2012-047 RES DECLARING UTILITY EASEMENT LOCATED ON SOUTH SIDE OF LOT 3 BLOCK B TOWNWOOD ESTATES SUBDIVISION 1130 LEVI LANERESOLUTION NO. 2012-047
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 Apri130, 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
things approved.
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.
PASSED AND ADOPTED this 14th day of
ATTEST:
ice Ellis, City Clerk
APPROVED AS TO FORM:
C~
W. Kent Mc yar, City Attorney
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 Carrie Bethea
903 739 5386
~-b,-4 "H^
EASEMENT ABANDONMEIVT
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
EXHIBIT
Part of the Reddin Russell Surve,y #786
Townwood Estates #1 'Minor Plat' - Env.355-C Plat Records
Lot 3 Block B
1130 Levi Lane LeVj Lane
Paris, Texas
POB
i ~
i ~
-25' building- line
-
L_ i
;
-
-
Block B
~
lOt 1
~ BlOC~( B J 1
d
~
lot 3 f
' j a
~ i °
I
b
T'ownwood Estates #3
'Minor Plat' f~! ~
Env. 355-C Plat
Records i= J 0'
1S,
~
Townwood
Estates #3
Lot 2
~
N
f jr _,1._- -
•+~~~L.
Hayden oster RPI_S #5699
capped iron pin tound
iron pin found
YI" iron pin tound
Q
= iron pin found
Q
= holc in concreie
~
= bois d'orc post (ound
= post found
conc. highway marker fou
- capped iron pin
(HF 5699) set
04/2l/l2
date
(W right ot waY1
File t{: 120422
L=169.77'
R=925.00'
A=10'30'56"
C LEN=169.53'
BRG=S BO'17'47" E
curve L,'169.77'
15b~Ud~"B liqe
COO
^N
~
brick reaidence
wOOd
d4eck
Blpck B
° lot 4
3
- survey line
easement/buiiding line
-N- overheod power line
-x--= fence
water meter
~ a gas meler
= lelephone pedestal
0 = fire hydrant
0 = elec. trans. pedesto)
pob = poini ot beginning
~
scale 1"=40'
I, Hayden Foster, Registered Professional Land Surveyar, No. 5699 do hereby cerlify that the plat and accomp3nying field notes represents an
on the ground survey made under my direct supervision. Research of recorded documents was made only for the purpose ot' determining the
boundary of this property and the adjoining parccls. Record documents other than ibose shown on ihis survey may exist and encumber this
property. Thete doesn't appear to be any encroachments other than those shown hereon. The tract does not appear to be in a flood zaie
according lo the Fiood lnsurance Rate Map Number 48277C0320C eNective date August 16,2011. Reference Bearing = the South boundary
line of Iot 3 and depicted as N 68°5245" W. Controlling Monuments are at the terminus of the Reference Bearing.
Foster Land Surveying - 17325 FM ] 97 - Arthur City, TX 75411- office 903.739.9166 - fx. 903.783.9159 - foster-land-surveying.com
.
EXHIBIT
~
.d'
~
~
~
~
ug4r
~k ea~
~.ot
z