2004-204-RES APPROVAL OF PERMANENT UTILITY EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS ACROSS PORTIONS OF LOT 17, CITY BLOCK 311 FOR THE CONSTRUCTION OF A SEWER LINE AND WATER LINE FOR PSHIGODA SOUTH SUBDIVISION
RESOLUTION NO. 2004-204
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, AUTHORIZING THE APPROV ALAND ACCEPTANCE OF
PERMANENT UTILITY EASEMENTS AND TEMPORARY
CONSTRUCTION EASEMENTS ACROSS PORTIONS OF LOT 17, CITY
BLOCK 311, FOR THE CONSTRUCTION OF A SEWER LINE AND
WATER LINE FOR PSIDGODA SOUTH SUBDMSION; MAKING OTHER
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Engineer has advised the City council of the need for permanent utility
easements and temporary construction easements in order to construct a sewer line and water line
for Pshigoda South Subdivision; and,
WHEREAS, the form of the utility easements are shown on Exhibits A and B, attached
hereto; and,
WHEREAS, the City Council finds that the above-described utility easements are necessary
for the construction of a sewer line and water line for Pshigoda South Subdivision, and that the same
should be accepted; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS:
Section 1. That the findings set out in the preamble to this resolution are hereby in all things
approved.
Section 2. That the permanent utility easements and temporary construction easements
situated across portions of Lot 17, City Block 311, to be used for the construction of a sewer line and
water line for Pshigoda South Subdivision, such easements in the form attached hereto as Exhibits
A and B, be, and the same are hereby, approved and accepted.
Section 3. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this 13th day of December, 2004.
ATTEST:
0~~~
Sheri an Dixon, Assistant City Clerk
APPROVED AS TO FORM:
UTILITY EASEMENT
STATE OF TEXAS
COUNTY OF LAMAR
}
}
KNOW ALL MEN BY THESE PRESENTS:
That THE CRIST AND ELIZABETH PSHIGODA MEMORIAL FOUNDATION, A Texas
Non-Profit Corporation, and CURTIS DALE MABERRY and wife, LISA GAYE MABERRY
(hereinafterreferred to Grantors) for and in consideration of the sum ofTEN DOLLARS ($10.00) cash,
and other good and valuable consideration, to it and them in hand paid by the CITY OF PARIS, Paris,
Texas, the receipt and sufficiency of which is hereby acknowledged, do hereby sell, give and grant unto
the said CITY OF PARIS, a municipal corporation, of Lamar County, Texas, (hereinafter referred to
as Grantee) a perpetual utility easement described as follows:
All that certain tract or parcel of land situated within the corporate limits of the
City of Paris, County of Lamar and State of Texas, a part of the Joseph Leach Survey,
Abstract No. 524, said tract ofland containing 0.014 acre as more particularly described
on Exhibit "A" attached hereto and made a part hereof for all necessary purposes, being
a Plat and Field Notes prepared by R. Brandon Chaney, RPLS #4057, State of Texas, on
the 24th day of August, 2004.
TO HAVE AND TO HOLD the above property unto the CITY OF PARIS, its successors and
assigns forever, for the purposes aforesaid, with the right and privilege at any and all times to enter said
premises, or any part thereof, and construct, reconstruct, relocate, inspect, and maintain any and all
utility facilities placed or to be placed therein; provided that Grantee will, after doing any work in
connection with the construction, reconstruction, relocation, inspection, or maintenance of said utility
facilities, restore the surface to the condition in which said surface was found when such work was
undertaken, insofar as permitted under the plans, standards, and specifications approved for projects to
be located within the herein described easement, and that in the use of said rights and privileges herein
granted, the Grantee will not create a nuisance or do any act that will be detrimental to said premises;
and provided further, that the Grantors shall not erect or place any building, tree or other permanent
structure on the above-described perpetual easement and shall not otherwise use the above-described
premises hi a way that will interfere with the construction, maintenance, repair, inspection, or operation
of the utilities placed therein.
eXHIBIT A.
Grantors do hereby bind themselves and their successors, heirs, executors, and administrators,
to warrant and forever defend, all and singular, said premises unto the CITY OF PARIS, its successors
and assigns, against every person whomsoever lawfully claiming or to claim the same or any part
thereof.
WITNESS my hand this _ day of December, 2004.
The Crist & Elizabeth Pshigoda Memorial Foundation
Curtis Dale Maberry
Lisa Gaye Maberry
STATE OF TEXAS }
COUNTY OF LAMAR }
BEFORE ME, the undersigned authority, on this day personally appeared ,
of the Crist & Elizabeth Pshigoda memorial Foundation, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that [he/she] 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 December, 2004.
Notary Public, State of Texas
ST ATE OF TEXAS }
COUNTY OF LAMAR }
BEFORE ME, the undersigned authority, on this day personally appeared Curtis Dale Maberry
and Lisa Gaye Maberry, known to me to be the persons whose names are subscribed to the foregoing
instrument, and acknowledged to me that they executed the same for the purposes and consideration
therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ day of December, 2004.
Notary Public, State of Texas
RETURN TO: City Attorney
City of Paris
P. O. Box 9037
Paris, TX 75461-9037
.11I-"
Lot 2 :~.
51oc:k A,
The cmt and EllZ2beth r~~
MemoNl Founc:bbon
Vol. 14~7 Pg, 127
LC,O,P.~
P~5ewer '/'"
X/
//
/
Job Number: 119MAY04
:~.~'1'
Bk
00019~23 OR
...
.
: .
Vo1 P.
1:523. 292
'.
\..",--- b1~t, Sewer
\" . Curtl~ Dale Mabeny
lJ~ G3)'e Maberry
\ Vol.894 P'3.048
L.e.R.p.R.
\
~~
..~~
~~~"J
./ --- ~
~. ,\,,,.
. ~.~~
~~~,tP
fx1~bng
MH ~-...
'. '.,,~ ~ /:'..
~~y '. '. . ,
.1- <.. to. ,..\s I t.q~1-1.. ,
A .~~"t^tI "0... \
.. '" . It
;:. .............. .
~...\.....~" CHANEY t
I fl. n~~!~?~~.".."...l"
. "-:~~"ib 4051 ~1-:'~
'. . ~ESS\O..~O'
, ...... t~ -
S' ,,~
,.
~
~t
~~'fl~
~
~~t\~ .
Sc:a1c: t "=20'
LP.P. koo pin found
LP.s. hoa rUn let >>--...:1 B
c- .. .."t'.......... y:
P.O.B. point of'bcginnIns
. moQ~ted comer
o unmoaumcoted comer
CbsncY BDgin~ng. loe. ~
722 19th Street S.E. ~
Puis TX 7S4<<) , <Ii
Phooc:(903)78+6393 ~ 0
Pax: (903)783-9629 1-1
Date: August. 2004
EXHIBIT .A.
. .
4-.
. .
,
. ?f~
.
.
~
<< .", l-
. ....~- .~. ..
00019523 BaR
Easement
Vo1 P
1323. ,..2;3
,rOO .,\ :..........-;......
Situated within the corporate limits of the City of Pans, Lamar County, Texas. &'! ~:.~:~;i::,:'
part of the Joseph Leach Survey, Abstract #524, also a part ofa tract of land conveyed to . . :'.
Curtis pale Maberry and wife, Lisa Gaye Maberry by deed recorded in Volume 894, .... .
Page 48, ofthe.Lamar County Real Property Records and being further described as .... ":.':\~.
foUows:
Being North 11044' 07" West a distance of 19.03 feet from a post found for the
Southwest comer of said Maberry tract and the Southeast comer of a tract of land
conveyed to The Crist and Elizabeth Pshigoda Memorial Foundation by deed recorded in
. Volume 1487, Page 127, of the Official Public Records of Lamar County;
. Thence North 11044' OT' West a distance of 15.49 feet to a point forthe
Northwest comer of this easement;
. Thence North 630 52' 14" East a distance of39.95 feet to a point for the
Northeast comer of this easement;
Thence South 220 31' 03" East a distance of 15.03 feet to a point for,the
Southeast comer of this easement;
Thence South 630 52' 14" West a distance of 42.85 feet to a point for the
Southwest comer of this easement and containing 0.014 acre orland;
I, R.. Brandon Chaney, Registered Professional Lana .Surveyor No. 4057, State of
Texas, state that the above Plat and Field Notes depict and represent an ac\Ual Survey __ ~
~ade on the ground under my supervision and finished ~ u 1, 2.~ .r~i'c..:.t~...
. }~~..~~tti\Sltlii:..':'!'"
-J ~: ~ 40 (). \
~. ,~
......,. ...... .......... I...
RANDON CHANEY ;
.S. N .4GSl....... .......\../
~... 'Sb 4057 ......
~ ;:..~l:SS\O~~O~ (
."D .......~, ,
'. Su~'J; ,..
.."",
:. . ,0
C>
c'
...
UTILITY EASEMENT
STATE OF TEXAS
COUNTY OF LAMAR
}
}
KNOW ALL MEN BY THESE PRESENTS:
That THE CRIST AND ELIZABETH PSHIGODA MEMORIAL FOUNDATION, A Texas
Non-Profit Corporation, and CURTIS DALE MABERRY and wife, LISA GAYE MABERRY
(hereinafterreferred to Grantors), for and in consideration of the sum ofTEN DOLLARS ($10.00) cash,
and other good and valuable consideration, to it and them in hand paid by the CITY OF PARIS, Paris,
Texas, the receipt and sufficiency of which is hereby acknowledged, do hereby sell, give and grant unto
the said CITY OF PARIS, a municipal corporation, of Lamar County, Texas, (hereinafter referred to
as Grantee) a perpetual utility easement described as follows:
All that certain tract or parcel of land situated within the corporate limits of the
City of Paris, County of Lamar and State of Texas, a part of the Joseph Leach Survey,
Abstract No. 524, said tract ofland containing 0.116 acre as more particularly described
on Exhibit "A" attached hereto and made a part hereof for all necessary purposes, being
a Plat and Field Notes prepared by R. Brandon Chaney, RPLS #4057, State of Texas, on
the 24th day of August, 2004.
TO HAVE AND TO HOLD the above property unto the CITY OF PARIS, its successors and
assigns forever, for the purposes aforesaid, with the right and privilege at any and all times to enter said
premises, or any part thereof, and construct, reconstruct, relocate, inspect, and maintain any and all
utility facilities placed or to be placed therein; provided that Grantee will, after doing any work in
connection with the construction, reconstruction, relocation, inspection, or maintenance of said utility
facilities, restore the surface to the condition in which said surface was found when such work was
undertaken, insofar as permitted under the plans, standards, and specifications approved for projects to
be located within the herein described easement, and that in the use of said rights and privileges herein
granted, the Grantee will not create a nuisance or do any act that will be detrimental to said premises;
and provided further, that the Grantors shall not erect or place any building, tree or other permanent
structure on the above-described perpetual easement and shall not otherwise use the above-described
premises in a way that will interfere with the construction, maintenance, repair, inspection, or operation
of the utilities placed therein.
EXHfBfT iL
.<
Grantors do hereby bind themselves and their successors, executors, and administrators, to
warrant and forever defend, all and singular, said premises unto the CITY OF PARIS, its successors and
assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof.
WITNESS my hand this _ day of December, 2004.
The Crist & Elizabeth Pshigoda memorial Foundation
Curtis Dale Maberry
Lisa Gaye Maberry
STATE OF TEXAS }
COUNTY OF LAMAR }
BEFORE ME, the undersigned authority, on this day personally appeared ,
of the Crist & Elizabeth Pshigoda memorial Foundation, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that [he/she] 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 December, 2004.
Notary Public, State of Texas
STATE OF TEXAS }
COUNTY OF LAMAR }
BEFORE ME, the undersigned authority, on this day personally appeared Curtis Dale Maberry
and Lisa Gaye Maberry, known to me to be the persons whose names are subscribed to the foregoing
instrument, and acknowledged to me that they executed the same for the purposes and consideration
therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ day of December, 2004.
Notary Public, State of Texas
RETURN TO: City Attorney
City of Paris
P. O. Box 9037
Paris, TX 75461-9037
-._.'I'.~-
/
. . ~ ,-" --. -:' .. - .;
.,-._--. .---- -----._". __4_....
E X H I BIT
"A", Page 1 of- 2
\ .:
\---:;;;;; e
~7~o4G'44--
'1' \ 5.0\'
~c~
00:)
l......~~
. ....--
JOl 5 ~ .
-V tv (j\ )7
01. .
(O-\)c?c?
.("\. -:;:..,
f..>t ~,....
~33~
~~~
G'):)
-l 155022'4 '" E
143.27'
f t'o?t~e(T\e{\t
\ 5' \J \\'r;OJ
5plke NaIl
I Esmt.
-----
".
oust. a" Wate.r
- -
Curtis Dale Maberry
Lisa Gaye Maberry
Vol.894 Pcj.048
L.C.R.P.R.
. 5cale: I" = 50'
Chaney Eogin.eerlng, loco
72119th St. S.E. Paris, TX
Phone: 903-784-6393
Fa;t: 903-783-%29
Overhead Power Lines
-.-'-.-.
\ ........pomt
~ N 88052'23" W
/5.81'
\
EXHIBIT A-
'.
. j,..
,; ..,;, - c:- os..-
...:~€. (" . 'rE: ~;".
,.t "~.';'~~S I i...:;~t:...,
Cj ..,.!.:,;.... A, "'0' " \
. :. '('. ~~..... . , JiI
x: ..8.......:....
)-~..~..;~;.'...rv.1 CHANE1'{ Ii
.. I,. \JlinIC--~...........
?)......".,.. ~
.. ~r\';7 ..
...C'')i "VoJ 1'-.'
/ ... 0,('_ -S\O~"O~ .
'-'<: -. ::::>> ..
'I\I.~.....
'.cJ ~u ,....
...
., .
:-
:~. .
Bk
00020674 OR
E X H I BIT "A", Page 2 of 2
Easement
Ps
288
Vo1
1537
Situated within the corporate limits of the City of Paris, Lamar County, Texas, a
part of the Joseph Leach Survey, Abstract #524, also a part ofa tfact ofland conveyed to
Curtis Dale Maberry and wife, Lisa Gaye Maberry by deed recorded in Volume 894,
Page 48, of the Lamar County Real Property Records and being further described as
follows:
Beginning at a point North 11044' 07" West a distance of 467.69 feet and North
11030' 04" West a distance of 138.84 feet from a post at the Southwest corner of said
Maberry tract and the Southeast corner of a tract of land conveyed to The Crist and
Elizabeth Pshigoda Memorial Foundation by deed recorded in Volume 1487, Page 127,
of the Official Public Records of Lamar County;
Thence North 11047' 32" West a distance of331.93 feet to an iron pin found in
the East line of a tract of land conveyed to Ronald A. Billman and wife, Dottie S. Billman
by deed recorded in Volume 828, Page 296, of the Lamar County Real Property Records,
said pin being at the Northwest corner of Maberry tract;
Thence North 790 46' 44" East a distance of 15.01 feet to a point for the
Northeast corner of this easement; . . " ',', .... .
Thence South 110 51' 42" East a distance of33,~..o5 feet to a point for the
Southeastcornerofthiseasement;':,.. ..', :,....:...
Thence North 880 52' 23" West a distance orI5.81 feet to the place of beginning
and containing 5059.6263 sq. ft. or 0.116 acre ofland.
I, R. Brandon Chaney, Registered PrC?f~ssiona1.Land Surveyor No. 4057, State of
Texas, state that the above Plat and Field Notes depict and represent an actual Survey -1_ ""
made on the ground under my supervision and fjniSh~::I-- Z-f .f~~ ~~t!;~,
; c., ....:.:,.; .~~ "':'0 -.. ~
~ :- ,..... ~~;.. I ~ "'"
,. kl ..:~~..~.a.')-"'''.''~~
. ;":~:~~";i);21;'; ~":;~I::~~f.J
R.P.LlS. N~'.:H}?7 '.~.:.:',~~.:. _ ,.' I
~ #. "'~:'''''' .....v.. . _'t""-':."o}..__./
J' # ....,:..-....c.v. ,.......~ 1
./ .....1.",-" '=-='-':. .;~.""" >'
.- . "~S l;~.F.;) I~
'\