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12 - Accepting Donation of Land immediately adjacent to the Lamar County Historical MuseumItem No. 12 TO: Mayor, Mayor Pro -Tem & City Council Grayson Path, City Manager FROM: Stephanie H. Harris, City Attorney SUBJECT: Resolution accepting donation of land immediately adjacent to the Lamar County Historical Museum DATE: June 13, 2022 BACKGROUND: The city owns the building which houses the Lamar County Historical Museum and has long leased the premises to the Lamar County Historical Society for that purpose. The land and the building were donated to the City for that purpose many years ago. When the land was donated, however, it was only for the exact footprint of the building. In other words, the city doesn't own any of the land surrounding the building, including the walkway up to the front door, meaning the building is landlocked. Whatever the purpose behind that limited donation, it has caused significant problems between the LCHS and the owners of Heritage Hall. In 2010, the city and the then -owner of Heritage Hall entered into a mutual access easement whereby they share the parking lot and there was access to the Museum building. Nonetheless, disputes continued to arise. STATUS OF ISSUE: Recently, in a three party transaction, a donor has bought property adjacent to Heritage Hall and given it to JoKyle Varner, the owner of Heritage Hall, in exchange for which Mr. Varner is donating certain property around the periphery of the Museum building to the city to provide additional access to the building and to allow a bathroom and the wooden "shop" building to remain adjacent to the building. Hopefully, this will put to rest once and for all the disputes between Heritage Hall and the LCHS regarding this area. BUDGET: N/A RECOMMENDATION: Approve a resolution accepting and approving the Special Warranty Deed granting to the city property adjacent to the Lamar County Historical Society Museum building. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS ACCEPTING THE DONATION OF CERTAIN REAL PROPERTY ADJACENT TO THE LAMAR COUNTY HISTORICAL MUSEUM BUILDING, PARIS, TEXAS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Paris owns a land and a certain building located adjacent to Heritage Park on the west and Heritage Hall on the east; and WHEREAS, the City has, for many years, leased said building to the Lamar County Historical Society which maintains the Lamar County Historical Museum ("the Museum") therein; and WHEREAS, the city's ownership of the land associated with the Museum building extends only to the footprint of the building itself; and WHEREAS, the City of Paris is in receipt of an offer of donation of property from Joseph K. Varner, as owner of certain property surrounding the Lamar County Historical Museum building as set forth in the warranty deed attached hereto as Exhibit A; and WHEREAS, the owner of said property has offered to donate the property to the City to allow expansion of the city's land ownership to better access the Museum; and WHEREAS, the City Council finds that it is in the best interest of the residents of Paris and the visitors to the city to acquire said property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, THAT: Section 1. The findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the donation of Joseph K. Varner of property by General Warranty Deed in the form attached hereto as Exhibit A, be, and the same is hereby, in all things accepted. Section 3. That this resolution shall be effective from and after its date of passage. Paula Portugal, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. SPECIAL WARRANTY DEED THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR THAT FULL HOUSE SOUND PRODUCTIONS, INC., A Texas Corporation, by and through its duly authorized President, Joseph K. Varner (herein called "grantor"), of the County of Collin, State of Texas, for and in consideration of the sum of Ten ($10.00) and more Dollars cash to me in hand paid by THE CITY OF PARIS, receipt of which in full is hereby acknowledged; have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey unto THE CITY OF PARIS (herein called "grantee"), of the County of Lamar, State of Texas, where its mailing address is P. O. Box 9037, Paris, Texas 75461-9037, all that certain tract or parcel of land in Lamar County, Texas described as follows: SEE EXHIBITI "A" ATTACHED. The conveyance evidenced by this deed is made subject to any and all easements, rights-of-way, restrictions, covenants, conditions and reservations of record applicable to the within described property or any part thereof. TO HAVE AND TO HOLD the within described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto THE CITY OF PARIS, its successors or assigns forever, and grantor hereby binds itself, its successors and assigns, to Warrant and Forever Defend, all and singular the within described property and premises unto THE 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 grantor herein, but not otherwise. WITNESS this ..____ day of „ ... 2022. FULL HOUSE SOUND PRODUCTIONS, INC., A Texas Corporation BY THE STATE OF TEXAS JOSEPH K. VARNER, President Duly Authorized ACKNOWLEDGMENT COUNTY OF LAMAR ) THIS instrument was acknowledged before me on the _ day of May, 2022, by JOSEPH K. VARNER, in the capacity therein stated. Notary Public, State of Texas AFTER RECORDING RETURN TO; PREPARED IN THE LAW OFFICE OF: The City of Paris Casey Gain, Attorney P. O. Box 9037 c/oThe Moore Law Firm, L.L.P. Paris, Texas 75461-9037 100 N. Main St., Paris, TX 75460-4222 CI'n1 OF PARIS RP Vol 9m. PG ZKR CALLED 4.029 ACRES Z S('AIY,'. I' -XX' GAP qCkl 1:1 Pon/ [NELSON Irm; Y 1wbL;&1 i FALL IKRKIi CCH 126720-2015 CALLED 0.849 ACRE' SAVE & EXCEPT 0.1" ACRF A7 10.50 ims -X- 1'40.67 PASS FC S 97-42 O2' W ".27 K°CIRS a ILMI W, CALLED 4.020 ACRES ASA JARMAN SURVEY LEGEND CIRS CAPP.O IRON ROD 50' A479 • rutr CAPPED IRON Ron FOUND a IRF IRONROD FTHO A PC CHAIN :.(NK GATE POST .1. XAND IOLHCUrINCONCREI+. COR BRICKBUILDINGCORNER COR CO , N UOLLINOmomumpwr ' INFORMATION 014 MONUMFITr (1r4 COUNTY CLERK'S DOCUMENT NUMBER 97.56-48" E 17-114' W ALL. REAL PROPERTY RECORDS Nfg-08'32"F 26.26' N COR POIVT 0% SOUTH FACt Of LA AR COUNTY, TEXAS 7 `AT LW PASS EXISTING PROPERTY LINE SAVE AND uxcur0.i6bo ACRETRAct PT SAVE & EXCEPT ROCK I GRAVFA ARIA 0.1660 ACRE FULL HOUSE SOHN D PRODUCTIONS. 1w, li CC- 129726-2015 CALLE01.1111ACRES AVE&EXCEPT 0.166 ACRE CITY OF PARIS P VDI, 90 1. PH ZM, rWCIRS rX, CIRS 1 7°1TIR" 1'40.67 PASS FC S 97-42 O2' W ".27 K°CIRS a ILMI W, CALLED 4.020 ACRES ASA JARMAN SURVEY LEGEND CIRS CAPP.O IRON ROD 50' A479 • rutr CAPPED IRON Ron FOUND a IRF IRONROD FTHO A PC CHAIN :.(NK GATE POST .1. XAND IOLHCUrINCONCREI+. COR BRICKBUILDINGCORNER (CMI CO , N UOLLINOmomumpwr jxxKj INFORMATION 014 MONUMFITr (1r4 COUNTY CLERK'S DOCUMENT NUMBER Rp REAL PROPERTY RECORDS Poll POINI"OFFIEGINNING LA AR COUNTY, TEXAS CHAIN LINK FENCE — — — — EXISTING PROPERTY LINE SAVE AND uxcur0.i6bo ACRETRAct CONCRLIV. ROCK I GRAVFA ARIA 1. KEVIN K. Wi11-111Y, REGISTERED PROFESSIONAL LAND SURVEYOR FOR THESTATISOFTEXAS. RPLS N5892. UO IIEREUY CERTIFYTHAT71111 FLAT SHOWN HEREIN REPRESENTS AN ACTUAL ON -THE -GROUND SURVEY CONDUCTED BY ME. COMPLETED ON MARCH 04. 7D22 "a"amm" NOTES CITY OF PARIS 1. HEARING R THE TRACT OF LAM) FOEXAS HEREPTAHEREON 11 IS NAD IENCE N OWN T TSTATE PL&%T-. 0.0937 ACRE COORDINAlB SYSTEM 4ONV420Z. (0.2597 AC SAVE & 3. A TWO PADA MITIS AND HDUNM DESCRIPTION ACCOMPANIES THIS PIAT. EXCEPTO.1660AC) 3.11115 ORIGINAL PLA r IS ON AN I VX 17- SWEVSHEEI CITY OF PARIS 4. RODS SHOWN ASK CIRS HAVE BLUE PLASTIC CAPS LA AR COUNTY, TEXAS SIAMPED9WHITLEVRIP155992 MARCH 2022 S. THE TRACT OF IAND SHOWN HEREON DOI,,9 NOT HAVE DIRECT ACCUS TO PUFH.1(7 RIGI IT OF WAY. "a"amm" Metes and Bounds Description 0.0937 Acre (0.2597 Ac save & except 0.1660 Ac) March 2022 Being 0.0937 acre of land, situated within the corporate limits of the City of Paris, being a part of the Asa Jarman Survey, Abstract Number 479 and being part of a called 0.683 acre (0.849 Acre save & except 0.166 acre) tract of land conveyed from James Justin Keenum to Full House Sound Productions, Inc. on October 30, 2015 by Warranty Deed recorded in Lamar County Clerk's Document Number 12870-2015. The said 0.0937 acre tract fully described by metes and bounds as follows: Beginning at a '/2 inch capped [Nelson] iron rod found (Controlling Monument, hereafter referred to as CM) at the Southwest corner of the aforementioned Full House Sound Productions tract and at an inner corner of a called 4.028 Acre tract of land conveyed from William deG Hayden and wife Elizabeth D. Hayden to the City of Paris on July 21, 1999 by General Warranty Deed recorded in Volume 900, Page 288 of the Real Property Records of Lamar County, Texas; Thence North 02°00'26" West, along the West boundary line of the aforementioned Full House Sound Productions tract, a distance of 137.16 feet to an X with a hole drilled in concrete, and from said X another X with hole drilled in concrete at the Northwest corner of said Full House Sound Productions bears North 02°00'26" West, a distance of 147.89 feet; Thence North 88°16'05" East, a distance of 36.79 feet to an X with hole drilled in concrete; Thence South 01°51'28" East, at a distance of 10.50 feet passing an X with hole drilled in concrete and continuing on for a total distance of 10.89 feet to the North face of a brick wall; Thence North 88°08'32" East, along the North face of a brick wall, a distance of 26.26 feet to a corner at the intersection of a North-South running brick wall; Thence South 01°55'57" East, a distance of 1.11 feet to the South face of a brick wall and the North line of a metal building being the North line of the aforementioned called 0.166 acre save & except (City of Paris) tract; Thence North 87°56'48" East, along the South face of a brick wall, a distance of 17.04 feet to a point on the South face of said brick wall; Thence South 01°50'21" East, at a distance of 1.00 feet passing a %2 inch capped iron rod set as witness and continuing on for a total distance of 79.73 feet to a '/z inch capped iron rod set; Thence North 87°27' 18" East a distance of 19.37 feet to a''/2 inch capped iron rod set; Thence South 02°05'42" East at a distance of 40.67 feet passing a chain link gate post, and continuing on for a total distance of 44.88 feet to a''/2 in capped iron rod set for corner in the South boundary line of the aforementioned Full House Sound Productions tract, and from said rod a % inch iron rod found (CM) at the Southeast corner of said Full House Sound Productions tract bears North 87142'02" East a distance of 30.44 feet; Thence South 87°42'02" West, along the South boundary line of the aforementioned Full House Sound Productions tract and the Easternmost North boundary line of the aforementioned called 4.028 acre tract, a distance of 99.27 feet to the Place of Beginning containing 0.2597 Acre, SAVE & EXCEPT the following described 0.1660 acre tract conveyed to the City of Paris by William deG Hayden and Elizabeth Hayden on May 11, 1999 by Correction au-)" PAGE TWO OF THREE aN01NE9RIN0 b"1141 6ia.u'dN' Q61t.18.k�Ct4le:Ci.lP.4: `n 4445 SE Loop 286 1 Paris, TX 754601 P 903.785.03031 TxSury F-10026600 Warranty Deed recorded in Volume 881, Page 260 of the Real Property Records of Lamar County, Texas (referred to as 0.166 Acre save & except tract in the aforementioned Full House Sound Productions deed); Beginning at a metal building corner located North 69°50'58" East a distance of 14.45 feet from the aforementioned V2 inch capped [Nelson] iron rod found at the Southwest comer of the aforementioned Full House Sound Productions tract; wall; Thence North 01 °50'59" West, along a metal building line, a distance of 120.38 feet to a metal building corner' Thence North 87°56'48" East, a distance of 60.00 feet to a metal building comer on the South face of a brick Thence South 01°50'21" East, along a metal building line, a distance of 120.79 feet to a metal building comer; Thence South 88°20'16" West, along a metal building line, passing through a metal building addition and continuing on for a total distance of 59.98 feet to the beginning point of said SAVE and EXCEPT tract containing .01660 acre of land leaving a net acreage of 0.0937 acre of land. NOTES 1. The Reference Bearing for the land described hereon is NAD 1983 Texas State Plane Coordinate System Zone 4202. 2. A one page 11 "x 17" plat that shows the tract of land described herein accompanies this metes and bounds description and should be considered as a part of this document as it contains additional information. 3. Boundary monuments called as V2 inch capped iron rod set are V2 inch diameter iron rods with a Blue plastic cap stamped K WHITLEY RPLS 5892. 4. The tract of land described herein does not have direct access to public right of way. 1, KEVIN K. WHITLEY, REGISTERED PROFESSIONAL LAND SURVEYOR, #5892, STATE OF TEXAS, DO HEREBY CERTIFY THAT THE ABOVE DESCRIPTION 1S TAKEN FROM MEASUREMENTS MADE UPON THE GROUND AND WAS COMPLETED ON MARCH 04, 2022. KEVIN K. WHITtk� RPLS . m DATE P�Ga F�� �KEVINK. WHITLEY 4 HA,ITER PAGE THREE OF THREE E N G 1 N E E R I N G .ICvjI 1111B'raiti;1,I0CIUIL' 4445 SE loop 2861 Paris, TX 754601 P 903.785.03031 TxSury F-10028600