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1999-021-CORRECTED SPECIAL WARRANTY DEED, 3.53 ACRES TO PATT & SYDNEY SWAIM, RES 98-011 RESOLUTION NO. 99-021 WHEREAS, the City Council of the City of Paris did heretofore, on the 30th day of January 1998, in Resolution No. 98-011, authorize the conveyance of 3.53 acres, more or less, to Patt Swaim and wife, Sydney Swaim; and, WHEREAS, the deed conveying said property contained an incorrect metes and bounds description and should, therefore, be corrected by the Corrected Special Warranty Deed, the form of which is attached hereto as Exhibit A; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that form of the Corrected Special Warranty Deed to Patt Swaim and wife, Sydney Swaim, attached hereto as Exhibit A, be and the same is hereby, approved; 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, the Corrected Special Warranty Deed, under the terms and conditions and in the form shown in Exhibit A, attached hereto, PASSED AND ADOPfED "'. 8'" ,",y OfF~ 1999. /IJ'1.lL N Charles H. Neeley, Mayor !f~ ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: ") JJfJ / r;;~r< ~ -e ::> Scott P. Foster, City Attorney CORRECTION DEED COUNTY OF LAMAR } } } KNOW ALL MEN BY THESE PRESENTS: STATE OF TEXAS That, whereas, the CITY OF PARIS, PARIS, TEXAS, as grantor did, on or about the 30th day of January, 1998, execute and deliver to Patt Swaim and wife, Sidney Swaim, as grantees, for the consideration therein mentioned, a conveyance of the certain lands situated in Lamar County, Texas, and hereinafter more particularly described, which said conveyance is recorded in Volume 778, Page 69, Real Property Records, Lamar County, Texas; and, whereas, in said conveyance, by mistake, the metes and bounds description was incorrect; and, whereas, to prevent difficulties hereafter, it is expedient to correct said errors; Now, therefore, the said CITY OF PARIS, PARIS, TEXAS, a municipal corporation of the County of Lamar, State of Texas, acting by and through its Mayor, duly authorized, for and in consideration of the sum of one and no/IOO dollars ($1.00) paid to it in hand paid by Patt Swaim, and wife, Sydney Swaim, grantees, which is hereby acknowledged; hereby grants, sells, and conveys and confirms unto the said Patt Swaim, and wife, Sydney Swaim, grantees, their heirs and assigns, forever, whose mailing address is 305 North Main Street, Paris, Texas 75460, all that certain tract or parcel of land situated in Lamar County, Texas, and described as follows: SITUATED within the corporate limits of the City of Paris, County of Lamar, and State of Texas, a part of the Redding Russell Survey No. 786, being 3.48 acres of land, a part of Lot 2, City Block 322, also being a part of a called 26.463 acre tract of land described in deed from E. W. Lovell and wife, Anna Lovell, to the City of Paris, dated February 12, 1935, recorded in Volume 238, Page 621, Deed Records, Lamar County, Texas, and being more particularly described as follows: BEGINNING at a set iron rod at the Southwest corner of the said 3.48 acre tract of land, said corner also being the Southwest corner of the remaining City of Paris 7.85 acre tract of land, said corner also being in the North right-of-way line of Loop 286; t^Ht311 A THENCE N 76004'26" E with the West Boundary Line of the said 3.48 acre tract of land a distance of 436.05 feet to a set iron rod at an interior corner of the said 3.48 acre tract of land; THENCE N 46009'47" E a distance of 509.85 feet to a found thirty-two inch oak tree at the most northerly corner of the said 3.48 acre tract of land, said corner also being the most northerly corner of the said 7.85 acre tract of land; THENCE S 27"12'13" W with the East Boundary Line of the said 3.48 acre tract of land a distance of 837.96 feet to a set iron rod at the Southeast corner of the said 3.48 acre tract of land, said corner also being in the North right of way line of the said Loop 286; THENCE N 570 09' W with the North right-of-way line of the said Loop 286 a distance of 190.26 feet to a set iron rod; THENCE N 45005'11" W continuing with the North right-of-way line of the said Loop 286 a distance of 102.20 feet to a set iron rod; THENCE N 57009' W continuing with the North right-of-way line of the said Loop 286 a distance of 208,20 feet to the place of beginning, containing 3.48 acres of land. This conveyance is made subject to any and all easements that are of record and not of record in the Land Records of Lamar County, Texas, that are apparent, visible, and ascertainable by inspection of the ground, including any buried beneath the surface of the ground for servicing of utilities and like entities. 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 Patt Swaim and wife, Sidney Swaim, their 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 Patt Swaim and wife, Sidney Swaim, their heirs and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof, by, through or under it, but not otherwise. This is a correction deed, given and accepted as such in substitution for such earlier deed dated January 30, 1998, and it shall be effectual as of, and retroactive to, such date. However, except as herein corrected, such original deed shall remain in full force and effect. WITNESS its hand at Paris, Texas, this 8th day of February, 1999. Charles H. Neeley, Mayor ATTEST: Mattie Cunningham, City Clerk THE STATE OF TEXAS } COUNTY OF LAMAR } BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared Charles H. Neeley, Mayor of the City of Paris, Paris, Texas, 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 8th day of February, 1999. Notary Public, State of Texas