1988-078-RES WHEREAS, the City of Paris did on May 11, 1938, execute a 50 year lease which expired this year, to the
RESOLUTION NO. 88-078
WHEREAS, the City of Paris did on May 11, 1938, execute a 50
year lease which expired this year, to the State Highway Department
for two tracts of land, one for park purposes and one for road right
of way; and,
WHEREAS, the City Council of the City of Paris did at its
meeting on May 16, 1988, by Resolution No. 88-045 authorized a lease
agreement with the State Department of Highways and Public Transpor-
tation for the first tract which is used for Park purposes; and,
WHEREAS, the second tract is used for right of way for a public
road and it is necessary that a Right-Of-Way Easement be granted to
the Texas Department of Highways and Transportation in order that it
may maintain the public road contained therein; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That
the form of Right-Of-Way Easement 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 Right-Of-Way Easement in
the form attached hereto as Exhibit A.
Passed and Adopted this 8th day
1988.
Eric
ATTEST:
~i}t~.) )~R~~~
Matt~e unning am, ~ty er
APPROVED AS TO FORM:
ttorney
RIGHT-OF-WAY EASEMENT
STATE OF TEXAS ~
COUNTY OF LAMAR ~
KNOW ALL MEN BY THESE PRESENTS:
That the CITY OF PARIS, of Lamar County, Texas, for and in
consideration of the sum of ONE DOLLAR ($1.00) cash, and other good
and valuable consideration, to it in hand paid by the STATE OF
TEXAS, Paris, Texas, the receipt and sufficiency of which is hereby
acknowledged, do hereby sell, give and grant unto the said STATE OF
TEXAS, a Right-Of-Way Easement described as follows:
Being a tract of 2.21 acres of land deeded to said City
of Paris by Mrs. Sarah Hull as recorded in Vol. 245, Page 311,
of the Deed Records of Lamar County, and a part of a survey
originally granted to R. Russell, being more particularly
described as follows:
Beginning at a point South 6 deg. 18' West 70 feet from a
point in the East Right-of-Way line of the St. L., S. F. & T.
Railroad and in the center of a County road running East and
West on the South side of the Frisco School North of Paris;
thence South 6 deg. 18' West 230.8 feet along the East
Right-of-Way line of said St. L., S. F. & T. Railroad; thence
South 53 deg. 42' East 94 feet; thence 447 feet southerly along
a curve having a radius of 473.7 feet and a central angle of 54
deg. 12'; thence South 89 deg. 30' East 50 feet to the West
Right-of-Way line of U. S. Highway No. 271; thence North along
the West Right-of-Way line of U.S. Highway No. 271, 720 feet to
the center of the County Road mentioned above; thence West
along the center of said road 50 feet; thence South 0 deg. 30'
West 134 feet; thence Westerly 110 feet along a curve having a
radius of 50 feet and a central angle of 125 deg. 48'; thence
West 53 deg. 41' West 209.5 feet to the East Right-of-Way of
the St. L., S. F. & T. Railroad and the place of beginning and
containing 2.21 acres of land more or less.
TO HAVE AND TO HOLD the above property unto the STATE OF TEXAS
for the purposes aforesaid, with the right and privilege at any and
all times to enter said premises, or any part thereof, and maintain
any and all street or road improvements and appurtenances thereto
placed therein and drainage facilities supporting the same; provided
that Grantee will, after doing any work in connection with the
construction, reconstruction, relocating or maintenance of said
roadway and appurtenances thereto placed therein and drainage
facilities supporting the same, 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
STATE OF TEXAS will not create a nuisance or do any act that will be
detrimental to said premises.
Grantor does hereby bind itself, and its successors and
assigns, to warrant and forever defend, all and singular, said
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WITNESS its hand this 8th day of August, 1988.
CITY OF PARIS
ATTEST:
Eric S. Clifford, Mayor
Mattie Cunningham, City Clerk
STATE OF TEXAS ~
COUNTY OF LAMAR ~
BEFORE ME, the undersigned authority, on this day personally
appeared, Eric S. Clifford, 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
August, 1988.
day of
Notary Public, State of Texas
Printed Name:
My commission expires: