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2008-063-RES AUTHORIZING THE GRANTING OF AN EASEMENT TO ONCOR ELECTRIC DELIVERY COMPANY LLC TO PROVIDE THREE PHAS ELECTRICAL SERVICE TO METER POLE AT OIL TANK LOCATION AT DEAD END OF HICKORY STREETRESOLUTION NO. 2008-063 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE GRANTING OF AN EASEMENT TO ONCOR ELECTRIC DELIVERY COMPANY LLC TO PROVIDE THREE PHASE ELECTRICAL SERVICE TO METER POLE AT OIL TANK LOCATION AT DEAD END OF HICKORY STREET; MAKING OTHER FINDIIVGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the city of Paris has requested Oncore Electric Delivery Company LLC to provide three phase electrical service to a meter pole at the new oil storage tank location on the City's Public Works property at the dead end of Hickory Street and has requested a twenty foot by eighty-nine foot (20'X 89') easement at the dead end of Hickory Street going north on Lot 16, City Block 251-A; and, WHEREAS, said easement is for a power service line recently installed at Public Works for the new oil storage tank; and, WHEREAS, the Ciry Council finds that the above-described utility easement is necessary for said power service line and that the same should be approved, and the Mayor should be authorized to execute said easement on behalf of 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 easement requested by Oncor Electric Delivery for a power service line at Public Works for the new oil storage tank, be, and the same is hereby approved, and the Mayor be, and he is hereby, authorized to execute said Utility Easement in a form acceptable to the City Attorney. Section 3. That this resolution shall be effective from and after the date of passage. PASSED AND APPROVED this 11th day of August, 2008. ATTEST: , . nice Ellis, City Clerk J sse Jam '7reelen, Mayor APPROVED AS TO FORM: W. Kent McIlyar, Ci orney UTILITY EASEMENT STATE OF TEXAS } COUNTY OF LAMAR } KNOW ALL MEN BY THESE PRESENTS: That the City of Paris, Texas a home rule municipal corporation located in 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 it in hand paid by Oncor Electric Delivery Company LLC, the receipt and sufficiency of which is hereby acknowledged, does hereby sell, give and grant unto the said Oncor Electric Delivery Company LLC, Lamar County, Texas, (hereinafter referred to as Grantee) a utility easement described as follows: SITUATED within the corporate limits of the City of Paris, County of Lamar and State of Texas, and being a part of Lot 16, City Block 251A, belonging to the City of Paris, being a 20' utility easement as pictorially described on Exhibit A attached hereto, and being more particularly described as follows: BEGINNING at a point for corner in the southeast corner of Lot 16, City Block 251A at the north boundary line of Hickory Street at its dead end; THENCE North in a northwesterly direction along the boundary line of said Lot 16 a distance of approximately 89 feet to a point for corner; THENCE East a distance of 20 feet to a point for corner; THENCE South in a southeasterly direction to a point for corner in the north boundary line of Hickory Street; THENCE West along the north boundary line of Hickory Street a distance of 20 feet to the point of beginning and containing approximately 1780 square feet. TO HAVE AND TO HOLD the above property unto Oncor Electric Delivery Company LLC 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 EXHIBIT -L 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 Grantor(s) shall not erect or place any building, fence, tree or other permanent structure on the above-described 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 successors and assigns to warrant and forever defend, all and singular, said premises unto Oncor Electric Delivery Company LLC against every person whomsoever lawfully claiming or to claim the same or any part thereof. WITNESS my hand this 11th day of August, 2008. Jesse James Freelen, Mayor STATE OF TEXAS } COUNTY OF LAMAR } BEFORE ME, the undersigned authority, on this day personally appeared Jesse James Freelen, Mayor of the City of Paris 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 August, 2008. Notary Public, State of Texas RETURN T0: Oncor Electric Delivery Company LLC 0810112008 12:00 19037849108 ONCOR EL=C FAGE 01f01 "EXHIBIT A" , 11~: ~ ~f III ~ ~ 244, 0 z 0- J ~ 89 fT ~ z ~ "7 ' . . . . " . ~ ~f ~~►t,~lt~l' _ / / d • x ~ - ~ L_eQend - - - • - ' - ' ' Existing Pawer Line Fence Line rlM~ y"5`~r,~'F~,~.;= Denotes Oncor Electric Delivery Company LLC Easement Easement Width - 20 Feet The intent on actahisurvey. Callsoshown aae refe ence Xonfy. No Stateme th 5 made to the valid ty Intended as a of these calls. GRANTOR(s): Counry: Lamar Cfly of Paris Block 251-A Lot 16