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2003-071-RES APPROVE/ACCEPT PERMANENT OF 45' UTILITY EASEMENT FOR CONSTRUCTION OF SEWER LINE RESOLUTION NO. 2003-071 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AUTHORIZING THE APPROVAL AND ACCEPTANCE OF A PERMANENT FORTY-FIVE (45) FOOT UTILITY EASEMENT ON PROPERTY BELONGING TO DON LESTER, BEGINNING AT THE NORTH BOUNDARY LINE OF STATE HIGHWAY 271 GOING NORTH ACROSS LOT 2, CITY BLOCK 347 TO THE NORTH BOUNDARY LINE OF SAID LOT 2 A DISTANCE OF APPROXIMATELY 900 FEET, FOR THE CONSTRUCTION OF A WATER LINE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Engineer has advised the City Council of the need for a permanent utility easement in order to construct a water line across property belonging to Don Lester, being Lot 2, City Block 347; and, WHEREAS, the easement description is shown on Exhibit A, attached hereto; and, WHEREAS, the City Council finds that the above-described utility easement is necessary for the construction of a water line and that the same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, 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 permanent utility easement situated in Lot 2, City Block 347, belonging to Don Lester, to be used for the construction of a water line or other similar utility, such easements substantially in the form attached hereto as Exhibit B, be, and the same are hereby, approved and accepted. Section 3. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 14th day of April, 2003. ~~ ATTEST: ~~\l ~..........~~ ~ Mattie Cunningham, City ClerK: - Survey # 03-041 SHEET 2 OF 3 SHEETS 45.0 FOOT WIDE WATER LINE EASEMENT Beil/g 0.908 acres of land, a pa11 of the Joscph Leach Survey No. 259, lying and being a part of Lot 2 of Block 347 of the City of Paris, Lamar County, Texas. The said Lot 2 being a part of the propcrty as described in a Warranty Deed from J.c. Isomand wifc Mary F.lsomto F.M. Lcster, oateo March 19, 1945 of record in Volume 272 Pagc 504 Decd Records, Lamar County, Texas. The said 0.908 acre easemcnt being described by metes ano bounds as follows: Stal/dil/g at thc Northeast comer of the said F.M. Lester tract and also at the Northeast comer of a Warranty Deed from Victor W. Foster to F.M. Lester, dated May 30, 1966 of recorded in Volume 444 Page 88 Dced Records, Lamar County, Texas, and in the South linc ofa Dced without Warranty from thc Missoun'i Pacific Railroad Company to The Greater Paris Dcvclopment Foundation recorded in Volume 638 Page 114 Deed Records, Lamar County, Texas, a fence comer post, Go South 68032'35" West passing the Northwest comer ofthc F.M. Lestcr tract recorded in Volume 444 Page 88 Deed Records, Lamar County, Texas and the Northeast comer of the F.M. Lestcr the remainder of a tract described in a Warranty Deed from J.c. Isom and wife Mary F. Isom to F.M. Lester, dated March 19, 1945 of record in Volume 272 Pagc 504 Deed Records, Lamar County, Tcxas City of Paris, at a distance of 150.50 and continuing a total distancc of 199.01 feet to a 1/2" sct iron rod along a fence and also being 5 feet East of the West side of a 50 feet wide private road, for the Point of Beginning and the Northwcst corner ofthis watcr line casement. Thel/ce: North 68032'35" East with the North line of the F.M. Lester remainder tract of record in Volume 272 Page 504 Deed Records, Lamar County, Texas of the City of Paris, Statc of Texas, and in the South line of The Greater Paris Development Foundation tract, a distance of 16.14 feet to a 1/2" set iron rod along a fence, for thc Northernmost Northeast comer of this water line casement. Thel/ce: South 000 I 0'22" Wcst leaving the North line of the F.M. Lester remainder tract of record in Volume 272 Page 504 Deed Records, Lamar County, Texas of the City of Paris, State of Texas, and the South line of The Greater Paris Developmcnt Foundation tract, a distance of 5.38 feet to a 1/2" set iron rod, for an insidc comer of this watcr linc easement. Thel/ce: North 68032'35" East a distance of 32.27 to the East side of a 50 feet wide private road, and in the West side of the F.M. Lester tract recorded in Volume 444 Pa~e 88 Deed Records, Lamar County, Texas and the East line of the F.M. Lester remainder~ f tract of record in,.Volumc 272 Pagc 504 Deed Records, Lamar County, Tcxas City of';. Paris, to a 1/2" set iron rod for the most Eastcrly Northcast corncr of this construction easemcnt. Thel/ce: South 00010'22" West passing the Northeast comer of Lot 2 Block 347 and the Northwest of Lot I Block 353 comer of the City of Paris, State of Texas, at a distance of 192.46 and continuing a total distance of 898.22 feet along the East side of a 50 feet wide private road, and the West line ofthc following adjoiners of Block 353 of the City of Paris,Tcxas, F.M. Lestcr recorded in Volume 444 Page 88, Victor W. Foster Lot 2-A recorded in Volume 391 Pagc 22, Ernest Taylor Lots 2 and 1-0 recorded in Volume 650 Page II and in Volume 389 Pagc 116, James D. Hutchens Lot I-A recorded in Volume 610 Page 580, Barney Bray 1Il Lot I-B rccorded in Volume 610 Page 797, Don Lcster Lots I and I-C of record in Volume 272 Page 504 Deed Records, Lamar County, Texas, to a 1/2" set iron rod in the North Right-of-Way of State Highway 271, for the Souteast Comer of this construction easement. Survey # 03-041 SHEET 3 OF 3 SHEETS 45.0 FOOT WIDE WATER LINE EASEMENT Thellce: North ~0036'40" West along a curve to the right with the North Right-of-Way of State Highway 271, a distance of 51.56 feet, Radius =3769.72', D = 01031 '12", Delta = 00047'01", Chord = 51.56', Tangent = 25.78', to a 1/2" set iron rod at North Right-of-Way of State Highway 271, and also being 5 feet East of the West side ofa 50 feet wide private road, to a 1/2" set iron rod for the Southwest comer of this construction easement. Thellce: North 00010'22" West passing the North line of Lot 2 Block 347 of the City of Paris, State of Texas, at a distance of 712.07 and continuing a total distancea distance of 860.58 feet, along and being 5 feet East of the West side ofa 50 feet wide private road, to the POINT-Of-BEGINNING and containing 0.908 acres ofland. I, Mark L. Sanderson Registered Professional Land Surveyor #4911, State of Texas, do hereby certify the above was taken from measurements made upon the ground on 2-2 1- 2003 and are true and correct. / / {///.. ,{ _.~/ (~--- MARK L. SANDERSON R.P.L.S. #4911 "4:' '" I)- ~.. . UTILITY EASEMENT STATE OF TEXAS COUNTY OF LAMAR } } KNOW ALL MEN BY THESE PRESENTS: That I, Don Lester of Lamar County, Texas, (hereinafter referred to as Grantor) for and in consideration of the sum of ONE DOLLAR ($1.00) cash, and other good and valuable consideration, to us in hand paid by the CITY OF PARIS, Paris, Texas, the receipt and sufficiency of which is hereby acknowledged, do hereby sell, give and grant unto the said CITY OF PARIS, a municipal corporation, of Lamar County, Texas, (hereinafter referred to as Grantee) a perpetual utility easement described as follows: BEING 0.908 acres ofland, a part of the Joseph Leach Survey No. 259, lying and being a part of Lot 2 of Block 347 of the City of Paris, Lamar County, Texas. The said Lot 2 being a part of the property as described in a Warranty Deed from J. C. Isom and wife Mary F. Isom to F.M. Lester, dated March 19, 1945 of record in Volume 272 Page 504 Deed Records, Lamar County, Texas. The said 0.908 acre easement being described by metes and bounds as follows: Standing at the Northeast corner of the said F .M. Lester tract and also at the Northeast corner of a Warranty Deed from Victor W. Foster to F.M. Lester, dated May 30, 1966 of recorded in Volume 444 Page 88 Deed Records, Lamar County, Texas, and in the South line of a Deed without Warranty from the Missouri Pacific Railroad Company to The Greater Paris Development Foundation recorded in Volume 638 Page 114 Deed Records, Lamar County, Texas, a fence corner post, Go South 68032'35" West passing the Northwest corner of the F.M. Lester tract recorded in Volume 444 Page 88 Deed Records, Lamar County, Texas and the Northeast corner of the F.M. Lester the remainder of a tract described in a Warranty Deed from J.C. Isom and wife Mary F. Isom to F.M. Lester, dated March 19, 1945 of record in Volume 272 Page 504 Deed Records, Lamar County, Texas City of Paris, at a distance of 150.50 and continuing a total distance of 199.01 feet to a 1/2" set iron rod along a fence and also being 5 feet East of the West side of a 50 foot wide private road, for the Point of Beginning and the Northwest corner of this water line easement. THENCE: North 68032'35" East with the North line of the F.M. Lester remainder tract of record in Volume 272 Page 504 Deed Records, Lamar County, Texas of the City of Paris, State of Texas, and in the South line of The Greater Paris Development Foundation tract, a distance of 16.14 feet to a 112" set iron rod along a fence, for the Northernmost Northeast corner of this water line easement. THENCE: South 00010'22'" West leaving the North line of the F.M. Lester remainder tract of record in Volume 272 Page 504 Deed Records, Lamar County, Texas of the City of Paris, State of Texas, and the South line of The Greater Paris Development Foundation tract, a distance of 5.38 feet to a V2" set iron rod, for an inside corner of this water line easement. EXHIBIT E.. THENCE: North 68032'35" East a distance of 32.27 to the East side of a 50 foot wide private road, and in the West side of the F.M. Lester tract recorded in Volume 444 Page 88 Deed Records, Lamar County, Texas and the East line of the F.M. Lester remainder tract of record in Volume 272 Page 504 Deed Records, Lamar County, Texas City of Paris, to a V2" set iron rod for the most Easterly Northeast comer of this construction easement. THENCE: South 00010'22" West passing the Northeast comer of Lot 2 Block 347 and the Northwest of Lot 1 Block 353 comer of the City of Paris, State of Texas, at a distance of 192.46 and continuing a total distance of 898.22 feet along the East side of a 50 foot wide private road, and the West line of the following adjoiners of Block 353 of the City of Paris, Texas, F.M. Lester recorded in Volume 444 Page 88, Victor W. Foster Lot 2-A recorded in Volume 391 Page 22, Ernest Taylor Lots 2 andl-D recorded in Volume 650 Page 11 and in Volume 389 Page 116, James D. Hutchens Lot I-A recorded in Volume 610 Page 580, Barney Bray III Lot I-B recorded in Volume 610 Page 797, Don Lester Lots 1 and l-C of record in Volume 272 Page 504 Deed Records, Lamar County, Texas, to a 1/2" set iron rod in the North Right-of-Way of State Highway 271, for the Southeast Comer of this construction easement. THENCE: North 6006'40" West along a curve to the right with the North Right-of-Way of State Highway 271, a distance of 51.56 feet, Radius =3769.72', D = 01031'12", Delta = 00047'01", Chord = 51.56', Tangent = 25.78' to a 1f2" set iron rod at North Right-of-Way of State Highway 271, and also being 5 feet East of the West side of a 50 foot wide private road, to a 1/2" set iron rod for the Southwest comer of this construction easement. THENCE: North 00010'22" West passing the North line of Lot 2 Block 347 of the City of Paris, State of Texas, at a distance of 712.07 and continuing a total distance of 860.58 feet, along and being 5 feet East of the West side of a 50 foot wide private road, to the POINT-OF-BEGINNING and containing 0.908 acres of land. The above field notes being taken from an actual survey made on the ground by Mark L. Sanderson, Registered Land Surveyor of Texas, #4911 February 21, 2003, reference being here made to all instruments and records for all necessary purposes. 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 utilities 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 utilities facilities, restore the surface 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, 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, 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 12th day of June, 2003. Don Lester STATE OF TEXAS } COUNTY OF LAMAR } BEFORE ME, the undersigned authority, on this day personally appeared Don Lester, 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 June, 2003. Notary Public, State of Texas RETURN TO: City Attorney, City of Paris P. O. Box 9037 Paris, TX 75461-9037 r :~'t~ 'c.J '- eTXU TXU Business Services 1601 Bryan Street Dallas, TX 7S201 September 27,2004 City Official Re: TXU Gas - Rider GCR Rate Filing under Docket No. 9400 Enclosed is TXU Gas' Statement of Rider GCR applicable October 2004 through December 2004 prepared in accordance with the order of the Railroad Commission of Texas under Docket No. 9400. Should you have any questions, please let me know. 1<~~ Rich Reis Attachment ~~8 ex:~~~ U ex: w . C)WUO ex:IDZZ W::Ee(1- CWCW enii2Uex:~ e(LLWOU C)OCUO ::;) I U c x!z~e(en I-WOZ!:!:! N-I- ::Eex:C- WWW~ ~1Dex:1- I-Oe(::;) enl-a.en UWe( 0g:C) ~8~ ~ 0........ uj:!M ....1><0 ctilli .. N ... ~ 1: ~ en ;t: .~ :5~ ilS c.C us CD;;; o<<io UC)U lQ~lQ C)UC) '0 '0 '0 ,S!,S!,S! ~ ~ ~ ;; += ;; II) II) II) WWW ~I ....NM ~.ClO o ........ <0..... ...... . . M.<O ......NIt) .......M N . . ~~ N ... 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