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1993-014-RES WHEREAS, the City Council of the City of Paris is in receipt of a utility and drainage easement from Phillip RESOLUTION NO, 93-014 WHEREAS, the City Council of the City of Paris is in receipt of a utility and drainage easement from Phillip A. McKinney, conveying a 0.249 acre easement in the Enoch Crow survey, No, 208, and the D, Welch Survey, No. 1013, to the City of Paris, Paris, Texas; and, WHEREAS, such utility and drainage easement will be used in the near term to accommodate a secondary sewer force main to be constructed by the developer of the adjacent property at no cost to the City of Paris; and, WHEREAS, such force main will be constructed in accordance with the City of Paris standards and upon completion will be dedicated to the public use and maintained by the City of Paris; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the Utility and Drainage Easement granted by Phillip A, McKinney to the City of Paris described in such easement attached hereto as Exhibit A is in all things accepted. Passed and adopted the 4th day of February, 1993. ~it:~r ATTEST: Mattie Cunningham, FORM: UTILITY AND DRAINAGE EASEMENT STATE OF TEXAS ~ KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR ~ That I, PHILLIP A, McKINNEY, of Lamar County, Texas, for and in consideration of the sum of ONE DOLLAR ($1.00) cash, and other good and valuable consideration, to me in hand paid by the CITY OF PARIS, Paris, Texas, the receipt and sufficiency of which is hereby acknowledged, do hereby sell, give and grant unto the said CITY OF PARIS, a municipal corporation, of Lamar County, Texas, a UTILITY AND DRAINAGE EASEMENT described as follows: SITUATED about 3 miles North i50 East of the City of Paris, County of Lamar and State of Texas, a part of t he Enoch Crow survey No. 208 and the D, We lch Survey No. 1013, and being a part of a 71,195 acre Tract A, described in deed to Phillip A, McKinney, recorded in Volume 71L, Page 41, Deed Records, Lamar County, Texas, and being OIDre particularly described as follows: BEGINNING at a fence post for corner, in the South Boundary Line of the W, Askins Survey No.7, the Northwest corner of said D, Welch Survey and the most Westerly Northwest corner of said 71.195 acre tract; THENCE South 880 45' East with the South Boundary Line of said Askins Survey and North Boundary Line of said Welch survey a distance of 10,0 feet to a point for corner; THENCE South LO 08' East a distance of 403,11 feet to a point for corner; THENCE South 10 35' East a distance of 679,84 feet to a point for corner in the North Boundary Line of Oak Street; THENCE South 890 49' West with said North Boundary Line a distance of 10.0 feet to an iron pin for corner, the Southwest corner of said 71,195 acres; THENCE Nor th 10 35' Eas t with the Eas t Boundary Lille of said 71.195 acres a distance of 68U. 'l. feet to all iron pill for corner; THENCE North 20 08' East a distance of 403.0 feet to the place of beginning and containing 0,249 acres of land. Bnd further give and grant a TEMPORARY CONSTRUCTION EASEMENT as dEscribed follows: SITUATED about 3 miles North 750 East of the City of Paris, County of Lamar and State of Texas, a part of the Enoch Crow survey No, 203 and the D. \~elch Survey No. 1013, and being a part of a 71,195 acre Tract A, described in deed to Phillip A. McKinney, recorded in Volume 71L, Page 41, Deed Records, Lamar County, Texas, and being more particularly described as follows: BEGINNING at a fence post for corner, in the South Boundary Line of the W. Askins Survey No.7, the NOLthwest corner oi said D. Welch Survey and the most __ ______ ~~ ..1~ 711q~ Rcre tract; THENCE Nor th 10 35 'Eas t wi th the Eas t Boundary Line of said 71,195 acres a distance of 680,2 feet to an iron pin for corner; THENCE North 20 08' East a distance of 403.0 feet to the place of beginning and containing 0,621 acres of land, TO HAVE AND TO HOLD the above property unto the CITY OF PARIS for the purposes aforesaid, with the right and privilege at any and all times to enter said premises, or any part thereof, and maintaining any and all utilities and drainage facilities placed therein; provided that Grantee will, after doIng any work in connection with the construction, reconstruction, relocating or maintenance of said utilities and drainage facilities, restore the surface to the condition to which said surface was found when such work was undertaken insofar as permitted under the plans and specifications approved for projects to be located within the herein described easement, and that in the use of said rights and privileges herein granted the CITY OF PARIS will not create a nuisance or do any act that will be detrimental to said premises. Grantor does hereby bind himself, his heirs, executors and administrators, to warrant and forever defend, all and singular, said premises unto the CITY OF PARIS against every person whomsoever lawfully claiming or to claim the same or arlY part thereof. WITNESS our hands this L6th day of January, 1993, PHILLIP A, McKINNEY STATE OF TEXAS ~ COUNTY OF LAMAR ~