16 Move to approve the Final Plat of Stone Ridge Phase 4 Subdivision and resolution accepting an off-site drainage and utility easement adjacent to the subdivision.CITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originating Department:
Presented By:
Agenda Item No.:
07-18-08
Engineering
Shawn Napier, City Engineer
16.
Council Date:
07-28-08
RECOMMENDED MOTION:
Move to approve the Final Plat of Stone Ridge Phase 4 Subdivision and resolution
accepting an off-site drainage and utility easement adjacent to the subdivision.
POLICY ISSUE(S):
Plat Approval and easement acceptance
BACKGROUND:
This is the final plat for a 12-lot addition to the Stone Ridge subdivision. The easement
will drain water from the 12 lot subdivision to the west. The subdivision regulations call
for an off-site easement to be dedicated when necessitated. The master plan incorporates
this easement to drain storm water to the west to a future street right-of-way.
BOARD/COMMISSION RECOMMENDATION:
The Commission recommended approval of the final plat, subject to City Engineer's
recommendations by a vote of 5-0.
EXHIBITS:
City Engineer's recommendation memo, final plat and easement description.
ACTION:
BUDGET INFO:
❑ Financial Report Z Minute Order
Expense
$
❑ Department Report Z Resolution
Budgeted Amt.
$
❑ Presentation ❑ Ordinance
y'I'D Actual
$
❑ Public Hearing ❑ Other
Acct. Name
Acct. Number
FISCAL NOTES:
REVIEWED AND APPROVED BY:
Z Administration Z City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court Z Legal ❑ Library ❑ Police Z Eng./Public Works ❑ Utilities
City of Paris • 000141 Revised 2/04/08
MEMORANDUM
TO: Mayor and City Council
Planning anA Zoning Commission
FROM: Shawn Napi t.AE
Cit
y Engin tor of Public Works
DATE: July 7, 2008
SUBJECT: Stone Ridge Phase IV
I have reviewed the final plat of the above referenced addition. It appears that the final plat
complies with the City of Paris subdivision regulations with the following exceptions:
1. Provide a 15-foot off-site drainage easement as shown on the final plat.
I recommend approval of the final plat upon submission of a signed off-site easement and a
mylar copy with signatures of the surveyor and owners prior to July 14t'', 2008.
cc: Kevin Carruth, City Manager
Lisa Wright, .Director of Community Development
Brandon Chaney, P.E., R.P.L.S., Chaney Engineering, Inc.
Mark and Larry Cunningham
^ 000142
.
1 S t t; ~
` $ ~ !
q ti S
t 8
1~
!t',r~ L
01, ~
co
O I I I I I I ~ I m
W f~ 1 I I ~
1~I I\L
~ 3'N 13]d1B L4 ` `
- - - F-;~-------~---
~ ~ ~ ~ ~ .d•
I ~ I~ i I ~V V•69E ~dm~nN3
nl aodHd nait! 3N018
_ _ _ ~JTH r~-Eean~ ~t i M
Z
Y y~
°o_~ 8
WO
z
mm
4
133MLS 3Wllf1!
F
Z
Y
W d
0 ~
K >
W b
2p ~
F ~
N ]
L6
~
~
i~
~
K
~t
,
a
*
.
I
~
~
~
~i
~
1. ~As
s
w 000143
D RAFT
Attorney\reswork\current\Stone Ridge Drainage & Utility Easement Res
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
ACCEPTING AN OFF-SITE DRAINAGE AND UTILITY EASEMENT FROM
MARK AND LARRY CUNNINGHAM FOR THE DEVELOPMENT OF STONE
RIDGE PHASE IV LOCATED AT 47TH STREET NE AND FM 195, UPON AND
ACROSS A PORTION OF LAND IMMEDIATELY WEST OF THE PROPOSED
DEVELOPMENT; MAKING OTHER FINDINGS AND PROVISIONS RELATED
TO THE SUBJECT; AND PROVIDING A1V EFFECTIVE DATE.
WHEREAS, Stone Ridge Phase IV development located at 47th Street NE and FM 195
requires a drainage and utility easement upon and across a portion of property
immediately west of the proposed development belonging to Mark and Larry Cunningham;
and,
WHEREAS, it is necessary that the City of Paris have a drainage and utility easement
for maintenance purposes; and,
WHEREAS, it is deemed appropriate that the Drainage and Utility Easement from
Mark and Larry Cunningham 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 Drainage & Utility easement from Mark and Larry
Cunningham attached hereto and incorporated herein by reference as Exhibit "A" is
necessary to provide adequate infrastructure and drainage for the Stone Ridge Phase IV
development located at 47th Street NE and FM 195, 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.
0' 000141t
PASSED AND APPROVED this 28th day of July, 2008.
Jesse James Freelen, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
" 00014 5
i; i
UTILITY AND DRAINAGE EASEMENT
STATE OF TEXAS §
COUNTY OF LAMAR §
KNOW ALL MEN BY THESE PRESENTS:
That we, Mark Cunningham and Larry Cunningham, of Lamar County, Texas,
(hereinafter referred to as Grantor) 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, Texas, the receipt and sufficiency of which is hereby acknowledged, do hereby give,
grant and convey unto the said CITY OF PARIS, a home rule municipal corporation, of Lamar
County, Texas, (hereinafter referred to as Grantee) a perpetual utility and drainage 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, Abstract No. 7,
also being part of a 128.76 acre tract of land conveyed to Mark & Larry
Cunningham by deed recorded in Volume 711, Page 019, of the Lamar County
Real Property Records, 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 and
drainage facilities placed or to be placed therein (hereinafter "Facilities"); provided that
Grantee will, after doing any work in connection with the construction, reconstruction,
relocation, inspection, or maintenance of said utility and drainage 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
EXHIBIT g
- QnV 11f~,
,
said premises; and provided further, that the Grantor shall not erect or place any building,
fence, 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 Facilities placed therein.
Grantors do hereby bind themselves, 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 July, 2008.
Mark Cunningham
Larry Cunningham
STATE OF TEXAS §
COUNTY OF LAMAR §
BEFORE ME, the undersigned authority, on this day personally appeared Mark
Cunningham and Larry Cunningham, 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 July, 2008.
Notary Public, State of Texas
RETURN T0:
City Attorney
City of Paris
P. O. Box 9037
Paris, TX 75461-9037
1~...
(?f'o
' S