11 Motion to accept a water line easementCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date: Otiginating Department: Presented By: Agenda Item No.:
4-1-2008 Engineering 41 Shawn Napier, P.E. City Engineer 11.
Council Date: /Director of Public Works
4-14-2008
RECOMMENDED MOTION: Motion to accept a water line easement from Lyle Real Estate for
an existing water line and fire hydrants around the shopping center located on City Block
315, Lot 12 in the 4000 block of Lamar Ave.
POLICY ISSUE~S~:
Acceptance of an easement.
BACKGROUND:
The proposed easement is for an existing water main that currently exists in an
undedicated easement on the property that is owned by Lyle Real Estate. This property is
not platted. We have had two leaks in the recent past on property. The portion of the
main that the leak occurred on was not metered, so the City of Paris was losing the water,
not the customer. One of the leaks was on a service line behind the main portion of the
Goody's building and the other leak was behind CiCi's Pizza. The City of Paris repaired
the line and relocated the water meters from immediately behind the buildings to the
water main. Lyle Real Estate hired Hayter Engineering to do the surveying and draft the
easement. They paid for all of the work performed by Hayter Engineering. If the
easement is accepted any future leaks on the main will be repaired by the City of Paris
and any leaks on a service line will be metered and will be the customer's responsibility
to repair.
BOARD/COMMISSION RECOMMENDATION:
EXHIBITS:
Easement and a map showing the proposed easement location
ACTION: BUDGET INFO: N/A
❑ Financial Report ❑ Minute Order Expense $
❑ Department Report ~ Resolution Budgeted Amt. $
❑ Presentation ❑ Ordinance yTD Actual $
❑ Public Hearing ❑ Other Acct. Name
Acct. Number
FISCAL NOTES:
REVIEWED AND APPROVED BY:
~ Administration ~ Ciry Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court Legal ❑ Library ❑ Police ~ Eng./Public Works ❑ Utilities
City of Paris . 5~ Revised 2104/08
DRAFT
f:attorney\reswork\current\Goody's Utility Easement Res
February 15, 2008
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
TEXAS, ACCEPTING A UTILITY EASEMENT FROM LAMAR CROSSING
LLC FOR A WATER LINE UPON AND ACROSS A PORTION OF LOT 12,
CITY BLOCK 315, LOCATED IN THE 4000 BLOCK OF LAMAR AVENUE;
MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Lamar Crossing, LLP development located in the 4000 Block of Lamar
Ave. requires a utility easement for the water line located on a part of Lot 12, City Block 315
belonging to Lamar Crossing, LLP; and,
WHEREAS, it is necessary that the City of Paris have a utility easement for said water line
for maintenance purposes; and,
WHEREAS, it is deemed appropriate that the Utility Easement from Lamar Crossing
attached hereto as Exhibit A, be accepted and 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 utility easement from Lamar Crossing, LLP attached hereto and
incorporated herein by reference as Exhibit "A" is necessary to provide adequa.te infrastructure for
the Lamar Crossing, LLP development on Lot 12, City Block 315, located in the 4000 block of
Lamar Ave., 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 easement.
Section 4. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this 14th day of April, 2008.
Jesse James Freelen, Mayor
. 5i
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
58
UTILITY EASEMENT
STATE OF TEXAS }
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR }
That Lamar Crossing, LLC, c/o Life Real Estate, Inc., 1320 Brookwood Drive,
Suite A, Little Rock Arkansas, 72202, (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 me 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 home rule 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 0.527 acres of land, a part of
the Enoch Crow Survey A-208, also being a part of a called 5.345 acre
tract of land known as Lot 12, City Block 315; as conveyed from Loyd
Brigance Grass Sales, Inc. To Lamar Crossing, LLC on July 31, 1998,
recorded in Vol. 798, Page 153 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 properiy 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 as close 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, fence, tree or other permanent structure on the above-described
EXHlB1T g
r . 59
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 haxrd this _XO uay of c< ,?008.
STATE OF ARKANSAS }
COUNTY OF PULASKI }
LAMAR CROSSING, LLC ~
Chri etcher, Owner
BEFORE ME, the undersigned authority, on this day personally appeared Chris
Fletcher, Owner of Lamar Cross, LLC, 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. -
Y HAND AND SEAL OF OFFIC this Iv day of
GI EN UNDER M
q , 2008.
t lic, State of Arkansas
RETURTT; City Attorney
City of Paris
P. O. Box 9037
Paris, TX 75461-9037
FCOMMission rt Headlee, Nofary Public
County, State of Arkansas
mmission Expires July 6 , 2017.
No. 12361271
1
0 60
FIELD NOTES
City of Paris
Water Line Easement
0.527 Acres
Part of Lot 12, City Block 315
Lamar Caunty
February 2008
Being 0.527 acres of land, situated within the corporate Iimits of the city of Paris, County
of Lamar, Sta.te of Texas, being a part of the Enoch Crow Survey A-208, also being a part
of a called 5.345 acre tract of land known as Lot 12, City Block 315 as conveyed from
Loyd Brigance Grass Sales, Inc. to Lamar Crossing, LLC on Iuly 31, 1998, and recorded
in Volume 798, Page 153 of the Rea1 Properly Records of said county. The said 0.527
acre tract of land being described more particularly in metes and bounds as follows:
Beginning at a concrete monument foind for the Southwest comer of said 0.527 acre
traCt, said monuxnent being the Southeast comer of the aforementioned called 5.345 acre
Lamar Crossing, LLC tract, and said monument being located in the North right-of-way
line of U.S. Highway 82, said rod also being located N 89° 18'43" E(Reference Bearing)
a distance of 433.50 feet from a t/Z inch iron rod found at the Southwest comer of the
aforementioned called 5.345 acre tra.ct;
T'hence S 89°1843" W along the South boundary line of the aforernentioned called 5.345
acre tract and the North right-af-way line of U.W. Highway 82, a distance of 15.00 feet to
a point for corner;
Thence N 01 °03'23"
W, a distance of 291.09 feet to a point for corMer;
Thence S 88°56'37"
W, a distance of.15.00 feet to a point for comer;
Thence N 01 °03'23"
W, a distance of 15.00 feet to a point for corner;
Thence N 88°56'37"
E, a distance of 15.00 feet to a point for corner;
Thence N 01°03'23"
W, a distance of 207.87 feet to a point for corner;
Thence S 88°36'40"
W, a distance of 400.85 feet to a point for corner;
Thence S 00°35'48"
E, a distance of 284.02 feet to a point for coraier;
Thence S 58°49'31"
E, a distance of 46.87 feet to a point for comer;
Thence S 03°28'45" W, a distance of 200.52 feet to a point for comer in the North right-
of-way line of U.S. Highway 82, said point also being located in the South boundary line
of the aforementioned called 5345 acre tract at a bearing and distance of N 89°18'43" E,
63.50 feet from a'/Z inch iron rod found at the Southwest comer of said called 5.345 acre
tract;
EXHIB[T -L
a 61
Thence S 89° 1843" W along the North right-of-way line of U.S. Highway 82 and the
South boundary line of the aforementioned called 5.345 acre tract, a distance of 15.02
feet to a point for corner, sa.id point being located N 89° 18'43" E a distance of 48.48 feet
from a 1/~ inch iron rod found at the Southwest corner of said called 5.345 acre tract;
Thence N 03°28'45" W, a distance of 191.92 feet to a point for corner;
Thence N 5 8°49'31" W, a distance of 47.35 feet to a point for corner in the most northern
West boundary line of the aforementioned called 5.345 acre tract, said point being
located N 00°35'48" W a distance of 6.48 feet from a'/2 inch capped iron rod found at the
angle point of the West boundary line of the aforementioned called 5345 acre tract;
Thence N 00°35'48" W along the most northern West boundary line of the
aforementioned called 5.345 acre tract a distance of 307.17 feet to a pouat for corner, said
point being located S 00°35'48" E a distance of 11.50 feet from a'/z inch iron rod found
for the Northwest corner of the aforementioned called 5.345 acre tract;
Thence N 88°36'44" E, paratlel with the North baundary line of the aforementioned
called 5345 acre fxact, a distance of 430.59 feet to a point for corner in the rnost northern
East baundary line af said ealled 5.345 acre tract;
Thence 5 0 1 034'25" E along the most northern East boundary line of the aforementioned
called 5345 acre tract, a distance of 260.60 feet to a'/2 inch iron rod found for corner at
the angle point of the East boundary line of said called 5.345 acre tract;
Thence S 00°35'00" E along the most southern East boundary line of the aforementioned
called 5.345 acre tract, a distanee of 268.56 feet to the point of beginr4ing and containing
0.527 acres of land.
I, KEVIN K. WHITLEY, REGISTERED PROFESSIONAL LAND SURVEYOR,
#5892, STATE C)F TEXAS, HEREBY CERTIFY THE ABOVE IS TAKEN FROM
MEASUREMENTS MADE UPON THE GROUND.
.
. 62
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RP VOLUME, 798, PAGE 153
CALLED 5.345 ACRES
N 88'56'37' E 15.00'
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- • REFERENCE BEARING S 89'18
433.50
S 89'18'43" W 15.02' STATE OF TEXAS
CONDEMNATION VOLUME 8, PG 150
S 89'18'43' W
1500'
U.S. FiIGHWAY N0. 82
W/iTERL.INE EASEMENT
CfTY OF PAR/S
0.527 ACRES
LAwoAR coMrrir, rExas
FEBFiUARY 2008
KEVIN K. WHITLEY, REGISTERED PROFESSIONAL LAND SURVEYOR FOR THE
I
,
STATE OF TEXAS. RPLS #5892, DO HEREBY CERTIFY THAT THE PLAT SHOWN
(
ME, COMPLETED ON FEBRUARY 11, 2008.
(
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v. Y
4
63
-w HEREIN REPRESENTS AN ACNAL ON-THE-GROUND SURVEY CONDUCiED BY