2003-066-RES AUTHORIZATION/APPROVAL OF PERMANENT UTILITY EASEMENT FOR PARIS RETIREMENT VILLAGE
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RESOLUTION NO. 2003-066
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, AUTHORIZING THE APPROVAL AND ACCEPfANCE
OF A PERMANENT illILITY EASEMENT AND TEMPORARY
CONSTRUCTION EASEMENT ACROSS THE FIRST, SECOND, AND
TmRD TRACTS OUT OF THE ASA JARMAN SURVEY, ABSTRACT 479,
AND CONVEYED TO PAYMORE, INC., BEGINNING IN THE SOUTH
BOUNDARY LINE OF WEST WASmNGTON STREET, FOR THE
CONSTRUCTION OF A SEWER LINE BY AND IN FURTHERANCE OF
THAT PROJECT KNOWN AS PARIS RETIREMENT VILLAGE TO BE
CONSTRUCTED BY JOE CHAMY, ET AL; 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 and temporary construction easement in order to construct a sewer line; and,
WHEREAS, the easement description is shown on Exhibit A, attached hereto; and,
WHEREAS, the City Council fmds that the above-described utility easement is necessary
for the construction of a sewer line by Joe Chamy, et ai, in furtherance of that project known as
Paris Retirement Village, 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 fmdings set out in the preamble to this resolution are hereby in all
things approved.
Section 2. That the permanent utility easement and temporary construction easement
situated in the First, Second, and Third Tracts out of the Asa Jarman Survey, Abstract 479, and
conveyed to Paymore, Inc., to be used for the construction of a sewer line or other similar utility,
by Joe Chamy, et al in furtherance of that project known as Paris Retirement Village, 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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MIC ae J. est, or
ATTEST:
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Field Notes
20' Utility Easement
Situated within the Corporate Limits of the City of Paris, Lamar County, Texas, a
part of the Asa Jarman Survey, Abstract 479, also being a part of the First, Second and
Third Tracts conveyed to Paymore, Inc., by deed recorded in Volume 498, Page 315, of
the Lamar County Deed Records, and being further described as follows:
Beginning at a point in the South Boundary Line of West Washington Street, said
point being located South 890 54' 05" West a distance of772.51 feet from the Northeast
corner of said Third Tract;
.Thence South 380 33' 46" East a distance of418.09feet to a point for corner;
Thence South 380 10' 33" East a distance of 499.40 feet to a point for corner;
Thence South 030 18' 53" East a distance of 1004.42 feet to a point for corner;
Thence South 110 13' 41" West, at approximately 427 feet passing the center of
the abandoned Missouri-Pacific Railroad right-of-way, continuing in all a distance of
499.28 feet to a point for corner;
Thence South 110 21' 19" East a distance of 503.92 feet to a point for corner;
Thence North 700 43' 29" West a distance of23.24 feet to a point for corner;
Thence North 11021' 19" West a distance of 496.08 feet to a point for corner;
Thence North 110 13' 41" East, at approximately 67 feet passing the center of the
abandoned Missouri-Pacific Railroad right-of-way, continuing all a distance of 500.72
feet to a point for corner;
Thence North 030 18' 53" West a distance of995.58 feet to a point for corner;
Thence North 380 10' 33" West a distance of493.06 feet to a point for corner;
Thence North 380 33' 46" West a distance of433.91 feet to a point for corner in
the South Boundary Line of West Washington Street;
Thence North 890 54' OS" East a distance of25.54 feet to the place of beginning,
and containing 58444.60 square feet ofland, of which 2210.86 square feet lie within said
abandoned railroad right-of-way.
EXHIBIT A.
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P8ymore. Inc.
V.0498 P.315
L.C.D.R.
UTILITY EASEMENT
STATE OF TEXAS
COUNTY OF LAMAR
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KNOW ALL MEN BY THESE PRESENTS:
That we, William B. Payne of Gregg County, Monte M. Moore of Lamar County, Kelly
Moore of Collin County, Texas, and Blake Moore, Jr. of Bryan County, Oklahoma, individually and
d/b/a Paymore (formerly Paymore, Inc.), (hereinafter referred to as Grantors) 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:
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, also being a part
of the First, Second, and Third Tracts conveyed to Paymore, Inc. by deed recorded
in Volume 498, Page 315 of the Lamar County Deed Records, and being more
particularly described in metes and bounds as follows:
BEGINNING at a point in the South Boundary Line of West Washington
Street, said point being located South 89054'05" West a distance of 772.51 feet from
the Northeast corner of said Third Tract;
THENCE South 38033' 46" East a distance of 418.09 feet to a point for corner;
THENCE South 38010'33" East a distance of 499.40 feet to a point for corner;
THENCE South 03018'53" East a distance of 1004.42 feet to a point for
corner;
THENCE South 11013'41" West, at approximately 427 feet passing the center
of the abandoned Missouri-Pacific Railroad right-of-way, continuing in all a distance
of 499.28 feet to a point for corner;
THENCE South 11021' 19" East a distance of 503.92 feet to a point for corner;
THENCE North 70043'29" West a distance of23.24 feet to a point for corner;
THENCE North 11 021' 19" West a distance of 496.08 feet to a point for
corner;
THENCE North 11013' 41" East, at approximately 67 feet passing the center
of the abandoned Missouri-Pacific Railroad right-of-way, continuing in all a distance
of 500.72 feet to a point for corner;
THENCE North 03018'53" West a distance of 995.58 feet to a point for
corner;
THENCE North 38010'33" West a distance of 493.06 feet to a point for
corner;
THENCE North 38033'46" West a distance of433.91 feet to a point for corner
in the South Boundary Line of West Washington Street;
THENCE North 89054'05" East a distance of 25.54 feet to the place of
beginning, and containing 58444.60 square feet ofland, of which 2210.86 square feet
lie within said abandoned railroad right-of-way.
EXIllBIT B
and further give and grant a temporary construction easement described as follows:
BEING two (2) strips strip of land twenty-five (25) 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, also being a part of the First, Second, and
Third Tracts conveyed to Paymore, Inc., by deed recorded in Volume 498, Page 315,
of the Lamar County Deed Records, with one twenty-five (25) foot temporary
easement being twenty-five (25) feet East of the East boundary line of the permanent
easement granted herein and the other twenty-five (25) foot temporary easement being
twenty-five (25) feet West of the West boundary line of the permanent easement
granted herein, with both temporary easements running parallel with said permanent
easement.
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 provided further, that the Grantors 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 successors and assigns, heirs 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 13th day of March, 2003.
GRANTORS
SIGNED this day of March, 2003.
Monte Moore, individually and
d/b/a Paymore
STATE OF TEXAS }
COUNTY OF LAMAR }
BEFORE ME, the undersigned authority, on this day personally appeared Monte Moore,
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 March, 2003.
Notary Public, State of Texas
SIGNED this
day of March, 2003.
Blake Moore, Jr., individually and
d/b/a Paymore
}
}
STATE OF
COUNTY OF
BEFORE ME, the undersigned authority, on this day personally appeared Blake Moore, Jr.
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 March, 2003.
Notary Public, State of
SIGNED this
day of March, 2003.
Kelly Moore, individually and
d/b/a Paymore
STATE OF TEXAS }
COUNTY OF }
BEFORE ME, the undersigned authority, on this day personally appeared Kelly Moore,
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 March, 2003.
Notary Public, State of Texas
SIGNED this
day of March, 2003.
William B. Payne, individually and
d/b/a Paymore
STATE OF TEXAS }
COUNTY OF GREGG }
BEFORE ME, the undersigned authority, on this day personally appeared William B. Payne,
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 March, 2003.
Notary Public, State of Texas
RETURN TO: CITY ATTORNEY, CITY OF PARIS
P. O. Box 9037
Paris, TX 75461-9037