2003-069-RES APPROVE/ACCEPT PERMANENT UTILITY EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS @ WOODARD LIFT STATION
RESOLUTION NO. 2003-069
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 ACROSS LOTS 4 AND 5, CITY BLOCK
170, FOR THE CONSTRUCTION OF A SEWER LINE FOR WOODARD
LIFf STATION; 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 a sewer line for
Woodard Lift Station; 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 a sewer line for Woodard Lift Station, 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
situated across Lots 4 and 5, City Block 170, to be used for the construction of a sewer line for
Woodard Lift Station, such easements 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.
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ATTEST:
SURVEY # 03-0408
1/2" FIR
Roder.Wade Manufacturing
Real Property 498. Page 4S
City Block 170
Lot#4
City of Paris. Texas
Poml of beginning Tract One
Point of beginmng Tract Two
1/2" FIR @ SWC of Lot # S
LINE TABLE
L:1 N 0002'27" W 30.09' :
L.2S1.04'56"W 30.15' I
L-3 S8S02S'3S"W 333.87':
L-4 N 0002'27" W 30.09' :
L-5 N 8502S'3S"E 333.87':
L-6 S 1004'56" W 30.15' i
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Weldon HHliard et. at
Real Property 11 OS, Page 293
City Block 170
Lot #S
City of Paris, Texas
Pass West street :~?"W @ 327.75'
N 85.25'35" E 334.4 '
0.230 ACRES
Tract One ."
L -1 Permanent sewer Easement L-
Tract Two L-5 0230 ACRES
Construction sewer Easement "
S 85025'35" W 333.28 .
Pass West streel R.Q.W @ 6.5
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Street Rtghl.of-W3Y lines
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EXHIBIT A
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Mark L. Sanderson RPLS # 4911
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Survey # 03-040B
SHEET 2 OF 3 SHEETS
TRACT ONE
30.0 FOOT WIDE PERMANENT SEWER LINE EASEMENT
Beillg 0.230 acres ofland, a part of the Larkin Rattan Survey No. 778, lying and being a
part of Lot 5 Block 170 of the City of Paris, Lamar County, Texas. The said Lot 5 being
a part of the property as described in a General Warranty Deed from Wanda Whitaker,
Becky Swain Skinner, and Freddie Swain to Weldon Hilliard ET AL, a Texas General
Patmership, dated July 12,2001 of record in Real Property 1105 Page 293, Real
Property Records, Lamar County, Texas. The said 0.230 acre casement being described
by metes and bounds as follows:
Stalldillg at the Southwest comer of the said Lot 5, a 1/2" found iron rod at a fence
comer post and, at the Southeast comer of Lot 4 of Block 170 of a tract of land conveyed
to Rodgers-Wade Manufacturing Company Inc., Volume 498, Page 45 record in Real
Property Records, Lamar County, Texas, and in the North line of a alley, Go North
00002'27" East along the West line of Lot 5 and the East line of Lot 4 Block 170 of the
City of Paris, Slate of Texas, a distance of 128.89 feet to a 1/2" set iron rod along a
fence, for the Point of Beginning and the Southwest comer of this 30.00 foot pemlanent
sewer easement.
Thellce: North 00002'27" West a distance of 30.09 feet along a fence in the West line of
the referenced tract in Volume 1105 Page 293 Real Property Records and the East
property line of the referenced tract in Volume 498 Page 45 Real Property Records of
Lamar County, Texas, for the Northwest comer of this 30.00 foot penn anent sewer
easement.
Thellce: North 85025'35" East passing the West side of South Main Street at 328.72
feet and continuing a total distance of 334.46 feet to a 1/2" set iron rod along a fence in
the East property line of the referenced tract in Volume 1105 Page 293 Real Property
Records of the City of Paris, State of Tcxas, for thc Northeast comer of this 30.00 foot
pennanent sewer easement.
Thellce: South 01004'56" West a distance of 30.15 feet along a fence to a 1/2" set iron
rod set along a fence, in the East property line of the referenced tract in Volume 1105
Page 293 Real Property Records of the City of Paris, State of Texas for the Southeast
comer of this 30.00 foot pennanent sewer easement.
Thellce: South 85025'35" West passing the West side of South Main Street at 6.12 feelf'
and continuing ~total distance of333.28 feet to the POINT-OF-BEGINNING and n ,"
containing 0.230 acres of land. . .
Survey # 03-040B
SHEET 3 OF 3 SHEETS
TRACT TWO
30.0 FOOT WIDE SEWER LINE CONSTRUCTION EASEMENT
Being 0.230 acres of land, a part of the Larkin Rattan Survey No. 778, lying and being a
part of Lot 5 Block 170 of the City of Paris, Lamar County, Texas. The said Lot 5 being
a part of the property as described in a General Warranty Deed from Wanda Whitaker,
Becky Swain Skinner, and Freddie Swain to Weldon Hilliar(' f.T Ai, a Texas General
Patmership, dated July 12,2001 of record in Real Property 1105 Page 293, Real
Property Records, Lamar County, Texas. The said 0.230 acre casement being described
by metes and bounds as follows:
Standing at the Southwest comer of the said Lot 5, a 1/2" found iron rod at a fence
comer post and at the Southeast comer of Lot 4 of Block 170 of a tract ofland conveyed
to Rodgers-Wade Manufacturing Company Inc., Volume 498, Page 45 record in Real
Property Records, Lamar County, Texas, and in the North line of a alley, Go North
00002'27" East along the West line of Lot 5 and the East line of Lot 4 Block 170 of the
City of Paris, State of Texas, a distance of98.80 feet to a 1/2" set iron rod along a fence,
for the Point of Beginning and the Southwest comer of this construction casement.
Thence: North 00002'27" West a distance of30.09 feet along a fence in the West line of
the referenced tract in Volume 1105 Page 293 Real Property Records and the East
property line of the referenced tract in Volume 498 Page 45 Real Property Records of
Lamar County, Texas, for the Northwest comer of this construction easement.
Thence: North 85025'35" East passing the West side of South Main Street at 327.75
feet and continuing a total distance of 333.87 feet to a 1/2" set iron rod along a fence in
the East property line of the referenced tract in Volume 1105 Page 293 Real Property
Records of the City of Paris, State of Texas, for the Northeast comer of this construction
easement.
Thence South 01004'56" West a distance of 30.15 feet along a fence to a 1/2" set iron rod
set along a fence, in the East property line of the referenced tract in Volume 1105 Page
293 Real Property Records of the City of Paris, State of Texas for the Southeast corner
of this construction easement.
Thence: South 85025'35" West passing the East side of South Main Street at 6.50 feet
and continuing a total distance of333.28 feet to the POINT-OF-BEGlNNING and
containing 0.230 acres of land.
I, Mark L. Sanderson Registered Professional Land Surveyor #491 1, State of Texas, do
hereby certify the above was taken from measurements made upon the ground on
2/18/2003 and are true and correct.
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MARK L. SAN ON R.P.L.S. #4911
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Survey # 03-040A
SHEET 2 OF 3 SHEETS
TRACT ONE
30.0 FOOT WIDE PERMANENT SEWER LINE EASEMENT
Beillg 0.617 acres ofIand, a part of the Larkin Rattan Survey No. 778, lying and being a
part of Lot 4 Block 170 of the City of Paris, Lamar County, Texas. The said Lot 4 being
a part of the property as described in a Special Warranty Deed from Consolidated
Nutrition, L.c., an Iowa Limited Liability Company to Rodgers-Wade Manufacturing
Company Inc., dated December 19,1994 of record in Volume 498 Page 45 Real Property
Records, Lamar County, Texas. The said 0.617 acre easement being described by metes
and bounds as follows:
Stalldillg at the Southeast comer of the said Lot 4, a 1/2" found iron rod at a fence comer
post and at the Southwest corner of Lot 5 of Block 170 of a tract of land conveyed to
Weldon Hilliard ET AL, a Texas General Patmership in Real Property 1105 Page 293,
and in the North line of a alley, Go North 00002'27" East along the East line of Lot 4 and
the West line of Lot 5 Block 170 of the City of Paris, State of Texas, a distance of
128.89 feet to a 1/2" set iron rod along a fence, for the Point of Beginning and the
Southeast comer of this permanent 30.0 feet sewer line easement.
Thellce: South 85025'35" West passing the East side of Southwest 4th Street at 883.44
feet and continuing a total distance of 896.13 feet to a 1/2" set iron rod set along a fence
and the West side of Lot 4 Block 170 of the City of Paris, State of Texas, in the West
property line of the referenced tract in Volume 498 Page 45 Real Property Records,
Lamar County, Texas, for the Southwest corner of this pemlanent 30.0 feet sewer line
easement.
Thellce: North 00008'02" East with the West line of Volume 498 Page 45 Real Property
Records, a distance of 30.1 0 feet to a 1/2" set iron rod set along a fence, for the
Northwest comer of this construction casement.
Thellce: North 85025'35" East passing the East side of Southwest 4th Street at 11.69
feet and continuing a total distance of 896.04 feet to a 1/2" set iron rod along a fence in
the East property line of the referenced tract in Volume 498 Page 45 Real Property
Records, and the West line of the referenced tract in Volume 1105 Page 293 Real
Property Records of the City of Paris, State of Texas, for the Northeast comer of this
pemlanent 30.0 feet sewer line casement. '. .
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Thellce: South 0Q.?02'27" East a distance of30.09 feet along a fence in the East prope\1l9 ('
line of the referenced tract in Volume 498 Page 45 Real Property Records, and the West
line of the referenced tract in Volume 1105 Page 293 Real Property Records of the City
of Paris, State of. Texas to the POINT-OF-BEGINNING and containing 0.617 acres of
land.
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
2/18/2003 and are true and co eel.
Survey # 03-040A
SHEET 3 OF 3 SHEETS
TRACT TWO
30.0 FOOT WIDE SEWER LINE CONSTRUCTION EASEMENT
Beil/g 0.617 acres ofland, a pm1 of the Larkin Rattan Survey No. 778, lying and being a
part of Lot 4 Block 170 of the City of Paris, Lamar County, Texas. The said Lot 4 being
a part of the property as described in a Special Warranty Deed from Consolidated
Nutrition, L.e., an Iowa Limited Liability Company to Rodgers-Wade Manufacturing
Company Inc., dated December 19,] 994 of record in Volume 498 Page 45 Real Property
Records, Lamar County, Texas. The said 0.617 acre casement being described by metes
and bounds as follows:
Stal/dil/g at the Southeast comer of the said Lot 4, a 1/2" found iron rod at a fence comer
post and at the Southwest comer of Lot 5 of Block 170 of a tract of land conveyed to
Weldon Hilliard ET AL, a Texas General Patmership in Real Property 1105 Page 293,
and in the North line of a alley, Go North 00002'27" East along the East line of Lot 4 and
the West line of Lot 5 Block 170 of the City of Paris, State of Texas, a distance of
98.80 feet to a 1/2" set iron rod along a fence, for the Point of Beginning and the
Southeast comer of this construction casement.
Thel/ce: South 85025'35" West passing the East side of Southwest 4th Street at 882.54 ,
feet and continuing a total distance of 896.22 feet to a 1/2" set iron rod set along a fence'.
in the West property line of the referenced tract in Volume 498 Page 45 Real Property
Records, and the West side of Lot 4 Block 170 of the City of Paris, State of
Texas,Lamar County, Texas, for the Southwest comer of this construction casement.
Thel/ce: North 00008'02" East with the West line of Volume 498 Page 45 Real Property
Records, a distance of 30.10 feet to a 1/2" set iron rod set along a fence, for the
Northwest comer of this construction eascment.Thence: North 85025'35" East passing
the East side of Southwest 4th Street at 11.69 feet and continuing a total distance of
896.13 feet to a 1/2" set iron rod along a fence in the East property line of thc referenccd
tract in Volumc 498 Page 45 Real Propcrty Records, and the West line of the
refcrenccd tract in Volume 1105 Page 293 Real Property Records of the City of Paris,
State of Tcxas, for the Northeast corner of this construction easement.
Thel/ce: South 00002'27" East a distance of 30.09 feet along a fence in the East property
line ofthc referenced tract in Volume 498 Page 45 Real Property Records, and the West
line of the referenced tract in Volumc 1105 Page 293 Real Property Records of the City
of Paris, Statc of Texas to the POINT-OF-BEGINNING and containing 0.617 acres of
land. :,' f
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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
2/18/2003 and are true and correct.
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MARK L. SANDERSON R.P.L.S. #4911
UTILITY EASEMENT
STATE OF TEXAS
COUNTY OF LAMAR
}
}
KNOW ALL MEN BY TIlESE PRESENTS:
That I,
Hilliard, a Texas Limited Partnership, 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:
BEING 0.230 acres ofland, a part of the Larkin Rattan Survey No. 778, lying
and being a part of Lot 5 Block 170 of the City of Paris, Lamar County, Texas. The
said Lot 5 being a part of the property as described in a General Warranty Deed from
Wanda Whitaker, Becky Swain Skinner, and Freddie Swain to Weldon Hilliard et al,
a Texas General Partnership, dated July 12, 2001 of record in Real Property 1105
Page 293, Real Property Records, Lamar County, Texas. The said 0.230 acre
easement being described by metes and bounds as follows:
Standing at the Southwest comer of the said Lot 5, a Ih" found iron rod at a
fence comer post and at the Southeast comer of Lot 4 of Block 170 of a tract of land
conveyed to Rodgers-Wade Manufacturing Company Inc., Volume 498, Page 45
record in Real Property Records, Lamar County, Texas, and in the North line of an
alley, Go North 00002'27" East along the West line of Lot 5 and the East line of Lot
4 Block 170 of the City of Paris, State of Texas, a distance of 128.89 feet to a Ih" set
iron rod along a fence, for the Point of Beginning and the Southwest comer of this
30.00 foot permanent utility easement.
Thence: North 00002'27" West a distance of 30.09 feet along a fence in the
West line of the referenced tract in Volume 1105 Page 293 Real Property Records and
the East property line of the referenced tract in Volume 498 Page 45 Real Property
Records of Lamar County, Texas, for the Northwest comer of this 30.00 foot
permanent utility easement.
Thence: North 85025'35" East passing the West side of South Main Street at
328.72 feet and continuing a total distance of 334.46 feet to a 1h" set iron rod along
a fence in the East property line of the referenced tract in Volume 1105 Page 293 Real
Property Records of Lamar County, Texas, for the Northeast comer of this 30.00 foot
permanent utility easement.
Thence: South 01004'56" West a distance of30.15 feet along a fence to a 1h"
set iron rod set along a fence, in the East property line of the referenced tract in
Volume 1105 Page 293 Real Property Records of Lamar County, Texas for the
Southeast comer of this 30.00 foot permanent utility easement.
Thence: South 85025'35" West passing the West side of South Main Street at
6.12 feet and continuing a total distance of 333.28 feet to the POINT-OF-
BEGINNING and containing 0.230 acres of land.
EXHIBIT ..&
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 18,
2003, reference being here made to all instruments and records for all necessary
purposes.
and further give and grant a temporary construction easement described as follows:
BEING 0.230 acres of land, a part of the Larkin Rattan Survey No. 778, lying
and being a part of Lot 5 Block 170 of the City of Paris, Lamar County, Texas. The
said Lot 5 being a part of the property as described in a General Warranty Deed from
Wanda Whitaker, Becky Swain Skinner, and Freddie Swain to Weldon Hilliard et al,
a Texas General Partnership, dated July 12, 2001 of record in Real Property 1105
Page 293, Real Property Records, Lamar County, Texas. The said 0.230 acre
easement being described by metes and bounds as follows:
Standing at the Southwest corner of the said Lot 5, a Ih" found iron rod at a
fence comer post and at the Southeast corner of Lot 4 of City Block 170 of a tract of
land conveyed to Rodgers-Wade Manufacturing Company Inc., Volume 498, Page 45
record in Real Property Records, Lamar County, Texas, and in the North line of an
alley, Go North 00002'27" East along the West line of Lot 5 and the East line of Lot
4 City Block 170 of the City of Paris, State of Texas, a distance of 98.80 feet to a Ih"
set iron rod along a fence, for the Point of Beginning and the Southwest corner of this
construction easement.
Thence North 00002'27 West a distance of 30.09 feet along a fence in the
West line of the referenced tract in Volume 1105 Page 293 Real Property Records and
the East property line of the referenced tract in Volume 498 Page 45 Real Property
Records of Lamar County, Texas, for the Northwest comer of this construction
easement.
Thence: North 85025'35" East passing the West side of South Main Street at
327.75 feet and continuing a total distance of 333.87 feet to a Ih" set iron rod along
a fence in the East property line of the referenced tract in Volume 1105 Page 293 Real
Property Records of Lamar County, Texas, for the Northeast corner of this
construction easement.
Thence South 01004'56" West a distance of 30.15 feet along a fence to a Ih"
set iron rod set along a fence, in the East property line of the referenced tract in
Volume 1105 Page 293 Real Property Records of Lamar County, Texas for the
Southeast corner of tlris construction easement.
Thence South 85025'35"' West passing the East side of South Main Street at
6.50 feet and continuing a total distance of 333.28 feet to the
POINT-OF-BEGINNING and containing 0.230 acres of land.
TO HA VB 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 or 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 _ day of April, 2003.
[] Hilliard
STATE OF TEXAS }
COUNTY OF LAMAR }
BEFORE ME, the undersigned authority, on this day personally appeared ,
known to me to be the persons whose names are subscribed to the foregoing instrument, and
acknowledged to me that they 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 ATIORNEY, CITY OF PARIS
P. O. Box 9037
Paris, TX 75461-9037
UTll..ITY EASEMENT
STATE OF TEXAS
}
}
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR
That Leggett & Platt, Incorporated, successor by merger to Rodgers Wade Manufacturing,
Inc., (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:
BEING 0.617 acres ofland, apart of the Larkin Rattan Survey No. 778,
lying and being a part of Lot 4 Block 170 of the City of Paris, Lamar County,
Texas. The said Lot 4 being a part of the property as described in a Special
Warranty Deed from Consolidated Nutrition, L.C., an Iowa Limited Liability
Company to Rodgers-Wade Manufacturing Company Inc., dated December
19,1994 of record in Volume 498 Page 45 Real Property Records, Lamar County,
Texas. The said 0.617 acre easement being described by metes and bounds as
follows:
Standing at the Southeast comer of the said Lot 4, a Ih" found iron rod at
a fence comer post and at the Southwest comer of Lot 5 of Block 170 of a tract of
land conveyed to Weldon Hilliard et al, a Texas General Partnership in Real
Property 1105 Page 293, and in the North line of an alley, Go North 00002'27"
East along the East line of Lot 4 and the West line of Lot 5 Block 170 of the City
of Paris, State of Texas, a distance of 128.89 feet to a Ih" set iron rod along a
fence, for the Point of Beginning and the Southeast comer of this permanent 30.0
feet utility easement.
Thence: South 85025'35" West passing the East side of Southwest 4th
Street at 883.44 feet and continuing a total distance of 896.13 feet to a Ih" set iron
rod set along a fence and the West side of Lot 4 Block 170 of the City of Paris,
State of Texas, in the West property line of the referenced tract in Volume 498
Page 45 Real Property Records, Lamar County, Texas, for the Southwest comer
of this permanent 30.0 feet utility easement.
Thence: North 00.08'02" East with the West line of Volume 498 Page 45
Real Property Records, a distance of 30.10 feet to a Ih" set iron rod set along a
fence, for the Northwest comer of this utility easement.
Thence: North 85025'35" East passing the East side of Southwest 4th Street
at 11.69 feet and continuing a total distance of 896.04 feet to a Ih" set iron rod
along a fence in the East property line of the referenced tract in Volume 498 Page
45 Real Property Records, and the West line of the referenced tract in Volume
1105 Page 293 Real Property Records of Lamar County, Texas, for the Northeast
comer of this permanent 30.0 feet utility easement.
Thence: South 00002 '27" East a distance of 30.09 feet along a fence in the
East property line of the referenced tract in Volume 498 Page 45 Real Property
Records, and the West line of the referenced tract in Volume 1105 Page 293 Real
Property Records of Lamar County, Texas to the POINT -OF-BEGINNING and
containing 0.617 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 18, 2003,
reference being here made to all instruments and records for all necessary
purposes.
and further give and grant a temporary construction easement described as follows:
BEING 0.617 acres of land, a part of the Larkin Rattan Survey No. 778,
lying and being a part of Lot 4 Block 170 of the City of Paris, Lamar County,
Texas. The said Lot 4 being a part of the property as described in a Special
Warranty Deed from Consolidated Nutrition, L. c., an Iowa Limited Liability
Company to Rodgers-Wade Manufacturing Company Inc., dated December
19,1994 of record in Volume 498 Page 45 Real Property Records, Lamar County,
Texas. The said 0.617 acre easement being described by metes and bounds as
follows:
Standing at the Southeast comer of the said Lot 4, a Ih" found iron rod at
a fence comer post and at the Southwest comer of Lot 5 of Block 170 of a tract of
land conveyed to Weldon Hilliard et al, a Texas General Partnership in Real
Property 1105 Page 293, and in the North line of an alley, Go North 00002'27"
East along the East line of Lot 4 and the West line of Lot 5 Block 170 of the City
of Paris, State of Texas, a distance of 98.80 feet to a Ih" set iron rod along a
fence, for the Point of Beginning and the Southeast comer of this construction
easement.
Thence: South 85025'35" West passing the East side of Southwest 4th Street at
882.54 feet and continuing a total distance of 896.22 feet to a 1h" set iron rod set
along a fence in the West property line of the referenced tract in Volume 498 Page
45 Real Property Records, and the West side of Lot 4 Block 170 of the City of
Paris, State of Texas, Lamar County, Texas, for the Southwest comer of this
construction easement.
Thence: North 00008'02" East with the West line of Volume 498 Page 45
Real Property Records, a distance of 30.10 feet to a Ih" set iron rod set along a
fence, for the Northwest comer of this construction easement. Thence: North
85025' 35" East passing the East side of Southwest 4th Street at 11.69 feet and
continuing a total distance of 896.13 feet to a Ih" set iron rod along a fence in the
East property line of the referenced tract in Volume 498 Page 45 Real Property
Records, and the West line of the referenced tract in Volume 1105 Page 293 Real
Property Rec-ords of Lamar County, Texas, for the Northeast comer of this
construction easement.
Thence: South 00002 '27" East a distance of 30.09 feet along a fence in the
East property line of the referenced tract in Volume 498 Page 45 Real Property
Records, and the West line of the referenced tract in Volume 1105 Page 293 Real
Property Records of Lamar County, Texas to the POINT-OF-BEGINNING and
containing 0.617 acres of land.
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 itself, its 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 _ day of April, 2003.
RODGERS & WADE MANUFACTURING,
A DIVISION OF
LEGGETT & PLATT, INCORPORATED
By:
ATTEST:
Ernest C. Jet, Vice President
Robert B. Kinz, Assist. Secretary
STATE OF MISSOURI }
COUNTY OF JASPER }
BEFORE ME, the undersigned authority, on this day personally appeared Ernest C. Jett,
Vice President of Rodgers & Wade Manufacturing, a division of Leggett & Platt, Incorporated,
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
, 2003.
Notary Public, State of Missouri
RETURN TO: City Attorney, City of Paris
P. O. Box 9037
Paris, TX 75461-9037