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2003-025-RES ACCEPTANCE OF TWO UTILITY EASEMENTS ACROSS EASTGATE SUBDIVISION FOR UTILITY SERVICE TO THE NEW GINGING IT RESTAURANT LOCATED RESOLUTION NO.2003-025 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AUTHORIZING THE APPROVAL AND ACCEPTANCE OF TWO UTILITY EASEMENTS ACROSS EASTGATE SUBDMSION FOR UTILITY SERVICE TO THE NEW WINGING IT RESTAURANT LOCATED AT 4820 LAMAR A VENUE; 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 two utility easements in order to provide water and sewer service to the newly constructed Winging It Restaurant located at 4820 Lamar A venue; and, WHEREAS, the easement descriptions necessary to provide water and sewer service to the Winging It Restaurant located at 4820 Lamar A venue are shown on Exhibit A, attached hereto; and, WHEREAS, the City Council finds that the above-described utility easements are necessary to supply water and sewer service for said construction project 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 utility easement situated on Lot 3 of the Eastgate Subdivision from Housing Associates, Inc. and the utility easement situated on Lot 4 of the Eastgate Subdivision from Muriel Sims and Russell Young, to be used for water and sewer service to the new Winging It Restaurant located at 4820 Lamar Avenue, in the forms 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 6th day of February, 2003. ce:.L/7 /?:1?~n;7s~_ Richard E. Manning, Mayor Pro T ATTEST: R.,.,.",.. B-"'Il' South BC<lndary Un. 01 U.s. Hwy 82 / lomor "'- -- "EXHIBIT "," lot' 3~6-0 E'-v. - ... -- r!#. ~\"" - 18 CI\'! alO _ - " ol.....!l4\. . __ -- dlonO'lt -- - -- .......\ _ _ ~\~ \I\\IWf.... ..\111M "ff oroW'"q. , - -- -"1 -I I I 10\" I I I I I _J - \ 40 I 20 0 ~ fa .ra.t ____ - finN 1" -= 40t ,-":"!"'::'~'::--.".,. ~C:::~'oI~tf~:;:~ ..._5~7. V ~~..9..f..f.;~ . . ;,t:.. (;\STE'/"":>~ ' ...~~:~~....f1"h~?::~ \ J,M. tiElSO~j t" ....<..\~....4c:~E....;;7. ',if! '..0 ,'.,..l ~ ~A:'''.~es~\q~:''t() .'V ........... "" " SU~J"'",.,....: -a;." J.t.!. Nelson. RPLS of Texas. 14025 date ~ .. 1/2" .apped Iron pin r- \,cPR -- -- lot 1-A Nelson Surveying Company 920 ti Mail Sl Paris, Texas 75460 8CO-785e1 lu9Oll-78H311 E1llII ~ .n.I. NIIMI\ n <:I' N ProI uhr" LMtd lIInofCIl' ofT.... Ml25 1tH .."., II ..., ..... . "' .... .. ....... ....... _ ..... Ntt...... .-.. .. \IIMI ... ....,. ,.,.,. .., .............. .. umtr..,... ... .. ...1"'_ ... ........ .. ..... ,.,.,.cthIII .00'.... tOO ,... .... __ WI .... .. IMIttelII ...... .... '" .... .... ........ not" ......... - \.-10' Bldg. Un. I , \0\ ~ I I I I I L--- ,,... ,,~ ."..\cl1a'9 -- - EG-3-4-nmt Dlok-522 12-26-02 -- ( I I I I I r'O' B1dg. Un. \0\ 5 L--- @ \..Ol'\e tastgate t.J vi .s:::. ..... CXl """ 40 ii'JQd 80 I ~fi4.dA up .. utBlty pal. ~ (" A Nelson Surveying Company 920 North Maln Street Paris, Texas 75460 803-785-3551 fax 903-785-3398 e-mail jlmn@stargate,1stamet.com J1m~_r J. M. Nelson, ~ PIO_l.IndSWWyarofT__. ............... "-"'onIy by'" ~ or .................,....... M...,...., IIIDlIIIcIIIon or \/-.;0 -_4..4..... FI!:;lD NOT!:;S 5' Utility EaRement . Lot 3 . EaM(Jate Subdivision Situaled within the Corporate Limits of the City of Paris, County of Lamar, and stete of Texas, apart of the Joshua Moore SulV8Y #571, and being a part of lot 3, of Eastgate Subdivision, saki Addition being recorded In Envelope 384-C, Plat Records of said County and stete. Beginning at the Southeast comer of said lot 3 and at the Southwest comer of lot 4 of said Eastgate Subdivision. Thence North 0'38'48' West along the East Boundary Line of said lot 3 and elong the West Boundary Une of said lot 4, a distance of 133.04 feet; Thence South 77'07'47" West along the South Boundary Une of an existing 20 feet Drainage and Utility Easement as shown on the plat of said Eastgate Subdivision, a distance of 5.115 feet; Thence South 0'38'48' East partially along a 5 foot bulkling line as shown on the plat of said Eastgate Subdivision, a distance of 133.04 feet; Thence North 77'08'41' East along the North Boundary Line of Eastgate Lane a distance of 5.115 feet to the place of beginning and containing 885.18 square feet of land. 5' Utility Easement. Lot 4 . Eastoate Subdivision Situated within the Corporate Limits of the City of Parts, County of Lamar, and Stale of Texas, a part of the JOS/\ua Moore Survey #571, and being a part of lot 4, of Eastgale Subdivision, saki Addition being recorded In Envelope 384-C, Plat Records of said County and Slate. Beginning at the Southwest comer of lot 4 and at the Southeast comer of said lot 3 of said Eastgate Subdivision. Thence North 0'38'48' West along the West Boundary Une of said lot 4 and along the East Boundary Line of said lot 3, a distance of 133.04 feet; Thence North 77'07'47' East along the South Boundary Une of an existing 20 feet Drainage and Utility Easement as shown on the plat of said Eastgate Subdivision, a distance of 5.115 feet; Thence South 0'38'48' East partially along a 5 foot building line as shown on the pial of saki Eastgate Subdivision, a distance of 133.04 feet; Thence South 77'08'41' West along the North Boundary Une of Easlgate Lane a distance of 5.115 feet to the place of beginning and containing 885.19 square feet of land. I, J.M. Nelson, Registered Professional Land Surveyor of Texas. #4025, certify to the City of Parts, that the above depleted and described easements were taken from the Plat of Eastgale Subdivision, as recorded In Envelope 384-C, of the Plat Records of said County and State. -T /11 .-</ A- J.M. Nelson. RPLS of Texas, #4025 12./(, AL- date I~< . ''''.'~ ~OF ..~...~ ~"'-T..t~. ~ ~"'f<,G\~EIi~"1<p '\ !~ W ()\ '. ......:...........................:...... >\ J.M./JF.LSON t!: -'~1.~~~~~~~%;;l '''0 SUP.'J~ .If .......r ,- UTILITY EASEMENT STATE OF TEXAS COUNTY OF LAMAR } } KNOW ALL MEN BY THESE PRESENTS: That Housing Associates, Inc., a Texas Corporation, acting by and through its duly authorized President, Daniel Allgeier, of Dallas 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 it in hand paid by the CITY OF PARIS, Paris, Texas, the receipt and sufficiency of which is hereby acknowledged, does 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 Joshua Moore Survey #571, and being a part of Lot 3, of Eastgate Subdivision, said Addition being recorded in Envelope 364-C; Plat Records of said County and State, and being more particularly described as follows: BEGINNING at the Southeast corner of said Lot 3 and at the Southwest corner of Lot 4 of said Eastgate Subdivision; THENCE North 0038'48" West along the East Boundary Line of said Lot 3 and along the West Boundary Line of said Lot 4, a distance of 133.04 feet; THENCE South 77007'47" West along the South boundary Line of an existing 20 feet Drainage and Utility Easement as shown on the plat of said Eastgate Subdivision, a distance of 5.115 feet; THENCE South 0038'48" East partially along a 5 foot building line as shown on the plat of said Eastgate Subdivision, a distance of 133.04 feet; THENCE North 77008'41" East along the North Boundary Line of Eastgate Lane a distance of 5.115 feet to the place of beginning and containing 665.18 square feet 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 utility facilities placed orto 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 EXHIBIT B ---- 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 January, 2003. HOUSING ASSOCIATES, INC. Daniel Allgeier, President STATE OF TEXAS } COUNTY OF l BEFORE ME, the undersigned authority, on this day personally appeared Daniel Allgeier, President of Housing Associates, Inc., 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.. 2003. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ day of Notary Public, State of Texas Printed name: Commission Expires: UTILITY EASEMENT STATE OF TEXAS COUNTY OF LAMAR } } KNOW ALL MEN BY THESE PRESENTS: That we, Muriel Sims and Russell Young, of Lamar County, Texas, (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 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: SITUATED within the corporate limits of the City of Paris, County of Lamar and State of Texas, a part of the Joshua Moore Survey #571, and being a part of Lot 4, of Eastgate Subdivision, said Addition being recorded in Envelope 364-C; Plat Records of said County and State, and being more particularly described as follows: BEGINNING at the Southwest corner of Lot 4 and at the Southeast corner of Lot 3 of said Eastgate Subdivision; THENCE North 0038'48" West along the West Boundary Line of said Lot 4 and along the East Boundary Line of said Lot 3, a distance of 133.04 feet; THENCE North 77007'47" East along the South boundary Line of an existing 20 foot Drainage and Utility Easement as shown on the plat of said Eastgate Subdivision, a distance of 5.115 feet; THENCE South 0038'48" East partially along a 5 foot building line as shown on the plat of said Eastgate Subdivision, a distance of 133.04 feet; THENCE South 77008'41" West along the North Boundary Line of Eastgate Lane a distance of 5.115 feet to the place of beginning and containing 665.19 square feet 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 utility facilities placed orto 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 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 _ day of January, 2003. Muriel Sims Russell Young STATE OF TEXAS } COUNTY OF LAMAR } BEFORE ME, the undersigned authority, on this day personally appeared Muriel Sims and Russell Young, known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged 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 2003. Notary Public, State of Texas Printed name: Commission Expires: