07-Deliberate and act on a resolution accepting a permanent waterline easement from the North Lamar Ind School located upon and across a portion of the NLISD propertyCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originating Department:
Presented By:
Agenda Item No.:
02/04/10
Engineering, Planning
Shawn Napier, P.E. City Engineer
Council Date:
& Development
/Director of Public Works
7.
02/08/ 10
RECOMMENDED MOTION:
Deliberate and act on a resolution accepting a permanent waterline easement from North Lamar
Independent School District located upon and across a portion of the NLISD property.
POLICY ISSUE(S):
Easement acceptance
BACKGROUND:
When NLISD submitted plans for the addition to the high school, we discovered that the waterlines and
fire hydrants installed with the original high school construction (around 1976) had no easements
dedicated to the City at that time. Attached is the proposed easement and legal description. Staff
recommends accepting the waterline easement.
BOARD/ COMMISSION RECOMMENDATION:
EXHIBITS:
Resolution; Easement description; Aerial
ACTION:
BUDGET INFO:
❑ Financial Report ❑ Minute Order
Expense
$
❑ Department Report Z Resolution
Budgeted Amt.
$
❑ Presentation ❑ Ordinance
Y7'D Actual
$
❑ Public Hearing ❑ Other
Acct. Name
Acct. Number
FISCAL NOTES:
REVIEWED AND APPROVED BY:
Z Administration 2 City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court ❑ Legal ❑ Libraty ❑ Police Z Eng./Public Works ❑ Utilities
City of Paris Revised 2/04/08
L
DRAFT
attorney\reswork\current\NLISD Wterline Easement Res 2010
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
ACCEPTIIVG A PERMANENT WATERLINE EASEMENT FROM NORTH
LAMAR INDEPENDENT SCHOOL DISTRICT LOCATED UPON AND ACROSS
A 31.806 ACRE TRACT OF LAND BELONGING TO NLISD; MAKING OTHER
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
PROVIDING A111 EFFECTIVE DATE.
WHEREAS, IVorth Lamar Independent School District has a waterline which
requires a waterline easement upon and across a portion of a 31.806 acre tract of land
belonging to NLISD; and,
WHEREAS, it is necessary that the City of Paris have a waterline easement for
maintenance purposes; and,
WHEREAS, it is deemed appropriate that the Waterline Easement from North
Lamar Independent School District attached hereto as Exhibit A, be accepted and dedicated
to the City of Paris.
1VOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS:
Section 1. That the findings set out in the preamble to this resolution are hereby
in all things approved.
Section 2. That the Waterline Easement from North Lamar Independent School
District attached hereto and incorporated herein by reference as Exhibit "A" is necessary
for maintenance purposes, and is hereby in all things accepted for dedication by the City of
Paris.
Section 3. That the Mayor, City Manager, City Engineer, and other officials as shall
be deemed necessary shall be and are hereby authorized to execute any and all documents
associated with the acceptance of the aforesaid easement.
Section 4. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this 8th day of February, 2010.
Jesse James Freelen, Mayor
n o
t.
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
~ 0 f 1?~`2
WATERLIIVE EASEMENT
STATE OF TEXAS §
COUNTY OF LAMAR §
KNOW ALL MEN BY THESE PRESENTS:
That North Lamar Independent School District of Lamar Counry, 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 the CITY OF PARIS, Texas,
the receipt and sufficiency of which is hereby acknowledged, do hereby give, grant and convey
unto the said CITY OF PARIS, TEXAS a home rule municipal corporation (hereinafter referred
to as GRANTEE) a waterline utility 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 Redin Russell Survey, Abstract No. 786,
and being a part of the same tract of land described as 31.806 acres conveyed by
B. Hull Barbee, Jr. et al to Dan Bono et al, Trustees of North Lamar Independent
School District by deed dated July 7, 1994, recorded in Volume 459, Page 271,
Deed Records, Lamar Counry, Texas and being an irregular shaped strip of land
for the purpose of operation and maintenance of a waterline and related
facilities, being more particularly described by metes and bounds in Exhibit "A"
attached hereto and made a part hereof by reference ("Premises").
TO HAVE AND TO HOLD the above property unto the GRANTEE 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 utilities
(including, but not limited to water, sewer, drainage) and placed or to be placed therein
(hereinafter "Facilities"); provided that Grantee will, after doing any work in connection with
the construction, reconstruction, relocation, inspection, or maintenance of said utility
facilities, restore the surface as close to the condition in which said surface 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
EXHIBIT A-
in p:0~( :~°J
of said rights and privileges herein granted, the GRANTEE will not create a nuisance or do any
act that will be detrimental to said Premises; and provided further, that the GRAIVTOR shall
not erect or place any building, fence, tree or other permanent structure on the
above-described perpetual 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 Facilities placed therein.
GRANTOR does hereby bind itself, it's heirs, executors and administrators, to warrant
and forever defend, all and singular, said premises unto the GRANTEE against every person
whomsoever lawfully claiming or to claim the same or any part thereof.
~
WITNESS our hands this 15 rday of January, 2010.
STATE OF TEXAS §
COUNTY OF LAMAR §
l~~i~~~
ames Dawson, Superintendent
Independent School District
~No~ar _
BEFORE ME, the undersigned authority, on this day personally appeared James
Dawson, Superintendent of North Lamar Independent School District, known to me to be the
persons whose names are subscribed to the foregoing instrument, and acknowledged to me
that they executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this~-~ day of January, 2010.
d
Notary ublic, State of Texas
dAAtr44'kYrtrft'4t?ARC1}QRAiYACi}404d4b4t}fiR"sQAyY U
g ; ~PRV?i;a,,; TAMMY JANE CR+-~r~
: i.titn4
RETURNTO: t ° NpkBfy PtihI+C »
City Attorney 4 STATE 0•° o-
City ofParis ~
P.O.Box9037 ~ E~IrgS 05io
Paris, TX 75461-9037 ~ , ~
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WATERLINE EASEMENT DESCRIPTION
Situated in the City of Paris, Lamar County,~ e ~aQC boi la desc~ibed a 31 806 acres
Survey, Abstract No. 786, and being a part of the saf
conveyed by B. Hull Barbee, Jr. et al to DaYBO~~ded ir~ l Volume 459f North
Recordst
School District by deed dated July 7, 1994,
Lamar County, Texas, and being an irregular shaped strip of land for the purpose of operation and
maintenance ofa waterline and related facilities, and being more particularly described asfollows:
C4MMENCING at the most Westerly Southwest corner of the said 31.806 acre tract in the
East right-of-way line of U. S. Highway No. 271;
Thence in a Northerly direction with said Ettst right-of-way line along a curve to the right
having a radius of 11373. 63 feet, (chord bears North 2°l l'47" West, 64. 65 feet), an arc distance of
64. 65 feet to a point for the most Westerly Southwest corner of the herein described tract, being the
TRUE POINT-OF-BEGINNING:
Thence continuing in a Northerly direction with said right-of-way line and curve, (chord
bears North Ol °5944" West, 15.02 , feet), an arc distance of 15.02 feet to a point for the most
Westerly Northwest corner of the herein described tract;
Thence South 88°5538" East a distance of 767.97 feet to an angle point;
Thence South 59°5847" East a distance of 457.27 feet to a point for corner;
Thence South 30°01'27" West a distance of 465.79 feet to an angle point;
Thence South 80°24'18" West a distance of 217.42 feet to an angle point;
Thence North 59°56'25 " West a distance of 305.33 feet to a point for corner;
Thence South 29°SS'28" West a distance of 241.39 feet to a point for the most Southerly
Southeast corner of the herein described tract in the North line of Stone Avenue and South line of
the said 31.806 acre tract;
Thence in a Westerly direction with said N~ ~h 1~47 S~ stA15.99 feet), an arc left
of
having a radius of 725.71 feet, (chord bears Nort
15.99 feet to a point for the most Southerly 5outhwest corner of the herein described tract;
Thence 1Vorth 29°5528" East a distance of 261.95 feet to a point for corner;
Thence South 5905625" East a distance of 5.50 feet to a point for corner;
Thence North 29°5528" East a distance of 39. SO,feet to a point for corner;
Thence South 5915625" East a distance of 15. 00 feet to a point far corner;
Thence South 29155'28" West a distance of 39.50 feet to a point for corner;
Thence South 5915625" East a distance af 219.92 feet to a point for corner;
Thence North 30103'35" East a distance of 87.00 feet to a point for corner;
T7tence South 5905625" East a distance of 15. 00 feet to a point for corner;
Thence South 30°03'35" West a distance of 87.00 feet to a point for corner;
Thence South 59°56'25 " East a distance of 59.54 feet to an angle point;
Page 1 of 2
EXHIBfT -L
3404 INTERURBAN ROAD • DENISON, TEXAS 75021 • 903-465-2151 • FAX 903-465-2152
I, Y .
Thence North 80°24'18" East a distance of 123.86 feet to a point for corner;
Thence North 09°3542" West a distance of 10.50 feet to a point for corner;
Thence North 80°24'18" East a distance of I5. 00 feet to a point for corner;
Thence South 09°3542 East a distance of 10.50 feet to a point for corner;
Thence North 80°24'18" East a distance of 66.09 feet to an angle point;
Thence North 30°01'27" East a distance of 443. 74 feet to a point for corner;
Thence North 59°5847" West a distance of 132.39 feet to a point for corner;
Thence South 30°01 '13" West, a distance of 10. DO feet to a point for corner;
Thence North 59°5847" West a distance of 15.50 feet to a point for corner;
Thence South 30°01 `13" West a distance of 7.50 feet to a point for corner;
Thence North 59°5847" West a distance of I5. 00 feet to a point for corner;
Thence North 30°0I'13"East a distance of 10.50 feet to a pofnt for corner;
Thence North 59058147" West a distance of 10.50 feet to a point for corner;
Thence North 30°01'13" East a distance of 7.00 feet to a point for corner;
Thence North 59°5847" West a distance o, f 126.29 feet to a point for corner;
Thence South 30101'13" West a distance of 168.50 feet to a point for corner;
Thence North 59°5847" West a distance of 15. 00 feet to a point for corner;
Thence North 30°01'13"East a distance of 1 b8.50 feet to a point for corner;
Thence North 59°5847" West a distance of 123.72 feet to an angle point;
Thence North 88°55'38" West a distance of 763.29 feet to the Point-of-Beginning and
containing 0.957 acres of land more or less
-NOTE -
It is the intent of this descripiion to create an easement I S feet wide lying 7.5 feet on each
side of the actual existing waterline and embracing other related waterline facilities.
James R. Maret
~ OF
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Registered Prof~sional
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Land Surveyor o. 5433
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Page 2 of 2
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WATERLINE EASEMENT
STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR §
That North Lamar Independent School District 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 the CITY OF PARIS, Texas,
the receipt and sufficiency of which is hereby acknowledged, do hereby give, grant and convey
unto the said CITY OF PARIS, TEXAS a home rule municipal corporation (hereinafter referred
to as GRANTEE) a waterline utility 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 Redin Russell Survey, Abstract No. 786,
and being a part of the same tract of land described as 31.806 acres conveyed by
B. Hull Barbee, Jr. et al to Dan Bono et al, Trustees of North Lamar Independent
School District by deed dated July 7, 1994, recorded in Volume 459, Page 271,
Deed Records, Lamar Counry, Texas and being an irregular shaped strip of land
for the purpose of operation and maintenance of a waterline and related
facilities, being more particularly described by metes and bounds in Exhibit "A"
attached hereto and made a part hereof by reference ("Premises").
TO HAVE AND TO HOLD the above property unto the GRANTEE 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 utilities
(including, but not limited to water, sewer, drainage) and placed or to be placed therein
(hereinafter "Facilities"); provided that Grantee will, after doing any work in connection with
the construction, reconstruction, relocation, inspection, or maintenance of said utility
facilities, restore the surface as close to the condition in which said surface 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
EkHiBfTA-
~ r~~~~r~,
of said rights and privileges herein granted, the GRAIVTEE 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 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 Facilities placed therein.
GRANTOR does hereby bind itself, it's heirs, executors and administrators, to warrant
and forever defend, all and singular, said premises unto the GRANTEE against every person
whomsoever lawfully claiming or to claim the same or any part thereof.
WITNESS our hands this 15 tay of January, 2010.
STATE OF TEXAS §
COUNTY OF LAMAR §
4"uames Dawson, Superintendent
Nor ~r Independent School District
T~
P-f La MegY-
BEFORE ME, the undersigned authority, on this day personally appeared James
Dawson, Superintendent of North Lamar Independent School District, known to me to be the
persons whose names are subscribed to the foregoing instrument, and acknowledged to me
that they executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this~~ day of January, 2010.
4 '4~ ~
~ Jblic, State of Texas
a~oo4cot,toirt~annannno:tacaaona~oo-a,tooc~a~.
g TAMMY JANF_ CRU-1CNrn^
RETURNTO:
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City Attorney g;t}
City of Paris STATE Qi: rE;(:;,j ;
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ISS!Ui1 a
P.0.Box9037 My Comrr; °
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WATERLINE EASEMENT DESCRIPTIDN
Situated in the City of Paris, Lamar County, ?'exas, being a part of the Reding Russell
Survey, Abstract No. 786, and being a part of the same tract of land descYibed as 31.806 acres depend conveyed by B. Hull Barbee, Jr. et al to Dan Bono ~ nl'VoTrustees lume 4S9f North271LamarDeeInd Recordst
School District by deed dated July 7, 1994, recorde
Lamar County, Texas, and being an irreo lar shaped strtp ~oaedf° ~icularly descroibed asfollow ~
maintenance of a waterline and related facilittes, and be g P
COMMENCING at the most Westerly Southwest corner of the said 31.806 acre tract in the
East right-of-way line of U. S. Highway No. 271;
Thence in a Northerly direction with said East rrght-of-way line along a curve to the right stance having a radius of 11373.63 feet, (chord bears North 2°I1 '47"in described trac~lbeing the
64. 65 feet to a point for the most Westerty Southwest corner ofthe here
TRUE PQINT-OF-BEGINNING:
Thence continuing in a Northerly direction with said right-of-way line and curve, (chord
bears North 01 15944" West, 15.02 feet), an arc distance of 15.02 feet to a point for the most
Westerly Northwest corner of the herein described tract;
Thence South 88°5538" East a distance of 767.97 feet to an angle point;
ThenCe South 59°5847" East a distance of 457.27 feet to a point, for corner;
Thence South 30°01'27" West a distance of 465.79 feet to an angle point;
Thence South 80°24'18" West a distance of 217.42 feet to an angle point;
Thence North 59°5625" West a distance of 305.33 feet to a point for corner;
Thence South 29°5528" West a distance of 241.39 Avenueh and South l ne of
Southeast corner o,f the herein described tract an the North line . of Ston
the said 31.806 acre tract;
Thence in a Westerly direction with said North li ~47 711 S~ St`~r5.99 feet), an are distancel of
having a radius of 725.71 feet, (chord bears North 80 1
15.99 feet to a point for the most S'outherly Southwest corner of the herein described tract;
Thence North 29 55 28 East a distance of 261.95 feet to a point for corner;
Thence South 59°5625" East a distance of 5.50 feet to a point for corner;
Thence North 29°5528" East a distance of 39.50 feet to a point for corner;
Thence South 59056'25"East a distance of 15, DO feet to a point for corner;
Thence South 29°SS'28" West a distance of 39.50 feet to a point for corner;
Thence South 5915625" East a distance of 219.92 feet to a point for corner;
Thence North 30°03'35" East a distance of 87.00 feet to a point for corner;
Tlience South 59°5625" East a distance of I5.00 feet to a point for corner;
Thence South 30°03'35" West a distance of 87. 00 feet to a point for corner;
Thence South 59°56'25 " East a distance of 59.54 feet to an angle point;
Page 1 of 2
EXHfBIT A
3404 INTERURBAN ROAD • DENISON, TEXAS 75021 • 903-465-2151 • FAX 903-465-2152
r,() r1r~,~ 11
t; u c, - ..1 ..i.
Thetice Nortdz 80°24'18"East a distance of 123.86 feet to a point for corner;
Thence North 09°35'42" West a distance of 1 D.50 feet to a point for corner;
Thence North 80°24'18" East a distance of 1 5. 00 feet to a point for corner;
Thence South 09°35'42 East a distance of 10.50 feet to a point for corner;
Thence North 80°24'18" East a distance of 6609 feet to an angle point;
Thence North 30°01'27" East a distance of 443. 74feet to a point for corner;
Thence North 59°5847" West a distance of 132. 39 feet to a point for corner;
Thence South 30°0I'13" West, a distance of 10.00 feet to a point for corner;
Thence North 59°5847" West a distance of 15.50 feet to a point for corner;
Thence South 30°01'I3" West a distance of 7.50 feet to a point for corner;
Thence North 59°5847" West a distance of 15. DD feet to a point for corner;
Thence IVorth 30°01'13" East a distance of 10.50 feet to a point for corner;
Thence North 59°58'47" West a distance of I0.50 feet to a point for corner;
Thence North 30101'13" East a distance of 7. DO feet to a point for corner;
Thence North 59°5847" West a distance of 126.29 feet to a point for corner;
Thence South 30°01'13" YVest a distance of 168.50 feet to a point for corner;
Thence North 59058147" West a distance of 15. DO feet to a point for corner;
Thence North 30101113" East a distance of 168.50 feet to a point for coYner; eet
ang Titence North 59°S847" W~eS~ a I~'stance of 763.29 feet to the lPoint-of-Beginning and
Thence North 88 55 38 " containing 0.957 acres of land more or less
- NOTE -
It is the intent of this descripfion to create an easement I S feet wide lying 7.5 feet on each
side of the actual existing waterline and embracing other related waterline facilities. /O/5-~
_ ,
James R. Maret
° F
, .J'A«AP~E~ _P~d~~iE 1' .
~'3~...
W',..
-y~.. .4
V rC'~ 1r ~"'~4~1
Registered Professional
Land Surveyor lvo. 5433
Page 2 of 2
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