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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. y,io t :l-I::')~--.i~i.lT; IT (~";----7;Fi ;rC-()j:- .'1-;;'-::;--:: .~-