2014-026 - Authorizing the abandonment of a parcel of public right-of-way located between lots 12A and 13, Block 74, located at 1050-1060 North Main StreetRESOLUTION NO. 2014 -026
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
TEXAS, AUTHORIZING THE ABANDONMENT a 2,081 SQUARE FOOT
PARCEL OF PUBLIC RIGHT -OF -WAY LOCATED BETWEEN LOTS
12A AND 13, BLOCK 74, CITY OF PARIS, LAMAR COUNTY, TEXAS;
MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, Offutt Properties, LLC, the owner of Lot 12A and Lot 13, Block 74, 1050-
1060 North Main Street, City of Paris, Lamar County, Texas, has requested the City to abandon a
2,081 square foot pie- shaped parcel of Right -of -Way located between the above referenced lots
which is not being utilized by the City of Paris, see Petition for Abandonment, attached hereto as
Exhibit "A" (hereinafter "Right -of- Way "); and,
WHEREAS, the City Engineer has determined that this parcel of Right -of -Way is no
longer needed by the City of Paris for any purpose, and that other easements located in the street
or in other areas hold all necessary utilities, and this 2,081 square foot parcel should be
abandoned to the abutting property owner.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PARIS:
Section 1. That the findings set out in the preamble of this resolution are hereby in all
things approved.
Section 2. That the 2,081 square foot parcel of City Right -of -Way located between
Lots 12A and 13, Block 74, City of Paris, Lamar County, Texas is no longer needed by the City
as public Right -of -Way and should be abandoned to the adjacent property owner.
Section 3. That the above described Right -of -Way, is hereby abandoned and the City
Manager be, and is hereby directed to execute the Abandonment of Right -of -Way attached
hereto in Exhibit `B ".
Section 4. That this resolution shall be effective from and after the date of passage.
PASSED AND ADOPTED this 28th day of July, 2014.
Matt Frierson, Mayor
ATTEST:
ice Ellis, City Clerk
APPROVED AS TO FORM:
� p je,� '(�A
W. Kent Mc yar, ity Attorney
PETITION FOR ABANDONMENT OF CITY RIGHT -OF -WAY
We, the undersigned, Offutt Properties, LLC (hereinafter "Owners "), being the
owners of the real property abutting that 2,081 square foot pie- shaped parcel located
between Lot 12A and Lot 13, Block 74 of the City of Paris, Lamar County, (hereinafter
called "Right -of- Way "), more particularly described by metes and bounds in the field
note description attached hereto and incorporated herein as Exhibit "A" do hereby
request that the City of Paris, Texas ( "City ") abandon the Right -of -Way.
1. The Owners are requesting the abandonment of the Right -of -Way for the
following reasons:
This is a 2,081 square foot triangular shaped parcel that was conveyed to
the City of Paris back in 1994 for possible MILK road alignment, but was
never utilized by city. The parcel lies between two lots owned by Offutt
Properties, LLC. The property is no longer needed by the City of Paris for
Right -of -Way use, nor is the Right -of -Way needed by the utility companies.
2. The following public interest will be served as a result of the abandonment:
Neither the City of Paris nor the local utility providers need this small
parcel for public purposes. The City will abandon the parcel to the abutting
property owner to create a more developable tract.
3. Notice of Sale or Competitive Bid required? No. This 2,081 square foot
parcel represents a narrow strip of land that because of its shape, lack of
access to public roads or small area cannot be used independently under
its current zoning or under applicable subdivision or other development
control ordinances, therefore public notice of sale is not required.
4. The Owners hereby represent and affirm to the City of Paris, Texas that no other
property owner, lessee, tenant or easement or license holder uses the Right -of-
Way to access or to serve their property.
5. The Owners further agree to release, defend, indemnify and hold the City,
its officers, agents and employees harmless from and against any and all
claims, losses, demands, suits, judgments and costs, including reasonable
and necessary attorney's fees and expenses, arising out of, related to or
resulting from the abandonment and closing of the Right -of -Way by City of
Paris, Texas.
6. The Owners understand and agree that the abandonment is in the sole
discretion of the City Council of the City of Paris, Texas. The Owners also
understand and agree that the Right -of -Way will be abandoned to them in
proportion to their abutting ownership. The abutting ownership will be
determined by the number of linear feet of frontage adjacent to the Right -of -Way
i'
PETITION FOR ABANDONMENT EXHIBIT PAGE 1
owned by each property owner. Based on the foregoing, the Owners hereby
represent and affirm that they have searched the public land records and
determined that the abutting ownership is in the following proportions:
Both Iots12A and 13, Block 74 are owned by Offutt Properties, LLC
7. Owner or City shall also prepare a map or drawing showing the Right -of -Way to
be abandoned along with a designation of all abutting property owners. This
map or drawing shall be attached hereto and incorporated herein as Exhibit "B ".
8. Owner or City shall also prepare a separate field note description for each
portion of the Right -of -Way to be quitclaimed to each abutting property owner.
This description shall be attached hereto and incorporated herein as Exhibit
,.C„
9. The undersigned officers and /or agents of the Owners hereby represent and
affirm that they have the necessary authority to execute this Petition for
Abandonment on behalf of the Owners.
Marx Offutt, Offutt Properties, LLC
Name: - lz)
Title:
Date: � ' "�u- -/ z
PETITION FOR ABANDONMENT PAGE 2
FOR DEPARTMENTAL USE ONLY
The Right -of -Way to be abandoned is to one or more abutting property owners and is
exempt from the requirement that fair market value be paid for the following reason(s):
The Right -of -Way consists of narrow strips of land, or land that because
of its shape, lack of access to public roads, or small area cannot be used
independently under its current zoning or under applicable subdivision or
other development code ordinances;
❑ The Right -of -Way consists of streets or alleys, owned in fee or used by
easement;
❑ The Right -of -Way consists of land or a real property interest originally
acquired for streets, rights -of -way, or easements that the City of Paris has
decided to exchange with Owner for other land to be dedicated and used
for streets, rights of way, easements, or other public purposes, including
transactions partly for cash;
❑ The Right -of -Way contains land that the City wants to have developed by
an independent foundation;
❑ The Right -of -Way is located within a reinvestment zone designated by law
that the City desires to have developed under a project plan adopted by
the municipality for the zone.
Enginee-rirYg Department
City of Paris, Texas
PETITION FOR ABANDONMENT PAGE 3
C.
L3
,e,o 1,1010
a�
w nITA FE
EXHIBIT
r�r o �' �o� 1�,A-
Go 6984
RIGHT -OF -WAY DEED C •( ✓. 74q
THE STATE OF TEXAS §
COUNTY OF LAMAR § KNOW ALL MEN BY THESE PRESENTS:
That PAUL SHONEBARGER, of the County of Lamar, State of
Texas, hereinafter referred to as Grantors, whether one or
more, for and in consideration of the sum of ONE AND NO 1100
DOLLARS ($1.00) cash, and other good and valuable
consideration, to Grantors in hand paid by the CITY OF PARIS,
Paris, Texas, a municipal corporation, receipt and
sufficiency of which is hereby acknowledged, and for which no
lien is retained, either expressed or implied, have this day
sold, and by these presents do Grant, Bargain, Sell and
Convey unto the CITY OF PARIS, Paris, Texas, a municipal
corporation, of Lamar County, Texas, all that certain tract
or parcel of land in Lamar County, Texas, and being more
particularly described as follows, to -wit:
4� SITUATED in Lamar county, Texas, described as
follows:
A parcel of land being a part of that 15,120
square foot parcel as deed to Paul Shonebarger from
William Thomas Murphy, Executor, on September 29,
1989, as recorded in Volume 117, Page 119 of the Deed
Records of Lamar County, Texas, being out of the
Larkin Rattan Survey. Abstract No. 778, and being
more particularly described as follows:
The Point of Beginning is a found 3/8" iron rod
found being the Northwest corner of said Shonebarger
parcel, being in the East line of the Right of Way of
Main Street, and being the Southwest corner of a
parcel deeded to the City of Paris as recorded in
Volume 674, Page 259 Deed Records, Lamar County,
Texas.
THENCE N 890 47' 17" E with the line common to
said Shonebarger parcel and said city parcel a
distance of 125.86 feet to a 1/2" iron rod set;
THENCE S 75° 00' 00" W leaving said common line
and crossing said Shonebarger parcel a distance of
100.61 feet to the point of curve of a circular to
the right having the radius of 411.97 feet;
THENCE with s id curve to the right through a
central angle of 040 04' 37" an arc distance of 29.31
feet, having a chord which bears S 770 02' 18" W a
distance of 29.31 feet to a 1/2" iron rod set on the
west Right of Way of Main Street;
THENCE N 00 12' 43" W with the West line of said
Shonebarger parcel being the East line of said Main
Street Right of Way a distance of 32.15 feet to the
Point of Beginning and having 2081 square feet of
land, leaving a remainder area of 13,039 square feet
of land.
RETURN TO: CITY ATTORNEY, CITY OF PARIS
P. O. BOX 9037
Paris, TX 75461
RP 48 / PAGE t 2
Grantors reserve all of the oil, gas and sulphur in and under
the land herein conveyed but waive all rights of ingress and
egress to the surface thereof for the purpose of exploring,
developing, mining or drilling for same; however, nothing in
this reservation shall affect the title and rights of the
CITY OF PARIS to take and use all other minerals and
materials thereon, therein and thereunder.
TO HAVE AND TO HOLD the above described premises herein
conveyed together with all and singular the rights and
appurtenances thereto in anywise belonging, unto the CITY OF
PARIS and its assigns forever; and Grantors do hereby bind
ourselves, our heirs, executors, administrators, successors
and assigns, to Warrant and Forever Defend all and singular
the said premises herein conveyed unto the CITY OF PARIS and
its assigns against every person whomsoever lawfully claim-
ing or to claim the same or any part thereof.
IN WITNESS WHEREOF, this instrument is executed on this
the 1st day of November, 1994.
ne�I
PAUL SHONEBARGER
STATE OF TEXAS §
COUNTY OF LAMAR §
BEFORE ME, the undersigned authority, on this day
personally appeared PAUL SHONEBARGER, known to me to be the
person whose name is subscribed to the foregoing instrument,
and acknowledged to me that he executed the same for the
purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 1 "Y day
of November, 1994.
/ /
/ .tsar N'a"
ALICE M. PINALTO /
/ =r,
Notary Public
7 -
i
/
j`
state of Texas
ary Pu ic, tate o Texas
Commission Expires /
My commission expires:
I -
RP
rJ
487PACE273