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5 4 RESOLUTION NO. 87 -015 WHEREAS, the City Council of the City of Paris did heretofore approve the Plat of Cherry Lane Estates, includ- ing easements shown there, which Plat is recorded in Envelope 223/B, Plat Records, Lamar County, Texas; and, WHEREAS, thereafter a single family residence was constructed on Lot 12, Block "A" of Cherry Lane Estates in such a manner as to encroach upon a platted utility easement along. the South side of said lot, said utility easement being 25' in width and said encroachment being 2' 9 "; and, WHEREAS, the City of Paris can quit claim a rectangle 5' x 39'6 of the utility easement to eliminate such encroachment without losing the utility of the utility easement said rectangle being more particularly described in surveyor's plat attached hereto as Exhibit A; and, WHEREAS, J. P. Rodgers and wife, Ava Rodgers current property owners of Lot 12, Block "A ", Cherry Lane Estates, have agreed to the affixing of a covenant running with the land to be impressed upon said lot holding the City of Paris harmless for any damage occurring to the single family dwelling existing upon said lot from the City of Paris' utility construction, reconstruction or repair occurring within the boundary of said utility easement as reduced by the quit claiming of the aforesaid described 5' x 39'6 "; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the rectangle 5' x 39'6" described in Exhibit A attached hereto is abandoned and vacated; and BE IT FURTHER RESOLVED, That the Mayor of the City of Paris, Billy Joe Burnett, be, and he is hereby authorized and directed to execute on behalf of the City of Paris the quit claim deed to J. P. Rodgers and wife, Ava Rodgers, in the form of Exhibit B attached hereto. Passed and adopted this 26th day of January, 1987. ATTEST: 1 io Mattie Cunning ham, Git)c Clerk FORM: aynes, Gity Attorney j.- Burnett, Mayor