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03-E Off-Site Drainage Easements Signature Senior Living DRAFT FA TTORNEY\RESWORKICURRENTI Assignment of Signature Easements Res September 6, 2006 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND ACCEPTING THE ASSIGNMENT OF TWO OFF-SITE DRAINAGE EASEMENTS FROM HCRI TEXAS PROPERTIES, LTD FOR THE SIGNATURE SENIOR LIVING DEVELOPMENT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Engineer of the City of Paris has determined the need for two separate off site drainage easements to complete the final plat for the Signature Senior Living Development; and, WHEREAS, the Drainage Easement and the Drainage and Grading Easements were conveyed to both the City of Paris and HCR! Texas Properties, Ltd. and it is necessary that said easements be assigned from HCRI Texas Properties, Ltd to the City of Paris; and, WHEREAS, HCR! Texas Properties, Ltd. has furnished the City of Paris with the Assignment of Drainage Easement and the Assignment of Drainage and Grading Easement and the same should be accepted; 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 of this resolution are hereby in all things approved. Section 2. That the Assignment of Drainage Easement and the Assignment of Drainage and Grading Easement from HCR! Texas Properties, Ltd., be, and the same are hereby, approved and accepted. Section 3. 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, the Assignments in the form of Exhibits A and B, attached hereto. Section 4. That this resolution shall be effective from and after the date of passage. f'""-O' I 08/15/2006 15:03 FAX 419 241 1965 SLK TOLEDO III 002/005 ASSIGNMENT OF DRAINAGE EASEMENT COUNTY OF LUCAS ) ) ) ss: STATE OF OHIO KNOW ALL MEN BY THESE PRESENTS: NOTICE OF CONFIDENTIALITY RIGHTS; IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. That HCRI Texas Properties, Ltd, ("Grantor") does hereby grant, sell, and convey its right, title and interest in and to the following described easement to the City of Paris, a municipal corporation of Lamar County, Texas, subject only to the right of Grantor and its successors and assigns to utilize the easement by draining water from the tract of Grantor,its successors and assigns, through use of the easement, recorded as: Document 00033958, Book OR, Volume 1703, Page 267, et seq. HCRI TEXAS PROPERTIES, LTD. by: Health Care REIT, Inc. General Partner l~ by: ~A,O- Attest: ~ 1I:IURc.-.a ......YQ. -.......- ~ ...~~ ~C.ru:.:1,r.: :\~.'~tl:!i'(fmi 'f:'IJ.iE1;J~~J~:;~~ . ~; ~,:~~~~~~'f~ . '...., _',": " I, ' ," I," _ . 'i:"~.. .,.,.._-~""" ......... A. (*In- VIa .nIIUlDn' AQ~ CITY OF PARIS Attest: by: EXHIBIT A. r' 08/15/2006 15:03 FAX 419 241 1965 SLK TOLEDO ~ 003/005 STATE OF OHIO ) ) ) ss: COUNT( OF LUCAS This instrument was acknowledged before me on this ;5" day of August, 2006 by MICHAElA. CRAIm& I the of Health Care REIT, Inc. as the General Partner of HeRI Texas Pro~, a Texas limited partnership, on behalf of the partnership. ~' ()~ 4: Notary PubiU 1~ My appointment expires: l~.~~iAL~ f' . '. t RITA J. ROGGE ! i NoIa'Y Public. staiB ol Ohio \ III . f My Commission ~plllls Oi-2B-2010 \,~ ~o/ .... 1E Of o~... ..._~... ............,.. STATE OF TEXAS COUNTY OF LAMAR ) ) ) 5S: This instrument was acknowledged before me on this the day of August, 2006 by of City of Paris, Texas. Notary Public My appointment expires: j-.' . ,,-' ." . Bk 00033958 OR Vol. 1.703 F'g 267 DRAINAGE EASEMENT STATE OF TEXAS J COUNTY OF LAMAR } KNOW ALL MEN BY THESE PRESENTS: NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS; YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. THAT SALLY H. McCOY, HARPER SIX FAMILY LIMITED PARTNERSHIP, THE DONALD GRANT WILSON 1998 TRUST, THE HOUSTON GREGORY WILSON 1998 TRUST, HOUSTON DAVID HARRISON, DONALD G. WILSON, and BARBARA H. WILSON, Lamar County, Texas, (collectively referred to as Grantor) for and in consideration of the sum of 'I'EN DOLLARS ($10.00) cash, and other good and valuable consideration, to it and them in hand paid by HCRI TEXAS PROPERTIES, LTD. and the CITY OF PARIS, Paris, Texas, the receipt and SUffiCiency of which is hereby acknowledged, does hereby sell, give and grant unto the said HeR! TEXAS PROPERTIES, LTD. and the CITY OF PARIS, TEXAS, a municipal corporation, of Lamar County, Texas, (collectively referred to as Grantee) a perpetual drainage easement described as follows: Being over and across a portion of that certain tractor parcel of land situated within the corporate limits the City of Paris, County of Lamar and State of Texas, a part of the Hiram Williams Survey, Abstract No. 1003, said tract of land being a part of a 73.53 acre tract of land described in a deed to Sally H. McCoy, Harper Six Family Limited Partnership, The Drainage Easement Page 1 EXHIBIT .A ,I ro" , ,0: 000339!58 Bt< OR Vo1 1.703 Ps 268 Donald Grant Wilson 1998 Trust, The Houston Gregory Wilson 1998 Trust, Houston David Harrison, Donald G. Wilson, and Barbara H. Wilson, recorded in Volume 1037, Page 183, of the Lamar County Real Property Records, the easement being more particularly described on Exhibit "A" attached hereto and made a part hereof for all necessary purposes. TO HAVE AND TO HOLD the above property unto HCRI TEXAS PROPERTIES, LTD. a~d the CITY OF PARIS, TEXAS, their successors and assigns forever, for the purposes aforesaid, with the right and privilege at Clny and all times to enter said premises, or any part thereof, and construct, reconstruct, relocate, inspect, and maintain any and all drainage facilities placed or to be placed therein; provided that Grantee will, after doing any work in connection with the construction, reconstruction, relocation, inspection, or maintenance of said drainage facilities, restore the surface to the condition in which said surface was found when such work was undertaken, insofar as permitted under the plans, standards, and specifications approved for projects to be located within the herein described easement, and that in the use of said rights and privileges herein granted, the Grantee will not create a nuisance tor do any act that will. be detrimental to said premises; and provided further, that the Grantor shall not erect or place any building, tree or o"ther permanent structure on the above described perpetual easement and shall not otherwise use the above described premises in a way that will interfere with the Drainage Easement Page 2 'i' I. Bk 00033958 OR VOL 1. 7r:.....3 Ps ~7'::l utilities placed therein. construction, maintenance, repair, inspection, or operation of the person whomsoever lawfully claiming or to claim the same or any CITY OF PARIS, TEXAS, their successors and assigns, against every singular, said premises unto HeRI TEXAS PROPERTIES, LTD and the successors, and assigns, to warrant and forever defend, all and Grantor does hereby bind themselves and their heirs, part hereOf, by through Or under Grantor, but not otherwise. WITNESS our hands this ~~ day of ~())4.N-htr ,2005. SALLY H. McCOY HARPER SIX FAMILY LIMITED PARTNERSHIP BY: HARPER GP, INC., Its General Partner BY~ 7h:Ma:;=/ SUSAN M. HARPER, Its . Presiden-t THE DONALD GRANT WILSON 1998 TRUST Drainage Page 3 " B/< 00033958 OR Vo) P9 :J.703 269 against every person whomsoever lawfully Claiming or to claim the same or any part hereof, by through or under Grantor, but not otherwise. WITNESS our hands this ~l9..v-' day of jJQ.)~ ,2005. ~/,i(~~ - HARPER SIX FAMILY LIMITED PARTNERSHIP BY: HARPER GP, INC., Its General Partner BY: SUSAN M, HARPER, Its President THE DONALD GRANT WILSON 1998 TRUST BY; DONALD GRANT WILSON, Trustee THE HOUSTON GREGORY WILSON 1998 TRUST BY: HOUSTON GREGORY WILSON, Trustee Drainage Page 3 I r'-" . ", ',,)0033958 St< OR Ps ::?'7 1. Vol 1.703 HOUSTON DAVID HARRISON' DONALD G. WILSON BARBARA H. WILSON STATE OF TgXAS * * COUNTY OF LI4-^,,~ * This instrument was acknowledged before me on this day of MOV6m46A/ , 2005, by SALLY H. McCOY c2;l. .vI) STATE OF TEXAS * * e'-::i:.~ J. SUZANNE. CRAWFORD "\.~.:. MYCOAll.llS8K)N EllPIAal ..... . ".,..~,2QO$ COUNTY OF * This instrument was acknowledged before me on this day of . 2005, by SUSAN M. HARPER, President of HARPER GP, INC. ,General Partner of HARPER SIX FAMILY LIMITED PARTNERSHIP, on behalf of said entity. STATE OP TEXAS * Notary Public, State of Texas * COUNTY OF * This instrument was acknowledged before me on this day of , 2005, by DONALD GRANT WILSON, Trustee of Drainage, Page 4 .. ro" " 00033958 Bk OR Vol :t '703 PSI 272 THE HOUSTON GREGORY WILSON 1998 TRUST BY'~~s.",. ~ HOOS ON G Y WILSON, Trustee r~d;t1 ~~'ht~ /~ STON DAVID BAR ~~olk ~~ BARBARA H. WILSON STATE OF TEXAS '* * COUNTY OF '* This instrument was acknowledged before me on this day of , 2005., by SALLY H. McCOY STATE OF TEXAS '* Notary PUblic, State of Texas * COUNTY OF '* This instrument was acknowledged before me on this ~ day of ~~~~t~ , 2005, by SUSAN M. HARPER, President of HARPE.R. G.. P, INC., G.eneral Partner ~Of BAR -x..jFAMILY LIMITED PARTNERSHIP, on behalf of said enti . " '-"~''''''''-'-'''--'--''''...........,..-. 1 '.. .'.. ...,~ Will BIA;~~i ., - ,State of Texas ." ,~"." \ No!OIY PubliO ; ,::. ,',.V;) Slale of 19= ( \~~",~''"-:::.'7 C~,,"T1Il1, Exp!(99 Q4.1'a~C.I.,~ '<..........'~.;.......------ ~ J1....~~~ Drainage Page 4 " Bk 00033958 OR Vo1 1.703 Ps 273 STATE OF TEXAS COUNTY OF (b//t/1 '* .. .. Th~i instrument was acknowledged before me on this ~/ day of _1fJL/! IYJMr , 2005, by DONALD GRANT WILSON, Trustee of THE DON GRANT WILSON 1998 TRUST. ~~ OIIC~G$ My~r.OfT._ ~ on~s IIIbet II. 2001 STATE OF TEXAS .. .. COUNTY 9F l+~.4-'" .. ThiR instrument was acknowledged before me on this .?-.tr day of !/rJ\JQ,rt\'--. , 2005, by HOUSTON GREGORY WILSON, Trustee of the HOUSTON GREGORY WILSON 1998 TRUST. '...-.........,."..-...........'...--........-....",....--.'1 ~ :: "{~:,/<'i.;~ WiLt aU>:':D ~ ~ . '~Ji,:) No:ary I'ub'lc I } \.'\C~: SfoleofTexas ~l . l.C, state of Texas f ~t;~1' Cc.mr.-"1. Expi:es 04-1'7.~:::!. ~r _ .. .......... ffl~ 'I'-/tJV j) STATE OF ~ .. .. COUNTY OF H4ei=o/t.J) .. '"') J ,tv This instrument was aCknowledged before me on this 0< day of NCviEl1~c~ , 2005, by HOUSTON DAVID HARRISON. [1.\,,\\\11111111111111 ~'iI~~EN C ,,~ ~~~~......~!!~ j.-~.... .....~\ ~'~Y~OTAR JI:'( % =*: -ooc- :*= %~\ PUOUC /<:J$ %~.... ....,'::::f ~",:;<'o.~"', ...... V..' "/~III:;'~,t(/~;:~ ~~:~$'" ~/tZZ~ e. !5I;J Notary Public, State of ~ !11PltAAW KATIlLEI!lIl C.crzC:L NotOty Publi~. ;:.la!:il of iI'~~1l!d My COllltlll$sion &P)r.r.: Juno 1. 2009 Drainage Page 5 r.. . .~. .:'. . Bk 00033958 OR Va:!. 1703 Pso 274 STATE OF TEXAS * * COUNTY OF l,+"".;+(\. * This instrument was acknowledged before me on this ~~ day of f}tJU.elVl b~ . 2005, by DONALD G. WILSON. . ' ~. .-:,\ YiiLL SfAr<D i '; ,:': ':.) Nolal V Public I , ": . "'1/" Slale 01 Texas J ' ',-' --.- -~.~ .... :'.,' ~:: ,>, '-'~'T.m, f;:p'~... 01,-17,2006 . , .......~"""~-._._ .i __ STATE OF TEXAS * * COUNTY OF J.-.+fV'.A-fI...... * This instrument day of 11c(l(l""k...... was acknowledged before me on this ~.t;. , 2005, by BARBARA H. WILSON. ~T_. .~) WILL llIARD-''''- ~ . ':. '>.,."). UOfcny PlJb!ic ! ; ".:'__:~~., Slew, or r~xas .. ..': ct'r.o",>. 8cp.'as04-1/-'~""^ I ,~.. ..----- .~~.::1 it ~ ~ 5l' if [ .. "" .... to n ! f~ f !e. ~ .. ~ .~ j O'Q:'O.a= ~z:- ~ <'>0 Drainage ;::;~~ if i'" - '" s::o <Jl :;-Pf II) ... Page 6 I ;: ::. SJ ... ~ :: ~. ~ ~ ~ ~ W ." 8 00 ~ r' I w. LAWRENCE EVANS, P.C. Attorney at LaW 933 W. Main, P.O. Box 151 Denison, Texas 75020 00033958 Bk OR pg 275 Vo1 1703 Drainage Easement Page 7 r'.' .~. .: :' ':<e ~I'- O-N EX\-\\8\\ A 1<') c. .-ll' o,..! ::> ~) ![) 0- 1<1 M o c. .:J Field Notes . Offsite Easement No.1 prainage EaseJl).ent Situated within the Corporate Limits of the City of Paris, Lamar County, Texa.'l, a part of the Hiram Williams Survey, Abstract 1003, also ~ing a p,art o~ a.73.53 acre ~ct of land described in a deed to Sally H. McCoy, Harper SIX Fanuly Limited Partnership, The Donald Grant Wilson 1998 Trust, The Houston Gregory Wilson 1998 Trust, Houston David Harrison, Donald G. Wilson, and Barbara H. Wilson, recorded in Volume 1037, Page 183, of the Lamar County Real Property Records, and being further described as followS: ("! .:to Cil Beginning at a point in the East Boundary Line of Collegiate Drive, said pointbeirig located South 290 25' 3D" West a distance of 293.06 feet from the Southwest corner of a 0.432 acre tract of land previQuslyconveyed out of said 75.53 acre tract and described in a dcedto Jon Landers recorded in Volume 1373, Page 119, of the Lamar County Real Property Records; South 680 52' 38" East a distance of 20.87 feet to a poiDt for corner, said point being in a curve to the right having a radius of 1009.93 feet; Thence around said curve to the right, long chord bears South 380 57'23" West a distance of 48.0 1 feet, an arc distance of 48.0 1 feet to II pOint for corner; Thence South400 19' 06" West a distance of 180.32 feet to a point fot comer; TheIlce North 49" 50' 54" West a distance of 20.00 feet to a point for comer in the East Boundary Line of Collegiate Drive; Thence North 400 19' 06" East with said East Boundary Line a distance of 180.32 feet to a point for comer at the beginning. of a curve to the left having a radius of 989.93 ~et; . Thence, continuing with said F.-ast Boundary Line and around said curve to the right, long chord bears North 39007' 40" East a distance of 41.14 feet, an arc distance of 41.14 feet to the place of beginning, and containing 4497.936 square feet ofland. r 08/15/2006 15:03 FAX 419 241 1965 SLK TOLEDO I4l 004/005 ASSIGNMENT OF DRAINAGE AND GRADING EASEMENT STATE OF OHIO COUNTY OF LUCAS ) ) ) 5S: KNOW ALL MEN BY THESE PRESENTS: NOTICE OF CONFIDENTIALITY RIGHTS; IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. That HeR I Texas Properties, Ltd, ("Grantorl!) does hereby grant, sell, and convey its right, title and interest in and to the following described easement to the City of Paris, a municipal corporation of Lamar County, Texas, subject only to the right of Grantor and its successors and assigns to utilize the easement by draining water from the tract of Grantor, its successors and assigns. through use of the easement, recorded as: Document 00033959, Book OR, Volume 1703, Page 277, et seq. HCRI TEXAS PROPERTIES, LTD. by: Health Care REIT, Inc. General Partner Attest: ..c.~ _WI$ ... ~ dD~tII[:IIIlUilIr ~'l~ ~1C.~'JJI, ':&'~'~~\,I~i:4't~~E-77- j..r;.tZ~~ '-:,...~, ;:"J-~~ . ..__:~~~':'~:;;~'~7::::: by:~A~~ ~. &.~I va IIlI/III'JIaIIT AR8~ CITY OF PARIS Attest: by: EXHIBIT .a. r" 08/15/2006 15:03 FAX 419 241 1965 SLK TOLEDO I4J 005/005 STATE OF OHIO ) ) ) 55: COUNTY OF LUCAS This instrument was acknowledged before me on this J~ day of August, 2006 by MICHAELA. CRABTREe the YIClI:~. of Health Care , .ttIB~~ REIT, Inc. as the General Partner of HeRI Texas Properties, td, a Texas limited partnership, on behalf of the partnership. My appointment expires: STATE OF TEXAS COUNTY OF LAMAR ) ) ) S5: This instrument was acknowledged before me on this the day of August, 2006 by of City of Paris, Texas. Notary Public My appointment expires: r" '. . l ;",. :. Bk CI003~~9~;9 OR Vol. Pa 1.7()~?; 2"77 DRAINAGE AND GRADING EASEMENT STATE OF TEXAS} COUNTY OF LAMAR} NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWINGINFORMA.TION FROM THISlNSTRUMENT BEFORE IT ISFIT.ED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE l\"UMBER. KNOW ALL MEN BY THESE PRESENTS; THAT SALLY H. McCOY, HARPER SIX FAMILY LIMITED PARTNERSHIP, THE DONALD GRANT WILSON 1998 TRUST, THE HOUSTON GREGORY WILSON 1998 TRUST, HOUSTON DAVID HARRISON, DONALD G. WILSON, and BARBARA H, WILSON, lamar County, Texas, (hereinafter referred to as Grantor) for and in consideration of the sum ofTEN DOLLARS ($10.00) cash, and other good and valuable consideration, to it and them in hand paid by HCRI TEXAS PROPERTIES. LTD. and the CITY OF PARIS, Paris. Texas, the receipt and sufficiency of which is hereby acknowledged, does he~by sell, give and grant unto the said HCRI TEXAS PROPERTIES, L TO. and the CITY OF PARIS, TEXAS, a municipal corporation, of Lamar County, Texas, . (hereinafter COllectively referred to as Grantee) a perpetual drainage and grading easement described as follows: Being over and across a portion of that certain tract or parcel of land situated within " the corporate limits the City of Paris, County of Lamar and State of Texas, a part of the Hiram Williams Survey, Abstract No. 1003, said tract of land being a part ofs. 73.53 acre tract of land described in a deed to Sally H. McCoy, Harper Six Family Limited Partnership, The Donald Grant Wilson 1998 Trust, The Houston Gregory Wilson 1998 Trust. Houston David Harrison, Donald G. Wilson. and Barbara H. Wilson, recorded in Volume 1037, Page 183, of the Lamar County Real Property Drain<'lge and Grading Easement Page 1 of 6 Pages EXHIBIT A t r i:' ." '- ',I '0' Bf< OR Vo1 :L7Cl3 Ps 2.78 {,)0033959 Records, the easement being more particularly described on Exhibit fiN attached hereto and made a part hereof for all necessary purposes. TO HAVE AND TO HOLD the above property unto HeRI TEXAS PROPERTIES, LTD. and the CITY OF PARIS, TEXAS, their successors and assigns forever, for the purposes aforesaid, with the right and privilege at any and all times to enter said premises, or any part thereof, and construct, reconstruct, relocate, inspect, and maintain any and all drainage facilities placed or to be placed therein; provided that Grantee will, after doing any work in connection with the construction, reconstruction, relocation, inspection. or maintenance of said drainage facilities, restore the surface to the condition in which said surface was found when such work was undertaken; insofar as permitted under the plans, standards, and specifications approved for projects to be located within the herein described easement, and' that in the use ofsaid rights and privileges herein granted, the Grantee will not create a nuisance nOr do any act that will be detrimental to said premises; and provided further, that the Grantor shall not erect or place any building, tree or other permanent structure on the above described perpetual easement and shall not otherwise use the above described premises in a way that will Interfere with the construction, maintenance. repair, inspection, or operation of the utilities placed therein. Grantor does hereby bind themselves and their heirs. successors, and assigns, to warrant and forever defend, all and singular. said premises unto HCRr TEXAS PROPERTIES. LTD and the CITY OF PARIS, TEXAS, their successors and assigns. against every person whomsoever lawfully claiming or to claim the same or any part Drainage and Grading Easement Page 2 of 6 Pages I~ . .,.. 0":"33':--5959 Bk OR Ps 279 Va:!. :l";:>()3 hereof, by, through or under Grantor, but not otherwise. WITNESS our hands this a{J~ day of tJOJ~ . 2005, ~//6~ [Y'ff cCOY . HARPER SIX FAMILY LIMITED PARTNERSHIP BY: HARPER GP, INC., Its General Partner BY: SUSAN M. HARPER. Its President THE DONALD GRANT WILSON 1998 TRUST BY: -DONALD GRANT WILSON, Trustee THE HOUSTON GREGORY WILSON 1998 TRUST BY: HOUSTON GREGORY WILSON, Trustee HOUSTON DAVID HARRISON Drainage and Grading Easement Page 3 of 6 Pages r" .. . .. ~ Ch:u:)33959 Sk OR p~" 2S:l VoJ. :t.70:"'!: hereof, by, through or under Grantor, but not otherwise. WITNESS our hands this ~~ day of ~Dvu--bu- . 2005. SALLY H. McCOY HARPER SIX FAMILY LIMITED PARTNERSHIP BY: HARPER GP, INC., Its General Partner BY~,.ryvm .~ SUSAN M. HARPER,.ts . President THE DONAlD GRANT WILSON 1998 TRUST THE HOUSTON GREGORY WILSON 1998 TRUST BY: ~.l~ \"t"EG HOUSTON EGORY Wll'SON. Trustee HOUSTON DAVID HARRISON Drainage and Grading Easement Page 3 of 6 Pages r" Bk 00033959 OR V€::l1 Ps 1703 282 hereof, by, through or under Grantor, but not otherwise. WITNESS our hands this day of ,2005. SALLY H. McCOY HARPER SIX FAMILY LIMITED PARTNERSHIP BY: HARPER GP, INC., Its General Partner BY: SUSAN M. HARPER, Its President THE DONALD GRANT WILSON 1998 TRUST BY: DONALD GRANT WILSON. Trustee THE HOUSTON GREGORY WILSON 1998 TRUST BY: HOUSTON GREGORY WILSON, Trustee d.M1~UfiM~ HOUSTON DAVID HAR ISON Drainage and Grading Easement Page 3 of 6 Pages r' BI-< OOQ33959 OR Vol. :/.703 p~ .280 DONALD G. WILSON BARBARA H. WILSON STATE OF TEXAS * * COUNTY OF L/l.rnttttJ * This instrument day of NOVbm46d was acknowledged before me on this :2:J.. "'.,>> , 2005, by ~L' Me:. // / 1fo~~L:; Texas eJ.SUZANNE CRAWFORD .i'jii. MYCXlIMSSION ElCPIllI!S ., . ...22._ STATE OF TEXAS * * COUNTY OF * This instrument was acknowledged before me on this day of , 2005, by SUSAN M. HARPER, President of HARPER GP, INC., General Partner of HARPER SIX FAMILY LIMITED PARTNERSHIP, on behalf of said enti.ty. Notary Public, State of Texas STATE OF TEXAS * * COUNTY OF * This instrument was acknowledged before me on this day of , JOOS,by DONALD GRANT WILSON, Trustee of THE DONALD GRANT WILSON 19.98 TRUST. Drainage and Grading Easement Page 4 of 6 Pages "" [ f !!' ~ ." ~ ~ ~ ~-[ 9- ;' w g .... ~ '" ...,~ ~ ..... ;, S!8'f .~ ~ ~"" !If ,~ ill -~ !l! .. ~ .~ (l~ '" ... " ;;. ... ~ = i e ~ ~ '" ~ * ~ ~ "'" r" . " ~ ..". 00':133959 Bk OR Pa 2a~:; Vol. 1703 ~$l~- DONALD G. WILSON ' ~ )/f-1/t/~ BARBARA H. WILSON STATE OF TEXAS .. .. COUNTY OF .. This instrument was acknowledged before me on this day of , 2005, by SALLy H. McCOY Notary Public, State of Texas STATE OF TEXAS .. .. COUNTY OF k,m "'A.. .. Thi~_inst:sument was aCknowledged before me on this ~ day of W-fle,...blA.... , 2005, by SUS:AN M. HARPER, President of HARPER GP, INC., General Partner of HARPER SIX FAMILY LIMITED PARTNERS*:rP.;-"-eft"'~~"f''O:fsaid enti~tY' .:... .. :... ....<'\ W,l.L E,,>,;,;) j~.. . " ":.r ~\ ' Noiory PuOtc :!i :;,;'y,l SIOlaOfT~"O$. . f . . ':;L~""""".~.,.~ No '<Y Public. Stat. of Tex.. STATE OF TEXAS .. .. COUNTY OF Couh.j * This instryment was acknowledged before me on this -;;!.~ of ..bI~~ , 2005, by DONALD GRANT WILSON, Trustee of DONALD GRANT WILSON 1998 TRUST, day THE Drainage and Grading Easement Page 4 of 6 Pages ,...... . . IRINT~ ~ '- NoIlIy PuIlIIlI.. sw. '91 ... .'I8lcl18lcas. . My~ ~~~,,~7 STATE OF TEXAS * * COUNTY OF I*",~ * This irtstrument was acknowledged before me on this ;<4 day of ~II#"'J...... ' 2005, by HOUSTON GREGORY WILSON, Trustee of the HOUSTON GREGORY WILSON 1998 TRUST. .-- .' .-.-~.-........---.................,-,.:...."..,.-.-.,.. '." .::.:<~;;. 'li,t.t ali~~\0 :~~ :'<;j*1(p.~' N::i'ory FIi.;;;l:;: t :: ,- ~ ..l"," ,.. ,,,,...-- """ i : "':~\f'" ~ S.OiO o~ t~...,s. \ l' '<:.~ eomNl. &pir08S C4-1 T.?.~rg.-, \......,.~...,.. ___~,_,.l: STATE OF TEXAS * * COUNTY OF * This instrument was acknowledged before me on this day of ' 2005, by HOUSTON DAVID HARRISON. Notary Public, State of Texas STATE OF TEXAS * Bk 00033959 OR Vol. :1.703 PSI 284 * COUNTY OF h",-tr^- * Drainage and Grading Easement Page 5 of 6 PageS r-"~' . . I .: Bk 00033959 OR VoJ. 1703 ?s 286 Notary Public, State of Texas STATE OF TEXAS '" '" COUNTY OF '" This instrument ...,as acknowledged before me on this day of , 2005, by HOUSTON GREGORY WILSON, Trustee of the HOUSTON GREGORY WILSON 1998 TRUST. Notary Public, State of Texas m~ 1'-'9 IV i> STATE OF ~ * * COUNTY OF I+III:FOU * This instrument was acknowledged before me on this ;<3 ~ day of AJlll/cMt>EL ,2005, by HOUSTON DAVID HARRISON. 1\,,\"\lUIltfr~ ~~~~\t!.9.~!~~ *~~ "'~' l~/~ 0 T Ail ,;.{ % 5 : __. ....- ~*= -*. .........-- . - %~\ PODl\V /~~ ~~.. ,."~-~ ~ '9""" ...~,~ ~ ,.0;',.... ""\'.;~ ~"'l '"It) CQ'U\ \",,,, ~111//1II1111I\\\\ ~~ e. I'Ll Notary Public, ~ of 'Fe:tEal;;. ffl.eyu..uJ:> KA1lfLEEN c. ETZEL ~ry public. Slate of Marytand My ComnUslon Expires:Jl/ne I. 2009 STATE OF TEXAS '" COUNTY OF '" Drainage and Grading Easement Page 5 of 6 Pages' f"' .". .' . This in~trument was acknowledged before me en this ~ day of /}bv~,..,~", , 200$, by DONALD G. WILSON. &C~e of Texa. .:.:;:~J cc~,J!i~;d%~~~:.~;c.:v f -....,..'....-~_-.~~~~..I..,.V"__. STATE OF TEXAS * * COUNTY OF L.t-.....~ * Th~ instrument was acknowledged before me on this c;-t;. day of -e~L , 2005, by ~.!''-WILS~ - -,---:,::::""- ~ Public, State of N~';~:y ;;..j~~.;:;'- ) ,._~:::>~~2::~:~~~~~1~~~:?2:~~~:..: Texas Bk 1301333959 OR Vol. 1703 Ps 285 Drainage and Grading Easement Page 6 of 6 Pages f, ."" ,. . ~ . . . . Bk 00033959 OR Vol. Pw 1.703 287 Field i-[otes Offsitel~aseme.nt No.2 Drainage & C'ltading Easement Situated within tbe COrporate Limits of the Gity of Paris, Lamar County, Texas, a part of !he Hiram Williams Survey. Abstract 1003, also being a pm of a 73.53 aCre tract of land described in a deed to Sally H. McCoy, Harper Six Family Limited Partnership, The Donald Grant Wilson 1998 Trust, The HoUSton GregOl}' WilSon 1998 Trust; Houston David Harrison, Donald G. Wilson, and Barbara H. Wilson, recorded in Volume J 037, Page 183, of the Lamar County Real Property Records, and being further described as foUows: Beginning at a point at the Southeast comer of a 0.432 acre tract ofland previously conveyed out of said 75.53 acre tract and desCribed in a deed to Jon Landers recorded in Volume.! 373, Page 119, of the Lamar COUllty RealProperty Records; Thence North ISO 14' 36" East a distance of l76.34 feet to a point for corner; Thence South 740 45' 24" East a distance of20.00 feet to a point fo! comer; Thence South 150 14' 36" West a distarice of 165.35 feet to a point for corner; Thence South 400 32' 59" East a distance of 6.30 feet to a point for comer; Thence South 68<> 5 I' 20" East a distance of 53.24 feet to a point fOt comer; Thence South 234 49' 31" East a distance of 11.31 feet to a point for comer; Thence South 684 51' 20" Bast a distance of 183.98 feet to a point for comer; Thence South a distance 0[2.14 feette a point for comer; Thence North 680 51' 20" West 8. distance of270.30 feetto the place of beginning, and containing 4551. 7~2 square feet of land EXHiBiT A r~