19-Deliberate and act on a resolution approving the execution of a Reciprocal Easement Agreement between the City of Paris and William De.G. HaydenCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originating Department:
Presented By:
Agenda Item No.:
01/20/10
Council Date:
Legal
Kent McIlyar
19.
O1/25/10
RECOMMENDED MOTION:
Move to approve the execution of a reciprocal easement agreement with William DeG. Hayden to grant
nonexclusive ingress and egress easements over, along, and across a 0.849 acre tract belonging to
Hayden and a 4.028 acre tract belonging to the City of Paris, both tracts being a part of property known
as Heritage Park.
POLICY ISSUE(S):
Property management
BACKGROUND:
Several years ago Dr. William DeG. Hayden donated property adjacent to Heritage Hall to the City of Paxis
that now houses the Lamar County Historical Society Museum. Unfortunately, the donated property was
limited to the exact footprint of the museuxn building. Dr. Hayden also owns Heritage Hall, which is
adjacent to the Museum building and the land that goes with Heritage Hall encapsulates the Museum
building. The City owns the Depot and all of the parking lot except for the row immediately in front of
Heritage Hall. Nonetheless, the Museum building effectively does not have legal access to Kaufman Street
or the City's parking lot. The proposed easement allows both parries to cross each other's pYOperty.
BOARD/COMMISSION RECOMMENDATION:
EXHIBITS:
Resolution with reciprocal easement agreement
ACTION:
BUDGET INFO:
❑ Financial Report ❑ Minute Order
Expense
$N/A
❑ Department Report ~ Resolution
Budgeted Amt.
$N/A
❑ Presentation ❑ Ordinance
y'I'D Actual
$N/A
❑ Public Hearing ❑ Other
Acct. Name
N/A
Acct. Number
N/A
FISCAL NOTES:
REVIEWED AND APPROVED BY:
❑ Administration ❑ City Cletk ❑ Community Development ❑ EMS/IT [D Finance ❑ Fire
❑ Municipal Court N Legal ❑ Libraty ❑ Police ❑ Eng./Public Works ❑ Utilities
City of Paris Revised 2/04/08
DRAFT
attorney\reswork\current\Reciprocal Easement - Heritage Park Res 2010
RESOLUTION N0.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
TEXAS, APPROVING THE EXECUTION OF A RECIPROCAL EASEMENT
AGREEMENT BETWEEN THE CITY OF PARIS AND WILLIAM DeG.
HAYDEN TO GRANT NONEXCLUSIVE INGRESS AND EGRESS
EASEMENTS OVER, ALONG AND ACROSS A 0.849 ACRE TRACT
BELONGING TO HAYDEN AND A 4.028 ACRE TRACT BELONGIIVG TO
THE CITY OF PARIS, BOTH TRACTS BEING A PART OF PROPERTY
KNOWN AS HERITAGE PARK; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, William DeG. Hayden previously donated property to the Ciry of
Paris which is known as Heritage Park; and,
WHEREAS, in order to assure ingress and egress to accommodate access to the
building used for the Paris and Lamar County Historical Museum it is necessary
Hayden and the City of Paris enter into a Reciprocal Easement Agreement granting
exclusive access to the Historical Museum Building; and,
WHEREAS, it is deemed appropriate and in the best interest of the citizens of
the City of Paris that the City of Paris enter into a Reciprocal Easement Agreement, in
the form attached hereto as Exhibit "A", with Hayden and the same should be
approved; and,
WHEREAS, the City Manager should be authorized to execute said Reciprocal
Easement Agreement on behalf of the City of Paris and any other documents
necessary achieve exclusive access as described in Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF 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 Reciprocal Easement Agreement between the Ciry of
Paris and William DeG. Hayden to grant nonexclusive ingress and egress easements
over, along and across a 0.849 acre tract belonging to Hayden and a 4.028 acre tract
belonging to the City of Paris be, and the same is hereby approved.
Section 3. That the City Manager of the City of Paris, be, and he is hereby
directed to execute on behalf of the Ciry of Paris the Reciprocal Easement Agreement,
substantially in the form attached hereto as Exhibit "A".
- ~ 0C195
Section 4. That this resolution shall be effective from and after the date of
passage.
PASSED AND APPROVED this 25th day of January, 2010.
Jesse James Freelen, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
C G~~9U
RECIPROCAL EASEMENT AGREEMENT
THIS Cross Easement Agreement (the "Agreement") is effective this _ day of
January, 2010 by and between ELIZABETH HAYDEN, Individually and as duly
authorized agent and attorney-in-fact for William deG. Hayden (herein called "Hayden")
and THE CITY OF PARIS, by and through its duly authorized Representative (herein called
the "The City").
RECITALS:
A. Hayden is the owner of a tract of 0.849 acre of land in the Asa Jarman Survey,
Abst. No. 479, in the City of Paris, Lamar County, Texas, Save, Except and
Less a tract of 0.166 acre of land, leaving a net of 0.683 acre of land; same being
more fully described as Parcel One on Exhibit "A" attached hereto and made a
part hereof for all necessary purposes (herein called "Parcel One").
B. The City is the owner of a tract of 4.028 acres of land in the Asa Jarman Survey,
Abst. No. 479, in the City of Paris, Lamar County, Texas, adjacent to Parcel
One; same being more fully described as Parcel Two on Exhibit "A" attached
hereto and made a part hereof for all necessary purposes (herein called "Parcel
Two').
C. The City is the owner of 0.166 acre lot (building) used for the Paris and Lamar
County Historical Museum (herein called the "Museum"); same being set out as
Parcel Three on Exhibit "A" attached hereto and made a part hereof for all
necessary purposes (herein called "Parcel Three").
D. The City and Hayden each desire to grant nonexclusive ingress and egress
easements over, along and across each of the Parcels referred to above.
E. The City and Hayden each desire to grant an exclusive easement to Parcel Three.
GRANT OF EASEMENT
For valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, in reliance upon the above recitals, and in consideration of the promises and
covenants contained herein, The City and Hayden declare and grant unto the other, that Parcel
One, Parcel Two, and Parcel Three (herein called "the Parcels") are and shall be, subject to
nonexclusive cross easements for ingress and egress over the paved driveway and walkway
portions of Parcel One and Parcel Two, as presently or hereinafter constructed, subject to the
following terms and conditions:
1. The use of the cross easements will be limited solely for vehicular and
pedestrian ingress and egress to and from all abutting streets or rights-of-way
furnishing access to such Parcels. Any use of the cross easements shall not
unreasonably interfere with the use of the burdened parcel. At no time shall any
EXHlBIT _8,._
i~0 E 19i
unreasonably interfere with the use of the burdened parcel. At no time shall any
party unreasonably block or obstruct access. No cross parking rights are granted
herein except for those set forth in paragraph 3 below.
2. The grant of cross easements shall run to benefit of and burden Parcel One,
Parcel Two, and Parcel Three, and shall be binding upon the owners of same,
their heirs, successors, assigns, agents, licensees, invitees, and tenants.
3. In addition, Hayden hereby also grants unto The City an exclusive easement for
the right to the use of Parcel Three, as shown on the Site Plan attached hereto as
Exhibit A and made a part hereof; such area to be reserved solely for the use of
the Museum, its tenants, and their respective, agents, employees, customers,
licensees and invitees; and with the further right to use of the parking spaces of
The City and Hayden, as shown on Parcel One and Parcel Two of the Site Plan.
The grant of these easements shall run to the benefit of Parcel Three and burden
Parcel One and Parcel Two, and shall be binding upon the owners of same, their
heirs, successors, assigns, agents, licensees, invitees and tenants.
4. The easements shall become effective upon execution of this agreement; shall be
perpetual; and may not be terminated without the written consent of both parties.
5. The owner of Parcel One will be obligated and responsible for configuring the
cross-easement, including the roadways and the parking spaces located thereon
for which an easement has been granted to Parcel Three herein, and maintaining
the easement, including the roadways located therein, on Parcel One. The owner
of Parcel Two will be obligated and responsible for maintaining the easement
areas, including the roadways and the parking spaces located thereon for which
in easement has been granted to Parcel Three herein, on Parcel Two. All
maintenance shall be at the same standard which shall be set by the level of
maintenance on the remainder of each respective Parcel, or as may be required to
maintain such areas in a manner consistent with the Downtown area of The City
of Paris.
6. Nothing contained herein shall prohibit the parties hereto from reconfiguring or
altering the parking areas and driveways located on their respective properties or
making other alterations to their properties so long as such reconfiguration or
alteration does not unreasonably interfere with the other party's access to their
Parcel, or modifies the exclusive parking area and access thereto on the adjacent
Parcels. All such alterations or reconfigurations to be submitted to the City of
Paris Planning & Engineering Department for review, approval and permitting
where necessary. During any maintenance, construction, repair, or
reconstruction on Parcel Two, the owner of Parcel Two shall not, without Parcel
One's (and the Museum's during the continuance of its leasehold interest in
Parcel Three) prior written consent, close off any access point and/or drive
leading to or from Parcel Two, except that the owner of Parcel Two may close
an access point and/or drive leading to or from Parcel Two to an extent not
~ n;~r,,19
v
exceeding fifty percent (50%) of the area of such access point and/or drive, or
the owner of Parcel Two may wholly close off one of the two (2) current access
points and/or drive leading to or from Parcel Two as shown on Exhibit A,
provided the other current access point and/or drive leading to Parcel One is kept
wholly open.
7. Hayden and any subsequent owner of Parcel One shall defend, indemnify and
hold any other owner harmless from any claims, damages and/or judgments made
by any third party arising out of or resulting from any occurrence within or upon,
or pursuant to the use of, the cross easement of Parcel One subject to the
easement. To the extent authorized by law, the City and any subsequent owner
shall defend, indemnify and hold any other owner harmless from any claims,
damages and/or judgments made by any third party arising out of or resulting
from any occurrence within or upon, or pursuant to the use of, the cross easement
on Parcel Two subject to the easement. The indemnities and duties to defend shall
apply for the benefit of the owner of Parcel Three, their tenants, guests, invitees,
successors and assigns. Provided, however, nothing stated in this section shall be
interpreted as a waiver of the City's sovereign or governmental or official
immunity.
8. The owners of all the Parcels shall not place or erect any fence, barrier, or other
obstruction on the easement between the Parcels.
9. This easement may be signed in counterparts, each of which shall be deemed an
original, but all of which shall constitute but one document.
10. The Museum is a third-party beneficiary of this Cross Easement Agreement and
is entitled to enforce its provisions so long as it is a tenant of or as subsequent
owner of Parcel Three. Nothing in this agreement shall be deemed or construed
by any parry or by a third person to create the relationship of principal and agent,
or of limited or general partners, or of joint venturers, or of any other association
between the parties.
11. Any breach of this easement may be enforced by a remedy of specific
performance (or other equitable remedy) as well as damages. The prevailing
parry will be entitled to an award of attorney's fees and costs. The determination
of the prevailing parry and amount of fees and costs awarded shall be set by a
court. No waiver of any default of any obligation by any parry hereto shall be
implied from any omission by the other parry to take any action with respect to
such default. In addition to all other remedies available at law or in equity, upon
the failure of a defaulting Owner to cure a breach of this Agreement within thirty
(30) days following written notice thereof by an Owner or the Museum (unless,
with respect to any such breach the nature of which cannot reasonably be cured
within such 30-day period, the defaulting Owner commences such cure within
such 30-day period and thereafter diligently prosecutes such cure to completion),
the Museum or any Owner shall have the right to perform such obligation
~ (J0L19i
contained in this Agreement on behalf of such defaulting Owner.
Notwithstanding the foregoing, in the event of (1) an emergency, (ii) blockage or
material impairment of the easement rights, and/or (iii) the unauthorized parking
of vehicles on Parcel One or Parcel Two, Owner or the Museum may
immediately cure the same.
12. This easement shall be governed by the laws of the State of Texas. This
Agreement shall not be modified except in writing signed by all parties.
13. General. Each Parcel shall be used for lawful purposes in conformance with all
restrictions imposed by all applicable governmental laws, ordinances, codes, and
regulations, and no use or operation shall be made, conducted or permitted on or
with respect to all or any portion of a Parcel which is illegaL If any provision
contained herein shall be held to be invalid or to be unenforceable or not to run
with the land, such holding shall not affect the validity or enforceability of the
remainder of this Agreement.
14. Insurance. Throughout the term of this Agreement, each Owner shall procure
and maintain general and/or comprehensive public liability and property damage
insurance against claims for personal injury (including contractual liability
arising under the indemnity contained in paragraph 6 above), death, or properly
damage occurring upon such Owner's Parcel, with single limit coverage of no
less than an aggregate of $ , including umbrella coverage, if
any, and naming each other Owner and the Museum during the continuance of
the Museum's Lease (provided the Owner obtaining such insurance has been
supplied with the name of such other Owner in the event of a change thereof) as
additional insureds. The City of Paris and the Museum (whether as tenant under
the Lease or in the event Museum becomes an Owner of a Parcel) may elect to
self-insure and/or carry insurance required hereunder under master or blanket
policies of insurance.
15. Taxes and Assessments. Each Owner shall pay (or cause to be paid) all taxes
assessments, or assessments, or charges of any type levied or made by any
governmental body or agency with respect to its Parcel, if applicable.
16. No Rights in Public• No Implied Easements. Nothing contained herein shall be
construed as creating any rights in the general public or as dedicating for public
use any portion of either of the Parcels. No easements, except those expressly set
forth herein, and in that regard, and without limiting the foregoing, no easements
far drainage or utilities are granted or implied. It is intended that each of the
easements, covenants, conditions, restrictions, rights and obligations set forth
herein shall run with the land and create equitable servitudes in favor of the real
property benefitted thereby; shall bind every person having any fee, leasehold or
other interest therein; and shall inure to the benefit of the respective parties and
their successors, assigns, heirs, and personal representatives.
LqOG20u
17. Notices. Notices or other communication hereunder shall be in writing and shall
be sent certified or registered mail, return receipt requested, or by other national
overnight courier company, or personal delivery. Notice shall be deemed given
upon receipt or refusal to accept delivery. Each party may change from time to
time their respective address for notice hereunder by like notice to the other
party and the Museum. Notice given by any owner hereunder to be effective
shall also simultaneously be delivered to the Museum (during continuance of its
Lease). The notice addresses for Parcel One, Parcel Two, and Parcel Three are
as follows:
Parcel One: Elizabeth Hayden, Individually and as
duly authorized agent and attorney-in-fact
for William deG. Hayden
930 Cardinal Lane, Paris, Texas 75460
Parcel Two: The City of Paris
Attn: City Manager
P. O. Box 9037
Paris, Texas 75461-9037
Parcel Three: Paris & Lamar County Historical Museum
1009 West Kaufman Street, Paris, Texas 75460
Attention:
IN WITNESS WHEREOF, the parties have executed this Cross Easement Agreement
the day of January, 2010.
THE CITY OF PARIS, TEXAS
ELIZABETH HAYDEN
Individually and as duly authorized
agent and attorney-in-fact for
William deG. Hayden
THE STATE OF TEXAS
COUNTY OF LAMAR )
BY:
Kevin Carruth, City Manager
Duly Authorized
ACKNOWLEDGMENT
THIS instrument was acknowledged before me on the day of January, 2010, by
ELIZABETH HAYDEN, in the capacities therein stated.
Notary Public, State of Texas
,o~;2~1~.
THE STATE OF TEXAS
COUNTY OF LAMAR
ACKNOWLEDGMENT
THIS instrument was acknowledged before me on the day of January, 2010, by Kevin
Carruth, City Manager, on behalf of The City of Paris, and in the capacity therein stated.
Notary Public, State of Texas
AFTER RECORDING, RETURN T0:
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FIELD IJOTES
Silunted withln ihe Limits af lhe Clty oo f Paris, Gounty af Lama1; ond State of Texas,- parl of lhAso Jorman Surv/ 5479, or~d being part of lol c nveyzd lo William daG Hayd=n by tleed
coMed in Vol. 752, Po9e 88, in lhe Real Properly Remrds of soid County and Slale, said lot
b^ing Y.nown as Iet G, Cit/ 91ock 129-A (plal not recorEed).
c.rBeQidI1rq at the Nortneasl co of saia Hayden lol and al lhe Norlhwes[ comer a lot
veyed to John S. Monis by deed recorded in Vol. 'L34. Page 149, in lhe Oeed ftecortls of said
County and Slota, sald LAorris lot being known as bl 1, City Qlock 129-A.
Thence South 0'00'06' Eost at 0.90 feet passing a f" capped (NELSON SUftVEYING) ito
pin (irs) lor ralerenco and contln~~in~ on a "tol Oi"ance t 28.1.'J6 ieel to a 3/8" Won pin(1) (or
al Ihe SO~lheasi ccnr of 5oid Hpyden lol, oI SM1e Easterly Dorlheasl corne, af a cailed
4.028 acre tract ot lond cnvoycd io the Cily of Paris Gy deeC recarded In VoI.900, P.U. 288. In
said Real Properly Records, and in lhe Wesl Boundory Llne o! Auslin St.;
Th<nce South 89"35'47" tVest I d'r,tnnce ot 729.99 fee[ te a" capped (NEl50H
cURVEYING) ir n pin ((rs) for at the Southweat romer of sald Floyden l01 and ol an el
S
r of said Gily of Paris 4.028acre Voct;
nPrThence Nurth 0'09'06" West a distnnce of 284,97 feet ta a hole (s, drllletl) in crete for
al the Northwest c of sald Hayden lol and at the Noriherly Norlhwesl camer of sald
come, Glty of Parls 4.028 acre b'actr
Thence East along the Soulh Boundary Una of W. Koufman St. o distance of 129.58 feet to
the plor.. of heginnlng and <onfnining 0.849 Acres oi lan4,
Sove anC Except the fdlnwing described iracL
Sltuated wilhin lhe Umit> of the City ol Paris, County ef lamar, and Slole of Teras, part of the
Asa Jarman Survey #479, and being o lot (baildin9) co veyed lo lhe Cily of Paris for use ds lhe
Paris and Lomor County Historical Muse,im a recorded~in vol. 881. Paqe 266, in tha Real
Praperly Records of said County and Stale, said Cily of Paris lol being Dort of a lot conveyed to
Mliom aeG Hayden by deed recorded in V.I. 752, Page 88, in said Real Property Records.
Beginning at lne Soutnwes[ comer of the builJingdonated to the City of Parisfor use s lhe
Poris and Lamar County Ilistorical A+use~im for <orner, said coner being North 71'37'05' East a
di3tanca of 14.43 feet irom a'e" capped (N[LSON SURVEYING)iron pin (irs) for comer at tha
S..utnwesl c rr~z cf yoitl hlayden bt and at an el car er ot a c-aIlod 4.028 acre Uoct of WnG
veyeA to~the City of Pnris by deed re cordeG in Voln 900, Paqe 288, in saidReal Property
Records.
Thence South 89'59'02" East a distance af 60.03 feet to lhe Sautheast co r of said building;
Thence North 0'00"21" West a dislonce of 120.78 feet to the Norlheast career of said builAing;
Thence South 85'49'13" West a aislnnce of 60.04 (eet to the o/iginal Norihwest comer nf said
builAing;
Then<e iouth 0'00'21" East a Gislance of 120.58 feel Lo Ihe placE of Geginning containing
0.106 0l land, leaving said N'illian deG Haydzn lot wilh a lofal ot 0.68, - acres of lond.
I, J.M. Nelson, Registered Pro~essionnl Land Surveyor of Tnxos, ij4025, co~tify to WJliam
de(; Hayden , that lhe above deplcted ond tlescribed tract o~ land was Iaken ~rom an actvol
vey made on it,e ground and complefed by m n lhe 7lh doy o! October, 20o9,thal the Plat,
the Field Noles, und lhe Le9enA/General Notes, a e to be o e tlocument ond to be re orded
e, tha[ thxre doesn~t appaar tc pe uny vislGle in~provements, e er~ls c u e achments
other than those s~own thereon, anE thal this tracl of land does not oppxar to Iiein a flood zone
as 'inAlroIzA ny Comm-lty Panel No_ 4811427 0O03 oi .n Flond Irnnc e Rota Maps.
, ` V ` -/-\0
J.IA. Nelson. RPSL of iexos, q4025 date
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1" = 20'
1. This survey. bolh plal and f'eld notea a e only val'd it il has un o6944 n s gnaturc ond seal A copy af lhls
a e to be -d for inspection
e e vod fanetl a emailed coFes r
vey wlh o prio~ sgna[ure dale lo ths an a
purposes only. Si9nee copies will Le mailed to required parties. Any changas moaewJl void Ihis s rvey.
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2. This survey is lor the use ot the pa
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by parliea alher than lhaee cerlified to. Surveyor es es no liability for any unaumoriz-d copi<s.
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FLOW 20NES
Rural 100 Year Flood Zones are s ned and Inserlad using Flood Hozard 6oundary Alaps, as naled by ihe
CI n.niunily Panel No. on Lhe plal and lleld nol<s.
'
inns, it
b. Urban 100 Yoar Flaod Zoriea may ba scannatl ond inserted, bu[ alsa moy be lowled by alevut
elevol'icn. are avnilonlc, from vn acluol surwy matl< on Ue yround, using inl-tian fom the Cammiinity Pcnal
ol the Floodinsurance Rale Maps as noledon the nioi ona reie noles
an- r
a Sa ny abmonmai co~awo~s, enne~ by m mme o oat~~m
sulley« a~semes no uaenuy ro, noods o u
In or out of flood zanes
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4. Easis of bearing (refarence Gearing) moybe as med, tled lo tleed calls of the sub jecl tmct, to a adpining
traci, or to a related itam. lTe bosis ai beoring wll be noteE an the pial ond flNtl nolee, but may nai joln the
~
subject «cer`ner= can e
5. Some o no. be set arounl and under lences, bul w show a r~terence Irem o n earby posl or olher
known nC locatablo objecL.
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6. FENCES
ted.
g: euun0ory line Is lhe (enca ur~leSs olherwlse i~
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. w' bcundory Ilne Is nea r olong3lae of lence uNess oll~erwlac noled.
7. GhecY, plats antl feld noles tor addilianal inlormacion o:ubstanlial aiffe:encee between legcl deacriplione o
~
the deeds and acutal surveys ma~e on lhe ground.
e. Baro~e a~v cons~.~~eoo. au ~tnrtv aomva~tes o. tn<o- oyents. snawe ba - IcIee ro. -t- of in_
respectlve ulilily Ilnes, whelher the tllity line is overhead or underground.
9. D'islances shown on improvement/asbiiill s veys o e lo the n esl inch. squore foofage lo the nca,e~l fcal.
Nalson SLrveying rem, a^;
IT
920 PL !dain St Parls, Tenes 754-60
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903-N5,3551 Iea:9i0-1Br33% Ematne6aetrtiti=R~ddndknel
JAl Nc~.a, FcglitaW FrdmdaW lvd 5urveya d Teon. f40o
nn c e . me r e m,
ll~e Wovn are lo be rec .l.d itl,~uilll~e o i±re. 1 Nug
lm