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THENCE North 70° 13'41" East a distance of 21.56 feet with the North boundary <br />line of said Lot 5-B and the most Northerly South boundary line of said remainder of Lot <br />5 to a lh" set iron rod capped being the Northeast corner of said easement, from which <br />a 1/z" found iron rod capped bears North 70° 13'41" East a distance of 64.25 feet, being <br />the Northeast corner of Lot 5-B and an inside Northwest corner of said remainder of Lot <br />5; <br />THENCE South 2°08'S3" East a distance of 158.69 feet with the East boundary <br />line of said easement to the point of beginning and containing 0.071 acres of land. <br />The above field notes being taken from an actual survey made on the ground by <br />Mark L. Sanderson, Registered Land Surveyor of Texas #4911, September 30, 2004, <br />reference being here made to all instruments and records for all necessary purposes. <br />TO HAVE AND TO HOLD the above property unto the CITY OF PARIS for the purposes <br />aforesaid, with the right and privilege at any and a11 times to enter said premises, or any part thereof, <br />and construct, reconstruct, relocate, inspect, and maintain any and a11 utilities facilities placed or to be <br />placed therein; provided that Grantee will, after doing any work in connection with the construction, <br />reconstruction, relocation, inspection, or maintenance of said utilities facilities, restore the surface to <br />the condition in which said surface was found when such work was undertaken, insofar as permitted <br />under the plans, standards, and specifications approved for projects to be located within the herein <br />described easement, and that in the use of said rights and privileges herein granted, the Grantee will not <br />create a nuisance or do any act that will be detrimental to said premises; and provided further, that the <br />Grantor shall not erect or place any building, tree or other permanent structure on the above-described <br />perpetual easement and shall not otherwise use the above-described premises in a way that will interfere <br />with the construction, maintenance, repair, inspection, or operation of the utilities placed therein. <br />Grantor does hereby bind himself, his heirs, executors and administrators, to warrant and forever <br />defend, all and singular, said premises unto the CITY OF PARIS against every person whomsoever <br />lawfully claiming or to claim the same or any part thereof. <br />WITNESS my hand this day of October, 2004. <br />Timmy E. Lester <br />