2008-059-RES ACCEPTING AN OFF-SITE DRAINAGE AND UTILITY EASEMENT FROM MARK AND LARRY CUNNINGHAM FOR THE DEVELOPMENT OF STONE RIDGE PHASEIV LOCATED AT 47TH STREET NE AND FM 195, UPON AND ACROSS A PORTION OF LAND IMMEDIATELY WEST OF THE PROPOSED DEVELOPMENTRESOLUTION NO. 2008-059
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AND FROM
ACCEPTING AN OFF-SITE N~ M FOR THEUDEVELOPMENT OF STONE
MARK AND LARRY CUNNI
RIDGE PHASE IV LOCATED AT 47TH STREET NE AND FM 195, UPON AND
ACROSS A PORTION OF FIND NGS ANDEPROVISIONS RELATED
DEVELOPMENT; MAKING OTHER
TO THE SUBJECT; AND PROVIDING AN 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 a hereto as Exhib DA, lbe ac epted and ded cated torthe
Mark and Larry Cunningham attached
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 inc ture tandhdra nage for the Stone Ridge Phase IV
necessary to provide adequate infrastruc
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.
PASSED AND APPROVED this 28th day of July, 2008.
sse Jame Freelen, Mayor
UTILITY A1VD DRAINAGE EASEMENT
STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR §
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
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 Cunn ument / and acknow edgedto me that they exe~uted the same
subscribed to the foregoing in ,
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. 0. Box 9037
Paris, TX 75461-9037
Property Description
Drainage & Utility Easement
Situated within the Corporate Limits of the City of Paris, Lamar County, Texas, a
part of the Wesley Askins Survey, Abstract No. 7, alsa 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 further described as follows:
Commencing at an iron pin found at the Northwest comer of Lot 1, Block D, af
Stone Ridge Phase III as shawn by plat recarded in Envelope 369-A of the Lamar County
Plat Records, said point also being the Northeast comer of praposed Stone Ridge Phase
IV;
Thence North 88° 59' 55" West a distance of 641.68 feet to a point at the
Northwest comer of proposed Stone Ridge Phase IV; thence South 00° 00' 06" West a
distance of 142.50 feet to the point of beginning of the following described tract:
Thence South 00° 00' 06" West a distance of 15.00 feet to a point for carner;
Thence North 88° 59' 55" West a distance of 125.02 feet to a point for comer in
the East Boundary Line of a proposed street;
Thence North 00° 00' 06" East with said East Boundary Line a distance of 15.00
feet to a point for corner;
Thence South 88° 59' 55" East a distance of 125.02 feet to the place of beginning,
and containing 1875.285 square feet of land.
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UTILITY AND DR AiNACE FAtFMENT
STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR §
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 oWesley
land Askins et , Mark & Larry,
also being part of a 128.76 acre tac
Cunningham by deed recorded in Volume 711, Page 019, of the Lamar County
Real Property Records, and being nd made a paicularly herofribed by metes and
bounds in Exhibit A attached hereto a Part
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
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 2j~#ay of July, 2008.
J
Mark Cunn' am
m
+LarCunnir~ a
14'~
/
STATE OF TEXAS §
COUNTY OF LAMAR §
BEFORE ME, the undersigned authorityo one t~ isbe day t persnay apeared
are
Cunningham and Larry Cunningham, known t
subscribed to the foregoing instrument, and acknowledged to me that they executed the same
for the purposes and consideration therein expressed. tdl
GIVEN UNDER MY HAND AND SEAL OF OFFICE this~ day of July, 2008.
11~OTAR~11 TC~ i y , -
Notary Public, State of Texas
bn~n~on E~ira 01~0 20~!
RETURN TO:
City Attorney
City of Paris
P. O. Box 9037
Paris, TX 75461-9037
Property Description
Drainage & Utility Easement
Situated within the Corporate Limits of the City of Paris, Lamar County, Texas, a
part of the Wesley Askins Survey, Abstract No. 7, alsa being part of a 128.76 acre tract
of land conveyed to Mark & Larry Cunningham by deed recorded in Voluzne 711, Page escri
fol 019, of the Lamar County Real Property Recordehe ~ r fLot ]bBl ck Dl af S.
Commencing at an iron pin found at the Northwest corn
Stone Ridge Phase III as shovm by plat recarded in Envelope 369-A of the Lamar County
Plat Records, said point also being the Northeast corner of proposed Stone Ridge Phase
IV;
Thence North 88° 59' 55" West a distance of 641.68 feet to a point at t e
Northwest corner of proposed Stone Ridge Phase N; thence South 00° 00' 06" West a
distance of 142.50 feet to the point of beginning of the following described tract:
Thence South 00° 00' 06" West a distance of 15.00 feet to a point for corner;
Thence North 88° 59' 55" West a distance of 125.02 feet to a point for corner in
the East Boundary Line of a proposed street;
Thence North 00° 00' 06" East with said East Boundary Line a distance of 15.00
feet to a point for corner;
Thence South 88° 59' 55" East a distance of 125.02 feet to the place of beginning,
and containing 1875.285 square feet of land.
EXHIB{T.,L
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