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1994-040-RES WHEREAS, the City Council of the City of Paris did in Resolution 031 prematurely accepted a Utility and RESOLUTION NO. 94-040 WHEREAS, the City Council of the City of Paris did in Resolution No. 94- 031 prematurely accepted a Utility and Drainage Easement in the form of Exhibit A attached hereto; and, WHEREAS, the City Council of the City of Paris is now in receipt of a drainage and utility easement from Lamar National Bank conveying a part of Lot 17- B, City Block 249, located south of the intersection of Lamar Avenue and Collegiate Drive on the west side of Collegiate Drive; and, WHEREAS, the City Council finds that the above described drainage and utility easement is necessary to serve the apartment complex under construction across Collegiate Drive from said Lot 17-B, and the same should be accepted; NOW, THERE}-'ORE, BE IT RESOLVED BY THE CITY COUNCIL O}' THE CITY OF PARIS, that the drainage and utility easement, in the form attached hereto as Exhibit A, on Lot 17-B, City Block 249, from Lamar National Bank be, and is hereby accepted. PASSED AND ADOPTED this 25th day of April, 1994. ATTEST: ~}:t~\~ Matting Cunningham, City C UTILITY AND DRAINAGE EASEMENT STATE OF TEXAS } COUNTY O~' LAMAR } KNOW ALL MEN BY THESE PRESENTS: That the LAMAR NATIONAL BANK, by and through its President, J. B. Bankhead, duly authorized, of Lamar County, Texas, for and in consideration of the sum of ONE DOLLAR ($1.00) cash, and other good and valuable consideration, to it in hand paid by the CITY OF PARIS, Paris, Texas, the receipt and sufficiency of which is hereby acknowledged, does hereby sell, give and grant unto the said CITY OF PARIS, a municipal corporation, of Lamar County, Texas, a utility and drainage easement described as follows: SITU A TED within the corporate limits of the City of Paris, County of Lamar and State of Texas, a part of the George W. Cox Survey #164, and being a part of a 3.028 acre tract of land described as Tract One in deed to Lamar National Bank, recorded in Volume 634, Page 630, Deed Records, Lamar County, Texas, and being more particularly described as follows: BEGINNING at an iron pin for corner at the most easterly Southeast corner of said Lamar National Bank tract of land, and said point being in the West Boundary Line of Collegiate Drive; THENCE North a distance of 10 feet along the west boundary line of Collegiate Drive to a point for corner; THENCE West a distance of 168.65 feet to a point for corner; THENCE South a distance of 10 feet to a point for corner; THENCE East passing the northeast corner of Lot 17-A, City Block 249 at approximately 29.88 feet in all a distance of 168.65 feet to the place of beginning, containing 0.04 acres of land. TO HAVE AND TO HOLD the above property unto the CITY OF PARIS for the purposes aforesaid, with the right and privilege at any and all times to enter said premises, or any part thereof, and maintaining any and all utilities and drainage facilities placed therein; provided that Grantee will, after doing any work in connection with the construction, reconstruction, relocating or maintenance of said utilities and drainage facilities, restore the surface to the condition to which said surface was found when such work was undertaken insofar as permitted under the plans and specifications approved for projects to be located within the herein described easement, and that in WITNESS our hands this 31st day of March, 1994. A TIEST: QMAJ&IAJ/L~ Pamela Christian, Cashier STATE OF TEXAS } COUNTY OF LAMAR } LAMAR NATIONAL BANK BEFORE ME, the undersigned authority, on this day personally appeared J. B. BANKHEAD, President, Lamar National Bank, 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. d GIVEN UNDER MY HAND AND SEAL OF OFFICE this&ll day of~~h, 1994. I / <J j ." ..,/ ('" ! Clr( t{ <~:J "'ULI Notary Public, State of Texa5'~) Printed name;l) J N PI{ ;5 1'1:/ [) boo.~mmission Expires: / / / 1/9 r! LINDA S. REiD NOTARY PUBLIC STATE OF TEXAS My Comm. Exp. 1.11.97