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1999-109-SPRINGLAKE ADDITION, AMEND RES 99-035 RESOLUTION NO. qq_, nq WHEREAS, the City Council of the City of Paris did heretofore, on the 12th day of April, 1999, pass Resolution No. 99-035, which said Resolution Exhibit B needs to be amended to change one general warranty cash deed for seven lots to one general warranty deed with vendor's lien for two lots and one general warranty cash deed for five lots replacing the original Exhibit B with an amended Exhibit B and adding Exhibit C, and the same should be approved; NOW, THEREl<'ORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that Resolution No. 99-035, be, and the same is hereby, amended so that such shall read as follows: "WHEREAS, the City Council of the City of Paris did heretofore, on the lOth day of August, 1999, in Resolution No. 98-111, declare surplus and authorize the sale of Lots 5,6,7, and 8, Block 7, and Lots 8, 9, 10, 11, and 12, Block 8, Springlake Addition; and, WHEREAS, bids for said property were received until 3:00 p.m., Tuesday, March 23, 1999, and the highest bids by responsible bidders were from George K. Fisher for Lots II and 12, Block 8, Springlake Addition, in the amount of $15,101.00 and $16,101.00, respectively, and from Eric S. Clifford for Lots 5, 6, 7, and 8, Block 7, and lots 8, 9, and 10, Block 8, Springlake Addition, in the amount of $14,559.97 per lot; and, WHEREAS, the form of the General Warranty Deed to George K. Fisher for the conveyance of said Lots II and 12, Block 8, Springlake Addition, attached hereto as Exhibit A, should, in all things, be approved, and the Mayor, Charles H. Neeley, should be authorized to execute the same upon the date of closing, which shall occur no sooner than thirty (30) days from the date of passage of this resolution in accordance with Section 145 of the Charter of the City of Paris; and, WHEREAS, the form of the General WaITanty Deeds to Eric S. Clifford for the conveyance of said Lots 5, 6, 7, and 8, Block 7, and Lots 8, 9, and 10, Block 8, Springlake Addition, attached herelo as Exhibits Band C, should, in all things, be approved, and the Mayor, Charles H. Neeley, should be authorized to execute the same upon the date of closing, which shall occur no sooner than thirty (30) days from the date of passage of this resolution in accordance with Section 145 of the Charter of the City of Paris; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the bids of George K. Fisher in the amount of $15,101.00 for Lot 11, and $16,101.00 for Lot 12, Block 8, Springlake Addition, and of Eric S. Clifford in the amount of $14,559.67 per lot for Lots 5, 6, 7, and 8, Block 7, and Lots 8, 9, and 10, Block 8, Springlake Addition, be, and the same are hereby, accepted and let; and, BE IT FURTHER RESOLVED, that the Mayor, Charles H. Neeley, be and he is hereby, authorized and directed to execute, on behalf of the City of Paris, General Warranty Deeds to George K. Fisher and Eric S. Clifford, under the terms and conditions and in the form shown in Exhibits A, B, and C, attached hereto, upon the date of closing, which shall occur no sooner than thirty (30) days from the date of passage of this resolution in accordance with Section 145 of the Charter of the City of Paris." PASSED AND ADOPTED this 19th day of August, 1999. Q"",~ ~. ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: ~.~. .i\.U..;. HuA St ... "e H. Harris, Assistant City Attorney GENERAL WARRANTY DEED STATE OF TEXAS ) ) ) KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR That the City of Paris, a municipal corporation, by and Ihrough its Mayor, Chafles H. Neeley, duly authorized by Resolution No. 99-_, of the County of Lamaf, State of Texas, for and in consideration of the sum of Ten and no/100 Dollars ($10.00) cash and other good and valuable consideration, in cash, 10 il in hand paid by George K. Fisher, the receipt and sufficiency of which is hereby acknowledged, have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey unto Ihe said George K. Fisher of the Counly of Lamar, State of Texas, whose mailing address is P. O. Box 819, Paris, Texas 75461 alllhat certain tract or parcel of land situated in Lamar County, Texas, and described as follows: TRACf t: LOT II. BLOCK 8. SPRINGLAKE ADDITION SITUATED wilhin the corporate limits of the City of Paris, County ofLamaf and State of Texas, a part oflhe Hiram Williams Survey Abstfact No. 1003, and being Lot 11, Block 8, Springlake Addition, being a part of the property described in deed from L. M. Hutchings to the City of Paris, dated September 4, 1987, recorded February 17, 1988 in Volume 7, ruge 328, Real Property Records, Lamar County, Texas, and being more pafticularly described as follows: BEGINNING at an iron rod (s) in the West right-of-way line of Collegiate Street, said iron rod also being the southeast corner of said Lot 1 ]; THENCE S 89.49' 54" W, with the South line of said Lot] 1, a distance of ]00.00 feet to an iron rod (s) for corner; THENCE N 00. 13' 38" E, with the West line of said Lot 1 I, a distance of 53.24 feet to an iron rod (I); THENCE N 00. 12' 04" W, continuing with the West line of said Lot 11, a distance of 11.76 feet to an iron rod (s) for corner; THENCE N 89. 49' 52" E with the North line of said Lot 11 a distance of 100.00 feet to an iron rod (s) fOf cornef; THENCE S 00. 08' 59" W with the West right-of-way line of Collegiate Street, a distance of 65.00 feet to the place of beginning, containing approximately 6,500 square feet. ~I , . ,',k: I: , '. -1- IDrnIBI'f A TRACT 2: LOT 12. BLOCK 8. SPRING LAKE ADDITION SITUATED within the corporate limits of the City of Paris, County of Lamar and State of Texas, a part of the Hiram Williams Survey Abstract No. 1003, and being Lot 12, Block 8, Spnnglake Addition, being II part of Ihe property descfibed in deed from Johnnie Lynn Hollingshead Oates and PlItsy Bernard to the City of Paris, dated July 30, 1986, recorded in Volume 702, Page 26, Deed Records, Lamar County, Texas, and being more particularly described liS follows: BEGINNING at a concrete monument (I) in the West right-of-way line of Collegiate Street, 41 feet at righl angles from survey station 52+75.43, said monument also being Ihe southeast cornef of said Lot 12; THENCE S 890 30' 21" W, with the South line of said Lot 12, a distance of 60.11 feet to a concrete monument (I); THENCE N 89040' 43" W, continuing with the South line of said Lot ]2, a distance of 40.28 feet to an iron rod (I) at the soulhwest corner of said Lot 12; THENCE N 000 13' 38" E, with the Weslline ofsllid Lot ]2, a distance of 65.00 feet to an iron rod (s) for corner; THENCE N 89049' 54" E with the North line of said Lot 12, a distance of 100.00 feet to an iron rod (s) for corner; THENCE S 000 06' 52" E with the Wesl right-of-way line of Collegiate Street, a distance of65.00 feel to Ihe place of beginning, containing approximately 6,512.67 square feet. TO HAVE AND TO HOLD the above descfibed pfemises, logelher with all and singular, the rights and appurtenances thereto in anywise belonging unto the said George K. Fisher, his heirs and assigns forever; and it does hereby bind itself, its successors and assigns, to Warrant and Forever Defend all and singular the said pfemises unto the said George K. Fishef, his heirs and assigns, against every person whomsoever lawfully claiming, or 10 claim Ihe same, or any part thefeof. WITNESS its hand at Paris, Texas, this 12th day of April, 1999. CITY OF PARIS, PARIS, TEXAS ATIEST: By: Charles H. Neeley, Mayor ~I I , ..11: 'Mattie Cunningham, City Clerk I I. '. -2- ,. THE STATE OF TEXAS ~ ~ COUNTY Of? LAMAR ~ BEFORE ME, the undefsigned authority, on this day personally appeared Charles H. Neeley, Mayor of the City of Paris, known to me 10 be Ihe person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _ day of April, 1999. Notary Public, State of Texas RETURN TO: George K. Fisher P. O. Box 819 Paris, Texas 75461 'I' , I "!I I I; '. -3- GENERAL WARRANTY DEED STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR That the City of Paris, a municipal corporation, by and through its Mayor, Charles H. Neeley, duly authorized by Resolution Nos. 99-035 and 99-_, of the County of Lamar, State of Texas, for and in consideration of the sum of Ten and nollOO Dollars ($10.00) cash and other good and valuable consideration, in cash, to it in hand paid by Eric S. Clifford, the receipt and sufficiency of which is hereby acknowledged, have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey unto the said Eric S. Clifford of the County of Lamar, State of Texas, whose mailing address is 2765 N.E. Loop 286, Paris, Texas 75460, all that certain tract or parcel of land situated in Lamar County, Texas, and described as follows: TRACT 1: LOT 5, BLOCK 7. SPRINGLAKE ADDITION SITUATED within the corporate limits of the City of Paris, County of Lamar and State of Texas, a part of the Hiram Williams Survey Abstract No. 1003, and being Lot 5, Block 7, Springlake Addition, being a part of the property described in deed from Harlow S. Redding and wife, Daisey E. Redding to the City of Paris, dated August 25, 1986, recorded March 23, 1994, in Volume 429, Page 215, Real Property Records, Lamar County, Texas, and being more particularly described as follows: BEGINNING at an iron rod (s) in the West right-of-way line of Collegiate Street, said iron rod also being the southeast corner of said Lot 5; THENCE S 89" 49' 48" W, with the South line of said Lot 5, a distance of 100.57 feet to an iron rod (s) for corner; THENCE N 00' 27' 20" E, with the West line of said Lot 5, a distance of 49.70 feet to an iron rod (f); THENCE N 00' 10' 18" E continuing with the West line of said Lot 5, a distance of 20.77 feel to an iron rod (f) for corner; t THENCE N 88" 42' 36" E with the North line of said Lot 5 a distance of 100.00 feet to an iron rod (s) for corner; THENCE S 00" 07' 05" E with the West right-of-way line of Collegiate Street, a distance of 67.92 feet to the place of beginning, containing approximately 6,938.88 square feet. EXHIBIT B TRACT 2: LOT 6, BLOCK 7, SPRINGLAKE ADDITION SITUATED within the corporate limits of the City of Paris, County of Lamar and State of Texas, a part of the Hiram Williams Survey Abstract No. 1003, and being Lot 6, Block 7, Springlake Addition, being a pari of Ihe property described in deed from Audrey K. Recla to the City of Paris, dated February, 1987, recorded in Volume 706, Page 184, Deed Records, Lamar County, Texas, and being more particularly described as follows: BEGINNING at an iron rod (s) in the West right-of-way line of Collegiate Street, said iron rod also being the southeast corner of said Lot 6; THENCE S 890 49' 50" W, with the South line of said Lot 6, a distance of 100.66 feet to an iron rod (s) for corner; THENCE N 000 32' 24" W, with the West line of said Lot 6, a distance of 56.97 feet to an iron rod (1); THENCE N 000 27' 20" E continuing with the West line of said Lot 6, a distance of 8.02 feet to an iron rod (s) for corner; THENCE N 890 49' 48" E with the North line of said Lot 6 a distance of 100.57 feet to an iron rod (s) for corner; THENCE S 000 29' 37" E with the West right-of-way line of Collegiate Street, a distance of 65.00 feet to the place of beginning, containing approximalely 6,539.47 square feet. TO HAVE AND TO HOLD the above described premises, together with all and singular, the rights and appurtenances thereto in anywise belonging unto the said Eric S. Clifford, his heirs and assigns forever; and it does hereby bind itself, its successors and assigns, to Warrant and Forever Defend all and singular the said premises unto the said Eric S. Clifford, his heirs and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof. WITNESS its hand at Paris, Texas, this 19th day of August, 1999. CITY OF PARIS, PARIS, TEXAS By: Charles H. Neeley, Mayor A TrEST: Mattie Cunningham, City Clerk THE STATE OF TEXAS ~ ~ COUNTY OF LAMAR ~ BEFORE ME, the undersigned authority, on this day personally appeared Charles H. Neeley, Mayor of the City of Paris, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowleDged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _ day of August, 1999. Notary Public, State of Texas RETURN TO: Eric S. Clifford 2765 N.E. loop 286 Paris. TexlIs 75460 GENERAL WARRANTY DEED (With Vendor's Lien) STATE OF TEXAS } KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR } That the City of Paris, a municipal corporation, by and though its Mayor, Charles H. Neeley, duly authorized by Resolution Nos. 99-035 and 99-_, of the Counly of Lamar, Stale of Texas, for and in consideration of the sum ofTen and No/lOO Dollars ($10.00) cash and other good and valuable consideration in cash, to it in hand paid, and secured to be paid by Eric S. Clifford, the receipt and sufficiency of which is hereby acknowledged; and the further consideration of $60,000.00 paid by Guaranty Bank, for Eric S. Clifford, at his special instance and request, which said sum of $60,000.00 is evidenced by vendor's lien note of the said Eric S. Clifford, of even date herewith, payable to Guaranty Bank, or order, at Paris, Texas, payable as in said note provided; the vendor's lien retained herein is additionally secured by Deed of Trust of grantee to Art Scharlach, Trustee, for the benetit of the holder of said note; have Granted, Sold and Conveyed, and by Ihese presents do Grant, Sell and Convey unto the said Eric S. Clifford, of County of Lamar, State of Texas, whose mailing address is 2765 N.E. Loop 286, Paris, Texas 75460, all that certain tract or parcel of land situated in Lamar County, Texas, and described as follows: TRACT I: LOT 7. BLOCK 7. SPRINGLAKE ADDITION SITUATED within the corporate limits of the Cily of Paris, County of Lamar and State of Texas, a part of the Hiram Williams Survey Abstract NO.1 003, and being Lot 7, Block 7, Springlake Addition, being a part of the property described in deed from James P. Miles to the City of Paris, dated November 6, 1986, recorded in Volume 703, Page 607, Deed Records, Lamar County, Texas, and being more particularly described as follows: BEGINNING at an iron rod (s) in the West right-of-way line of Collegiate Street, said iron rod also being the southeast corner of said Lot 7; THENCE S 890 49' 50" W, with the South line of said Lol 7, a distance of EXHIBIT C 100.61 feet to an iron rod (s) for corner; THENCE N 00032' 24" W, with the West line of said Lot 7, a distance of 65.00 feet to an iron rod (s) for corne~; THENCE N 890 49' 50" E with the North line of said Lot 7 a distance of 100.66 feet to an iron rod (s) for corner; THENCE S 000 29' 37" E with the West right-of-way line of Collegiate Street, a distance of65.00 feello the place of beginning, containing approximately 6,541.28 square feet. TRACT 2: LOT 8. BLOCK 7. SPRING LAKE ADDITION SITUATED within the corporate limits of the City of Paris, County of Lamar and State of Texas, a part of the Hiram Williams Survey Abstract No. 1003, and being Lot 8, Block 7, Springlake Addition, being a part of the property described in deed from H. L. Garrett and wife, Mildred Garret! to the City of Paris, dated April 15, 1987, recorded June 30, 1994, in Volume 453, Page 182, Real Property Records, Lamar County, Texas, and being more particularly described as follows: BEGINNING at an iron rod (s) in the West right-of-way line of Collegiate Street, said iron rod also being the southeast corner of said Lot 8; THENCE S 890 49' 52" W, with the South line of said Lot 8, a distance of 100.55 feet to an iron rod (s) for corner; THENCE N 000 32' 24" W, with the West line of said Lot 8, a distance of 65.00 feet to an iron rod (s) for corner; THENCE N 890 49' 50" E with the North line of said Lot 8 a distance of 100.61 feet to an iron rod (s) for corner; THENCE S 000 29' 37" E with the West right-of-way line of Collegiate Street, a distance of 65.00 feet to the place of beginning, containing approximately 6,537.7 square feet. TRACT 3: LOT 8. BLOCK 8. SPRINGLAKE ADDITION SITUATED within the corporate limits oflhe City of Paris, County of Lamar and State of Texas, a part of the Hiram Williams Survey Abstract No.1 003, and being Lot 8, Block 8, Springlake Addition, being a part of the property described in deed from David Glass to the Cily of Paris, dated March, 1997, recorded in Volume 709, Page 243, Deed Records, Lamar County, Texas, and being more particularly described as follows: BEGINNING at an iron rod (s) in the West right-of-way line of Collegiate Street, said iron rod also being the southeast corner of said Lot 8; THENCE S 890 49' 52" W, with the South line of said Lot 8, a distance of 100.31 feet to an iron rod (s) for corner; THENCE N 000 12' 04" W, with the West line of said Lot 8, a distance of 49.40 feet to an iron rod (I); THENCE N 000 32' 24" W continuing with Ihe West line of said Lot 8, a distance of 15.60 feet to an iron rod (s) for corner; THENCE N 890 49' 52" E with the North line of said Lot 8 a distance of 100.55 feet to an iron rod (s) for corner; THENCE S 000 03' 56" E with Ihe West right-of-way line of Collegiate Street, a distance of65.00 feet to the place of beginning, containing approximately 6,527.95 square feet. TRACT 4: LOT 9. BLOCK 8. SPRINGLAKE ADDITION SITUATED within the corporate limits of the City of Paris, County of Lamar and Stale of Texas, a part of the Hiram Williams Survey Abstract No. ] 003, and being Lot 9, Block 8, Springlake Addition, being a part of the property described in deed from Edith Dunn to the City of Paris, dated May 12, ] 987, recorded September 9, 1998 in Volume 45, Page 46, Real Property Records, Lamar County, Texas, and being more particularly described as follows: BEGINNING at an iron rod (s) in the West right-or.way line of Collegiate Street, said iron rod also being the southeast corner of said Lot 9; THENCE S 890 49' 52" W, with the South line of said Lot 9, a distance of 100.15 feet to an iron rod (s) for corner; THENCE N 000 12' 04" W, with the West line of said Lot 9, a distance of 65.00 feet to an iron rod (s) for corner; THENCE N 890 49' 52" E with the North line of said Lot 9 a dislance of 100.3] feet 10 an iron rod (s) for corner; THENCE S 000 03' 56" E with the West right-of-way line of Collegiate Street, a distance of 65.00 feet to the place of beginning, conlaining approximately 6,5 ]4.95 square feet. TRACT 5: LOT 10. BLOCK 8. SPRING LAKE ADDITION SITUATED within the corporate limits oflhe City of Paris, County of Lamar and State of Texas, a part of the Hiram Williams Survey Abstract No. 1003, and being Lot 10, Block 8, Spring]ake Addition, being a part of the property described in deed from Edith Dunn to the City of Paris, dated May ]2, ]987, recorded Septembef 9, 1998 in Volume 45, Page 46, Real Property Records, Lamar County, Texas, and being more particularly described as follows: BEGINNING at an iron rod (s) in the West right-of-way line of Collegiate Street, said iron rod also being the southeast corner of said Lot 10; THENCE S 890 49' 52" W, with the South line of said Lot 10, a distance of 100.00 feet to an iron rod (s) for corner; THENCE N 000 2' 04" W, with the West line of said Lot 10, a distance of 65.00 feet to an iron rod (s) for corner; THENCE N 890 49' 52" E wilh the North line of said Lot IDa distance of 100.15 feet to an iron rod (s) for corner; THENCE S 000 03' 56" E with the West right-of-way line of Collegiate Slreet, a distance of65.00 feello the place of beginning, containing approximately 6,504 87 square feet. TO HAVE AND TO HOLD the above described premises, together with all and singular, the rights and appurtenances thereto in anywise belonging unto the said Eric S. Clifford, his heirs and assigns forever; and it does hereby bind itself, its successors and assigns, to Warrant and Forever Defend all and singular the said premises unto the said Eric S. Clifford, his heirs and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof. But it is expressly agreed and slipulated that the Vendor's Lien is retained against the above described property, premises and improvements, until the above described note and all interest thereon are fully paid according to its face and tenor, effect and reading, when this deed shall become absolute. WITNESS its hand at Paris, Texas, this 19th day of August, A.D. 1999. CITY OF PARIS, PARIS, TEXAS By: Charles H. Neeley, Mayor STATE OF TEXAS } COUNTY OF LAMAR } BEFORE ME, the undersigned authority, on this day personally appeared Charles H. Neeley, Mayor of the City of Paris, known to me to be the persons whose names is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ day of August, 1999. Notary Public, State of Texas RETURN TO: Eric S. Clirford 2765 N.E. Loop 286 Paris, Tl.lxas 75460