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1998-011-EXTEND MLK - 6th STREET NE TO N MAIN RESOLUTION NO. 98-011 WHEREAS, the City Council of the City of Paris did heretofore, on the 10th day of October, 1988, approve a construction project wherein Martin Luther King, Jr. Drive is to be extended from 6th Street N.E. west to North Main Street, the planned right-of-way of which will take in a portion of property formerly being railroad right-of-way which is currently owned by Patt Swaim; and, WHEREAS, the City Council of the City of Paris did heretofore, on the 4th day of June, 1992, authorize the City Attorney, T. K. Haynes. to condemn the property to be used for the Martin Luther King, Jr. Drive Extension Project; and, WHEREAS, the City Council of the City of Paris did heretofore, on the 24th day of September, 1990, in Resolution No. 90-083, declare as surplus City of Paris property, same being Lot 2, City Block 322, located on the north side of Loop 286 N.E. in the 1700 block, and containing 14.555 acres of land; and, WHEREAS, Mr. Swaim is agreeable to accepting approximately 3.53 acres of land out of said Lot 2 in exchange for approximately 7.066 acres of right-of-way to be used for the Martin Luther King, Jr. Drive Extension Project, which property also includes right-of-way which will provide for the extension of 3rd Street N.E. and a small part which may be used in connecting 1st Street N.W. to North Main Street; and, WHEREAS, the City Attorney, T. K. Haynes, has negotiated a trade for said right-of-way which would transfer approximately 3.53 acres out of said Lot 2, City Block 322, in exchange for approximately 7.066 acres of right-of-way, which trade is described in the Contract of Sale and Purchase, the form of which is attached hereto as Exhibit A, which should, in all things, be approved, and the Mayor, Eric S. Clifford, should be authorized to execute the same; and, WHEREAS, the form of a Special Warranty Deed from the City of Paris to Patt Swaim, attached hereto as Exhibit B, should, in all things, be approved, and the Mayor, Eric S. Clifford, should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 01<-' PARIS, that the 3.53 acre tract, being a part of Lot 2, City Block 322, located in the 1700 block of Loop 286 N.E., be conveyed to Patt Swaim in trade for the conveyance to the City of Paris by Patt Swaim of approximately 7.066 acres of right-of-way for the Martin Luther King, Jr. Drive Extension Project, which property also includes right-of-way which will provide for the extension of 3rd Street N.E. and a small part which may be used in connecting 1st Street N.W. to North Main Street; and, BE IT I<'URTHER RESOLVED, that the form of the Contract of Sale and Purchase providing for the trade of said 3.53 acre tract to Patt Swaim in consideration for .the conveyance to the City of Paris by Patt Swaim said 7.066 acres, attached hereto as Exhibit A, be, and the same is hereby, approved; and, BE IT FURTHER RESOLVED, that the form of the Special Warranty Deed from the City of Paris to Patt Swaim for said 3.53 acre tract, attached hereto as Exhibit B, be, and the same is hereby, approved; and, BE IT FURTHER RESOLVED, that the Mayor, Eric S. Clifford, be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, the Contract of Sale and Purchase between the City of Paris and Patt Swaim under the terms and conditions and in the form shown in Exhibit A, attached hereto, and the Special Warranty Deed to Patt Swaim under the terms and conditions and in the form shown in Exhibit B, attached hereto. PASSED AND ADOPfED this 30th day of January, 19 . ATTEST: \n~'<\.~ ~'""'~~ Mattie Cunningham, City Clerk CONTRACT OF SALE AND PURCHASE THE STATE OF TEXAS ~ ~ THE COUNTY OF LAMAR ~ For Ten ($10.00) Dollars cash, and the mutual benefits which will accrue to all parties hereto, P A TT SWAIM of Lamar County, Texas (herein called "Swaim"), the owner in his separate right and estate of the within described property, joined pro forma by his wife, Sydney Swaim, and THE CITY OF PARIS (herein called "City"), by and through its duly authorized Mayor, Eric S. Clifford., enter into the following agreement: 1. The City agrees to transfer, assign and convey to Swaim, by Special Warranty Deed, a tract of approximately 3.53 acres ofland in the Reddin Russell Survey #786, Lamar County, Texas, located on Loop 286 N.E., more particularly described in Exhibit "A" attached hereto and made a part hereof for all necessary purposes. A new survey of this property will be obtained by the City, at its cost and expense. 2. Swaim agrees to transfer, assign and convey to the City, by Special Warranty Deed, six (6) tracts of land containing approximately 7.066 acres of land, consisting of a 60-foot right-of-way being approximately 1.714 acres, formerly used by the Atchison, Topeka & Santa Fe Railroad, beginning at North Main Street running in a easterly direction to the east boundary line of the railroad property, being part of an 11.706 acre tract of land conveyed to Swaim by deed of record in Book 704, Page 243, Lamar County Real Property Records, and highlighted in yellow in Exhibit "B" attached hereto and made a part hereof for all necessary purposes. 3. Further, Swaim agrees to transfer, assign and convey to the City, by Special Warranty Deed, a 60-foot strip, being approximately .482 acres, constituting land which will provide for the EXHIBIT A extension of 3rd Street N.E., and two tracts of land containing 0.485 acre and 0.458 acre of land, all highlighted in Exhibit "B: attached hereto; a .90 acre tract along the south boundary line of said 11.706 acre tract of land from the east boundary line of North Main Street, northeasterly to 3rd S1. N.E.; as well as approximately three (3) acres off the east end of the above mentioned 11.706 acre tract ofland, same lying between the 60-foot strip constituting an extension to 3rd Street N.E. to Swaim's east boundary line, and also being highlighted in Exhibit "B" attached. 4. The City will survey all of Swaim's and the City's properties, and these legal descriptions will be used in the deeds of conveyance provided for herein. 5. Each party may acquire title insurance at their own cost and expense. The taxes on Swaim's property will be prorated to date of Closing, and the Closing will be no later than ten (10) days after receipt of the surveys herein called for. Each of the properties will be taken in an "AS IS" condition. 6. This contract is also CONTINGENT upon Swaim obtaining commercial zoning for this property prior to closing, and access to Loop 286 from the State of Texas. THIS AGREEMENT constitutes the full understanding of the parties hereto; may not be modified except in writing; shall be binding upon the heirs, executors, administrators, personal representatives, successors and assigns of the parties hereto; and is executed in multiple counterparts this 30th day of January, 1998. THE CITY OF PARIS Eric S. Clifford, Mayor ATTEST: Mattie Cunningham, City Clerk Patt Swaim Sydney Swaim STATE OF TEXAS } COUNTY OF LAMAR } BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared Eric S. Clifford, 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 January, A.D. 1998. Notary Public, State of Texas STATE OF TEXAS } COUNTY OF LAMAR } BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared Patt Swaim and wife, Sydney Swaim, 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. 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( . : . . ~ ~!_-_.!:-_--_.,---_.-. . ~..- ....." o ~,... .'~ i' .... ,....-- SPECIAL WARRANTY DEED STATE OF TEXAS } } } 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 Mayor, duly authorized, for and in consideration of the sum ofTen and no/lOO Dollars ($10.00) cash and other good and valuable consideration, to it in hand paid by PATI SWAIM and wife, SYDNEY SWAIM 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 PA11 SWAIM and wife, SYDNEY SWAIM of the County of Lamar, State of Texas, whose mailing address is 305 North Main, 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, and being part of Lot 2, City Block 322, 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 point in the north boundary line of Loop 286 N.E., and being the Southwest corner of Lot 2, City Block 322; THENCE N 20016'28" E a distance of 116.820 feet to a point for corner; THENCE N 71000'32" E a distance of 637.110 feet to a point for corner in the north boundary line of said Lot 2; THENCE S 27047'12" W a distance of 597.290 feet to a point for corner in the north boundary line of Loop 286 N.E.; THENCE with the south boundary line of said Lot 2, N 57009'00" W a distance of 186.703 feet to a point; THENCE N 68026'00" W a distance of 102.00 feet to a point; THENCE N 57009'00" W a distance of 138.280 feet to the place of beginning, containing approximately 3.53 acres more or less. 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 P A 11 SWAIM and wife, SYDNEY 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, SYDNEY 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. WITNESS its hand at Paris, Texas, this 30th day of January, A.D. 1998. Eric S. Clifford, Mayor EXHIBIT B A TrEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney THE STATE O}~ TEXAS COUNTY OF LAMAR } } BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared Eric S. Clifford, 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 _ day of January, 1998. Notary Public, State of Texas