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1995-071-RES WHEREAS, IN ORDER TO EFFECT THE TRADE WITH RICHARD B SWINT AUTHORIZED IN RESOLUTION NO 95-070 RESOLUTION NO. 95-071 WHEREAS, in order to effect the trade with Richard B. Swint authorized in Resolution No. 95-070, it is necessary that the General Warranty Deed from the City of Paris be executed and delivered to Richard B. Swint and that the General Warranty Deed from Richard B. Swint and Susan Swint be accepted; and, WHEREAS, the form of the General Warranty Deed from the City of Paris to Richard B. Swint, attached hereto as Exhibit A, should, in all things, be approved, and the Mayor, Eric S. Clifford, should be authorized to execute the same; and, WHEREAS, the form of the General Warranty Deed from Richard B. Swint and Susan Swint to the City of Paris, attached hereto as Exhibit B, should, in all things, be approved and accepted by the City of Paris; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the form of the General Warranty Deed to Richard B. Swint, attached hereto as Exhibit A, 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 execute, on behalf of the City of Paris, the General Warranty Deed in the form shown in Exhibit A, attached hereto; and, BE IT FURTHER RESOLVED, that the General Warranty Deed from Richard B. Swint and Susan Swint, attached hereto as Exhibit B, be, and the same is hereby, accepted. PASSED AND ADOPrED ";, 10th d" Of~ Enc S r , Mayor ATTEST: Mattie Cunningham, City Clerk GENERAL WARRANTY DEED THE STATE OF TEXAS ) ) COUNTY OF LAMAR ) KNOW ALL MEN BY THESE PRESENTS: That the CITY OF PARIS, PARIS, TEXAS, a municipal corporation of the County of Lamar, State of Texas, by and through its Mayor, Eric S. Clifford, for and in consideration of RICHARD B. SWINT conveying 78.09 acres in the James Dalton Survey #249, being a part of a 90.59 acre tract of land conveyed to Richard B. Swint from Wood H. Patrick and wife, Lorena Patrick, dated April 17, 1961, recorded in Volume 375, Page 464, Deed Records, Lamar County, Texas, and additional consideration in the form of 80,000 cubic yards of soil to be gathered from the Stillhouse Creek bottom from RICHARD B. SWINT's wetland project, the right to take an additional 10,000 cubic yards of soil at the price of $.50 per cubic yard from the same wetland project area, and the right to take an additional 8,920 cubic yards from the pool excavation site or sites from RICHARD B. SWINT's property located east of Stillhouse Road and north of the CITY OF PARIS' closed landfill site, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged; have Granted, Sold and Conveyed, any by these presents do Grant, Sell and Convey unto the said RICHARD B. " SWINT, of the County of Lamar, State of Texas, whose mailing address is 2510 Stillhouse Road, Paris, Texas 75460, all that certain tract or parcel of land situated in Lamar County, Texas, and described as follows: TRACT NO. 1 SITUATED about 5 miles North 250 East of the City of Paris, County of Lamar, State of Texas, a part of the John Wilson Survey #981, being the same tract of land described in deed from Richard B. Swint to the City of Paris, dated May 17, 1993, recorded in Volume 362, Page 180, Real Property Records, Lamar County, Texas, and being more particularly described as follows: BEGINNING at the most northerly northwest corner of a 157.768 acre tract of land conveyed to the City of Paris by deed recorded in Volume 131, Page 276, Real Property Records, Lamar County, Texas; THENCE North 890 28' 00' East a distance of 1693.20 feet to a point; THENCE North 890 41' 00" East a distance of 787.60 feet to a point, same point being the most northerly northeast corner of said 157.768 acre tract; THENCE South 020 11' 00" West a distance _ _'_. ,_ .1,~ "'00' nnn"rlorv Line of said 157.768 acre tract; THENCE North 840 51' 00" West a distance of 392.40 feet to a point; THENCE North 060 04' 00" West a distance of 394.80 feet to a point; THENCE South 880 29' 00" West a distance of 292.10 feet to a point; THENCE North 000 25' 00" West a distance of 240.61 feet to the PRINCIPAL POINT OF BEGINNING, containing 8.357 acres of land, more or less. TRACT NO. 2 SITUATED about 5 miles North 250 East of the City of Paris, County of Lamar, and State of Texas, a part of the John Wilson Survey #981, being a 62 acre tract, a 25 acre tract, a 22.09 acre tract, and an 11.25 acre tract of land conveyed to A. J. Rosson by deed recorded in Volume 337, Page 7, a 9 acre tract and a 12 acre tract of land conveyed Dorothy Rosson Baker, et al by deed recorded in Volume 692, Page 467, Deed Records, Lamar County, Texas, and also a 20.66 acre tract of land owned by Hester and sold to A. J. Rosson, and being more particularly described as follows: BEGINNING at an iron pin (s) for corner at the present southwest corner of said 62 acre tract, said point being the present northwest corner of a 20 acre tract of land conveyed the City of Paris by deed recorded in Volume 363, Page 588, of said Deed Records; THENCE along the East Boundary Line of a county road as follows: North 00 06' East a distance of 1663.3 feet to an iron pin (s); North 00 52' East a distance of 545.3 feet to an iron pin (s) for corner at the southwest corner of a 1 acre tract of land conveyed to Mt. Carmel Baptist Church by deed recorded in Volume 408, Page 191, of said Deed Records, said 1 acre tract being conveyed out of said 25 acre tract; THENCE North 880 09' East along a fence a distance of 185.8 feet to an iron pin (s) for corner at the southeast corner of said 1 acre tract; THENCE North 00 16' East along a fence a distance of 211. 3 feet to an iron pin (s) for corner at the northeast corner of said 1 acre tract; THENCE South 850 52' West along a fence along the North Boundary Line of said 1 acre tract a distance of 38.4 feet to an iron pin (s) for corner at the southeast corner of a 0.25 acre Church tract as conveyed by deed recorded in Volume 127, Page 165, of said Deed Records; THENCE North 10 54' West along a fence a distance of 55.1 feet to an iron pin (s) for corner at the northeast corner of said 0.25 acre tract, said point being the southeast corner of another Church tract, said point being the most southerly southwest corner of a 79 acre tract of land conveyed Mrs. Lucy Rosson by deed recorded in Volume 227, Page 410, of said Deed Records; THENCE along an old post line along the North Boundary Line of said 25 acre tract and said 22.09 acre tract as follows: North 890 28' East a distance of 1693.2 feet to an iron pin (s); North 890 41' East a distance of 787.6 feet to an iron pin (s) for corner in the South Boundary Line of an 87 acre tract conveyed to A. J. Rosson by deed recorded in Volume 285, Page 83, of said Deed Records, at the northeast corner of a 96.38 acre tract of land conveyed to Mrs. Lucy Rosson by deed recorded in Volume 290, Page 38, of said Deed Records; THENCE along the East Boundary line of said 22.09, 20.66, 12, 11.25 and 9 acre tracts and the West Boundary Line of said 96.38 acre tract as follows: South 20 II' West a distance of 371.5 feet to an iron pin (s) at a fence corner and continuing with said fence as follows: South 1037' West a distance of 225.9 feet THENCE South 60 04' East a distance of 394.8 feet to an iron pin (s) for corner at the most southerly southwest corner of said 96.38 acre tract and an el corner of said 62 acre tract; THENCE South 840 51' East a distance of 392.4 feet to an iron pin (s) for corner at the most easterly northeast corner of said 62 acre tract and the most southerly southeast corner of said 96.38 acre tract, said point being in the West Boundary Line of a 13.5 acre tract of land conveyed the City of Paris by deed recorded in Volume 363, Page 588, of said Deed Records; THENCE South 00 58' West a distance of 413.1 feet to a post (t) for corner (said post being set according to a survey made by W. R. Abbott, R.P.S. of Texas, 1/1443, on the 14th day of February, 1974) at the southeast corner of said 62 acre tract and the southwest corner of said 13.5 acre tract; THENCE South 890 37' West along a fence along the North Boundary Line of tracts conveyed to the City of Paris by deed recorded in Volume 363, Page 588, and the South Boundary Line of said 62 acre tract a distance of 3330.8 feet to the place of beginning, containing 157.768 acres of land. SAVE AND EXCEPT THE FOLLOWING: SITUATED about 5 miles North 250 East of the City of Paris, County of Lamar, State of Texas, a part of the John Wilson Survey 1/981, and being part of a 157.768 acre tract of land described in deed from Walter Rosson and wife, Patsy Bell Rosson, to the City of Paris, recorded in Volume 131, Page 273, Real Property Records, Lamar County, Texas, and being more particularly described as follows: BEGINNING at the most northerly northwest corner of said 157.768 acre tract; THENCE North 890 28' 00" East along the North Boundary Line of said tract a distance of 1671.79 feet to the PRINCIPAL POINT OF BEGINNING; THENCE continuing along the North Boundary Line of said tract North 890 28' 00" East a distance of 1 1.4 feet to a point; THENCE North 890 41' 00" East a distance of 787.60 feet to a corner, same corner being the most northerly northeast corner of said 157.768 acre tract; THENCE South 020 II' 00" West a distance of 371.50 feet to a point; THENCE South 010 37' 00" West a distance of 225.90 feet to a point; THENCE South 000 46' 00" West a distance of 606.30 feet to a point; THENCE South 00. 25' 00" East a distance of 199.39 feet to a point; THENCE North 870 51' 00" West a distance of 189.44 feet to a point; THENCE North 260 22' 50" West a distance of 1136.80 feet to a point; THENCE North 110 43' 40" West a distance of 380.64 feet to the PRINCIPAL POINT OF BEGINNING, containing 16.924 acres of land, more or less, and being that same tract of land conveyed to Richard B. Swint from the City of Paris by deed dated May 17, 1993, recorded in Volume 363, Page 59, Deed Records, Lamar County, Texas. 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 RICHARD B. SWINT, his successors and assigns forever; and it does hereby bind itself, its heirs, executors and administrators to Warrant and Forever Defend all and singular the said premises unto the said RICHARD B. SWINT. his successors and assigns, against every person whomsoever THE 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, 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 capaci ty therei n stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ day of July, 1995. Notary Public, State of Texas " GENERAL WARRANTY DEED THE STATE OF TEXAS COUNTY OF LAMAR ) ) ) KNOW ALL MEN BY THESE PRESENTS: That I, RICHARD B. SWINT, of the County of Lamar, State of Texas, for and in consideration of the CITY OF PARIS conveying 149.201 acres in the John Wilson Survey #981, being a part of the 157.768 acre tract of land conveyed to the City of Paris by deed from Walter Rosson and wife, Patsy Bell Rosson, dated December 28, 1989, recorded in Volume 131, Page 273, Real Property Records, Lamar County, Texas, and an 8.357 acre tract of land conveyed to the City of Paris by deed from Richard B. Swint, dated May 17, 1993, recorded in Volume 362, Page 180, Real Property Records, Lamar County, Texas, the receipt and sufficiency of which is hereby acknowledged; have Granted, Sold and Conveyed unto the said CITY OF PARIS, a municipal Corporation, of the County of Lamar, State of Texas, whose mailing address is P. O. Box 9037, Paris, Texas 78461-9037, all that certain tract or parcel of land situated in Lamar County, Texas, and described as follows: SITUATED about 5 miles North 220 West of the City of Paris, County of Lamar, and State of Texas, a part of the James Dalton Survey #249, and being the same tract of land conveyed Richard B. Swint by deed recorded in Volume 375, Page 464, Deed Records, Lamar County, Texas, and being more particularly described as follows: BEGINNING at a stake for corner at the most southerly southeast corner of said Dalton Survey, said point being the southeast corner of said Swint tract of land; THENCE North a distance of 2445 feet to a stake for corner at the northeast corner of said tract of land; THENCE West a distance of 1614 feet to a stake for corner at the present northwest corner of said Swint tract of land; THENCE South along the center of an old road a distance of 2445 feet to a stake for corner at the present southwest corner of said tract of land; THENCE East a distance of 1614 feet to the place of beginning, containing 90.59 acres of land. SAVE AND EXCEPT THE FOLLOWING: SITUATED about 5 miles North 220 West of the City of Paris, County of Lamar, and State of Texas, a part of the James Dalton Survey #249, and being a part of a tract of land conveyed Richard B. Swint by deed recorded in Volume 375, Page 464, Deed Records, Lamar County, Texas, and being more particularly A.............:1..."",1 ..... .fnll"'I1C'. THENCE East a distance of 683 feet to a stake for corner in the East Boundary Line of said Swint tract of land; THENCE South a distance of 741 feet to the place of beginning, containing 12.51 acres of land. 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 CITY OF PARIS, its successors and assigns forever; and I do hereby bind myself, my heirs, executors and administrators to Warrant and Forever Defend all and singular the said premises unto the said 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 at Paris, Texas, this 6th day of July, 1995. Richard B. Swint Susan Swint THE STATE OF TEXAS ) ) COUNTY OF LAMAR ) BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared RICHARD B. SWINT, 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ day of July, 1995. Notary Public, State of Texas THE STATE OF TEXAS ) ) COUNTY OF LAMAR ) BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared SUSAN SWINT, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this dav of Julv, 1995.