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2008-067-RES authorizing the procurement of easements for the West Washington Sewer line replacement project located in he 700 block of West Washington Street areaRESOLUTION NO. 2008-067 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. ATTEST: . , gaNni'c'e-EtIlis, City Clerk ~ esse Jam Freelen, Mayor APPROVED AS TO FORM: ~ W. Kent McIlyar, ity ttorney UTILITY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT STATE OF TEXAS } KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR } 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 properry 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 EXHIBIT A 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 I IC CHALAIRE SURVEYING, INC. S 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 0 1 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 6h Street SW (40' wide per Ciry 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 distance of 562.14 feet; 1.) THENCE South 86 deg. 55 min. 26 sec. West, a distance of 52439 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 A 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 t ac~t~ il Road, recorded in right-of-way described in deed dated 96ine of sa d Midland V o l. 82, P g. 165, L. C. D. R., a n d t h e wst boundar Y 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: Norte lEast d stanl 0 11.75 feet to a pont; North 47 deg ce o. 53 point; North 62 deg. 20 min. 19 s , a min. 19 sec. East, a distance of 235 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.) 'I'HENCE 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 se~ . East, a distance of 514.69 feet to a point in the monumented west right-of-way line of 6 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 6th Street SW bears North 01 deg. 51 min. 55 sec. East, a distance of 217.61 feet; 16.) THENCE- South Ol deg. 51 min. 55 sec. West, along the monurnented west right-of-way line of 6t' 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. undeprtmy uperv s on ompanying plat dated I, Dennis E. Chalaire, certify that the above property Augu s t 14, 2008, r e p r e s e n t a s u r v e y m a d e on he g Y'oun - ~d !or r^i~ ~ Date August 14 2008 ~ Dennis E. Chalaire, R. P. L. S. No. 5 4 6 9 ~~:~o,sTF• t~ ~ File: 8075 DENNIS E. CF1qI.qIRE P ~ 5464 SURV~ ,f ~ Page 2 of 3 P.O. Box 1076 • Paris, Texas 75461-1076 • Tel: 903-784-1454 • Fax: 903-784-1452 NOTES: ~e g for ihis s~irve' Souuh 01 dc651 min. SS scc. wes~ beann ~ n,~,<<e~rn Y's u L,fRKINRATT.4NSURl'EY m~deiooginemo~~m~~~ednshi-otway~=o~aidnu sW4, ASAJARbL4NSURVEY ?I~ ~IBSTR4CTN0.718 B,and G 6u2 Metes and bounds dcscripiions of Tracts A, agSTR~CT N0. 479 2008. accompan)' Inis plat. . ' ST. 3. Loca~ion of Survcy Line shown hereon Is bascd on infom~anon in Vol. 669, IfC IIASf71NGTON ~i MH o~POB-~A~T ~ Pg.40l, L.CD.R. I R o y~ FNO. 1' IRON PIPE T-RAIL - Fnd. RR rail set venicalty in the 6TOUnd S 89'R6'31'E 193.90 F7,p, 3/e' iR ~yg Ex15TING SEWEA LINE L.C.RD..RP.. R. - Lama Co. Real Property Records C. - Lamer Co. Decd Rccords L FND. 3/8' R`~ o ~ I P.O.B.-Poin' OfBcginning I te . Z0 R.O.W. - Righi-OGNay ~ l33 I a MH - Enisun6 Manhole Rlp. ]/e' IR ' MH 0 AC IR - Iron RoE \L0T 1 WEST It'dSHING70NSTREET (SO'wide per Ciry) AGAPE MOUSE N 89'38'23'W 796.77 R.O.W. y~7DE A1INISTRIES, INC. . ~ VOL 1006 PG. 7, LG.A.P.R. FNO. T-RMl AUG. 29. 2000 FND. 1/2' ^ DftILL HOLE J 10 f ' NO. 1/2' IP - LOT 2 IN CONC. ~gN BB'S476'E 253.62 TRANS WAYNE DODO WL. 572. PG. 126, LG.O.R. TRq T B AUG. 12. 19]5 5PNG SEwER UNE ' 75 Ex1 20 J LOT 1 ~ 1AH L27 DEED IINE TRA5 VOL 572. WAYNE DODO PG. 119. LC.D.0.. ' LI9 -bNH TRACT B AUG. 12. 1875 ' L28 . -7.5' pp0- 5 O009'2rE 45.40' LOT 1 LOT IA FND. 3/8' Ift FAMILY MA`/EN CRI515 k h~ RESWRCE CENIER G. ^ 27.5' VOL 669. PG. 461, LC.D.R. PG 213 ~ & ypL 906. 10' R P . LC.R. . CONC. L15 DITCH ~ p~ 15' I L1] C177' BLOCK 154 p08-TRACT A (~mplnued) Ll i ; L0T 3 i I ~ TRAVIS WAYNE DODD TRA TA U VOL 512. PG. 121. LC.O.R. AIIG. 12. 1975 6 . ' I b LOT 5 0 3 20' ' m~hs wnn+c o000 PG. 1I4. LC.D.R. N a 572 VOL 3 ~ i . . AUC. 12: 1975 ~ y ~ti ~ ry ~ ~ I ' 1].5 b 2.5' J I o~ Qli ExISTiNG SEWER UNE I . 1 ~o ExI5i1NC SEWER L INE J i N'W wI m Cri..n Z W Q ' . . I W I oay~ wI~ 1S ,5 ~ pl e s ~D. T-RAIL ~m~ ~ J j MH` I ~ ?p. 0 ' FNO. T-RAIL i ` ~U `15' 1 LJ Lq .I. ' + 5 8017'34'E Z60.B8 t FNO. T-RNL ~ TEXAS MIDUN~ RAIL ROAD yp~. gp, PG. 356, LC.D.R. Al1G. 18, 1886 I AREAS ACRES 7951 0 cnuPO a2 na . TRACT A- TRACT B - 0.3348 TRACT C - 0.2517 LINE DATA Beoring Distance Course L2 5 86'55 26 w S 33'1024 W 524.39 770.79 ~k O F TF e .•('yTE'.., + L3 5 21'S5 56 E 87.73 L4 LS L6 N 80'17 34 W N 1'S5SW 24 W 17.62 6B.03 LINE DATA 63.14 L29 ~NV ' OtW 1101 5469 / 0J2 V O17 34 W 21.80 20 W 5 f LB N 1fl'S443 w 335.38 Q L34 ~ 7/.92 SUmJ N 00'0946 N' ~ ~g UO N 14'135~ E 2.z4 ¢ L33 N 89'4305 E 10.45 1 03 ~.l••~M ~ 157 ' L11 N 62'20 19 E ' 11.75 ~34 35 2 ~ , . 02 25 E N 01 25 E 26.39 ' ~~2 S319 E N 47 . L35 38 19 N 50 43 W 241 ' L13 5 1B'S3 26 E 328. L3fi 9 . 02 25 S Ot 27 145 L14 N 33'10 24 E 930.4 L37 3 . N 23S4 20 E. 64 111 ' L15 5 8177 25 E 22.0 L38 86 . 59 10 E N 01 01 20 ' 1,16 S 33'10 24 W 164. L39 . 26 31 E 5 89 16 W 137 L17 N B6'S5'26 E W S 01'S1 55 514.69 4D 15.06 . N 8 7 34 00'0924 W 166.46 IRE SURVEYING NC. C ~ L7B ~~s N ea•io 2s w W ' 311.e1 05 220 HALA . 101$ $OUiH COLLEGIAiE DR ' PAAIS, TE%AS 7$46~ LZQ L21 10 24 S 33 N 8~-37pg W . 30.29 rn. 507-794-1454 Fa. 903-784-1452 OSS SURVEY OF SEWER EASMGNTS ACR Lzp N 33'10 24 E m 232.15 THREE TRACTS OF LAND SOUTH OF L23 N 23'48 52 E 81,91 WEST WAStIINGTON STREE7 IN THE COUNTY: LAMAR STATE: TEXAS ~2q N 00'09 46 W ' gfi fi LANiAR COl1NTY, TEXAS 8075.DWG CITY OF PA21S 008 FILE' ' L25 L2fi LD S4 I6 E N 88 5 23'S4 20 W 5 84'10 25 E 142.00 373,19 , . pATE_ AUGUS C 14.2 p' 150' 3D0' SCALP: 1" = 150' PAGC~ 30F3 L25 5 00'09'24 E 15.OB iJTILITY EASEMENT AND TEMPORARY CONSTRUCTION EASEM_E_ NT STATE OF TEXAS } KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR } 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 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 forego~ng instrument, expr ssed~and in he apacity executed the same for the purposes and c idea 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 C CHALAIRE SURVEYING INC. S BOUNDARY • TOPOGRAPHY • CONSTRUCTION ` I Field Notes Tract B- 0.3348 Acre Sewer Easement Located on the Family Haven Property In the City of Paris, Lamar County, Texas and Being part of that certain tract of land located in the Asa Jarman Survey, AbTexas and des r bedhn Larkin Rattan Survey, Abstract No. 778, in the City of Paris, Lamar County, lume deeds to Family Haven Crisis and Resource CenC.D.R.) and dat d, A1984, ugust 10 recorded ~orded 669, Page 461 of the Lamar County Deed Records (L. 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 me West assumed along thelwe t r ght of way line of based on South 01 degrees 51 minutes 55 se onds 6"' 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]): per BEGINNING at a point in the monumente boundary 1 nel of said Family Havenotracta from City of Paris; no dedication found) and the east which a 3/8-inch iron rod found for reference eSouth 00 deg. 09 miri 24 sec. Ea t a d tance of east boun d ary l i n e o f s a i d F a m i l y H a v e n t r a c t bears 45.40 feet; - 1.) THENCE North 84 deg. 10 min. 25 sec. West, a distance of 311.91 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. ; ete ditch 3.) THENCE North 81 deg. 37 min. 25 sec. W~ ct a° d the north boundary linerof said Dodd south boundary line of said Family Have , ~ tract, a distance of 30.29 feet to a point; 4.) THENCE North 33 deg. 10 min. 24 sec. East, a distance of 232.15 feet to a point; 5.) THENCE North 23 deg. 48 min. 52 sec. East, a distance of 8191 feet to a point; inch hole 6.) THENCE North 00 deg. 09 min. 46 sec. hesteastdboundary 1 ne of thato ertain tracdrill of land m concrete found for an angle pomt m 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 oi dted lAugut 28r 2000, t h Ag pe House World that certain tract of land described m deed 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 the House tract, a distance of 46.67 feet to aoothe souheast c rner of aid AgapefH use tract west right-of-way line of 7 Street SW f bears North 88 deg. 54 min. 16 sec. East, Page nof 3 f 253.62 feet; P.O. Box 1076 • Paris, Texas 75461-1076 • Tel: 903-784-1454 • Fax: 903-784-1452 8.) THENCE South 23 deg. 54 min. 20 sec. 9.) West, a distance of 142.00 feet to a point; east THENCE South 84 deg. 10 min. 25 sec. East, ~he lmonumented westeright ofwaylline of 6~' boundary line of said Family Haven tract and House Street SW, from which a 1/2-inch iron rod found for the southeast corner of said Agape 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. Eas sa d Fam l e Haven t act a distange of 15.08 feet of 6~` Street SW and the east boundary lme of Y to the POINT OF BEGINNING and containing 0.3348 acre of land. I, Dennis E. Chalaire, certify that the above propertY d und etmy supervs on ompanying plat dated August 14, 2008, repre s e n t a s u r v e y m a d e o n t h e g r o 8 . Date Auaust 14,200 Dennis E. Chalaire, R.P.L.S. No. 5469 ~ o F~ File: 8075 ST qFa y ~ DENNIS E. CHALqIRE - 9..5ass..P..,... .~Q 9'YD ~FSS+0.a.%yo SURV~a~~" Page 2 of 3 P.O. Box 1076 • Paris, Texas 75461-1076 • Tel: 903-784-1454 • Fax: 903-784-1452 NOTES: i. The rt(erence bearins forthis survcy is Sounh 01 dcg. 51 min. 55 scc. Wot mcd along ihe monumrn. west righi-of~way iine oC6th Screet SW. Z.SMeies and bounds tlcuriptions of Traas A, B, and C, daie0 August 14, 2008. accompany 'his plat. 3. Location o(Survcy Line shown hetton is Lascd on infomidrion I. V.I. 669, Pg.401, L.C.D.R. T-RAIL - Fnd. RR reii se, veniwlly in ihe ground L.G.R.P.R. - iamar Co. Reai Properry Records L C..D.R. - Lamer Co. Deed Records P.O.H. - Point Of Beginning RA.w. - Righi-OGWay MH - Existing Manhok IR - Iron RoE i= I~ ASAJARLfANSURI'EY 3 i L4RMINRAiT.9NSURVEY dBSTR.ICTN0.479 ~ I a ABSTR4C7N0.778 WEST iV.4SHINGTONSTREET (SO'wideperCiry) N 119'38'23'w 796.71 LOT { ~ 1RA~15 WAYNE DODO WL 572. PG. 119. LFD.R 1 AUG. 12, 1B]5 ~ ~ pg-1RACT B I 0a99- 24"E 45.40, 3/8' IR 00 $J~ Qs m?' ~ ~ ~nNa ~pog-mACi C IV. FFASN/NGTONST. I p p p FNO. 1' IRON PIPE ~ 5 B9'2631'E 193.90 fNO. 3/6' IR L39 ~ FNO. 3/8~ ~ E%ISTING SEWFR 4NE , J CfIYBLOCK J54 (unplntred) LOT J TRAVIS WAYNE DODD VOL 572. PG. 121, LC.D.R. AUC. 12. 7973 TE%A5 MIOLAND RAIL ROitD VOL 82, PC. 356. LGD.R. AI1G. 1B, 1096 CALLED 3.2 AC. LINE DATA Bearing Diatance S 96'S5 26 W 524.39 S 339024 W 770.79 R S 21'S5 56 E 87.73 N 9077 34 W 17.62 68.03 S 339024 W 63.14 L7 N 8077 34 W 21.80 Q LB N 13'10'24 E 85.77 L9 N 18'54 43 W 335.38' v U 0 N 14'13 50 E 2.24' F Ltt N 62'2019 E 11.75 U 2 N 47'53 19 E 2.35 L13 S 18'S3 26 E 32838 U4 N 331024 E 930.49 US 5 81'3J 25 E 22A3 L16 5 33'70 24 W 164.66 L17 N 56'55'26 E 514.69 L18 5 01'51 55 W 15.06 L19 N 84'10 25 W 311.91 L20 S 33'1024 w 220.05 L21 N 67"37 25 W 30.29 L22 N 33'70 24 E 232.15 m L23 N 23'48 52 E 81.91 ~ L24 N 00'09 46 W 54.66' a L25 N 68'5416' E d6.67 ~ l26 5 23'54 20 W 142.00 L27 5 84'10 25 E 313.19 L28 5 00'09 24 E 15.08 ' 1 i I AREAS ACRES TRACT A - OJ951 TRACT B - 0.3348 TRACT C - 0.2511 ~ DEHNIS E CHAlA1fiE 5488 , . . ~1 9 :0 pFSS~°~'0 / . ~ ao... a fy .u SURVEY OF SEWER EASMC•NTS ACROSS TFIREE TRACTS OF LAND SOUTA OF WEST WASHINGTON STREET IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS LINE DATA L29 S 01'5910 W 116.07 L30 S 23'5420 w 150.72 1,31 S BB'5416 W 46.67 L32 N 00'0946 W 77.92 ' ~ L33 N 99'4305 E 10.45 L34 N 01'02 25 E 157.03 Q LJS N 50'79 25 E 26.39 ~ L36 5 01'02 25 W 241.43 L37 N 2354 20 E.. 14527 L38 N 01'5910 E 111.64 l39 S 89'26 31 E 20.01 N ~ 4 W L41 N 00'09 24 W 166.46 UTILITY EASEMENT STATE OF TEXAS } COUNTY OF LAMAR } KNOW ALL MEN BY THESE PRESENTS: That Agape House World-Wide Ministries, Inc., a Texas non-profit corporation, by and through its President, john Kelley, 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 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. AGAPE HOUSE WORLD-WIDE MINISTRIES, INC. John Kelley, President STATE OF TEXAS } COUNTY OF LAMAR } BEFORE ME, the undersigned authority, on this day personally appeared John Kelley, President, Agape House World-Wide Ministries, 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 S CHALAIRE SURVEYING, INC. I 1:C T BOUNDARY • TOPOGRAPHY • CONSTRUCTION Field Notes Tract C- 0.2511 Acre Sewer Easement Located on the Agape House World Wide Ministries Property In the City of Paris, Lamar County, Texas Being part of that certain tract of land located in the Larkin Rattan Survey, Abstract No. 778, in the City of Paris, Lamar County, Texas and described in deed dated August 28, 2000, to Agape House World Wide Ministries, Inc., recorded in Vol. 1006, Pg. 7 of the Lamar County Real Property Records (L.C.R.P.R.), the 0.2511 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 [deed call South] assumed along the west right-of-way line of 6ffi Street SW and the east boundary line of that certain tract of land described in Vol. 572, Pg. 124 of the Lamar County Deed Records): BEGINNING at a point in the south right-of-way line of West Washington Street (50' wide per City of Paris; no dedication found) and the north boundary line of said Agape House tract, from which a 1-inch iron pipe found in the south right-of-way line of West Washington Street and the west right- of-way line of 6t" Street SW bears South 89 deg. 26 min. 31 sec. East, a distance of 193.90 feet; 1.) THENCE South 0 1 deg. 59 min. 10 sec. West, a distance of 116.01 feet to a point; 2.) THENCE South 23 deg. 54 min. 20 sec. West, a distance of 150.72 feet to a point in the south boundary line of said Agape House tract and the north boundary line of that certain tract of land described in deeds to Family Haven Crisis & Resource Center Inc., dated March 8, 1984, recorded in Vol. 669, Pg. 461, L.C.D.R., and dated August 10, 1999, recorded in Vol. 906, Pg. 213, L.C.R.P.R.; 3.) THENCE South 88 deg. 54 min. 16 sec. West, along the south baundary line of said Agape House tract and the north boundary line of said Family Haven tcact, a distance of 46.67 feet to a 1/2-inch drill hole found for an angle point inthe east boundary line of that certain tract of land described in deed dated August 12, 1975, to Travis Wlyne Dodd, recorded in Vol. 572, Pg. 126, L.C.D.R. for the southwest corner of said Agape House tract and the northwest corner of said Family Haven tract; 4.) THENCE along the west boundary line of said Agape House tract as follows: North 00 deg. 09 min. 46 sec. West, along the east boundary line of said Dodd tract, a distance of 77.92 feet to a 3/8-inch iron rod found in the south right-of-way line of West Washington Street for the northeast corner of said Dodd tract; North 89 deg. 43 min. OS sec. East, along the south right- of-way line of West Washington Street, a distance of 10.45 feet to a 3/8-inch iron rod found in the east right-of-way line of 7`t' Street SW; North 01 deg. 02 min. 25 sec. East, along the east right-of-way line of 7t' Street SW, a distance of 157.03 feet to a 3/8-inch iron rod found for a cutback corner in the south right-of-way line of West Washington Street; 5.) THENCE North 50 deg. 19 min. 25 sec. East, along the south right-of-way line of West Washington Street and the north boundary line of said Agape House tract, a distance of 2639 feet to a point; Page 1 of 3 P.O. Box 1076 • Paris, Texas 75461-1076 • Tel: 903-784-1454 • Fax: 903-784-1452 6.) THENCE South Ol deg. 02 min. 25 sec. West, a distance of 241.43 feet to a point; 7.) THENCE North 23 deg. 54 min. 20 sec. East, a distance of 145.27 feet to a point; 8.) THENCE North Ol deg. 59 min. 10 sec. East, a distance of 111.64 feet to a point in the north boundary line of said Agape House tract and the south right-of-way line of West Washington Street; 9.) THENCE South 89 deg. 26 min. 31 sec. East, along the south right-of-way line of West Washington Street and the north boundary line of said Agape House tract, a distance of 20.01 feet to the POINT OF BEGINNING and containing 0.2511 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. D Date August 14, 2008 . Dennis E. Chalaire, R.P.L.S. No. 5469 - File: 8075 ~ p F r ,e,~ ~~~STERFF~ co DENNIS E. CHAL4IRE. ~ . sass Page 2 of 3 P.O. Box 1076 • Paris, Texas 75461-1076 • Tel: 903-784-1454 • Fax: 903-784-1452 NOTES'. I ~ 1. The reCercnce bwnn6 tor Ihis survey is Cnuth 01 d<g. 51 min. 55 sec. West i mcdalongihemonumemcdwest righi-oGwayllneof6ihSneetSW. 1,qRSJNR477'ANSURFEY assMeiesandboundsAucripYionsofTractsA,B,andC,datedAugustl4, ASAJ.9RlvL4NSURVEY hl~ ABS7R9CTNO.778 2008, acmmpnny ihls pioi. ABSTRaCTNO. 479 3. Location of Survcy Line shown hereon is bascd on in(ormation in Voi. 669, i Pg.401,L.C.D.R. ~ MMO PoB-iRACT c ~~"RSt/lNGTONST. R T-RAIL - Fnd. RR rail set venicalty in Ihe sround I .O.w. FND. t' IRON PiPE ~5 ~97.90' L.C.R.P R. - Lamar Co. Rml Property Rerords F}ID. 3/9' IR 5 8926'3I'E L.C.D.R. - Lemar Ca. Deed Rerords L39 P.O.B. - Paint Of Bcginnin6 FND. J/B~ I o EXISTING SEWER UNE R.O.W. - Righi-0GWay irc I . MH - ExistingManholc L33 ) ih J~ 20 ~i IR - IronRod FND. 3/B' IR WH p T R A . FND. T-RAIL fi'EST WASH(NG70N STREET (SO' wide per Ci N 8978'23'W 796.77 ry) R.O.W. I Y I LOi 7 NOUSE WORLD AGAPEM INISTRIES, INC. VADE ~ . VOL 1006. PG. 7. IG.R.P.R. . AUQ 28. 2000 FND. 1/2 ~ 10' DRILL HOLE M0. 1/2- IR LOT Z IN CONC. N 88'S4~16'E 253.67 TRAVIS WAYNE OODX ' VOL 572. PG. 126, LC.D.R. TRACT B J' . AUC. 12, 1875 ry v 20' i5 E%ISiING SEWER LINE LOT 1 V TRAVIS MA1TlE DODD ' L27 DEED LINE MH VOL 572. PG. 119. 4C.D.R. ' AUG. 12. 1975 7.5'* L28 PDB-TRACT B 40' 15 C ' ' . E 09 2 LOT 1 LOT tA 5 00 FND. 3/8' IR FAMILY HAYEN CRI9S k RESWRLE LENTER INC 27.5' ~ ypL 669. PG 181, LC.D.R. 10' d~ `/OL- BOB. PC. 213 P R C R . . _ . . L 2i CONC. L15 DI7CM ~ n 1 6 I C7T7'BLOCK 154 15' ~ (unpfnlred) ~l POB-TRACT A i LOi 3 i ~ d 7RAVI5 WnYNE DODD I 2 VOl 572. PC. 121. LC.D.R. ~ ~ U AUG. 12. 1875 ~ • . . • I l0T 5 40• ~ 1RAVI5 WAYNE OOOD ` VOL 572. PG. 724, LC.D.R. N< ry I AUG. 12. 1875 ~S L ~ ~ in\ J ~ V ~ u 2.5 ~ ° QI, E%ISTING SEWER LWP I rc° ~j EXISi7NG SEWER LINE Je< W ~ ~ e=n WIa , 'W W ~i ° m~o wl~ ~ ~ i p I fNO. T-RAIL = Q J % I I I ~ MH m ' FNO. T-RML 15. I I LJ ' L4 I J, 5 80'17'34' E 2s0.e8 FND. T -RAIL ~ TE%AS MIDLANO RAIL ROAD VOL 02. PG. 356. LCA.R. AUC. 1B, 1896 CALLED 3.2 AC. LINE DATA Caurse Bearing Distance L1 5 96'55 26 W 524.39 L2 S 33'10 24 W 770.79 L3 S 21'55 56 E 87.73 l4 N 60'17 34 W 17.62 L5 N 21'55'56 W 68.03 L6 S 33'1024 W 63.14 17 N 007734 W 21.80 Q LB N 33'1024 E 85.77 19 N 18'54 43 W 335.38 Q L10 N 14'17 50 E 2.24' ~ 15 L71 N 62'2019 E 11J5 - L12 N 4T5319 E 2.35 L13 5 18'S3 26 E 328.38 L14 N 33'10 24 E 930.49 L15 S B1 'J7 25 E 22.07 L16 5 33'10 24 W 164.06 L77 N B6'S5 26 E 514.69 UB S Oi'S7 55 w 15.06 L19 N 5 4'10'25 W 311.91 L20 S 33'10 24 W .5 2200 L21 N 87'37'25 W 30.29 L22 N 33'10 24 E 232.15 m L2] N 2J48 52 E 81.91 ~ L24 N 00'09 4fi W 54.66 < L25 N BB'54'16 E 46.67 ~ ~2a s 23•sa zo w iaz.oo L27 S B410 25 E 313.19 L28 5 00'0924 E 15.08 LINE DATA L29 S O75910 W 116.01 L30 S 23S4 20 W 150.72 L31 S BB'S416 W 46.67 L32 N 00'09 46 W 77.92 ' ~ L33 N 89'43 05 E 10.45 1 L34 N 01'02 25 E 157.03 ~ a L35 N 50'19 25 E 26.39 ~ L36 5 Ot'02 25 W 241.43 L}7 N 23'S420 E. t45.27 L38 N 01'S910 E 111.64 L39 5 89'26 31 E 2~.01 1-4 4 W N B07 1 .16 L41 9 N 00'0'24 W 166.46 SURVEY OF SEWER EASMENTS ACROSS THREE TRACTS OF LAND SOUTH OF WES7' WASIiINGTON STREET IN?HE CITY OF PARIS, LAMAR COUNTY, TEXAS AREAS ACRES iRACT A - 0.7957 TRACT B - 0.334B TRACT C - 0.2511 ~P:.4p~5TEqFF 9 E ~F.....T. i 6J l P.... o': N ` DE~INIS E. CFiFLAiRE f5469...vjC~ ^ 3 U R`~~