05-H Simmons Dr. Ref to P&ZDRAFT
J:\Attorney\ALICE\RESWORK\CiJRRENT\Simmons Dr Clsg 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 PETITION TO THE PLANNING AND
ZONING COMMISSION REQUESTING THE ABANDONMENT OF A 50
FOOT WIDE STREET KNOWN AS COUNTY ROAD 42602, AND ALSO
KNOWN AS SIMMONS DRIVE IN THE SUBURBAN ESTATES ADDITION,
BETWEEN PINE MILL ROAD AND NOLES DRIVE BEGINNING AT THE
WEST BOUNDARY LINE OF MOCKINGBIRD LANE GOING WEST
APPROXIMATELY 150 FEET TO THE END OF SAID SIMMONS DRIVE;
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 50 foot wide street known as County Road 42602, and also
known as Simmons Drive, be abandoned from the West boundary line of Mockingbird Lane
going West approximately 150 feet to the end of said Simmons Drive, located between Pine Mill
Road and Noles Drive; 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., in the Paris Junior College Applied Technology Bldg., Room 1016, at 2400 Clarksville, Paris,
Texas, on the 3rd day of September, 2002, and before the City Council at 6:00 p.m. on the Sth
day of September, 2002; 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 50 foot wide street known as County Road
42602, and also known as Simmons Drive, from the west boundary line of Mockingbird Lane
going west 150 feet to the end of said Simmons Drive, between Pine Mill Road and Noles
Drive, 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
Bldg., Room 1016, at 2400 Clarksville, 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 Bldg., Room 1016, at 2400 Clarksville, 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
Date: P 3- 01- , 2002
TO THE HONORABLE MAYOR AND CTTY COUNCIL OF THE CITY OF PARIS:
WE, the undersigned owners of property adjacent to that fifty (50) foot wide street known
as County Road 42602 and also known as Simmons Drive running East and West beginning at the
West Boundary Line of Mockingbird Iane going approximately 150 feet West to the end of said
Simmons Drive, located North of Pine Mill Road, do hereby petidon the City of Paris to abandon
the same.
NAME
rry W. rooks
ze=e'~"
Lana Sue Brooks
ADDRESS
4025 Old Bonham Road
Paris, TX 75460
607 Clazksville
Paris, TX 75460
PROPERTY
Lot 1 Block E. Suburban Est.
1105 Mockingbird Drive
I.ot 5, Block A. Suburban Est.
1125 Mockingbird Drive
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MEMORANDUM
T0: Lany W. Schenk, City Attorney
FROM: Shawn Napier, P.E.
City Engineer
DATE: August 7, 2002
SUBJECT: Simmons Drive Abandonment
I have reviewed the request to abandon Simmons Drive. Simmons Drive is located within the
East Suburban Estates subdivision, it is currently being used as a driveway by the adjacent
landowner at 1105 Mockingbird. There are no utilities in the Right of way (R.O.W.) of
Simmons Drive. No easement will be required if the R.O.W. is abandoned. I am in favor of
abandoning the R.O.W.