1987-015-RES WHEREAS, the City Council of the City of Paris did heretofore approve the Plat of Cherry Lane Estates,
RESOLUTION NO. 87-015
WHEREAS, the City Council of the City of Paris did
heretofore approve the Plat of Cherry Lane Estates, includ-
ing easements shown there, which Plat is recorded in
Envelope 223/B, Plat Records, Lamar County, Texas; and,
WHEREAS, thereafter a single family residence was
constructed on Lot 12, Block "A" of Cherry Lane Estates in
such a manner as to encroach upon a platted utility easement
along the South side of said lot, said utility easement
being 25' in width and said encroachment being 2' 9"; and,
WHEREAS, the City of Paris can quit claim a rectangle
5' x 39'6" of the utility easement to eliminate such
encroachment without losing the utility of the utility
easement said rectangle being more particularly described in
surveyor's plat attached hereto as Exhibit A; and,
WHEREAS, J. P. Rodgers and wife, Ava Rodgers current
property owners of Lot 12, Block "A", Cherry Lane Estates,
have agreed to the affixing of a covenant running with the
land to be impressed upon said lot holding the City of Paris
harmless for any damage occurring to the single family
dwelling existing upon said lot from the City of Paris'
utility construction, reconstruction or repair occurring
within the boundary of said utility easement as reduced by
the quitclaiming of the aforesaid described 5' x 39' 6";
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, That the rectangle 5' x 39'6" described in Exhibit A
attached hereto is abandoned and vacated; and
BE IT FURTHER RESOLVED, That the Mayor of the City of
Paris, Billy Joe Burnett, be, and he is hereby authorized
and directed to execute on behalf of the City of Paris the
quit claim deed to J. P. Rodgers and wife, Ava Rodgers, in
the form of Exhibit B attached hereto.
Passed and adopted this 26th day of January, 1987.
~ks~2?
Bi oe Burnett, Mayor
ATTEST:
~~"~~~
Mattie unning am, Cit C erk
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FIELD NOTES
Situated within the Corporate Limits of the City of Paris, County of Lamar, and State of
Texas, a part of the Hiram Williams Survey #1003, and being a part of lot 12, block "A", Cherry
Lane Estates, said Addition being recorded in Envelope 223/B , Plat Records of said Coun-
ty and State. ---
Beginning at a point for corner in the North Boundary Line of a 25 ft. Utility Easement,
said point being Northerly a distance of 25 ft. and North 88 Deg. 49 Min. West a distance of
22.7 ft. from the Southeast corner of said lot 12.
Thence South 1 Deg. 11 Min. West a distance of 5 ft. to a point for corner;
Thence North 88 Deg. 49 Min. West a distance of 39.5 ft. to a point for corner;
Thence North 1 Deg. 11 Min. East a distance of 5 ft. to a point for corner;
Thence South 88 Deg. 49 Min. East along the North Boundary Line of said Easement a distance
of 39.5 ft. to the place of beginning.
I, J.M. Nelson, Registered Public Surveyor of Texas, No. 4025, certify that the above
depicted and described tract of land was taken from an actual survey made by me on the
ground on the 23rd day of January, 1987.
~41,A/l
J.M. Nelson, R.P.S.
-
No. 4025
STATE OF TEXASI
COUNTY OF LAMARI
BEFORE ME, the undersigned authority, a Notary Public in and for said County and
State, on this day personally apoeared J.M. Nelson, 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 purpose and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 26th day of January. 1987.
,-')~ 0..,. ~O/<\
Notary Publ;:, Lamar Co.. Texas
EXHIBIT "A"
QUIT CLAIM DEED
STATE OF TEXAS ~
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR ~
THAT The City of Paris, a municipal corporation, acting
by and through its Mayor, Billy Joe Burnett, duly
authorized, of Paris, Lamar County, Texas, for an in consid-
eration of TEN AND NO/100 DOLLARS cash and other good and
valuable consideration, to it in hand paid by J. P. Rodgers
and wife, Ava Rodgers, of the County of Lamar and State of
Texas, the receipt whereof is hereby acknowledged, have quit
claimed, and by these presents do quitclaim, unto the said
J. P. Rodgers and wife, Ava Rodgers, all its right, title,
interest, claim and demand in and to a certain lot or parcel
of land situated within the corporate limits of the City of
Paris, Lamar County, Texas, described as follows:
Situated within the Corporate Limits of the
City of Paris, County of Lamar, and State of
Texas, a part of the Hiram Williams Survey #1003,
and being a part of Lot 12, E10ck "A", Cherry Lane
Estates, said Addition being recorded in Envelope
223/B, Plat Records of said County and State;
BEGINNING at a point for corner in the North
Boundary Line of a 25 ft. Utility Easement, said
point being Northerly a distance of 25 ft. and
North 88 Deg. 49 Min. West a distance of 22.7 ft.
from the Southeast corner of said Lot 12;
THENCE South 1 Deg. 11 Min. West a distance
of 5 ft. to a point for corner;
THENCE North 88 Deg. 49 Min. West a distance
of. 39.5 ft. to a point for corner;
THENCE North 1 Deg. 11 Min. East a distance
of 5 ft. to a point for corner;
THENCE South 88 Deg. 49 Min. East along the
North Boundary Line of said Easement a distance of
39 feet to the place of beginning.
In accordance with actual survey made on the
ground on the 23rd day of January, 1987 by J. M.
Nelson, R.P.S. No. 4025.
claims, and demand, to the said J. P. Rodgers and wife, Ava
Rodgers, their heirs and assigns, forever, so that neither
City of Paris nor its successors, legal representatives or
assigns shall have any right or title to or interest in such
property, premises or appurtenances, or any part thereof, at
any time hereafter.
In testimony whereof I have hereunto set my hand this
26th day of January, 1987.
CITY OF PARIS
BY:
Billy Joe Burnett, Mayor
ATTEST:
Mattie Cunningham, City Clerk
STATE OF TEXAS ~
COUNTY OF LAMAR ~
BEFORE ME, the undersigned authority, on this day
personally appeared Billy Joe Burnett, Mayor of the City of
Paris, 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 purpose~ and consideration therein
expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
of January, 1987.
day
Notary Public, State of Texas
Printed Name:
My commission expires: