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2006-121-RES-Easement from HCRI Texas Properties RESOLUTION NO. 2006-121 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 HCR! 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. PASSED AND APPROVED this 11th day of September, 2006. ;&ti./ /117.~L'7 Richard Manning, Mayor ATTEST: APPROVED AS TO FORM: ~ rOo D. Lestock, Assistant City Attorney 08/15/2006 15:03 FAX 419 241 1965 SLK TOLEDO I4J 0021005 ASSIGNMENT OF DRAINAGE EASEMENT STATE OF OHIO ) ) S5: COUNTY OF LUCAS ) 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 HeRI Texas Properties I LId, C1Grantor") 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~. HCRI TEXAS PROPERTIES, LTD. by: Health Care REIT, Inc. General Partner l~ by: ~A,?L ~ Attest: tmc.... -YQ........ ~. ...---~ ~t.;Lij,t: ;\~, ).'tBV~LJlJEj;!H:)c;~'" ~; :.t~B~~ill:'~, \. ,..:':\:: ;,:.2\~~;~~:.. . /1'" ICI:IIlI4. A. CiUI. VIa IIlIIIIIM' .&RD~ CITY OF PARIS by: Attest: EXHIBIT A. 08/15/2006 15:03 FAX 419 241 1965 SLK TOLEDO 141 003/005 COUNTY OF LUCAS ) ) ) ss: STATE OF OHIO This instrument was acknowledged before me on this /5" day of August, 2006 by MICHAELA. CRAmeE I the of Health Care REIT, Inc. as the General Partner of HeRI Texas Pro~, a Texas limited partnership, on behalf of the partnership. N~~ffA My appointment expires: STATE OF TEXAS ) ) 55: COUNTY OF LAMAR ) This instrument was acknowledged before me on this the day of August, 2006 by of City of Paris, Texas. Notary Public My appointment expires: :....:. o ,t ( 00 ", f . . Bk 00033958 OR Vol F's 1703 267 DRAINAGE EASEMENT STATE OF TEXAS J COUNTY OF LAMAR J 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 TIDS INSTRUMENT BEFORE IT IS FILED FORRECo.RD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. THAT SALL'{ H. McCOY, HARPER SIX FAMILY LIMITED PARTNERSHI P, 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 'r'EN DOLLARS ($10.00) cash, and other good and valuable consideration, to it and them in hand paid by HeRr 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 CrTY 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 "-/ .. t ": ~ , " . Bk 000339!58 OR Vol P9 1703 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 HeRI TEXAS PROPERTIES, LTD. a~d the CITY OF PARIS, TEXAS, their successors and assigns forever, for the purposes aforesaidt with the right and privilege at any and all times to enter said premises( or any part thereof, and constructt reconstructt relocatet inspect, and maintain any and all drainage facilities placed or to be placed thereini provided that Grantee will, after doing any work in connection with the construction, reconstruction, relocation, inspection, or maintenance of said drainage facilitiest 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 grantedt 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 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 Drainage Easement Page 2 " . " . . I: . . Bk 00033958 OR Vol Ps 1. 7(.13 27,) utilities placed therein. construction, maintenance, repair, inspection, or operation of the Grantor does hereby bind themselves and their heirs, successors, and assigns, to warrant and forever defend, all and singular, said premises unto HeRI TEXAS PROPERTIES, LTO and the CITY OF PARIS, TEXAS, thair successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part hereof, by through or under Grantor, but not otheno1ise. WITNESS our hands thia (jj'- _ day of J]N!J4tr ,2005. SALL Y H. McCOY HARPER SIX FAMILY LIMITED PARTNERSHIP BY: HARPER GP, INC., Its General Partner BY, m SUSAN M. HARPER, Its President THE DONALD GRANT WILSON 1998 TRUST Drainage Page 3 ., ','. I B/< Vol PSI 00033958 OR 1703 269 against every person whomsoever lawful~ Claiming or to claim the same or any part hereof) by through or under Grantor, but not otherwise, WITNESS our hands this ;)..l9.i1-"' day of JJOj~ ,2005. ~;I J/ifJ - SALL Y. ~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 Drainage Page 3 I . ~', '. , f , . . . Bk 00033958 OR Vol PSt 1. 703 2'71 HOUSTON DAVID HARRISON' DONALD G. WILSON BARBARA H, WILSON STATE OF TEXAS * * COUNTY OF LItIYt41../ * This instrumen~ was acknowledged before me on this day of MOV6mJ4W , 2005, by SALLY H. McCOY :2J. AI~ * f Texas STATE OF TEXAS * COUNTY OF * Thi~ instrument was acknowledged before me on this day of , :tOOS, by SUSAN M. HARPER, President of HARPER GP , INC. ,General Partner of HARPER SIX FAMILY LIMITED PARTNERSHIP, on behalf of said entity, STATE OF TEXAS * Notary Public, State of Texas * COUNTY OF * This instr~lment was acknowledged before me <m this day of - , 200S, by DONALD GRANT WILSON, Trustee of Drainage, Page 4 . . , ", . . Bk OOO:'i3958 OR Vol 1'703 PSI .272 1 .... . THE HOUSTON GREGORY WILSON 1998 TRUST q~~~ ' ,:. 1, i1 - , 'MiA. " ~STON DAVlD HAR ~JtJ)IL ALD . w tSON ~~ 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 * This instrument was acknowledged before me on this ~ day of ;;r/t",t~ , 2005, by SUSAN M, HARPER, President of HARPE,R, G" P, INC, , G,e neral, Partner c,t, HAR )AMILY LIMITED PARTNERSHIP, on behalf of said enti, , "...., ""~.""''''-'~'''~~'''~,~";",:, I " ,!' ,..:~ If/Ill BfA;~~f .: . , State of Texas . . ,',,'\Y' .J NO!OIV PubliC . \:,:. \ "V: J Stata OfT9x:1S ( \'<":;4/ C,~rrl/l1, Expl19S li4.] }_~~ '(........'~~';..,~'\IM""'-~tlot Drainage Page 4 Bk 00033958 OR Vol Ps 1703 273 STATE OF TEXAS * * COUNTY OF W/Ir'rL * instrument was acknowledged before me on this ~/ , 2005, by DONALD GRANT WILSON, Trustee of GRANT WILSON 1998 TRUST. STATE OF TEXAS * * COUNTY 9F l+~A.-f'... * Thil instrument was acknowledged before me on this ~ day of l/rJIIQ..rt\'-.. I 2005, by HOUSTON GREGORY WILSON, Trustee of the HOUSTON GREGORY WILSON 1998 TRUST. . .......:.:.:'~,......,"('..,~~:.....~-.:.',';;A___.~~ ~ :: ,'{"/"~'\~~' "'/::.t ali,,~D ' ~ , ,~~~}~.). Notcry rub:lc( (,.\t\{., Sloleof1exas t . .. lC, State of Texas f 'i(~?d' Comm. Expl:es 04-17.~C,~:, I \~"'" .bP'...."._...~.......; fMt'lM~j) STATE OF ~ * * COUNTY OF Hht~()K.b * J J 1-1> This instrument was acknowledged before me on this 0< day of /VOvf3l1~c~ , 2005, by HOUSTON DAVID HARRISON. 1\\\\\""111111111/1. ~~'i~~ENC 1'1/~ ~~~~.n."~~M *~,' "~~ ;$.~' "\'~~ g~/to.\OTAR.....t~ .... It \" r. #II ~*; ...... :*~ S....:. /JUI'lL\C :~i ~-~'. ,U :'.;:; ~ 71\'" .... ".~ ~.~. .~,.,... ~I.: a~"', .--... \ .,:~~ 1~1. 1',;) CG .';i'" ~lllt;r',. ....:... &t'az~ e. tI;J Notary Public, State of ~ fHf..Y/AA$ KAntlEEN C. Crif:l Nolllly PU~lic, ~~~ of l.'~lYk1r!(j My CcmmIssic1l5:p.r J.; Juno 1. 2000 Drainage Page 5 . . I .~. I .: '.' BJ.: 00033958 OR Vol Ps 1703 274 STATE OF TEXAS * * COUNTY OF lll-,.,'+A. * This instrument was acknowledged before me on this ~GI day of ~ou.eJt'\b""", I 2005, by DONALD G. WILSON. ."~'1:""'__'___""'_""''V' -. .' , .:\ WiLL SfAi{Q 1 ';i:; ,':.1 NololV Public I : ":' "'1;:", Slale 01 Texas J : '. ~:<:l C;~-r,m. f::puas Ofl" 17.2006 '",~. ......'.....".'\lIN......_tI.l r ,l:., .4 .......... STATE OF TEXAS * * COUNTY OF 4fV'.Ir^,- * This instrument was acknowledged before me on this ().t; day of ~(le~k", , 2005, by BARBARA H. WILSON. ---- --~- ~~ ~s ::> ,"llBIMD' ~ I . "f :.::~i. NOlory PUb!ic l : ..... .....,: ' . ~ ; '( -;;'. ~.~'..t Stctt': or T..xas f ._.......'..: C{"I.:1~. SxP;;8S04.IV"I~~ """''''~~~ .!Iv'.., ~',""",~l"'" i' 0 f 5il ~ ~ ~ " ..... ", n ..... ~ <::> fi ... ~. .. ~ So .,. .. ~ 111 ... j .. ... oot<'a: w.: i:.l n~ cr g i -'1( '" ~ Drainage ...... cr !:l" (JI :;~ ... III .. 01) ., Page 6 .... Sl .. ,. .. ... ... '" ., I;>- r,: .. ~ ~ .. ... w w '/) ... W "V . ~ Q <:, \.'~ :,:- . . . w. LAWRENCE EVANS I P. C . Attorney at Law 933 W. Mainl P.O. BOX 151 Denisonl Texas 75020 00033958 8~R Vol 1703 pg 27!5 Drainage Easement Page 7 . . . . ,..~, t' " ',4{1 . ~" o..~ EX\-\\B\1f\ N C. ~l' o:-! , Field Notes . Of1site Easement No.1 , prainage Easement Situated within the CO!JlO"" Limlls of the City of Paris. Lamar County. Texas, · X ~ part of the Hiram Williams S-y, Abstract 1003, also being a ~ o~ a.73.53 acre ~ m of !and dfseribed in a dJ:,d to Saliy H. McCoy, Harper SIX FalDlly LllDlted PartnershIP, The Donald (Jrant W'~son 1998 Trost, The HouslDD Gregory Wiison 1998 Trust. Houston 00 David Ranison, Donald G. W'~son, and Barbara H. Wilson, recorded io Vol- 1037. ~ Page 183, of the Lama! County Real Property Records, and being further desCribed" l~ folloWS: M o C' l-:J Beginning at a point in the East Boundary Line of Collegiate Drive, said pointbeiilg located South 290 25' 30" West a distance of 293.06 feet froin 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 68052' 38" East a distance of 20.87 feet to a point for comer, said point being in a curve to the tight 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 48.01 feet, an arC distance of48.01 feet to a pOint for comer; Thence South 400 19' 0641 West a distance, of 180.32 feet to a point for corner, Thence North 490 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 0080.32 feet to a point for comer at the beginning, of a curve to the left having a radius of 989.93 rea; , Thence, continuing with said East Boundary Line and around said curve to the right, long chord bearS North 39' 01 40" East a distance of 41.14 reet, ao are distance of 41.14 feet to th~ place of beginning, and containing 4497.936 square feet ofland. 08/15/2006 15:03 FAX 419 241 1965 SLK TOLEDO I4l 004/005 ASSIGNMENT OF DRAINAGE AND GRADING EASEMENT STATE OF OHIO ) ) 5S: COUNTY OF LUCAS ) KNOW ALL MEN BY THESE PRESENTS: NOTICE OF CONFIDENTIALITY RIGHTS; IF YOU ARE A NA rURAL 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 00033959, Book OR, Volume 1703, Page 277, et ~. HeRI TEXAS PROPERTIES, LTD. by: Health Care REIT, Inc. General Partner Attest: _c.=-- ....e .., ~ dD~.-mnr ~~~ by: ~1C.~11$: "&'2,~ \I~;:4't:ill)r!-)," .. ~:r~:'-:\,":~,~~:;:~~:~ CITY OF PARIS Attest: by: EXHIBIT .B. 08/15/2006 15:03 FAX 419 241 1965 SLK TOLEDO I4J 005/005 STATE OF OHIO COUNTY OF LUCAS ) ) ) 55: This instrument was acknowledged before me on this IS- day of August, 2006 by MICHMLA. CRABTREe , the =,:nT of Health Care 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 ) ) 55: COUNTY OF LAMAR ) This instrument was acknowledged before me on this the day of August, 2006 by of City of Paris, Texas. Notary Public My appointment expires: , :, .' i,....', '. . Bk 000339~i9 OR Vol. P,a 1 7()~?; 2'"17 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 FOLLOWING INFORMATION FROM THIS ,INSTRUMENT BEFORE IT IS FILED }'OR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER, 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 HeRI TEXAS PROPERTIES, LTD. and the CITY OF PARIS, Paris, Texas. the receipt and sufficiency of which is hereby acknowledged, does her~by sell. give and grant unto the said HCRI TEXAS PROPERTIES, L m. 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 IimHs the City of Paris. County of Lamar and State ofTexas, 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 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 Drai~ge and Grading Easement Page 1 of 6 Pages EXHIBIT A t . '\ ,- '. ,',I f.. . , . . 00033959 Bl< OR Vol 171)3 pg 2'78 Records, the easement being more particula~y described on Exhibit "An 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 facilrries, 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 perman~nt 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 HeR I 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 " , .. ~ ~. 4 I I , . 0003~3'959 B}JR Vol p :I. '703 2~9 hereof, by, through or under Grantor, but not otherwise. WITNESS our hands this d/J~ day of tJOJ~ I 2005. HARPER SIX FAMILY LIMITED PARTNERSHIP BY: HARPER GPt INC,; Its General Partner BY: SUSAN M. HARPER, rts 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 .. , .1', I., '. . . Bk Vol Ps 00033959 OR 1703 281 hereof, by, through or under Grantor, but not otherwise. WITNESS our hands this JJ~ day of ~OvvJ,t.r I 2005. SALLY H. McCOY HARPER SIX FAMILY LIMITED PARTNERSHIP BY: HARPER GP, INC., Its General Partner BVJ:l.ryv 'In .~ SUSAN M. HARPER, Its . President THE DONALD GRANT WILSON 1998 TRUST THE HOUSTON GREGORY WILSON 1998 TRUST HOUSTON DAVID HARRISON Drainage and Grading Easement Page 3 of 6 Pages ~ . "" .. .,' " 'l' Bk V(:')l pg 00033959 OR 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 ... Drainage and Grading Easement Page 3 of 6 Pages , . \ '. ~ Bk OOQ33959 OR Vol P!!1 :I. '703 .2S0 DONALD G. WILSON BARBARA H. WILSON STATE OF TEXAS * 'It COUNTY OF LA-w.ftl.-J 'It This instrument was acknowledged before me on this ;;., ItIJ day of NOJ)/irm4w 1 2005, by SALLY H. McCOY it~lti!:: =. COUNTY OF 'It STATE OF TEXAS 'It 'It This instrument was acknowledged before me on this day of 1 2005, by SUSAN M. HARPER, President of HARPER GP 1 INC. I. General Partner of HARPER SIX FAMILY LIMITED PARTNERSHIP, on behalf of said entity. Notary PublicI State of Texas STATE OF TEXAS * * COUNTY OF * This instrument was aCknowledged before me on this day of , 2005, by DONALD GRANT WILSON, Trustee of THE DONALD GRANT WILSON 1998 TRUST. Drainage and Grading Easement Page 4 of 6 Pages .~ J::l rr ! Cl ~ ;v a .. "1 ", ~ ~ ~ 1"'-. I~ <? iii .... " 9- ,.,. 11 W i .... ~ <:l ... g. "':I> ~ <"l~ 5!ff .11 III ioo ~ ,~ -~ ~ .~ ~~ ..... ~ .. "' Q, ~. .. .,.. ... r~ ... 'n 0. ~ ::0 ... W 8 " ,.. w w !:l :lS ~~. ;i ~ -0 . '4" ',:' 'I Bk 00033959 OR Vol Pa 1703 283 ~ " ~ DONALD G. WILSON ' ~~4, 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 * * COtlNTy OF ~ I'M- '" Thio/,}inst:;-ument was acknowledged before me on this ~ day of W,vetto.bIA.. , 2005, by SUSAA M. HARPER, President of HARPER GP, !NC., General Partner of HARPER SIX FAMILY LIMITED PARTNERSHIP'.."el'1""'bemr}f"'otsaid entity. . " ':',' I WiL:8'1\;~) 'I ~: ___~ ", " , ,-"'.\ ... I .. . . ,'. ->: ' Nofcry PubiiC ; , :;:';j!t1 SIOlaolT&~~ I ' , . \i""!;fY Co.'7'J'n. Expltas 04.17.2r:C.S i . .,"'~~,~_........ . ,,~, ...... ...........,..... No ary PubllC, State of Texas STATE OF TEXAS * COUNTY OF Lcu}N * This instrvment was acknowledged before, me on this !~ day of tJe-v~ I 2005, by DONALD GRANT WILSON, Trustee of THE DONALD GRANT WILSON 1998 TRUST. .. Drainage and Grading Easement Page 4 of 6 Pages . , ,'.,-.1 BRIt<< QR~ -~ "... NcIaly _ _91:'r8JCIS ' My~ ~W2Ull7 , N9tary publ ic STATE OF TEXAS * * COUNTY OF t~~ * This instrument was acknowledged before me on this ).~ - day of &III"'~ ' 2005, by HOUSTON GREGORY WILSON/ Trustee of the HOUSTON GREGORY WILSON 1998 TRUST. ;" ." ,_"~"_",,,,,,~,,,,,,,,,_'''I...,...,.....\,:..n'''''''':.:'1 ,.';. '" ::",~j} vw. Bii':(i) 'r . .,' '~~Pt~\\ N, ~tory F\J~C ~ "",:(1W' I \ t('...li"'~ I." S:\1IO or Te-/lttS I ;' '<:.~'rf~ CcIY'J'l1. f4lires ~4-17.~Cr:i(' { \......ft\~.....~,f1I..... I ---.pt~,,,,,,,:~ STATE OF TSXAS * * coUNTY OF * This instrument was acknowledged before me on this ~ day of _ I 2005, by HOUSTON DAVID HARRISON. Notary Public, State of Texas STATE OF TEXAS * B~~ 00033959 OR Vol P$I 1703 284 * COUNTY OF kAt~'" * Drainage and Grading Easement Page 5 of 6 PageS ". , I': Bk 00033959 OR Vol ?9 1703 286 Notary Public, State of Texas STATE OF TEXAS * * COUNTY OF 1/ This instrument was acknowledged before me on this day of I 2005, by HOUSTON GREGORY WILSON, Trustee of the HOUSTON GREGORY WILSON 1998 TRUST. Notary Public, State of Texas fflt ~"'9 IV ~ STATE OF ~ * * COUNTY OF Hlw=o tJ * This instrument was acknowledged before me 011 this ;23 e day of IV/pIE M fJEL ,2005/ by HOUSTON DAVID HARRISON. I\\\\'"\UIftft~ l~~~!N.9.~#,~~. $~~l ...~, ~~"~OTAR .,'f \ :: . ---...- '*oO =*. ~..........- . ;: %.,:\ PUDl.\(i /~i ~ Od". .. <o:~ ~1.t\ " ~~' ~ jf.rl'J t. .' S ~ ~O.{""'~ ~ ~~ ~lll 1'1'0 COIJ\\'~ ~111/1,"lll\\\\\\' ~~ e.!:!:.} Notary Public I ~ of ~ fflty/A;uJ.> KATHLEEN C. ETZEL ~ry Public; State 01 Ma'Yfand Mlj CoIIIUIon Expires:Jun& I. 2009 STATE OF TEXAS 1/ * COUNTY OF * Drainage and Grading Easement Page 5 of 6 Pages' ,. I' " Th~ int~ment was acknowledged before me en. this J{{ day of t" , 2005, by DONALD G. WILSON. K2e of Texas ',~ '\ .. :.<.1 . '<.:.;::?!!/ cc;",;.~:~~;~ ~/~;'~?i"~:C-:.-: r "",,,,,,,~,~,.~~~.............'ftol't'tlI&l'\If.;t"~If'ool'V"....... '\'~~~.:" .~I.,;~..,,' JO ~~~:-\;;1~) P~-:'I!C STATE OF TEXAS * * COUNTY OF t,.,4o\~ *' Thi~ instrument was acknowledged before me on this fJ.4 day of fft;q,e.....L. I 2005, by BARBARA H. ~nLSON. --~ '" ::~_. ;'::;:' :"" ~iC' State of Texas ~"i~'c.:y f....,,',;. , , . 1 Si~>il~ cf ~'~:,(':,$ :..>~,~~:)' ~,:,~~.). ;.'~'::~':' (,j,. i i<'~;~,. : , ~""""'~"~"V'~"'~;>~"'-"':h;",,(.~.~.,;: Bk 00033959 OR Vol pft 1703 285 Drainage and Grading Easement Page 6 of 6 Pages .: " .'"., -: t I . . . '. . . , 00033959 e.k OR Vol 1703 Ps 287 Field Notes Offsite'Easeme.nt No.2 Drainage & Gtading Easement Situated within tbe Corporate .Limits of the Gity of Paris, Lamar COWlty, Texas, a ' part of the Hiram Williams Survey, Abstract 1003, also being a part of a 73.53 acre tract of land described in a deed to Sally H. McCoy, Harper Six Family LimitedPartners.hip, The Donald Grant Wilson 1998 Trus~ The Houston Gregory Wilson 1998 T ~ Houston David Harrison, Donald G. Wilson, and .Barbam H. Wilson, recorded in Volume 1037, . Page 183, of the Lamar County Real Property Records, and being further described as follows: Beginning at a point at the Southeast COmer of a 0.432 acre tract oEland previously conveyed out of said 75.53 acre tract and desCribed in a deed to Jon Landers recorde.d in VOlume,,1373, ,Page 119, of the Lamar County RealProperty Records; Thence North 1 So 14' 36" East a distance of 17634 feet to a pointfor corner; Thence South 7404512411 East a distance of20.00 feet to a point for comet; Thence South 150 14' 36" West a distance of165.35 feet to a pointfor comer; Thence South 400 32' 59" East a distance of 6.30 feet to a point for comer; Thence South 680 51' 20" East a distance of 53.24 feet to a point for comer; Thence South 230 49' 31 n East a distance of 11.3'1 feet to a point for comer; Thence South 680 51'20" East adistanceof183.98 feet to a point foreomer; Thence South a distance of2.14 feet to a point for corner; Thence North 680 51' 20" West a distance of 270.30 feet to the place of beginning, and containing 4551. 7~2 square feet of land EXHIBiT A