03-M Off-Site Drainage Easement - Meadow Park Phase IV
CITY OF PARIS, TEXAS
CITY COUNCIL AGENDA REQUEST
MEETING DATE: 13-12-2007
~Action D Discussion Dlnformation DRefer to:
SUBMITTED BY:
I Engineering Department
DESCRIPTION:
A Resolution of the City Council of the City of Paris, Paris, Texas, Authorizing the
acceptance of a 20-feet by 35-feet drainage easement from Gene and Cecelia
McWaters in part of the Meadow Park Addition Master Plat, the easement is
located at the end of Choctaw Circle in Meadow Park Addition, Phase IV; making
other findings and provisions related to the subject; and declaring an effective
date.
BACKGROUND INFORMATION:
This drainage easement is required by the code of ordinances because we have a
street discharging storm water onto private property that is not part of the
subdivision. Mr. Gene McWaters owns the Meadow Park subdivision and the
private property in question.
FISCAL AUTHORITY:
BUDGETED: N/A Account #:
GRANT: Account #:
BOND / C 0 Account #:
Other: See attached for recommended funding
MANAGER'S RECOMMENDATION:
DRAFT
RESOLUTION NO.
fattomeylresworklcurrentl Meadow Park Add Phase IV Off-Site Drainage Easement Res
November 30, 2006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
TEXAS, ACCEPTING FOR DEDICATION AN OFF -SITE DRAINAGE
EASEMENT ASSOCIATED WITH THE DEVELOPMENT OF MEADOW
PARK PHASE IV BY GENE W. McWATERS, JR.; MAKING OTHER
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Gene W. McWaters, Jr. is in the process of the developing of Meadow Park
Phase IV, including the installation of certain off-site drainage channels requiring the use of an off-
site drainage easement; and,
WHEREAS, Gene W. McWaters, Jr. has sought approval of the final plat for the aforesaid
development; and,
WHEREAS, before the final plat can be approved, the aforesaid off-site drainage easement
must be dedicated to the City of Paris;
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 off-site drainage easement attached hereto and incorporated herein by
reference as Exhibit "A" is necessary to provide adequate drainage and infrastructure for the
Meadow Park Phase IV residential development and is hereby in all things accepted for dedication
by the City of Paris.
Section 3. That the Mayor, City Manager, City Engineer, and other officials as shall be
deemed necessary shall be and are hereby authorized to execute any and all documents associated
with the acceptance of the aforesaid easements.
Section 4. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this 12th day of March, 2007.
Richard Manning, Mayor
DRAINAGE EASEMENT
STATE OF TEXAS
COUNTY OF LAMAR
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KNOW ALL MEN BY THESE PRESENTS:
That We, Gene W. McWaters, Jr. and Cecelia McWaters, of Lamar County, Texas, a
(hereinafterreferred to as Grantor) for and in consideration of the sum ofTEN DOLLARS ($10.00)
cash, and other good and valuable consideration, to us in hand paid by CITY OF PARIS, Texas, a
home-rule municipal corporation located in Lamar County, Texas, (hereinafter referred to as
Grantee), the receipt and sufficiency of which is hereby acknowledged, do hereby sell, give, grant,
and convey unto the Grantee a perpetual drainage easement described as follows:
SITVA TED within the corporate limits of the City of Paris, County of Lamar
and State of Texas, a part of the Isaac Cruse Survey, Abstract 162, also being a part
of a 91.094 acre tract of land conveyed to Gene W. McWaters, Jr., and Cecelia
McWaters by deed recorded in Volume 581, Page 528, Deed Records, Lamar
County, Texas, and being more particularly described as follows:
BEGINNING at an iron pin in the South Boundary Line ofD. S. Highway 82,
at the Northwest comer of said McWaters tract and also being the Northeast comer
of the Kaywood Addition No.2 as shown by plat in Envelope 198-A of the Lamar
County Plat Records;
THENCE South 890 23' 00" East along said South Boundary Line a distance
of 250.00 feet to a point for the Northwest comer of a tract of land previously
conveyed out of said McWaters tract and described as Tract One in a deed to the
county of Lamar recorded in Volume 496, Page 317, of the Lamar county Real
Property Records;
THENCE 890 24' East a distance of20.00 feet to a POINT FOR CORNER;
THENCE South 000 36' 00" West a distance of 35.00 feet to a point for
comer;
THENCE North 890 24' West a distance of20.00 feet to a point for comer;
THENCE North 000 36' 00" East a distance of 35.00 feet to the place of
beginning and containing 0.016 acre ofland.
TO HA VE AND TO HOLD the above property unto Grantee 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, relocating or maintenance of said 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, standards, and specifications approved for projects to be located within the herein
EXHIBIT A..
described easement, and that in the use of said rights and privileges herein granted, Grantee will not
create a nuisance or 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 or over 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
drainage easement and/or utilities placed therein.
Grantors do hereby bind themselves, their heirs, executors and administrators, to warrant and
forever defend, all and singular, said premises unto the Grantee against every person whomsoever
lawfully claiming or to claim the same or any part thereof.
WITNESS our hands this _ day of March, 2007.
Gene W. McWaters, Jr.
Cecelia Mc Waters
STATE OF TEXAS }
COUNTY OF LAMAR }
BEFORE ME, the undersigned authority, on this day personally appeared Gene W.
McWaters, Jr. and Cecelia McWaters, 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 March, 2007.
Notary Public, State of Texas
RETURN TO: City Attorney
City of Paris
P. O. Box 9037
Paris, TX 75461-9037