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2003-074-RES APPROVE/ACCEPT PERMANENT UTILITY EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FOR 24" WATER LINE RESOLUTION NO. 2003-074 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AUTHORIZING THE APPROVAL AND ACCEPTANCE OF PERMANENT UTILITY EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FOR THE CONSTRUCTION OF THE 24 INCH WATER LINE ASSOCIATED WITH THE NEW ELEVATED WATER STORAGE TANK; 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 permanent utility easements and temporary construction easements in order to construct water lines; and, WHEREAS, the easement descriptions are shown on Exhibit A, attached hereto; and, WHEREAS, the City Council fmds that the above-described utility easements are necessary for the construction of the water lines associated with the new elevated water storage tank, 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 easements and temporary construction easements for the construction of water lines associated with the new elevated water storage tank, 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: APPROVED AS TO FORM: FIELD NOTE DESCRIPTION FOR WATER LINE EASEMENT TWO G'S LOT 16, CITY BLOCK 201 CITY OF PARIS LAMAR COUNTY, TEXAS All that certain lot, tract or parcel of land for a permanent water line easement generally 20.00 feet in width situated in the Asa Jarman Survey, Abstract 479, Lamar County, Texas, and being a part of Lot 16, City Block 201 described in a deed from BIENCO, Inc., a Texas general partnership, to TWO G's, a Texas general partnership, recorded in Volume 107, Page 212 of the Deed Records of Lamar County, Texas, being more particularly described by metes and bounds as follows: BEGINNING at a point for the Northwest corner of Lot 16, same corner also being the Northeast corner of Lot 15, City Block 201 described in a deed to Larry D. Hunt, recorded in Volume 1086, Page 059, Tract Two, of the Deed Records of Lamar County, Texas, said corner also being on the south right-of-way line of Maple Avenue; THENCE East, with the north property line of Lot 16, same being also the south right-of- way line of Maple Avenue, a distance of 20.00 feet to a point for the northeast corner of the 20' Water Line Easement; THENCE South, leaving the north property line of Lot 16 and said south right-of-way line of Maple Avenue, a distance of 324.04 feet to a point for the southeast corner of said 20' Water Line Easement, said corner being in the south property line of Lot 16, same corner being also in the north right-of-way line of U.S. Highway 82, Bonham Street; THENCE West, with the south property line of Lot 16 and said north right-of-way line of U.S. Highway 82, a distance of 20.00 feet to point for the southwest corner of Lot 16, the same being also the southeast corner of Lot 15A, Block 201 described in a deed to Larry D. Hunt, recorded in volume 1086, Page 059, Tract One, of the Deed Records of Lamar County, Texas; THENCE North, with the west property line of Lot 16 and the said east property lines of Lot 15 and Lot 15A, a distance of 324.04 feet to the POINT OF BEGINNING and containing 6,480.80 square feet or 0.1488 of an acre of land. I hereby certify that the above description was prepared from an actual survey made on the ground under my direction and supervision during the months of June 2002 and February 2003. GIVEN UNDER MY HAND AND SEAL this date, 18 February 2003. c;?J ~~ Z-/fj.Q3 Billy Frank Davis, Jr. Registered Professional Land Surveyor A Texas Registration No. 4671 EXHIBIT . Alice Pinalto From: Sent: To: Subject: Shawn Napier Wednesday, March OS, 2003 9:48 AM Alice Pinalto 24" Water line easements Frank Davis's telephone # (903) 581-7844 The two Gary's are Gary Nash Gary Callaway All they want in return for the easement is a pledge from the city that we will remove any trees that die near the excavation area. The time period they would like is 3 years. Shawn Napier, P.E. City Engineer 1 ASA JARMAN SURVEY ABSTRACT NO. 479 P.O.B. LOT 15 CITY BLOCK 201 .... o N ~O\ I-UIf) zoo ::::>..Jl.:) :I:~Q. ~<t ' If)..o ~....~ 0::011.... 0:: . <tIf)..J ...1....0 (1)> I- o ...I LOT 15A 20-FT 'JATER LINE EASEMENT LINE BEARING L1 EAST L2 SOUTH L3 'JEST L4 NORTH DIST ANCE 20.00' 324.04' 20.00' 324.04' B'w'R PROJECT NO. 2002140 SCALE. 1" = 100' DATE. F'EBRUARY 17, 2002 I I I I @ I --------~. CITY BLOCK 196 --------" -------------- LOT 16 @ ....N 0.... NN ~w UlUl.:) , o<t l.:)..JQ. o~ , =- ,I' 1-..00 ........ I-...i 00 ...I> LOT 18 .... UO ..JNM ..J~M ,UM ~ow O::..Jl.:) ~~<t 'ai'Q. c::::a-c...; ~elI~ ,....1' . ............1 >(1)0 <tl-> j:::lO ...I LOT 17 '\ - - 25-r; ~E;l CONSTRUCTION ~ EASEMENT . ~ CITY BLOCK 197 I I IL-_- \.._--------- MAPLE AVE. ': (r====-='~ I I I I I I I \ I \ J \ I \ I " I , j I Z , :I: I l- I 2:: I '-/ CITY BLOCK 200 0\ I' ,: u: lL__- ......--------- U.S. H'JY 82 (BONHAM STREET> ""--------- " '1--- I'jl M . I .... II) II ,:~ II u: 0\ II ....1 '-/1 I, BILL YFRANK DAVIS, JR" REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT THIS BOUNDARY DESCRIPTION REPRESENTS THE RESULTS OF A SURVEY MADn; GROUND IN JUNE 2002 AND FEBRUARY 2003 . "'r~ Z-/~-c3 BILLY FRANK DAVIS, JR. REGISTERED PRDF'ESSIONAL LAND SURVEYOR STATE OF TEXAS NO. 4671 20' 'WATER LINE EASEMENT T\tIO G' 5 601 SHELLEY DR., SUITE 202 TYLER, TX 75701 ....... B U C HER, \J 1 L LI S 8x RAT L IFF ..,.,..... CORPORATION 24" RCCP W'ATER TRANSMISSION LINE CITY OF PARIS, TEXAS FIELD NOTE DESCRIPTION FOR WATER LINE EASEMENT SARALEE BAKERY GROUP LOTS 3A, 4,.5 and 6, CITY BLOCK ?98 CITY OF PARIS LAMAR COUNTY, TEXAS All that certain lot, tract or parcel of land for a permanent water line easement generally 20.00 feet in width situated in the Reddin Russell Survey, Abstract 786, Lamar County, Texas, and being a certain called 90.62 acre tract of land, being a part of Lots 3A, 4, 5 and 6, City Block 298, described in a deed from the Paris, Texas Industrial Foundation, Inc., to Merica, Inc., recorded in Volume 548, Page 464, of the Deed Records of Lamar County, Texas, being more particularly described by metes and bounds as follows: COMMENCING at a W' iron rod found for the southeast corner of said 90.62 acre Merica, Inc. tract, being in the north right-of-way line of Center Street and being in the west property line of a called 22.73 acre tract of land described in a deed to Paris Packaging, Inc., recorded in Volume 793, Page 249, Tract One, of the Deed Records of Lamar County, Texas THENCE North, along the east property line of said 90.62 acre tract, and the west property line of said 22.73 acre Paris Packaging, Inc., Tract One, a distance of 754.47 feet to a point for the northerly southeast corner of said water line easement, said point being the POINT OF BEGINNING; THENCE following the south and east lines of said water line easement, the following calls: South 840 24' 51" West, a distance of 778.43 feet to a point for corner; South 460 26' 02" West, a distance of 48.04 feet to a point for corner; North 430 33' 58" West, a distance of 14.61 feet to a point for corner; South 4r 22' 26" West, a distance of 344.03 feet to a point for corner; South 000 19' 04" East, a distance of 270.97 feet to a point for corner; North 890 40' 56" East, a distance of 19.12 feet to a point for corner; South 450 19' 04" East, a distance of 110.13 feet to a point for corner; South 000 19' 04" East, a distance of 46.36 feet to a point for corner; being in the south property line of said 90.62 acre tract, being also in the north right-of-way line of Center Street; THENCE North 890 20' West, with said south property line and said north right-of-way line, a distance of 20.00 feet to a point for corner; THENCE North 000 19' 04" West, leaving said south property line and said north right- of-way line, a distance of 37.73 feet to a point for corner; FIELD NOTE DESCRIPTION WATER LINE EASEMENT Sara Lee Bakery Group Page2 THENCE North 450 19' 04" West, a distance of 93.56 feet to a point for corner; THENCE South 890 40' 56" West, a distance of 10.84 feet to a point for corner; THENCE South 000 19' 04" East, a distance of 102.57 feet to a point for corner, being in the south property line of said 90.62 acre tract, being also in the north right-of-way line of Center Street; THENCE North 890 20' West, with said south property line and said north right-of-way line, a distance of 20.00 feet to a point for corner; THENCE following the west and north lines of said water line easement, the following calls: North 00 19' 04" West, a distance of 402.04 feet to a point for corner; North 4JO 22' 26" East, a distance of 389.53 feet to a point for corner; North 840 24' 51" East, a distance of 810.03 feet to a point for corner, being in the east property line of said 90.62 acre tract, being also in the west property line of said 22.73 acre Paris Packaging, Inc., Tract One; THENCE South, with the east property line of said 90.62 and the said west property line of said 22.73 acre tract, a distance of 20.00 feet to the POINT OF BEGINNING and containing 35,440.30 square feet or 0.8156 of an acre of land. I hereby certify that the above description was prepared from an actual survey made on the ground under my direction and supervision during the months of June 2002 and February 2003. GIVEN UNDER MY HAND AND SEAL this date, 24 February 2003. 5J~ 2-2i~~3 Billy Frank Davis, Jr. Registered Professional Land Surveyor Texas Registration No. 4671 "---' @ .,... ~ G) Iie'-:- MI. gaF "ji" i~; llIil .... ~B! "' 0: ,,:, llIlo ~~. illle~ II> .... '" j!'i= 0: n s=:a M '}I ;::II!~ ~ r~ eo Mi1~ ....:: il~n .. 5 ~ r1 - @ I I @ i i i i ,.. ,.. ,.. ,.. ~ ,.. ,.. E ,.. ,.. ,.. ... ,.. ,.. ,.. ,.. ,.. ,.. iD ~ 0: '" W N (; '" "' ... II' .. .. ... 1\1 C ~ n 1"'1 .... z .... f ~ .... Z z ~ z .... f ~ .... ~ .... ~ ~ z ~ "' z <> "' ~ ~ ~ -I "' "l u: "' "l u: "! "l 0: '" 1"'1 .... "! .. "! II> ... 1\1 1\1 ... ;0 s ~ II> ;q ;q ;q ;q ;q ;q .. ;q Ii II! ~ "! 1\1 "! "! "l II' ': Vl :t !!1 II> ~ ~ .. <> <> "! <> <> .. <> 1\1 .. .,; !!1 ~ -I 0: 0: .. ': ': ': 0: .. 0: II! II! c c ;0 '" ... ... c ... c c c ... ... ... ... c c c C 1"'1 ;,. 1"'1 .. -I "l ... '" ... '" ~ ;; ~ ~ c; '" ... II> .. ;a .. i "' '" <> ... ... <> II' <> ... : .. "' '" <> ~ b U. b <> U. ~ U. " ~ w ;;; iii ;" b !!: ~ Co! Co! ': <> 'i 0: Co! 0: 'i Co! ... ;0 1"'1 t::l l>t::l lZl- VlZ -I ;;0;;0 l>C nVl -IVl 1"'1 zr. pr ~~ (7\~ 1"'1 -< " ~ (?\ I \!V I I \ I .C. ".8~ z "' '! ... <> .: I II> ~ c !: ...'" "'''! C;l\ ~~ ~i 'l-t ... Z -t j} .r" < ,..E ~nc> ~3~~ ~. yM ~~~?~ ~~~:'"A . ~NUI~ ....o..~ tCD~~ n'" S!"! ....-t :iJ~ 5~ -> c", z.. COMMeNceMeNT. NORTH - 754.47' NORTH - 818' < P9,..~ .....-<0_ ~cs.;:"" h:"R~~ ;"~""~ II>~"'Z .."' '" ... I I I EJ" ! :. 1--". ~ I II . ~ - I 8._ . a ~,I . h .a . 24' '.lATER TRANSMISSION LINE CITY OF PARIS. TEXAS WATER LINE EASEMENT SARA LEE BAKERY GROUP ..""1 .' , .n...~ . .. D FIELD NOTE DESCRIPTION FOR WATER LINE EASEMENT BILLY McELYEA LOT 1, CITY BLOCK 241 CITY OF PARIS LAMJ\.R COUNTY, TEXAS All that certain lot, tract or parcel of land for a permanent water line easement generally 20.00 feet in width situated in the Asa Jarman Survey, Abstract 479, Lamar County, Texas, and being a part of Lot 1, City Block 241 described in a deed from Louise Huggins to Billy McElyea, recorded in Volume 1014, Page 162 of the Deed Records of Lamar County, Texas, being more particularly described by metes and bounds as follows: COMMENCING at a Y2" iron rod found for the northwest corner of said Lot 1, being also in the south property line of Walker Park, City of Paris; THENCE East, along the north property line of said Lot 1, a distance of 131.50 feet to a point for the northwest corner of said water line easement, said point being the POINT OF BEGINNING; THENCE East, with the north property line of Lot 1, a distance of 20.00 feet to a point for the northeast corner of said 20' Water Line Easement, being also the northeast corner of Lot 1; THENCE South, with the east property line of Lot 1, a distance of 522.15 feet to a point for the southeast corner of said 20' Water Line Easement, said corner being in the southeast corner of Lot 1, same corner being also in the north right-of-way line of Graham Street; ! THENCE West, with the south property line of Lot 1 and said north right-of-way line of Graham Street, a distance of 20.00 feet to point for the southwest corner of said water line easement; THENCE North, 522.15 feet to the POINT OF BEGINNING and containing 10,443.01 square feet or 0.2397 of an acre of land. I hereby certify that the above description was prepared from an actual survey made on the ground under my direction and supervision during the months of June 2002 and Fe0 G'5.:ER MY HAND AND SEAL this date, 25 February 2003. '2 -ZS-Q,3 Billy Frank Davis, Jr. Registered Professional Land Surveyor Texas Registration No. 4671 N.IJ.C 1/2' I.R. (FND> IJALKER PARK CITY OF PARIS P.O.B. @ N COMMENCEMENTI EAST - 131.5' LOT LOT LOT 6 54 20-FT IJATER LINE EASEMENT LOT 4 @ CITY N ....\0 BLOCK <t..,..... wN 241 LOT 3A >-ll/:~ LOT LOT LOT -Iu<t 6 5 4 wee.. u-I :EllQ. >- ,8 -I........ ~~ . llQe-l -Ie ASA JARMAN > SURVEY ABST NO, 479 30-FT TEMP. CONSTRUCTION EASEMENT LOT LOT LOT 7 8 9 LOT 3 LOT 2 LINE Ll L2 L3 L4 BEARING EAST SOUTH IJEST NORTH DIST ANCE 20.00' 522.15' 20.00' 522.15' @ oj CITY ;i CITY BLOCK BLOCK 192 :I: 191 ~ " .... GRAHAM STREET BIJR PROJECT NO. 2002140 SCALE I l' = 100' DATEI FEBRUARY 26, 2002 20' 'vi A TER LINE EASEMENT BILL Y McELYEA 24' RCCP \,.lATER TRANSMISSION LINE CITY OF PARISI TEXAS I, BILLY rRANK DAVIS, JR., REGISTERED PRorESSIDNAL LAND SURVEYOR, DO HEREBY CERTIry THAT THIS BOUNDAR ....... BUCHER, wILLIS 8x RA TLIFF ..U,.~ CORPORATION 601 SHELLEY DR., SUI TE 202 TYLER, TX 75701 UTILITY EASEMENT STATE OF TEXAS COUNTY OF LAMAR } } KNOW ALL MEN BY THESE PRESENTS: That Paris Packaging, Inc., by and through , 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 me 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: All that certain lot, tract, or parcel of land for a permanent water line easement generally 20.00 feet in width situated within the corporate limits of the City of Paris, County of Lamar and State of Texas, a part of the Reddin Russell Survey, Abstract 786, and being a part of a certain called 22.73 acre Tract One and a called 20.00 acre Tract Two, Lots 7 and 2A, City Block 298, described in deed from the Precision Printing and Packaging, Inc., to Paris Packaging, Inc., recorded in Volume 793, Page 249, Deed Records, Lamar County, Texas, and being more particularly described in metes and bounds as follows: COMMENCING at a 1/2" iron rod found for the most Westerly Northwest corner of said 22.73 acre Paris Packaging, Inc. Tract One, being in the East property line of a called 90.62 acre tract of land described in a deed to Merico, Inc., recorded in Volume 548, Page 464, of the Deed Records of Lamar County, Texas; THENCE South, along the West property line of said 22.73 acre Paris Packaging, Inc., and the East property line of said 90.62 acre tract, a distance of 30.39 feet to a point for the most Westerly Northwest corner of said water line easement, said point being the POINT OF BEGINNING; THENCE South 86019'05" East, a distance of 338.95 feet to a point for corner; THENCE North 04011 '50" East, a distance of 56.92 feet to a point for corner; THENCE South 88058'40" East, a distance of 854.49 feet to a point for corner; being in the East property line of said 22.73 acre Paris Packaging, Inc. Tract One, being also in the West property line of a certain called 1.981 acre tract of land described in a deed to the City of Paris, Texas, recorded in Volume 320, Page 510, of the Deed Records of Lamar County, Texas; THENCE South 03040' East, with said East property line and the West property line of said 1.981 acre City of Paris tract, a distance of 20.07 feet to a point for corner; THENCE North 88058'40" West, a distance of 837.21 feet to a point for corner; EXHIBIT .B. THENCE South 040 11 '50 " West, a distance of 57.82 feet to a point for corner; THENCE North 86019'05" West, a distance of 357.49 feet to a point for corner, being in the West property line of said 22.73 acre Paris Packaging, Inc. Tract One, being also in the East property line of said 90.62 acre tract; THENCE North, with the West property line of said 22.73 acre Tract One and the said East property line of said 90.62 acre tract, a distance of 20.04 feet to the POINT OF BEGINNING and containing 25,028.96 square feet or 0.5746 of an acre of land. and further give and grant a temporary construction easement described as follows: BEING two strips of land twenty-five (25) feet in width each situated within the corporate limits of the City of Paris, County of Lamar and State of Texas, a part of the Reddin Russell Survey 786, and being a part of Lots 7 and 2A, City Block 298, described in deed from Precision Printing and Packaging, Inc., to Paris Packaging, Inc., recorded in Volume 793, Page 249, Deed Records, Lamar County, Texas, said twenty-five (25) foot temporary easements being twenty-five (25)feet North of the North boundary line of said permanent easement and being twenty-five (25) feet South of the South boundary line of said permanent easement. TO HA VE 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, r~locate, 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 itself, its 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 our hands this _ day of _,2003. PARIS PACKAGING, INC. STATE OF TEXAS } COUNTY OF LAMAR } BEFORE ME, the undersigned authority, on this day personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that [they/he/she] executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ day of ,2003. Notary Public, State of Texas RETURN TO: City Attorney, City of Paris P. O. Box 9037 Paris, TX 75461-9037 UTILITY EASEMENT STATE OF TEXAS COUNTY OF LAMAR } } KNOW ALL MEN BY TIlESE PRESENTS: That the Sara Lee Bakery Group, by and through its ,0fBmtIBtY;i It_, (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 me 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: All that certain lot, tract, or parcel of land for a permanent water line easement generally 20.00 feet in width situated within the corporate limits of the City of Paris, County of Lamar and State of Texas, a part of the Reddin Russell Survey, Abstract 786, and being a certain called 90.62 acre tract of land, being a part of Lots 3A, 4, 5, and 6, City Block 298, described in deed a from the Paris, Texas Industrial Foundation, Inc., to Merico, Inc., recorded in Volume 548, Page 464, of the Deed Records of Lamar County, Texas, being more particularly described by metes and bounds as follows: COMMENCING at a Ih" iron rod found for the Southeast corner of said 90.62 acre Merico, Inc. tract, being in the North right-of-way line of Center Street and being in the West property line of a called 22.73 acre tract of land described in a deed to Paris Packaging, Inc., recorded in Volume 793, Page 249, Tract One, of the Deed Records of Lamar County, Texas. THENCE North, along the East property line of said 90.62 acre tract, and the West property line of said 22.73 acre Paris Packaging, Inc., Tract One, a distance of 754.47 feet to a point for the Northerly Southeast comer of said water line easement, said point being the POINT OF BEGINNING; THENCE following the South and East lines of said water line easement, the following calls: . South 84024'51" West, a distance of 778.43 feet to a point for corner; South 46026'02" West, a distance of 48.04 feet to a point for comer; North 43033'58" West, a distance of 14.61 feet to a point for corner; South 47022 '26" West, a distance of 344.03 feet to a point for corner; South 00019'04" East, a distance of 270.97 feet to a point for corner; North 89040'56" East, a distance of 19.12 feet to a point for corner; South 450 19' 04" East, a distance of 110.13 feet to a point for corner; South 00019'04" East, a distance of 46.36 feet to a point for corner; being in the South property line of said 90.62 acre tract, being also in the North right- of-way line of Center Street; THENCE North 89020' West, with said South property line and said North right-of-way line, a distance of 20.00 feet to a point for corner; THENCE North 000 19'04" West, leaving said South property line and said North right-of-way line, a distance of 37.73 feet to a point for corner; THENCE North 45019'04" West, a distance of 93.56 feet to a point for corner; THENCE South 89040'56" West, a distance of 10.84 feet to a point for corner; THENCE South 00019'04" East, a distance of 102.57 feet to a point for corner, being in the South property line of said 90.62 acre tract, being also in the North Right-of-way line of Center Street; THENCE North 89020' West, with said South property line and said North right-of-way line, a distance of 20.00 feet to a point for corner; THENCE following the West and North lines of said water line easement, the following calls: North 0019'04" West, a distance of 402.04 feet to a point for corner; North 47022'51" East, a distance of 389.53 feet to a point for corner; North 84024'51" East, a distance of 810.03 feet to a point for corner, being in the East property line of said 90.62 acre tract, being also in the West property line of said 22.73 acre Paris Packaging, Inc., Tract One; THENCE South, with the East property line of said 90.62 and the said West property line of said)2.73 acre tract, a distance of 20.00 feet to the POINT OF BEGINNING and containing 35,440.30 square feet or 0.8156 of an acre of land. and further give and grant a temporary construction easement described as follows: BEING tWQ strips of land twenty-five (25) feet in width each, situated within the corporate limits of the City of Paris, County of Lamar and State of Texas, a part of the Reddin Russell Survey, Abstract 786, and being a certain called 90.62 acre tract of land, being a part of Lots 3A, 4, 5, and 6, City Block 298, described in deed from the Paris, Texas Industrial Foundation, Inc., to Merico, Inc., recorded in Volume 548, Page 464, Deed Records, Lamar County, Texas, said two twenty-five (25) foot temporary easements being twenty-five (25) feet East of the East boundary line of said permanent easement and being twenty-five (25) feet West of the West boundary line of said permanent easement. TO HA VE 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 itself, its 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 _, 2003. SARA LEE BAKERY GROUP By: STATE OF TEXAS } COUNTY OF LAMAR } BEFORE ME, the undersigned authority, on this day personally appeared of Sara Lee Bakery Group, 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 , 2003. Notary Public, State of Texas RETURN TO: City Attorney, City of Paris P. O. Box 9037 Paris, TX 75461-9037 UTILITY EASEMENT STATE OF TEXAS COUNTY OF LAMAR } } KNOW ALL MEN BY THESE PRESENTS: That we, Billy McElyea and Robbie Allen, 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: All that certain. lot, tract, or parcel of land for a permanent water line easement generally 20.00 feet in width situated within the corporate limits of the City of Paris, County of Lamar and State of Texas, a part of the Asa Jarman Survey, Abstract 479, and being a part of Lot 1, City Block 241, described in deed from Louise Huggins to Billy McElyea, recorded in Volume 1014, Page 162 of the Deed Records of Lamar County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a Ih" iron rod found for the Northwest corner of said Lot 1, being also in the South property line of Walker Park, City of Paris; THENCE East, along the North property line of said Lot 1, a distance of 131.50 feet to a point for the Northwest corner of said water line easement, said point being the POINT OF BEGINNING; THENCE East, with the North property line of Lot 1, a distance of 20.00 feet to a point for the Northeast corner of said 10' Water Line Easement, being also the Northeast corner of Lot 1; THENCE South, with the East property line of Lot 1, a distance of 522.15 feet to a point for the Southeast corner of said 20' Water Line Easement, said corner being in the Southeast corner of Lot 1, same corner being also in the North right-of-way line of Graham Street; THENCE West, with the South property line of Lot 1 and said North right-of- way line of Graham Street, a distance of 20.00 feet to a point for the Southwest corner of said water line easement; THENCE North a distance of 522.15 feet to the POINT OF BEGINNING and containing 10,443.01 square feet or 0.2397 of an acre of land. and further give and grant a temporary construction easement described as follows: BEING a strip of land thirty (30) feet in width situated within the corporate limits of the City of Paris, County of Lamar and State of Texas, a part of the Asa Jarman Survey, Abstract 479, and being a part of Lot 1, City Block 241, described in deed from Louise Huggins to Billy McElyea, recorded in Volume 1014, Page 162, Deed Records, Lamar County, Texas, said thirty (30) foot temporary easement being thirty (30) feet West of the West boundary line of said permanent easement. TO HA VE 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, r~locate, 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, reconstructiOh, 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. Grantors do hereby bind themselves, their heirs, executors and administrators, to warrant and forever defend, all and singular, said premises unto the CITY OF PARIS against every person whomsoever lawfully claiming or to claim the same or any part thereof. WITNESS our hands this 4th day of April, 2003. Billy McElyea Robbie Allen STATE OF TEXAS } COUNTY OF LAMAR } BEFORE ME, the undersigned authority, on this day personally appeared Billy McElyea, 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 April, 2003. Notary Public, State of Texas STATE OF TEXAS } COUNTY OF LAMAR } BEFORE ME, the undersigned authority, on this day personally appeared Robbie Allen, known to me to be the person whose name is subscribed to the foregoing instrument, and acknow ledged to me that she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ day of April, 2003. Notary Public, State of Texas RETURN TO: City Attorney, City of Paris P. O. Box 9037 Paris, TX 75461-9037