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1987-121-RES WHEREAS, the City Council of the City of Paris did heretofore in Resolution No. 87-108 on the 6th day of RESOLUTION NO. 87-121 WHEREAS, the City Council of the City of Paris did heretofore in Resolution No. 87-108 on the 6th day of October, 1987, authorize the rehabilitation of Campbell's Lift Station, Northwest Loop (Battle's) Lift Station, Old Bonham Road Lift Station, Woodard's Lift Station and 7th Street S.W. Lift Station; and, WHEREAS, G. W. Walker and wife, Marie Walker have tendered the donation of such an easement, necessary for the completion of the rehabilitation of the Old Bonham Road Lift Station project, described in Utility Easement attached hereto as Exhibit A, and it is in the best interest of the City of Paris that such easement be accepted; and, WHEREAS, as part of the consideration for the easement donated, the City Manager did execute an agreement con- cerning said rehabilitation project with G. W. Walker and wife, Marie Elaine Walker upon the terms and conditions and in the form attached hereto as Exhibit B; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the donation of G. W. Walker and wife, Marie Elaine Walker of the easement described in Utility Easement attached hereto as Exhibit A, is in all things accepted. BE IT FURTHER RESOLVED, That the execution of the contract attached hereto as Exhibit B with G. W. Walker and wife, Marie Elaine Walker by Michael E. Malone, City Manager of the City of Paris on the 19th day of October, 1987 is hereby ratified. Passed and adopted this 9th day of November, 1987. ~~- Bi Y e Burnett, Mayor ATTEST: ~",:" ~\.~~~ ') Mattie Cunning am, C1 er APPROVED AS TO FORM: J~Y~o=eY UTILITY EASEMENT STATE OF TEXAS ~ COUNTY OF LAMAR ~ KNOW ALL MEN BY THESE PRESENTS: That we, G. W. WALKER and wife, MARIE WALKER, 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 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 Asa Jarman Survey, and being part of Lot 16, City Block 309, and being part of a 21.493 acre tract of land described in deed from Floyd E. Loggins to G. W. Walker and wife, Marie Walker, and filed for record August 3, 1983, in Volume 660, Page 305, Deed Records, Lamar County, Texas, and being further described as follows: BEGINNING at a point in the South boundary line of Old Bonham Road, same being S 790 09' W a distance of 108 feet from a fence post for corner, same being the Northeast corner of said Walker 21.493 acre tract; THENCE S 100 51' E a distance of 25 feet, a point; THENCE S 790 09' W a distance of 25 feet, a point; THENCE N 100 51' W a distance of 25 feet, a point in the South boundary line of said Old Bonham Road; THENCE N 790 09' E, with the South boundary line of said Old Bonham Road, a distance of 25 feet to the place of beginning and containing 0.01435 acre of land, more or less. And, a temporary construction easement upon said tract (part of Lot 16, Block 309) as follows: BEGINNING at a point in the South boundary line of Old Bonham Road, same being S 790 09' W a distance of 70 feet from the fence post for corner, the NE corner of said Walker tract; THENCE S 100 51' E a distance of 75 feet, a point; THENCE S 790 09' W a distance of 75 feet, a point; THENCE N 100 51' W a distance of 75 feet, a THENCE N 790 09' E a distance of 25 feet, a point, same being the Southeast corner of the above described tract; THENCE N 100 51' W a distance of 25 feet, a point in the South boundary line of Old Bonham Road, same being the Northeast corner of the above described tract; THENCE N 790 09' E, with the South boundary line of Old Bonham Road a distance of 25 feet to the place of beginning and containing 0.1148 acre 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 placed therein; provided that Grantee will, after doing any work in connection with the construction, reconstruction, relocating or maintenance of said utilities, restore the surface to the condition to which said surface was found when such work was undertaken insofar as permitted under the plans and speci- fications approved for proj ects 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 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 , 1987. G. W. Walker Marie Walkf>r known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the snme for the purposes and consideration therein expressed. of GIVEN UNDER MY HAND AND SEAL OF OFFICE this , 1987. day Notary Public, State of Texas Printed Name: My commission expires: CONTRACT STATE OF TEXAS ~ COUNTY OF LAMAR ~ KNOW ALL MEN BY THESE PRESENTS: This contract, entered into this 19th day of October, 1987, by and between the City of Paris, a municipal corporation of Lamar County, Texas, hereinafter referred to as CITY, and G. W. WALKER AND WIFE, MARIE ELAINE WALKER, of Paris, Lamar County, Texas, hereinafter referred to as WALKER, wherein the parties contract and agree as follows: 1. That WALKER will convey an easement to CITY in the form of Exhibits A attached hereto and made a part hereof, for use in reconstruction of the Old Bonham Road Lift Station. 2. That WALKER agrees to co-sponsor a pro-rata project with CITY as follows: WALKER to pay for material, CITY to pay for labor, for the extension of a 6 inch water main from 19th Street S.W. West along the South side of Old Bonham Road to a mutually agreed point, which is at least 5 feet West of WALKER'S East property line. The pro-rata contract being co-sponsored by CITY and WALKER, will be in direct proportion to the cost con- tribution of each. IN WITNESS ~~EREOF, the parties hereto have caused the contract to be executed this 19th day of October, 1987. CITY OF PARIS By: ~~ Mic ae E. Malone, ~ City Manager ATTEST: ~~ T. K. Haynes, City Attorney >> ~KN\V\ ~~,~pJ?