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.
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