2006-145-RES-Utility easement from Barton and Tuesday Chadwick
RESOLUTION NO. 2006-145
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, AUTHORIZING THE ACCEPTANCE OF A 10 FOOT
UTILITY EASEMENT FROM BARTON J. CHADWICK AND TUESDAY L.
CHADWICK FOR THE FLOW EQUALIZATION BASIN FORCE MAIN
IMPROVEMENT PROJECT; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Paris has undertaken a project of construction
entitled Flow Equalization Basin Force Main Improvement in accordance with plans and
specifications prepared by the City Engineer of the City of Paris; and,
WHEREAS, the easement description necessary for the completion of said improvement
project is shown on Exhibit A attached hereto; and,
WHEREAS, the City Council finds that the above-described utility easement is necessary
for said improvement project and that 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 to this resolution are hereby in all things
approved.
Section 2. That the 10' Utility Easement from Barton 1. Chadwick and wife, Tuesday L.
Chadwick to be used for the Flow Equalization Basin Force Main Improvement Project be, and the
same is hereby accepted.
Section 3. That this resolution shall be effective from and after the date of passage.
PASSED AND APPROVED this 27th day of November, 2006.
,;
ATTEST:
APPROVED AS TO FORM:
.~ ;-P.
D. Lestock, Assistant City Attorney
UTILITY EASEMENT
STATE OF TEXAS }
COUNTY OF LAMAR }
KNOW ALL MEN BY THESE PRESENTS:
That We Barton 1. Chadwick and wife, Tuesday L. Chadwick, of Lamar County, Texas,
(hereinafter referred to as Grantor) for and in consideration of the sum of TEN DOLLARS
($10.00) cash, and other good and valuable consideration, to us in hand paid by the CITY OF
PARIS, Paris, Texas, the receipt and sufficiency of which is hereby acknowledged, do hereby
sell, give and grant unto the said CITY OF PARIS, a municipal corporation, of Lamar County,
Texas, (hereinafter referred to as Grantee) a perpetual utility easement described as follows:
SITUATED within the corporate limits of the City of Paris, County of
Lamar and State of Texas, being a part of a track of land conveyed to Barton J.
Chadwick and wife, Tuesday L. Chadwick by deed recorded in Book 942, Page
004 of the Real Property Records of Lamar County, Texas and being a 10' Utility
Easement containing 0.0228 acres ofland, being more particularly described on
Exhibit A attached hereto and made a part hereof.
TO HA VE 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 construct, reconstruct, relocate, inspect, and maintain any and all utility
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
utility 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 or do any act that
will be detrimental to said premises; and provided further, that the Grantors 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.
EXHIBIT A.
Grantors do hereby bind themselves and their heirs, executors, and administrators, to
warrant and forever defend, all and singular, said premises unto the CITY OF PARIS against
every person whomsoever lawfully claiming or to claim the same or any part thereof.
WITNESS our hands this _ day of November, 2006.
Barton J. Chadwick
Tuesday L. Chadwick
STATE OF TEXAS }
COUNTY OF LAMAR }
BEFORE ME, the undersigned authority, on this day personally appeared Barton J.
Chadwick and Tuesday 1. Chadwick, known to me to be the persons whose names are
subscribed to the foregoing instrument, and acknowledged to me that they executed the same
for the purposes and consideration therein expressed
GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ day of November, 2006.
Notary Public, State of Texas
RETURN TO: City Attorney
City of Paris
P. O. Box 9037
Paris, TX 75461-9037
BARTON J, CHADWICK and wife,
TUESDAY L. CHADWICK
RP 942, PG 004
N 2'26'E 10.00"\
\...... . , S, ,87'34' E 98.81
0.0228' AC" ..
N 87'34' W 100.00
S 4'20'E
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CITY OF PARIS
DR 673, PG 450
SITUATED in Lamar County, Texas, being part of tract of land conveyed to
Barton J. Chadwick and wife Tuesday L. Chadwick by a deed recorded in Book
942, Page 004 of the Real Property Records of Lamar County, Texas;
BEGINNING at the Southeast Corner of said tract of land, said point also
being the Northeast Corner of a tract of land conveyed to the City of Paris
by a deed recorded in Book 673, Page 450 of the Deed Records of Lamar
County, Texas, said point also being in the West boundary line of Stillhouse
Road;
THENCE North 87'34'00" West along the South Boundary line of said Chadwick
tract and North Boundary line of said City of Paris tract at distance of
100.00 feet to a point;
THENCE North 2'26'00" East a distance of 10.00 feet to a point;
THENCE South 87'34'00" East a distance of 98.81 feet to a point in the West
boundary line of Stillhouse Road and East boundary line of said Chadwick
tract;
THENCE South 4'20'00" East a distance of 10.07 feet along the West
boundary line of stillhouse Road and East boundary line of said Chadwick
tract to the place of BEGINNING and containing 0.0228 acres of land.
EXHIBIT A
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10. UTILITY EASEMENT
NOVEMBER 2006
DRAWN BY: ceo
SCALE: 111 = 601