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