1985-005-RES WHEREAS, ~the condition of a sewer main approximately 500 feet in length, running South from the
RESOLUTION NO. 85-005
WHEREAS, ~the condition of a sewer main approximately
500 feet in length, running South from the South boundary
line of the 2100 block of West Austin Street to the North
boundary line of the 2100 block of West Sherman Street
requires reconstruction and repair at the earliest possible
datel and,
WHEREAS,
plishment of
presented to
Pinel and,
the plans and specifications for the accom-
such reconstruction and repair have been
the City Council by the City Engineer, Torn
WHEREAS, in order for such repair and reconstruction to
be accomplished, it is necessary that easements be procured
from Billy W. Hilliard and Wendell O. Downs, owners of
property through which said sewer main must traverse, which
easements are attached as Exhibit A and Bl NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, That the plans and specifications for the recon-
struction and repair of the sewer main approximately 500
feet in length running South from the South boundary line of
the 2100 block of West Austin Street to the North boundary
line of the 2100 block of West Sherman Street be, and the
same are hereby approved and said project is authorized 1
and,
BE IT FURTHER RESOLVED, That the City Attorney,
T. K. Haynes, be, and he is hereby authorized and directed
to procure the described easements by donation and in the
event such donations are not forthcoming, then to proceed to
condemn the property described in the attached easements for
utility purposes.
Passed and adopted this 7th day of February, 1985.
~~ )hAL~
J e Graham, Mayor
ATTEST:
~A--u~
H. ~. areene, City Clerk
UTILITY EASEMENT
STATE OF TEXAS ~
KNOI-J ALL MEN BY 'J'UESE 1'HESEN'l'S:
COUNTY OF LAMAR ~
"
That we, BILLY IV. HJLLll\RD cllid wit", l-'HI\NCIS IlTLLIAHD,
of Lamar County, Texas, for and in con~;id( riltion of the sum
of ONE DOLLAR ($1.00) co:oh, oml oth"r <lood clnrJ vClluilblc
consideration, to us in hand paid by the C1'1'Y OF PARIS,
aCknowledged, do hereby sell, give and grilnt unto the said
Paris, Texas, the receipt and sufficiency of which is hereby
CITY OF PARIS, a municipal corporation, of Lamar County,
Texas, a utility easement described as follows:
Situated within the corporilte limits of the,
City of Paris, Lamar County, 'I'excl';, " part: of the,
Asa Jarman Survey, dnd being part of Lot 1, City
Block 212, conveyed by deed to 13il1y \"J. UiUii1rcl
and wife, Francis IIillianl, from CLUil cTo~;ephinc
Osburn and husband, Jake Osburn, dilted August 15,
1974, recorded in Volume 562, 1'a9" 116, De"d
Records, Lamar County, Texas.
BEGINNING at a point for corner in the South
boundary line of West Austin Street, said point
being the Northeast corner of Lot 1, City 1310ck
212, said point also being located east a distance
of 252 feet from the East boundary line of 22tld
Street Southwest.
THENCE South along the East boundary line of
said Lot 1, a distance of 220 f"et to il point for
corner, said point being the Southeast corner of
Lot 11
THENCE West with the South boundary line of
Lot 1, a distance of 15 feet to a pOLnt for
corner;
THENCE North along a line which is parallel
and 5 feet West of the East boundary line of Lot
1, a distance of 220 feet to d point for corner in
the South boundary line of West Austin Street;
THENCE East alan'} the South !Jounuilry Li lie of
West Austin Street, a distance of 15 teet to the
place of beginning and contilinililj (]. 025 acre,; of
land more or less.
TO HAVE AND TO HOLD the ilbove property unto the CI'l'Y OF
PARIS for the purposes aforesa iu, with the Light and
...........: ~..: 1 _ ~. _
surface to the condition to which suici surface WilS found
when such work was undertaken in so far uS permitted under
the plans and specifications approved for projects to be
located wi thin 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 cJo any act that
will be detrimental to said premises.
Grantors do hereby bind thelllse Lv",;,
their heirs,
all and singular, said premises unto the CITY OF PARIS
executors and administrators, to warrant und i.orever defend,
claim the same or any part thereof.
against every person whomsoever lawfully claiming or to
WITNESS our hands this 31st day of January, 1985.
Billy \1. Hilliard
Fr,';ncis Hilliard
STATE OF TEXAS ~
COUNTY OF LA~mR 5
BEFORE ME, the undersigned authority, on this day
personally appeared BILLY W. HILLIARD and ~Iife, FRANCIS
HILLIARD, known to me to be the per,;ons whose names are
subscribed to the foregoing instnmlent, ilnd acknowledged to
me that they executed the same for the purposes and con-
sideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
of January, 1985.
day
N'()t:~1l_:-Yl)lIT;lT(-;-~ci:7l- t(;-o~f 'l'ex a ~
My cOIlunission cxpires:_____
--ir
U1'ILI'l'Y EASE~lc:N'J'
STATE OF TEXAS 5
KNOW ALL I1EN UY THESE PRESEN1'S:
COUNTY OF LAMAR 5
,
'rhat we, WENDELL O. DOWNS and wife, vJl\NDl\ J. DOWNS, of
,
Lamar County, Texas, for and in consideration of the sum of
ONE DOLLAR ($1.00) cash, ilnd other qood and villu2,ble con-
sideration, to us in hand paid by the CITY OF PARIS, Paris,
Texas, the receipt and sufficiency of "hich is hereby
acknowledged, do hereby sell, give and grant unto the said
CITY OF PARIS, a municipal corporation, of Lawilr County,
Texas, a utility easement described as follows:
Situated within the corporate limits of the
Ci ty of Paris, Lama.r County, TCX(1~; ( it pilrt of the
Isaiah Davis Survey, and being a part of Lot 9,
City Block 212, conveyed by deed to Wendell O.
Downs and wife, Wanda J. DOI,Tns, frow Elmer Powell
Hicks and wife, Dennie Frances lIicb;, dated i\pril
2, 1979, recorded in Volume 612, Page 719, Deed
Records, Lamar County, Texas.
BEGINNING at a point for corner in the North
boundary line of West Sherman Street, said point
being the Southeast corner of Lot 9, City Block
212, said point also being located East a distance
of 270 feet from the East boundary line of 22nd
Street Southwest.
THENCE North along the East boundary line of
Lot 9, a distance of 257.5 feet to the Northeast
corner of said Lot 9;
THENCE West along the North boundary line of
Lot 9, a distance of 35 feet to a point for
corner;
THENCE South 7 Deg. 14 Min. East, a distance
of 158.76 feet to a point for corner, said point
being located West 15 feet from the East boundary
line of said Lot 9;
THENCE South along a lil1l' which i.:; parallel
and 15 feet Ivest of the Ecl,-,t bound,uy line of Lot
9, a distance of 100 feet to a point for corner in
the North boundary line of West ShCl~Jn Street;
THENCE East along the North boundary line of
West Sherman Street, a di stance' of 1', feet Lo the
place of beginning and containing 0.IL4fl acres of
land more or less.
TO HAVE AND '1'0 HOLD the above property unto the CITY OF'
, '':
work in connection with the con~:>trLlcl:j()n, rc~c()nstruction,
relocating or maintenance elL ,;aicl utiljli,es, restore the
surface to the condition to Hhich saicl surface was found
when such work was undertaken in so far as permitted under
the plans and specifications approvc~d for projE?cts to be
located wi thin the herein describ",c] Cd scmcll t, dnd that in
the use of said rights and Pl'iv,i ]'"ge5 heelein granted the
CITY OF PARIS will not CU:i1tc a n\1iSilncee or du any act, that
will be detrimental to said premises.
Grantors
do hereby
bind
thCIll.(;C~.1 ve~.; 1
their heirs,
all and singular, said premises unto the C.1'l'Y 01' PArns
executors and administrators, to Harrant and forever defend,
against every person whomsoever lawfully claiming or to
claim the same or any part thereof.
I'iITNESS our h'lIlds this 31,]1: day of ,Jillma.!.y, ] 9US.
~-ende 1 r()~-r5own s ----
W;.1n({~i'-"J-.~1)-OWI1S---~----~----'
STATE OF TEXAS ~
COUNTY OF LA/lAR 5
BEFORE ME, the undersigned authority, on this day
personally appeared WENDELL O. DOWNS and wife, WANDA J.
DOWNS, known to me to be the persons whoso names are sub-
scribed to the foregoing instrument, and acknowledged to me
that they executed the same lor the purpo,;C',; imd con-
sideration therein expressed.
CIVEN UNDER MY HAND ^ND SSM, OF OFFJU: Lhis ______ cli1Y
of January, 1985.
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