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04 Alley Closing OrdinanceDRAFT J:\Attorney\ALICE\RESWORK\CiJRRENT\AIIey Clsg Bonham-13th NW Ordinance.wpd January 7, 2002 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, ABANDONING AN UNNAMED TWENTY (20) FOOT ALLEY, BEGINNING AT THE WEST BOUNDARY LINE OF 13TH STREET N.W. GOING WEST TO THE EAST BOUNDARY LINE OF 14TH STREET N.W. LOCATED BETWEEN BONHAM STREET (U.S. HWY 82) AND MAPLE AVENUE IN CITY BLOCK 189; DECLARING NO NECESSITY OR NEED FOR SAID ALLEY 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 MARCH 1, 2002. WHEREAS, it has been brought to the attention of the City Council of the City of Paris that a twenty (20) foot alley beginning at the west boundary line of 13th Street N. W. going west to the east boundary line of 14th Street N. W. located between Bonham Street (U. S. Hwy 82) and Maple Avenue in City Block 189 is of no use as an alley 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; and, WHEREAS, the City Council of the City of Paris has received a petition from adj acent property owners requesting that the twenty (20) foot alley be abandoned from 13th Street N.W. to the east boundary line of 14th Street N.W., located between Bonham Street (U.S. Hwy 82) and Maple Avenue; and, WHEREAS, the City Council, following receipt of said petition, adopted Resolution No. 2001-188 on December 6, 2001, referring the matter of said proposed alley abandonment to the Planning & Zoning Commission of the City of Paris for the Commission's review and recommendation to the City Council for final action; and, WHEREAS, the Planning & Zoning Commission did, at 5:30 p.m. on the 7th day of January, 2002, conduct a public hearing to allow interested citizens and members of the public to comment for and against the proposal to abandon the aforesaid alley; and, WHEREAS, following the public hearing conducted by the Planning & Zoning Commission, the Commission having reviewed the proposed abandonment, recommended to the City Council of the City of Paris that the City abandon the aforesaid alleyway, preserving and reserving thereto drainage and utility easements coterminous with and extending under the surface of the alleyway proposed for abandonment; and, WHEREAS, the City Council of the City of Paris likewise conducted a public hearing on the l Oth day of January, 2002, to receive comments from citizens and members of the general public for and against the proposal to abandon the aforesaid alleyway; and, WHEREAS, the City Council, having received the recommendation of the Planning & Zoning Commission, hereby determines that it is in the best interest of the citizens and the City of Paris to abandon the aforesaid alleyway, reserving thereto drainage and utility easements coterminous with the original boundaries of the aforesaid alley and subj ect to the rights and the interests of the City of Paris in preserving and utilizing the aforesaid easements; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That an unnamed twenty (20) foot alley, beginning at the west boundary line of 13th Street N.W. going west to the east boundary line of 14th Street N.W. located between Bonham Street (U.S. Hwy 82) and Maple Avenue in City Block 189, described in Exhibit A, attached hereto, is found to be of no use as an alley 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 alley is hereby abandoned, with the City of Paris retaining drainage and utility easements thereon. Section 3. That the drainage and utility easements hereby reserved and preserved from abandonment shall extend the length and breadth of the current alleyway so abandoned and shall be coterminous with the original boundaries of said alleyway, the same being twenty (20) feet wide and beginning at the west boundary line of 13th Street N.W. going west to the east boundary of 14th Street N. W. between Bonham Street (U. S. Hwy 82) and Maple Avenue in City Block 189. Section 4. That the drainage and utility easements so reserved by the City of Paris shall be held unto the City of Paris in full and fee ownership, with the right and privilege at any and all times to enter said premises, or any part thereof, for the purposes of maintaining, constructing, reconstructing, relocating, or otherwise performing work or service upon or in the utility facilities placed and located therein, and provided further, that no beneficiary or subsequent owner ofthe alleyway abandoned herein shall erect or place any building, driveway, or other permanent structure on the perpetual easements reserved herein, and such person or persons shall not otherwise use the aforesaid easement premises in a way that would interfere with the construction, maintenance, repair, inspection, or operation of the utilities or other facilities placed in the aforesaid easements. Section 5. That any document reflecting the City's relinquishment of use of the alley abandoned herein shall include, or shall be interpreted to include, the easements and the appurtenances thereto preserved by the City of Paris as reflected in this ordinance, and the abandonment of said alleyway is hereby conditioned upon the preservation of said easements and the rights and interests reserved unto the City of Paris hereto. Section 6. That this ordinance shall become effective on March 1, 2002. PASSED AND ADOPTED this l Oth day of January, 2002. Michael J. Pfiester, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney DESCRIPTION OF ALLEY TO BE CLOSED SITUATED within the corporate limits of the City of Paris, County of Lamar, and State of Texas, being a part of the Asa Jarman Survey, and being a twenty (20) foot alley located in City Block 189, between Bonham Street (U.S. Hwy 82) and Maple Avenue, being more particularly described as follows: BEGINNING at the northeast corner of Lot 5, City Block 189, being in the west boundary line of 13th Street N.W.; THENCE West along the north boundary lines of Lots 5 through 9 of said City Block a distance of approximately 362 feet to a point being the northwest corner of said Lot 9, in the east boundary line of 14th Street N.W.; THENCE North along the east boundary line of 14th Street N.W. a distance of 20 feet to the southwest corner of Lot 1, City Block 189; THENCE East along the south boundary lines of Lots 1 through 4 of said City Block a distance of approximately 367 feet to a point being the southeast corner of said Lot 4; THENCE South along the west boundary line of 13th Street N.W. a distance of 20 feet to the place of beginning and containing 7,290 square feet, more or less.