2010-020 RES ACCEPTING PERMANENT WATERLINE EASEMENT FROM NLISDRESOLUTION NO. 2 1- 20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
ACCEPTING A PERMANENT WATERLIIVE EASEMEIVT 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 AN EFFECTIVE DATE.
WHEREAS, North 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.
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 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.
Freelen, Mayor
ATTEST:
, ~
e Ellis, City Clerk
'iPROV
AS TO FORM:
ED
W. Kent McIlyar, ' ttorney
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 Ciry 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 County, 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
EXHIB(T A-
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 day of January, 2010.
STATE OF TEXAS §
COUNTY OF LAMAR §
D
ames Dawson, Superintendent
Nor `qaar Independent School District
L
BEFORE ME, the undersigned authoriry, 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.
RETURN TO:
City Attorney
City of Paris
P. 0. Box 9037
Paris, TX 75461-9037
Notary ~`~blic, State of Texas
C~trAOASI'42trtr tCRCtdC4sT4s}YiCAAAbO0O404C444fi o
o
TAMMY JANE CRIJ?Cn~RG
Notaru Pubf~c »
STATE (j:= rk'(.~iS ¢
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WATERlINE EASEMENT DESCRIPTIDN
Situated in the City of Paris, Lamar County, Texas, being a part of the Reding Russell
Survey, Abstract No. 786, and being a part of the same tract of land described as 31.806 acres epen conveyed by B. Hull Barbee, .Jr. et al to Dan Bo~ol Volume 4~f North271LamarDeeIndd Reco~dst
Schaol District by deed dated July 7, 1994, reco ded in
Lamar County, Texas, and being an irregular shaped strip of land for the purpose of operation and
maintenance of a waterline and redatedfacilities, and being more particularly described as foldows:
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 right-of-way line along a curve to the right
having a radius of 11373.63 feet, (chord bears North 2°ll'47" West, 64.65 feet), an arc distance o.f
64. 65 feet to a point for the most Westerly Southwest corner of the herein described tract, being the
TRUE P4INT-OF-BEGINNING:
Thence continuing in a Northerly direction with said right-of-way line and curve, (chord
bears North 01 059144" 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 59158'47" 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'I S" West a distance of 217.42 feet to an angle point;
Thence North 5905625 " ~ ~est a distance 241. 039 feeet~o APoint for theemost Southerly
Thence South 29 SS 28
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 North 118~~~ S~~ tAl~ 99 feeo, an a~d sotathe nce of
having a radius o, f 725.71 feet, (chord bears North 80
I5. 99 feet to a point for the most Southerly Southwest corner of the herein described h'act;
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 5915625" East a distance of 15. 00 feet to a point for corner;
Thence South 29°5528" West a distance of 39.50 feet to a point for corner;
Thence South 59°5625" 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;
Thence South 5915625" 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°5625" East a distance of 59.54 feet to an angle point;
Page 1 of 2
EXHIBIT .L
3404 INTERURBAN ROAD • DENISON, TEXAS 75021 • 903-465•2151 1 FAX 903-465-2152
Thence North 80024'18"East a distance of 123.86 feet to a point for corner;
Thence North 09°3542" ast Q distance of 15. 00 feet to a point for corner;~
Thence North 80°24'18" E
Thence South 09 3542 East a distance of 10.50 feet to a point for corner;
Thence North 80 2418, East a distance of 66. 09 feet to an angle point;
Thence North 30°DI'27" East a distance of 443. 74 feet to a point for corner;
Thence North 59°5847" T'Vest a distance of 132. 39 feet to a point for corner;
Thence South 30°01 '13 " W est a distance of 15.50 feet to a point for corner,~
Thence North 59°5847" YV
Thence South 30°01'13" West a distance of 7.50 feet to a point for corner;
Thence North 59058%47"~ disttance of 10. ~0 feet to a po'nt foor co ner,~
Thence North 30 Ol 13 East a
Thence North 59°58147" Westa distance o pointfor oco ner,r;
ThenceNorth 30°01'13"East f 7. 00 feet to a
Thence North 59°58'47" West a distance o.f 168.50 feet to a point for corner;
Thence South 30°Ol'13 " West
Thence North 5915847" Wes~ a distance o.~ f 168.50 feet to point for corner;
Thence North 30°01 '13 " Eas
Thence North 59°58'47'~W~eSad t~ja~ nce of 763.29e feet to point;
and
Thence North 88 55 38
containing 0.957 acres of land more or ess
- NOTE -
It is the intent of this description to create an easement I S feet wide lying 7.5 feet on each
side of the actual existing waterline and errtibracing other related waterline facilities.
James R. Maret
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Registered Professional
Land Surveyor No. 5433
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