09 - Wood Lift Station EasementItem No. 9
TO: Mayor
Mayor Pro Tem
City Council
FROM: Robert G. Vine, Assistant City Manager
SUBJECT: Woodard Lift Station Easement
DATE: January 9, 2023
BACKGROUND: In March of this 2022, staff met with Secretary of the Greater Paris
Development Foundation, Pat Bassano, and Don Biard, attorney working with this organization,
to discuss plans to close a "3 -mile Gap" in the Northeast Texas Trail between 4t" Street SW and
County Road 22500 just south of Kimberly-Clark. During this meeting, the option of including a
lift station road, (Woodard's Lift Station), owned and maintained by the City, located north of
Orange Street and just west of 4t" Street SW as part of the trail was considered as an option. The
road is approximately .35 miles long and dead ends at the Woodard's Lift Station. On October 10,
2022, City Council provided staff direction to draft an agreement between the City and The Greater
Paris Development Foundation regarding the shared use of the Woodard's Lift Station road to
bring before the Council at a future meeting for consideration.
STATUS OF ISSUE: Staff has drafted an agreement which includes an easement in favor
of the Greater Paris Development Foundation in the vicinity of the Woodard Lift Station for the
purpose of extending the Northeast Texas Trail. This agreement has been reviewed and approved
by the Greater Paris Development Foundation and is being presented to the City Council for
consideration.
BUDGET: This item will have zero impact on the budget.
OPTIONS: 1. Approve an easement in favor of the Greater Paris Development Foundation in
the vicinity of the Woodard Lift Station for the extension of the Northeast Texas
Trail.
2. Reject the easement proposal.
RECOMMENDATION: Staff recommends approval of an easement in favor of the Greater Paris
Development Foundation in the vicinity of the Woodard Lift Station for the extension of the
Northeast Texas Trail.
Easement in Gross Agreement
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.
Date: January , 2023
Grantor: City of Paris, Texas, a Texas Home Rule Municipality
Grantee: Greater Paris Development Foundation, a Texas Non -Profit Corporation
Easement Property: See Exhibit "A" attached hereto
Easement Purpose: For the construction, operation, maintenance, and repair of a pedestrian and
bicycle trail to provide access, ingress, and egress for public pedestrian and bicycle traffic
over and across the easement property to be used in connection with the larger public trail
commonly known as the "Northeast Texas Trail".
Consideration: Good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged by Grantor.
Grant of Easement: Grantor, for the Consideration and subject to the Reservations from
Conveyance and Exceptions to Warranty, grants, sells, and conveys to Grantee and
Grantee's heirs, successors, and assigns an easement over, on, and across the Easement
Property for the Easement Purpose, together with all and singular the rights and
appurtenances thereto in any way belonging (collectively, the "Easement"), to have and
to hold the Easement to Grantee and Grantee's heirs, successors, and assigns forever. All
warranties that might arise by common law and the warranties in Section 5.023 of the
Texas Property Code (or its successor) are excluded.
Terms and Conditions: The following terms and conditions apply to the Easement granted by this
agreement:
1. Character of Easement. The Easement and related rights granted by Grantor in
this agreement to Grantee are a nonexclusive and irrevocable easement in gross for the benefit of
Grantee and its successors and assigns, as owner of the rights created by the Easement in gross,
and is exclusive and irrevocable (as applicable, the "Holder"). The Easement and related rights
granted by Grantor in this agreement are binding on Grantor, its heirs, legal representatives,
successors, and assigns, on all future owners of the Easement Property. This Easement and other
rights granted by Grantor in this agreement are independent of any lands or estates of interest in
lands; there is no other real property benefitting from the Easement granted in this agreement.
Provided, however, that Grantor retains the nonexclusive right of access, ingress, and egress over
and across the easement property for such purposes as may be desired by Grantor.
2. Assignment. Grantee may assign, sublease, license, transfer, or convey its
interest in this agreement or any part of its interest in the Easement subject to Grantor's written
consent, provided that the assignee or transferee shall be subject to all of the obligations,
covenants, and conditions applicable to Grantee; notwithstanding the foregoing, the only use to
which the Easement Property may ever be put is that those set forth in the paragraph entitled
"Easement Purpose" hereinabove.
3. Duration of Easement. The duration of the Easement is perpetual.
4. Improvement and Maintenance of Easement Property. Construction and
maintenance on the Easement Property for the Easement Purposes will be at the sole expense of
Holder. Holder has the right to eliminate any encroachments into the Easement Property
that interfere with the Easement Purpose subject to the trior written ai)roval of the Grantee.
Holder must maintain the Easement Property in a neat and clean condition. Holder has the right
to construct, install, maintain, replace, and remove any public trail subsequently built on, under,
or across any portion of the Easement Property. All matters concerning the public trail and its
configuration, construction, installation, maintenance, replacement, and removal are at Holder's
sole discretion, subject to performance of Holder's obligations under this agreement. Holder has
the right to remove or relocate any fences within the Easement Property or along or near its
boundary lines if reasonably necessary to construct, install, maintain, replace, or remove the
public trail, subject to replacement of the fences to their original condition on the completion of
the work.
5. Equitable Rights of Enforcement. This Easement may be enforced by restraining
orders and injunctions (temporary or permanent) prohibiting interference and commanding
compliance. Restraining orders and injunctions will be obtainable on proof of the existence of
interference or threatened interference, without the necessity of proof of inadequacy of legal
remedies or irreparable harm, and will be obtainable only by the parties to or those benefited by
this agreement; provided, however, that the act of obtaining an injunction or restraining order
will not be deemed to be an election of remedies or a waiver of any other rights or remedies
available at law or in equity.
6. Binding Effect. This agreement binds, benefits, and may be enforced by the
parties and their respective heirs, successors, and permitted assigns.
7. Choice of Law. This agreement will be construed under the laws of the state of
Texas, without regard to choice -of -law rules of any jurisdiction. Venue is in the county or
counties in which the Easement Property is located.
8. Counterparts. This agreement may be executed in multiple counterparts. All
counterparts taken together constitute this agreement.
9. Waiver of Default. A default is not waived if the non -defaulting party fails to
declare default immediately or delays in taking any action with respect to the default. Pursuit of
any remedies set forth in this agreement does not preclude pursuit of other remedies in this
agreement or provided by law.
10. Further Assurances. Each signatory party agrees to execute and deliver any
additional documents and instruments and to perform any additional acts necessary or
appropriate to perform the terms, provisions, and conditions of this agreement and all
transactions contemplated by this agreement.
11. Survival. The obligations of the parties in this agreement that cannot be or were
not performed before termination of this agreement survive termination of this agreement.
12. Entire Agreement. This agreement and any exhibits are the entire agreement of
the parties concerning the Easement Property and the grant of the Easement by Grantor to
Grantee. There are no representations, agreements, warranties, or promises, and neither party is
relying on any statements or representations of the other party or any agent of the other party,
that are not expressly set forth in this agreement and any exhibits.
13. Legal Construction. If any provision in this agreement is unenforceable, to the
extent the unenforceability does not destroy the basis of the bargain among the parties, the
unenforceability will not affect any other provision hereof, and this agreement will be construed
as if the unenforceable provision had never been a part of the agreement. Whenever context
requires, the singular will include the plural and neuter include the masculine or feminine gender,
and vice versa. This agreement will not be construed more or less favorably between the parties
by reason of authorship or origin of language.
14. Notices. Any notice required or permitted under this agreement must be in
writing. Any notice required by this agreement will be deemed to be given (whether received or
not) the earlier of receipt or three business days after being deposited with the United States
Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the
intended recipient at the address shown in this agreement. Notice may also be given by regular
mail, personal delivery, courier delivery, or e-mail and will be effective when received. Any
address for notice may be changed by written notice given as provided herein.
City of Paris, Texas
By:
THE STATE OF TEXAS
COUNTY OF LAMAR '
BEFORE ME, the undersigned authority, a Notary Public in and for said County and
State, on this day personally appeared _(name),
(title), of the City of Paris, Texas, known to me to be the
person whose name is subscribed to the foregoing instrument, and acknowledged to me that he
executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the ...... __.... day of
, 2022.
NOTARY PUBLIC, STATE OF TEXAS
EMBIT "A"
Situated within the Corporate Limits of the City of Paris, County of
Lamar, and State of Texas, a part of the Larkin Rattan Survey /778 and
the Ana Jarman Survey #479, and being a 30 ft. strip of land conveyed to
the Texas Midland Railroad and now owned by Southern Pacific
Transportation Company.
Beginning at a point for corner in the North Boundary Line of said
Company at the'Centerline of 4th Street S. W. (50 ft. wide).
Thence South 896 40' West along the North Boundary Line said Company a
distance of'1867.T ft. to an iron pin for corner;
Thence South 0" 20' East a distance of 30 ft. to an iron pin for corner
in the South Boundary Line of said Company at the Northwest corner of a
0.161 acre tract of land now owned by the City of Paris;
Thence North 890 40, East along the South Boundary Line of said Company
at 74 ft, passing the Northeast corner of said 0.161 acro tract and
continaing on a total distance of 1868.2
ft. to
soint for corner orner
in the
Centerline of.4th Street S. W.;
Thence North i• 171 West along said Centerline A distance of 30 ft. to
the place of beginning and containing 1.206 acres of land, more or lose.
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