Loading...
2009-086-RES-Declaring a certain 0.3305 acre channel easement located on and across property belonging to Robert B. HayterRESOLUTION 1V0. 2009-086 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, DECLARING A CERTAIIV 0.3305 ACRE CHANNEL EASEMEIVT LOCATED ON AND ACROSS PROPERTY BELONGING TO ROBERT B. HAYTER TRUST IS NO LONGER NEEDED AND IS OF 1V0 USE TO THE CITY OF PARIS; ABANDONING SAID CHANNEL EASEMEIVT; ACCEPTING A1VD DEDICATING A 1VEW 0.3310 ACRE CHAIVIVEL EASEMEIVT LOCATED ON THE SAME PROPERTY; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO ABANDON THE EXISTING CHANIVEL EASEMENT AND DEDICATING THE NEW CHAIVIVEL EASEMEIVT; MAKIIVG OTHER FINDIIVGS AND PROVISIOIVS RELATED TO THE SUBJECT; AND DECLARING A1V EFFECTIVE DATE. WHEREAS, it has been determined by the Ciry of Paris that the existing 0.3305 acre Channel Easement located on and across property belonging to the Robert B. Hayter Trust located in the 4400 Block of SE Loop 286, as shown in the Survey attached hereto as a part of Exhibit A, is no longer needed by the City of Paris for drainage purposes; and, WHEREAS, it has been determined that this channel easement is no longer needed by citizens of Paris for drainage purposes, and the same should be abandoned; and, WHEREAS, there is a need for a new 0.3310 acre Channel Easement to be located on and across the property belonging to the Robert B. Hayter Trust for drainage purposes as shown in the Survey attached hereto as a part of Exhibit B, and the same should be approved. PARIS: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Section 1. That the findings set out in the preamble of this resolution are hereby in all things approved. Section 2. That the 0.3305 acre Channel Easement located on and across property belonging to the Robert B. Hayter Trust described in the Channel Easement Abandonment attached hereto as Exhibit A be, and the same is hereby, declared to be no longer needed by the citizens of the Ciry of Paris for drainage purposes. Section 3. That the above described existing 0.3305 acre Channel Easement, is hereby abandoned and the City Manager be, and is hereby directed to execute the Channel Easement Abandonment attached hereto as Exhibit A and any other documents necessary to abandon such channel easement. Section 4. That the 0.3310 acre Channel Easement located on and across property belonging to the Robert B. Hayter Trust, described in the Channel Easement attached hereto as Exhibit B be, and is hereby accepted and dedicated. Section 5. That this resolution shall be effective from and after the date of passage. CHANNEL EASEMENT ABANDONMENT STATE OF TEXAS } } KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR } That the City of Paris, Texas a home rule municipal corporation of the County of Lamar, State of Texas, acting by and through its City Manager, duly authorized by Resolution No. 2009- , for and in consideration of the sum of Ten and no/100 Dollars ($10.00) cash and other good and valuable consideration, in cash, to it in hand paid by the Robert B. Hayter Trust the receipt and sufficiency of which is hereby acknowledged; has Abandoned, Sold and Conveyed, and by these presents does Abandon, Sell and Convey unto the said Robert B. Hayter Trust of the County of Lamar, State of Texas, whose mailing address is 4445 SE Loop 286, Paris, Texas 75460, the City of Paris' interest in an existing 0.3305 acre Channel Easement as depicted in the survey attached hereto and incorporated herein as Exhibit A, and as further described as follows: SITUATED within the corporate limits of the City of Paris, Lamar County, Texas, a part of the Joseph Leach Survey, and being described in Tract Three Judgment recorded in Vol. 386, Page 20, Deed Records of Lamar County and being more particularly described in Exhibit A, attached hereto and made a part hereof. TO HAVE AND TO HOLD the above described property unto the Robert B. Hayter Trust for the purposes aforesaid, together with all and singular, the rights and appurtenances thereto in anywise belonging unto the said City of Paris, Texas, its successors and assigns forever. This conveyance shall be without warranty of any kind, whether express or implied. EXHiB1T I WITNESS its hand at Paris, Texas, this 10th day of August, A.D. 2009. Kevin Carruth, City Manager ATTEST: Janice Ellis, Ciry Clerk THE STATE OF TEXAS COUNTY OF LAMAR BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared Kevin Carruth, City Manager of the Ciry of Paris, Texas, 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 and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of August, 2009. Notary Public, State of Texas RETURN T0: Hayter Engineering, Inc. 4445 SE Loop 286 Paris, TX 75460 FIR MON ~ LOOP HOLDINGS, LTD RP VOL. 560, PG. 325 CALLED 1.16 ACRES ` s LO FIR r. ~ ~ _ y ROBERT B. HAYTER DR VOL. 706, PG. TRACT II Cfl C4 CALLED 2.535 ACRES ~ ~~o • \ ~ ~ y 6 0 o' p ~ G ~P ~ M ON N 39'33'55" W 60.00' i Q< ~ I SCALE: 1"=60' STATE OF TEXAS DR VOL. 386, PG. 20 SECOND TRACT CALLED 16.786 ACRES CHANNEL EASEMENT C/TY OF PAR1S 0.3305 ACRES LAMAR COUNTY, TEXA NOVEMBER 2008 LL.-1ZE'-` a • FIR FIR - - - _ v ■ MON - ' - / ~ x RP CLAR _ ~MON DR KSVILLE STREET POB I, KEVIN K. WFiITLEY, REGISTERED PROFESSIONAL LAND SURVEYOR FOR THE STATE OF TEXAS, RPLS #5892, DO HEREBY CERTIFY THAT THE PLAT SHOWN HEREIN REPRESENTS AN ACTUAL ON-THE- GROUND SURVEY CONDUCTED BY ME, COMP TED ON NOVEMBER 17, 2008. 4- , REGISTERED PROFESSIO A LAND SURVEYOR Iq HArres+ EHOfNEERfNO THE REfERENCE BEARING FOR THE TRACT OF IAND SHOYM HF]tEON IS THE /NCORPORRT'ED WEST BOUNDARY UNE OF THE CALLED 2535 ACRE TRACT OF LAND CONVEYED 70 7HE ROBERT B. HAY7ER TRUST AS RECORDED M DEED corrsucrAxrs Pu►rNnM worNrans s4.ra s.r. wov sss Pwnia, rous RECORDS VOIUME 706. PAGE 303. JOSEPH LEACH SURVEY A-524 S 1417'S5" E 66.35' FOUND IRON ROD RIGHT-OF-WAY MONUMENT POINT FOR CORNER REAL PROPERTY RECORDS DEED RECORDS POINT OF BEGINNING OF NK.WI ~ 5892 _;°f S S\ EXHlBiT .,L FIELD NOTES 03305 Acres Lamar County, Texas November 2008 Being 0.3305 acres of land, commonly known as part of Lot 8-13, of Block No. 287 as shown on the City of Paris tax maps, situated within the corporate limits of the City of Paris, County of Lamar, State of Texas, being a part of the Joseph Leach Survey A-524, also being all of a called 0331 acre channel easement awarded to the State of Texas from J.L. Jopling Et. Al. on March 23, 1962 and recorded as the Third Tract in volume 386, page 20 of the Deed Records of said county, and also being part of a tract of land as conveyed from Hayter Inc. to Dolores Reeves Hayter and R. Reeves Hayter, Co-Trustees of the Robert B. Hayter Trust on March 2, 1987, and recorded as Tract II in volume 706, page 303 of the Deed Records of said county. The said 0.3305 acre tract fully described by metes and bounds as follows: Beginning at a point in the West right-of-way line of Loop No. 286, said point being located N 14°175 5" W a distance of 143.16 feet from a concrete right of way monument found at Loop No. 286 Station 308+00; Thence S 50°26'05 " W, a distance of 11.06 feet to a point for corner; Thence N 39°33'S5" W, a distance of 60.00 feet to a point for corner; Thence N 50°26'OS" E, a distance of 254.12 feet to a point for corner, said point also being in the West right-of-way line of Loop No. 286, said point also being located S 14°17'S5' E a distance of 193.67 feet from a concrete right-of-way monument found at Loop No. 286 Station 304+00; Thence S 14° 17'S5" E, along the West right-of-way line of Loop No. 286 a distance of 66.35 feet to the Point Of Beginning and containing 03305 acres of land. I, KEVIN K. WHITLEY ABOVE SETDAK OFFROM M A UREMENTS MADE UPON THE ROUND. S HEREBY CERT[FY TH . ,7%`.'~ ,C ~ s T E P~c-~OF TF~ U ~Q G ~ : KEVlN K. WHITLEY 5892 q9~~ES S~~?OQ 3UM . CHANNEL EASEMENT STATE OF TEXAS } COUNTY OF LAMAR } KNOW ALL MEN BY THESE PRESENTS: That the Robert B. Hayter Trust B, by and through its Trustee, R. Reeves Hayter, 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 us in hand paid by CITY OF PARIS, Texas, the receipt and sufficiency of which is hereby acknowledged, do hereby sell, give, and grant unto the said CITY OF PARIS, a home rule municipal corporation, of Lamar Counry, Texas, (hereinafter referred to as Grantee) a perpetual channel easement described as follows: SITUATED within the corporate limits of the City of Paris, County of Lamar and State of Texas, a part of the Joseph Leach Survey, and being a part of Lot 8-13, City Block 287 as shown on the City of Paris Tax maps, being a 0.3310 Acre Channel Easement, and being more particularly described by metes and bounds in Exhibit B attached hereto and made a part hereof (the "Premises"). 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 drainage facilities placed or to be placed therein; provided that Grantee will, after doing any work in connection with the construction, reconstruction, relocating or maintenance of said drainage facilities, restore the Premises as close to the condition to which said Premises 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 EXHfB{T ..a 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, fence, tree or other permanent structure on the above-described perpetual channel 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 itself, its 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, 2009. ROBERT B. HAYTER TRUST B R. Reeves Hayter, Trustee STATE OF TEXAS } COUNTY OF LAMAR } BEFORE ME, the undersigned authority, on this day personally appeared R. Reeves Hayter, Trustee of the Robert B. Hayter Trust B, 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, 2009. Notary Public, State of Texas RETURN T0: City Attorney City of Paris P. 0. Box 9037 Paris, TX 75461-9037 M ON ~ LOOP HOLDINGS, LTD RP VOL. 560, PG. 325 CALLED 1.16 ACRES FIR ~ , y N 50'26,05° E 34.66' , p = 64'44'00°: FIR R = 50.00' T = 31.69' 1 L = 56.49' CH = 53.53' CDBR = N 18'04'05" E i i ~ ROBERT B. HAYTER TRUST ~ i i i S 50'26'05" W 11.06' POB ILO DR VOL. 706, PG. 303 TRACT II ~ CALLED 2.535 ACRES ~~v-'Lp 0 1 t r- i~/ i ~ 0.3310 ACRES MoN ~ ~ ~ i wro tq b ai ~ ~ r C19 / CHANNEQ. EASEMENT CITY OF PARIS 0.3310 ACRES E.AIVIAR COUNTY, TEXA NOVEMBER 2008 • FIR FIR Z ~ B MON - - ~ " _ _ _ / RP C - ~ MON DR LARKSVILLE STREET P08 I, KEVIN K. WHITLEY, REGISTERED PROFESSIONAL LAND SURVEYOR FOR THE NEREIN RE RESENTS AN ACTUAL ON ETHE-GROUND Y SURVE CONOUCTED BYN ME. COMPLE D ON NOVEMBER 10, 2008. REGISTER D PROFESSIONAL ~K,ND SURVEYOR lq HAYTER ENOINEERINO ~5 RB~NDAFtY UNE ' OF TM A Z5~ ACLAND ~E T~CTN OF ~ IS THE INCORPORATED coNVEYED 70 THE ROBERT B. HAYTFR TRUST AS RECOFtDED IN DEED CONSULTAlT! ►i.u+Nirs LMQIN!=RS RECORDS VOLUUE 706, FAGE 303• .µ~e 1.G LOOP 4M PAR13. TOUS JOSEPH E.EACK SURVEY A-524 I S 14'17'55" E SCALE: 1"=60' 60.82' fOUND IRON ROD RIGHT-OF-WAY MONUMENT POINT FOR CORNER REAL PROPERTY RECORDS DEED RECORDS POINT OF BEGINNING EXHf BIT ~ FIELD NOTES 0.3310 Acres Lamar County, Texas November 2008 Being 03310 acres of land, commonly known as part of Lot 8-B, of Block No. 287 as shown on the City of Paris tax maps, situated within the corporate limits of the City of Paris, County of Lamar, State of Texas, being a part of the Joseph Leach Survey A-524, also being part of a tract of land as conveyed from Hayter Inc. to Dolores Reeves Hayter and R. Reeves Hayter, Co-Trustees of the Robert B. Hayter Trust on March 2, 1987, and recorded as Tract II in volume 706, page 303 of the Deed Records of said county. The said 03310 acre tract fully described by metes and bounds as follows: Beginning at a point in the West right-of-way line of Loop No. 286, said point being located N 14°17'S5" W a distance of 143.16 feet from a concrete right of way monument found at Loop No. 286 Station 308+00, said point also being located at the Southeast comer of an existing called 0.331 acre channel easement awarded to the State of Texas from J.L. Jop(ing Et. Al. on March 23, 1962 and recorded as the Third Tract in volume 386, page 20 of the Deed Records of said county; Thence S 50°26'OS" W, along the South line of the aforementioned channel easement a distance of 11.06 feet to a point for corner; . Thence S 14° 17'S5" E, parallel to and ] 0 feet west of the West right-of-way line of Loop No. 286 a distance of 133.82 feet to a point for corner, from said point a concrete right of way monument found at Loop No. 286 Station 308+00 bears S 79°30'03" E a distance of 11.02 feet; Thence S 35° 17'S0" W, parallel to and 10 feet West of the West right-of-way line of Loop No. 286 a distance of 150.27 feet to a point for corner, from said point a concrete right-of-way monument found at U.S. Business 271 (Clarksville Street) Station No. 106+00.1 bears S 21°40'30" E a distance of 11.93 feet; Thence N 04°10'38" W, a distance of 78.65 feet to a point for corner; Thence N 35°17'S0" E, parallel to the West right-of-way line of Loop No. 286 a distance of 66.45 feet to a point for corner; Thence N 14017'S5" W, parallel tothe West right-of-way line of Loop No. 286 a distance of 116.25 feet to a point for corner, saod point being at the beginning of a curve to the right having a radius of 50.00 feet and a central angle of 64 44 00 to a point for corner; Thence along said curve to the right an arc distance of 56.49 feet (chord bearing and distance of N 18°04'OS" E 53.53 feet) to a point for corner; Thence N 50°26'OS" E, a distance of 34.66 feet to a point for corner, said point also being in the West right-of- way line of Loop No. 286, said point also being located S 14°17'S5' E a distance of 199.20 feet from a concrete right-of-way monument found at Loop No. 286 Station 304+00; Thence S 14°17'S5" E, along the West right-of-way ]ine of Loop No. 286 a distance of 60.82 feet to the Point Of Beginning and containing 0.3310 acres of land. I, KEVIN K. WHITLEY, REGISTERED P EN FROM MEASUREMENTS MADE UPON THE GROUND. S~ HEREBY CERTIFY THE ABOVE IS TAK AA.~V itllo f w°S M ON ~ LOOP HOLDINGS, LTD RP VOL. 560, PG. 325 CALLED 1.16 ACRES ~ ~%p o IR N 50'26'05" E ~ - 34.66'-~ ~ p = 64'44'00": , 1', ' FIR R - 50.00' T = 31.69' L = 56.49' CH = 53.53' CDBR = N 18'04'05" E i i i ~ ROBERT B. HAYTER TRUST i i i i JOSEPH LEACH SURVEY A-524 S 14'17'S5" E 60.82' S 50'26'05" W 11.06' POB LO ~ DR VOL. 706, PG. 303 ~ • TRACT II ~i E' ~ i ~p 1 ifl CALLED 2.535 ACRES 0 3-'^ / / • / / / ~ ~ \ ~ / ♦ Z ~ ~ 3310 0 . ACRES MoN . ~ h 3 r / ^ M tr) ' h o 00 ~ r / ;t C-2 ~ I SCALE: 1"=60' CHANNEL EASEMENT CITY OF PAR/S 0.3310 ACRES LAMAR COUNTY, TEXA NOVEM9ER 2008 LLQLN2 • FIR FIR Z ~ ■ MON - - - ~ x RP C~ - ~y MON DR ARKSVILLE STREET POB I I, KEVIN K. WHITLEY, REGiSTERED PROFESSIONAL LAND SURVEYOR FOR THE STATE O P #5892, E GROUD Y SURVECONDLCTED BYN HEREIN E RESENS AN ACTUAL ON-TH ME, COMPLE D ON NOVEMBER 10, 2008. tq HAYTER 15 7HE ENOINEEHINO ~5T 8NDARY UNEI OF THE CAU.E~ A Z5~ ACLAND RE iRC~ OF L~~~ INCORPORATED coNVEYED TO THE ROB£RT B. HAYTER TRUST AS RECORDED IN DEED cor+sucr~~+rs ►u►rr+~es wo~a~rws RECOft05 VOI.UAIE 706. PAGE 303. 4446 i.L LOOP SN IMIl, 7LX.~3 FOUND IRON ROD RIGHT-OF-WAY MONUMENT POINT FOR CORNER REAL PROPERTY RECOROS DEED RECORDS POINT OF BEGINNING FIELD NOTES 0.3310 Acres Lamar County, Texas November 2008 Being 03310 acres of land, commonly known as part of Lot 8-B, of Block No. 287 as shown on the City of Paris tax maps, situated within the corporate limits of the City of Paris, County of Lamar, State of Texas, being a part of the Joseph Leach Survey A-524, also being part of a tract of land as conveyed from Hayter Inc. to Dolores Reeves Hayter and R. Reeves Hayter, Co-Trustees of the Robert B. Hayter Trust on March 2, 1987, and recorded as Tract II in volume 706, page 303 of the Deed Records of said county. The said 0.3310 acre tract fully described by metes and bounds as foltows: Beginning at a point in the West right-of-way line of Loop No. 286, said point being located N 14° 17'S5" W a distance of 143.16 feet from a concrete right of way monument found at Loop No. 286 Station 308+00, said point also being located at the Southeast corner of an existing called 0331 acre channel easement awarded to the State of Texas from J.L. Jopling Et. Al. on March 23, 1962 and recorded as the Third Tract in volume 386, page 20 of the Deed Records of said county; Thence S 50°26'OS" W, along the South tine of the aforementioned channel easement a distance of 11.06 feet to a point for corner; . Thence S 14°17'S5" E, parallel to and 10 feet west of the West right-of-way line of Loop No. 286 a distance of 133.82 feet to a point for corner, from said point a concrete right of way monument found at Loop No. 286 Station 308+00 bears S 79'30 03 E a distance of 11.02 feet; Thence S 35°17'S0" W, parallel to and 10 feet West of the West right-of-way line of Loop No. 286 a distance of 150.27 feet to a point for corner, from said point a concrete right-of-way monument found at U.S. Business 271 (Clarksville Street) Station No. 106+00.1 bears S 21°40'30" E a distance of 11.93 feet; Thence N 04°10'38" W, a distance of 78.65 feet to a point for corner; Thence N 35°17'50" E, parallel to the West right-of-way line of Loop No. 286 a distance of 66.45 feet to a point for corner; Thence N 14°17'S5" W, parallel tothe West right-of-way line of Loop No. 286 a distance of 116.25 feet to a point for corner, saod point being at the beginning of a curve to the right having a radius of 50.00 feet and a central angte of 64 44 00 to a point for corner; Thence along said curve to the right an arc distance of 56.49 feet (chord bearing and distance of N 18°04'OS" E 53.53 feet) to a point for corner; also West the right Thence N 50°26'05" E, a distance of 34.6 beent tlocated S 14°17 SSr,E at dp~ance of 199.20 feet f om a conc ete way line of Loop No. 286, said point also g right-of-way monument found at Loop No. 286 Station 304+00; Thence S 14°17'S5" E, along the West right-of-way line of Loop No. 286 a distance of 60.82 feet to the Point Of Beginning and containing 03310 acres of land. I, KEVIN K. WHITLEY, REGISTERED PROFEROM MEASUREMENTS MADE UPON HE GROUND S~ HEREBY CERTIFY THE ABOVE IS TAKEN F lil,o/u'°S 41