1987-095-RES WHEREAS, the City Council of the City of Paris is aware of the development of Morningside North
RESOLUTION NO. 87-095
WHEREAS, the City Council of the City of Paris is aware
of the development of Morningside North Addition by David
Glass and Barney Bray, III and the need for a utility and
drainage easement in order that said property can be
properly served with utilities and properly drained; and,
WHEREAS, David Glass and Barney Bray, III have tendered
the donation of such an easement described in Utility and
Drainage Easement attached hereto as Exhibit A, and it is in
the best interest of the City of Paris that such easement be
accepted; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, That the donation of David Glass and Barney Bray, III
of the easement described in Utility and Drainage Easement
attached hereto as Exhibit A, is in all things accepted.
Passed and adopted this 14th day of September, 1987.
~~.
Bi Y ur ett, Mayor
ATTEST:
~~"\~"\~~~
Mattie Cunningham, Cit er
APPROVED AS TO FORM:
/~
~r.-.. yn"~="Y
UTILITY AND DRAINAGE EASEMENT
STATE OF TEXAS S
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR S
That we, DAVID GLASS and BARNEY BRAY, III, of Lamar
County, Texas, for and in consideration of the sum of ONE
DOLLAR ($1.00) cash, and other good and valuable consid-
eration, 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:
TRACT I
Being all that certain tract or parcel of
land situated about 3 miles East of the City of
Paris, County of Lamar and State of Texas, a part
of the Joseph Moore Survey Abst. No. 571 a part of
20 acres of land described in a deed from Angeline
Pride, H. C. Pride and J. F. Pride to S. E. Smith
on April 17, 1886, recorded in Vol. 72, Page 324
and a part of 40 acres of land described in a deed
from W. G. Moore, John B. Moore, Alice S. Moore
and J. Moore to S. E. Smith on March 21, 1881,
recorded in Vol. 69, Page 2, and also being a part
of 34.34 acre tract of land in the Joseph Leach
Survey as described in a deed from Charles Manton,
et ux, to S. E. Smith on January 1, 1902, of
record in Vol. 102, Page 464, and the land
conveyed to S. E. Smith by J. G. Marshall, January
18, 1907, of record in Vol. 103, Page 6 of the
Deed Records of said County and State and being
further described as follows:
BEGINNING at a point in the West Boundary
Line of the above mentioned 20 acre tract of land
said point being South a distance of 320 feet from
the Northwest corner of said 20 acres;
THENCE South 890 35' East a distance of
1339.46 feet to stake for corner in the West
Boundary line of a public road;
THENCE South 00 27' East a distance of 30.0
feet to an iron pin for corner;
THENCE North 890 35' West a distance of
1447.06 to an iron pin for corner;
THENCE North 00 09' West a distance of 30.0
feet to an iron pin for corner;
THENCE South 890 35' East a distance of
107.40 feet to the place of beginning and con-
~_~_~__ n nni ~____ _~ 1__A ~~_~ ~_ 1o~~
in Vol. 108, Page 165, of the Deed of Trust
Records of said County and State which is a part
of the same land described in a deed from Charles
Manton, et UK, to S. E. Smith by J. G. Marshall,
January 18, 1902, of record in Vol. 103, Page 6 of
the Deed Records of said County and State and
being further described as follows:
BEGINNING at a stake for corner in the West
line of a channel easement to the Texas Highway
Dept. said point being South O' 09' East a
distance of 320 feet and North 89' 35' West a
distance of 107.21 feet from the Northeast corner
of the above mentioned tract of land;
THENCE South O' 09' East a distance of 280
feet to an iron pin for corner;
THENCE North 88' 54' 45" West a distance of
816.95 feet to an iron pin for corner;
THENCE North l' 13' West a distance of 20.0
feet to a stake for corner;
THENCE South 88' 54' 45" a distance of 601.15
feet to a stake for corner;
THENCE South I' 03' East a distance of 5 feet
to a stake;
THENCE South 88' 54' 45" East a distance of
200.80 feet to a stake for a corner;
THENCE North O' 09' West a distance of 265
feet to a stake for corner;
THENCE South 89' 35' East a distance of 15.0
feet to the place of beginning and containing
0.438 acres of land, more or less.
TRACT II I
Being all that certain tract or parcel of
land situated about 3 miles East from the City of
Paris, County of Lamar and State of Texas, a part
of the Joseph Leach Survey Abst. No. 524, also
being a part of a 34.34 acre tract of land
described as 3rd Tract in a Deed of Trust in Vol.
108, Page 165, of the Deed of Trust Records of
said County and State, which is a part of the same
land described in a deed from Charles Namton, et
UK, to S. E. Smith on January I, 1902, of record
in Vol. 102, Page 464, and the land conveyed to S.
E. Smith by J. G. Marshall, January 18, 1902, of
record in Vol. 103, Page 6 of the Deed Records of
said County and State and being further described
as follows:
BEGINNING at an iron pin for corner in the
South Boundary Line of U. S. Hwy. No. 82, said
point being North 89' 35' West a distance of
500.53 feet from the Northeast corner of the above
mentioned tract of land;
THENCE South O' 25' West a distance of 144.84
feet to the beginning of a curve to the left
having a radius of 368.78 feet;
THENCE in a Southeasterly along said curve to
the left having a long chord that bears South 17'
13' East a distance of 223.42 feet, an arc
-'~ _.....____ _~ '"I'lL: nn ~__"'- ...._ ....1-_ __...1 _I: __~ -' _..____
THENCE North 880 54' 15" West a distance of
50 feet to an iron pin for corner;
THENCE North 10 03' Eas t a dis tance of 2.0
feet to the beginning of a curve to the left
having a radius of 370.14 feet;
THENCE in a Northwesterly direction along
said curve to the left having a long chord that
bears North 160 54' West a distance of 228.14 feet
an arc distance of 231.93 feet to the end of said
curve and the beginning of a curve to the right
having a radius of 418.78 feet;
THENCE in a Northwesterly direction along
said curve to the right having a long chord that
bears North 170 13' West a distance of 253.72 an
arc distance of 257.77 to the end of said curve;
THENCE North 00 25' East a distance of 144.84
feet to an iron pin for corner in the South Line
of U. S. Highway No. 82;
THENCE South 890 35' East a distance of 50
feet to the place of beginning and containing
0.731 acres of land, more or less.
TO HAVE AND TO HOLD the above property unto the CITY OF
PARIS for the purposes aforesaid, with the right and privi-
lege 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 con-
struction, 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.
Grantors do hereby bind themselves, their successors or
assigns, 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
~ ~-
~ )JJ
B EY BRA( III, e op~r-
------.-..-
STATE OF TEXAS S
COUNTY OF LAMAR S
BEFORE ME, the undersigned authority, on this day
personally appeared David Glass, 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 /1 ~ day
of September, 1987.
~~~~~
Notar u ~c, State 0 Texas
Printed Name: Yvonne Chance
My commission expires: 4-30-90
STATE OF TEXAS S
COUNTY OF LAMAR S
BEFORE ME, the undersigned authority, on this day
personally appeared Barney Bray, III, 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
of September, 1987.
q tIv day
~~~
Notar u ~c, tate of Texas
Printed Name: Yvonne Chance
My commission expires: 4-30-90