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98-041 ORD CLOSING ROW DEDICATED FOR RAILROAD, POWER LINE, UTILITY AND DRAINAGE PURPOSES LOCATED AT LOT 4 BLOCK A AND LOT 3 BLOCK BORDINANCE NO. 98-041 AN ORDINANCE CLOSING THE RIGHT-OF-WAY DEDICATED FOR RAILROAD, POWER LINE, UTILITY AND DRAINAGE PURPOSES LOCATED NORTH OF LOT 4, BLOCK "A" AND LOT 3, BLOCK "B", SOUTHWEST INDUSTRIAL PARK NO. 1, BEGINNING AT THE WEST BOUNDARY LINE OF LOT 5, BLOCK "A" EAST TO THE WEST BOUNDARY LINE OF 13TH STREET S.W., AND FROM THE EAST BOUNDARY LINE OF 13TH STREET S.W. EAST TO THE EAST BOUNDARY LINE OF LOT 3, BLOCK "B"; DECLARING NO NECESSITY OR NEED OF SAID RIGHT-0F- WAY FOR CITY USE OTHER THAN FOR DRAINAGE AND UTILITY EASEMENTS, WHICH ARE EXPRESSLY RETAINED BY THE CITY OF PARIS; AND PROVIDING FOR AN EFFECTIVE DATE OF AUGUST 17, 1998. WHEREAS, it has been brouglit to the atteiition of the Ciry Council of the City of Paris that a right-of-way dedicated for Railroad, Power Line, Utility and drainage purposes located north of Lot 4, Block "A" and Lot 3, Block "B", Southwest Industrial Park No. l, beginning at the west boundary line of Lot 5, Block "A° east to the west boundary line of 13th Street S.W., and from the east boundary line of 13th Street S.W. east to the east boundary line of Lot 3, Block "B" beginiung a the west boundary line of Lot 5, Block "A" east to the west boundary line of 13t11 Street S.W., and from the east boundary line of 13t1i Street S.W. east to the east boundary litle of Lot 3, Block "B" , is of no use as a right-of-way to the City of Paris or to its citizens, but is of use and necessary to the City of Paris and its citizens for drainage and utility easement purposes, and the City Council so finds; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS: Section 1. That the right-of-way dedicated for railroad, power line, utility and drainage purposes located north of Lot 4, Block "A" and Lot 3, Block "B", Southwest Industrial Park No. 1, beginning at the west boundary line of Lot 5, Block "A" east to the west boundary line of 13th Street S.W., and from the east boundary line of 13th Street S.W. east to the east boundary line of Lot 3, Block "B" begiilning a the west boundary line of Lot 5, Block "A° east to the west boundary line of 13th Street S.W., and from the east boundary line of 13th Street S.W. east to the east boundary line of Lot 3, Block "B°, described in Exhibit A, attached hereto, is found to be of no use as a right-of-way to the City of Paris or its citizens, but is of use and necessary to the City of Paris and its citizens for drainage and utility easement purposes; therefore, such right- of-way is hereby closed, with the City of Paris retaining drainage and utility easements. Section 2. This ordinailce shall become effective oi1 August 17, 1998. PASSED AND ADOPTED this 17th day of August, 1998. Jerry~L. Thomas, Mayor Pro Tem ATTEST: Mattie Cuiiningham, City Clerk APPRQVED AS TO FORM: Scott P. Foster, City Attorney EXHIBIT "A" PROPERTY DESCRIPTION RIGHT-OF-WAY DEDICATED FOR RAILROAD, POWER LINE, UTILITY AND DRAINAGE PURPOSES SOUTHWEST INDUSTRIAL PARK NO. 1 SITUATED within the corporate limits of the City of Paris, County of Lamar and State of Texas, a part of the James Bourland Survey, and being a Right-of-Way dedicated for Railroad, Power Line, Utility and Drainage Purposes described on the plat recorded in Envelope 286-A, Plat Records of Lamar County, Texas, and being more particularly described as follows: TRACT NO. 1:.(West of 13th Street S.W.) BEGINNING at an iron pin for corner Northeast corner of Lot 4, Block "A", Southwest Industrial Park No. 1, in the West Boundary Line of 13th Street S.W.; THENCE S 89° 17' 09" W a distance of 1,041.90 feet to a concrete marker in the Northwest corner of said Lot 4; THENCE S 89° 17' 09" W a distance of 151.30 feet to a concrete marker for corner; THENCE North a distance of 120.0 feet to a point for corner in the South Boundary Line of Lot 5 in said Block "A"; THENCE N 89° 16' 23" E along the South Boundary Line of Lot 5 of said Block "A" a distance of 1,008.70 feet to an iron pin in the West Boundary Line of 13th Street SW; THENCE Southeasterly along the Southwesterly Boundary Line of the 13th Street S.W. cul de sac, a distance of 44.30 feet to an iron pin; THENCE South a distance of 19.30 feet to the place of beginning and containing 2.861 acres of land. SAVE AND EXCEPT .1377 acre, being a portion of a 50 foot Drainage Easement retained by Grantor to the above described property BEGINNING at a concrete marker in the Northwest Corner of Lot 4, Block "A" Southwest Industrial Park No. 1; THENCE North a distance of 120 feet to a point for corner in the North Boundary Line of the above described Right-of-Way; THENCE East along said North Boundary Line a distance of 50 feet to a point; THENCE South a distance of 120 feet to a point for corner in the South Boundary Line of said Right-of-Way; THENCE West along said South Boundary Line a distance of 50 feet to the place of beginning leaving a total of 2.7233 acres of land TRACT 2: (East of 13th Street S.WJ BEGINNING at an iron pin for corner in the Northwest corner of Lot 3, Block "B", Southwest Industrial Park No. l, in the East Boundary Line of 13th Street S.W.; THENCE N 89 19' 0°9" E a distance of 1,197.70 feet to a concrete marker for corner being the Northeast corner of said Lot 3; THENCE North a distance of 120.10 feet to a concrete Marker for corner; THENCE S 89° 16' 34" W a distance of 1,163.80 feet to an iron pin in the East Boundary Line of 13th Street S.W.; THENCE Southwesterly along the Southeasterly Boundary Line of 13th Street S.W. cul de sac a distance of 45.30 feet to an iron pin; THENCE South a distance of 90.0 feet to the place of beginning and containing 3.277 acres of land. SAVE AND EXCEPT: .0413 acre being, a portion of a 15 foot drainage and utility easement BEGINNING at a concrete marker in the East Boundary Line of Lot 3, Block "B", Southwest Industrial Park No. ] ; THENCE West with the South Boundary Line of the above described Railroad Right-of-Way a distance of 15 feet to a point for corner; THENCE North a distance of 120 feet to a point for corner in the North Boundary Line of said Right-of-Way; THENCE East along the North Boundary Line of said Right-of-Way a distance of 15 feet to a concrete marker; THENCE South a distance of 120 feet to the place of beginning leaving a total of 3.2357 acres of land.