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17-Applicaton for Disannexation from Bob and Martha CrockettCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 10/18/2011 Council Date: City Clerk Janice Ellis 17. 10/24/2011 RECOMMENDED MOTION: Not an action item. POLICY ISSUE(S): Disannexation. BACKGROUND: This item is for informational purposes only. An application for disannexation from Bob and Martha Crockett was filed with the City Clerk's Office on October 7, 2011. The Engineering Department has submitted an aerial map of the property showing that it fronts on Smallwood Road just east of Wildwood Lane in Council District No. 7, City of Paris, Texas. The map also shows that this property is served by Police District #2, Fire District 1D and 2A, and Emergency Medical Services District No. East 1. BOARD/COMMISSION RECOMMENDATION: EXHIBITS: The attached petition for disannexation and aerial map. ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $ ❑ Department Report ❑ Resolution Budgeted Amt. $ ❑ Presentation ❑ Ordinance ❑ P bli H i y'I'D Actual $ u ear c ng ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: M Administration M City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court M Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities City of Paris Revised 2/04/08 91 Vti. i-✓JJ-C..✓J11 1V • CJV I I V I11• k- 1 1 1 I'l 1 I Vt`,IYL 1 J'VJ I VG 71 Cl 1 V• 7✓JJ 1 J0 1 K . ~f PFi ~ , ~ ~ APPLICATiON FOR DISANNEXATI4N ' _ NAME l1F APPLICANT(S):~~~ 'f MAtLING ADIaRBSS:V_~/ / 61?- TELEPIiQNE NUMBER, VpT]NG DISTRICT NUMBER: ~ (khis information may be obtained through the City Clerk af the City of Paris) VQTER REG[5TRATION NUMBER: ADDRESS QF PROPE;RTY; I/We, the undersigned awner(s) of the above-described property, do hereby peCitian the City of PariS ta disannex my/aut• property far the Following reasons: 6, REQiJIREMENTS: Attach a comp{eke copy of the lacest deed of record for the above- described praperty evidencing awnership. This deed must include a legal descriptian af the property requesCed to be disannexed aiong wfth a plat or a drawing indicating the area to be disannexed. 1/We understand that the City of Paris has no obiJgatian to disannex property except as may be required by law. This application must be compleced, in its entireCy, with alt required attach ents. Applicant(s 5ignature _ pate I O , 4 / Applicant(s) Signature Date 92 App►ication for Disannexation Oct. 6, 2011 Martha and Bob Crockett RE: Property ID 50187, Smallwood RD This is an agricultural tract which was not platted as a part of Wildwood Estates. Wildwood was divided into 5 acre plats. This property was sold as a separate tract of 17 acres, not bound by the same restrictions. It is adjacent to agriculture property owned by Joe Hutchison, and should be treated the same. We are offered no water, electrical, sewer, police or fire protection. Recently, road repair was done on Smallwood Rd. as far as the intersection of Wildwood Ln. The area past Wildwood was not included. This is clearly evidenced by the new gravel which was laid as far as Wildwood Ln., but no further.. I have called the city when the bar ditches were overgrown only to be told they are not responsible for that area. Fortunately, the last time the ditches were shredded on Wildwood Ln, I was there, and asked the operator to include the ditches in front of our property. Kindly, he agreed to do so. Clearly, this tract is currently being offered no city services. City of Paris engineering department indicates there are no plans for services to be offered in the future. Therefore, we request the right to disannex this property from the city of Paris. 93 t 1 1 R R F2 A N T Y D E E D (with vendor's lien) THE STATE OF TEXAS ) ) KNOW ALL MEN BY THESE PRESENTS: CaUNTY OF LAMAR ) THAT WE, D. A. ENSEY, JR. (a/k/a Don Ensey) and wi€e, ELSIE M. ENSEY, of the County of Lamar, State of Texas, for and in consideration of the sum of Ten ($10.00) and more Dollars to us cash in har.d paid by BCB CROCREfiT and wi=e, MARTHA CROCKETT, receipt of which is hereby acknowledged; and Fifty thousand and no/100 ($50,000.00) Dollars paid by FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF PARIS, Paris, Texas, for the grantees herein at their special instance and request, which sum of $54,000.00 is evidenced by vendor's lien note of grantees herein of even date herewith, payable to FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF PARIS as therein provided, secured by the vendor's lien herein retained and additionally secured by deed of trust of even date herewith to Richard M. Amis, Trustee, for the benefit of the holder of said note. The vendor's lien herein retained is hereby transferred and assigned to FIRST FEDERAL SAVINGS AND LOAN AS50CIATION OF PARI5, Paris, Texas, and it is subrogated to all the rights thereto as if it were the original grantor herein; have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey unto BOB CROCKETT and wife, MARTHA 56q PRGf 1?'7" - 94 CROCKETT, herein called grantees, of the County ol' Lamar, State of Texas, whose mailing address is 4319 Smallwood Road, Paris, Texas 75462, all that certain tract or parcel of land in Lamar County, Texas described as foTlows: A tract of 17.250 acres of land in the WESLEY ASKINS SURVEY, No. 7, about four (4) miles North 68 Deg. East of the City of Paris, and being part of a 38.24-acre tract of land conveyed to Don A. Ensey by deed of record in Bcok 418, Page 292, Lamar County Real Property Records; more particularly described in Exhibit "A" attached hereto and made a part hereof for all necessary purposes, being the plat and field notes of a survey made by J. M. Nelson, Registered Professional Land Surveyor, dated September 28, 1995. The conveyance evidenced by this deed is made subject to the following, to the extent each affects the within de- scribed property or any part thereof: 1. Easements and rights-of-way from Boyce F. Reed to Texas Power & Light, dated November 24, 1954 and February 15, 1955, respectively of record in Book 341, Page 224, and in Book 341, Page 470, Lamar County Deed Records. 2. Easement from D. A. Ensey, Jr, to Texas Power & Light, dated June 30, 1970, of record in Book 5221 Page 100, Lamar County Deed Records. 3. Right-of-way easement from D. A. Ensey, Jr. to Lamar County Water Supply Corp., dated June 6, 1977, of record in Book 592, Paqe 419, Lamar County Deed Records. TO HAVE AND TO HOLD the within described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto BOB CROCKETT and wife, MARTHA CROCKETT, their heirs or assigns forever, and we do 2 95 y; here?ay bind ourselves, cur heirs, executors and administrators, to Warrant and Forever Defend, all and singular the said premises unto BOB CROCKETT and wife, MARTHA CROCKETT, their heirs and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof. BUT IT I5 EXPRESSLY AGREED and stipulated that the vendor's lien is retained as aforesaid against the within described property, premises and improvements, until the above described note, and all interest thereon, are fully paid according to its face and tenor, effect and reading, when this deed shall become absolute. WITNESS our hands this 3rd day of November, 1995. . ° A . ENSEY, JR . t:.: : c ELSIE M. ENSEY % THE STATE OF TEXAS ) ) COUNTY OF LAMAR ) THIS instrument was acknowledged before me on the day of November, 1995, by D. A. ENSEY, JR. and wife, ELSIE M. ENSEY. T_ F Notary Public, State of Texas 3 Rp pac~~,~9 96 Ensey17 LCRd#42350 (#7' FIELD NOTES Situated about 4 miles North 68 Deg. East of the City of Paris, County of Lamar, and State of Texas, a part of the Wesley Askins Survey #Z, and being a part of a 38.24 acre tract of land conveyed Don A. Ensey by deed recorded in Vol. 418, Page 292, of the Real Property Records of said County and State. Beginning at an iron pin (s) for corner at the Northeast corner of said 38.24 acre tract, said point being the Northwest corner of a 25.373 acre tract of land conveyed W.A. Hutchison by deed recorded in Vol. 434, Page 377, of the Deed Records of said County and State. Thence along the South Boundary Line of Lamar County Road #42350 as follows: South 89 Deg. 38 Min. 24 Sec. West a distance of 225.93 ft. to an iron pin (s); North 89 Deg. 11 Min. 02 Sec. West a distance of 370.35 ft. to an iron pin (s) for corner at the Northeast corner of lot 16, Wildwood Estates; ° Thence South a distance of 1247.31 ft. to an iron pin (s) for corner at the Southeast corner of lot 13, and in the North Boundary Line of lot 10, Wildwood Estates; . Thence East a distance of 611.90 ft. to an iron pin (s) for corner at the Northeast corner.of lo.t 9, Wildwood Estates; Thence North 0 Deg. 43 Min. 17 Sec. West along a fence along the East Boundary Line of said 38.24 acre tract and the West Boundary Line of said 25.373 acre tract a distance of 1243.55 ft. to the place of beginning and containing 17.250 acres of land. I, J.M. Nelson, Registered Professional Land Surveyor of Texas, #4025, certify that the above depicted and described tract of land was taken from an actual survey made on the ground and completed by me on the 28th day of September, 1995. ~ s~~ ° • ~ v . -~~-1f y J.M. Nelson, R.P.L.S. of Texas, 04025 date ;b F i 4 i 1n'4 Vi~ ' f ".oka3U '~,r, •:lRf ! EXHIBIT "A" - Page 2 of 2 Pages 1 Neison Surveying Co. J.M. Neison, RPLS of Texos, #4025 920 N. Main St. Poris, Texos 75460 ~ 903-785-3551 fox 903-785-3399 - - 9'~ RP ~~~:p