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1998-040-RES WHEREAS, CITY COUNCIL DID HERETOFORE ON THE 5TH DAY RESOLUTION NO. 98-040 WHEREAS, the City Council of the City of Paris did heretofore, on the 5th day of November, 1987, by motion reflected in the minutes, approve the reduction of the right-of-way width of Paris Boulevard, between Church Street and 6th Street S.E., from eighty (80) feet to sixty (60) feet, retaining ten (10) feet for utility easement; and, WHEREAS, said sixty (60) foot right-of-way width can best be preserved as shown on Exhibit A, attached hereto, which produces a surplus of fifteen (15) feet on the north side of said right-of-way and a surplus of five (5) feet on the south side of the preserved right-of-way; and, WHEREAS, the City Engineer has determined that existing utilities are within the preserved right-of-way and, therefore, there is no need to retain a utility easement in addition to the preserved sixty (65) foot right-of-way; and, WHEREAS, the adjacent property owner on the north side of the preserved right-of-way of Paris Boulevard has requested to purchase the now surplus fifteen (15) feet north of the preserved right-of-way for fair market value as permitted by state law; and, WHEREAS, it is appropriate that the Mayor of the City of Paris be authorized to execute a special Warranty Deed in the form of Exhibit B, attached hereto, conveying the north fifteen (15) feet of the eighty (80) foot right-of-way of Paris Boulevard to Wall Concrete Pipe Company, Inc. or its successors or assigns; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the preparation of an ordinance reducing the right-of-way width of Paris Boulevard from eighty (80) feet to sixty (65) feet, leaving fifteen (15) feet of surplus property on the north side of said boulevard between the east boundary line of Church Street and the west boundary line of 6th Street S.E., save and except the eighty (80) foot width of 3rd Street S.E. at its intersection with the north side of Paris Boulevard, be, and the same is hereby, authorized; and, BE IT FURmER RESOLVED, that the conveyance of the most northerly fifteen (15) feet of said eighty (80) foot right-of-way to Wall Concrete Pipe Company, Inc., or its successors or assigns, for the payment of fair-market value for the same, be, and the same is hereby, approved; and, BE IT FURTHER RESOLVED, that the ten (10) foot utility easement directed in the minutes of the November 5, 1987, City Council meeting, be, and the same is hereby, found to be surplus, and it is directed that the same not be preserved; and, BE IT FURmER RESOLVED, that the Mayor, Eric S. Clifford, be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, a Special Warranty Deed conveying the most northerly fifteen (15) feet of said eighty (80) foot right-of-way to Wall Concrete Pipe Company, Inc., or its successors or assigns, under the terms and conditions and in the form shown in Exhibit B, attached hereto. PASSED AND ADOPTED this 23rd day of ~998. ~~ STATE OF TEXAS } } COUNTY OF LAMAR } KNOW ALL MEN BY THESE PRESENTS: That the CITY OF PARIS, PARIS, TEXAS, a municipal corporation of the County of Lamar, State of Texas, acting by and through its Mayor, Eric S. Clifford, duly authorized by Resolution No. 98-040, for and in consideration of the sum of Ten and no/100 Dollars ($10.00) cash and other good and valuable consideration, in cash, to it in hand paid by Wall Concrete Pipe Company, Inc., the receipt and sufficiency of which is hereby acknowledged; has Granted, Sold and Conveyed, and by these presents does Grant, Sell and Convey unto the said Wall Concrete Pipe Company, Inc. of the County of Lamar, State of Texas, whose mailing address is 1569 Church Street, Paris, Texas 75460, all that certain tract or parcel of land situated in Lamar County, Texas, and described as follows: SITUA TED within the corporate limits of the City of Paris, County of Lamar and State of Texas, a part of the twenty (20) foot Paris Boulevard right-of- way between Church Street and 6th Street S.E., closed by Ordinance No. 98-012, on March 23, 1998, and being more particularly described as follows: TRACT NO. ONE. BEGINNING at a point being the Southwest corner of Lot 7, Block 13 of the Texas & Pacific Addition, also being the East Boundary Line of Church Street; THENCE North 890 46' 32" East along the South Boundary Line of said Lot 7 and Lot 6 of said Block 13 a distance of 250 feet to the Southeast corner of said Lot 6, a point for corner, also being the West Boundary Line of 3rd Street S.E.; THENCE South a distance of 15 feet to a point for corner; THENCE South 890 46' 32" West a distance of 250 feet to the East Boundary Line of Church Street, to a point for corner; THENCE North a distance of 15 feet to the point of beginning and containing approximately 3,750 square feet of land. ~ BEGINNING at a point being the Southwest corner of Lot 7, Block 12 of the Texas & Pacific Addition, also being the East Boundary Line of 3rd Street S.E.; THENCE North 890 46' 32" East along the South Boundary Line of Lots 7 and 6 of said Block 12, Lots 7 and 6 of Block 1 1, and Lots 7 and 6 of Block 10, a distance of 885.00 feet to the Southeast corner of said Lot 6, Block to, to a point and assigns, to Warrant and Forever Defend all and singular the said premises unto the said Wall Concrete Pipe Company, Inc., its successors and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof, by, through or under it, but not otherwise. WITNESS its hand at Paris, Texas, this 23rd day of March, A.D. 1998. Eric S. Clifford, Mayor ATTEST: Mattie Cunningham, City Clerk THE STATE 0.' TEXAS ) ) COUNTY OF LAMAR ) BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared Eric S. Clifford, 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 therei n stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of March, 1998. Notary Public, State of Texas