1995-010-RES WHEREAS, CITYCOUNCIL DID IN RESOLUTION NO 584 DATED FEBRUARY 25, 1955
RESOLUTION NO. 95-010
WHEREAS, the City Council of the City of Paris did, in Resolution No. 584, dated
February 25, 1955, authorize the execution of a long term lease with the Texas Department of
Transportation, formerly known as Highway Department of the State of Texas, for a six acre
tract of land on North Main Street in the City of Paris; and,
WHEREAS, the Texas Department of Transportation desires to execute an easement and
right-of-way to TV Electric, attached hereto as Exhibit A, in order that TV Electric can
complete the work required to reroute the service to the Engineering Building and District
Headquarters of the Texas Department of Transportation, and has requested that the City of
Paris, as Lessor, approve the same; and,
WHEREAS, it is deemed to be in the best interest of the City of Paris that the easement
and right-of-way from the Texas Department of Transportation to TU Electric be approved; and,
WHEREAS, the City Manager, Michael E. Malone, should be authorized to sign the
Easement and Right-of-Way, attached hereto as Exhibit A, showing the approval of the City of
Paris as Lessor; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the
City Manager of the City of Paris, Michael E. Malone, be, and he is hereby, authorized and
directed to approve, on behalf of the City of Paris, the Easement and Right-of-Way from the
Texas Department of Transportation, Paris District, to TV Electric, in the form shown in Exhibit
A attached hereto.
PASSED AND ADOPTED this 9th day of January, 1995.
j}~~
Don Shelton, Mayor
-"
ATTEST:
Mattie Cunningham, City Clerk
Dtatriot: Parta
EASEIIEHT AND RIGHT Of WAY WA/Proj .: 4231/330B65
Map Ref.: 2591-735
Easement No.:
THE STATE OF TEXAS
COUNTY OF lAMAR
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KNOW ALL MEN BY THESE PRESENTS:
That the STATE OF TEXAS, hereinafter oalled 'Grantor,' whether one or more, for and in
oonsideration of Ten Dollars ($10.00) and other valuable oonsideration to Grantor in hand paid
by Texas Utilities Eleotrio Company, a Texas Corporation, 1601 Bryan St., Dallas, Texaa 75201,
hereinafter referred to 8S "Grantee", has granted, sold and conveyed and DY these presents does
grant, sell and convey unto said Grantee, its successors and assigns, an easement and right-ot-
way tor overhead and/or underground electric supply and communications I1nes, consisting of
a variable number of wires and cables J supporting structures, surface mounted equipment,
conduits and all necessary or desirable appurtenances over, under, across and upon Grantor's
land described 8S follows:
SEE ATTACHED EXHIBIT 'A'
Grantor reoognizes that the general oourse of said lines, or the metes and bounds aa
above desoribed r 18 based on preliminary surveys only, and Grantor hereby agreos that the
easement and right-of-way and its general dimensions hereby granted shall apply to the actual
location of said lines when constructed.
Together with the right of ingress and egress along and upon said easement and right-ot-
way and over and aoross Grantor's adjoining properties for the purpose of and with the right
to construct, maintain, operate, remove and reconstruct said lines; the right to relocate along
the same general direction of said lines; the right to relocate said lines in the same relative
poaition to any adjaoent road if and as suoh road is widened in the future; the right to lease
wire spaoe for the purpose of permitting others to string or lay wire or oable along said
lines; the right to prevent excavation within the easement area or for a distance of 5 feet
on eeoh side of the aotual oenter of said lines; the right to prevent oonstruotion of,-;NIthin
the easement area or for a distance of 5 feet on each side of the actual center of said lines,
any and all buildings, struotures or otlli>r obstruotions whioh, in the sole Judgment of Grantee,
may endanger or interfere with the efficiency, safety, and/or convenient operation of said
lines and their appurtenances and the right to trim or remove trees or shrubbery within, but
not limited to, sald~foot space, to the extent in the sole judgment of Grantee) as may be
neoessary to prevent possible interferenoe with the operation of said 11nes or to remove
possible hazard thereto. Grantor shall not make changes in grade, elevation or contour 01 the
land within the easement area as described above without prior written oonsent of Grantee.
Grantor reserves the right to use the land within the above described easement area for
purposes not inconsistent with Grantee's use of such property, provided such use shall not,
in the sole judgement of Grantee, interfere with the exercise by Grantee of the rights hereby
granted.
TO HAVE AND TO HOLD the above desoribed eesement and rights unto the said Grantee, its
. sucoessors and aaligns, until all of seid lines shall be abandoned and in that event said
easement and right-of-way shall oease and all rights herein granted shall terminate and revert
to Grantor or Grantor's heirs, successors or assigns., limited to Grantor's leasehold
interest.
And I do hereby bind myself, my heirs and legal representatives, to warrant and forever
defend all and singular the above desoribed easement and rights unto the said Grantee, its
9uooee90r9 and asaigns, against every per90n whomsoever laWfully olaiming or to olaim
the same or any part thereof., limited to Grantor's leasehold interest.
WITNESS
hand(s) this
day of
19_,
State of Texas
agreed to:
CIty of Paris by Mlchael E. Malone,
City Manager
EXHIBIT A
STATE OF TEXAS
COUNTY OF
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BEFORE ME, the undersigned authority, on this day personally appeared
, known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he executed the same
as the act and deed of , as the thereof, and for
the purposes and consideration therein expressed and in the capacity therein stated, and
that he was authorized to do so.
of
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
,A.D. 19_
day
Notary Public in and for the State of Texas
(Print Name of Notary Public Here)
My Commission Expires:
STATE OF TEXAS )
)
COUNTY OF LAMAR )
BEFORE HE, the undersigned authority, on this day personally
'appeared HICHAEL E. HALONE, City Nanager 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, and that he was authorized to do so.
GIVEN UNDER HY HAND AND SEAL OF OFFICE, this
January, 1995.
day of
Notary Public, State of Texas
EXHIBIT "A"
Page 1
STATE OF TEXAS
COUNlY OF LAMAR
BEING the centerline of a 10 foot width TU Electric Easement in the City of Paris, Lamar County,
Texas in the R. Russell Survey and being a part of a six acre tract of land described in an
Agreement demising, leasing, and letting said tract of land from the City of Paris, a Municipal
Corporation, to the State of Texas, and recorded in Volume 347, Page 46 of the Deed Records of
Lamar County, Texas and being more fully described as follows;
COMMENCING at the Southeast corner of said tract of land, same corner being a point in the West
Right-of-Way line of U.S. Highway 271, also called North Main Street;
THENCE North 01 deg. 14 min. 00 sec. East along the West Right-of-Way line of U.S. Highway 271
for a distance of 140.00 feet to the POlNT-OF-BEGINNING of the Centerline of the 10 foot width
TU Electric Easement;
THENCE North 88 deg. 46 min. 00 sec. West for a distance of 72.00 feet to a corner;
THENCE South 71 deg. 22 min. 41 sec. West for a distance of 38.25 feet to the Beginning of a TU
Electric Transfonner Easement described as follows;
THENCE South 01 deg. 14 min. 00 sec. West for a distance of 10.00 feet to a corner;
THENCE North 88 deg. 46 min. 00 sec. West for a distance of 20.00 feet to a corner;
THENCE North 01 deg. 14 min. 00 sec. East for a distance of 20.00 feet to a corner;
THENCE South 88 deg. 46 min. 00 sec. East for a distance of 20.00 feet to a corner;
THENCE South 01 deg. 14 min. 00 sec. West for a distance of 10.00 feet to the Beginnning of the
Transfonner Easement.
10.00 FT.
S O,'IY'OO"W
2.0.0Q FT.
S BBo 1./10' DD"f
EXHIBIT "A"
Page 2
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