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1995-070-RES WHEREAS, RICHARD B SWINT DID HERETOFORE PROPOSE TO TRADE PROPERTY ADJACENT TO THE NORTH BOUNDARY RESOLUTION NO. 95-070 WHEREAS, Richard B. Swint did heretofore propose to trade property adjacent to the North Boundary Line of Lake Crook property for property owned by the City of Paris adjacent to its closed landfill on Stillhouse Road; and, WHEREAS, it is deemed to be in the best interest of the citizens of the City of Paris to trade with Richard B. Swint upon the terms and conditions shown in Exhibit A, attached hereto; and, WHEREAS, the form of agreement for such trade, attached hereto as Exhibit A, 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 OF PARIS, that the form of the contract between the City of Paris and Richard B. Swint, attached hereto as Exhibit A, be, and the same is hereby. approved; and, BE IT liURTHER 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 agreement with Richard B. Swint in the form shown in Exhibit A, attached hereto. PASSED AND ADOPTED this 10th day of July, 199 ATTEST: ~~~, \.\.~~~~ Mattie Cunningham, City Clerk COUNTY OF LAMAR ) ) ) KNOW ALL MEN BY THESE PRESENTS: STATE O}' TEXAS THAT, the CITY OF PARIS, PARIS, TEXAS, a municipal corporation, by and through its Mayor, Eric S. Clifford, duly authorized, hereinafter called CITY, and RICHARD B. SWINT, hereinafter called SWINT, do hereby contract and agree as follows: 1. CONSIDERATION CITY agrees to convey to SWINT 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, more particularly described in the proposed deed attached hereto as Exhibit A, and SWINT agrees to convey to CITY 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 by deed from Wood H. Patrick and wife, Lorena Patrick, dated April 17, 1961, recorded in Volume 375, Page 464, Deed Records, Lamar County, Texas, more particularly described in the proposed deed attached hereto as Exhibit B. 2. ADDITIONAL CONSIDERATION SWINT agrees to make available additional consideration in the form of 80,000 cubic yards of soil to be gathered from the Stillhouse Creek bottom from SWINT's wetland project. CITY is given the right to take an additional 10,000 cubic yards of soil at a price of $.50 per cubic yard from the same wetland project area, and CITY is also given the right to take an EXHIBIT A Al!l"eement Between CITY and SWINT Page I additional 8,920 cubic yards from the pool excavation site or sites from SWINT's property located east of Stillhouse Road and north of CITY's closed landfill site. 3. PRIOR AGREEMENTS Upon the execution and delivery of the deeds attached hereto as Exhibits A and B, it is mutually agreed by and between CITY and SWINT that the lease between CITY and SWINT which was approved by Resolution No. 93-106, passed the 11th day of October, 1993, a copy of which lease is attached hereto as Exhibit C, will be canceled and will be of no further force and effect. 4. PRIOR AGREEMENT TO TERMS The terms of this agreement were agreed to, in principle, on the 3rd day of July, 1995, by T. K. Haynes, acting on behalf of the City of Paris, and Richard B. Swint. Executed this 6th day of July, 1995. CITY OF PARIS By: Eric S. Clifford, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney ALfJ'eement Between CITY and SWINT Page 2 RICHARD B. SWINT Richard B. Swint 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 the 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 July, 1995. 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 RICHARD B. SWINT, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the 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 Al!reement Between CITY and SWINT Page 3 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 L" .......4 ~n. l"_ _L L_ _ __:..... :... ..t...... 1:'....... n......l1nA."r" , ;np nf c:~iti 1l:i7 _7t1R 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 SITU A TED 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. 1. 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 11' West a distance of 371.5 feet to an iron pin (s) at a fence corner and Mn';n..;na ,v;th .,jti fp",,,,", follow,: South 1 0 37' West a distance of225.9 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, 111443, 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. SA VE AND EXCEPT THE FOLLOWING: SITU A TED about 5 miles North 250 East of the City of Paris, County of Lamar, State of Texas, a part of the John Wilson Survey 11981, 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 11.4 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 11' 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 000 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 .....:A DTf""U A nn n C\llTl\Yr hi", CII,.,.pccnrc ~nr1 ~C;:l;.:.i(Jn<::. ~p'~in.<:.t everv nerson 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 capacity therein stated. GIVEN UNDER MY HAND AND SEAL O:F OFFICE this _ day of July, 1995. Notary Public, State of Texas GENERAL WARRANTY DEED COUNTY OF LAMAR ) ) ) KNOW ALL MEN BY THESE PRESENTS: TIlE STATE OF TEXAS 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 TIlE 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 r_l1 ~ 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 OI? 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 _ day of July, 1995. ,. " " LEASE AGREEMENT STATE OF TEXAS ~ KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR ~ That the CITY OF PARIS, a municipal corporation, of the County of Lamar and State of Texas, hereinafter called CITY, for and in consideration of 8 ~ agreement to furnish fill dirt on property adjacent to the leased premises resulting from excavation performed by Richard B. Swint, hereinafter called SWINT, has bargained and sold, and does by these presents lease unto the said SWINT, approximately I ~9. 2.01 140.844 acres of land in the John Wilson Survey being the remainder of a tract of 157.768 acres purchased by CITY from Walter Rosson and wife, Patsy Bell Rosson conveyed to CITY by' deed dated December 28, 1989, recorded Volume 131, Page 273, Real Property Records, Lamar County, Texas, and approximately 8.357 acres of land out of the John Wilson Survey conveyed to the CITY by Richard B. Swint in deed dated May 17, 1993, recorded Volume 362, Page 180 Real Property Records, Lamar County, Texas, for a total of 149.201 acres, more particularly described on Exhibit A attached hereto, for a period of five (5) years beginning November 1, 1993, and ending on the 30th day of October, 1998, for a total consideration of 8,920.10 cubic yards of fill dirt, and in the event SWINT fails to produce all of the fill dirt herein traded to CITY, SWINT must pay to CITY fifty cents (50~) for each cubic yard traded to but not furnished to C1TY. Said CITY does own all fence now existing on said property, and all additional fence built upon said property becomes the property of the CITY. Maintenance of fences I, of, keep and maintain in full force and effect a policy or policies of insurance, providing at least $250,000.00 per person and $500,000.00 for any single occurrence for bodily injury or death and $100,000.00 for any single occurrence for injury to or destruction of property, indemnifying all persons for any and all damages, personal injuries or property damages sustained in or upon the premises of said leased property, or any part thereof, as the result of the negligence of SWINT, its members, invitees, agents, servants or employees, and shall pay all premiums due thereon when due. It is expressly provided that such insurance policy or policies shall and must be written and issued by a reputable insurance company or companies, with the CITY OF PARIS as as an additional insured, subject to approval by the City Attorney of the City of Paris, and SWINT or its insurance carrier or carriers shall deliver a copy of such policies to the City Clerk of the City of Paris, or furnish to said City Clerk a current letter or certificate from such company or companies, evidencing the fact that such insurance is in full force and effect at all times during this lease and any extension thereof, and specifically noting thereon that CITY is an additional insured. All such policies shall be written so that CITY will be notified of cancellation or of any restrictive amendment of the policies at least thirty (30) days prior to the effective date of such cancellation or amendment. Notice shall be by certified mail, return receipt requested, addressed to CITY at the following address: City Clerk, City of Paris, P. O. Box 9037, Paris, Texas 75lf61-9037. '. . SWINT agrees to pursue good land management practices with regard to the leased premises. In the event that SWINT shall keep each and every agreement contained herein and do and perform all the.obliga- tions required of SWINT hereunder during the term of this lease, an option is hereby given and granted to SWINT to renew and extend this lease for an additional period of five (5) years from and after the expiration of this agreement, for and in consideration of a sum set by CITY, payable in equal annual installments, the first of which will be due and payable on or before November 1, 1998, with a like payment being due and payable on or before the 1st day of November of each year thereafter during the term of said five year option period. Said option may be exercised by SWINT'S giving notice in writing of SWINT'S intention to renew said lease on I, or before the 1st day of January, 1998, followed by CITY setting the total lease price on or before the last day of Apr i1, 1998 and SWINT'S acceptance of the lease pr ice on or before the 31st day of May, 1998. Executed on the dates shown in acknowledgements below. CITY OF PARIS, LESSOR BY~~~ eorge Fisher, Mayor ATTEST: ~~,\~~~ Mattie Cunningham, City C erk APPROVED AS TO FORM: ./ STATE OF TEXAS ~ COUNTY OF LAMAR ~ BEFORE ME, the undersigned authority, on this day personally appeared GEORGE FISHER, Mayor of the City of Paris, known to me to be the person whose name is subscribed to the foregoing ins tr umen t, and acknowledged to me tha t 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 11th day of October, 1993. ///////////////////////// ~ ~;"'.." ALICE M. PINAL TO ~ ~ 'Q'*~.(~ NOlary Public ~ '" . . Slate 01 Texas '" ~ ."'" _ i' Commission Expires ~ '" ..?,!,' \-2!l.96 '" ST ife 6?" 11.1(A'~ I i I Y 11.1.1/ 0 COUNTY OF LAMAR ~ UYj ,~ 7!t _ i2'-d~ Notary Publ ic, 's ta te 0 exas BEFORE ME, the undersigned authority, on this day personally appeared Richard D. 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 October, 1993. &1.: ~;;2~ Notary Pub lC, State o. Texas