12-Move to approve a resolution concurring with a proposed TxDOT easement swap on property east of the Holiday Inn ExpressCITY 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
12.
02/08/ 10
RECOMMENDED MOTION:
Move to approve a resolution concurring with a proposed Texas Department of Transportation easement
swap on property east of the Holiday Inn Express on NE Loop 286, abandoning a drainage easement
located on and across property belonging to David Robinson, and replacing and dedicating an equal
easement for the same culvert.
POLICY ISSUE(S):
TxDOT easement
BACKGROUND:
Mr. Robinson is planning to develop the property between the Holiday Inn Express and La Quinta. His
plan requires the current drainage easement to be abandoned and a new easement dedicated. TxDOT
has requested that we sign off on the easement swap. Staff recommends approval of the easement swap.
BOARD/ COMMISSION RECOMMENDATION:
EXHIBITS:
Resolution; Easement description and drawing; Aerial photo
ACTION:
BUDGET INFO:
❑ Financial Report ❑ Minute Order
Expense
$
❑ Department Report Z Resolution
Budgeted Amt.
$
❑ Presentation ❑ Ordinance
y'I'D Actual ,
$
❑ Public Hearing ❑ Other
Acct. Name
Acct. Number
FISCAL NOTES:
REVIEWED AND APPROVED BY:
Z Administration Z City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court ❑ Legal ❑ Library ❑ Police Z Eng./Public Works ❑ Utilities
City of Paris
Revised 2/04/08
DRAFT
attorney\reswrok\current\TxDOT Easement Swap Concurrence Res 2010
RESOLUTION NO.
A RESOLUTION OF THE CITY COUIVCIL OF THE CITY OF PARIS, TEXAS,
SUPPORTING A PROPOSED TEXAS DEPARTMENT OF TRANSPORTATION EASEMENT
SWAP ON PROPERTY NORTH OF LOOP 286, BETWEEN THE HOLIDAY INN EXPRESS
AND LAQUINTA, ABANDOIVING A CERTAIN DRAINAGE EASEMENT LOCATED ON AND
ACROSS PROPERTY BELONGING TO DAVID ROBINSON; REPLACING AND DEDICATING
AN EQUAL EASEMENT FOR THE SAME CULVERT DIRECTED AT A SLIGHTLY
DIFFERENT AIVGLE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the Texas Department of Transportation has requested that the City of
Paris provide concurrence in the abandonment of a certain drainage easement located on
and across property belonging to David Robinson North of Loop 286 between the Holiday
Inn Express and LaQuinta; and,
WHEREAS, it has been determined that a new drainage easement as depicted in
Exhibit "B" attached hereto directed at a slightly different angle across the Robinson
property would allow better development of this tract; and,
WHEREAS, it has been determined that the existing drainage easement as depicted
in Exhibit "A" attached hereto would no longer be needed by TxDOT for drainage purposes
with the replacement of this easement with an equal easement for the same culvert, and
the same should be abandoned.
1VOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS:
Section 1. That the findings set out in the preamble of this resolution are hereby in
all things approved.
Section 2. That the proposed drainage easement swap on and across the
Robinson property as depicted in Exhibits "A" and "B" attached hereto and incorporated
herein by reference is hereby approved.
Section 3. That this resolution shall be effective from and after the date of
passage.
PASSED AND ADOPTED this 8th day of February, 2010.
Jesse James Freelen, Mayor
~0 0 0 9i~
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
M ~~0 0 C, 91
FIELD NOTES
Surplus Channel Easement
0.805 Acres (Save and Except 0.040 Acres)
Lamar County, Texas
January 2010
Being 0.805 acres of land, situated within the corparate limits of the City of Paris, County of Lamar, State of
Texas, being a part of the Joseph Leach Survey A-524, and being all of a called 0.447 acre Channel Easement
conveyed from Bruce Ray to the State of Texas on October 30, 1959 and recorded in volume 361, page 535 of the
Deed Records of said county, and all of a called 0.358 acre Channel Easement conveyed from Bruce Ray to the State
of Texas on February 2, 1971 and recorded as Part One in volume 524, page 838 of the Deed Records of said county,
and also being a part of a called 19.19 acre tract of land conveyed from Virginia Burnett to David R. Robinson on
October 15, 2008 and recorded in County Clerk's Document Number 063847-2008. The said 0.805 acre tract fully
described by metes and bounds as follows:
Commencing at a concrete right-of-way monument found at 63 feet Left of Station 208+00 of Loop 286, said
monument also being the Southwest corner of the aforementioned called 19.19 acre Robinson tract;
Thence N 87°54'19" E along the North right-of-way of Loop 286, a distance of 106.60 feet to a capped iron rod
set at 100 feet Left of Station 209+00 of Loop 286;
Thence S 73°02'33" E along the North right-of-way of Loop 286, a distance of 48.09 feet to a point for the POINT
OF BEGINNING of said 0.805 acres;
Thence N 46°ST27" E, a distance of 430.03 feet to a point for corner;
Thence N 03°57'27" E, a distance of 148.18 feet to a point for corner;
Thence S 86°02'33" E, a distance of 60.00 feet to a point for corner;
Thence S 03°57'27" W, a distance of 171.82 feet to a point for corner;
Thence S 46°57'27" W, a distance of 419.03 feet to a point for corner in the South boundary line of the
aforementioned called 19.19 acre Robinson tract, said point also being in the North right-of-way line of Loop 286 at •
a bearing and distance of N 73°02'33" W, 73.72 feet from a concrete right-of-way monument found at 100 feet Left
of Station 210+91.1 of Loop 286;
Thence N 73°02'33" W, along the North right-of-way line of Loop 286, and the South boundary line of the
aforementioned called 19.19 acre Robinson tract a distance of 69.29 feet to the point of beginning and containing
0.805 acres of land.
Save and Except the following described 0.040 acre tract of land:
Beginning at the Southwest corner of the above described 0.805 acre tract;
Thence N 46°57'27" E along the West boundary of the above described 0.805 acre tract, a distance of 83.54 feet to
a point;
Thence S 11°54'19" W, a distance of 72.63 feet to a point in the South boundary of the above described 0.805 acre
tract;
EXHIBIT AL
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Thence N 73°02'33" W along the South boundary line of the above described 0.805 acre tract, a distance of 48.17
feet to the point of beginning and containing 0.040 acres.
The monuments described and set may be replaced with a TXDOT Type II right-of-way marker under the
supervision of a Registered Professional Land Surveyor either employed or retained by TXDOT.
All distances shown are surface distances.
An 8`/z inch by ] 1 inch, one-page plat accompanies this document.
1, KEVIN K. WHITLEY, REGISTERED PROFESSIONAL LAND SURVEYOR, #5892, STATE OF TEXAS,
HEREBY CERTIFY THE ABOVE IS TAKEN FROM MEASLJREMENTS MADE UPON THE GROUND.
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OR OFFICIAL PUBLIC RECORDS
DR DEED RECORDS
POB POINT OF BEGINNING
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SURPLUS CHANNEL EASEMENT
0.805 ACRES
(SAVE & EXCEPT 0.040 ACRES)
LAMAR COUNTY, TEXAS
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VIN K. WHIT~,EY_ i, KEVIN K. WHITLEY, REGISTERED PROFESSIONAL LAND
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14, SURVEYOR FOR THE STATE OF TEXAS, RPLS #589 . D
5892 R-~ HEREBY CERTIFY THAT THE PLAT SHOWN HEREIN
FOQ REPRESENTS AN ACTUAL ON-THE-GROUND SURVEY
Q'~~RV~ COND CTED BY ME, COMPLETED ON JANUARY 4, 2010.
I 1D
EVIN K. ' Y, RPLS
le HAYTER
ENGINEERINC
INCORPORATED
CONSULTANTS PLANNERS ENGINE6R5
4445 S.E. LOOP E116 PARIS, 7EXAS
PHONE:903-785-0303, FAX:903-785-030X
ww.HayterEnRinecringlnecam
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PARI$ TE7(AS LODGING LLC
CC/ 073247-2009
CALLED 2.618 ACRES
NOTES
1. THE MONUMENTS DESCRIBm AND SET MAY
BE REPLACED WITH A TXDOT lYPE II RIGHT OF
WAY MARKER UNDER THE SUPERVISION OF A
REGISTERED PROFESSIONAL LAND SURVEYOR
EITHER EMPLOYED OR RETINAED BY lXDOT.
2. SPC• - STATE PLANE COORDINATES, TEXA
NORTH CENTRAL ZONE. COORDINATES ARE
GIVEN IN GRID VALUES. COMBINED SCALE
FACTOR FOR THIS POINT IS 0.99991040.
3. ALL DISTANCES SHOWN ARE SURFACE
DISTANCES.
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FIELD NOTES
Proposed Channel Easement
0.805 Acres
Lamar County, Texas
January 2010
Being 0.805 acres of land, 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 a part of a called 19.19 acre tract of land conveyed from
Virginia Burnett to David R. Robinson on October 15, 2008 and recorded in County Clerk's Document Number 063847-
2008. The said 0.805 acre tract fully described by metes and bounds as follows:
Commencing at a concrete right-of-way monument found at 63 feet Left of Station 208+00 of Loop 286, said
monument also being the Southwest corner of the aforementioned called 19.19 acre Robinson tract;
Thence N 87°54'19" E along the North right-of-way of Loop 286, a distance of 106.60 feet to a capped iron rod set at
100 feet Left of Station 209+00 of Loop 286;
Thence S 73°02'33" E along the North right-of-way of Loop 286, a distance of 36.03 feet to a 5/8 inch iron rod set with
a 3'/z inch aluminum cap stamped Texas Dept of Transportation for the POINT OF BEGINNING of said 0.805 acres;
Thence N 1 1°54' 19" E, a distance of 454.48 feet to a 5/8 inch iron rod set with a 3'/z inch aluminum cap stamped Texas
Dept of Transportation;
Thence N 67°18'25" E, a distance of 158.90 feet to a 5/a inch iron rod set with a 3'/z inch aluminum cap stamped Texas
Dept of Transportation;
Thence S 22°41'35" E, a distance of 60.00 feet to a 5/8 inch iron rod set with a 3`/z inch aluminum cap stamped Texas
Dept of Transportation;
Thence S 67°18'25" W, a distance of 127.40 feet to a 5/8 inch iron rod set with a 3'/z inch aluminum cap stamped Texas
Dept of Transportation;
Thence S 11 °54' 19" W, a distance of 428.28 feet to a 5/8 inch iron rod set with a 3'/z inch aluminum cap stamped Texas
Dept of Transportation in the South boundary line of the aforementioned called 19.19 acre Robinson tract, said point also
being in the North right-of-way line of Loop 286 at a bearing and distance of N 73°02'33" W, 94.84 feet from a concrete
right-of-way monument found at 100 feet Left of Station 210+91.1 of Loop 286;
Thence N 73°02'33" W, along the North right-of-way line of Loop 286, and the South boundary line of the
aforementioned called 19.19 acre Robinson tract a distance of 60.23 feet to the point of beginning and containing 0.805
acres of land.
The West boundary line of a called 2.618 acre tract of land conveyed from Paris Travelers L.P. to Paris Texas Lodging,
LLC on October 6, 2009 and recorded in County Clerks Document Number 073247-2009 is used as the reference bearing
for the above described 0.805 acres.
The tnonuments described and set may be replaced with a TXDOT Type II right-of-way marker under the supervision of a
Registered Professional Land Surveyor either employed or retained by TXDOT.
All distances shown are surface distances.
An 8`/z inch by 11 inch, one-page plat accompanies this document.
I, KEVIN K. WHITLEY, REGISTERED PROFESSIONAL LAND SURVEYOR, #5892, STATE OF TEXAS, HEREBY
CERTIFY THE ABOVE IS TAKEN FROM MEASiJREMENTS MADE UPON THE GROiJND.
.,KEVIN K. WHIT! EY
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EXHIBIT
LEGEND
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CAPPED IRON ROD SET
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SET IRON ROD WITH 3J~" ALUMINUM CAP
STAMEPED TEXAS DEPT OF TRANSPORTATION
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CONCRETE RIGHT-OF-WAY MONUMENT FOUND
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CAPPED IRON ROD FOUND
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COUNTY CLERKS DOCUMENT NUMBE N 6l '1
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OR
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NOTES
D AVID RO B IN S ON i. THE MONUMENTS DESCRIBED AND SET MAY
BE REPLACED WI7H A TXDOT TYPE II RIGHT OF
0.805 ACRES ~MAY MARKER UNDER iHE SUPERVISION OF A
REGISTERED PROFESSIONAL LAND SURVEYOR
EITHER EMPLOYED OR RETINAED BY TXDOT.
LAMAR COUNTY, TEXAS 2. SPC' - STATE PLANE COORDINATES, lEXA
NOR1H CENTRAL ZONE. COORDINATES ARE
JANUARY 2010 GIVEN IN GRID VALUES. COMBINED SCALE
FACTOR FOR THIS POINT IS 0.99991040.
I, KEVIN K. WHITLEY, 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
CZyl"'Tk4 D BY M, COMPLETED ON JANUARY4, 2010.
OI ~
KEVIN K. WHITLE RPLS
3. ALL DISTANCES SHOWN ARE SURFACE
DISTANCES.
le HAYTER
ENGINEERING
INCORPORATED
CONSULTANTS PLANNERS ENGINEERS
4445 S.E. LOOP 286 PARIS, TEXAS
PHONE:903-785-0303, FAX:903-785-0308
www.H aylerEoginec ri nRI nacom
TBPE FIRM NO. F 00031;
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