11-DISANNEXATION FROM BOB & MARTHA CROCKETT ON CR 42350Submittal Date:
12-13-2011
Council Date:
01-09-2012
CITY COUNCIL AGENDA ITEM BRIEFING SHEET
Originating Department: Presented By: Agenda Item No.:
Engineering, Planning Shawn Napier, P.E. Director of
& Development Engineering, Planning & 11.
Development _
RECOMMENDED MOTION:
Second reading and act 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.
The first public hearing was conducted on December Sth, 2011 and the second public hearing was
conducted December 12, 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.
BOARD/COMMISSION RECOMMENDATION:
EXHIBITS:
Ordinance
ACTION:
❑ Financial Report
❑ Department Report
F] Presentation
F~ Public Hearing
FISCAL NOTES:
BUDGET INFO:
❑ Minute Order
Expense
$
Resolution
Budgeted Amt.
$
~ Ordinance
y'I'D Actual
$
❑ Other
Acct. Name
Acct. Number
REVIEWED AND APPROVED BY:
Z Administration Z City Clerk Z Eng., Planning & Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Coutt Z Legal ❑ Library ❑ Police ❑ Public Works ❑ Utilities
Revised 2/04/023
City of Paris
bv
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) AND 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
, 69
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 this ordinance shall become effective from and after its passage of
the second reading and publication as required by law.
PASSED AND ADOPTED on the second and final reading this 9th day of January 2012.
2
70
A.J. Hashmi, M.D., Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar City Attorney
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J.M. Nelson. RPLS of Texas, #4025 date
EXHIBIT "A" - Page 1 of 2 Pages
Nelson Surveying Co. J.M. Nelson, RPLS of Texos, #4025 920 N. Moin St. Paris, Texas 75460
903-785-3551 fax 903-785-3399
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Ensey17 LCRd#42350 (#7)
449 ~ 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, saf.d 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 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 Iot 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 17.254 acres oi land.
I, J.m. Nelson; Registered Professional, Land Surveyor of Tegas,
#4025, 'certify that the above depicted and described tract of land
was taken from an actual survey made on the ground and compieted
by me on the 28th day of September, 1995.
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J.M. Nelson, R.P.L.S. of Texas, #4025 date
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EXHIBIT "A" _ Page 2 of 2 Pages
Nelson Surveying Co. J.M. Nelson, RPLS of Texos, #4025 920 N. Main St. Poris, Texas 75460
903-785-3551 fox 903-785-3399
2'~r
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OCT-03-2L11 16:08 From:CITY ATTORNEY 903 782 9721 To:9037854458 P.2/2
APp1.iCAT1CEN FOR DISANNEXATION
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NAM~ OF APPLlCANT(S):/~~
MAIL[NG ADDRESS:VY/
TELEPH.4NB NUMBER- ~03,-
VpTINC D(5TRtCT NUMBER: I
(this information may bc abtained through the Ciry Clerk of the City of Paris)
VOTER REG[STRAT(ON NUMBER:
ADDRESS aF PRbE'6RTYc
I/We, the undersioned 4wner(s) of the above-described property, do hereby
peCition the City oF Paris to disaanex my/our property for the following reasans:
yA~:
RSQUIREMENTS: Attach a complcke copy of the latest deed of record far the above-
described proFertY evidencing ownership. This deed must include a legal description of
the pr.operty requested to be disannexed atong with a ptat or a drawing tndicatlng the area
to be disannexed.
1 JWe anderstand that the City af Paris has na obtigatian to disannex praperty except
as may be required by law. This application must be completed, in its entirety, with all
rcquired attac ents.
Applicant(s 5ign~ture _ Date
! D' /
Applicant(s) Signature DaCe
? ".f.
EXHiBITT"b"
Application 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 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 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, l have called the city
v✓hen 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 pfans for services to be offered in
the future.
Therefore, we request the right to disannex this property from the city of Paris.
75
t- ,
W A R R A N T Y D E E D
(with vendor's lien)
THE STATE OF TEXAS )
) KNOW ALL MEN BY THESE PRE5ENTS:
COUNTY OF LAMAR )
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
Dollats to us cash in hand paid by BOB CROCKETT and wife,
MARTHA CROCKETT, receipt of which 3.s 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 ASSOCTATION 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 beneff.t
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 riqhts 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
- 1 76 R? 566, FacX37
~
CROCRETT, herein called qrantees, of the County of Lamar,
State of Texas, whose mailinq address is 4319 Smallwood
Road, Paris, Texas 75462, all that certain tract or parcel
of land in Lamar County, Texas described as follows:
A tract of 17.250 acres of land fn the WESLEY
ASKINS SURVEY, No. 7, about four (4) miles North 68
Deg. East of the City of Paris, and beinq part of a
38.24-acre tract of land conveyed to Don A. Ensey by
deed of record in Book 418, Paqe 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, Paqe
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 sinqular the rights and appurtenances
thereto in anywise belonginq unto BOB CROCKETT and wife,
MARTHA CROCKETT, their heirs or assigns forever, and we do
7~ R? 9;99 .....1 IlQ
hereby bind ourselves, our heirs, executors and
administrators, to Warrant and Forever Defend, all and
sinqular 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 aqainst the wfthin
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
,
ELSIE M. ENSEY •
THE STATE OF TEXAS )
)
COUNTY OF LAMAR )
THIS instrument was acknowledqed before me on the ~ day of November, 1995, by D. A. ENSEY, JR. and wife, ELSIE
M. ENSEY. I'll
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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
record 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, da.ted 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 Lamaz County Road #42350 as follows: South
89 Deg. 3 8 Min. 24 Sec. West a distance of 225.93 ft. to an iron pin; North 89 Deg. 11 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 Kaufrnan 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, Mayor
ATTEST:
Janice Ellis, City Clerk
7n