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2004-188-RES ACCEPTANCE OF A GIFT OF DEDICATION OF 20 FT. EASEMENT FOR EXISTING SEWER LINE LOT 5-B BLOCK 251-A RESOLUTION NO. 2004-188 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AUTHORIZING THE ACCEPTANCE OF A GIFT OF DEDICATION OF A 20 FOOT EASEMENT FOR AN EXISTING SEWER LINE ACROSS LOT 5-B, CITY BLOCK 251-A; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Paris has been made aware of the existence of an old sewer line which runs across Lot 5-B, City Block 251-A without the apparent benefit ofa formal dedicated easement; and, WHEREAS, the owner of the underlying fee interest in the property traversed by said sewer line has offered a gift of dedication of a 20- foot wide easement containing the aforesaid existing sewer line; and, WHEREAS, the description of said easement is shown on Exhibit A attached hereto; and, WHEREAS, the City Council finds that the above-described utility easement is necessary for said existing sewer line and that the dedication of said easement should in all things 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 gift of dedication of a 20-foot wide utility easement, pursuant to the terms and conditions and as described in that utility easement attached hereto and for all purposes incorporated herein as Exhibit A, shall be and is hereby in all things accepted and authorized for filing. Section 3. That this resolution shall be effective from and after the date of passage. PASSED AND APPROVED this 11th day ATTEST: s~c~ ,- UTILITY EASEMENT STATE OF TEXAS COUNTY OF LAMAR } } KNOW ALL MEN BY THESE PRESENTS: That I, Timmy E. Lester, of Lamar County, Texas, (hereinafter referred to as Grantor) for and in consideration of the sum of TEN DOLLARS ($10.00) 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 0.071 acres of land situated within the corporate limits of the City of Paris, County of Lamar and State of Texas, a part of the Redin Russell Survey Abstract No. 362, lying and being a part of Lot 5-B, City Block 251-A, being a part of the property as described in a Warranty Deed from Beverly Dan McKinney Domengeaux to Timmy E. Lester, recorded in Volume 1510, Page 81, Real Property Records, Lamar County, Texas, and being more particularly described as follows: COMMENCING at the most Easterly Southeast corner of the said Lot 5-B, a 1/2" found iron rod in concrete, at the most Southerly Northeast corner of the remainder of Lot 5 of the City of Paris, State of Texas, described in Volume 1007 Page 300, Real Property Records, Lamar County, Texas, being in the West boundary line of Sante Fe Street, from which a metal fence corner post bears North 00000'00" East a distance of 83.22 feet, the reference bearing for this survey, the Southwest corner of a 0.756 acre tract being Lot 5-A and described as Tract Two, from Swatsell, Inc., a Texas Corporation to NRG Petroleum, L.P., recorded in Volume 1200 Page 98 Real Property Records, Lamar County, Texas, being the Easterly Northeast corner of said Lot 5-B, going South 70005'09" West along the Northerly South line of said remainder of Lot 5 and the South line of Lot 5- B, a distance of 95.65 feet to a 1/2" set iron rod capped, in the most Southerly North line of said remainder of Lot 5 being the South boundary line of said Lot 5-B and being the Point of Beginning and the Southeast corner of this permanent 20.0 foot Existing Utility Easement; THENCE South 700095'09" West a distance of 13.10 feet to a 1/2" found iron rod being the Southwest corner of said Lot 5-B and the inside Northeast corner of said remainder of Lot 5; THENCE North 19034' 36 " West with the West boundary line of said Lot 5-B and the East Boundary Line of said remainder of Lot 5 a distance of 21.24 feet to a V2" set iron rod capped being the Southwest corner of this 20-foot wide Existing Utility Easement, being in the East boundary line of said remainder of Lot 5 and the West boundary line of said Lot 5-B; THENCE North 2008'53" East a distance of 135.83 feet with the West boundary line of the Easement to a V2" set iron rod capped in the North boundary line of said Lot 5-B and the most Northerly South boundary line of said remainder of Lot 5, from which a 1/2" found iron rod in concrete bears South 70013' 41 " West a distance EXHIBIT 1L of 50.28 feet being the Northwest corner of said Lot 5-B and the inside Southeast corner of said remainder of Lot 5; THENCE North 70013'41" East a distance of 21.56 feet with the North boundary line of said Lot 5-B and the most Northerly South boundary line of said remainder of Lot 5 to a 1h" set iron rod capped being the Northeast corner of said easement, from which a 1h" found iron rod capped bears North 70013' 41" East a distance of 64.25 feet, being the Northeast corner of Lot 5-B and an inside Northwest corner of said remainder of Lot 5; THENCE South 2008'53" East a distance of 158.69 feet with the East boundary line of said easement to the point of beginning and containing 0.071 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, September 30, 2004, reference being here made to all instruments and records for all necessary purposes. TO HA VE 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 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 my hand this _ day of October, 2004. Timmy E. Lester STATE OF TEXAS } COUNTY OF LAMAR } BEFORE ME, the undersigned authority, on this day personally appeared Timmy E. Lester, 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 October, 2004. Notary Public, State of Texas RETURN TO: City Attorney City of Paris P. O. Box 9037 Paris, TX 75461-9037 r.n E-4 I- ~ ~ w ~ w r.n 0:::: ~ I- >, ., ~ .... vlX) (f) 0 a.: g- Ol -.J'-Q,) a...0'l . 0 ,..-4 <{Eoa... I ijl~o W lCl- 0 E-4 __ ~ ~N LL OQ)e"- ~ -la...5V ~ CluE ~ o::....~ Zoo W E> r.n 0 -l I- Z <( (f) ~ U o C\l~ ~QJ I ~ o ==I:: ~ ~ > ~ p r.n <C ~ L() N N LoJ . - "'" ;., - >, b ., " ~o lCl 0-0 Z Or') ., .... .3 .!!! a... :g, ....- 0 o~~a... 0::" ~ '0 >,0 " "0 .~~5"- Eu8 E v ....::l 0:: 0- E~ o -l G ZI- ~~~ -::::i: x~ ~cn <(w<( o~ :E~ b:J C\l~ ~::::> .. 0 $r " o Cii 0:: " o C 0 v a... 0 0:: u '-~ c ~ ~"g La- .... C ,:,l O::l'Q)vc u~(/)o::J V I u = = C C N N c'o v.................. 0-,= La---:::i:U 1 S T~ S T R E E T SOUTH 83.22' (Reference Bearing) Ul "0 L.. 0..- UlX) L.. ~ Q) ~ 0' Ul"OC 3~D.. .00 ~ >'10 >. C ..- E::lQ) EOE I=u::l L..- cg E o ...J S 02'08'53" W 158.69' Exist~ Sf!-er~e_ N 02'08'53" E 135.83' BLOCK 251A N W 0- .S c: c: '0. @CI> III ~- G: 0 ., ~o lCl g- g OrnO:v -l 'C _ g' o~~a... 0::,..... '- a >.0 ~ "0 .~~3- 0'- 0 v EUU E v ....::l 0:: 0- E~ o -l b .-) ~ . Q) o in o b ,... 1Il >, ., ~o lCl 0- 0 or') ., .... o (fl a... Q) -l .- O'l ....- 0 _ 0 o a... oO-v 0::,..... "- '0>.0 ~ "0 c>.C- ._ +-' :J 0'- 0 Q) EUU E v ....::l 0:: 0- E~ o -l EXHIBIT .fL Survey # 04-222 SHEET 2 OF 3 SHEETS TRACT ONE 20.0 FOOT WIDE EXISTING UTILITY EASEMENT Being 0.071 acres ofland, a part of the Redin Russell Survey Abstract No. 362, lying and being a part of Lot 5-B Block 251-A ofthe City of Paris, Lamar County, Texas. The said Lot 5-B being a part of the property as described in a Warranty Deed from Beverly Dan McKinney Domengeaux to Timmy E. Lester, record in Volume 1510 Page 81 Real Property Records, Lamar County, Texas. The said 0.071 acre easement being described by metes and bounds as follows: Commencing at the Most Easterly Southeast comer of the said Lot 5-B, a W' found iron rod in concrete, at the most Southerly Northeast comer of the reminder of Lot 5 of the City of Paris, State of Texas, described to The City of Paris in Volume 1007 Page 300 Real Property Records, Lamar County, Texas, being in the West line of the Sante Fe Street, from which a metal fence comer post bears North 00000'00" East a distance of 83.22 feet, the reference bearing for this survey, the Southwest comer ofa 0.756 acre tract being Lot 5-A and described as Tract Two, from Swatsell, Inc., a Texas Corporation, to NRG Petroleum, L.P., recorded in Volume 1200 Page 98 Real Property Records, Lamar County, Texas, being the Easterly Northeast corner of said Lot 5-B, Go South 70005'09" West along the Northerly South line of said Reminder Lot 5 and the South line of Lot 5-B, a distance of95.65 feet to a 1/2" set iron rod capped, in the most Southerly North line of said reminder of Lot 5 being the South line of said Lot 5-B and being the Point of Beginning and the Southeast comer of this permanent 20.0 feet Existing Utility Easement; Thence: South 70005'09" West a distance of 13.10 feet to a 1/2" found iron rod being the Southwest corner of said Lot 5-B and the inside Northeast corner of said reminder of Lot 5' , Thence: North 19034'36" West with the West line said Lot 5-B and the East line of said Remindaer of Lot 5 a distance of 21.24 feet to a W' set iron rod capped being the Southwest corner of this 20 foot wide Existing Utility Easement, being in the East line of said reminder of Lot 5 and the West line of said Lot 5-B; Thence: North 2008'53" East a distance of 135.83 feet with the West line of the Easement to a 1/2" set iron rod capped in the North li~e of said Lot 5-B and the most Northerly south line of said reminder Lot 5, from which a W' found iron rod in concrete bears South 70013'41 " West a distance of 50.28 feet being the Northwest corner of said Lot 5- B and the inside Southeast comer of said reminder Lot 5; SHEET 3 OF 3 SHEETS Thence: North 70013'41" East a distance of21.56 feet with the North line of said Lot 5-B and the Most Northerly South line of said reminder Lot 5 to a W' set iron rod capped being the Northeast corner of said easement, from which a W' found iron rod capped bears North 70013'41" East a distance of 64.25 feet, being the Northeast corner of Lot 5- B and an inside Northwest corner of said remainder of Lot 5; Thence: South 2008'53" East a distance of 158.69 feet with the east line of said easement to the POINT-OF-BEGINNING and containing 0.071 acres ofland. 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 9/30/2004 and are true and correct.