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2008-034-RES-authorizing the execution of a easemnt abandonment of a 15' by100' utility easement located on lot 3 of the Oak Creek Business parkRESOLUTION NO. 2008-034 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE EXECUTION OF AN EASEMENT ABANDONMENT OF A 15' BY 100' UTILITY EASEMENT LOCATED ON LOT 3, OF THE OAK CREEK BUSINESS PARK NO. 1 TO THOMAS J. WHITTEN, OWNER OF THE ADJACENT PROPERTY; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Paris has received a letter from Thomas J. Whitten requesting the abandonment of a 15' by 100' utility easement located in Lot 3 of the Oak Creek Business Park No.1 as described on Exhibit A attached hereto; and, WHEREAS, it has been determined by City staff that no utilities are located in this easement and that said easement serves no purpose to the City of Paris and should be abandoned; and, WHEREAS, it is deemed appropriate that this easement be abandoned and the City Manager of the City of Paris should be authorized to execute the Easement Abandonment in the form attached hereto as Exhibit A and the same should be approved. 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 Z. That the 15' by 100' utility easement located on Lot 3 of the Oak Park Business Park No. 1 be, and the same is hereby abandoned and conveyed to Thomas J. Whitten, owner of the surrounding property, and the City Manager of the City of Paris, be, and he is hereby authorized and directed to execute, on behalf of the City of Paris, the Easement Abandonment attached hereto as Exhibit A. Section 4. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 28th day of April, 2008. ~ sse Jam s Freelen, Mayor tol, ATTEST: ice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, Ci ttorney EASEMENT ABANDONMENT STATE OF TEXAS } } KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR} That the City of Paris, Texas a home rule municipal corporation of the County of Lamar, State of Texas, acting by and through its Mayor, duly authorized by Resolution No. 2008-J for and in consideration of the sum of Ten and no/100 Dollars ($10.00) cash and other good and valuable consideration, in cash, to it in hand paid by the receipt and sufficiency of which is hereby acknowledged; has Abandoned and Quit Claimed, and by these presents does Abandon and Quit Claim unto the said Thomas J. Whitten of the County of Lamar, State of Texas, whose mailing address is P. 0. Box 6415, Paris, Texas 75461-6415, the City of Paris' interest in that certain utility easement on Lot 3 of Oak Creek Business Park No. 1 as shown on the Plat of Oak Creek Business Park No. 1, recorded in Envelope 382-A of the Plat Records of Lamar County, Texas, and described as follows: SITUATED within the corporate limits of the City of Paris, County of Lamar and State of Texas, and more particularly described on Exhibit A attached hereto and made a part thereof. TO HAVE AND TO HOLD the above described property unto Thomas J. Whitten for the purposes aforesaid, together with all and singular, the rights and appurtenances thereto in anywise belonging unto the said CITY OF PARIS, its successors and assigns forever. This conveyance shall be without warranty of any kind, whether express or implied. WITNESS its hand at Paris, Texas, this 28th day of April, A.D. 2008. Kevin Carruth, City Manager ATTEST: Janice Ellis, City Clerk EXHIBI7 -L THE STATE OF TEXAS COUNTY OF LAMAR BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared Kevin Carruth of the City of Paris, Paris, Texas, 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 and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 28th day of April, 2008. Notary Public, State of Texas RETURN TO: Terry whitten P. 0. Box 6415 Paris, TX 75461-6415 Propert_y Description Situated within the Corporate Limits of the City of Paris, Lamar County, Texas, a part of the Hiram Williams Survey, Abstract 1003, also being a part of Lot 3 of Oak Creek Business Park No. l as shown by plat recorded in Envelope 382-A of the Lamar County Plat Records, and being further described as follows: Beginning at a point located South 80° 09' 04" East a distance of 4.00 feet from the Northwest corner of said Lot 3; Thence South 80° 09' 04" East a distance of 15.03 feet to a point for corner; Thence South 13° 37' 29" West a distance of 100.99 feet to a point for corner; Thence North 76° 22' 31" West a distance of 15.00 feet to a point for corner; Thence North 13° 37' 29" East a distance of 100.00 feet to the place of beginning, and containing 1507.425 square feet of land. EXHlBiT .A ,j ~ / S 80 °09'04 ^ ~ 0 15.03~ Lot 3 / 7 o° / o F a~ \ 0 N ~ M p Lot 4 CV) ~ o~ M co ~ Z 1507.425 / Sq. Ft. / EXISTING BUILDING .p0, f1 N 76°22'31" W I / 15.00' \ Scale: 1" = 20' Job# 049mar08 / \ / ~ N W E S NTS ~ w 2619 NE LOOP 286 100934 15' LOT 4 2635 NE LOOP 286 v <v~ Z-C 18788 LOT 3 ~ Z-PDa-f V . Q EXISTING 15-FOOT WIDE BY 100-FOOT LONG T~~~rY Eqs EASEMENT PROPOSED FOR ABANDONMENT \ MFNT LOCATION OF PROPERTY ~ n SPUR 139 ~ O NE D , Ne O0p 286 00,0 It,~ r--r;~ CaI~T'YC a T~! P ~ ~ S ..a....~. 15' UTILITY EASEMENT ABANDONMENT PJA NTS