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07-H Brown Annexation PetitionDRAFT F:ALICE\RESWORK\CiJRRENT\ Brown Annexation Petition Res July 6, 2004 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, GRANTING A PETITION FOR ANNEXATION OF CERTAIN TERRITORY CONSISTING OF 3.662 ACRES, MORE OR LESS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Paris is in receipt of a Petition for Annexation for the annexation of certain territory consisting of 3.662 acres, more or less; and, WHEREAS, the City Council finds and determines that the petition was signed by all of the qualified voters residing or owning property in the area requested to be annexed in compliance with Section 6 of the Charter of the City of Paris and filed with the City of Paris on June 25, 2004; and, WHEREAS, the City Council further finds and determines that the property requested to be annexed into the city of Paris is one-half mile or less in width, is contiguous to the existing city limit line, and is vacant and without residents or has fewer than three (3) qualified voters who reside on the property, in compliance with Section 43.028 of the Local Government Code; and, WHEREAS, the City Council further finds and determines that the petition is in proper form and in all things complies with the requirements of Section 43.028(c) of the Local Government Code and the applicable provisions of the City Charter; and, WHEREAS, the City Council further finds and determines that, in accordance with Section 43.028(d) of the Local Government Code, a hearing on the petition was had before the City Council on July 12, 2004, a date after the Sth day but on or before the 30th day after the date the petition was filed with the City Clerk in order to hear the petition and the arguments for and against the annexation; and, WHEREAS, after hearing such petition and the arguments for and against the same, the City Council deems it appropriate to grant such petition to annex said territory into the city of Paris, Texas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, 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 Petition for Annexation, a copy of which is attached hereto and for all purposes incorporated herein, for the annexation of the following described property, to wit: Being all that certain tract of land situated in the City of Paris, Lamar Count, Texas, a part of the Wesley Askins Survey, Abstract #7, conveyed to Wayne D. Brown by deed recorded in Volume 1240, Page 25, of the Lamar County Real Property Records and being further described as follows: Beginning at an iron pin found for corner in the North Line of Abby Lane, and in the center of a creek, said being the most Southerly Southwest corner of a tract of land conveyed to Bradley K. Drake and wife, Julie L. Drake by deed recorded in Volume 1110, Page 294, of the Lamar County Real Property Records; Thence South 45°38'18" West along the South line of Brown tract and along the North line of Abby Lane a distance of 175.00 feet to an iron pin set for the Easterly Southeast corner of a tract of land conveyed to Michael S. Kennedy and wife, Jana F. Kennedy by deed recorded in Volume 1007, Page 327, of the Lamar County Real Property Records; Thence North 44°22' West along the Southwest line of Brown tract to the most Westerly corner of Brown tract and along the most Easterly line of said Kennedy in all a distance of 599.63 feet to an iron pin found in the South line of a tract of land conveyed to Wayne D. Brown by deed recorded in Volume 949, Page 296, of the Lamar County Real Property Records; Thence North 28° 37' East a distance of 207.09 feet to an iron pin found for corner in the center of said creek; Thence Southeasterly generally with the center of said creek the following: South 75° 13' 59" East a distance of 150.99 feet; North 50° 33' 20" East a distance of 23.85 feet; South 73° 55' 55" East a distance of 61.14 feet; North 88° 13' 17" East a distance of 38.34 feet; South 31 ° 18' 27" East a distance of 3 8.21 feet; South 19° 31' 47" East a distance of 21.07 feet; South 17° 42' 23" West a distance of 48.93 feet; South 4° 48' West a distance of 59.88 feet; South 30° 27' 03" East a distance of 53.16 feet; South 11° 23' 3 5 " East a distance of 52.37 feet; South 43° 51'5 8" East a distance of 176.41 feet; South 14° 37' 0 1" East a distance of 68.10 feet to the place of beginning containing 3.662 acres of land. be, and the same is hereby, granted. Section 3. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 12th day of July, 2004. Curtis Fendley, Mayor ATTEST: Sherian Dixon, Assistant City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney STATE OF TEXAS COUNTY OF LAMAR KNOW ALL MEN BY THESE PRESENTS: PETITION FOR ANNEXATION TO THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: This petition is presented to the Mayor and Members of the City Council pursuant to the terms and provisions of Section 43.028 of the Local Government Code, entitled "Authority of Municipalities to Annex Partially Occupied Area on Petition of Area Land Owners," as well as the requirements of Section 6 of the Charter of the City of Paris. The undersigned owners of the hereinafter described tract or tracts of land which are vacant and without residents, or on which less than three qualified voters reside, hereby petition the Mayor and Members of the City Council of the City of Paris, as the governip.9 body of the City of Paris, to extend the present city limits so as to include as part of the city of Paris the property described by metes and bounds on Exhibit A, attached hereto. We certify that the property described on Exhibit A, attached hereto, is contiguous and adjacent to the current city limits of the city of Paris, is not more than one-half mile in width, and that this petition is signed and duly acknowledged by each and every person or corporation having an interest in said land. We further certify that this petition is filed by all of the qualified voters residing or owning property in the area requested to be annexed and that the below signatories own all of the area being requested to be annexed. Sigr►ed: Signed: Signed: Signed: Field Notes Being all that certain tract of land situated in the City of Paris, Lamar County, Texas, a part of the Wesley Askins Survey, Abstract #7, conveyed to Wayne D. Brown by deed recorded in Volume 1240, Page 25, of the Lamar County Real Property Records and being further described as follows: Beginning at an iron pin found for corner in the North Line of Abby Lane, and in the, center of a creek, said pin being the most Souther(y Southwest corner of a tract of land conveyed to Bradley K. Drake and wife, Julia L Drake by deed recorded in Volume 1110, Page 294, of the Lamar County Real Property Records; Thence South 45° 38' 18" West along the South line of Brown tract and along the North line of Abby Lane a distance of 175.00 feet to an 'uon pin set for the Easterly Southeast corner of a tract of land conveyed to Michael S. Kennedy and wife, Jana F. Kennedy by deed recorded in Volume 1007, Page 327, of the Lamar County Real Property Records; Thence North 44° 22' West along the Southwest line of Brown tract to the most Westerly corner of Brown tract and along the most Easterly line of said Kennedy in all a distance of 599.63 feet to an iron pin found in the South line of a tract of land conveyed to Wayne D. Brown by deed recorded in Volume 949, Page 296, of the Lamar County Real Property Records; Thence North 281 37' East a distance of 207.09 feet to an iron pin found for corner in the center of said creek; Thence Southeasterly generally with the center of said creek the following: South 75° 13' 59" East a distance of 150.99 feet; j, North 50° 33' 20" East a distance of 23.85 feet; South 73° 55' 55" East a distance of 61.14 feet; North 880 13' 1 T' East a distance of 38.34 feet; South 31° 18' 27" East a distance of 38.21 feet; South 19° 31' 47" East a distance of 21.07 feet; South 17 42' 23" West a distance of 48.93 feet; South 4° 48' West a distance of 59.88 feet; South 30° 27' 03" East a distance of 53.16 feet; South 11 ° 23' 35" East a distance of 52.37 feet; South 43° 51' 58" East a distance of 176.41 feet; South 14° 37' O 1" East a distance of 68.10 feet to the place of beginning containing 3.662 acres of land. •'~'r- P~~~ T`~--ry I, R. Brandon Chaney, Registered Professional Surveyor, No. 4057, hereby certify that ~lc~ GIS I improvements aze as shown on the above property as of re-/.~ 'Z S' , 2003. ~4: Q~ ~~.1~~~~~.....~~~~~3~0 i R. BRANDON CHANEY i 2 • ~ . l,AF 0-5io T;.P R. Brandon Chaney R. P. . S. No. 40 Fg,,~ ~1 Da ~t4of ~5 F.LP. r=°13~ 3.662 Acses / / Michul S. I{eanedy J~F.~y VoL 1007, Pg. 327 LCRPR Scale: l" = 200' Scale: l" = 50' ~$°IId Mar. 24, 2003 F.I.P. Found Iron Pia Filcaamc S.I,p, Set Ison Pia 055FEB03 p,O.B. Poiat of Beg~aniag ~~9 ~n~°B Inc. 72219rh S.E. St p=~~ by; Puis Tz 75460 Phoae:903-784-6393 Fu: 903-783-9629 i D. WAYNE BROWN / VOL 949, PG. 296 / LC.RP.R / / / Bradlry K Diake ulia L. Dcnke LC.R.P.K.~94 ti~~'~ q e~ o`~~ ~ %j ~~a ~ NUM. DIRECITON DIST. LI N 50°33'20" E 23.85' L2 S 73°55'S5" E 6t:14' L3 N 88°13'17" E 38.34' I.4 S 31°i8'27" E 38.21' IS S 19°31'47" E 21.OT L6 S 17°42'23" W 48.93' L7 S 04°4T 59" W 59.88' L8 S 30°27'03" E 53.16' L9 S l i°23'35" E 5237' L10 S 14°37'Ol" E 68.10' Coac~ '~P,~ G S t Pzsi -,:r ~ Fp i ~•..~•••......N CNANEY~. ~ R. BRAPd~O : A9 4G57 T., ~ ~q' °,~ESS1o;.yOP , '~~UrY''f•~ _ b `vbl., " Lo ~o 44 • b• 'L`.'~i. ti~\~s t _ , STATE OF TEXAS COUNTY OF LAMAR BEFORE ME,,,the undersigned authority, on this day personally appeared known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he/they executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this N+4day of , 20_ V`.J Notary Public, State o exas Ja ~d~p\110~IIbqN , . USA WR;GHT . E PJOTAfiY PUBLIC ~ S iATE OF TEXAS t~/ Comm+„ion Expires 9-20-200