05-I Sycamore St. Ref to P&ZDRAFT
J:\Attorney\ALICE\RESWORK\CiJRRENT\3rd St SE Paris Blvd-Sycamore Refer to P&Z Res.wpd
August 9, 2002
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, REFERRING A REQUEST BY ADJACENT PROPERTY
OWNERS TO THE PLANNING AND ZONING COMMISSION FOR THE
ABANDONMENT OF A PORTION OF A STREET KNOWN AS 3RD
STREET N.E., IN THE TEXAS & PACIFIC ADDITION, BEGINNING AT
THE NORTH BOUNDARY LINE OF PARIS BOULEVARD GOING NORTH
TO SYCAMORE STREET; SETTING PUBLIC HEARINGS; MAKING
OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Paris is in receipt of a petition from adj acent
property owners requesting that a portion of the street known as 3rd Street N.E. be abandoned
from Paris Boulevard to Sycamore Street; and,
WHEREAS, it is deemed to be in the best interests of the citizens of Paris that such
request for street abandonment be reviewed by the Planning and Zoning Commission of the City
of Paris and that a recommendation be made to the City Council for final action; and,
WHEREAS, it is fitting and proper that a public hearing to receive input from the general
public on the proposed abandonment be set before the Planning and Zoning Commission at 5:30
p.m., on the 3rd day of September, 2002, and before the City Council at 6:00 p.m. on the Sth day
of September, 2002 in the Paris Junior College Applied Technology Building, Room 1016, 2400
Clarksville Street, Paris, Texas; 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. That the matter of abandoning a portion of the street known as 3rd Street N.E.
from Paris Boulevard to Sycamore Street be, and the same is hereby, referred to the Planning
and Zoning Commission of the City of Paris for its recommendation.
Section 3. That a public hearing be held by and before the Planning and Zoning
Commission of the City of Paris at 5:30 p.m. in the Paris Junior College Applied Technology
Building, Room 1016, 2400 Clarksville Street, Paris, Texas, on the 3rd day of September, 2002,
and that a public hearing be held by and before the City Council of the City of Paris at 6:00 p.m.
in the Paris Junior College Applied Technology Building, Room 1016, 2400 Clarksville St.,
Paris, Texas, on the Sth day of September, 2002, said public hearings to be held concerning the
abandonment of said street.
Section 4. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this 12th day of August, 2002.
Michael J. Pfiester, Mayor
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney
■
I"Ugsw
MATERIALS'"
June 12, 2002
Mr. Larry Schenk
City Attorney
City of Paris, Texas
125 SE 1 St. 75460
Subject: SE 3rd Street closing.
Dear Mr. Schenk,
Hydro Coeduit Division
1569 S. Church SVeet
Paris, Texas 75460
Phone 903-784-8652
Fax 903•785-2899
Hydro Conduit Corp. of Texas LP, request the closing of SE 3rd Street from north
boundary line of Paris Blvd. to south boundary line of Sycamore St..
This request is for the portion of SE 3rd that lies within the Industrial Campus of
our Paris Pipe Plant. We have maintained the street as if it were part of our
property for the last few yeazs. It has not received any attention from the City of
Paris in many yeazs. We own all property around subject, with the exception of
Blankinship Oil on northwest side. See letter attached stating their support for
closing with no desire for part of the streek
With our interest on Safety, the street has been identified as a major hazazd with
industrial equipment and trucks crossing from one side to the other on a regulaz
basses. Another safety hazard aze children coming onto our property, playing on
the concrete pipe and equipment. With the closing, we will be able to enclose our
plant site with a chain-link fence eliminating these safety concerns.
Hydro agrees to pay the City of Paris the appraised value for the property.
We respectfully request your prompt attention to the mater. If we can be of any
service to you, please advise.
Sincerely,
/
Donald Wall
Sr. Account Mgr.
,r
BLANKINSHIP
OIL COMPANY, INC.
,
1425 S. CHURCH PARIS, TEXAS 75460 TELEPHONE: (903)784-6280
March 21, 2002
City of Paris
55 Hickory
Paris, Texas
75460
To whom it may concern:
Blankinship Oil Co., is in agreement with Hydro Conduit of Texas LP.
with the closing of 3rd S. E. from Paris Blvd. North to South boundary line
of Sycamore St., based on letter attached.
Blankinship Oil Co.,Inc.
' 7
/ ~ i
Hack Blankinship
0000
MA7ERIALS°
Hydro Conduit Division
1569 S. Churth Street -
Paris, Texas 75460
Phone 903-784-8652
Fax 903-785-2899
March 12, 2002
Mr. Hack Blankinship
Blankinship Oil Company
1425 S. Church Sheet
Paris, Texas 75460
Subjecr, Closing 3 rd. S. E. from Paris Blvd. North to South boundary line of
Sycamore Sheet
Deaz Mr. Blankinship:
This letter is to confum our resent conversation regazding the above subject.
You agreed to support the closing and expressed your willingness to convey the
half of right-of --way that runs along the East side of your property to Hydro
Conduit of Texas LP.
Hydro will pay the City for all of the right-of-way. The city can only close a
street down the center line, conveying deed to each property owner his hal£ We
propose to execute a deed from Blankinship to Hydro at time of closing, at no
cost to you, conveying your half of 3 rd. street to Hydro. At the same time,
Hydro will deed to Blankinship title to the offset along Lot 1, Block 6 to line up
with Lot 2, block 6 east boundary line.
If the above is stated correctly, please address a letter to the City of Paris
supporting the closing . The City also needs a copy of the deeds or other proof
of property ownership.
When this is ready, please give me a call, so I can include it with our packet.
Thanking you in advance for your cooperation.
Hydro Conduit of Texas LP
Donald Wall
cc: Jim Wilmes
p
1. PARTIES: w
and convey ro
to buy trom Se
PROMULGATED BY THE TEXAS REAL E5TATE COMMISSION (TREC)
UNIMPROVED PROPERTY CONTRACT
NOTICE: Not Far Use For Condanfrdum Transactlons
property
(Seller) agrees to seil
rer) and Buyer agrees
2. PROPERTY: Lot 8 , Block 7 , T 8c P Addition, City of
pARIs , i.nM►x County, Texas, known as
3RD syr K/A+ (Address/Zip Code),
or as described on attached exhibit, (the Property). The Property 0 Is U Is not subJect to mandatory
membership in an owners' assoaatlon. The TREC Addendum For Property Subject To Mandatory
Membership In An Owners' Association O is 8X is not attached.
NOTICE TO BUYER: If the Property is subject to mandatory membership in an owners' association, Seller
notifies Buyer under §5.012, Tezas Property Code, that, as a purchaser of property in the residential
community in which tlie Property Is located, you are obligated to be a member of an owners' association.
Restrictive covenants goveming the use and occupancy of the Property and a dedicatory instrument
goveming the establishment, maintenance, and operation of this residential community have been or will be
recorded in the Real Property Records of the county in which the Property Is located. Copies of the resUicGve
covenants and dedicatory instrument may be obtained from the county cleric. You are obligated to pay
assessments to the owners' association. The amount of the assessments is subject to change. Your failure
to pay the assessments could result in a lien on and the foredosure of the Property.
3. SALES PRICE:
A. Cash portion of Sales Price payable by Buyer at closing . . . . . . . . . . . . . . . . . . . . . . $ zz,ooo.oo
B. Sum of all financing described below . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ o.oo
C. Sales Price (Sum of A and B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ z2,ooo.oo
4. FINANCING: Within N~A days after the effective date of this contract Buyer shall apply for all third party
finandng or noteholders approval of any assumption and make every reasonable effort to obtain finandng
or assumption approval. Financing or assumption approval will be deemed to have been obtained when the
lender determines that Buyer has satisfied all of lender's financial requirements (those items relating to
Buyer's net worth, income and credirivorthiness). If financing or assumption approval is not obtained within
N/A days after the effective date hereof, this contract will terminate and the eam est money will be
reTunded to Buyer. Each note to be executed hereunder must be secured by vendors and deed of trust Iiens.
The portion of Sales Price not payable in cash will be paid as follows: (Check applicable boxes below)
❑ A. THIRD PARN FINANCING:
D(1) This conVact is subjed to approval for Buyer of a third party loan in an amount not to
exceed N/A % of the Sales Price, evidenced by a third party first lien promissory note of
not less than $ N/A, due in full in N/a year(s), with interest not to exceed
NiA % per annum for the first NiA year(s) of the loan.
❑(2) This contract is subject to approval for Buyer of a third party loan in an amount not to
exceed N/A % of the Sales Price, evidenced by a third party second lien promissory note
of not less than $ N/A due in full in N!A year(s), with interest not to exceed
A % per annum for the first NiA year(s) of the loan.
❑ B. SELLER FINANCING: A promissory note from Buyer to Seller of $ NIA, bearing N/A %
interest per annum, secured by vendors and deed of trust liens, in acxordance with the terms and
conditions set forth in the a8ached TREC Selier Finandng Addendum. If an owner policy of tiUe
insurance Is fumished, Buyer shall fumish Seller with a mortgagee policy of tiUe insurance.
❑ C. ASSUMPTION:
❑(1) Buyer shall assume the unpaid prindpal balance of a first lien prom~shi~ unote npa d babance
N/A
at ciosing will be $ N/A . The total current monthly payment including principal,
interest and any reserve depostts Is $ NIA . Buyers inftfal payment wiil be the
first payment due after dosing.
tlaled for ldenUftqUon by Buyer and Seller - 01 A TREC NO. 94
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(Addrcss ot ProPertY)
(5) If the Property is located outside the limits of a muntdpality, Seller notfies Buyer under §5.011, Texas
Property Code, that the Property may now or later be Included in ihe extratertitorial Jurisdictlon of a
.
municipality and may now or later be subject to annexation by the munidpality. Each munfdpality.
maintains a map that depicts (ts boundaries and extratertitorial jurisdicUon. To detertnine Hthe Property
is located within a muniapatityrs extraterritorlal jurisdiction oris Iikely to be located within e municipality's
ex7aterritorial jurisdction, contact ali municipalities located in the general probmity of the Property for
further infarmation.
(6) Unless expressly prohibited in writing by the parties, Seller may continue to show the Properly for sale
and to recelve, negotlate and accept back-up offers.
1) THIS CONTRACC CONfEMPLATES A NET $22,000.00 TO SELLER LES3 SELLER'S PBORATED TAXES. BUYER WILL PAY
ALL CLOSING COSI.
2) SEM.ER GRANTS TO BUYER ACCESS TO THE PROPERTY FOR THE PURPOSE OF COttDUGTIVG ENViROMENTAL SITE
TESfING. IF THE SiTE TESTING REVEAIS AN7 CONTAMll'IATION IN ERCESS OF PERMISSABI.E LIMTf3, BUYER MAY
TERMINATE TffiS COVTRACf APID BE ENTTTLED TO AN LMMED1ATE REI+f1ND On TTS CLOSING COSf S.
3) N'HEV THE TESCING HAS BEEN APPROVED BY BUYER, BUYER Wi1.L PROVIDE AHARD SURFACE ROAD TO SELLER'S
PROPERTY SO THAT SELLEA MAY REMOVE EiLS PERSONAL PROPEATY FROM THE YAR*"*S74sr i gpU"S YERSONAL
PROPFRTY WILi, RF. RRMOVRA F7tQM THR PRRMi3PS PRTOR TO CIA3INC,. Sftid.RR WR.i. 1FEAVP:90 DAYR TO MOVF. HT3
PROPERTY. BUYER R'II.L CLOSE W1TM 30 DAY3 OF NOTICE TNAT THE PROPERTY HAS BE1+N REMOVED
BELLERpERMTfB BIIYER TO APPLY TO THE CPfP OF PARi9 TO CLO~ THE S['REET 1N FRONT OF TSE P&O ;PER11', Bi~
~(TCH CL09IIVG NOT TO BE EFFECfIn UNTII. THE CL09II'1G OF THLR CONTRACf. ` .
7. PROPERTY CONDITION:
A. INSPECTIONS, ACCESS AND UTILITIES: Buyer may have the Property inspected by an inspector
selected by Buyer, licensed byTREC or othervvise permitted by law to make such inspections. Selier shall
permit access to the Property at reasonable times for inspection, repairs and Veatrnent and for
reinspection after repairs and Veatment have been completed. Seiler shali pay for tuming on uUlitles for
InspecUon and reinspecUon.
B. ACCEPTANCEOFPROPER7YCONDITION:NOTICE:Buyershoulddetertninetheavailability ofutilities
to the Property suitable to satisfy Buyer's needs. (check one box only):
❑(1) In addition to any eamest money deposited with escrow agent, Buyer has paid Seller
$ tviw (the "Option Fee") for the unresVicted right to tertninate this contract by giving
notice of terminafion to Seller within NiA days after the effective date of this contract. If Buyer
gives notice of termination within the time specified, the Option Fee will not be refunded, however,
any earnest money wiil be refunded to Buyer. If Buyer does not give notice of termination within
the time specified, Buyer will be deemed to have accepted the Property in its current condition and
the Option Fee ❑ will ❑ will not be credited to the Sales Price at closing.
43(2) Buyer accepts the Property in its present condition.
8. BROKERS' FEES: All obligations of Uie parties for payment of brokers' fees are contained in separete
written agreements. -
9. CLOSING: The dosing of the sale will be on or before JUNE ts• Zaoz , or
within 7 days after objections to matters disclosed in the Commitment or by the survey have been cured,
whichever date is later (the Closing Date). If financing or assumption approval has been obtained pursuant
to Paragraph 4, the Closing Date will be extended up to 15 days if necessary to comply with lenders closing
requirements. If either party fails to close this sale by the Closing Date, the non-defaulting qariy will be entitled
to exercise the remedies contained in Paragraph 15. At dosing Seller shall furnish tax statements or
certificates showing no delinquent taxes and a general warranty deed conveying good and indefeasible tiUe
showing no additional excepUons to those permitted in Paragraph 6.
10. POSSESSION: Seller shall deliver possession of the Property to Buyer at closing and funding.
11. SPECIAL PROVISIONS: (Insert onlyfactual statements and business details applicableto this sale. TREC
rules prohibit licensees from adding factual statements or business details for which a contract addendum,
lease or other form has been promulgated by TREC for mandatory use.)
InlUaled for ldenUflcatlon by
and Seller.
O1A TREC NO. 9-4
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