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2007-138-RES-Accepting an off-site utility easement associated with the construction of a building for Fastenal CompanyRESOLUTION N0. 2007-138 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACCEPTING ANOFF-SITE UTILITY EASEMENT ASSOCIATED WITH THE CONSTRUCTION OF A BUILDING FOR FASTENAL COMPANY ON LOT 1, BLOCK A, MAIN STREET 250 ADDITION LOCATED AT 2240 N. MAIN STREET; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Fastenal Company is in the process of developing Lot 1, Block A, Main Street 250 Addition located at 2240 North Main Street requiring the use of an off site utility easement; and, WHEREAS, the Fastenal Company has sought approval of the final plat for the aforesaid development; and, WHEREAS, before the final plat can be approved, the aforesaid off site utility easement must be dedicated to the City of Paris; 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 off-site utility easement attached hereto and incorporated herein by reference as Exhibit "A" is necessary to provide adequate infrastructure for the development of Lot 1, Block A, Main Street 250 Addition, located at 2240 N. Main Street, 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 November, 2007. ATTEST: J ice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIly C ty Attorney UTILITY EASEMENT STATE OF TEXAS ~ KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR That we, Robert L. Burton and wife, Pauline M. Burton, of the County of Lamar, State of Texas, (hereinafter referred to as Grantors) 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 0.065 acres of land, a part of the Reddin Russell Survey A-786, and being a part of Lot 9, City Block 250, as conveyed from Floyd Foley and wife Bettie C. Foley and Donald B. Williamson and wife Elizabeth Williamson to Robert L. Burton and wife Pauline M. Burton on May 30, 1989, recorded in Vol. 93, Page 42 of the Real Property Records of said county, and being more particularly described by metes and bounds in Exhibit A attached hereto and made a part hereof. 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; 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 prof ects 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 EXHIBIT .~.. 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 our hands this day of November, 2007. Robert L. Burton Pauline M. Burton STATE OF TEXAS } COUNTY OF LAMAR } BEFORE ME, the undersigned authority, on this day personally appeared Robert L. Burton and Pauline M. Burton, 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, 2007. Notary Public, State of Texas RETURN: City Attorney City of Paris P. O. Box 9037 Paris, TX 75461-9037 REDING RUSSELL SURVEY A-250 N 89'56'59" W 185.42' CIRF POB S 89'56'59" E 18.24' AQUA CLEAN SYSTEMS, INC. CALLED 1.034 ACRES OR VOLUME 1074, PAGE 59 S 89'56'59" E 412.82' ROBERT BURTON ET UX CALLED 3 ACRES RP VOLUME 93, PAGE 43 w w Z Q 0 Z .. N Q vi 3 v 0 c a> 0 FA57ENAL COMPANY CALLED 3.02 ACRES OR VOLUME 1832, PAGE 200 ~ I, KEVIN K. WHITLEY, REGISTERED PROFESSIONAL LAND SURVEYOR FOR THE ~ STATE OF TEXAS, RPLS #5892, DO HEREBY CERTIFY THAT THE PLAT SHOWN ~ HEREIN REPRESENTS AN ACTUAL ON-THE- GROUND SURVEY CONDUCTED BY ~ ME, COMPLETED ON OCTOBER 10, 2007. w ,~` SANITARY SEWER EASEMENT ~ EGISTERED PROFESSIO LAND SURVEYOR CITY OF PARIS ~ 0.065 ACRES can LAMAR COUNTY, TEXAS NAYTER OCTOBER 2007 ~ ENGINEER/NG N (' INCORPORATED ROBERT BURTON ET UX CALLED 3 ACRES RP VOLUME 93, PAGE 43 S ~. ~ `~cP- . ~~ ~s-. ,, s ~. ~s,, 9~~ ~ FtS~ ~cP '~s. ~~ LEGEND y. O SIR SET IRON ROD 15.D0' • CIRF CAPPED IRON ROD FOUND • FIR FOUND IRON ROD Rp REAL PROPERTY RECORDS OR OFFICIAL PUBLIC RECORDS ppg POINT OF BEGINNING S 89'57'22" W 18.22' S 89'57'22" W 298.37' 1N FIR SCALE: 1"=30' N 89'57'22" E 531.36' ~I CONSULTANTS PLANNERS ENOINFERS X Mob E E LOOP 268 PARIS TEXAS •~ ~~f'1IT FIELD NOTES Sanitary Sewer Easement 0.065 Acres Lamar County, Texas October 2007 Being 0.065 acres of land, situated withindt12 CORrp°ell Sutrvey A-786calso beingsknow- as part Lamar, State of Texas, being a part of the Re g of Lot 9 City Block 250, as conveyed mroom ~o°Robert L. Burton and w~ fe Paul ne MaBurton on Williamson and wife Elizabeth Wtllta Records of said county. May 30, 1989, and recorded in volume 93, page 42 of the Real Property The said 0.065 acre easement fully described by metes and bounds as follows: Beginning at a point for the Northeast corner of said 0.065 acres, said point being located S 89°56'59" E a distance of 185.42 f 3eacre Burton tract;apped iron rod found at the Northwest corner of the aforementioned call Thence S 89°56'59" E, along the North boundary line~of the aforementioned Burton tract a distance of 18.24 feet to a point, said point being located N 89°56'59" W, a distance of 412.82 feet from a'/s inch iron rod found at the Northeast corner of the aforementioned called 3 acre Burton tract; Thence S 34°38'25" E, a distanc cat d8n ~hefNorth boundaryrline of atcalled 3 02 acne traot of 0.065 acres, said point also being to land. conveyed from Pauline M. Burton, Individually and as Devisee under the Will of Robert L. Burton, Deceased to Fastenal Company of D d countyl $aid point being located N 189°5T22'? E, page 200 of the Official Public Records 531.36 feet from a capped iron rod found at the Northeast corner of said called 3.02 acre Fastenal tract; Thence S 89°57'22" W, along the North boo t fdor thetSouthwe t ~ornernof said 0 06 Sacr~esasaid Fastenal tract a distance of 18.22 feet to p point also being located N 89°57'22" E a distance of 298.37 feet from a Yz inch capped iron rod found at the Northwest corner said Fastenal tract; Thence N 34°38'25" W, a distance of 188.49 feet to the point of beginning and containing 0.065 acres of land. The South boundary line of the aforementioned called 3.02 acre Fastenal tract was used as the basis of bearing for the above described 0.065 acre tract. I, KEVIN K. WHITLEY, REGIS ERRED PRA ABOVE IS TAK N F OM MEASUREMENTS STATE OF TEXAS, HEREBY MADE UPON THE GROUND. ~ ~,' la~~o~~~