1997-023-RES WHEREAS, ON APRIL 6, 1988, ROBERT H MCDOUGAL AND WIFE, BILLIE R MCDOUGAL, CONVEYED A SEWER
RESOLUTION NO. 97-023
WHEREAS, on April 6, 1988, Robert H. McDougal and wife, Billie R. McDougal,
conveyed a Sewer Easement to PARIS ELKS LODGE #2433, an unincorporated association
of the City of Paris, Lamar County, Texas; and,
WHEREAS, PARIS ELKS LODGE is no longer desirous of maintaining said sewer
easement and has requested the City Council of the City of Paris to approve the execution
of an assignment of the Sewer Easement to the City of Paris; and,
WHEREAS, it is deemed to be in the best interests of the citizens of the City of
Paris that the Sewer Easement be assigned to the City of Paris, and the same should be
approved; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that
the assignment of the Sewer Easement from PARIS ELKS LODGE #2433 be, and the same
is hereby, approved; and,
BE IT FURTHER RESOLVED, that the Mayor of the City of Paris, Eric S.
Clifford, be, and he is hereby, authorized and directed to accept, on behalf of the City of
Paris, the Assignment of Sewer Easement under the terms and conditions and in the form
shown in Exhibit A, attached hereto.
PASSED AND ADOPTED this 10th day of March, 1997.
ATTEST:
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Mattie Cunningham, City lerk
APPROVED AS TO FORM:
ASSIGNMENT OF SEWER EASEMENT
From McDougal toParjs Elks Lodge #2433
Dated April 6. 1988
STATE OF TEXAS
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KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR ~
THAT the PARIS ELKS LODGE #2433, an unincorporated association, by and
through its President Larry Me]vin, hereinafter called ASSIGNOR, for consideration of the
assumption ofthe ASSIGNOR'S obligations under the assumed Sewer Easement does hereby
bargain, sell and assign to the CITY OF PARIS, PARIS, TEXAS, a municipal corporation,
by and through its Mayor, Eric S. Clifford, hereinafter called ASS]GNEE, all its right, deed
and interest in and to that certain Sewer Easement from Robeli H. McDougal and wife, Billie
R. McDouga] to PARIS ELKS LODGE #2433, dated April 6, ]988. ASSIGNEE will be
responsible for all terms and conditions stated in said assumed Sewer Easement attached
hereto as Exhibit A.
IN WITNESS WHEREOF this assignment is executed on the 10th day of March,
1997.
PARIS ELKS LODGE #2433
Lany Melvin, President
ASS]GNOR
ATTEST:
Leo Po10wy, Secretary
CITY OF PARIS, PARIS, TEXAS
Eric S. Clifford, Mayor
ASSIGNEE
ATTEST:
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SEWER EASEMENT
STATE OP TEXAS S
S
COUNTY OF' LAMAR S
We, ROBERT H. McDOUGAL and wife, BILLIE R. McDOUGAL of
Paris, Lamar County, .Texas, as Grantors, in consideration of the
sum of TEN DOLLARS (SlO.OOl and other good and valuable
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consideration the receipt of which is hereby acknowledged have
granted, bargained, sold, and conveyed, and by these presents do
grant, bargain, sell, and convey, ,to PARIS ELXS LODGE 12433,
an unincorporated association, of the City of Paris, Lamar:County,
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Texas, as Grantee, the right to construct, alter and maintain a
sewer line across a portion of that property owned by the ~rantors
consisting of 21.26 acre tract of land in the Joseph Leach Survey
1524 on said course of the easement as more particularly'~escribed
in Exhibit "A" attached hereto and incorporated herewit~ for all
purposes,' together with the free right to enter and depart OVer
and across such property, in so far as such right to enter and
depart is necessary to the proper use of the right granted herein.
The easement, right, priviledges herein granted shall be
perpetual. Grantors hereby bind themselves, their heirs and legal
representatives to warrant and forever defend the above described
eaaement and rights unto Grantee, its successors, and auigns,
aqainst every person, whomsoever lawfully claiminq, or to claim
the lAme or any part' thereof"
The riqhts granted herein are conditioned upon the
reasonable 'exercise thereof for the benefit 'of the dominant
t.nement and in the event of excessive use, or .us. for nondominant
purposes, or use by mean. otherwise injurioul to the serviant
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tenement, Grantor shall have the 'riqht to extinquilh this
.a..ment,
Grantors allo retain, reserve, and..hall continue t:o enjoy
the use of the lurface of luch property of their property for any
and all purpoles which do not interfere w!t:h and prevent: the u..
by qrantee of the ,ealement qranted her.in.
EXECUTED this ~ day of April, 1988.
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FIELD :-tOTES EAS01EKT
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Situated within the Corporate limlt~ of the City of Paris,
County of Lamar. and State of Texas, a part of the Joseph leach
Survey 1524. and beinl) a p~rt of a 21.2& acre tract of land con-. '.
veyed Robert H, IIcDougal by deed recorded in Vol. . Page
. of the De~d Records of said County and State.
. Beginning at the Southwest corner bf said 21.26 acro tract,
sa id point bein!1 in the llorth Bound<lry Line of E. Oa~ St.
Thence 1I0rth 1 Deg,' OJ Illn. ~I~st a long a fence a distance
of 3a7 ft. to an Iron pin at the most P.esterly 1I0rthwest corner
of said 21.26 acre tract:
Thence South 3:J Deg. 34 llin, E<lst along a fence a dist,lnce
of 120 ft. to an Iron pin at <In el comer of said 21.26 acre
tract: .
Thence lIorth 0 De!!. 30 Hln, \:est alon!, a fence a distance
of 726 ft. to an i r.cn p In at the most :lortherly Northwest cor-
ner of said 21.26 acre tract; ,
. Thence East alonq the South Boundary Line of Clement Road'
a distance of 10 ft, to a sta~e for corner; ,
Thence South 0 Deg. 30 Min. East a distance of 736.2 ft.'
to a stake for comer;
Thence Horth C:l De!). 34 lltn. a d I s t<lnc~ of 119.9 ft. to a
stake for corner: .
Thence South 1 De<1. 0:1 llin. East a distance of 37G.7 ft.
to a stake for comer:' .
Thence West along the North Boundary line of said'E, Oak
; St. a distance of 10 ft. to the place of beginnln~ and contain-
ing 0.2!lJ a,cres of land. '
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EXHIBIT "A"
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