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2004-144-RES EXECUTION OF ORIGINAL DEED AND MEMORANDUM OF AGEEMENT FOR THE TEXAS DEPT. OF TRANSPORTATION RESOLUTION NO. 2004-144 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. 28TE; 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 Avenue 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 A venue 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 project 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. 28TE 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. 28TE 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: APPROVED AS TO FORM: ~ Q ...~ . , ' ' '. . i , ~ .> f", ;'1'''' ,'_ --.r -c " ..0 Curtis Fendley, yor '\ ~ L~~ Account Number: 0045-09-082 Parcel No.: 28 TE County: Lamar ROW-N-83 Rev, 512003 Replaces Form D-15-83 GSD-EPC Page 1 of2 TE~ORARYEASEMENT COUNTY OF LAMAR ~ ~ ~ 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 Eight Hundred Thirty Nine Dollars ($839.00) 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. :t 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 31 sl 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 1l. ;,' ROW-N:83 Rev. Sn003 Page 2 of 2 Acknowledgement State of Texas County of Lamar This instrument was acknowledged before me on by , ,2004 Notary Public's Signature ~ < (f) I- W W :c CD (f) I N I"") N N LL ~ 0 () 0 ..--- CD I- W W I (f) c o -+-J U :J L -+-J (f) C o U<( I N N N ~ () o f' m o ..--- I I"") o ::::t:t:::: >- W > 0::::: :::> (f) o L() o o + IX) It .N " .... N N + N cD I ::: -.J u o Q. o + cD -2!- ..., ... .. ..., " 0' c.O- o . EN ~IX) OJ'" ~ " riSe > '" " "3 cr .3~ u .J u:l "'Il) ~~ V V . Ol :3 I- O>~ c: .0. N ~ .~O~~ ON 0... 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II 000 II lO 0 0 . " N 0''' 0 ~ N N - I c II II Q; II 11 II CDO::OO-,Uf- o o N ~ 81 " Ni m :s: :s: N n v If) I I I I I ~ -l ---1 ---.J ---1 'fl ...J ' ~ \....... ~ r Survey: 03-107 Sheet 2 of 3 Sheets County: Lamar Account No: CSJ No: 0045-09-082 Highway: Business US 82 (Lamar Ave.) Parcel: 28TE Grantor: The City of Paris., Texas 12.00 foot wide Construction Easement Being: 0.028 acres situated in the County ofLam~r, State of Texas, being a part of a George W. Cox Survey Abstract No. 164, also being a part of Lot 6 Block 249, City of Paris, Lamar County, Texas, in a Warranty Deed from O'Beria O'Brien and husband, Frank M. O'Brien, Jr., to The City of Paris, Texas, recorded in Deed Record Volume 420, Page 456, Lamar County, Texas, dated October 2, 1964, and being described by metes and bounds as follows: Beginning at a 1/2" Set Iron Rod in the existing South Right-of-Way of Business US 82, said point being Business US 82 Station 115+24.55, Offset 40.00 feet right; said point also being the Northwest comer ofthe referenced City of Paris, Texas tract and the Northeast comer of a tract described in a Deed of Executrix from Mary Cunningham, Executrix of the Estate of William Cole Beal, Deceased, to William E. Cupit recorded in Real Property Volume 608, Page 157, Lamar County, Texas, dated May 15, 1996; said point also being the Northwest comer of the Proposed 12.00 foot wide Construction Easement, (1) Thence North 89034'00" East a distance of97.92 feet with the South Right-of-way of Business U. S. 82, to a 1/2" Set Iron Rod for the beginning of a curve to the right, Business US 82 Station 116+22.47, Offset 40.00 feet right to the beginning of a curve to the right; (2) Thence North 89042'40" East along a curve to the right with the South Right-of-way Business U. S. 82 as follows: Radius = 7600.04', D = 00045' 14", Delta = 00000'56", Chord = 2.05', L = 2.05', Tangent = 1.02', to a point from which a 3/8" Found iron Rod bears North 00047'22" West a distance of 1.12 feet, for the Northeast comer of this Proposed Construction Easement, also being in the Northwest comer of a tract described in Warranty Deed from Violet Bowerman to Louis Bowerman, Jr., recorded in Deed Record Volume 682, Page 143, dated March 22, r.' \<"..,1 ~ ...,; Sheet 3 of 3 Sheets 1985, and the Northeast comer line of the referenced City of Paris, Texas tract, also being Business US 82 Station 116+24.53, Offset 40.00 feet right for the Northeast comer ofthis Proposed Construction Easement; (3) Thence South 00047'22" East a distance of 12.00 feet with the Proposed East side of the Construction Easement to a 1/2" Set Iron Rod, also being in the West line of referenced Bowerman tract, and the East line of the referenced City of Paris, Texas tract, also being Business US 82 Station 116+24.61, Offset 52.00 feet right, for the Southeast comer of this Proposed Constmction Easement to the beginning of a curve to the left; (4) Thence South 89041 '59" West along a curve to the left with the South line of Construction Easement as follows: Radius = 7588.04', D = 00045'18", Delta = 00000'58", Chord = 2.12', L = 2.12', TaIJ.gent = 1.06', to a 1/2" Set Iron Rod, also being Business US 82 Station fI6+22.47, Offset 52.00 feet right, in the South line of this Proposed Construction Easement; (5) Thence South 89034'00" West a distance of97.82 feet with the South line of Construction Easement, to a 112" Set Iron Rod, Business US 82 Station 115+24.65, Offset 52.00 feet right, being in the West line of the referenced City of Paris, Texas, tract, and the East line ofthe referenced William E. Cupit tract, and being the Southwest Comer of the Proposed Construction Easement; (6) Thence North 00054'55" West a distance of 12.00 feet with the West line of the referenced City of Paris, Texas, tract, and the East line of the referenced William E Cupit tract to the POINT-OF-BEGINNING and containing 0.028 acres ofland. A Plat of even date herewith accompanies this legal description. MEMORANDUM OF AGREEMENT Date: June 16,2004 City of Paris ATIN: Shawn Napier, City Engineer 150 S.E. 1 st 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.: 28 TE Dear Mr. Napier: You have indicated a willingness to sign a deed for your property, which consists of .028 acres of land in easement located in the George W. Cox Survey, Abstract No. 164, 4mar 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 $839.00 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-l Rev. 512003 GSD-EPC EXHIBIT .a. Page 1 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~al 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 FBI SSN or FBI Date Date FOnD ROW-N-t Rev. 512003 Page 2 of2