13 - Agreement with Nash for cost sharing of improvements - Johnson Woods Creek

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STATE OF TEXAS COUNTY OF LAMAR KNOW ALL MEN BY THESE PRESENTS: AGREEMENT THIS AGREEMENT is entered into this day of , 2020, by and between GARY NASH AND REBECCA NASH, hereinafter collectively referred to as "NASH," and the CITY OF PARIS, TEXAS, hereinafter referred to as "CITY". WHEREAS, NASH owns the property located at 645 Johnsons Woods Drive, Paris, Texas 75460, more particularly described as Block B, Lots 3 & 4 in the Merry -Glen Addition, which property backs up onto Johnsons Woods Creek ("the Creek"); and WHEREAS, the back of the NASH property suffers from erosion abutting the Creek; and WHEREAS, City maintains a drainage and utility easement of 35 feet, of which 25 feet is on the NASH property; and WHEREAS, in 2019 and 2020, pursuant to a 2013 bond package for improvement of water and sewer lines throughout the CITY, CITY performed major sewer improvements within said drainage and utility easement; and WHEREAS, concurrent with the sewer improvements, CITY also made drainage improvements to the Creek, which is a major natural waterway in the City, and which is vital to proper drainage within the Johnsons Woods area; and WHEREAS, NASH had made prior improvements to the back of their property prior to said sewer, and drainage improvements; and WHEREAS, as a part of said sewer, and drainage improvements, CITY installed erosion control measures including a gabion wall up to a sackrete wall on NASH's property; and WHEREAS, soon after the completion of the gabion wall, NASH's sackrete wall failed; and WHEREAS, NASH's property is at a bend in the Creek which the CITY would have armored as a part of the project had the NASH's sackrete wall not existed because it is critical to maintenance of the Creek as a viable major waterway that this area of the Creek be so armored; and WHEREAS, therefore, there is a public purpose and necessity for the CITY to replace the NASH's sackrete wall with a gabion wall; and