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12 Price Street Closing OrdDRAFT J:WttorneyW.ICEVORDWO~CURRENT~ritt 6treet Closing Ortl.wptl March 4, 2002 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, ABANDONING THE FORTY (40) FOOT STREET KNOWN AS W. PRICE STREET, BEGINNING AT THE WEST BOUNDARY LINE OF N. MAIN STREET (U.S. HWY 271) GOING WEST TO THE EAST BOUNDARY LINE OF 1ST STREET N.W.; DECLARING NO NECESSITY OR NEED OF SAID STREET FOR CITY USE OTHER THAN FOR DRAINAGE AND UTILITY EASEMENTS, WHICH ARE EXPRESSLY RETAINED BY THE CITY OF PARIS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it has been brought to the attention of the City Council of the City of Paris that a forty (40) foot street, beginning at the west boundary line of N. Main Street (U. S. Hwy 271) going west to the east boundary line of 1 st Street N. W., is of no use as a street to the City of Paris ar 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, in anticipation of the receipt of a letter on behalf of the Commissioner's Court of Lamar County, as owners of the property adjacent to said portion of W. Price Street, requesting the abandonment of said portion of W. Price Street, adopted Resolution No. 2002-022 on January 14, 2002, referring the matter of said proposed street abandonment to the Planning & Zoning Commission of the City of Paris far the Commission's review and recommendation to the City Council for final action; and, WHEREAS, the County Commissioner Court of Lamar County, by letter dated February 25, 2002, formally requested abandonment of the aforesaid portion of W. Price Street and, WHEREAS, the Planning & Zoning Commission did, at 5:30 p.m. on the 4th day of March, 2002, conduct a public hearing to allow interested citizens and members ofthe public to commentfor and against the proposal to abandon the aforesaid street right-of-way; 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 street right-of-way, preserving and reserving thereto drainage and utility easements coterminous with and extending under the surface of the street right-of-way proposed for abandonment and, WHEREAS, the City Council ofthe City ofParis likewise conducted a public hearing on the 7th day of March, 2002, to receive comments from citizens and members of the general public for and against the proposal to abandon the aforesaid street right-of-way; and, WHEREAS, the City Council, having received the recommendation of the Planning & Zoning Commission, hereby determines thatitis in the bestinterests ofthe citizens ofthe City ofParis to abandon the aforesaid street right-of-way, reserving thereto drainage and utility easements coterminous with the original boundaries of the aforesaid street and subject 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 the forty (40) foot street known as W. Price Street, beginning at the west boundary line of N. Main Street (LJ. S. Hwy 271) going west to the east boundary line of 1 st Street N.W., described in Exhibit A, attached hereto, is found to be ofno use as a streetto the City ofParis 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 street is hereby abandoned, with the City of Paris retaining drainage and utility easements. Section 3. That the drainage and utility easements hereby reserved and preserved from abandonment shall extend the length and breadth of the current street right-of-way so abandoned and shall be conterminous with the original boundaries of said street right-of-way, the same being forty (40) feetwide and beginning atthe westboundary line ofN. Main Street(LJ.S. Hwy 271) westto the east boundary line of 1 st Street N. W. 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 wark or service upon or in the utility facilities placed and located therein, and provided further, thatno beneficiary or subsequentowner ofthe street right-of-way abandoned herein shall erect or place any building, driveway, or other permanent sh-ucture 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. Section5. That any document reflecting the City's relinquishment of use of the street right-of- way 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 abandonmentof said streetright-of-way 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 April 1, 2002. PASSED AND ADOPTED this 7th day of March, 2002. Michael J. Pfiester, Mayor ATTEST: Thomas E. Haynes, Assistant City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney DESCRIPTION OF STREET TO BE CLOSED SITUATED within the corporate limits ofthe City ofParis, County ofLamar, and State of Texas, being a forty (40) foot street known as W. Price Street located in City Blocks 10 and 41, between N. Main Street (LJ. S. Hwy 271) and 1 st Street N. W., and being more particularly described as follows: BEGINNING at the southwest corner of Lot 1, City Block 41, being in the east boundary line of 1 st Street N. W.; THENCE East along the south boundary lines of Lots 1 and 2 of said City Block a distance of approximately 216 feet to a point being the southeast corner of said Lot 2, in the west boundary line of N. Main Street THENCE South along the westboundary line ofN. Main Street a distance of 40 feet to the northeast corner of City Block 10; THENCE West along the north boundary line of said City Block 10 a distance of approximately 216 feet to a point being the northwest corner of said City Block; THENCE North along the est boundary line of 1 st Street N. W. a distance of 40 feet to the place of beginning and containing 8,640 square feet, more or less. EXHIBIT "A"