07-C Pecan Place Development Easements
DRAFT
F:ATTORNEY\RESWORK\CURREN1\ Pecan Place Easement Procure Res
June 18, 2007
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
TEXAS, AUTHORIZING THE ACCEPTANCE OF EASEMENTS FOR THE
EXTENSION OF A SEWER LINE TO A LIFT STATION FOR THE PECAN
PLACE DEVELOPMENT PROJECT; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, the developer of the Pecan Place Subdivision desires to extend a sanitary sewer
line from their proposed residential subdivision to the City's Oak Creek lift station in accordance
with plans and specifications prepared by Chaney Engineering and filed with the City Engineer; and,
WHEREAS, said developer further desires to grant to the City of Paris the necessary utility
easement to construct and connect the Pecan Place Subdivision to the Oak Creek lift station, said
easements being attached hereto and incorporated herein as Exhibits A & B; and,
WHEREAS, the City Council finds that the above-described utility easements are 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, TEXAS:
Section 1. That the findings set out in the preamble to this resolution are hereby in all things
approved.
Section 2. That the City Council hereby approves and accepts the utility easements
substantially in the form attached hereto as Exhibits A & B for the purposes stated herein.
Section 3. That this resolution shall be effective from and after the date of passage.
PASSED AND APPROVED this 25th day of June, 2007.
Jessie James Freelen, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
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UTILITY EASEMENT
STATE OF TEXAS
COUNTY OF LAMAR
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}
KNOW ALL MEN BY THESE PRESENTS:
That the Rader Family Trust, of 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 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, a part of the Wesley Askins Survey and a part of a
74.44 acre tract conveyed to Philip W. Clifford, by deed recorded in Volume 877,
Page 234 of the Lamar County Deed Records and being more particularly
described as follQws:
BEGINNING at the Southeast comer of said tract on the East bank of a
branch;
THENCE South 0029' West a distance of 165.0 feet to a point for comer;
THENCE North 89031' West a distance of70.0 feet to a point for comer;
THENCE North 0029' East a distance of20.0 feet to a point for comer;
THENCE-South 89031' East a distance of 50.0 feet to a point for comer;
THENCE North 0029' East a distance of 145.00 feet to a point for comer;
THENCE South 89031' East with the North Boundary Line of said
Clifford tract and the South Boundary Line of a tract conveyed to Claude and
Jimmie Sharrock by deed recorded in Volume 645, Page 635 of the Lamar
County Deed Records a distance of 20.0 feet to the place of beginning and
containing 0.099 acres of land.
The above field notes being taken from an actual survey made on the ground by
Brandon Chaney, Registered Land Surveyor of Texas #4057, September 16,
2005, reference being here made to all instruments and records for all necessary
purposes.
TO HAVE 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, including and not limited to sanitary sewer lines, water lines,
storm sewer or drainage lines, provided that Grantee will, after doing any work in connection
EXHIBIT A-
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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 Grantor(s) 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 himself and his 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 my hand this _ day of
,2007.
RADER FAMILY TRUST
Mitzi Rader, Trustee
STATE OF TEXAS }
COUNTY OF LAMAR }
BEFORE ME, the undersigned authority, on this day personally appeared Mitzi Rader,
Trustee, Rader Family Trust, known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that he executed the same for the purposes and
consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ day of
,2007.
Notary Public, State of Texas
RETURN TO: City Attorney
City of Paris
P. O. Box 9037
Paris, TX 75461-9037
~ "l
UTILITY EASEMENT
STATE OF TEXAS
COUNTY OF LAMAR
}
}
KNOW ALL MEN BY THESE PRESENTS:
That the Rader Family Trust, of Lamar County, Texas, (hereinafter referred to as
Grantor) for and in consideration ofthe sum ofTEN 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, a part of the Wesley Askins Survey and a part of a
15.821 acre tract conveyed to Philip W. Clifford by deed recorded in Volume
411, Page 111 of the Lamar County Deed Records and being more particularly
described as follows:
BEGINNING at the Southeast comer of said tract on the East bank of a
branch;
THENCE North 89031' West with the South Boundary Line of said
Clifford tract and the North Boundary Line of a tract conveyed to Eric S. Clifford,
et al. by deed recorded in Volume 656, Page 954 of the Lamar County Deed
Records a distance of20.0 feet to a.point for comer;
THENCE North 0029' East a distance of 12.31 feet to a point for comer;
THENCE North 63045' East a distance of 18.36 feet to a point for comer;
THENCE South 9027' East (Basis of bearing per referenced deed) the East
Boundary Line of said Clifford tract and the West line of a tract conveyed to
Raider Family Trust by deed recorded in Volume 1256, Page 250 of the Lamar
county Real Property Records a distance of20.88 feet to the place of beginning
and containing 0.007 acres of land.
TO HAVE 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, including and not limited to sanitary sewer lines, water lines,
storm sewer or drainage lines, 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
EXHIBIT ~
"!r" -,.
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 Grantor(s) 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.
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 my hand this _ day of
,2007.
RADER FAMILY TRUST
Mitzi Rader, Trustee
STATE OF TEXAS }
COUNTY OF LAMAR }
BEFORE ME, the undersigned authority, on this day personally appeared Mitzi Rader,
Trustee, Rader Family Trust, known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that she executed the same for the purposes and
consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ day of
, 2007.
Notary Public, State of Texas
RETURN TO: City Attorney
City of Paris
P. O. Box 9037
Paris, TX 75461-9037
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