07-K Utility Easement Abandonment
DRAFT
fattomeylreswork\current\24th St. Drainage - Easement Abandonment - Smallwood Res
December 9,2005
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, AUTHORIZING THE EXECUTION OF UTILITY
EASEMENT ABANDONMENT TO THE PROPERTY OWNER OF LOTS 1,
2, & 3, BLOCK A OF WOOD CASTLE ADDITION TO THE CITY OF PARIS
IN CONSIDERATION FORA DRAINAGE EASEMENT NEEDED FOR THE
24TH STREET, LAMAR AVENUE, WADE PARK DRAINAGE PROJECT;
MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, it has been called to the attention of the City Council of the City of Paris
that there are utility easements upon Lots 1, 2, and 3, Block A of the W oodcastle Addition to
the City of Paris that are of no use to the City of Paris and its citizens; and,
WHEREAS, the owner of said property, Glen A. Smallwood has requested that these
utility easements upon his property be abandoned as a consideration to his conveying a drainage
easement to the City of Paris for the 24th Street, Lamar Avenue, Wade Park Drainage Project;
and,
WHEREAS, it is deemed appropriate that the City's interest in said utility easements be
conveyed to the property owner of said property and the same should be approved; NOW,
THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS:
Section 1. That the findings set out in the preamble to this resolution are hereby in all
things approved.
Section 2. That the Mayor of the City of Paris, be, and he is hereby, authorized and
directed to execute, on behalf of the City of Paris, a Utility Easement Abandonment conveying
to the owner the utility easements upon Lots 1, 2, and 3, Block A of the W oodcastle Addition
to the City of Paris being the same utility easements described on plat recorded November 21,
1969 in Envelope 193-C of the Lamar County Plat Records, it appearing that the real and true
owner of the heretofore described lots is Glen A. Smallwood.
Section 3. That the abandonment of said utility easements is conditioned upon Glen A.
Smallwood's execution of the necessary drainage easement needed for the 24th Street, Lamar
Avenue, Wade Park Drainage Project.
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Section 4. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this 12th day of December, 2005.
Curtis Fendley, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
John D. Lestock, Assistant City Attorney
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UTILITY EASEMENT ABANDONMENT
STATE OF TEXAS
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KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR
That the City of Paris, Paris, Texas a municipal corporation of the County
of Lamar, State of Texas, acting by and through its Mayor, duly authorized by
Resolution No. 2005-_, for and in consideration of the sum ofTen and nollOO
Dollars ($10.00) cash and other good and valuable consideration, in cash, to it in
hand paid by Glen A. Smallwood the receipt and sufficiency of which is hereby
acknowledged; has Abandoned, Sold and Conveyed, and by these presents does
Abandon, Sell and Convey unto the said Glen A. Smallwood of the County of
Lamar, State of Texas, whose mailing address is 2585 Simpson, Paris, Texas 75460,
the City of Paris' interest in utility easements on Lots 1, 2, and 3, Block A, of
W oodcastle Addition to the City of Paris as shown on Plat of said W oodcastle
Addition, approved by City Council on November 17th 1969 and recorded
November 21, 1969 in Envelope 193-C of the Plat Records of Lamar County,
Texas" and described as follows:
SITUATED within the corporate limits of the City of Paris, County
of Lamar and State of Texas, a part of the George W. Cox Survey,
AbstractNo. 164, and being part of Lots 1,2,and 3, of Block A of the
W oodcastle Addition to the City of Paris, and being abandoned utility
easements as described in Plat of W oodcastle Addition, recorded
November 21, 1969, in Envelope 193-C of the Lamar County Plat
Records, and being the same utility easements described in City of
Paris Resolution No. 2005-_, approving the abandonment of said
utility easements and being more particularly described in Exhibit A
attached hereto and made a part thereof.
TO HA VE AND TO HOLD the above described utility easements unto Glen
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A. Smallwood for the purposes aforesaid, together with all and singular, the rights
and appurtenances thereto in anywise belonging unto the said CITY OF PARIS, its
successors and assigns forever. This abandonment and conveyance of above
described utility easements shall be without warranty of any kind, whether express
or implied.
WITNESS its hand at Paris, Texas, this 12th day of December, A.D. 2005.
Curtis Fendley, Mayor
ATTEST:
Janice Ellis, City Clerk
THE ST ATE OF TEXAS }
COUNTY OF LAMAR }
BEFORE ME, the undersigned authority, in and for said County, Texas, on
this day personally appeared Curtis Fendley, Mayor of the City of Paris, 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 and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 12th day of
December, 2005.
Notary Public, State of Texas
RETURN TO:
Glen A. Smallwood
2585 Simpson
Paris, TX 75460
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N 01'13' 52HW
15,00
BEGINNING AT A POINT S 88.33'06" W AT A
DISTANCE OF 7'-6" FROM THE SOUTHEAST CORNER
OF BLOCK A LOT 2 AND THE SOUTHWEST CORNER
OF BLOCK A LOT 3 OF THE WOODCASTLE ADDITION
FILED IN ENVELOPE NUMBER 193-C OF THE L.C.P.R.
THENCE NORTH 01.13'52" WEST A DISTANCE OF
117.50 FEET TO A POINT;
THENCE SOUTH 88'33'06" WEST A DISTANCE OF
57.50 FEET TO A POINT;
THENCE NORTH 01.13'52" WEST A DISTANCE OF
15.00 FEET TO A POINT;
THENCE NORTH 88.33'06" EAST A DISTANCE OF
98.98 FEET TO A POINT;
THENCE SOUTH 30.40'56" EAST A DISTANCE OF
17.19 FEET TO A POINT;
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CULBERTSON ST.
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THENCE SOUTH 88.33'06" WEST A DISTANCE OF
34.93 FEET TO A POINT;
THENCE SOUTH 01.13'52" EAST A DISTANCE OF
117.50 FEET TO A POINT;
THENCE SOUTH 88.33'06" WEST A DISTANCE OF
15.00 FEET TO THE PLACE OF BEGINNING AND
CONTAINING 0.0760 ACRES OF LAND.
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SIMPSON ST.
EXHIBIT .A.
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UTILITY EASEMENT ABANDONMENT
WOODCASTLE ADDITION
BLOCK A LOTS 1-3
SCALE: 111=50'
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