2007-011-RES-Granting Easement to SBC/At&t for upgradingRESOLUTION N0.2007-011
A RESOLUTION OF THE CITY COUNCIL OF TH AN EASEMENT TO
PARIS, TEXAS, AUTHORIZING THE GRANTING OF
SBC/AT&T FOR UPGRADING THG OTHER F NDINGS
TELECOMMUNICATIONS FACILITIES; MAKIN
AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, SBC/AT&T have undertaken a project of upgrading their current
telecommunications facilities in the City of Paris and has requested a thirty foot by twenty foot
(3 0'X20') easement on the southeast corner of the intersection of Clarksville Rd. and Collegiate Ave.;
and,
WHEREAS, said easement will be occupied by an above ground metal cabinet
approximately seventy-five inches (75) high, eighty-nine inches (89) long, and forty-one inches
(41) wide; and,
WHEREAS, said cabinet is essential for providing Digital Service Lines (DSL) and
increasing and enhancing telephone services to businesses and residences in the area; and,
WHEREAS, all cables running to this cabinet will be underground, this cabinet has nothing
to do with cellular services, and there will be no antennas/cell tower erected on this site; and,
WHEREAS, the City Engineer has reviewed the proposed easement and has determined that
the easement will not adversely affect any other utilities or other City operations at this location; and,
WHEREAS, SBCIAT&T has agreed to landscape and fence around the perimeter of the
easement as the City of Paris deems necessary and has also agreed to pay the City three thousand
dollars ($3,000.00) for the proposed easement; and,
WHEREAS, the City Council finds that the above-described easement is necessary for said
improvement project and that the same should be approved, and the Mayor should be authorized to
execute said easement on behalf of 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 easement requested by SBC/AT&T for upgrading their current
telecommunications facilities, be, and the same is hereby approved, subject to receipt by the City of
the consideration stated herein, and further, the Mayor be, and he is hereby, authorized to execute
said Easement in a form acceptable to the City Attorney.
Section 3. That this resolution shall be effective from and after the date of passage.
PASSED AND APPROVED this 12th day of February, 2007.
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Richard Manning, Mayor
ATTEST:
duce Ellis, City Cler
APPROVED AS TO FORM:
W. Kent Mc y ,City ttorney
EASEMENT FOR EQUIPMENT STATIONS
WITH BURIED CABLE & ACCESS EASEMENT
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR
THIS EASEMENT, entered into by the CITY OF PARIS, a homerule municipal
corporation, located in Lamar County, Texas, (hereinafter referred to as GRANTOR) and
SOUTHWESTERN BELL TELEPHONE, L.P., a Texas limited partnership d/b/a SBC Texas,
(hereinafter referred to as GRANTEE), wherein GRANTOR, in consideration of the sum of
ONE DOLLAR ($1.00), and other good and valuable consideration, receipt and sufficiency of
which is hereby acknowledged, does hereby grant, bargain and sell, convey and confirm unto
the said GRANTEE, its associated and allied companies, its and their respective successors and
assigns, a nonexclusive easement and right of way to construct, operate, maintain, reconstruct,
and remove video and communications equipment stations along with a buried cable easement
and access easement upon the following described land, situated in Lamar County, Texas
described as follows:
SITUATED within the corporate limits of the City of Paris, County of
Lamar and State of Texas, a part of the George W. Cox Survey # 164, and being..
a 600 square foot tract of land out of a called 23.250 acre tract of land conveyed
City of Paris by deed recorded in Vol. 1340, Page 125, real property records of
said County and State, and being a 600 square foot Easement, being more
particularly described by metes and bounds as follows:
Beginning at a point in the east R.O.W. of Collegiate Dr. and the west
boundary line of said City of Paris tract, said point being SOUTH 1 deg. l2 min. 31
sec. EAST a distance of 60.00 feet from the northwest corner of said City of Paris
tract;
Thence NORTH 88 deg. 47 min. 29 sec. EAST a distance of 30.00 feet to
a point for the northeast corner of said 600 square foot tract;
Thence SOUTH Ol deg. 12 min. 31 sec. EAST a distance of 20.00 feet to
a point for the southeast corner of said 600 square foot tract;
Thence SOUTH 88 deg. 47 min. 29 sec. WEST a distance of 30.00 feet to
a point in said Collegiate Dr. R.O.W. and said City of Paris west boundary line for
the southwest corner of said 600 square foot tract;
Thence NORTH Ol deg. 12 min. 31 sec. WEST along said Collegiate Dr.
R.O.W. and said City of Paris west boundary line a distance of 20.00 feet to the
POINT OF BEGINNING and containing 600 square feet of land.
GRANTEE shall locate its facilities within the Easement so as not to interfere with any of
GRANTOR's facilities or with the facilities of an other preexisting easement holders. Further,
GRANTEE shall install a fence around GRANTEE's facilities and appropriate landscaping to screen
EXHIBIT..
the fence. The design and materials for the fence and landscaping must first be approved in writing
by the City Engineer for the City of Paris
This easement shall continue only so long as Grantee shall use this easement for the
urposes herein described and the same shall immediately lapse and terminate upon cessation of
P
such use. Upon termination of this easement for any reason, GRANTEE shall remove its facilities
and restore the property hereinabove described to the same condition that such property was in
rior to the installation of Grantee's Facilities at the beginning of the term of this agreement,
p
ordinary wear and tear for the purposes herein authorized excepted.
TO HAVE AND TO HOLD the same, together with all rights and appurtenances to the
same belonging, unto GRANTEE, its successors and assigns forever, including (1) the right to
connect said station with the GRANTEE' S communications system by means of underground
cables or wires, (2) the right to enclose the equipment station easement area with a fence and
landscape screening, as long as the proposed fence and landscaping complies with State law and
City Ordinances and GRANTEE first receives written approval of the proposed fence and
landscaping by the City Engineer, (3) the right of ingress and egress to and from said equipment
station, (4) the right to construct, operate and maintain service lines for electric power and
telephone, and (5) the right to clear and keep cleared all trees, overhanging branches, roots,
brush and other obstructions from said easement area.
THE STATE OF TEXAS §
COUNTY OF LAMAR §
THE CITY OF PARIS, PARIS, TEXAS
~~
Richard annmg, Mayor ,
BEFORE ME, the undersigned authority, in and for sai ~o~ to, me to be the plerson
personally appeared Richard Manning, Mayor of the City of Paris,
whose name is subscribed to the foregoing instrument, and axle seddand in the capacity
executed the same for the purposes and consideration therein e p
therein stated. s r
GNEN UNDER
,~r P irovu ,2007.
My HAND AND SEAL OF OFFICE, this ~"day of
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Vin,,:'` Viz,. ~;~ r~3m~sion ~fras ~-~~`~~'~~ 0.,.
Notary Pu ic, State of Texas