2010-016 RES APPROVING EXECUTION OF RECIPROCAL EASEMENT AGREEMENT BETWEEN COP AND WILLIAM DEG HAYDEN TO GRANT NONEXCLUSIVE INGRESS AND EGRESSRESOLUTION NO. 2010-016
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
TEXAS, APPROVIIVG THE EXECUTIOIV OF A RECIPROCAL EASEMENT
AGREEMENT BETWEEN THE CITY OF PARIS AND WILLIAM DeG.
HAYDEN TO GRANT NONEXCLUSIVE INGRESS AND EGRESS
EASEMENTS OVER, ALONG A1VD ACROSS A 0.849 ACRE TRACT
BELONGING TO HAYDEN AND A 4.028 ACRE TRACT BELONGING TO
THE CITY OF PARIS, BOTH TRACTS BEIIVG 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 City 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 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
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 City of Paris the Reciprocal Easement Agreement,
substantially in the form attached hereto as Exhibit "A".
Section 4. That this resolution shall be effective from and after the date of
passage.
PASSED AND APPROVED this 25th day of January, 2010.
L esse Jam Freelen, Mayor
ATTEST:
qhlicetllts, City Clerk
APPROVED AS TO FORM:
,
~
W. Kent Mc ar, k A orney
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").
RF.f iTAi,C•
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:
l. 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
EXHIBIT.L-
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
exceeding fifty percent (50%) of the area of such access point andlor 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 ar 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
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 property
damage occurring upon such Owner's Parcel, with single limit coverage of no
less than $250,000/single and $500,000/aggregate and City may self insure its
parcel, 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
for 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.
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
BY:
ELIZABETH HAYDEN
Kevin Carruth, City Manager
Individually and as duly authorized Duly Authorized
agent and attorney-in-fact for
William deG. Hayden
THE STATE OF TEXAS
ACKNOWLEDGMENT
COUNTY OF LAMAR )
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
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 TO:
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FIELD NOTES
Siluated within the I imils of lha Gily of Paris. County cf Lamor, ond State of Texos; part af thAea Jsman Sunry J'iI9, and being part of a lol conveyxd lo YRlliam d.G Haytlen Gy tlzed
corAed in Vol. 752, Po9e 88, in the Real Properly Records o( saia County and Slale, said lot
being Y.nown as lot 6, City 91ock 129-A (plat nol recortled).
8e91nninq at the Northeasl cr of said Hayden lot and at the Northwesl c r a Ioi
veyeA to John S. Morris by aeedrecorded in Vol. 294, Poge 149, In lhe Deed Records o! said
C unly and Statx, saltl F,ICrtis lot being known os lot 1, Cily Olo<k 129-F.
Thence South 0'08'06" Easl at 0.90 (eet passing a'fi~ <apPed (1JELSON SURVEI1NG) i~
pin (irs) (or r/cren<o and continiiin9 on a total disiance of 283.56 feet ta a 3/8" Iron pip for
~ ot T. noydeo 1o1, oi me easleriy ria,u,east oor~er ai a cauea
oi me so.meosi n
-0~G28r o e tract of land c voyed io the CNy o! Paris by deed recarded in VoI.900, Page 208, In
sai0 Realr Property ReroNS? and in lhe West Boundary Llne of Auslin SL;
Thence South 89'35'47" ':/est a Oistnnce. c/ 129.99 feet to a'.° capped (NELSON
SURVCYING) ir n pin (!rs) for c al the Soufhwest corner ot sald 4layien lot unE al an e
o! said Cily of Paris 4.o28 ea e tract;
~ernPr l
Thence Nmth 0'08'06° West a distance af 284.87 feet ta a hale (s, drllled) in crete for
at the Northwes[ c oF sald Hayden bt and at the NorUierly Norlhwesl corner of sald
Caty or f Paris 4.028 acre l~actr
Thence East along [he South Bountlary Line of W. Koufman St. o distance of 129.98 feal to
the plor,a of he,'mnlng and cantninin~ 0 .II49 Acres oi land,
Save end Excep[ the Inllo.vinq described iracl:
Situaled within ihe Limils of lhe Cily of Paris. County of Lnmar, and Stale of Texas, parl of the
Asa Jorman Survey #479, and being a bt (buildinq) conveyed to lhe Cily of Paris for use as lhe
Paris ond Lamar County Historical Miiseum a recorded i V.I. 881, Page 266, in fhe Real
Property Records of said County and Slate, said Cily of Paris bt being part of a lot co veyed to
Williom deG Hayden by deed recorded in Vol. 752, Page 88, in said Real Property Records.
Eeginniny ot the Soulhwest carrier of the building donaled to the City of Paris for u e s the
Paris and Lamar C unty Hl.storicnl M"seI im for comsaid ccrner being Norih 71'47'05" East a
numrce or 14.43 +`e1 a.,m a~" ~aPOee (NELsoNsuevehNC) ~ron Pin U~s) ror comzr ac ma
S~~~Ihwe3t c cf yoid Hoyden lot and at an cl c of a c~ullcd 4.025 a re Gac[ of land
vcyed to~the City ot Poris by deed recorded in Volm 900, Page 288, in saidReal Praperty
Recerr)s.
Thence Sou[h 895 9'02" Eost a tlistance of 60.03 feat lo the Sauthea5t corner of said building:
Thence Norlh 0'00127" West a distance of 120.78 feet to Ihe Northeast comer of said building;
Thence SouM 85'49'13° West a distnnr,e nf 60.04 feet la the ofiqinal Norfhwast comer of said
buildlnd;
Thence South 0'00"21" East a tlistance o/ 120.58 feet to the place of Geginning containing
0.1G6 of IanA, leoving soid William deG Hoydar lot with a totol of 0.683 ocres of lond.
I, J.M. Ndson, ftegislereA Professionol LanA Surveyor of Taxns, #4025, <er[ify to Wlliam
above depicted d described tract of land was taken from anac[~al
de(; Hayaen , lhat lhe an
vey made on lhe yro~iri~ and cwnpieted by m n lhe ]th doy of Octaber, 2009,thul fhe Plat,
the Field Notes, and lhe Le,yenA/General IJoles, a e to be o e document and a e ta be recordeA
-I, th :here .foxsn~l oppaar lo ba any vislGle Improvements, e =nts u a<hmanis
olhen than ot lhose shown thareon, onE lhal this tract of lond tloes not apPaar I. li¢~in a flcod xone
ns inAi.:n1eA hy Comm-ity P.nel 111. 481427 OG03~[~ oi the Fload g Ral+ Maps.
,
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~g J.M. Nelson, RPSL of Texas, #4025 date
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25 ~ Austin St.
Clty at Paris 4.028 Ac. Vol. 900, Page 288 LCRPR
zo io 0 20 aa
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1. This survey, boLh plol and field nolee, a e only valid if it has an original signature and seal, A copy ol lhis
vey with a priar signature dote lo this one re voiQ F-d w emoileE copiea are lo be useC /ar Inspeclion
purposes only. Si9ned cepies will be mailed to required partles. Any chongas madewil void tnis s rvay.
LEGFM
SYM80L
DESCRIPiION
SYMBOL
DESCRIPTION
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"d Iron pin
nole
capped Iron roa
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water matar
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~ 2. This survey is (or the use of thed pa~rty or partiesuerlified to in the cerlifcalion. Il is not ini~end noed I. be used
rr :ss ee na liabi!ity for ony unauthorixed cepi_s.
by parliee olher ihan thoee certifie to. Sureyo
3.FLOW 20NE
' S
. Rural 100 Year Flood Zonas a sa nad and Insertad using Flood Hazard Bo.ndary IAaps, a fed by lhe
Cornmunity Panel No. on lhe plat ondflele notes.
b. Urban 100 Year F1aoG Zones may be sca~nad antl insertad, but also moy be located by elaw~'~~~s, il
alevotiona ere avnilanle, }rom an act.al surwy made on the yrour.d, using intnrmntion fom the Cammiinily Pc,ol
~i No. ot the Flood Insurance Rata Maps a noled on the plot and (ield noles.
~ I ca Surveyor assumes no Ilablllly for tloods ca s ed by obnormal condlUons, eHher Ay man-mode ar ~natural
uss, InIor out of flood
4. Basis z
I O f bearing (reference bearinq) moybe a med, tlad lo deed calls of tha subjecl Iroct, to a adpining
~ troci, or to a related item. Th e basis ai bearingswbe noted on the piot and fleltl nalee, but moy noi joln the
subjecl lracl.
5. Some ca nnot ba sel or-n7 and under lences, bul we show o rence from a nearby posl or olher
knewn andlocotabloobjec\.
6. FENCES
ulong: boundory Ilne is the fenca unless otherwise notea,
b. wlth: bcunAsry Ilne Is near alongslde of fence unless otlierwi3e notetl.
~ 7. Clech plate and field notes tor aeaiuo~m in(ormation on oubstantiol tlifie:encea belween leqol descrlplione
m on
e deeds a~a awtei -.-ys mme oa tne q,o..d.
8. 6etore an conslruction, all utilily campanles or Iheir agenls, shoulJ be conto<ted for location ot their
respectlvc ulilily Iln<s, wheNer the utllity Ilne Is overhead o underground.
9. DISlances shown on improvemenl/asbuilt surveys are lo the n rest inch, square foatoge lo lhe n rest ioo[.
A 4 Nelson Surveying Cempan~~
B' T!] 920 D1 !lain St Par 7ezss 75460
.~1~ ~ 903-7B5-M 10 :903-7es-3res Ems►n*MuW,;WXAJerarnet
Ju. xeiiix:n ~ro.w ~w- 1w si..<vo. a r.,o. ii,40z5
. ~II pagaa,
me Plat e ilNd Nolea, and 1M1e L nE/Generul Nolee ne
, ara do<umenl. -7-09
Nor~eof~~~e ubave are lo be recw~JrJ xtliout tl~e olhare. ~ 1 Paaa.-oi_