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17 Easement procurementCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department Presented By: Agenda Item No.: 08-15-08 Public Works Shawn Napier, City Engineer Council Date: 17. 08-25-08 RECOMMENDED MOTION: Move to authorize procurement of utility easements for the West Washington Sewer Line Replacement Project, and authorizing the City Manager to negotiate and execute all necessary documents. PoLicY IssvE(s): Easement procurement BACKGROUND: These three easements range in width from 15 feet to 27 1/2 feet and are for an existing 15-inch sewer main that the City is in the process of replacing. The lines have been in place for years with no easement. The easements will allow for the new line to be placed within the same easement as the existing line. The existing line is made of clay tile and is broken in many places. The first phase will replace approximately 1,200-feet of sewer main. This sewer line has been bumped up to the first priority on the Capital Improvement list for sewer lines. The easement work was done by Chalaire Surveying, Inc. for $2,000.00, the future sewer line replacements will also use these proposed easements. BOARD/COMMISSION RECOMMENDATION: E XHIBITS: Utility easements ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $ ❑ Departrnent Report ~ Resolution Budgeted Amt $ ❑ Presentation ❑ Ordinance y'I'D Actual $ 2,000.00 ❑ Public Hearing ❑ Other Acct Name Service Lines Replacement A,cct Number 10-0412-85-00 FISCAL NOTES: REVIEWED AND APPROVED BY: 0 Administration 0 City Cleric ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court Z Legal ❑ Library ❑ Police Z Eng./Public Works ❑ Urilities City of Paris Revised 2/04/08 . 000104 DRAFT Attomey\reswork\current\w Was6ington sewerline easement procurement res 2008 12/13/08 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE PROCUREMENT OF EASEMENTS FOR THE WEST WASHINGTON SEWER LINE REPLACEMENT PROJECT LOCATED IN THE 700 BLOCK OF WEST WASHINGTON STREET AREA; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Paris has undertaken a construction project entitled West Washington Sewer Line Replacement Project located in the vicinity of the 700 block of West Washington Street area to replace a 15" sanitary sewer line in accordance with plans and specifications prepared by Hayter Engineering, Inc.; and, WHEREAS, certain utility easements, as further described and depicted in Exhibit A attached hereto, must be acquired for this project; and, WHEREAS, the City Council finds that the above-described utility easements are necessary for said sewer line improvement project and that the same should be procured; 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 City Attorney and the City Engineer are hereby authorized and directed to proceed to procure the above described property to be used for the West Washington Sewer Line Replacement Project. City Manager is hereby authorized to negotiate and execute any and all necessary documents. Section 3. That this resolution shall be effective from and after the date of passage. PASSED AND APPROVED this 25th day of August, 2008. Jesse James Freelen, Mayor a 000105 ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney . 000106 UTILITY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT STATE OF TEXAS } COUNTY OF LAMAR } KNOW ALL MEN BY THESE PRESENTS: That I, Travis Wayne Dodd, 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 me 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) the easement and right to construct, reconstruct and perpetually maintain underground sanitary sewer facilities, including manholes at grade (the "Facilities") together with all incidental improvements and all necessary laterals in, upon and across certain real property located in the City of Paris, Lamar County, Texas, as more particularly described in Exhibit "A" which is attached hereto and incorporated herein by reference as if fully set forth herein (the "Easement Area"). In addition to the foregoing, Grantor does hereby grant, bargain and convey a temporary construction easement described as follows: BEING two thirty (30) foot strips of land, running on either side of the permanent utility easement described in Exhibit A attached hereto. 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 facilities placed or to be placed therein; provided that Grantee will, after doing any work in connection with the construction, reconstruction, relocation, inspection, or maintenance of said utility facilities, restore the Premises as close to the condition in which said Premises were found EXHIBIT . 0001 ~ 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 utilities placed therein. Grantor does hereby bind himself and his 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 my hand this _ day of .2008. Travis Wayne Dodd STATE OF TEXAS } COUNTY OF LAMAR } BEFORE ME, the undersigned authority, on this day personally appeared Travis Wayne Dodd, 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ day of . 2008. Notary Public, State of Texas RETURN T0: City Attorney City of Paris P. 0. Box 9037 Paris, TX 75461-9037 » 000108 iI CHALAIRE SURVEYING, INC. BOUNDARY • TOPOGRAPHY • CONSTRUCTION Field Notes Tract A- 0.7951 Acre Sewer Easement Located on the Travis Wayne Dodd Property In the City of Paris, Lamar County, Texas Being part of that certain tract of land located in the Asa Jarman Survey, Abstract No. 479 and the Larkin Rattan Survey, Abstract No. 778, in the City of Paris, Lamar County, Texas and described in deeds dated August 12, 1975, to Travis Wayne Dodd, recorded in Volume 572, Pages 121 and 124 of the Lamar County Deed Records (L.C.D.R.), the 0.7951 acre sewer easement is more particularly described by metes and bounds as follows (all bearings cited herein are based on South Ol degrees 51 minutes 55 seconds West assumed along the west right-of-way line of 6t' Street SW and the east boundary line of said Dodd tract [called South in L.C.D.R. Vol. 572, Pg. 124]): BEGINNING at a point in the monumented west right-of-way line of 6th Street SW (40' wide per City of Earis; no dedication found) and the east boundary line of said Dodd tract,. from which a railroad rail set vertically in the ground (T-rail) found in the north boundary line of that certain called 3.2 acre right-of-way described in deed dated August 18, 1896, to The Texas Midland Rail Road, recorded in Vol. 82, Pg. 356, L.C.D.R., and the southeast corner of said Dodd tract bears South Ol deg. 51 min. 55 sec. West, a distance of 562.14 feet; 1.) THENCE South 86 deg. 55 min. 26 sec. West, a distance of 524.39 feet to a point; 2.) THENCE South 33 deg. 10 min. 24 sec. West, a distance of 770.79 feet to a point; 3.) THENCE South 21 deg. 55 min. 56 sec. East, a distance of 87.73 feet to a point in the north boundary line of said called 3.2 acre Texas Midland Rail Road right-of-way and the south boundary line of said Dodd tract, from which a T-rail found for an angle point in the north boundary line of said called 3.2 acre Texas Midland Rail Road right-of-way and the south boundary line of said Dodd tract bears South 80 deg. 17 min. 34 sec. East, a distance of 260.98 feet; 4.) THENCE North 80 deg. 17 min. 34 sec. West, along the north boundary line of said called 3.2 acre Texas Midland Rail Road right-of-way and the south boundary line of said Dodd tract, a distance of 17.62 feet to a point; 5.) THENCE North 21 deg. 55 min. 56 sec. West, a distance of 68.03 feet to a point; 6.) THENCE South 33 deg. 10 min. 24 sec. West, a distance of 63.14 feet to a point in the north boundary line of said called 3.2 acre Texas Midland Rail Road right-of-way and the south boundary line of said Dodd tract; 7.) THENCE North 80 deg. 17 min. 34 sec. West, along the north boundary line of said called 3.2 acre Texas Midland Rail Road right-of-way and the south boundary line of said Dodd tract, a distance of 21.80 feet to a point, from which a T-rail found in the north boundary line of said called 3.2 acre Texas Midland Rail Road right-of-way bears North 80 deg. 17 min.. 34 sec. West, a distance of 137.16 feet; Page 1 of 3 P.O. Box 1076 • Paris, Texas 75461-1076 • Tel: 903-784-1454 • Fax: 903-784-1452 EXHIBiT g - ooUIV;i 8.) THENCE North 33 deg. 10 min. 24 sec. East, a distance of 85.77 feet to a point; 9.) THENCE North 18 deg. 54 min. 43 sec. West, a distance of 335.38 feet to a point in the center of the concrete lining of Baker's Branch, the east boundary line of that certain called 5.33 acre right-of-way described in deed dated July 21, 1896, to Texas Midland Rail Road, recarded in Vol. 82, Pg. 165, L.C.D.R., and the west boundary line of said Dodd tract; 10.) THENCE along the center of the concrete lining of Baker's Branch, the east boundary line of said Texas Midland Rail Road called 5.33 acre right-of-way and the west boundary line of said Dodd tract as follows: North 14 deg. 13 min. 50 sec. East, a distance of 2.24 feet to a point; North 62 deg. 20 min. 19 sec. East, a distance of 11.75 feet to a point; North 47 deg. 53 min. 19 sec. East, a distance of 2.35 feet to a point; 11.) THENCE South 18 deg. 53 min. 26 sec. East, a distance of 328.38 feet to a point; 12.) THENCE North 33 deg. 10 min. 24 sec. East, a distance of 930.49 feet to a point in the center of a concrete ditch, the north boundary line of said Dodd tract and the south boundary line of that certain tract of land described in deed dated August 10, 1999, to Family Haven Crisis and Resource Center Inc., recorded in Vol. 906, Pg. 213 of the Lamar County Real Property Records; 13.) THENCE South 81 deg. 37 min. 25 sec. East, along the center of said concrete ditch, the north boundary line of said Dodd tract and the south boundary line of said Family Haven tract, a distance of 22.03 feet to a point; 14.) THENCE South 33 deg. 10 min. 24 sec. West, a distance of 164.86 feet to a point; 15.) THENCE North 86 deg. 55 min. 26 sec. East, a distance of 514.69 feet to a point in the monumented west right-of-way line of 6b Street SVV and the east boundary line of said Dodd tract, from which a 3/8-inch iron rod found in the monumented west right-of-way line of 6th Street SW bears North 01 deg. 51 min. 55 sec. East, a distance of 217.61 feet; 16.) THENCE South 01 deg. 51 min. 55 sec. West, along the monurnented west right-of-way line of 6"' Street SW and the east boundary line of said Dodd tract, a distance of 15.06 feet to the POINT OF BEGINNING and containing 0.7951 acre of land. I, Dennis E. Chalaire, certify that the above property description and the accompanying plat dated August 14, 2008, represent a survey made on the ground under my supervision. Qm.~'U-4 Date August 14, 2008 . :o E• , Dennis E. Chalaire, R.P.L.S. No. 5469 ;sT' File: 8075 Page 2 of 3 •..a- ~a:°~' ~ ~'o•.N DENNIB E, ~~~iRE r 5469....... 7 1° ~~~FSSio?P'dQ' ~ o y ~ P.O. Box 1076 • Paris, Texas 75461-1076 • Tel: 903-784-1454 • Fax: 903-784-1452 0 ooliu NOTES 1. The refercnce beanng for ~his survey is Son[h 01 dcg. 51 min. SS scc. Ncst Smcd alung ihc monumenicd wesr righ~-of~way linc oCri,h Srcect SW. 2~Metes and bounds dcscripiions oFTrects A, B, and C, damd Augusi 14, 2008' acrompen"his plm. 7. Locacion of Survcy Line shown hereon is bascd on infnmianion in Vol. 669, Pg.401, L.CD.R. LRAIL - Fnd. RR rail set venicaily in the ground . L.C.R.P.R. - Lamar Co. Reel Property Rerords 'L.C.D.R. - Lemar Co. Deed Rccords r.o.e. - rom. 01'ae6ninins R.O.W. - Righi-0GWay MH - Exiving Manhole IA iron Rod ASA JARlL4N SURVEY dBSTR.1 CT N0. 479 Vl'EST (VA5NINGTON STREET (50' wide per Ciry) N 89'38'23"W 796.77 LOT 2 LOT 4 TRnb15 WAYNE DODO V01.. 572, PG. 119. LC.D.R. AUG. 12. 1975 od ttJe4 U aJ ~o TE%AS MIDUNO RAIL ROAO VOL. 82. PG. 356. LC.D.R. AUG. 18, 7896 CALLED 3.2 AC. LINE DATA Course Bearing Distance Lt 5 86'55 26 W 524.39 L2 5 33'70 24 W 770.79 LJ 5 21'55 56 E 87J3 L4 N 8017 34 W 17.62 LS N 21'55'56 W 68.03 L6 5 3310 24 W 63.14 U N BO'17 34 W 21.80 Q LB N 337024 E 65.77 L9 N 18'S4 43 W 335.38 a L10 N 14'13 50 E 2.24 ~ L11 N 6220'19 E 11.75 Lt2 N 47S319 E 2.35 L1J S 18'S3 26 E 328.38 L14 N 33'10 24 E 930.49 L15 S 81'37 25 E 22.03 L16 S 73'10 24 W 164.96 L17 N 86'S526 E 514.69 L1B 5 01'S1 55 W 15.06 Lt9 N B4'10 25 W 311.91 L20 5 33'10 24 W 220.05 L21 N 81'37'25 W 30.29 L22 N 33'10 24 E 232.15 m L23 N 23'48 52 E 81.91 ~ L24 N 00'09 46 W 54.66 < L25 N 88'5416 E 46.67 ~ L26 5 23'5 4 20 w 142.00 L27 5 8410 25 E 313.19 L28 5 000924 E 15.DB T-RAIL FND. RID. 3/B" i~ 3 ~ ~IN ~ L4RKINRATI:4NSDRI'EY ABSTRACTA10.778 ~ Mno -ppe-mr.CT C i V. il'RSNINCTONST. I p p W FND. 1' IRON PIPE 5 892631'E 193.90' FTlp. ]/8' IR L19 E%ISTING SEWER LINE ^ \ I;. J i 20 131 i n IAH 0 TRACT C \ lOT 1 V AGAPE MOUSE WOflID NiDE MINISIRIES, INC. ~ VOL 1006. PG. 7. I.FR.P.0. AUG. 28. 2000 rNO. i/z' DRILL HOLE J 10 / FNO. 1/2' IR N 88'5I16'E 253.62 IN C C. L21 ~ O.R. TRACT B J~ h 70' [15 ~EXISTINL SEWER LINE L2B v POB-IAACT B 9'24'E 15.40' 5 1 00 B9' IR LOT 1 LOT tA FND~ FAAIILY HAYEN CR1515 8 i h~ ftE50UNCE CEN7ER INC. 2~•5' " ypL 669, PG. 461. LC.O.R. - . k VOL 806_ PG. 213 15' LINE DATA L29 5 Ot'S910 W 116.07 L30 5 23'S4 20 W 150J2 L31 5 BB'S416 W 46.67 L32 N 00'09 46 W 77.92 ' ~ L33 N 09'43 OS E 70.45 L34 N 07'02'25 E 157.03 ~ a L35 N 50'19 25 E 26.39 ~ L]6 5 Ot'02 25 W 241.43 L37 N 23'54 20 E. 14527 L38 N 01'S910 E ttt.fia L39 5 89'26 31 E 20.01 40 N 80'1 34 W 13 .16 L41 N 00'09'24 W 166.46 I , 2 I ~ 07 ~ L1 101-1RACT A s i I d ~ Z i U , y I L0T 3 € b ~ 1 ~ lRAb15 WAYNE DWD VOL 572, PC. 724, LC.D.ft. ~ o I AUG. 12:~1975 n~ y a ~ ~N h i i I o ~ , F i 1 wI 1 I ~ 1 I FNO. T-RAIL I ~ I AREAS ACRES TRACT A - OJ951 TRACT B - 0.3348 TRACT C - 0.2511 E O F... T ST 'F Eq -I- P G F 1 •?n o ~ y iP f~ ~A % DENNIS ECHALAE N /6/j~•l~ntiA p' 150' 300 CITI'BLOCK 154 SURVEY OF SERBR LASMENTS ACROSS THREE TRACTS OF LAND SOUTH OF WEST WASH[NGTON STREET IN THE CITY OF PA21S, LAMAR COUNTY, TEXAS (unplnited) LOT 3 TRANS WFYNE DODD VOL 572. PG. 141. LC.D.R. AUG. 12, 1975 EXISTNC SEWER IINE E%ISiING SEWER L1NE I 7p. b I 4 UTILITY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT STATE OF TEXAS } COUNTY OF LAMAR } K1VOW ALL MEN BY THESE PRESENTS: That Family Haven Crisis and Resource Center, Inc., a non-profit organization, by and through its President, Gary Waite, 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 me 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) the easement and right to construct, reconstruct and perpetually maintain underground sanitary sewer facilities, including manholes at grade (the "Facilities") together with all incidental improvements and all necessary laterals in, upon and across certain real property located in the City of Paris, Lamar County, Texas, as more particularly described in Exhibit "A" which is attached hereto and incorporated herein reference as if fully set forth herein (the "Easement Area"). In addition to the foregoing, Grantor does hereby grant, bargain and convey a temporary construction easement described as follows: BEING two thirty (30) foot strips of land, running on either side of the permanent utility easement described in Exhibit A attached hereto. 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 facilities placed or to be placed therein; provided that Grantee will, after doing any work in connection with the construction, reconstruction, relocation, inspection, or maintenance of said utility facilities, restore the Premises as close to the condition in which said Premises were 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 000112 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 utilities placed therein. Grantor does hereby bind itself and its heirs, successors and assigns, 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 my hand this _ day of .2008. FAMILY,HAVEN CRISIS AND RESOURCE CENTER, INC. Gary Waite, President STATE OF TEXAS } COUNTY OF LAMAR } BEFORE ME, the undersigned authority, on this day personally appeared Gary Waite, President, Family Haven Crisis and Resource Center, Inc. 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 _ day of . 2008. Notary Public, State of Texas RETURN T0: City Attorney City of Paris P. 0. Box 9037 Paris, TX 75461-9037 000113 Cc CHALAIRE SURVEYING, INC. J BOUNDARY - TOPOGRAPHY • CONSTRUCTION I. Field Notes Tract B- 03348 Acre Sewer Easement Located on the Family Haven Property In the City of Paris, Lainar County, Texas Being part of that certain tract of land located in the Asa Jarman Survey, Abstract No. 479 and the Larkin Rattan Survey, Abstract No. 778, in the City of Paris, Lamar County, Texas and described in deeds to Family Haven Crisis and Resource Center Inc., dated March 8, 1984, recorded in Volume 669, Page 461 of the Lamar County Deed Records (L.C.D.R.) and dated August 10, 1999, recorded in Vol. 906, Pg. 213 of the Lamar CounTy Real Property Records (L.C.R.P.R.), the 0.3348 acre sewer easement is more particularly described by metes and bounds as follows (all bearings cited herein are based on South 01 degrees 51 minutes 55 seconds West assumed along the west right-of-way line of 6'h Street SW and the east boundary line of that certain tract of land described in Vol. 572, Pg. 124, L.C.D.R. [called South]): BEGINNING at a point in the monumented west right-of-way line of 6th Street SW (40' wide per City of Paris; no dedication found) and the east boundary line of said Family Haven tract, from which a 3/8-inch iron rod found for reference in the west right-of-way line of 7t' Street SW and the east boundary line of said Family Haven tract bears South 00 deg. 09 min. 24 sec. East, a distance of 45.40 feet; 1.) THENCE North 84 deg. 10 min. 25 sec. West, a distance of 31191 feet to a point; 2.) THENCE South 33 deg. 10 min. 24 sec. West, a distance of 220.05 feet to a point in the center of a concrete ditch, the south boundary line of said Family Haven tract, and the north boundary line of that certain tract of land described in deed dated August 12, 1975, to Travis Wayne Dodd, recorded in Vol. 572, Pg. 124, L.C.D.R. ; 3.) THENCE North 81 deg. 37 min. 25 sec. West, along the center of said conarete ditch, the south boundary line of said Family Haven tract, and the north boundary line of said Dodd tract, a distance of 30.29 feet to a point; 4.) THENCE North 33 deg. 10 min. 24 sec. East, a dista.nce of 232.15 feet to a point; 5.) THENCE North 23 deg. 48 min. 52 sec. East, a distance of 81.91 feet to a point; 6.) THENCE North 00 deg. 09 min. 46 sec. West, a distance of 54.66 feet to a 1/2-inch drill hole in concrete found for an angle point in the east boundary line of that certain tract of land described in deed dated August 12, 1975, to Travis Wayne Dodd, recorded in Vol. 572, Pg. 126, L.C.D.R. for the northwest corner of said Family Haven tract and the southwest corner of that certain tract of land described in deed dated August 28, 2000, to Agape House World Wide Ministries, Inc., recorded in Vol. 1006, Pg. 7, L.C.R.P.R.; 7.) THENCE North 88 deg. 54 min. 16 sec. East, along the south boundary line of said Agape House tract, a distance of 46.67 feet to a point, from which a 1/2-ine4i iron rod found in the west right-of-way line of 7h Street SW for the southeast corner of said Agape House tract bears North 88 deg. 54 min. 16 sec. East, a distance of 253.62 feet; Page 1 of 3 P.O. Box 1076 • Paris, Texas 75461-1076 • Tel: 903-784-1454 • Fax: 903-784-1452 EXHIBIT A - 000114 8.) THENCE South 23 deg. 54 min. 20 sec. West, a distance of 142.00 feet to a point; 9.) THENCE South 84 deg. 10 min. 25 sec. East, a distance of 313.19 feet to a point in the east boundary line of said Family Haven tract and the monumented west right-of-way line of 6t' Street SW, from which a 1/2-inch iron rod found for the southeast corner of said Agape House tract bears North 00 deg. 09 min. 24 sec. West, a distance of 166.46 feet; 10.) THENCE South 00 deg. 09 min. 24 sec. East, along the monumented west right-of-way line of 6h Street SW and the east boundary line of said Family Haven tract, a distance of 15.08 feet to the POINT OF BEGINNING and containing 0.3348 acre of land. I, Dennis E. Chalaire, certify that the above property description and the accompanying plat dated August 14, 2008, represent a survey made on the ground under my supervision. Date August 14, 2008 . Dennis E. Chalaire, R.P.L.S. No. 5469 File: 8075 . ..E ~ G~ , r ~P : ~1 S TF~` :~,t„ .D..EN...N..IS E. . CIi......~.... ~qLq~RE ~ 5469 ~r P 'yo°~SS AO?yo s~RV~ Page 2 of 3 P.O. Box 1076 • Paris, Texas 75461-1076 • Tel: 903-784-1454 • Fax: 903-784-1452 w 000115 I NOTES. I~ I l. The rc(ercnce b<anng (arlhis survey is Souoh 01 deg. 51 min. 55 sec. Wcst ~ mcd along Ihc monumcmcd west righi-ofway Iine oCtiih Sncet SW. I, LSMetes and bounds Acscri~tlons ofTracis A, 0, and C, datcd Augusi 14, ASAJA1LtL9NSURVEY yIN I 2008, accompany ihis pioo. .1BSTR.9CT NO. 479 ~ 3, Locacion of Survcy Line shown hereon is bascd on in(omiarion in V.I. 669, i Pg.401.L.C.D.R. T-RAIL - Fnd. RR rail set venicalty in thc gmund I L.C.R.P.R. - Lamar Co. Real Property Recoeds L.C.D.R. - Lamar Co. Decd Raords FND. 3/9' iR P.O.B.-PoiniOfReginnin6 FND. J/B' Ic R.O.W.-Righi-Of-\Vay MH - Existing Manhole ~ ~33 iR - Iron RoE FND. ]/B' IR . WEST IV.ASH/NGTON STREET (SO' wide per Ciry) ~ FND. LOT 1 ORILL IN 7RAN5 wAYNE DODO VOL 512. PG. 126, LC.O.R. LOT 1 1RPVI5 WAYNE DODD 1 VOL 572, PC. 119. LC.D.R. AUG. 12. 1975 ~ ~ CfT3'BLOCX 154 (mplnited) LO7 3 TRAVIS wAYNE DODO VOL 572. G. 121. LC.O.R. AUG. 12. 1975 20 - 7.5' Op ~aY~y ~ y~ U w~ ~O•, T-RAIL EXISTNC SEWER LINE EXISTING SEwER LME ~j5 W TE%AS MIDLAND RAIL ROAD VOL 82. PG 356. LC.D.R. AUG. iB, 1896 CALLED 3.2 AC. LWE DATA Course Bearing Distance U 5 86,5526 w 524.39 L2 5 33'70 24 W 770.79 LJ S 21S5 56 E 87.73 L4 N 80'77 34 W 17.62 LS N 21'55'56 W 68.03 L6 S 3310 24 W 63.14 V N 80'17 34 W 27.80 Q LB N 7J1024 E 85.77 1_9 N 18'5443 w 335.38 a 1 10 N 14'13 50 E 2.24 ¢ L11 N 62'20'19 E 11.75 L12 N 47'S719 E 2.35 L1J S 19'53 26 E 328.78 L14 N 3J'1u 24 E 970.49 L15 5 Bt'37 25 E 22.03 L16 5 33'10 24 W 164.86 Li7 N 86'S5 26 E 514.69 L18 5 01'S1 55 W 15.06 Ug N B410 25 W 371.91 L20 5 33'7U 24 W 220.05 L21 N 81'37'25 W 30,29 L22 N 33'10 24 E 232.15 m L23 N 23'48 52 E 81.91 ~ L24 N 00'09 46 W 54.66 < L25 N 88'54'16 E 46.67 ~ L26 5 23'54 20 W 142.00 L27 5 84'10 25 E 313.19 1_213 S 00'09'24 E 15.OB / y .e 7f ° `..N . DEIINIS E CHAIAIftE ~ \ ~+.:y 5469 ~;Q 9ti`°,°ess~°,r•J~ / SURVEY OF SEWLR EASMENTS ACROSS THREE TRACTS OF LAND SOUTH OF WEST WASFI[NGTON STREET IN THE CITY OF PA21S, LAMAR COUIJTY, TEXAS I 0' 150' 300' A + ~ T-RAIL L4Rti1N R4T7:4N SUR NEY ABSTR9CT NO. 778 0 ~POB-iR~C7 C IfASFfINGTONST R p W FND. 1- IFON PIPE 5 B9'2fi 31'E 193.80' ExISTING SEwER LWE ~ 20' ' 0 TRACT C LoT 1 AGAPE HOUSE WORLD 1NDE uINISTRIES, WC. VOL 1006. PG. 7. LL.R.P.R- AUG. 29, 20D0 -io FNO. 1/2' IR N BB'S4'16'E 253.62I TRACT B 15' _ .-EXISTING SEWER IiNE 5'1 .f7 L28 POB-TRACT B ' . LOT 1 ry ' LQT IA 5 OOV9'24'E 15.40 FND. 3/9' IR ~ FAAtILY HAVEN CRISIS k RESOURCE LENTER INC. Z~.S~ ~ VOI. 669. PG. 461. LC.O.R. 'p" dc VOL 806, PC. 213 L.C.R.P.R. I CONC. l15 OIiCH 1 1 N ~ 0 I 15' ~ L1'! ~ L1 POB-iRACT A s i TRACT A d i U ~ ( a . L0T 5 ~ o ~ TRA~15 WAYNE DOOD VOL 572 PG. 124, L.C.D.R. I AUG. 12. 1975 n~ ? 1 h~ ~ i ~ . I J ~ 1 wl ~ I ~ I FNO. T-RAIL I ~ 1 AREAS ACRES TRACT A - 0.7951 TRACT B - 0.3348 TRACT C - 0.2511 OF ~ ~P ~~15TEqF.,C, 7 LINE DATA L29 5 Oi'S91~ W 116.01 L30 S 23'S4 20 W 150.72 LJ1 S 88'S416 W 46.67 ~}2 N 00'09 46 W 7Z92 ~ L33 N B9'43 05 E 10.45 LJ4 N Ot'02 25 E 157.03 Q L35 N 50'19'25 E 26.39 ~ L36 S Ot'02 25 W 241.43 L37 N 23S4 20 E. 14527 L38 N Ot'S910 E 111.64 W9 5 89'26 31 E 20.01 40 N 80'1 4 W 13 .16 L41 N 00'09'24 W 166.46 UTILITY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT STATE OF TEXAS } COUNTY OF LAMAR } KNOW ALL MEN BY THESE PRESENTS: That I, Travis Wayne Dodd, 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 me 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) the easement and right to construct, reconstruct and perpetually maintain underground sanitary sewer facilities, including manholes at grade (the "Facilities") together with all incidental improvements and all necessary laterals in, upon and across certain real property located in the City of Paris, Lamar County, Texas, as more particularly described in Exhibit "A" which is attached hereto and incorporated herein by reference as if fully set forth herein (the "Easement Area"). In addition to the foregoing, Grantor does hereby grant, bargain and convey a temporary construction easement described as follows: BEING two thirty (30) foot strips of land, running on either side of the permanent utility easement described in Exhibit A attached hereto. 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 facilities placed or to be placed therein; provided that Grantee will, after doing any work in connection with the construction, reconstruction, relocation, inspection, or maintenance of said utility facilities, restore the Premises as close to the condition in which said Premises were 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 - 00011 i 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 utilities placed therein. Grantor does hereby bind himself and his 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 my hand this _ day of .2008. Travis Wayne Dodd STATE OF TEXAS } COUNTY OF LAMAR } BEFORE ME, the undersigned authority, on this day personally appeared Travis Wayne Dodd, 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ day of .2008. Notary Public, State of Texas RETURN T0: City Attorney City of Paris P. 0. Box 9037 Paris,l'X 75461-9037 000118 fI CHALAIRE SURVEYIBOUNDARY • TOPOGRAPHY • CONSTRUCTION Field Notes Tract A- 0.7951 Acre Sewer Easement Located on the Travis Wayne Dodd Property In the City of Paris, Lamar County, Texas Being part of that certain tract of land located in the Asa Jarman Survey, Abstract No. 479 and the Larkin Rattan Survey, Abstract No. 778, in the City of Paris, Lamar County, Texas and described in deeds dated August 12, 1975, to Travis Wayne Dodd, recorded in Volume 572, Pages 121 and 124 of the Lamar County Deed Records (L.C.D.R.), the 0.7951 acre sewer easement is more particularly described by metes and bounds as follows (all bearings cited herein are based on South 01 degrees 51 minutes 55 seconds West assumed along the west right-of-way line of 6th Street SW and the east boundary line of said Dodd tract [called South in L.C.D.R. Vol. 572, Pg. 124]): BEGINNING at a point in the monumented west right-of-way line of 6th Street SW (40' wide per City of Paris; no dedication found) and the east boundary line of said Dodd tract, from which a railroad rail set vertically in the ground (T-rail) found in the north boundary line of that certain called 3.2 acre right-of-way described in deed dated August 18, 1896, to The Texas Midland Rail Road, recorded in Vol. 82, Pg. 356, L.C.D.R., and the southeast corner of said Dodd tract bears South 01 deg. 51 min. 55 sec. West, a dista.nce of 562.14 feet; _ 1.) THENCE South 86 deg. 55 min. 26 sec. West, a distance of 524.39 feet to a point; 2.) THENCE South 33 deg. 10 min. 24 sec. West, a distance of 770.79 feet to a point; 3.) THENCE South 21 deg. 55 min. 56 sec. East, a distance of 87.73 feet to a point in the north boundary line of said called 3.2 acre Texas Midland Rail Road right-of-way and the south boundary line of said Dodd tract, from which a T-rail found for an angle point in the north boundary line of said called 3.2 acre Texas Midland Rail Road right-of-way and the south boundary line of said Dodd tract bears South 80 deg. 17 min. 34 sec. East, a distance of 260.98 feet; 4.) THENCE North 80 deg. 17 min. 34 sec. West, along the north boundary line of said called 3.2 acre Texas Midland Rail Road right-of-way and the south boundary line of said Dodd tract, a distance of 17.62 feet to a point; 5.) THENCE North 21 deg. 55 min. 56 sec. West, a distance of 68.03 feet to a point; 6.) THENCE South 33 deg. 10 min. 24 sec. West, a distance of 63.14 feet to a point in the north boundary line of said called 32 acre Texas Midland Rail Road right-of-way and the south boundary line of said Dodd tract; 7.) THENCE North 80 deg. 17 min. 34 sec. West, along the north boundary line of said called 3.2 acre Texas Midland Rail Road right-of-way and the south boundary line of said Dodd tract, a distance of 21.80 feet to a point, from which a T-rail found in the north boundary line of said called 3.2 acre Texas Midland Rail Road right-of-way bears North 80 deg. 17 min.. 34 sec. West, a distance of 137.16 feet; Page 1 of 3 P.O. Box 1076 • Paris, Texas 75461-1076 • Tel: 903-784-1454 • Fax: 903-784-1452 EXHIBIT g 00011i 8.) THENCE North 33 deg. 10 min. 24 sec. East, a distance of 85.77 feet to a point; 9.) THENCE North 18 deg. 54 min. 43 sec. West, a distance of 335.38 feet to a point in the center of the concrete lining of Baker's Branch, the east boundary line of that certain called 5.33 acre right-of-way described in deed dated July 21, 1896, to Texas Midland Rail Road, recorded in Vol. 82, Pg. 165, L.C.D.R., and the west boundary line of said Dodd tract; 10.) THENCE along the center of the concrete lining of Baker's Branch, the east boundary line of said Texas Midland Rail Road called 5.33 acre right-of-way and the west boundary line of said Dodd tract as follows: North 14 deg. 13 min. 50 sec. East, a distance of 2.24 feet to a point; North 62 deg. 20 min. 19 sec. East, a distance of 11.75 feet to a point; North 47 deg. 53 min. 19 sec. East, a dista.nce of 2.35 feet to a point; 11.) THENCE South 18 deg. 53 min. 26 sec. East, a distance of 32838 feet to a point; 12.) THENCE North 33 deg. 10 min. 24 sec. East, a distance of 930.49 feet to a point in the center of a concrete ditch, the north boundary line of said Dodd tract and the south boundary line of that certain tract of land described in deed dated August 10, 1999, to Family Haven Crisis and Resource Center Inc., recorded in Vol. 906, Pg. 213 of the Lamar County Real Property Records; 13.) THENCE South 81 deg. 37 min. 25 sec. East, along the center of said concrete ditch, the north boundary line of said Dodd tract and the south boundary line of said Family Haven tract, a distance of 22.03 feet to a point; 14.) THENCE South 33 deg. 10 min. 24 sec. West, a distance of 164.86 feet to a point; 15.) THENCE North 86 deg. 55 min. 26 sec. East, a distance of 514.69 feet to a point in the monumented west right-of-way line of 6th Street SW and the east boundary line of said Dodd tract, from which a 3/8-inch iron rod found in the monumented west right-of-way line of 6t" Street SW bears North 01 deg. 51 min. 55 sec. East, a distance of 217.61 feet; 16.) THENCESouth Ol deg. 51 min. 55 sec. West, along the monurnented west right-of-way line of 6b Street SW and the east boundary line of said Dodd tract, a distance of 15.06 feet to the POINT OF BEGINNING and containing 0.7951 acre of land. I, Dennis E. Chalaire, certify that the above property description and the accompanying plat dated August 14, 2008, represent a survey made on the ground under my supervision. QXU,n4 Date Augut 14, 2008 \ ~ ~ Dennis E. Chalaire, R.P.L.S. No. 5469 ~E ,°F, /~Q' ; ~O fR F File: 8075 DENNIS E. CFIRE . F 4 y: 0 5469 ~~:•,,,,FSUR~~ Page 2 of 3 P.O. Box 1076 • Paris, Texas 75461-1076 • Tel: 903-784-1454 • Fax: 903-784-1452 ~ Q4Q12u NOTES: Ii 1. Thc rcfercnce bearing forihis survry is South 01 deg. 51 min. 55 sec. N'ut ~ m,d oiorg ihc monumamea wes<<~shl-ocway rle oteth src«, sw. 3I~ 2~SMcros and bounds dcscripiions ofTracts A, B, and C, datcd August 14, ASAJARAt9NSURVEY y~ 2008, a<company ihis plai. dBSTR:ICTNO. 479 ~ 3. Location of Survey Line shovm herwn is based on infnmiarion in V.I. 669, i Pg. 401, L.C.D.R. T-RAIL - Fnd. RR rail set veniwliy in Ihe ground I L.C.R.P.R. - Lamar Co. Real Property Recoeds pTlD. 3/e' IR L.C.[).R. - Lamar Co. Dced Rccords I P.O.H, - Point Of Beginning FND. 3/r"`\ ~ , R.0 W. - Right-0(-Way ~ MH - Enisving Manhole ~ IR- Iron Rotl FNO. 3/9' IR X~ L33~ ~ a LVEST fi'ASNINGTON STREET (SO' wiAe per Ciry) fND. LOT 2 DRILL IN DOOD L TRA~15 WA2.YNE197 5 VOL 572, PG. 126. LC.D.R. AUC. 7 zo ~ 7.5' `oo T-RhIL L07 4 TRANS WAYNE DODO VOL 572 PC. 179. LC.D.R. AUG. f2. 1975 C/77' BLOCX 154 (unplntted) L0T 3 7RAVI5 WAYNE DODD VOL 5]2, PG. 121. L.C.D.R. AUC. 12. 18~5 E%ISTNG SEWER LINE //X _ E%ISTING SEWER LINE TEXAS MIDLAND RAIL ROAD VOL 92. PG. 356, LGD.R. AUC. 18, 1896 CALLED 3.2 AC. LINE DATA Course Bearing Distonce L1 5 86'55 26 W 524.39 L2 S 33'10 24 W 770J9 L7 5 21'55 56 E 87J3 L4 N BO'17 34 W 17.62 LS N 21'55'56 W 68A3 L6 S 33'10 24 W 63.14 U N 80'17 34 W 21.80 Q LB N 3J'10 24 E 85J7 L9 N 18'S4 43 w 3J5.38 ~ L10 N 1417 5U E 2.24 ¢ L11 N 62'2019 E 11.75 L12 N 47'S319 E 2.J5 1.13 5 184' 3 26 E 328.38 L14 N 73'10 24 E 930.49 Lt5 5 81'37 25 E 22.03 Ll6 5 J310 24 W 164.86 Li7 N 86'S5'26 E 514.69 LiB 5 01'S1 55 W 15.06 L19 N B410 25 W 311.91 L20 5 33'10 24 W 220.05 L21 N 8I'37'25 W 30.29 L22 N 3390 24 E 232.15 m L23 N 23'48 52 E 61.91 ~ L24 N 00'09 46 W 54.66 4 L25 N 88'5416 E 46.67 ~ L26 S 23'54 20 W 142.00 L27 5 8410 25 E 313.19 L28 5 0009 24 E 15.08 SURVEY OF SEWER HASMENTS ACROSS rh. THREE TRACTS OF LAND SOUTH OF WEST WAS}IINGTON STREET IN 7HE COUNTY: LAMAR CITY OF PARIS, LAMAR COUNTY, TEXAS DATE: AUGUST 14, 20 p' 150' 300' SCAI.P: 1"= 150' • r T-RAIL L,f R KI N R 4 TT: AN S UR I'E Y ABSTRdCTNO. 778 O POB-7RACT C If'. 11'ASfIWGTONST. R.O.W. FNO. 1' IRON PIPE 5 9926'3 'E 193.90 EXISTING SEWER LME ~ Zo. . m 1RACT C LOT 1 AGAPE HWSE WORLD K1DE MINISTRIES. INC. VOL 1008. PG. 7, LC.R.P.R. AUG. 28, 2000 -io FNO. 7/2' IR N BB'S4)6'E 253.62' TRACT 6 IS' rEXISTNG SEWER LINE .17.5'J 1-2B POB-1RACT B LOT 1 LpT IA 5 00V9'21'E 45.40' FAAIILY HAVEN CRISIS 8 fND. 3/8' IR RESWRCE LENIER INC. " VOL BBB. PG. 187. LC.D.R. $ VOL 9136. PG. 213 L.C.R.P.R. CONC. ~ D17CH i n i I z I L17 POB-TRACT A i s i o I ~ Z i U LOT S ~ b I ~ TRA"5 WAYNE DODD i VOL. 572, PG 7Y4, IC.D.R. rl a` AUG. 12: 1975 ~S ;r h ti 1 - h ti ~ i j I . , I 1 wl ~ ~I al FND. T-RAIL I I ~ 1 1 AREAS ACRES TRACT A - OJ951 TRACT B 0.3348 TRACT C - 0.2511 OF 1/.Q P~ s*, RF~ 9 /(1~' Ne 1 DENNIS E. CHALAIRE 9':oF.....~..r. l f~.:g 5469 ~ Q. 11 ~ Sl1P~~ t ~INE DATA L29 5 01'5910 W 116.01 L30 S 23S4 20 W 150.72 L31 S BB5416 W 46.67 . L32 N 00'09 46 L3J N 89'43OS E 10.45 L34 N Ol'02 25 E 757.03 Q L35 N 5099 25 E 26.39 ~ L36 5 01'02 25 W 241.43 L37 N 23S4 20 E. 14527 L38 N Ot'S910 E 111.64 L39 5 89'26 Jt E 20.01 L40 N 80'1 4 W 1 7.16 L41 N 00'09 24 W 166,46