2004-143-RES EXECUTION OF AN ORIGINAL DEED AND MEMORADUM OF AGREEMENT FOR TEXAS DEPT OF TRANSPORTATION FUNDED PROJECT TO WIDEN LAMAR AVE BETWEEN 20TH ST NE AND N COLLEGIATE DR. PARCEL NO 19TE
RESOLUTION NO. 2004-143
A RESOLUTION OF THE CITY OF PARIS, PARIS, TEXAS,
AUTHORIZING THE EXECUTION OF AN ORIGINAL DEED AND
MEMORANDUM OF AGREEMENT FOR THE TEXAS
DEPARTMENT OF TRANSPORTATION-FUNDED PROJECT TO
WIDEN LAMAR AVENUE BETWEEN 20TH STREET N.E. AND
NORTH COLLEGIATE DRIVE, PARCEL NO. 19TE; MAKING
OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT;
AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the Texas Department of Transportation (TxDOT) has undertaken a
project to widen Lamar A venue between 20th Street N.E. and North Collegiate Drive; and,
WHEREAS, the City Council of the City of Paris did heretofore on the 8th day of
September, 2003, in Resolution No. 2003-149 acknowledge its wholehearted support of
the TxDOT project to widen Lamar Avenue between 20th Street N.E. and North Collegiate
Drive; and,
WHEREAS, the City Council ofthe City of Paris did heretofore on the 14th day of
June, 2004, in Resolution No. 2004-099 accept the appraised value on two temporary
construction easements for said project; and,
WHEREAS, in order to complete said proj ect it is necessary that further documents
be executed in furtherance of said project; and,
WHEREAS, the forms of a Temporary Easement Deed and Memorandum of
Agreement for Parcel No. 19TE attached hereto as Exhibits A and B respectively, should
in all things be approved, and the City Manager should be authorized to execute the same;
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 of this resolution are hereby
in all things approved.
Section 2. That the additional documents necessary for the Texas Department of
Transportation (TxDOT) project to widen Lamar Avenue between 20th Street N.E. and
North Collegiate Drive, being the Temporary Easement Deed attached hereto as Exhibit
A and Memorandum of Understanding attached hereto as Exhibit B, Parcel No. 19TE are
hereby approved and authorized.
Section 2. That the City Manager of the City of Paris be, and he is hereby
authorized and directed to execute, on behalf ofthe City of Paris, the Temporary Easement
Deed and the Memorandum of Understanding attached hereto as Exhibits A and B.
Section 3. That this resolution shall be effective from and after the date of passage.
PASSED AND APPROVED this 9th day of August, 2004.
ATTEST:
0lulz1.'OAJ ~
Sherian Dixon, Assistant C ty Clerk
APPROVED AS TO FORM:
......
L~~
Account Number: 0045-09-082
Parcel No.: 19 TE
County: Lamar
ROW-N-83
Rev, 5/2003
Replaces Form D-15-83
GSD-EPC
Page 1 of2
TEMWORARYEASEMENT
COUNTY OF LAMAR
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KNOW ALL MEN BY THESE PRESENTS:
THE STATE OF TEXAS
That, City of Paris, Paris, TX, of the County of Lamar, State of Texas, hereinafter referred to as
Grantors, whether one or more, for and in consideration of the sum of Seven Hundred Twenty Five
Dollars ($725.00) to Grantors in hand paid by the State of Texas, acting by and through the Texas
Transportation Commission, receipt of which is hereby acknowledged, and for which no lien is retained,
either expressed or implied, do by these presents Grant, Bargain, Sell and Convey unto the State of
Texas, a temporary easement for the purpose of construction in, along, upon and across the property
located in the County of Lamar, State of Texas, more particularly described in Exhibit "A", which is
attached hereto and incorporated herein for any and all purposes.
And for the same consideration described above and upon the same conditions, the Grantors have this
day granted and conveyed and by these presents do grant and convey unto the State of Texas any and all
improvements presently existing upon the property described in said Exhibit "A".
This easement shall expire on the 31st day of July, 2006, or on the date of completion of construction of
the highway facility, whichever occurs first.
TO HAVE AND TO HOLD unto the said State of Texas as aforesaid, for the purposes and on the
conditions set forth hereinabove, the premises described in said Exhibit "A".
IN WITNESS WHEREOF, this instrument is executed on this the _ day of
,2004.
Name:
EXHIBIT J1..
ROW-N;S3
Rev, 5/2003
Page 2 of2
Acknowledgement
State of Texas
County of Lamar
This instrument was acknowledged before me on
by
, 2004
Notary Public's Signature
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Survey:
03-107
Sheet 2 of 3 Sheets
County:
Lamar
Account No:
CSJ No:
0045-09-082
Highway:
Business US 82 (Lamar Ave.)
Parcel:
19TE
Grantor:
City of Paris, Paris, Texas
15.00 foot wide Construction Easement
Being: 0.024 acres situated in the County of Lamar, State of Texas, being
a part of a George W. Cox Survey Abstract No. 164, also being a part of Lot 9
Block 222-A, City of Paris, Lamar County, Texas, in a Warranty Deed from J.K.
Guest, Jr., Weldon Slaton and D. Wayne Brown to City of Paris, Paris, Texas,
recorded in Deed Record Volume 652, Page 408, Lamar County, Texas, dated
January 12, 1983, and being described by metes and bounds as follows:
Beginning at a 1/2" Set Iron Rod in the existing North Right-of-Way of Business
US 82, said point being Business US 82 Station 110+70.33 Offset 40.00 feet left;
said point also being the Southwest comer of the City of Paris, Paris, Texas tract,
and the Southeast comer of a tract described in a Warranty Deed from Billy J.
Pitts to Joe L. Deupree and wife, Susan Deupree recorded in Deed Record
Volume 575, Page 581, Lamar County, Texas, dated January 13, 1976; said point
also being the Southwest comer of the Proposed 15.00 foot wide Construction
Easement,
(1) Thence North 02014'07"West a distance of 15.01 feet with the Proposed
West side of the 15.00 foot Construction Easement and the West line of
the referenced City of Paris, Paris, Texas tract, and the East line ofthe
referenced Deupree tract to a 1/2" Set Iron Rod, Business US 82 Station
110+69.85, Offset 55.00 feet left, for the Northwest comer of this
Proposed Construction Easement;
(2) Thence North 89034'00" East a distance of69.07 feet with the Proposed
North side of the Construction Easement to a W' Set Iron Rod being in
the East line ofthe referenced City of Paris, Paris, Texas tract, and also
being in the West line of a tract described in a Warranty Deed from Ralph
Crews and wife, Julia Ann Crews to Fantastic Furnishing, Inc. recorded in
Real Property Records Volume 465, Page 52, dated August 15, 1994, also
.
.
Sheet 3 of 3 Sheets
being Business US 82 Station 111+38.92, Offset 55.00 feet left, for the
Northeast comer of this Proposed Construction Easement;
(3) Thence South 01059'10" East a distance of 15.01 feet with the East line of
the referenced City of Paris, Paris, Texas tract and, the West line of the
referenced Fantastic Furnishing, Inc. tract, to the North line of Right-of-
Way of Business US 82 Station 111+39.33 Offset 40.00 feet left; to a 1/2"
Set Iron Rod for the Southeast comer of this Proposed Construction
Easement,
(4) Thence South 89034'00" West a distance of69.00 feet with the North
Right-of-Way of Business US 82 to the POINT-OF-BEGINNING and
containing 0.024 acres ofland.
A Plat of even date herewith accompanies this legal description.
SURVEYED ON THE GROUND MARCH 5, 2003
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MARK L. SANDERSON R.P.L.S. #4911
MEMORANDUM OF AGREEMENT
Date: June 16,2004
City of Paris
ATIN: Shawn Napier, City Engineer
150 S.E. 1st St.
Paris, TX 75460
County: Lamar
Highway No.: Business U.S. 82
Location: From FM 195 to
Collegiate Drive
Project No.: N/A
CSJ No.: 0045-09-082
Account No.: 0045-09-082
Parcel No.: 19 TE
Dear Mr. Napier:
You have indicated a willingness to sign a deed for your property, which consists of .024 acres of land
in easement located in the George W. Cox Survey, Abstract No. 164, Lamar County, Texas.
It is important to confIrm this agreement in order to avoid any possible misunderstanding as to the
details of the purchase or the process by which the Texas Department of Transportation (TxDOT) will
make payment. The payment of $725.00 as herein agreed will constitute full payment to be made by
TxDOT for the property to be conveyed to the State.
TxDOT and the owner(s) have agreed to the following provisions.
Until payment is made by TxDOT, title and possession of the property to be conveyed remains with you.
You shall bear all risk of loss to any and all such property prior to such payment. Either you or TxDOT
shall have the right to terminate this agreement.
The payment of the amount herein stated and the terms provided constitute the only promises,
consideration and conditions of this purchase; and no other promises, consideration or conditions have
been signifIed or implied, save and except any benefIts which may accrue under the State's Relocation
Assistance Program and the mutual benefits to be derived by you and TxDOT from the signing of this
agreement.
The State, without cost to the owner, will pay the cost of recording all instruments conveying title to the
State.
It is suggested that you carefully review the proposed Right of Way Deed and satisfy yourself (selves) as
to its provisions. With your signing of this agreement and execution of the deed the State will proceed
with the issuance of a State warrant which will be made out jointly to you and to Stone Title Company,
Inc., agent for Fidelity National Title Insurance Company.
Form'ROW-N-t
Rev. 512003 GSDiEPC
EXHIBIT .B-
Page t of2
This company has been designated as the State's closing agent and is responsible to see that TxDOT
obtains clear title. They will not endorse the warrant and make payment until clear title is secured. At
the same time, you have the right to withhold endorsement of the warrant and not accept payment until
you are fully satisfied on all details of the transaction.
Sincerely,
ate: June 16,2004
I (We) fully understand the Texas Department of Transportation propo.,sal as contained in this agreement
and hereby acknowledge receipt of the brochure entitled "Relocation Assistance. "
I (We) understand that relocation assistance benefits are handled entirely separate from and in addition
to this transaction and agree that my (our) execution of the Right of Way Deed is based on this
understanding.
Property Owner's Signature
Property Owner's Signature
SSN or FEI
SSN or FBI
Date
Date
Form ROW-N-l
Rev. 512003
Page 2 of2