12 Price Street DeedsRESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, AUTHORIZING THE EXECUTION OF A WARRANTY
DEED OF ABANDONMENT TO LAMAR COUNTY AS THE ADJACENT
PROPERTY OWNER OF A FORTY (40) FOOT STREET KNOWN AS W.
PRICE STREET IN CITY BLOCKS 10 AND 41, ABANDONED BY
ORDINANCE NO. 2002- , BETWEEN N. MAIN STREET (U.S. HWY
271) AND 1ST STREET N.W., BEGINNING AT THE WEST BOUNDARY
LINE OF N. MAIN STREET GOING WEST TO THE EAST BOUNDARY
LINE OF 1ST STREET N.W.; AUTHORIZING THE ACCEPTANCE OF A
WARRANTY DEED FROM LAMARCOUNTY TO A 100 FOOT RIGHT-OF-
WAY NECESSARY FOR THE EXTENSION OF HEARNE STREET FROM
1ST STREET S.W. TO 4TH STREET S.W. AS CONSIDERATION IN
EXCHANGE FOR THE CITY'S INTEREST IN THE PRICE STREET
RIGHT-OF-WAY CONVEYED BY WARRANTY DEED AUTHORIZED
HEREIN; CONDITIONING SAID DEED OF ABANDONMENT ON
RECEIPT OF THE WARRANTY DEED FROM LAMAR COUNTY FOR
THE HEARNE STREET RIGHT-OF-WAY; MAHING OTHER FINDINGS
AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, it has been called to the attention of the City Council of the City of Paris that
there is a street known as W. Price Street running east and west, 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.; and,
WHEREAS, it has been called to the attention of the City Council by request of Lamar
County as the adjacent property owner that the street is not desired by Lamar County as the adjacent
property owner that said street is of use and necessary to the City of Paris and its citizens for enhy
and access, drainage, and utility easement purposes; and,
WHEREAS, the City Council, by prior Ordinance No. 2002- , adopted Apri14, 2002,
has authorized the City to abandon the City's interest in the aforesaid street and,
WHEREAS, Section 272.001 of the Texas Local Government Code authorizes political
subdivisions of the State of Texas, such as Lamar County and the City of Paris, to exchange real
property, including street right-of-way, where the exchange is with abutting property owners who
hold clear title to said abutting property, for other street right-of-way, with a finding by the governing
bodies of both political subdivisions that the fair market value of the respective properties is
essentially equal and the exchange is in the best interests of the citizens of each respective political
entity; and,
WHEREAS, Lamar County has offered as consideration for the Price Street right-of-way a
100 footright-of-way extending across the south end ofthe property where the County Jail is located,
the same being a portion ofthe property purchased by the County from Foy Crockett, et uy, described
in Deed recorded in Vol. 126, Page 188, Real Property Records, Lamar County, Texas, such 100
foot right-of-way to be used by the City to extend Hearne Street from 1 st Street S.W. to 4th Street
S.W.; and,
WHEREAS, the Commissioners Court of Lamar County has previously authorized, by
Resolution adopted February 14, 2000 (reference to which is hereby made), the transfer of said
Hearne Street right-of-way to the City of Paris for fair market value; and,
WHEREAS, the City Council of the City of Paris has, by adoption of prior Resolution No.
2000-003, adopted January 10, 2000 (reference to which is hereby made), previously authorized the
acceptance of the aforesaid right-of-way from the County for the extension of Hearne Street in
exchange for the payment of the fair market value of said right-of-way; and,
WHEREAS, the City Council of the City of Paris, by adoption of the aforesaid prior
Ordinance No. 2002- adopted Apri14, 2002, has previously found and determined that in lieu
of the cash payment of the appraised value of the Hearne Street right-of-way as authorized in
Resolution No. 2000-003, the acceptance of the Hearne Street right-of-way in exchange for the Price
Street right-of-way was an exchange of properties of equal value to the respective parties and was
in the best interests of the citizens of the City of Paris and Lamar County; and,
WHEREAS, the City Council further authorized in Ordinance No. 2002- the closure
of Price Street and the exchange by Warranty Deed of said right-of-way with Lamar County in return
for the exchange by Warranty Deed of the Hearne Street right-of-way; and,
WHEREAS, the aforesaid exchange was conditioned by City Council in prior Ordinance No.
2002- on the receipt from Lamar County of the right-of-way necessary for the extension of
Hearne Street and,
WHEREAS, itis deemed appropriate thatthe City's interestin said streetbe conveyed to the
adjacent owner on either side of said street and that a right of enhy and access, drainage, and utility
easements be retained; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS:
Section 1. That the findings set out in the preamble to this resolution are hereby in all things
approved.
Section 2. Thatthe Mayor be, and he is hereby, authorized and directed to execute, on behalf
ofthe City of Paris, a Warranty Deed of Abandonment conveying to the adjacent owner on either side
of said street, in accordance with the laws of the State of Texas, the City's interest in the abandoned
streetright-of-way for W. Price Street located between N. Main Street (LJ. S. Hwy 271) and 1 st Street
N.W., beginning atthe westboundary line of N. Main Street going west to the east boundary line of
lst Street N.W., it appearing that the real and true owner of the hereinafter described lots is as
follows:
Lot 1, City Block 41 Lamar County
Lot 2, City Block 41 Lamar County
City Block 10 Lamar County
Section 3. That the City of Paris retain right of enhy and access, drainage, and utility
easements in the area to be described in the above-referenced deed of abandonment, with such
conditions, restrictions, and reservations unto the City ofParis as established by prior Ordinance No.
2002- .
Section 4. That the City Council hereby authorizes the acceptance of a duly executed
Warranty Deed from Lamar County deeding the County's interest in the right-of-way necessary for
the Hearne Street Extension, as said Warranty Deed shall be in a form acceptable to the City
Attorney.
Section 5. That the authorization for the transfer by Warranty Deed of the right-of-way of
Price Street to Lamar County as authorized herein shall be and is hereby conditioned upon the receipt
by the City of Paris from Lamar County of a Warranty Deed transferring and exchanging the Hearne
Street right-of-way described herein; otherwise, this resolution and the authorization for deed and the
authorization for acceptance of deed shall be void and of no force and effect.
Section 6. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this 4th day of April, 2002.
Michael J. Pfiester, Mayor
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney