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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 ^ C,€y0E~•..)L. 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. ~ ~ pl/py/jfjlv ~s:•~ ~ - KEVIi~,.K:, WHITLEY . ~..'su~v. o ~ 000E`~„ aj LEGEND O CIRS CAPPED IRON ROD SET x POINT FOR EASEMENT CORNER ■ MON CONCRETE RIGHT-OF-WAY MONUMENT FOUND • CIRF CAPPED IRON ROD FOUND • IRF IRON ROD FOUND ~ CC# COUNTY CLERKS DOCUMENT NUMBER ~ OR OFFICIAL PUBLIC RECORDS DR DEED RECORDS POB POINT OF BEGINNING POC POINT OF COMMENCEMENT PROPOSED CHANNEL EASEMENT I ~ INS T ~ SCALE: 1 "=40' I ~ r ~ I ~ ~ 1 ri ~ i ~h Pog ~'►N ~ ai c ~ E N U) O ~ 'J ~ K c 0 ~ c .0 ~ I 41 ~ 1 1 ~ j fn 1 ~ DAVID R. ROBINSON ~ CC# 063847-2006 CALLED 19.19 ACRES 1 2 ~ N P ~3 02 33., i / 1 i SAVE AND EXCEPT 0.040 ACRES, SEE INSET. POC ' MON 0 63' LEFT OF j STA 208+00 i SPC' = N 7304841.336 ~ E 2874935.730 POB 1 ~ 106.60 48• 09 S 87'54'19" W N ~ CIRS 0 100' LEFT OF STA 209+00 ~ 5,,,ooP 28 D/~ ~ 6' CA~"fp D~ q~R~S S 86'02'33° E 60.00' W W o ~ a NOpX~ j~ n a ^ ~mm ~ °ao N Z Fa ~0 O ^ U ~ 0 Q II ~oo„~ ~ PG 4- tK a ~ . P o o a ' ~O ~,Q 1~' % ~~o O• ~ ~ ~ r 1 p, 1 ~ P 4Q' O' JOSEPH LEACH SURVEY ~ A-524 69.29, 1`3° ►y 73. 72, 91. ) p, M ON 7 1 S.j• ~6 3S, ip CIRS N 131 -270 p~,', w SURPLUS CHANNEL EASEMENT 0.805 ACRES (SAVE & EXCEPT 0.040 ACRES) LAMAR COUNTY, TEXAS ~OrF,~-t9~ JANUARY 2010 ~ ~ 0 v ~ X . VIN K. WHIT~,EY_ i, KEVIN K. WHITLEY, REGISTERED PROFESSIONAL LAND . 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 fBPE FIRM NO. F 00031: IRF ~ SCALE: 1 "=100' 00 I~ ~ CIRF o° d- 2 ~ W~ 1~j ~ v M ~ N ~ h 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. ~~n cir, ~ 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 q 5832 f ' .0~ EXHIBIT LEGEND O CIRS CAPPED IRON ROD SET I 0 SET IRON ROD WITH 3J~" ALUMINUM CAP STAMEPED TEXAS DEPT OF TRANSPORTATION 90 I ■ MON CONCRETE RIGHT-OF-WAY MONUMENT FOUND " • CIRF CAPPED IRON ROD FOUND ~ E S 22*41'35 • IRF IRON ROD fOUND a 00' ~60 CC# COUNTY CLERKS DOCUMENT NUMBE N 6l '1 . OR OFFICIAL PUBLIC RECORDS / . DR DEED RECORDS N ~ POB G POINT OF BEGINNI POC POINT OF COMMENCEMENT ~ 0 o CENTERLINE OF EXISTING DITCH q. 61 1 ~ I - - - - - EXISTING CHANNEL EASEMENT S ~`L ' I ~w I POC MON @ 63' LEFT OF STA 208+00 SPC* = N 7304841.336 E 2874935.730 i nF A(1' ..36.n O-S 87'54'19" w N CIRS 0 100' LEFT OF STA 209+00 ui c 0 E a> N ~ w F- O 0 x H- ~ ~ ~ LO d- o~ ~ !r~ Z ~ i ~ i 'I'D I ~ aO ' i w I ~ DAVID R. ROBINSON ~ N~ N~n I 1 CCy 063647-2008 ~ CALLED 19.19 ACRES ~ I i 00 i I Ai c ~ i i U c v A O W `Y' O orn If i ~ Q ~+PGy.y~~ S~~OO• ~i i i JOSEPH LEACH SURVEY A-524 ~ 194.84. 191• ~0' I SCALE: 1 "=100' CIRF o' o ~ o~ _ ~ w ~ m ~ ~ _ ry ~t~' ~ PARIS TEXAS LODGING IJ CC# 073247-2009 CALLED 2.618 ACRES ~ ~ PoB 60.23. 02' 3 z„ ti CppP--- ORS~AIE a,. ~U6 Cqu D 5,~I1 q R~ 5 0 Q) 0 / X ~ CIRS ~37 lV ,0o1•1;'' w IRF 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; t30 0~?~1u Al ~ ~ ~f ~ ~ ~ PROP~SED >►i,y ~ . ~ ~ _ i-A