2010-094 RES ACCEPTING A PERMANENT DRAINAGE EASEMENT FROM THE GREATER PARIS DEV FOUNDATION INC LOCATED UPON AND ACROSS A TRACT OF LAND BELONGING TO THE GREATER PARIS DEV FOUNDATION INCRESOLUTION NO. 2 1- 4
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.
PASSED AND APPROVED this 13th day of S r, 201__0.
Will Biard, Mayor
ATTEST:
J nice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, ity A rney
t4l
081540-2010 Pages: 5 EA
08/23/2010 03:02:06 PM BY: judY9
Lamar County, TX
Kath Marlowe - Count Cierk
I IIIIIII ~Iil Ili Ilil Ilillll IIIIII IIII IIII illl~llllill ill IIIII illll IIII IIII
STORM DRA1NnGE EASEMENT
STATE QF TEXAS }
KNOW ALL MEN BY THFSE PRESENTS:
COUNTY OF LAMAR }
That the Gz•eater Paris Development t'oundation, o; Lamar County, Teaas,
(hereinattei• retei•red Co as Gl'antor) for and iil consideration of the sul7i of TEN DOLLt1RS
($10.()0) cash, auul nther good anci valuable consideraLion, to it in Iiand paid by thc City of
Paris, the receipt atid sufficicncy oFwhich is hereby acI<nowledged, does hereby se3i, giuc and
gt-ant unto the said City of Paris, of Lamar Courity, 1'exas, (]lei•einafter refef°red Co as Grantee)
a pei•petual stoi-m d1-ainage easemenL described as folloWs:
5I'('UATED wiLhin l'he corparate ]irnit5 of khe City of F'aris, County of
l,amar anci State of Texas, a part of tile George W. Cox Suivey A-164, and park of
a ti•act of lancl conveyed from Missouri Pz3cific Railroad Company to the Greater
Paris Dcveloprnent Fouildation, Inc. on 5eptenibcr 11,1996 and recorded in Vol.
638, 1'age 114 of the Real Propcrty Records of Larnar County, Texas, and being
more partirularly desci-ibed by metes and bounds in Exhihit A attached hereto
and nlade a p1F•t hereof (the °Premises").
`F'0 IiAVE ANll `1'0 I-(OLD the above property unta the City of Paris Fcrr CIle purposes
atoresaid, with the right and prEvilege at any and all titnes to enter said Premises, or aiiy pitrt
Ghereof, and canstr«ct, reconsti-uct, inspect, and maintain a stori-n drain pipe pfaced ot- to be
placed thcrein; provided that Crantee tivil{, after doing any tivork in connection with the
consti•uctian, re.construction, inspection, or maintenance of said tztility Eacilities, restore the
Premises as close to the condition in which said Pt'emises were found when such worl< was
unciertaken, insofar as permitted under tlie plans, standards, and spec:ificat;ons approved '"or
projects to be located withirl the herein dcscribed easement, and that in the use of said rights
and privileges herein granted, rhe Grantee vvill not create a nuisance or do any ar.t t.hat will be
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delrimental to said Premises; and provided further, that the Grantor shall not erect or p:ace
any builciing, fence, tree or other peri~ianent verticaf structure on che above-ciescrihed
pcrpetua] easement aild shail not otherwise use the above-described premises in a way that
will intertere with the construction, i]IaII1tC'C13RCe, repair, inspeccion, or operation of e}ie
utilitics placecl therein.
Grantar does hereby bind itselF and its successors and assigns, to warrant and (-orever
defend, aII and singular, said premises unto tlie Ciry of Paris againsc every person
whamsoever lawfully claiming or Cca claim the same c~r azzy part thereof.
Wl'I'NESS my hand lhis ~_3 day oF S 2010.
GREATER PAR1S DEVELOPMENT FOUNDA'CION I3t}ARD
~
Ed 1,llis, President
STATE OI' TEXAS }
COUNTY OF LAMAR }
BEFORE ME, the undersignetl authority, on this day personally appeared F?d Eliis,
Pi-esident, Greater l'aris Development Foundation Boarcl, knowm to riie Co he Che pcrson whase
name is subscribed to the foregoin~ instrument, and ackno~vleciged tc~ me that he exec~ated tlie
same for the Entrposes and consideration therein expressed, and in the cauacity therein stated.
GCVEN UNI3ER MY HAND AND 5EAL Or OFFICF, this 2~day of l",
~cl, - -
Nc>tary ublic., State aFTexas
ReTMr,N To:
Greater Paris Develop»Zent Fotindation
c/o S;iannon Barrentine
1125 Bontiam Street
Paris, TX 75460
TONIA M. HOBBS
~ PdOTARY PUEM
STATE Of TEW
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EXHIBIT A, YAGE 2 OF 3
0.0$18 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 e 114 of the Re 1 P operty
Fa u n d a t i o n, I n c o n S e ptember 11, 1996 and recorded in volume 638, pag
Records of said county. The said 0.0818 acre being more fully described by metes an d boun ds as fo l lows:
from said
Beginning at a point for corner at the most eastern Northeast corner of said 0.0818 acre,
point a`/z inch iron rod found at the Southwest comer of a called 23.250 acre tract of land conveyed from
I,eggett & Platt Incorporated to The City of Paris on 7une 26, 2003 and recorded in volume 1340, page
125 of the Real Property Recor ds of said count y 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
volulne 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'h 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 volurne 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°21'00" W, a distance of 67.07 feet to a point;
Thence N 73°14'S3" W, a distance of 101.65 feet to a point;
Thence N 82°16'38" W. a distanee of 10.94 feet to a point, from said point a'/z inch capped iron rod
found in the South line of the aforementioned~ acre e trac bea Develop1ment
52'00'FW, a d~tancecof 20.69
No r t liwes t co rne r o f t h e a f o r e m e n t i o n e d c a l l e d g
feet;
Thence N 01°52'00" E, a distanee of 20.10 feet to a point, from said point a'/~ ineh capped iron rod
found in the North line of the aforementioned Greater Paris Development Foundation tract at the
Southeast corner of a called 59.2 acre tract of Iand conveyed from The Reg Ef thenDeedi Re~cords of
to paris Junior College on June 13, 1945 and recorded in volume 274, p ge 409 o
said county bears N 01°52'00" W, a distance of 59.69 feet, said 1/z inch iron rod found also being the
Southwest corner of the aforementioned calIed 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'S3" E, a distance of 99.09 feet to a point for corner;
EXHIBIT A, PAGE 3 OF 3
Thence N 83°21'00" 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 aforernentioned 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.
I, KEVIN K. WHITLEY, REGISTERED PROFESSIONAL LAND SURVEYOR, 45892, STATE OF
ENTS MADE UPON
TEXAS, HEREBY CERTIFY THE AND COMPLETED ON JUNE 9U 2010.
THE GROUND, CONDUCTED BY ME
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