1985-075-RES WHEREAS, the City Council of the City of Paris did at its regular council meeting on February 11, 1985,
RESOLUTION NO. 85-075
WHEREAS, the City Council of the City of Paris did at
its regular council meeting on February 11, 1985, award the
bid to Harrison, Walker & Harper, Inc., for refurbishing of
the stone Peristyle located in Bywaters Park, Paris, Texas;
and,
WHEREAS, said proj ect was duly completed and applica-
tion for grant assistance in the form of a Texas Historical
Preservation Grant Assistance has been made to the Texas
Historical Commission of the State of Texas; and,
WHEREAS, one of the requirements for procurement of
such assistance is that certain covenants, conditions and
restrictions be placed upon the real property to run with
said land for historical preservation, and such covenants,
conditions and restrictions are contained in Exhibit A
attached hereto; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, That, the covenants, conditions and restrictions
attached hereto as Exhibit A, be, and the same are hereby
approved; and,
BE IT FURTHER RESOLVED, 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
restrictive covenants and conditions in the form of Exhibit
A attached hereto.
Passed and adopted this 9th day of September, 1985.
~ if~flJ
e r~her, Jr. ,~ayor
ATTEST:
~~,:" >~""'~fl'C\.~
Mattie Cunnlngham, Clt~ er
APPROVED AS TO FORM:
City Attorney
DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS
STATE OF TEXAS s
s
COUNTY OF LAMAR ~
WHEREAS, the City of Paris, Paris, Texas, hereinafter
called the Declarant, is the owner of all that certain real
property located within the corporate limits of the City of
Paris, County of Lamar, State of Texas, described as
follows:
City Block 179, known as Bywaters Park and more
particularly described as follows:
Situated in Lamar County, Texas, within the
corporate limits of the City of Paris, and a part of
the Larkin Rattan Headright Survey, and Beginning at a
stake, same being the intersection of the E.B. line of
South Main Street, and the N.B. line of Sherman Street;
THENCE North with the E. B. line of South Main
Street Four Hundred and Thirty-Two and One-Half (432\)
feet, more or less, to the S.W. corner of a lot owned
by the Gibraltar Life Insurance Company.
THENCE South with the S.B. line of said Lot, Two
Hundred and Sixteen (216) feet, more or less, to the
W.B. line of South 21st Street.
THENCE South l-lith the W.B. line of South 21st
Street, and the continuation thereof, Four Hundred and
Thirty-Two and One-Half (432%) feet, more or less, to
the N.B. line of Sherman Street.
THENCE East with the N.B. line of Sherman Street,
Two Hundred and Sixteen (216) feet, more or less, to
the place of beginning.
WHEREAS, the Declarant as a condition of grant from the
State of Texas, Declarant is required and does desire to
place a protective covenant upon .the above described
property; and
WHEREAS, the Declarant desires that said covenant be
enforceable by the citizens of Paris, the City of Paris, or
the State of Texas;
NOW, THEREFORE, it is hereby declared that all of the
property described above shall be held, sold, and conveyed
subj ect to the following restrictions, covenants and con-
ditions, which are for the purpose of protecting the
historical interest of the citizens of Paris, the City of
Paris, and the State of Texas, the consideration for which
is a Texas Historical Preservation Grant Assistance and the
protection of said historical interest, and which shall run
with. the real property and shall be binding on all parties
ARTICLE ONE
DEFINITIONS
1.01. Owner. Owner shall refer to the record
owner, whether one or more persons or entities, of the fee
simple title to the above described property, but excluding
those having such interest merely as security for the
performance of an obligation.
1.02. Property Property shall refer to that
certain real property hereinbefore described.
1.03. End Date The End Date is established as
January 1, 1995.
1.04. Declarant. Declarant shall refer to the City
of Paris, Paris, Texas, its successors and assigns.
ARTICLE TWO
11AINTENANCE
2.01. Maintenance. As a condition for receipt of
Texas Historical Preservation Grant Assistance, the
Declarant agrees, and therefore binds any and all successors
in interest, to assume the cost of continued maintenance of
the property in the state of repair and condition as at the
time of completion of the grant assisted work, which was
July I, 1985, until January I, 1995, which is the End Date
for this restriction.
ARTICLE THREE
PUBLIC ACCESS
3.01. Public Access. Until the End Date the
Declarant and anv and all successors in interest further
agree to maintai~ the above described property open to the
public no less than 365 days a year with the right being
retained in Declarant to permit exclusive use of portions of
the property for short periods of time in order to promote
exhibitions, productions and entertainment for the public.
ARTICLE FOUR
REVIEW AND ENFORCEMENT
4.01. Review and Enforcement.. Until the End Date
the Declarant and any and all successors in interest further
agree to deliver to the Texas Historical Commission for
review and approval the construction plans and specifica-
tions for any proposed changes to the property along with 8
inch by 10 inch black and white photographs of the area to
be affected. Such plans and specifications for proposed
changes must be delivered to the Texas Historical Commission
at least 60 days in advance of the proposed changes, and the
proposed changes must conform to the Secretary of Interior's
"Standards for Historical Preservation Proj ects, 1979," as
administered by the State Historical _ Preservation_ Officer.
enforce, by any proceeding at law or in equity, all
restrictions, conditions, and reservations herein imposed by
the provisions of this Declaration. Failure to enforce any
covenant or restriction herein contained shall in no event
be deemed a waiver of the right to do so thereafter.
5.02. Severability. Invalidation of anyone of
these covenants or restrictions by judgment or order issued
by a court or administrative agency competent jurisdiction
shall in no way affect any other provision, and all other
provisions shall remain in full force and effect.
5.03, Duration and Amendment. The covenants,
conditions, and restrictions of this Declaration shall run
with and bind the land, and shall inure to the benefit of,
and be enforceable by, the Declarant, citizens of Paris,
Texas, and the State of Texas, and their respective legal
representatives, successors, and assigns, and, unless
amended as provided herein, shall be effective until the End
Date herein established as January 1, 1995. The covenants,
conditions, and restrictions of this Declaration may be
amended during the period hereof by an instrument signed by
the Mayor of the City of Paris, authorized by Resolution of
the City Council of the City of Paris, and the State of
Texas, by a representative so authorized. No amendment
shall be effective until recorded in the Deed Records of
Lamar County, Texas, nor until the approval of any govern-
mental regulatory body which is required shall have been
obtained.
Executed
authorized for
1985.
by the Mayor of the
said Declarant, this
City of Paris duly
day of September,
DECLARANT
CITY OF PARIS, PARIS, TEXAS
George Fisher, Jr" Mayor
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
T. K. Haynes, City Attorney