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09 Simmons Drive Ord ClosingDRAFT J:\Attorney\ALICE\ORDWORK\CiJRRENT\Simmons Dr Closing SW Ord.wpd August 30, 2002 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, ABANDONING A 50 FOOT WIDE STREET KNOWN AS COUNTY ROAD 42602 AND ALSO KNOWN AS SIMMONS DRIVE IN THE EAST 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; DECLARING NO NECESSITY OR NEED OF SAID STREET FOR CITY USE; 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 a fifty (50) foot wide street known as County Road 42602, and also known as Simmons Drive, in the East 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, is of no use as a street to the City of Paris or to its citizens; and, WHEREAS, the City Council of the City of Paris has received a petition from adj acent property owners requesting that the fifty (50) foot street be abandoned from the west boundary line of Mockingbird Lane, west approximately 150 feet to the end of said street, located between Pine Mill Road and Noles Drive; and, WHEREAS, the City Council, following receipt of said petition, adopted Resolution No. 2002-133 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 & 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 & 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; 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 right-of-way; 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 right-of-way; 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 fifty (50) foot street known as County Road 62602, and also known as Simmons Drive, in the East Suburban Estates Addition, beginning at the west boundary line of Mockingbird Lane and continuing west approximately 150 feet to the end of said street, described in Exhibit A attached hereto, found to be of no use as a street to the City of Paris or its citizens, shall be and is hereby abandoned. Section 3. That this ordinance shall become effective on October 1, 2002. PASSED, APPROVED, 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 F,xuTUTT a DESCRIPTION OF SIMMONS DRIVE 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 Enoch Crow Survey, being a fifty (50) foot street located in Block E of the East Suburban Estates Addition to the City of Paris, as the same appears of record in Volume 5, Page 57 of the Lamar County Plat Records, between Pine Mill Road and Nole Drive, and being more particularly described as follows: BEGINNING at the southeast corner of Lot 1, Block E, East Suburban Estates Addition, being in the west boundary line of Mockingbird Lane; THENCE West along the south boundary line of Lot 1 a distance of approximately 150 feet to a point being the southwest corner of said Lot 1; THENCE South a distance of 50 feet to the northwest corner of Lot 5 in Block A of said Addition; THENCE East along the north boundary line of said Lot 5, Block A, a distance of approximately 150 feet to a point being the northeast corner of said Lot 5; THENCE North along the west boundary line of Mockingbird Lane a distance of 50 feet to the place of beginning and containing 7,500 square feet, more or less.