2004-141-RES PROCUREMENT OF TEMPORARY ACCESS EASEMENT FOR INGRESS AND EGRESS FROM 25TH ST SE TO LAMAR AVE ACROSS PROPERTY OF WILLIAM C CUPIT FOR LAMAR AVE UTILITY RELOCATION PROJECT
RESOLUTION NO. 2004-141
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, APPROVING AND ACCEPTING THE PROCUREMENT OF
A TEMPORARY ACCESS EASEMENT FOR INGRESS AND EGRESS
FROM 25TH STREET S.E. TO LAMAR AVENUE ACROSS PROPERTY
BELONGING TO WILLIAM C. CUPIT IN CONNECTION WITH THE
LAMAR A VENUE UTILITY RELOCATION PROJECT; MAKING OTHER
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Council ofthe City of Paris has undertaken a project of construction
entitled Lamar Avenue Utility Relocation Project in accordance with plans and specifications
prepared by the City Engineer of the City of Paris; and,
WHEREAS, the temporary access easement necessary for the completion of work on
manhole replacements for said utility relocation project is shown on Exhibit A attached hereto; and,
WHEREAS, the City Council finds that the above-described temporary access easement is
necessary for said improvement project and that the same should be approved and 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 Temporary Access Easement executed by William E. Cupit, property
owner of the property to be crossed for ingress and egress from 25th Street S.E. to Lamar Avenue,
during the construction of new manholes, being a part of the Lamar Avenue Utility Relocation
Project be, and the same is hereby, approved and accepted.
Section 3. That this resolution shall be effective from and after the date of passage.
PASSED AND APPROVED this 9th day of August, 2004.
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Curtis Fendley, Mayor
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ATTEST:
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Shenan Dixon, Assistant City Clerk
TEMPORARY ACCESS EASEMENT
STATE OF TEXAS
COUNTY OF LAMAR
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KNOW ALL MEN BY THESE PRESENTS:
That I, William E. Cupit, of Lamar County, (hereinafter referred to as Grantor) Texas, 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, a municipal Corporation, the receipt
and sufficiency of which is hereby acknowledged, do hereby sell, give, and grant unto the said
CITY OF PARIS, a 30 foot wide temporary access easement for providing free and uninterrupted
pedestrian and vehicular ingress to and egress from 25th Street S.E. to Lamar Avenue, as shown
on Exhibit A, and further described as follows:
Situated within the corporate limits of the City of Paris, County of
Lamar and State of Texas, and being a part of Lot 5, City Block
249, located in the 2400 block of Lamar A venue, as shown on
Exhibit A attached hereto;
said temporary access easement to be for a ninety (90) day period of time beginning August 9.
2004 and ending November 7, 2004, to allow the construction of new manholes at the intersection
of 25th S. W. and Hubbard Street, as shown on Exhibit A attached hereto.
TO HAVE AND TO HOLD the above property unto the CITY OF PARIS for the purposes
and subject to the limitations and duration aforesaid, with the right and privilege at any and all times
to enter said premises, or any part thereof, to construct, reconstruct, repair, and maintain any and
all drainage facilities placed therein; provided that Grantee will, after doing any work in connection
with the construction, reconstruction, relocating or maintenance of said manholes, restore the surface
to the condition to which said surface was found when such work was undertaken insofar as
permitted under the plans and specifications approved for projects to be located within the herein
described temporary access easement, and that in the use of said rights and privileges herein granted,
the CITY OF PARIS will not create a nuisance or do any act that will be detrimental to said
premIses.
EXHIBIT JL
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 August, 2004.
William E. Cupit
STATE OF TEXAS }
COUNTY OF LAMAR }
BEFORE ME, the undersigned authority, on this day personally appeared William E. Cupit,
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 August, 2004.
Notary Public, State of Texas
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