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10-Deliberate and act on a Resolution accepting a drainage easement from the Greater Paris Development Foundation acress a portion of S. Collegiate Drive CITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 09/02/10 Engineering, Planning Shawn Napier, P.E. City Engineer Council Date: & Development /Director of Public Works 10. 09/13/10 RECOMMENDED MOTION: Move to approve a resolution accepting a drainage easement from the Greater Paris Development Foundation across a portion of S. Collegiate Drive. POLICY ISSUE(S): Easement; BACKGROUND: Paris Junior College (PJC) is proposing to add a men's wing on to the new women's dormitory that was just completed. The layout of the new building requires the storm water to be rerouted. The drainage plan proposes to take the water south to the 100-foot wide corridor owned by the Greater Paris Development Foundation (GPDF), which was formerly owned by a railroad company and is now part of the Trail de Paris. The drainage plan requires PJC to get an easement from GPDF, which they already have, and maintain the storm water easement. A portion of S. Collegiate Drive was built across the former railroad property. The portion of the proposed twenty-foot wide easement has dedicated to the City, and file at the courthouse. The City will only need to formally adopt the easement. The project calls for storm sewer pipe to be installed until it reaches the southeast corner of S. Collegiate Drive and the Trail de Paris. A headwall will be constructed and rock rip rap will be installed to prevent erosion. BOARD/ COMMISSION RECOMMENDATION: EXHIBITS: Resolution; Easement description and drawing; Aerial photograph. ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $ ❑ Department Report ® Resolution Budgeted Amt. $ ❑ Presentation ❑ Ordinance YTD Actual $ ❑ Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: ® Administration ® City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court ® Legal ❑ Library ❑ Police ® Eng./Public Works ❑ Utilities City of Paris Revised 2/04/08 78 DRAFT S: icitj,daralAttorrzevlRESIf,URKICURREh'71Gtr Paris Uev Fmind - Drainage Eusement Res 20111.G1oex RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACCEPTING A PERMANENT DRAINAGE EASEMENT FROM THE GREATER PARIS DEVELOPMENT FOUNDATION, INC. LOCATED UPON AND ACROSS A TRACT OF LAND BELONGING TO THE GREATER PARIS DEVELOPMENT FOUNDATION, INC.; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Paris Junior College ("PJC") is proposing an addition to the new dormitory that was just completed, therefore, requiring the storm water to be rerouted south to the property owned by the Greater Paris Development Foundation ("GPDF"); and, WHEREAS, the Great Paris Development Foundation has a drainage line which requires a 0.0818 acre drainage easement upon and across a portion of a tract of land belonging to GPDF; and, WHEREAS, it is necessary that the City of Paris have a storm drainage easement for maintenance purposes; and, WHEREAS, it is deemed appropriate that the Storm Drainage Easement from the Great Paris Development Foundation Board, 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 Storm Drainage Easement from the Greater Paris Development Foundation Board, 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. 1-1 79 PASSED AND APPROVED this 13th day of September, 2010. Will Biard, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney 80 081540-2010 Pages: 5 EA 08/23/2010 03:02:06 PM By: judyg Lamar County, TX Kath Malowe - Count Clerk 1111111111111,1111111111111111111111 III 11111111111 IN STORM DRAINAGE EASEMENT STATE OF TEXAS } COUNTY OF LAMAR KNOW ALL MEN BY THESE PRESENTS: } That the Greater Paris Development Foundation, of Lamar County, Texas, (hereinafter referred to as Grantor) for and in consideration of the sum of TEN DOLLARS 010,00) cash, and other good and valuable consideration, to it in hand paid by the City of Paris, the receipt and sufficiency of which is hereby acknowledged, does hereby sell, give and grant unto the said City of Paris, of Lamar County, Texas, (hereinafter referred to as Grantee) a perpetual storm drainage 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 George W. Cox Survey A-164, and part of a tract of land conveyed from Missouri Pacific Railroad Company to the Greater Paris Development Foundation, Inc. on September 11, 1996 and recorded in Vol. 638, Page ? 14 of the Real Property Records of Lamar County, Texas, and being more particularly described by metes and bounds in Exhibit A attached hereto and madea part hereof (the "Premises"). TO HAVE AND TO HOLD the above property unto the City of Paris 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, inspect, and maintain a storm drain pipe placed or to be placed therein; provided that Grantee will, after doing any work in connection with the construction, reconstruction, inspection, or maintenance of said utility facilities, restore the Premises as close to the condition in which said Premises were found when such worl< was undertaken, insofar as permitted under- the plans, standards, and specifications approved for projects to be located within (lie herein described easement, and that in the use of said rights and privileges herein granted, the Grantee will not create a nuisance or do any act that will be 81 detrimental to said Premises; and provided further, that the Grantor shall not erect or place any building, fence, tree or other permarnent vertical 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 utilities placed therein. Grantor does hereby bind itself and its successors and assigns, to warrant and forever defend, all and singular, said premises unto the City of Paris against every person whomsoever lawfully claiming or to claim the same or any part thereof. tNl"1'NESS my hand this day of S 2010. GREATER PARIS DEVELOPMENT FOUNDATION BOARD C Ed Ellis, President STATE OF TEXAS } COUNTY OF LAMAR } BEFORE ME, the undersigned authority, on this day personally appeared Ed Ellis, President, Greater Paris Development Foundation Board, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this aay of I t ~p , r Notary ublic, State of Texas RETURN T0: Greater Paris Development Foundation c/o Shannon Iiarrentine +~s.~w~,M► I125 Bonham Street TOMA M. HOBBS Paris,'fX 75460 TTAF~Yf~UBUC STATE Of TEXAS W Comm Egm 3/01/4014 82 X: Geo SURVEYS 2010 DWG PJC Drainage Easements.dw EXHIBIT A, PAGE I OF 3 x 11 ~u Mr C m m% I p M -n 0! a v C m gm A oD 50 > M 0 1 y > o Y o 0 D ~zmDZ~D C ~eZ 0 frn jD'"'{DAm 0pz-i An ~~~r*"Z> y 1 Z 1 ~i'n~rz 1 ? fi/ ~r o~o° c~ ~I rOml+ to x 0-m / m I W o t~ Z~Or~ N-vm~mmOm i O Z ~c, m I n w 2 I r `lam ~OmO~Oc: (A ZA 1 >rn 1 9 y U z om-~0 o~z oo I Z N > $ 1 X00 Q z I tnxv -i z om + N 4 m I ~r'n to CJ 1 ~-~ONO Zj0 0 m? 1 O Q r % 25 m + ocUp rho + N n (A I -or zcl~lm ~z cc~ ~M Q m v= ro m An v°i v I Cn m j Oo G) n I - c~ 0 Z, j IQ z -1 ~Cm Z (A mm 0 OD j m v m I igG CY) N ZODr 1 i CA a A I. Z s Cll 1 00 0 o m i _ - - V - - - - - - - - ! % I N f<1 7n cn (A z ;0 o 0 I00 p 1 rn I<°nNi f 0)0 11-- 1 0 ! N j i I O f 0 + a II 1 I L4 1 ~ ~ I o ( m m ~ 1 ran I t Z ti 3 m ~ - I v o z a + COLLEGIATE ~ o D DRIVE m rte-, a 1 1 ~o 00 00 z Q ~ I I ~1 1 C) 00 M r N a ~ ~ con ~6. ~n ~o I 1 ~ oo`° ► ~ ~ ~ t Qa°zs o, I t x~ C) M 1 n°U~G 1 g I I ~Ayp y I t D° n z > 1 ^C,)nw j 1 (p Z NO nl W ~ ~ ~ + ° ~ 1 O~D'' A t ! N 0) I N 1 00 # 0 0D 1 i J O W O rn I a c J 1~ ~ I a{( m b 1 rn O~oLbiZtR'~ C~z i i MN ~za N C:ic* OD 0 70,0 CD rn c: o I In I W; O fi n dr t o ! com o Ens-4 m i p 0 a o°~ ~q~~ or y °~o; ° w i i z0 >~b z co 1 r r o• p0 S 87'37'47" E a 726.51' m ~ 83 EXHIBIT A, PAGE 2 OF 3 0.0818 Acre Drainage Easement Lamar County, Texas George W. Cox Survey A-164 August 2010 Being 0.0818 acre of land situated within the corporate limits of the City of Paris, Lamar County, Texas, said 0.0818 acre being part of the George W. Cox Survey, Abstract Number 164 as well as being part of a tract of land conveyed from Missouri Pacific Railroad Company to The Greater Paris Development Foundation, Inc on September 11, 1996 and recorded in volume 638, page 114 of the Real Property Records of said county. The said 0.0818 acre being more fully described by metes and bounds as follows: Beginning at a point for corner at the most eastern Northeast corner of said 0.0818 acre, from said point a '/2 inch iron rod found at the Southwest comer of a called 23.250 acre tract of land conveyed from Leggett & Platt Incorporated to The City of Paris on June 26, 2003 and recorded in volume 1340, page 125 of the Real Property Records of said county bears N 20°34'42" W a distance of 68.86 feet, said rod also being the Southeast corner of a called 4.1 acre tract of land conveyed from Paris Junior College Memorial Foundation to The City of Paris on September 13, 1973 and recorded as a right of way deed in volume 551, page 157 of the Deed Records of said county, and also from said point a '/z inch iron rod found at the most southern Southeast corner of said called 23.250 acre tract bears S 87°37'47" E, a distance of 726.51 feet; Thence S 06°39'00" E, a distance of 20.00 feet to a point, from said point a %z inch capped iron rod found in the South line of the aforementioned Greater Paris Development tract at the Northeast corner of a called 7.82 acre tract of land conveyed from Paris Junior College Memorial Foundation to The City of Paris on September 13, 1973 and recorded as a right of way deed in volume 551, page 159 of the Deed Records of said county bears S 60°04'23" W, a distance of 32.61 feet; Thence S 83°2100" W, a distance of 67.07 feet to a point; Thence N 73'14'53" W, a distance of 101.65 feet to a point; Thence N 82°16'38" W, a distance of 10.94 feet to a point, from said point a %2 inch capped iron rod found in the South line of the aforementioned Greater Paris Development Foundation tract at the Northwest corner of the aforementioned called 7.82 acre tract bears S 01'52'00" W, a distance of 20.69 feet; Thence N 01 °52'00" E, a distance of 20.10 feet to a point, from said point a '/2 inch capped iron rod found in the North line of the aforementioned Greater Paris Development Foundation tract at the Southeast comer of a called 59.2 acre tract of land conveyed from The Regents of the University of Texas to Paris Junior College on June 13, 1945 and recorded in volume 274, page 409 of the Deed Records of said county bears N 01 °52'00" W, a distance of 59.69 feet, said '/2 inch iron rod found also being the Southwest corner of the aforementioned called 4.1 acre City of Paris tract Thence S 82°16'38" E, a distance of 14.57 feet to a point for corner; Thence S 73°14'53" E, a distance of 99.09 feet to a point for corner; 84 EXHIBIT A, PAGE 3 OF 3 Thence N 83°2100" E, a distance of 62.93 feet to the Point of Beginning and containing 0.0818 acre of land. The South boundary line of the aforementioned called 23.250 acre City of Paris tract was used as reference bearing (S 82°49'06" E) for the above described 0.0818 acre tract. 1, KEVIN K. WHITLEY, REGISTERED PROFESSIONAL LAND SURVEYOR, #5892, STATE OF TEXAS, HEREBY CERTIFY THE ABOVE IS TAKEN FROM MEASUREMENTS MADE UPON THE GROUND, CONDUCTED BY ME AND COMPLETED ON JUNE 29, 2010. L U5 rv x1~fU ' F S T ••+9 y4 ~ 9FoN KEVIN K. WHITLEY M 9~ 5892 ~y~D FSS,o~oQ SuR a o e 3'~ 3 fiD~ AZ o . mss= o y D Dr 86 re . 5 v; 4TJ 1 _ n , W N ui- b V) Q uj Q) hA (1) Co U can uj x q . a xis a Yh ~ 2~. T k 2 r ! y' 14 8