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<br />C> <br /> <br />c' <br /> <br />... <br /> <br />UTILITY EASEMENT <br /> <br />STATE OF TEXAS <br />COUNTY OF LAMAR <br /> <br />} <br />} <br /> <br />KNOW ALL MEN BY THESE PRESENTS: <br /> <br />That THE CRIST AND ELIZABETH PSHIGODA MEMORIAL FOUNDATION, A Texas <br />Non-Profit Corporation, and CURTIS DALE MABERRY and wife, LISA GAYE MABERRY <br /> <br />(hereinafterreferred to Grantors), for and in consideration of the sum ofTEN DOLLARS ($10.00) cash, <br /> <br />and other good and valuable consideration, to it and them in hand paid by the CITY OF PARIS, Paris, <br /> <br />Texas, the receipt and sufficiency of which is hereby acknowledged, do hereby sell, give and grant unto <br /> <br />the said CITY OF PARIS, a municipal corporation, of Lamar County, Texas, (hereinafter referred to <br /> <br />as Grantee) a perpetual utility easement described as follows: <br /> <br />All that certain tract or parcel of land situated within the corporate limits of the <br />City of Paris, County of Lamar and State of Texas, a part of the Joseph Leach Survey, <br />Abstract No. 524, said tract ofland containing 0.116 acre as more particularly described <br />on Exhibit "A" attached hereto and made a part hereof for all necessary purposes, being <br />a Plat and Field Notes prepared by R. Brandon Chaney, RPLS #4057, State of Texas, on <br />the 24th day of August, 2004. <br /> <br />TO HAVE AND TO HOLD the above property unto the CITY OF PARIS, its successors and <br /> <br />assigns forever, for the purposes aforesaid, with the right and privilege at any and all times to enter said <br /> <br />premises, or any part thereof, and construct, reconstruct, relocate, inspect, and maintain any and all <br /> <br />utility facilities placed or to be placed therein; provided that Grantee will, after doing any work in <br /> <br />connection with the construction, reconstruction, relocation, inspection, or maintenance of said utility <br /> <br />facilities, restore the surface to the condition in which said surface was found when such work was <br />undertaken, insofar as permitted under the plans, standards, and specifications approved for projects to <br />be located within the herein described easement, and that in the use of said rights and privileges herein <br />granted, the Grantee will not create a nuisance or do any act that will be detrimental to said premises; <br /> <br />and provided further, that the Grantors shall not erect or place any building, tree or other permanent <br />structure on the above-described perpetual easement and shall not otherwise use the above-described <br /> <br />premises in a way that will interfere with the construction, maintenance, repair, inspection, or operation <br /> <br />of the utilities placed therein. <br /> <br />EXHfBfT iL <br />