2003-022-RES ACCEPTANCE OF A DRAINAGE EASEMENT FROM N MAIN STREET TO THE MAIN STREET TOWN HOMES DEVELOPMENT PROJECT
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RESOLUTION NO. 2003-022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, AUTHORIZING THE APPROVAL AND ACCEPTANCE
OF A DRAINAGE EASEMENT FROM N. MAIN STREET TO THE MAIN
STREET TOWN HOMES DEVELOPMENT PROJECT; MAKING OTHER
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, the engineering firm Tanner Consulting, L.L.C. has undertaken a project of
construction entitled Main Street Town Homes Development Project and, in accordance with
plans and specifications for this project, a drainage easement is needed across a portion of property
owned by J. B. Lowry; and,
WHEREAS, the easement description necessary for the completion of said Main Street
Town Homes Development Project is shown on Exhibit A, attached hereto; and,
WHEREAS, the City Council fmds that the above-described drainage easement is
necessary for said development 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 fmdings set out in the preamble to this resolution are hereby in all
things approved.
Section 2. That the Drainage Easement from J. B. Lowry to the City of Paris, to be used
for the Main Street Town Homes Development Project, in the form attached hereto as Exhibit B,
be, and the same is hereby, approved and accepted.
Section 3. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this 13th day of January, 2003.
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Property Description
Drainage Easement
Situated within the Corporate Limits of the City of Paris, Lamar County, Texas, a part of
the Reddin Russell Survey, Abstract 786, also being a part of a tract of land conveyed to
1. B Lowry by deed recorded in Volume 652, Page 228, of the Lamar County Deed
Records, and being further described as follows:
Beginning at a point located North OJ. 48' 36" West a distance of 18.71 feet from
the Southwest comer of said Lowry tract, said point also being in the East Line of Lot II,
City Block 251, as shown by plat recorded in Envelope 296-B ofthe Lamar County Plat
Records;
Thence North 01. 48' 36" West with the West Line of said Lowry tract and East
Line of said Lot 11 a distance of 10.16 feet to a point for comer;
Thence South 81. 39' 19" East a distance of92.13 feet to a point for corner,
Thence South 87.55' 43" East a distance of 199.52 feel to a point for corner;
Thence North 87' 29' 5 I" East a dislance of 124 80 feet lO a poinl for corner;
Thence South 02. 30' 09" East a distance of 10.00 feet to a point for corner;
Thence South 87. 29' 5 I" West a distance of 125.20 feet to a point for corner;
Thence North'll7. 55' 43" West a distance of200.47 feet to a point for corner;
Thence North 81. 39' 19" West a distance of90.89 feet to the place of beginning,
and containing 4165.08 square feet orland.
I, R. Bra"do" Ch.ney, Registered Professiomll L,md Surveyor :--10.4057, St3te ofTe..s,
certify that the abuve Plat ""d Field Notes depict and represent on aCMII Survey ~?5P.'"r~.
the ground under my supervision and finished (") r d-.. 7 l:".~~~~:;.,or~; .::~::~:-,~~;1.:!~~:\.
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EXHIBIT .A..
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LOT JI
CITY BLOCK 261
I J. B. LOlIllY
VOL. 852. PG. 228
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1D.18' Woi' :::; _S.!!:.6~E 199.52' ( ~ __SffJ.'Y!!!'E
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8:r,:" Ii 8 1'1W7"55'{3~ 200.47' 'C':"" - - - -
&'3g.,9'o {1,J'o.."",
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I LOT 12 I
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RUTH DEIOlIS
VOL. 141. PG. 148 I
L.C.R.P.R.
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DRAINAGE EASEMENT
STATE OF TEXAS
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KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR
That I, j. B. Lowry, 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 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, whose mailing address is P. O. Box
9037, Paris, TX 75461-9037, (hereinafter referred to as Grantee) a perpetual drainage
easement described as follows:
SITUATED within the corporate limits of the City of Paris, County of
Lamar and State of Texas, a fart of the Reddin Russell Survey, Abstract 786,
also being a part of a tract 0 land conveyed to J. B. Lowry by deed recorded
in Volume 652, Page 228 of the Lamar County Deed Records and being more
particularly described as follows:
BEGINNING at a point located North 010 48' 36" West a distance of
18.71 feet from the Southwest corner of said Lowry tract, said point also being
in the East boundary line of Lot 11, City Block 251, as shown by plat recorded
in Envelope 296-B of the Lamar County Plat Records;
. THENCE North 010 48' 36" West with the West boundary line of said
Lowry tract and East boundary line of said Lot 11 a distance of 10.16 feet to a
point for corner;
THENCE South 810 39' 19" East a distance of 92.13 feet to a point for
corner;
THENCE South 870 55' 43" East a distance of 199.52 feet to a point for
corner; -
THENCE North 870 29' 51" East a distance of 124.80 feet to a point for
corner;
THENCE South 02030' 09" East a distance of 10.00 feet to a point for
corner;
THENCE South 870 29' 51" West a distance of 125.20 feetto a point for
corner;
THENCE North 870 55' 43" West a distance of 200.47 feet to a point
for corner;
THENCE North 81039' 19" West a distance of 90.89 feet to the place
of beginning and containing 4165.08 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
EXHIBIT ~
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drainage facilities placed or to be placed therein, together with the right of ingress and egress
over Grantor's adjacent lands for the purpose for which the above-intentioned rights are
granted; provided that Grantee will, after doing any work in connection with the construction,
reconstruction, relocating or maintenance of said drainage facilities, restore the surface to the
condition to 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 Ihe 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 himself, his 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 January, 2003.
1. B. Lowry
STATE OF TEXAS }
COUNTY OF LAMAR }
BEFORE ME, the undersigned authority, on this day personally appeared J. B. Lowry,
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 January, 2003.
Notary Public, State of Texas
RETIJRN TO: City Attorney. City oCParis
P. O. Box 9037
Paris, TX 75461-9037