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2013-038 Disannexating two tracts of land, one is 6.25 acres and tract two is 0.011 acre of land – Wesley Askins Survey – Clint SpencerORDINANCE NO. 2013 -038 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, DISANNEXING TWO TRACTS OF LAND; TRACT ONE BEING 6.25 ACRES OF LAND IN THE WESLEY ASKINS SURVEY, ABST. NO. 7, AND BEING THE SAME PROPERTY CONVEYED TO DON A. ENSEY BY DEED DATED JANUARY 13, 1995, OF RECORD IN BOOK 499, PAGE 259, LAMAR COUNTY, TEXAS REAL PROPERTY RECORDS; AND TRACT TWO IS 0.011 ACRE OF LAND PART OF THE WESLEY ASKINS SURVEY, ABST. NO. 7, AND BEING A PART OF A CALLED 41.67 ACRE TRACT OF LAND CONVEYED TO DON A. ENSEY BY DEED OF RECORD IN BOOK 499, PAGE 261, LAMAR COUNTY, TEXAS REAL PROPERTY RECORDS IN RESPONSE TO A PETITION FOR DISANNEXATION FILED BY PROPERTY OWNER CLINT SPENCER; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Paris has received a petition signed by James Clinton Spencer, the owner of two adjacent tracts of land located in the Wesley Askins Survey, Abstract No. 7, Paris, Texas; tract one being 6.25 acres of land and tract two being 0.011 acre of land more particularly described and depicted in Exhibit "A" attached hereto and incorporated herein by reference (the "Property "), seeking disannexation of the Property from the City of Paris, Texas, said Property forming a portion of the current boundaries of the City of Paris; and, WHEREAS, petitioners request disannexation of the Property from the City of Paris because they believe that the city is unable to provide adequate services to the property; and WHEREAS, two public hearings have been noticed and held to receive public input on this proposed disannexation, the first on October 14, 2013, and the second hearing on October 21, 2013 in accordance with state law; and WHEREAS, the City Council, having reviewed the petition and exhibits for the proposed disannexation and having received public comment, hereby finds and determines that the proposed disannexation of the Property is in the best interest of the City of Paris and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. 1 Section 2. That the City Council does hereby accept and approve the petition for disannexation of the Property, a copy of which is attached hereto and incorporated herein by reference as Exhibit "B ". Section 3. That by adoption of this ordinance, the City Council does hereby disannex that Property currently within the boundaries of the city limits of the City of Paris, Texas, said property consisting of approximately 6.261 acres of land, more or less, and forming a portion of the current boundary of the City of Paris, said Property being more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. Section 4. That the Property described in Exhibit "A" shall be, and is hereby upon the effective date of this ordinance, in all things disannexed from the city limits of the City of Paris, Texas. Section 5. That in accordance with Section 43.148 of the Texas Local Government Code, the City Council finds and determines that the value of services provided by the City for the direct benefit of the property during the period of time said area was located within the city limits of the City of Paris, equals- or exceeds the amount of property taxes and fees collected from the landowners whose property is located within the area disannexed herein. Section 6. That from and after the date of final adoption of this ordinance, the boundaries of the City of Paris, as the same appear in any and all official documents, maps, or other renderings, shall be and are hereby adjusted to reflect new boundaries of the City of Paris as amended by this disannexation. Section 7. That all provisions of the ordinances of the City of Paris, Texas in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 8. That the repeal of any ordinance or part of ordinances affected by the enactment of this ordinance shall not be construed as abandoning any action now pending under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any penalty accruing or to accrue, or as affecting any rights of the municipality under any section or provisions of any ordinance at the time of passage of this ordinance. Section 9. That it is the intention of the City Council of the City of Paris that this ordinance, and every provision hereof, shall be considered severable, and the invalidity or partial invalidity of any section, clause, or provisions of this ordinance shall not affect the validity of any other portion of this ordinance. Section 10. That this ordinance shall become effective from and after its passage of the second reading and publication as required by law. 2 PASSED AND ADOPTED on this 11th day of November 2013. ATTEST: nice Ellis, City Clerk APPROVED AS TO FORM: W. Kent Mcllya City Attorney A.J. Washmt M METES AND BOUNDS DESCRIPTION The City of Paris, Texas, proposes to institute disannexation proceedings pursuant to Article II of the City Charter and Sections 143.141 and 143.142 of the Local Government Code to disannex two tracts of land, a 6.25 acre tract (hereinafter referred to as Tract 1) and a 0.011 acre tract (hereinafter referred to as Tract 2) as follows: Trnot 1 A tract of 6.25 acres of land in the Wesley Askins Survey, Abst. No. 7, being the same property conveyed to Don A. Ensey by deed dated January 13, 1995, of record in Book 499, Page 259, Lamar County Real Property Records; more fully described by metes and bounds as follows: BEGINNING at the Northeast corner of a 50 acre tract of land described in deed from W.A. Ryan to Lou Ella Ryan dated October 19, 1998, of record in the Deed Records of Lamar County, Texas; THENCE West 25 rods; THENCE South 40 rods; THENCE East 25 rods; THENCE North 40 rods to the place of beginning, containing 6 — '/ acres of land, and being the same property described in deed dated June 7, 1911, of record in Book 140, page 258, Lamar County Deed Records; reference being made to all the above mentioned instruments and records for all necessary purposes. Tract 2 A tract of 0.011 acre of land situated about four (4) miles North 68 Deg. East from the City of Paris, County of Lamar, and State of Texas, a part of the Wesley Askins Survey, Abst. No. 7, and being part of a called 41.67 -acre tract of land conveyed to Don A. Ensey by deed of record in Book 499, Page 261, Lamar County Real Property Records of said County and State; more fully described as Tract Two; more fully described by metes and bounds as follows: Beginning at an el corner of said Ensey 41.67 acre tract, at the Southwest corner of a called 6.25 acre tract of land conveyed to said Ensey by deed recorded in Vol. 499, Page 259, of said Real Property Records, and in the North Boundary Line of lot 8 of Wildwood Estates, said Addition being recorded in Envelope 321 -A of the Plat Records of said County and State. Thence South 89 °16'27" West a distance of 10 feet for corner at the Northwest corner of said lot 8 and in the East Boundary Line (cul d'sac, R =50') of Wildwood Lane; Thence in a Northwesterly direction along the East Boundary Line of said Wildwood Land, being a long a cul d'sac, around a curve (R =50', C =North 22 °18'58" West 37.97') to the left a distance of 38.95 feet for corner in the South Boundary Line of lot 9 of said Wildwood Estates; Thence East a distance of 23.92 feet for corner at the Southeast corner of said lot 9, in an East Boundary Line of said Ensey 41.67 acre tract, and in the West Boundary Line of said Ensey 6.25 acre tract; Thence South 0 °48'27" East a distance of 35.01 feet to the place of beginning and containing 0.011 acres of land. EXHIBIT "A" APPLICATION FOR DISANNEXATION NAME OFAPPLICANT(S): MAILING ADDRESS:' Ci' S '-=�Sf S ,`c -7, 01.i 9 - - - TELEPHONE NUMBER: ';VV -'/V513 VOTING DISTRICT NUMBER: -0 _ (this information may be obtained through the City Cle rk of the City of Paris) VOTER REGISTRATION NUMBER: ADDRESS OF PROPERTY: _`i� Cr*4&W_j 1 /We, the undersigned owner(s) of the above- described property, do hereby petition the City of Paris to disannex my /our property for the following reasons: REQUIREMENTS: Attach a complete copy of the latest deed of record for the above - described property evidencing ownership. This deed must include a legal description of the property requested to be disannexed along with a plat or a drawing indicating the area to be disannexed. I /We understand that the City of Paris has no obligation to disannex property except as may be required by law. This application must le completed, in its entirety, with all required attachments. Appiicant(s) Sig azure Date Applicant(s) Signature � c Date 631@6%200 02:13:27 W­ By: gret,henb Lamar County, TX lllill IIII Ill Ills I�IIiI llullllll IIII Ill�lilllll III IIIII Ilif! � li lfll IIII NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. WARRANTY DEED (with Vendor's Lien) THE STATE OF TEXAS ) ©� -_7(., Jr KNOW ALL MEN BY 'THESE PRESENTS: COUNTY OF LAMAR ) THAT I, DON A. ENSEY (herein called "grantor "), of the County of Lamar, State of Texas, not joined herein by my wife for the reason no part of the within described property is any portion of our homestead, for and in consideration of the sum of Ten ($10.00) and more Dollars cash to me in hand paid by CLINT SPENCER, receipt of which is hereby acknowledged; and Fifty -eight thousand five hundred and no /100 ($58,500.00) Dollars paid by CENTURY BANK, N.A., Texarkana, Arkansas, for the grantee herein at his special instance and request, which sum of $58,500.00 is evidenced by vendor's lien note executed by grantee herein, payable to CENTURY BANK, N.A. as therein provided, secured by the vendor's lien herein retained and additionally secured by deed of trust to Mike Kennedy, Trustee, for the benefit of the holder of said note. The vendor's lien herein retained is hereby transferred and assigned to CENTURY BANK, N.A., Texarkana, Arkansas, and it is subrogated to all the rights thereto as if it were the original grantor herein; have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey unto CLINT SPENCER (herein called "grantee "), of the County of Lamar, State of Texas, where his mailing address is 860 33`d Street SE, Paris, Texas 75460, all those certain tracts or parcels of land in Lamar County, Texas described as follows: —1— TRACT ONE: A tract of 6.25 acres of land in the Wesley Askins Survey, Abst. No. 7, about four (4) miles Northeasterly from the City of Paris, and being the same property conveyed to Don A. Ensey by deed dated January 13, 1995, of record in Book 499, Page 259, Lamar County Real Property Records; more fully described as Tract One in Exhibit "A" attached hereto and made a part hereof for all necessary purposes. TRACT TWO (this tract to provide access to Tract One described herein): A tract of 0.011 acre of land about four (4) miles North 68 Deg. East from the City of Paris, part of the Wesley Askins Survey, Abst. No. 7, and being part of a called 41.67 -acre tract of land conveyed to Don A. Ensey by deed of record in Book 499, Page 261, Lamar County Real Property Records; more fully described as Tract Two in Exhibit "A" attached hereto and made a part hereof for all necessary purposes. The conveyance evidenced by this deed is made subject to any and all easements, rights -of -way, restrictions, covenants, conditions and reservations of record applicable to the within described property or any part thereof; including specifically such easements, rights -of -way and building/set -back lines as appear on the plat of the Wildwood Estate Addition, of record in Envelope 321 -A, Lamar County Plat Records. TO HAVE AND TO HOLD the within described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto CLINT SPENCER, his heirs or assigns forever; and grantor hereby binds himself, his heirs, executors, administrators, personal representatives, successors and assigns, to Warrant and Forever Defend, all and singular the within described property and premises unto CLINT SPENCER, his heirs and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof. BUT IT IS EXPRESSLY AGREED and stipulated that the vendor's lien is retained as aforesaid against the within described property, premises and improvements until the above described notes, and all interest thereon, are fully paid according to their face and tenor, effect and reading, when this deed shall become absolute. WITNESS my hand this 5th day of March, 2008. DON A. ENSEY —2— THE STATE OF TEXAS COUNTY OF LAMAR ) THIS instrument was acknowledged before me on the 0 day of March, 2008, by DON A. ENSEY. fddddpApOi :dpBpppOOpppppppdrpOppp4pppbp A .aair.r, 4State KI MBERLY K. RICHEY Notary Public otary PuTexas 9V ;01 STAVE OF TEXAS Expires E es 04/09/2008 vsCr. oaut aavaarK+roatraoapovonnaaeooeasa AFTER RECORDING RETURN TO: Mr. Clint Spencer 860 33`d Street SE Paris, Texas 75460 —3— PREPARED IN THE LAW OFFICE OF: A. W. Clem, Attorney c/o The Moore Law Firm, L.L.P. 100 N. Main St., Paris, TX 75460 -4222 i Smallwood Rd ' r Z J 4 k k AVIeMbI ir y, {r-.' r•,` 444,,, �,t `fi.IR a• � ...- ,,,...iiii Disannexation Request: Clint Spencer Property (Wildwood Ln) Legend - City Limits - Paris, Texas Outside City Limits Property Requesting Disannexation N 3 CL LIflIItS+� �' OF 4 '.,.� e T.