2012-001 ORD DISANNEXING 17.250 ACRES NE BOUNDARY OF CITY; SOUTH OF CR 42350
ORDINANCE N0. 2012-001
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
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 Ciry 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
A.J. Hashmi, . or
ATTEST:
gicoeNEllis, City Clerk
APPROVED AS TO FORM:
W. ent McI ar ty Attorney
3
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 Iand conveyed
Don A. Ensey by deed recorded in Vol. '418, Page 292, af the Real
Property Records of said Couaty and State.
Beginning at an fron 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 Deq. 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; Reqistered Professional, Land Surveyor of Texa&r
#4025, -eertify 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. H. Nelsoa, R. P. L. S. of Texas, #4025 da et
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EXHIBIT "A" _ Page 2 of 2 Pages
Nelson Survey'mg Co. J.M. Nelson, RPLS of Texas, #4025 920 N. Main St. Paris, Texos 75460
903-785-3551 fox 903-785-3399
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EXHIBIT "A„ - Page 1 of 2 Pages
Nelson Surveying Co. J.M. Nelson, RPLS of Texos, #4025 920 N. Main St. Paris, Texos 75460
903-785-3551 fax 903-785-3399
OCT-03-M11 16:0$ From:CITY ATTORNEY 903 782 9721 To:9037B54458 P,2/2
APPLICATION FOR DISANNEXATION
~
1VAME OF APPLICANT(S):046 'f
MAiLING ADDRBSS:S~I f~~~~l~_„~
r-r~n ~ • ~rr ~
TELEPH.4NE NUMBER' ~03 ~
VOTING DISTRiCT NUMBER: ~
(Chis information may be obtained through the City Clerk of the City of Paris)
VOTER REGISTi7AT(ON NUMBER:~ 722 ~ w~ -
AllDRESS QF PROPEItTY: cg~L
I/We, ttte undersigned ov+mer(s) of the abave-described property, do hereby
peCition the Ciry oF Paris to disannex my/our property for the foltowing reasons:
5 j~~L♦~
ItEQUtREMENTS: Att.ach a complcte copy of the latest deed of record for tfie above-
described property evidencing ownership. This deed must inciude a legal descrtption af
the pr.operry requeseed to be disannexed along with a pfat or a draa►ing Indicatlng the area
ta be disannexed.
l JWe anderstar►d that the City of Paris has no obligatian to disannex property except
as may be required by law. This appiicatian must be campleked, in its entirety, with atl
requir,ed attac ents.
Applicant(s Sfgnature DaCe
ppplic.ant(s) Signature Date
1
EXFfIBIT
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 soid as a separate
tract of 17 acres, not bound by the same restrictions. It is adjacent to agricuiture
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.
I
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 PRESENTS:
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 ($I0.00) and more
Dollars to us cash in hand paicl by BOB CROCKETT 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 PARI5, 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 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 righta 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 R~' e~ PAGf lt'-17
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 in the WESLEY
A5KINS 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, Paqe 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, Paqe 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 belonqing unto BOB CROCKETT and wife,
MARTHA CROCKETT, their heirs or assigns forever, and we do
2 R? 566 PaA3S
~ •
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 CROCRETT, 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 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
.
i ~
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.
"'El!''"I'~.:
;Py- P;~iBLtC o ary Public, ~State of Texas
{,E. TEXAS
PXo 4-1$4'
3 R~ 566PAGE139
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 Rea1 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. 11 Min. 02 Sec.
West a distance of 370.35 ft. to an iron pin for corner at the Northeast comer 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 Kaufinan 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