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1985-041-RES WHEREAS, the City Council of the City of Paris did heretofore receive a deed from J. 0 Fox and wife, RESOLUTION NO. 85-041 WHEREAS, the City Council of the City of Paris did heretofore receive a deed from J. 0 Fox and wife, Sallie Fox dated May, 1952, which conveyed 0.125 acres of land in the Thomas Askins Survey to the City of Paris to be used in connection with the construction of the Master Lift Station for the City of Paris' Wastewater Treatment Plant; and, ~VHEREAS, it has been discovered that the description in said deed is incorrect and the property described therein should be conveyed back to Sallie Fox Dooley by use of the deed form attached hereto as Exhibit A; and, WHEREAS, it is appropriate that the City of Paris receive from B. Frank Dooley and wife, Sallie Fox Dooley the conveyance of 5,446.4 square feet out of the Thomas Askins Survey being more particularly described in the General Warranty Deed form attached hereto as Exhibit B; and, WHEREAS, the City of Paris is in need of a maintainable easement for access from US 271 North to the City of Paris Master Lift Station and it is therefore appropriate that the City of Paris receive from B. Frank Dooley and wife, Sallie Fox Dooley the easement described in Right-of-Way Easement attached hereto as Exhibit C and that in consideration of said easement, the City of Paris perform those task described therein; 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 deed from the City of Paris to Sallie Fox Dooley, attached hereto as Exhibit A, and the form of the same is concurrently approved. BE IT FURTHER RESOLVED that the City of Paris does hereby accept the conveyance of 5,446.4 square feet described in and using the form of deed attached hereto as Exhibit B and to receiye the Right-of-way Easement upon the terms and conditions stated therein from B. Frank Dooley and wife, Sallie Fox Dooley in the form of Exhibit C attached hereto. Passed and adopted this 18th day of May, 1985. ~_(;;;...;..... (}f: '~Z;hevFi~er, iJ., Mayor ATTEST: ~~''-~'-~) att~e unning am. ~t er GENERAL WARRANTY DEED THE STATE OF TEXAS COUNTY OF LAMAR ~ ~ KNOW ALL MEN BY THESE PRESENTS: That CITY OF PARIS, Paris, Texas, a municipal corpo- ration of the County of Lamar, State of Texas, acting by and through its Mayor, George Fisher, Jr., duly authorized, for and in consideration of the sum of Ten and No/lOa Dollars ($10.00) cash and other good and valuable consideration, in cash, to us in hand paid by Sallie Fox Dooley the receipt and sufficiency of which is hereby acknowledged; haye Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey unto the said Sallie Fox Dooley of the County of Lamar, State of Texas all that certain tract or parcel of land situated in Lamar County, Texas, and described as follows: . Being a part of the Thomas Askins Survey; BEGINNING at a point on the center line of a proposes sewer line from the City of Paris to a sewage treatment plant known as the Camp Maxey Plant, said point being in the Thomas Askins Suryey and being South 29 Deg. 35 min West 1004.78 feet from the S. E. corner of Lot 11, same being the common southern corner of Lots 10 and 11 of the J. S. Booth Sub-division of the Worthington Survey. THENCE South 65 deg. 40 min. West 36.89 feet to a point for corner; THENCE South 24 deg. 20 min. East 73.79 feet to a point for corner; THENCE Nort~ 65 deg. 40 min. East 73.79 feet to a point for corner; THENCE North 24 deg. 20 min. West 7379 feet to a point for corner; THENCE South 65 deg. 40 min. West 36.89 feet to the place of beginning, and containing 0.125 acres of land, more or less. Being a part of" a 200 acre tract of land described in deed from W. D. McHam to George R. Hull, date July 1,1920, recorded in Book 224, Page 35, Lamar County Deed Records, which tract was devised to Mrs. Sallie Fox under the will of her mother, Mrs. Sarah A. Hull. Being the same property described in deed dated 31, 1952, of record in Deed Records, Lamar County, Texas. TO HAVE AND TO HOLD the above described premises, together with all and singular, the rights and appurtenances thereto in anywise belonging unto the said Sallie Fox Doo ley, her heirs and as signs forever; and it does hereby bind itself, its successors, executors and administrators, to Warrant and Forever Defend all and singular the said premises unto the said Sallie Fox Dooley, her heirs and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof. THE STATE OF TEXAS ~ COUNTY OF LAMAR ~ BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared George Fisher, Jr., Mayor, of City of Paris known to me to be the persons whose names are 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 18th day of May, A.D., 1985. Notary Public, State of Texas My commission expires: GENERAL WARRANTY DEED THE STATE OF TEXAS S COUNTY OF LAMAR KNOW ALL MEN BY THESE PRESENTS: S That We, B. FRANK DOOLEY, and wife, SALLIE FOX DOOLEY of the County of Lamar, State of Texas, as a gift and without the payment to us or either of us of any consid- eration whatever, do hereby GIVE, GRANT, CONVEY, DELIVER AND CONFIRM unto the CITY OF PARIS of the County of Lamar, State of Texas, subject only to the mineral reservation unto the said SALLIE FOX DOOLEY, as hereinafter set forth, all that certain tract or parcel of land situated in Lamar County, Texas, being the separate property of the said SALLIE FOX DOOLEY, and described as follows: Situated about 6\ miles North 07 degrees East from the City of Paris, Lamar County, Texas; being a part of the Thomas Askins Survey, Abstract No. 6; and being a part of a 220 acre tract described as 46th Tract in a Partition Deed from Estelle Council et al to Sarah A. Hull, dated March 7, 1934, recorded in Volume 221, Page 575, Lamar County Deed Records and being West of the SW corner of the Texas Power &' Light Co. tract recorded Volume 650, Page 877, Deed Records, Lamar County, Texas which is in the East Right of Way boundary line of U. S. Hwy 271. BEGINNING at an iron pin set for corner, said point being North 78 degrees 40 minutes 50 seconds East, 4173.2 feet from the present South- west corner of a 8.79 acre tract described as 3rd tract in a Deed' from Mattie Gordon to Sarah A. Hull, dated May 28, 1946, recorded in Volume 289, Page 397, Lamar County Deed Records; THENCE North 34 degrees 40 minutes West, 73.8 feet to an iron pin set for corner; THENCE North 55 degrees 20 minutes East, 73.8 feet to an iron pin set for corner; THENCE South 34 degrees 40 minutes East, 73.8 feet to an iron pin set for corner; THENCE South 55 degrees 20 minutes West, 36.9 feet to an iron pin set for corner at the center of a 15-ft. wide roadway easement; THENCE South 55 degrees 20 minutes West, 36.9 feet passing an iron pin set for terminus point of center line of 15 ft wide easement in all 73.8 feet to the place of beginning containing 5446.4 square feet of area. and, we do expressly declare that it is our purpose and intent to vest in grantee all of the incidents of absolute ownership in and to the property herein and hereby conveyed from this time forward, SAVE AND EXCEPT, HOWEVER, and there is hereby RESERVED unto the said SALLIE FOX DOOLEY, her heirs and assigns, forever, all oil, gas, other liquefiable and gaseous hydro- carbons and sulphur, in and under and that may be produced from the lands herein and herehv ponvpvpn TO its successors, and assigns forever; and we do hereby bind ourselves, our heirs, executors and administrators, to Warrant and Forever Defend all and singular the said prem- ises unto the said CITY OF PARIS, its successors, and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof, by, through or under us, but not otherwise. WITNESS our hands at Paris, Texas, this May, A.D. 1985. day of B. Frank Dooley Sallie Fox,Dooley THE STATE OF TEXAS COUNTY OF LAMAR ~ ~ BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared B. Frank Dooley and wife, Sallie Fox Dooley known to me to be the persons whose names are subscribed to the foregoing instru- ment, and acknowledged to me that they executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of May, A.D., 1985. Notary Public, State of Texas My commission expires: RIGHT-OF-WAY EASEMENT STATE OF TEXAS ~ COUNTY OF LAMAR ~ KNOW ALL MEN BY THESE PRESENTS: That we, B. FRANK DOOLEY and wife, SALLIE FOX DOOLEY, of Lamar County, Texas, for and in consideration of the sum of ONE DOLLAR ($1.00) cash, and other good and valuable consideration, 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 right-of-way easement described Tract One and a construction and access easement described Tract Two as follows: TRACT ONE: A 15 foot right-of-way easement whose center- line is described as follows: Situated about 6% miles North 07 degrees East from the City of Paris, Lamar County, Texas; being a part of the Thomas Askins Survey, Abstract No 6; being a part of an 8.79 acre tract described as 3rd tract in a deed from Mattie Gordon to Sarah A. Hull, dated May 28, 1946, recorded in Volume 289, Page 397, Lamar County Deed Records; and being a part of an 88% acre tract described as 47th tract and a part of a 220 acre tract described as 46th tract in a Partition Deed from Estelle Council et a1 to Sarah A. Hull, dated March 7, 1934, recorded in Volume 22l,Page 575, Lamar County Deed Records. BEGINNING at a point in the East boundary line of U. S. Highway No. 271, at the present Southwest corner of said 8.79 acre tract, thence North 06 degrees 58 minutes East, 126.8 feet to a concrete monument; and along a curve to the right having a radius of 11273.2 feet and a central angle of 02 degrees 44 minutes 30 seconds, a distance of 539.5 feet to an iron pin set for corner at the beginning point of said roadway easement centerline; said point being in the present West boundary line of said 8.79 acre tract; THENCE North 89 degrees 53 minutes East. 1124.3 feet to an iron pin set for corner; THENCE North 83 degrees 06 minutes East, 39.1 feet to an iron pin set for corner; THENCE North 49 degrees 11 minutes East, 36.7 feet to an iron pin set for corner; THENCE South 73 degrees 46 minutes East, 143.7 feet to an iron pin set for corner; THENCE South 85 degrees 41 minutes East, 94.6 feet to an iron pin set for corner; THENCE North 81 degrees 58 minutes East, 94.8 feet to an iron pin set for corner; THENCE North 76 degrees 12 minutes East, 572.3 feet to an iron pin set for corner; THENCE North 75 degrees 54 minutes East, 440.2 feet to an iron pin set for corner; THENCE North 74 degrees 33 minutes East 319.74 feet to the West boundary line of a 64.983 acre tract conyeyed to the City of Paris by deed recorded Vol. 673, Page 453, Deed Records, Lamar County, Texas, which point is South 35 degrees 40 minutes 56 seconds East from the Northwest corner of said 64.983 acre tract. TRACT TWO: Situated adjacent to the North Boundary line of Tract One described above; BEGINNING at a point which is 3932.13 feet South 86 degrees 13 minutes 45 seconds East from the Southwest corner of the tract of land conveyed Texas Power and Light Company by deed recorded volume 650, page 877, Deed Records, Lamar County, Texas; THENCE 46.06 feet above; THENCE North 75 degrees 54 minutes East, 39.41 feet to a point; THENCE North 74 degrees 33 minutes East, 39.08 feet to a point; THENCE North 34 degrees 40 minutes West, 72.76 feet to a point being the Southeast corner of the Master Lift Station Tract; THENCE South 55 degrees 20 minutes West, 73.8 feet with the South boundary line of said Master Lift Station Tract to the point of beginning, the same also being the Southwest corner of the Master Lift Station 5446.4 square foot tract, containing 4402.7 square feet. South 34 degrees 40 to a point in center minutes East, of Tract One The granting of Tract One above is conditioned on and subject to the City of Paris maintaining said easement with gravel or other surface preparation in order that the same will be passable for two wheel drive yehicles at all times. Said Easement to be graded as practicable in order that the same may be traversed by street yehicles. The granting of the easement to Tract One above is further limited that the same not be for public use and is for City of Paris, employ- TO HAVE AND TO HOLD the aboye 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 City of Paris facilities located thereon or accessable therethrough; provided that Grantee will, after doing any work in con- nection with the construction, reconstruction, relocating or maintenance of utilities or buildings or lift stations located thereon restore the surroundipg 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 proj ects to be located within the herein described easements, 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 permanently 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 May, 1985. B. Frank Dooley Sallie Fox Dooley STATE OF TEXAS ~ COUNTY OF LAMAR ~ BEFORE ME, the undersigned ,mr-hnr; hr f"'ln t-l...d co rl.....-u