Loading...
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