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2003-066-RES AUTHORIZATION/APPROVAL OF PERMANENT UTILITY EASEMENT FOR PARIS RETIREMENT VILLAGE ~, 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. ~~~ MIC ae J. est, or ATTEST: ~~k~~ 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. 1.i/Jso,.. ...~s ~s.~. 'I:.~ Street .. - - l West Wash~ - - m.5V - (;) - - ~O.8 I :T 1- IS' . ~'\. I~ tp~ ~ la ~\'\..~ I~ 'rft~~~ ?E ...~ I ~ '\ d' I ~~~~. I 'l9o~ "'~o ~~.~ ~ ~ ~ ~.'E>. Scale: l' = 300' ~~ "- Prepared by \.\. Chaney Eng., Inc. 1 \ (903)784-6393 II 1\ I I allCII ..: 0 Cl!11~ ti Cl! '" ~II~ I I ~IL Hil \! ~ 1\ I I I I )) ~~1 ~II~ :"I' ... Pllg ::;..--- -~(:- e~- - \ -z. CII ""\\"" "" ~ ~\\j. ~ III ~\\ .\ \~ '& \ \CD ~ ~ \( 1.i 70043 <>S'w ~3.~.,. P8ymore. Inc. V.0498 P.315 L.C.D.R. UTILITY EASEMENT STATE OF TEXAS COUNTY OF LAMAR } } 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