566 acres of land. PARCEL II: COMMENCING at an iron pin in the South Line of Lake Crook Road, the Northeast corner of said 34.128 acre tract; THENCE South 6° 02' 20" West witli the East Line of said 34.128 acres a distance of 617.91 feet; TIIENCE North 84° 23' West a distance of 237.36 feet to a point for corner; THENCE South 5° 37' West a distance of 355.00 feet to an iron pin for the PLACE Or BEGINrTING; TIIENCE Soutli 5° 37' West a distance of 134.00 feet to an iron pin for corner; THENCE North 84° 23' West a distance of 146.00 feet to an iron pin for corner; TIIENCE North 5° 37' E1st a distance of 134.00 feet to an iron pin for corner; THENCr South 84° 23' East a distance of 146.00 feet to the place of beginning and containing 19,564 square feet of land. PARCEL III: COMMENCING at an iron pin in the South Line of Lake Crook Road, the Northeast corner of said 34.128 acre tract; THENCE South 6° 02' 20" West with tlie East Line of said 34.128 acres a distance of 617.91 feet; THENCE North 84° 23' West a distance of 237.36 feet to a point for corner; THENCE South 5° 37' West a distance of 360.00 feet to an iron pin for the PLACE OF BEGINNING; THENCE South 84° 23' East a distance of 135.00 feet to an iron pin for corner in the West Line of a Texas Utilities Transmission Line Easement; THENCE South 5° 37' West witli said West Line a distance of 100.00 feet to an iron pin for corner; THENCE North 84° 23' West a distance of 135.00 feet to an iron pin for corner; THENCE Nortli 5° 37' East a distance of 100.00 feet to the place of beginning containing 13,500 square feet of land. TRACT II - 70.08 ACRES: SITUATED about 5 miles North 22° West of the City of Paris, County of Lamar, and State of Texas, a part of the James Dalton Survey #249, and being the same tract of land conveyed Richard B. Swint by deed recorded in Volume 375, Page 464, Deed Records, Lamar County, Texas, and being more particularly described as follows: BEGINNING at a stake for corner at the most southerly southeast corner of said Dalton Survey, said point being tile soutileast corner of said Swint tract of land; THENCE North a distance of 2445 feet to a stake for corner at the northeast corner of said tract of land; THENCE West a distance of 1614 feet to a stake for corner at the present northwest corner of said Swint tract of land; THENCE South along the center of an old road a distance of 2445 feet to a stake for corner at the present southwest corner of said tract of land; THENCE East a distance of 1614 feet to the place of beginning, containing 90.59 acres of land. SAVE AND EXCEPT THE FOLLOWING: SITUATED about 5 miles Nortli 22° West of the City of Paris, County of Lamar, and State of Texas, a part of the James Dalton Survey #249, and being a part of a tract of land conveyed Richard B. Swint by deed recorded in Volume 375, Page 464, Deed Records, Lamar County, Texas, and being more particularly described as follows: BEGINNING at a stake for corner in the East Boundary Line of said Swint tract of land, said point being North a distance of 572 feet from the southeast corner of same; ' THENCE West a distance of 833 feet, to a stake for corner; THENCE Northerly along the East Boundary Line of a 60 foot road as follows: Northerly around a 30.0945° curve to the right a distance of 74 feet; Nortli 18° East a distance of 450 feet; Northerly around a 14.768° curve to the left a distance of 203 feet; Nortli 12° West a distance of 40 feet to a stake for corner; . THENCE East a distance of 683 1'eet to a stake for corner in tlle East Boundary Line of said Swint tract of land; THENCE South a distance of 741 feet to the place of beginning, containing 12.51 acres of land. 2 were held at Paris, Texas, by and before the Planning and Zoning Commission of the City of Paris, Paris, Texas, on the Sth day of September, 1995, at 5:30 o'clock p.m. in the Council Room, City Hall, Paris, Texas; by and before the City Council of the City of Paris, Paris, Texas, in Regular Session convened on the 7th day of September, 1995, at 6:00 o'clock p.m., in the Council Room, City Hall, Paris, Texas; and, by and before the City Council of the City of Paris, Paris, Texas, in Regular Session convened on the l lth day of September, 1995, at 6:00 o'clock p.m. in the Council Room, City Hall, Paris, Texas, wliicll dates are not more than forty (40) nor less than twenty (20) days prior to the institution of annexation proceedings; and, WHEREAS, notice of suclt public hearings was published in a newspaper having general circulation in the City of Paris, Texas, and in the above described territory, on the 20th and 27th days of August, 1995, whicli dates are not more than twenty (20) nor less than ten (10) days prior to the date of sucli public liearings; and, WHEREAS, the total corporate area of the City of Paris, Paris, Texas, on tlie first day of January, 1995, was 17,961.29 acres; and, WHEREAS, the population of the City of Paris, Paris, Texas, was in excess of 25,000 and less than 50,000 inhabitants, as determined by the 1980 Census; and, WHEREAS, the above described territory lies within the extraterritorial jurisdiction of the City of Paris, Paris, Texas; and, WHEREAS, the above described territory lies adjacent to and adjoins the City of Paris, Paris, Texas; and, WHEREAS, the above described territory contains 98.4 acres, more or less, wllich, when added to other property annexed in the year 1995, is less than ten percent (10 of the present acreage contained i» the corporate limits of the City of Paris, Paris, Texas; and, , WHCREAS, service plans providing for the extension of municipal services to the above described territory should be approved; and, WHEREAS, the above described property should be properly zoned as of the date of annexation; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS: Section 1. The following described land and territory lying adjacent to and I I' adjoining the City of Paris, Paris, Texas, is hereby added and annexed to the City of Paris, Paris, Texas, and said territory hereinafter described shall hereafter be included within the boundary limits of the City of Paris, Paris, Texas, and the present boundary limits of said City, at the various points contiguous to the area hereinafter described, are altered and amended so as to include said area within the corporate limits of the City of Paris, Paris, Texas, to-wit: TRACT I - 20.32 ACRCS: SITUATED about 3 miles North of the City of Paris, Lamar County, Texas, a part of tlle Reddin Russell Survey, being a part of a 35.6 acre tract of land conveyed to Campbell Soup Company, a New Jersey Corporation by deed recorded in Vol. 565, Page 113, Lamar County Deed Records and being a part of a 34.128 acre tract of land coiiveyed to Campbell Soup Company, a New Jersey Corporation by deed recorded in Vol. 700, Page 922, Lamar County Deed Records and being further described as follows: 3 PARCEL I: BEGINNING at an iron pin for corner situated South 6° 02' 20" West a distance of 617.91 feet and North 84° 23' West a distance of 122.36 feet from the Northeast corner of said 34.128 acre tract; THENCE South 5° 37' West a distance of 1601.04 feet to an iron pin for corner in the West Line of a Railroad Spur right-of-way and a curve to the right having a radius of 586.62 feet; THENCE Southwesterly with said curve to the right having a long chord bearing South 35° 15' West 83.94 feet, an arc distance of 84.01 feet to an iron pin for corner; THENCE North 84° 23' West a distance of 468.5 to an iron pin for corner; THENCE North 5° 37' East a distance of 1674.0 feet to an iron pin for corner; THENCE South 84° 23' East a distance of 510.0 feet to the PLACE OF BEGINNING and containing 852,310 square feet of land, also containing 19.566 acres of land. PARCEL II: COMMENCING at an iron pin in the South Line of Lake Crook Road, the Northeast corner of said 34.128 acre tract; THENCE South 6° 02' 20" West with the East Line of said 34.128 acres a distance of 617.91 feet; . THENCE 84° 23' West a distance of 237.36 feet to a point for corner; THENCE South 5° 37' West a distance of 355.00 feet to an iron pin for the PLACE OF BEGINNING; THENCE South 5° 37' West a distance of 134.00 feet to an iron pin for corner; THENCE Nortli 84° 23' West a distance of 146.00 feet to an iron pi n for corner; THENCE North 5° 37' East a distance of 134.00 feet to an iron pin for corner; THENCE South 84° 23' East a distance of 146.00 feet to the place of beginning and containing 19,564 square feet of land. PARCEL III: COMMENCING at an iron pin in the South Line of Lake Crook -Road, the Northeast corner of said 34.128 acre tract; THENCE South 6° 02' 20" West with the East Line of said 34.128 acres a distance of 617.91 feet; THENCE North 84° 23' West a distance of 237.36 feet to a point for corner; THENCE South 5° 37' West a distance of 360.00 feet to an iron pin for the PLACE OF BEGIIVNING; THENCE South 84° 23' East a distance of 135.00 feet to an iron pin for corner in the West Line of a Texas )Utilities Transmission Line Easement; THENCE South 5° 37' West witll said West Line a distance of 100.00 feet to an iron pin for corner; THENCE North 84° 23' West a distance of 135.00 feet to an iron pi n for corner; . THENCE North 5° 37' East a distance of 100.00 feet to the place of beginning containing 13,500 square feet of land. 4 TRACT II - 70.08 ACRES: SITUATED about 5 miles North 22° West of the City of Paris, County of Lamar, and State of Texas, a part of the James Dalton Survey #{249, and being the same tract of land conveyed Richard B. Swint by deed recorded in Volume 375, Page 464, Deed Records, Lamar County, Texas, and being more particularly described as follows: BEGINNING at a stake for corner at the most southerly southeast corner of said Dalton Survey, said point being the southeast corner of said Swint tract of land; THENCE North a distance of 2445 feet to a stake for corner at the northeast corner of said tract of land; THENCE West a distance of 1614 feet to a stake for corner at the present northwest corner of said Swint tract of land; THENCE South along the center of an old road a distance of 2445 feet to a stake for corner at the present southwest corner of said tract of land; THENCE East a distance of 1614 feet to the place of beginning, containing 90.59 acres of land. SAVE AND EXCEPT THE r'OLLOWING: SITLJATED about 5 miles North 22° West of the City of Paris, County of Lamar, and State of Texas, a part of the James Dalton Survey #249, and being a part of a tract of land conveyed Richard B. Swint by deed recorded in Volume 375, Page 464, Deed Records, Lamar County, Texas, and being more particularly described as follows: BEGINNING at a stake for corner in the East Boundary Line of said , Swint tract of land, said point being Nortli a distance of 572 feet from the southeast corner of same; THENCE West a distance of 833 feet to a stake for corner; ~ THENCE Nortllerly along the East Boundary Line of a 60 foot road as follows: Northerly around a 30.0945° curve to the right a distance of 74 feet; Nortli 18° East a distance of 450 feet; Northerly around a 14.768° curve to the left a distance of 203 feet; Nortli 12° West a distance of 40 feet to a stake for corner; TI-IENCE East a distance of 683 feet to a stake for corner in the East Boundary Line of said Swint tract of land; THENCE South a distance oF 741 feet to the place of beginning, containing 12.51 acres of land. ~ Section 2. The above described territory and area so annexed shall be part of the City of Paris, Paris, Texas, and the property so added hereby shall bear its pro rata part of the taxes levied by the City of Paris, Paris, Texas, and the inhabitants thereof shall be entitled to all of the rights and privileges of ali the citizens and shall be bound by the acts, ordinances, resolutions and regulations of the City of Paris, Paris, Texas. Section 3. The service plans providing for tlle extension of municipal services into tlle above described territory, attached liereto as Exhibit A, for TRACT I, and Exhibit B for TRACT II are hereby approved. Section 4. The above described terrilory identified as TRACT I, is hereby zoned Heavy Industrial District (HI), and the above described territory identified as TRACT II, is hereby zoned Public Lands and Institutions District (PLI) upon annexation as provided for in Zoning Orciinance No. 1710 of the City of Paris, Paris, Texas. 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 5 severable, and if any phrase, ciause, 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, paragraplis and sections of this ordinance, since the ~ same would liave been enacted by the City Council without the incorporation in this ordinance of any unconstitutional or i»valid phrases, clauses, sentences, paragraphs or sections. It is further hereby declared to be the intention of the City Council of the City of Paris to exclude any area or areas described in the description of tlie property to be annexed, which are not within said City's jurisdiction to annex and that such area or areas should be carved out of the description by the valid judgment or decree of any court of competent jurisdiction, in order that such area or areas would not cause this annexation ordinance to be found to be invalid, voidable or void. Section 6. This ordinance shall be published and passed in the manner provided in Article II, Section 7, of the Charter of the City of Paris, Paris, Texas. PASSED AND ADOPTED this 2nd day of January, 1996. . lzp Charles E. Fullbrig t, Ma, r Pro Tem ATTEST: Mattie Cunningham, City Clerk APpROVED AS TO FORM: ~ - T. K. Haynes, City Attorney 6 SERVICE PLAN PROPOSED ANNEXATION OF A 20.32 ACRE TRACT OF LAND WEST OF HIGHWAY 271 NORTH AND SOUTH OF LAKE CROOK ROAD (TENASKA PROPERTY) PROPOSED SERVICE PROGRAM: 1, IMMEDIATELY UPON ANNEXATION, THE CITY WILL FURNISH POLICE PROTECTION, AND FIRE PROTECTION ON THE SAME BASIS AS IS OFFERED PRESENT LAND OWNERS WITHIN THE CITY LIMITS. 2. THE PROPERTY ON THIS TRACT OF LAND WILL BE SERVED BY CITY WATER, LONE STAR GAS AND TEXAS UTILITIES ELECTRICIAL SERVICE5. 3. THE CITY OF PARIS WILL MANTAIN ALL WATER MAINS SERVICING THE ARFA. THE OWNER WILL PROVIDE ON SITE SEWERAGE DISYOSSAL AS NO CITY SEWER IS AVAILIABLE TO THIS TRACT OF LAND AT THIS TIME. 4. THIS TRACT OF LAND IS IN A HEAVY INDUSTRIAL AREA. 5. STREET LIGHTING IS THE RESPONSIBILITY OF THE CITY OF PARIS AND WILL BE PROVIDED TO THE AREA ON THE SAME BASIS AS IS PROVIDED FOR OTHER AREAS IN THE CITY LIMITS. REQUESTS FOR STREET LIGHTS ARE SUBMITTED TO THE CITY MANAGER,S OFFICE FOR INVESTIGATION OF NEED IN ACCORDANCE WITH APPROVED POLICY. E:rHTBIT A TRACT 1 SERVICE PLAN PROPOSED ANNEXATION OF 70.08 ACRS TRACT OF LAND NORTH OF LAKE CROOK PROPOSED SERVICE PROGRAM: 1. NO SERVICES NEED BE PROVIDED AS TRACT OF LAND IS UNINHABITED. ~ ExHIBZT E TRACT 2