1999-038-SPECIAL WARRANTY DEED TO H-W COMMERCIAL WAREHOUSE, WE-PACK LOGISTICS, 13TH SOUTHWEST
RESOLUTION NO. 99-038
WHEREAS, the City Council of the City of Paris did heretofore, on the 12th day of
October, 1998, in Ordinance No. 98-057, close that portion of 13th Street S.W. that is located
within the Southwest Industrial Park and declare that the same is of no use as a street to the City
of Paris or to its citizens but is of use and necessary to the City of Paris and its citizens for
drainage and utility easement purposes; and,
WHEREAS, as a part of an Incentive Agreement with We-Pack Logistics, L.P., the City
of Paris has agreed to convey its interest in 13th Street S.W. to H-W Commercial Warehouse,
Inc., which is an affiliate of We-Pack Logistics, L.P.; and,
WHEREAS, in order to effect such agreement, it is deemed appropriate that the
Chairperson, Mary Ann Fisher, be authorized to execute a Special Warranty Deed to H-W
Commercial Warehouse, Inc. conveying said street; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the
Chairperson, Mary Ann Fisher, be, and he is hereby, authorized and directed to execute, on
behalf of the City of Paris, a Special Warranty Deed conveying to H-W Commercial Warehouse,
Inc. that portion of 13th Street S. W. that is located within the Southwest Industrial Park; and,
BE IT FURTHER RESOLVED, that the City of Paris retain drainage and utility
easements in the area to be described in the above-referenced Special Warranty Deed.
PASSED AND AOOPTED this 12th day of April, 1999.
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ATTEST:
APPROVED AS TO FORM:
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SPECIAL WARRANTY DEED
STATE OF TEXAS
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KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR
That the CITY OF PARIS, PARIS, TEXAS, a municipal corporation of the County of
Lamar, State of Texas, acting by and through its Chairperson, Mary Ann Fisher, duly authorized
by Resolution No. 99-_, for and in consideration of the sum of Ten and no/l00 Dollars
($10.00) cash and other good and valuable consideration to it in hand paid by H-W Commercial
Warehouse, Inc., the receipt and sufficiency of which is hereby acknowledged; has Granted,
Sold, and Conveyed, and by these presents does Grant, Sell and Convey unto the said H-W
Commercial Warehouse, Inc. of the County of Lamar, State of Texas, whose mailing address
is 2510 S. Church 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, Lamar County,
Texas, a part of the James Bourland Survey, Abstract 69, also being 13th Street S.W.
as shown by plat of Southwest Industrial Park No. I recorded in Envelope 286A of
the Lamar County Plat Records, and being further described as follows:
Beginning at a point for corner at the intersection of the East line of 13th
Street S.W. with North line of Loop Highway 286;
Thence North 72 Degrees, 03 Minutes, 42 Seconds West with said North line
a distance of 120.0 feet to a point for corner in the West line of 13th Street S.W. and
in a curve to the left having a radius of261.56 feet;
Thence Northerly with said West line and around. said curve to the left, long
chord bears North 9 Degrees, 03 Minutes, 30 Seconds East a distance of 82.30 feet,
an arc distance of 82.70 feet;
Thence North 0 Degrees, 10 Minutes, 42 Seconds West, continuing with said
West line, a distance of 1496.10 feet to the beginning of a curve to the right around
a cul-de-sac;
Thence around said curve to the right and cul-de-sac an arc distance of 628.40
feet to a point in the East line of 13th Street S.W.;
Thence South 0 Degrees, 10 Minutes, 42 Seconds East with said East line a
distance of 1496.10 feet to the beginning of a curve to the right having a radius of
381.56 feet;
Thence Southerly, continuing with said East line and around said curve to the
right, long chord bears South 9 Degrees, 03 Minutes, 30 Seconds West a distance of
120.10 feet, an arc distance of 120.60 feet to the place of beginning.
EXHIBIT A
SA VE AND EXCEPT, a drainage and utility easement is retained by
Grantor to the above-described property, which utility easement gives the right and
privilege to Grantor of placing utilities above, on, and over said easement and the
right to maintain any and all utilities placed therein.
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 H- W Commercial
Warehouse, Inc., 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 H-W
Commercial Warehouse, Inc., 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.
WITNESS its hand at Paris, Texas, this 12th day of April, 1999.
,
Mary Ann Fisher, Chairperson
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 Mary Ann Fisher, Chairperson 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 12th day of April, 1999.
Notary Public, State of Texas
RETURN TO: H-W Commercial Warehouse. Inc.
2510 S. Church Street
Paris, TX 75460