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1992-066-RES WHEREAS, the City of Paris did heretofore construct a sanitary sewer main across Lot 8C, City Block 287 RESOLUTION NO. 92-066 WHEREAS, the City of Paris did heretofore construct a sanitary sewer main across Lot 8C, City Block 287 owned by J. B. McCarley and wife, Florence McCarley; and, WHEREAS, J. B. McCarley and wife, Florence McCarley are agreeable to granting an easement across said property in exchange for the City's release of an abandoned sewer line easement which is no longer needed by the City of Paris; and, WHEREAS, the sanitary hereto; and, the easement description necessary sewer main is shown on Exhibit to contain A attached WHEREAS, the City Council finds that the above described utility and drainage easement is necessary for the proper conclusion of said improvement project and that the same should be procured; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the City Attorney, T. K. Haynes, be, and he is hereby authorized and directed to proceed to procure the above described utility and drainage easement upon the terms and conditions aforesaid. Passed and adopted this 10th day of August, 1992. ~~~~ Gorge Fis er, Mayor ATTEST: APPROVED AS TO FORM: J~~ T. K. Hay s, City Attorney UTILITY AND DRAINAGE EASEMENT STATE OF TEXAS ~ KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR S That we, B. J. McCARLEY and wife, FLORENCE McCARLEY, of Lamar County, Texas, for and in consideration of the sum of ONE DOLLAR ($1.00) cash, and other good and valuable consideration, to us 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 within the corporate limits of the City of Paris, County, of Lamar and State of Texas, a part of the Joseph Leach survey No. 524, and being Lot 8C, City Block 287, described in deed from R. B. Staples, Jr. and James Paul Miears to J. B. McCarley and wife, Florence McCar ley, recorded November 21, 1977, in Volume 297, Page 96, Real Property Records, Lamar County, Texas, and being more particularly described as follows: property, Beginning: THENCE along the south property line of said McCarley tract, N 890 23' E a distance of 337, feet more or less to a point; THENCE N 000 37' W, a distance of 30 feet, more or less to a point; THENCE N 890 23' W, a distance of 337 feet, more or less, to a point in the west boundary line of said McCarley tract; THENCE along the west McCarley tract, a distance of the place of beginning and 0.23 acres of land. BEGINNING at the southwest corner of McCarley said point being the Principal Point of boundary line of said 30 feet, more or less to containing approximately 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 .- ! ~ -- ------.....-...........:.......... ....""l,...,.,nt-;T1fT r\1" m~;n1-pn.An{'p of 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. Grantors do hereby bind themselves, their 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 any part thereof. WITNESS our hands this day of August, 1992. J. B. McCARLEY FLORENCE McCARLEY STATE OF TEXAS ~ COUNTY OF LAMAR ~ BEFORE ME, the undersigned authority, on this day personally appeared J. B. McCARLEY and wife, FLORENCE McCARLEY, known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this of August, 1992. day Notary Public, State of Texas Printed Name: My commission expires: