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06 3rd Street S.E. Ord ClosingDRAFT J:\Attorney\ALICE\ORDWORK\CiJRRENT\3rd St Clsg Paris Blvd-Sycamore Ord.wpd August 30, 2002 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, ABANDONING AN 80 FOOT STREET KNOWN AS 3RD STREET S.E., BEGINNING IN THE NORTH BOUNDARY LINE OF PARIS BOULEVARD, NORTH TO THE SOUTH BOUNDARY LINE OF SYCAMORE AVENUE; 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; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it has been brought to the attention of the City Council of the City of Paris that an eighty (80) foot street known as 3rd Street S.E., beginning at the north boundary line of Paris Boulevard going north to the south boundary line of Sycamore Avenue, is of no use as a street 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 letters from adjacent property owners requesting that the eighty (80) foot street be abandoned from Paris Boulevard to Sycamore Avenue; and, WHEREAS, the City Council, following receipt of said letters, adopted Resolution No. 2002-134 on August 12, 2002, referring the matter of said proposed street abandonment to the Planning and 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 and Zoning Commission did, at 5:30 p.m. on the 3rd day of September, 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 street; and, WHEREAS, following the public hearing conducted by the Planning and 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, 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 of the City of Paris likewise conducted a public hearing on the Sth day of September, 2002, to receive comments from citizens and members of the general public for and against the proposal to abandon the aforesaid street; and, WHEREAS, the City Council, having received the recommendation of the Planning and Zoning Commission, hereby determines that it is in the best interests of the citizens and the City of Paris to abandon the aforesaid street, reserving thereto drainage and utility easements coterminous with the original boundaries of the aforesaid street 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 the eighty (80) foot street known as 3rd Street S.E., beginning at the north boundary line of Paris Boulevard going north to the south boundary line of Sycamore Avenue, described in Exhibit A attached hereto, is found to be of no use as a street 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 street 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 street so abandoned and shall be coterminous with the original boundaries of said street, the same being eighty (80) feet wide and beginning at Paris Boulevard going north to Sycamore Avenue in the Texas & Pacific Addition. 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 of the street 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 street 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 street 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 October 1, 2002. PASSED AND ADOPTED this Sth day of September, 2002. Michael J. Pfiester, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney FxuTUTT a DESCRIPTION OF STREET 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 Larkin Rattan Survey, and being an eighty (80) foot wide street known as 3rd Street S.E., located in the Texas and Pacific Addition of the City of Paris, from the north boundary line of Paris Boulevard north to the south boundary line of Sycamore Avenue, and being more particularly described as follows: BEGINNING at a point for corner in the north boundary line of Paris Boulevard, being the southwest corner of Lot 7, Block 12 of the Texas & Pacific Addition; THENCE North along the west boundary lines of Lots 7, 8, 9, 10, 11, and 12 of said Block 12, also being the east boundary line of 3rd Street S.E., a distance of 300 feet, more or less; THENCE continuing north across the former Paris & Mt. Pleasant Railroad right-of-way a distance of 80 feet, more or less, to a point being the southwest corner of Lot 6, Block 7 of the Texas & Pacific Addition; THENCE continuing north along the west boundary lines of Lots 6, 7, 8, 9, and 10 of said Block 7, also being the east boundary line of 3rd Street S.E., a distance of 252 feet, more or less, to a point for corner, being the northwest corner of Lot 10 of said Block 7; THENCE West a distance of 50 feet, more or less, to a point, being the southwest corner of Lot 1, City Block 162; THENCE in a northwesterly direction a distance of 50 feet, more or less, to a point in the south boundary line of Sycamore Avenue; THENCE West along the south boundary line of Sycamore Avenue a distance of 30 feet, more or less, to a point for corner in the northeastern corner of Lot 1, Block 6, Texas & Pacific Addition; THENCE South a distance of 48 feet to a point for corner, being the southeast corner of said Lot 1 and being in the north boundary line of Lot 2 of said Block 6; THENCE East along the north boundary line of said Lot 2 a distance of 20 feet, more or less, to a point for corner, being the northeast corner of said Lot 2; THENCE South along the east boundary lines of Lots 2, 3, 4, 5, and 6 of said Block 6, also being the west boundary line of 3rd Street S.E., a distance of 252 feet, more or less, to a point, being the southeast corner of Lot 6 of said Block 6; THENCE South across the former Paris & Mt. Pleasant Railroad right-of-way a distance of 80 feet, more or less, to a point for corner, being the northeast corner of Lot 1, Block 13 of the Texas & Pacific Addition; THENCE South along the east boundary lines of Lots 1, 2, 3, 4, 5, and 6 of said Block 13, also being the west boundary line of 3rd Street S.E., a distance of 300 feet, more or less, to a point for corner, being the southeast corner of said Lot 6, Block 13; THENCE East along the north boundary line of Paris Boulevard a distance of 80 feet to the point of beginning, and containing 52,480 square feet of land, more or less.