2007-138-RES-Accepting an off-site utility easement associated with the construction of a building for Fastenal Company

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UTILITY EASEMENT STATE OF TEXAS ~ KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR That we, Robert L. Burton and wife, Pauline M. Burton, of the County of Lamar, State of Texas, (hereinafter referred to as Grantors) for and in consideration of the sum of TEN DOLLARS ($10.00) cash, and other good and valuable consideration, to us in hand paid by the CITY OF PARIS, Paris, Texas, the receipt and sufficiency of which is hereby acknowledged, do hereby sell, give and grant unto the said CITY OF PARIS, a municipal corporation, of Lamar County, Texas, (hereinafter referred to as Grantee) a perpetual utility easement described as follows: SITUATED within the corporate limits of the City of Paris, County of Lamar and State of Texas, being 0.065 acres of land, a part of the Reddin Russell Survey A-786, and being a part of Lot 9, City Block 250, as conveyed from Floyd Foley and wife Bettie C. Foley and Donald B. Williamson and wife Elizabeth Williamson to Robert L. Burton and wife Pauline M. Burton on May 30, 1989, recorded in Vol. 93, Page 42 of the Real Property Records of said county, and being more particularly described by metes and bounds in Exhibit A attached hereto and made a part hereof. TO HAVE AND TO HOLD the above property unto the CITY OF PARIS for the purposes aforesaid, with the right and privilege at any and all times to enter said premises, or any part thereof, and construct, reconstruct, relocate, inspect, and maintain any and all utility facilities placed or to be placed therein; provided that Grantee will, after doing any work in connection with the construction, reconstruction, relocation, inspection, or maintenance of said utility facilities, restore the surface to the condition in which said surface was found when such work was undertaken, insofar as permitted under the plans, standards, and specifications approved for prof ects to be located within the herein described easement, and that in the use of said rights and privileges herein granted, the Grantee will not create a nuisance or do any act that will be detrimental to said premises; and provided further, that the Grantors shall not erect or place any building, tree or other permanent structure on the above-described perpetual easement EXHIBIT .~..