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14-DISANNEXATION REQUEST FROM BOB & MARTHA CROCKETTCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 12-9-2011 Engineering, Planning Shawn Napier, P.E. Director of Council Date: & Development Engineering, Planning & 14. 12-12-2011 Development RECOMMENDED MOTION: Second public hearing, first reading, and deliberate on an Ordinance. POLICY ISSUE(S): Disannexation BACKGROUND: At the November 14`" City Council meeting City Council directed staff to move forward with the request for disannexation from Bob & Martha Crockett on CR 42350 (Smallwood Road) containing 17.25 acres of land. This is the second public hearing; the first public hearing was conducted on December St", 2011. Properties north and east sides are the City of Paris' current city limit lines. Smallwood Road is to the north of the property. This section of Smallwood Road is not in the City limits. Action can be taken on this item at the January 9`h, 2012 City Council meeting. BOARD/COMMISSION RECOMMENDATION: EXHIBITS: Ordinance ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $ ~ Department Report ❑ Resolution Budgeted Amt. $ ❑ Presentation ~ Ordinance y'I'D Actual $ Z Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: ~ Administration E City Clerk 2 Eng., Planning & Development ❑ EMS/IT ❑ Finance ❑ Fite ❑ Municipal Court Z Legal ❑ Libtary ❑ Police ❑ Public Works ❑ Utilities City of Paris Revised 2/04/08 `CJ-A DRAFT ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, DISANNEXING APPROXIMATELY 17.250 ACRES OF UNDEVELOPED LAND FORMING A PORTION OF THE NORTHEAST BOUNDARY OF THE CITY OF PARIS; SOUTH OF CR 42350 (SMALLWOOD ROAD) A1VD EAST OF WILDWOOD LANE, PARIS, LAMAR COUNTY, TEXAS IN RESPONSE TO A PETITION FOR DISANNEXATION FILED BY PROPERTY OWNERS BOB AND MARTHA CROCKETT; MAKING A FINDING WITH REGARD TO THE VALUE OF CITY SERVICES PROVIDED TO THE AREA COMPARED TO PROPERTY TAXES PAID BY THE AFORESAID DISANNEXED LANDOWNERS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Paris has received a petition signed by the owners of a 17.250 acre tract of land more particularly described and depicted in Exhibit "A" attached hereto and incorporated herein by reference (the "Property"), seeking disannexation of the Property from the City of Paris, Texas, said Property forming a portion of the current boundaries of the City of Paris; and, WHEREAS, petitioners request disannexation of the Property from the City of Paris because they believe that the city is unable to provide adequate services to the property; and WHEREAS, two public hearings have been noticed and held to receive public input on this proposed disannexation, the first on December 5, 2011 and the second hearing on December 12, 2011 in accordance with state law; and WHEREAS, the City Council, having reviewed the petition and exhibits for the proposed disannexation and having received public comment, hereby finds and determines that the proposed disannexation of the Property is in the best interests of the City of Paris and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That the City Council does hereby accept and approve the petition for disannexation of the Property, copies of which are attached hereto and incorporated herein by reference as Exhibit "B". 1 ~ . ~ Section 3. That by adoption of this ordinance, the City Council does hereby disannex that Property currently within the boundaries of the city limits of the City of Paris, Texas, said property consisting of approximately 17.250 acres of land, more or less, and forming a portion of the current boundary of the City of Paris, said Property being more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. Section 4. That the Property described in Exhibit "A" shall be, and is hereby upon the effective date of this ordinance, in all things disannexed from the city limits of the City of Paris, Texas. Section 5. That in accordance with Section 43.148 of the Texas Local Government Code, the City Council finds and determines that the value of services provided by the City for the direct benefit of the property during the period of time said area was located within the city limits of the City of Paris, equals or exceeds the amount of property taxes and fees collected from the landowners whose property is located within the area disannexed herein. Section 6. That from and after the date of final adoption of this ordinance, the boundaries of the City of Paris, as the same appear in any and all official documents, maps, or other renderings, shall be and are hereby adjusted to reflect new boundaries of the City of Paris as amended by this disannexation. Section 7. That all provisions of the ordinances of the City of Paris, Texas in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 8. That the repeal of any ordinance or part of ordinances affected by the enactment of this ordinance shall not be construed as abandoning any action now pending under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any penalty accruing or to accrue, or as affecting any rights of the municipality under any section or provisions of any ordinance at the time of passage of this ordinance. Section 9. That it is the intention of the City Council of the City of Paris that this ordinance, and every provision hereof, shall be considered severable, and the invalidity or partial invalidity of any section, clause, or provisions of this ordinance shall not affect the validity of any other portion of this ordinance. Section 10. That the City Council voted by a supermajority vote of the entire Council to suspend the rule requiring two readings before adoption of ordinances ayes and _ nays. 2 , Section 11. That this ordinance shall become effective from and after its passage of the first reading and publication as required by law. PASSED AND ADOPTED on the first and final reading this 121h day of December 2011. A.J. Hashmi, M.D., Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar City Attorney q ~l 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 #7, 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 Iand cohveyed 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 distanae. 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 ProfessionaY Land Surveyor of Texas, 04025, 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. J.M. Nelson, R.P.L.S. of Texas, #4025 date 'ip Pr r-• " ri .C`..,., f r ~ :.:a'~ ~:S • 1 t . , L, . . . f 1 ~ EXHIBIT "A" - Page 2 of 2 Pages z~Q 7~*e~ 1 Nelson Surveying Co. J.M. Nelson, RPLS of Texas, #4025 920 N. Moin St. Poris, Texas 75460 ~ 903-785-.3551 fox 903-785-3399 t R? ~~(A 7 41' Lamar Count ,,,Road",,,#42350 cn I ~ 16 ~ -4- cn ~ ~ W ' - 340.81. ------7o7.,z'-, ; O v ;I ~ O Q Lr) ~ 3: ; ~ N ~ O o ~ Lri i i 14 ' ---~[t.ui i U Q o 0 13 4(9J i 18.37-~ ,----31 . 11 ~ ~ 10 I~ rd~~,'.~'~4'..' ~ ti✓" ~1~ t.i p~. ~v.w.t~+✓:7 `11~7v1:~~PA,{V~.~yX+`+I4S !VY•.i9/'.':: t s Yau" u ~ i~~-- J.M. Nelson, RPLS of Texos, #4025 EXHIBIT "A" - Page 1 of 2 Pages Neison Surveying Co. J.M. Nelson, RPLS of Texas, #4025 920 N. Moin St 903-785-3551 fax 903-785-3399 C3 rIl.) 17.250 Disk-Ensey 200 100 0 ~ 200 400 s =set f =found rs =reset 1 " = 200' gZa,9,r date Poris, Texos 75460 R1' 5U6 PaGf 14fil OC7-03-2L11 16:0$ From:CITY ATTORNEY 903 782 9721 To:9037854455 P.2/2 APPLICATtON FOR DISANNEXATION ~ NAME OF AFFLICANT(SA46 J MAiLiNG ADDRESS~.3:/9 ~ 40 TELFPH.QNENUMBER~ '-/1?'a5- . VpTING DIS'CRlCT NUMBER: I (xhis inFarmatian may be obtained through the City Clerk af the City of Paris) VOTER REGISTRATION NUMBER: ZAO~7';?z ADDRESS 0F PRbPE;RTY: I/We, the undersigned owner(s) of the abave-described property, do hereby peCition the Ciry oF Paris to disannex my/aur property for the follawing reasons: RBQU11tEMENTS: Attach a Compleke capy of the latest deed of record For the above- described property evidencing ownership. This deed must indude a legal description aF the pr.operty requesCed kv be disannexed aiong with a plaC or a drawing fndicating the area to be disannexed. IJWe understand that the City of Paris has no obligation to disannex property excep[ as may be required by law. This application musk be campleked, in its entirety, with all required attach ents. Applicant(s Signature Date ~ C'8Q~~= / ri ( ~ ~ / ■ .r~i Applicant(s) Signature DaCe EXHIBITi'b" cj 1 Application for Disannexation Oct. 6, 2011 Martha and Bob Crockett RE: Property ID 50187, Smaliwoad RD This is an agriculturai 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 1oe 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 Wi(dwood 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 to(d 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. A u i.;. W A R R A IJ T Y D E E D (with vendor's lien) ` ~•,~,~j~' THE STATE OF TEXA$ ~ COUNTY OF LAMAR ~ KNOW ALL MEN BY THESE PRESENTS: ) THAT WE, D. A. ENSEY, JR. (a/k/a Don Ensey) and wife, 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 h3r.d paid by 3CB CROCiCETT and wife, 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 $50,000.00 is evidenced by vendor's lien note of grantees herein of even date herewith, payable to FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF PARI5 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 ASSOCIATION OF PARIS, 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 566 PAGf 13 t ,r~ ~ CROCICETT, herein called grantees, of the County of 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 foliows: A tract of 17.250 acres of land in the WESLEY A5KINS SURVEY, No. 7, about four (4) miles North 68 Deq. 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 522, 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, Page 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 R? 56U' PAA3S ~ hereby bind ourselves, our 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 IS 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 readfng, when this deed shall become absolute. WITNESS our hands this 3rd day of November, 1995. ~ . &.-ENSEY, JR 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. "rEhr ~ ~ i. ~ , . ' o ary-Public, State of Texas 3 R? 566pacEI~9 SECOND LEGAL NOTICE PUBLISH ONCE WEDNESDAY, NOVEMBER 30, 2011 NOTICE OF PUBLIC HEARING ON CONTEMPLATED DISANNEXATIONS NOTICE IS HEREBY GIVEN TO ALL INTERESTED PERSONS THAT: The City of Paris, Texas, proposes to institute disannexation proceedings pursuant to Chapter 7 of the City Charter and 43.142 of the Local Government Code to disannex a 17.250 acres tract 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 recard in Book 418, Page 292, Lamar County Real Property Records; being the plat and field notes of a survey made by J.M. Nelson, Registered Professional Land Surveyor, dated September 28, 1995, forming a portion of the current boundaries of the City of Paris; more particularly described as follows: Beginning at an iron pin 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; North 89 Deg. ll Min. 02 Sec. West a distance of 370.35 ft. to an iron pin for corner at the Northeast corner of Lot 16, Wildwood Estates; Thence South a distance of 1247.31 ft. to an iron pin 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 for corner at the Northeast corner of Lot 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; NOW, THEREFORE, as required by law, notice is hereby given that a public hearing will be held by and before the City Council of the City of Paris, Paris, Texas, during the course of a special City Council meeting on December 12, 2011, beginning at 5:30 o'clock p.m., at the City Council Chambers, 107 East Kaufman Street, Paris, Texas, for all persons interested in the above proposed disannexation. At said time and place all such persons shall have the opportunity to appear and be heard. A.J. Hashmi, Mayar ATTEST: Janice Ellis, City Clerk