22-DELIBERATE ON RES TO ABANDON A 15-FOOT UTILITY EASEMENT ON PROPERTY OWNED BY EARL AND CARRIE BETHEACITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originating Department:
Presented By:
Agenda Item No.:
04-27-12
Engineering, Planning &
Shawn Napier, P.E. Director of
Council Date:
Development
Engineering, Planning &
22.
05-14-12
Development
RECOMMENDED MOTION:
Deliberate on a resolution to abandon a 15-foot utility easement on property owned by Earl and Carrie
Bethea, authorizing the City Manager to negotiate and execute all necessary documents.
POLICY ISSUE(S):
Easements
BACKGROUND:
The City was approached by Earl and Carrie Bethea about abandoning a utility easement on property
that they own located at 1130 Levi Lane. They are attempting to sale the property and are unable to
close because a portion of the swimming pool is located in an existing 15-foot utility easement located
along the south property line. The following utility companies have been contacted and none of them
have any facilities in the easement or have any objections to abandoning the easement: Suddenlink, City
of Paris (water and sewer) AT&T, Atmos and Oncor
Staff recommends that the 15-foot utility easement on the south side of the property located at 1130 Levi
Lane be abandoned.
BOARD/COMMISSION RECOMMENDATION:
EXHIBITS:
Request for abandonment, easement abandonment drawing & utility company releases
ACTION:
BUDGET INFO:
❑ Financial Report ❑ Minute Order
Expense
$
❑ Department Report Z Resolution
Budgeted Amt.
$
❑ Presentation ❑ Ordinance
yTD Actual
$
❑ Public Hearing ❑ Other
Acct. Name
Acct. Number
FISCAL NOTES:
REVIEWED AND APPROVED BY:
❑ Administration ❑ City Clerk Z Eng., Planning & Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court ❑ Legal ❑ Library ❑ Police ❑ Public Works ❑ Utilities
City of Paris Revised 2/04/08
- ~ 168
Draft
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
TEXAS, DECLARING THE UTILITY EASEMENT LOCATED ON THE
SOUTH SIDE OF LOT 3, BLOCK B, TOWNWOOD ESTATES
SUBDIVISION 1130 LEVI LANE, PARIS, LAMAR COUNTY, TEXAS, ON
PROPERTY BELONGING TO EARL AND CARRIE BETHEA, IS NO
LONGER NEEDED AND IS OF NO USE TO THE CITY OF PARIS AND
SHOULD BE ABANDONED; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, Earl and Carrie Bethea, the owners of Lot 3, Block B, Townwood Estates
Subdivision, City of Paris, Lamar County, Texas (1130 Levi Lane, Paris, Texas), have requested
the City to abandon a fifteen-foot utility easement running across the south end of their property
which is not being utilized by the City of Paris, see request dated April 30, 2012, attached hereto
as Exhibit "A"; and,
WHEREAS, it has been determined by the City Engineer that this portion of the utility
easement is no longer needed by the City of Paris for utility purposes, and that other easements
located in the street or in other areas hold all necessary utilities, therefore this portion of the 15'
utility easement on the south side of Lot 3, Block B Townwood Estates, Paris, Lamar County,
Texas, is no longer needed and should be abandoned.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PARIS:
Section 1. That the findings set out in the preamble of this resolution are hereby in all
thingsapproved.
Section 2. That the fifteen foot (15') utility easement located on the south side of Lot
3, Block B, Townwood Estates Subdivision, 1130 Levi Lane, City of Paris, Lamar County,
Texas on property belonging to Earl and Carrie Bethea, as further described and depicted in
Exhibit "B", attached hereto, be, and the same is hereby, declared to be no longer needed by the
City of Paris for utility purposes.
Section 3. That the above described easement, is hereby abandoned and the City
Manager be, and is hereby directed to execute the Abandonment of Easement attached hereto as
Exhibit "B".
Section 4. That this resolution shall be effective from and after the date of passage.
169
PASSED AND ADOPTED this 14th day of May, 2012.
A.J. Hashmi, M.D., Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
170
Shawn Na ier
From: Carrie Bethea <bethearanch@yahoo.com>
Sent: Monday, April 30, 2012 4:17 PM
To: Shawn Napier
Subject: Easement Abondonment
To: Gene Anderson
From: Kevin Earl Bethea and Carrie Bethea
Dear Mr. Anderson,
We are requesting the City of Paris abandon an Easement located on the south side of 1130 Levi Lane. We
purchased this property in February of 2010 and shortly thereafter, requested and received a city permit to
install an inground swimming pool in the backyard. We are now in the process of selling this property. A new
survey was requested by the buyer's lender and this unknown easement has come to light and our swimming
pool is inside said easement. Bobby Smallwood developed this area and we have a letter from him stating this
easement is not viable, as there are commercial properties on both ends, nor is it necessary as all utilities are on
the north side of the house. We have contacted all utilities companies, per Shawn Napier, and have received
confirmation from all of them that there are no utilities present. Mr. Napier said only the city council can
resolve this matter.
Your prompt attention is appreciated as this has already delayed our closing by 2 weeks. Please contact us if
you have any questions. It is our understanding we are on the May 14th council agenda.
Sincerely,
Earl and Can-ie Bethea
903 739 5386
gi 11
EXHIBfT A
- 1 171
EASEMENT ABANDONMENT
STATE OF TEXAS }
} KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR }
That the City of Paris, Texas a home rule municipality of the County of Lamar, State of
Texas, acting by and through its City Manager, duly authorized by Resolution No. . for
and in consideration of the sum of Ten and no/100 Dollars ($10.00) cash and other good and
valuable consideration, to it in hand paid by Earl and Carrie Bethea, the receipt and sufficiency of
which is hereby acknowledged; has abandoned, and quitclaimed, and by these presents does
hereby abandon and quitclaim unto the said Earl and Carrie Bethea, the owners of Lot 3, Block B
Townwood Estates, City of Paris, Lamar County, Texas the City of Paris' interest in the fifteen foot
(15') utility easement located on the south side of Lot 3, Block B of the Townwood Estates
Subdivision, City of Paris, Lamar County, Texas, as more particularly described and depicted in
Exhibit "1" attached hereto.
TO HAVE AND TO HOLD the above described property unto Earl and Carrie
Bethea, for the purposes aforesaid, together with all and singular, the rights and
appurtenances thereto in anywise belonging unto the said CITY OF PARIS, its
successors and assigns forever. This conveyance shall be without warranty of any
kind, whether express or implied.
WITNESS its hand at Paris, Texas, this 14th day of May 2012.
Gene Anderson, City Manager
ATTEST:
Janice Ellis, City Clerk
- _ 172
N ,i
EXHIBiT -t
THE STATE OF TEXAS
COUNTY OF LAMAR
BEFORE ME, the undersigned authority, in and for said County, Texas, on this
day personally appeared Gene Anderson, City Manager of the City of Paris, Texas,
known to me to be the person whose name is subscribed to the foregoing instrument,
and acknowledged to me that he executed the same for the purposes and consideration
therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 14th day of May, 2012.
Notary Public, State of Texas
RETURN T0:
The City Clerk's Office
P.O. Box 9037
Paris, Texas 75461
173
Part of the Reddin Russell Survey #786
Townwood Estates #I 'Minor Plat' - Env.355-C Plat Records
Lot 3 Block B
1130 Levi Lane Leyi4ne (60` right orwa
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f, Hayden Foster, Registered Professional Land Suroeyor, No. 5699 do hereby cenify that the plat and accompanying fieid notes represents nn
on thc ground survey made under my direct supervisian. Research of recorded documents was made only for the purpose of determining the
boundary of this property and the adjoining parccls. Record documents other than tbose shown on this survey may exist and encumher this
property. There doesn't appear to be any encroachments otlier than those shown hereon. The tract does not appear to be in a flood ione
according to the Flood lnsvrance Rate Map Number 48277C0320C effective date Augtut 16,2011. Reference Bearing = the South boundary
line of lot 3 and depicted as N 68°52`45" W. Contmlling Mowments are at the terminus of the Reference Bearing.
Foster Land Surveying - 17325 FM 197 - Arihur City, TX 75471- office 903.739.9166 - Cx. 903.783.9159 -[osier-land-surveying.com
EXHIBIT°`\b ~
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