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1986-032-RES WHEREAS, the City Council did heretofore, in Resolution No, 86-013, authorize the procurement of RESOLUTION NO. 86-032 WHEREAS, the City Council did heretofore, in Resolution No, 86-013, authorize the procurement of property for the City of Paris Water Treatment Plant Alum Sludge Disposal System; and, WHEREAS, the owner of the property needed has offered a contract for sale of the needed property and additional property needed for future expansion of the City of Paris water system and other city functions; and, WHEREAS, it is in the best interest of the citizens of the City of Paris that such contract attached hereto as Exhibit A be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the Mayor of the City of Paris, George Fisher, Jr" be, and he is hereby authorized and directed to execute on behalf of the City of Paris the contract attached hereto as Exhibit A with Howard S, Smith and wife, Charline Smith; and, BE IT FURTHER RESOLVED, That the City Manager of the City of Paris, be, and he is hereby authorized and directed to execute any further required legal instruments to complete the sale and transfer of ownership into the City of Paris; and, BE IT FURTHER RESOLVED, That the Director of Finance, be, and he is hereby authorized and directed to make payments in accordance with the contract attached hereto as Exhibit A, Passed and adopted this 14th day of April, 1986. ~~~, Mayor ATTEST: ~~\Q~~J Mattie Cunning am, Cit er APPROVED AS TO FORM: ~.~ T, K, Haynes, itv Attorney CONTRACT FOR SALE AND PURCHASE OF LAND STATE OF TEXAS ~ ~ COUNTY OF LAMAR ~ THIS is a Contract of Sale entered into on the 14th day of April, 1986, by and between Howard S. Smith and wife, Charline Smith, of Sulphur Springs, Hopkins County, Texas, hereinafter called "Sellers" and the City of Paris, Paris, Lamar County, Texas, acting by and through its Mayor, George Fisher, Jr" duly authorized, hereinafter called "Purchaser" for the sale of approximately 183 acres of land located in Lamar County, Texas, to the City of Paris, upon the follow- ing terms and conditions herein contained: WIT N E SSE T H I. Sellers have and do hereby agree to sell and convey unto Purchaser and Purchaser has and does hereby agree to purchase from Sellers the fee simple title to approximately 183 acres of land, more or less located about 3 miles North from the City of Paris, Lamar County, Texas, being a part of the Thomas Askins Survey, Abstract Number 6 and being more particularly described as follows, to-wit: TRACT I TRACT II II, This sale is subject to any and all oil, gas and other mineral reservations, easements, right-of-ways and other instruments properly filed of record with the County Clerk's Office of Lamar County, Texas, III. For and in consideration of said Agreement to Sell, sum of $525.00 per surveyed acre. Payment shall be made in cash at closing and contemporaneously with the execution and delivery of a general warranty deed from Sellers to Purchaser on the fifth day of January, 1987. IV. Purchaser may obtain title insurance policy at Purchaser's expense and if the title as shown by the title policy is good and valid, then Sellers will make, execute and tender a good and sufficient deed conveying the afore- said property to Purchaser with full covenant of general warranty to complete this contract in accordance with its terms and stipulations at closing, If the title to said property, as disclosed by the title policy is not shown to be good and valid, then the Purchaser shall procure and submit to Sellers a statement in writing of the objections made to said title insurance within 30 days and Sellers shall cure such objections at Sellers' expense on or before January 1, 1987, If no objections to the title as reflected in the title policy are made within the time specified, Purchaser shall be construed as having accepted title to the land in its condition as reflected in said policy of title insurance. V. Purchaser agrees to construct a barbed four wire fence along the entire South boundary line of both Tract I and Tract II along the Branch of Pine Creek with steel posts at 10 foot intervals, properly braced, at Purchaser's expense, The parties agree that the boundary line shall be the middle of the Branch of Pine Creek, but for convenience, the fence shall be located on the South side of the Branch of Pine , , ___1- ~ n_____ _1_ _.1: n.!__ this contract but agrees to give Sellers and their Lessees 60 days notice of its intent to take possession thereof and to allow Sellers and their Lessees said 60 days within which to remove their cattle and any equipment from said Tract I or Tract' II herein described. However. the fence herein mentioned to be built by Purchaser must be completed before Purchaser takes possession, VII. Purchaser agrees to pay all of the ad valorem taxes levied against Tract I and Tract II for the year 1986, regardless of the day that Purchaser may take possession of any portion of Tract I or Tract II. VIII. Seller agrees to donate the water transmission line utility easement consisting of a 30 foot permanent easement and a 40 foot temporary easement in the form of Exhibit A attached hereto. IX, The provisions hereof shall be binding upon the heirs, successors, assigns, executors, administrators and legal representatives of the parties hereto, Signed in duplicate this day of April, 1986. CITY OF PARIS Howard S, Smi th Charline Smith BY~~hZ~::YOr STATE OF TEXAS ~ COUNTY OF LAMAR ~ BEFORE ME, the undersigned authority, on this day personally appeared Howard S. Smith and Wife, Charline Smith, known to me to be the persons whose names are sub- scribed to the foregoing instrument, and acknowledged to me that they executed the same for the purposes and consid- eration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this of April, 1986. day Notary Public, State of Texas Printed Name: .. My commission expires: STATE OF TEXAS ~ COUNTY OF LAMAR ~ BEFORE ME, the undersigned authority, on this day personally appeared George Fisher, Jr., Mayor of the City of Paris, duly authorized, 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 and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this of April, 1986. day Notary Public, State of Texas Printed Name: My commission expires: UTILITY EASEMENT STATE OF TEXAS ~ KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR ~ That I, Charline Smith, of Lamar County, Texas, for and in consideration of the sum of ONE DOLLAR ($1.00) cash; the right and privilege of one water tap for residential use, such tap to be at the point designated by Grantor and to be at Grantees expense; Grantor shall have the right to purchase potable City water at regular City rates for her residence should she choose to locate the same on the tract out of which the hereinafter described easement is taken, such water to be used for residential use only; and other good and valuable consideration, to me 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: BEING a strip of land for permanent easement 30 feet in width and being over, under and across a tract of land in the Thomas Askins Survey, Lamar County, Texas, conveyed to Charline Smith by a deed now of record in Volume 363, Page 543 of the Deed Records, Lamar County, Texas, said 30 foot wide strip of land being more particularly described by metes and bounds as follows: BEGINNING at a point in the West property line of said Charline Smith tract, said point also being in the East property line of a tract of land conveyed to Bill R. Montgomery and wife, Bernice G. Montgomery by a deed now of record in Volume 602, Page 622 of the Deed Records, Lamar County, Texas, said point being North, a distance of 1175.53 feet measured along the West property line of said Charline Smith tract, from the Southwest corner of said Charline Smith tract; "'TT~11"T""'" "'T~~_....L _1 ___ ....1-_ T.T__.... .....__.............._.......... , .:......... ....4= line of a tract of land conveyed to Luther C. Parr by a deed now of record in Volume 361, Page 557 of the Deed Records, Lamar County, Texas; THENCE West, along the South property line of said Charline Smith tract, a distance of 30.12 feet to a point for corner; THENCE N 4057'46" W, a distance of 615.51 feet to an angle point; THENCE N 4038'00" W, a distance of 564.58 feet, more or less, to the place of beginning and containing 41002.6 square feet (0.941 acres), more or less. Also a temporary construction easement being 40 feet in width and being adjacent to, parallel with and West of the West line of the above described permanent easement. This temporary construction easement containing (0.855 acres), more or less. 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 utili ties facilities placed therein; provided that Grantee will, after doing any work in connection with the construction, reconstruction, relocating or maintenance of said utilities facilities, restore the surface to the condition to which said surface was found when such work was undertaken in so far 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. Grantor does hereby bind herself, her 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 my hand this day of , 1986. STATE OF TEXAS ~ COUNTY OF LAMAR ~ BEFORE ME, the undersigned authority, on this day personally appeared Charline Smith, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this , 1986. day of Notary Public, State of Texas Printed Name: My commission expires: