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: