2010-114 RES AUTHORIZING THE MAYOR TO ACQUIRE A 0.9585 ACRE-TRACT OF LAND FROM UNION PACIFIC RAILROADRESOLUTION NO. 2010-114
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AUTHORIZING THE MAYOR TO ACQUIRE A 0.9585-ACRE TRACT OF
LAND FROM UNION PACIFIC RAILROAD FOR THE WEST EXTENSION OF
THE PROPERTY KNOWN AS TRAIL DE PARIS FROM 12TH STREET SE
WEST TO 8TH STREET SE; AUTHORIZIIVG THE EXECUTIOIV OF A1VY A1VD
ALL DOCUMENTS NECESSARY FOR ACQUISITION; MAKING OTHER
FINDIIVGS AND PROVISIOIVS RELATED TO THE SUBJECT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Paris has been awarded a Texas Parks and Wildlife
Recreational Trail Grant to extend the Trail de Paris from 12th Street SE west to 8th Street
SE; and,
WHEREAS, in order to complete the project, the City must purchase a 0.9585-acre
tract of land from Union Pacific Railroad; and,
WHEREAS, in a letter agreement dated July 9, 2010, Union Pacific Railroad (the
"Railroad") confirmed an understanding between the City of Paris, Texas and the Railroad
for the City to acquire a certain 0.9585-acre tract of abandoned rail line, and right-of-way
for a price of $8,363.52 in Paris, Texas; and,
WHEREAS, the City Council of the City of Paris deems it in the best interest of the
City and the citizens of the City of Paris to approve the purchase of the land from Union
Pacific Railroad and authorize the Mayor to execute the Deed, in the form attached hereto
as Exhibit A, and the same should be approved;
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 Deed without Warranty to acquire the 0.9585-acre tract of
land from Union Pacific Railroad for the Trail de Paris Project from 12th Street SE west to
gth Street SE, attached hereto as Exhibit A be, and the same is hereby approved.
Section 3. That the Mayor be, and he is hereby authorized and directed to
execute, on behalf of the City of Paris, any and all documents necessary for acquisition of
said property.
Section 4. That the City Engineer be, and he is hereby authorized to execute and
deliver, on behalf of the City of Paris, all reports, communications, assurances, and
documents necessary for the acquisition of said property.
Section 5. That the Director of Finance be, and he is hereby, authorized and
directed to distribute funds for purposes of the acquisition of said 0.9585-acre tract for the
Trail de Paris Project.
Section 6. That this resolution shall be effective immediately upon passage.
DULY PASSED AND APPROVED this 8th day of November, 2010.
4:;~
Will Biard, Mayor
ATTEST:
nice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent Mc yar, Ci Attorney
Space Above for Recorder's Use Only
2519-04
DEED WITHOUT WARRANTY
STATE OF TEXAS )
) KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR )
UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, Grantor,
(successor in interest by merger to Union Pacific Railroad Company, a Utah corporation,
successor to Missouri Pacific Railroad Company), for and in consideration of Ten Dollars
($10.00) and other good and valuable consideration, to it in hand paid by CITY OF PARIS,
TEXAS, a municipal corporation of the State of Texas, Grantee, to be addressed at P.O.
Box 9037, Paris, Texas 75461-9037, the receipt of which is hereby acknowledged, has
granted, sold and conveyed, and by these presents does grant, sell and convey to
Grantee, the strip or tract of land (hereinafter the "Property") lying in the County of Lamar,
State of Texas, described in Exhibit A, hereto attached and hereby made a part hereof.
EXCEPTING from this conveyance and RESERVING unto Grantor, its
successors and assigns, forever, all minerals and all mineral rights of every kind and
character now known to exist or hereafter discovered underlying the Property, including
without limiting the generality of the foregoing, oil and gas and rights thereto, together with
the sole, exclusive and perpetual rights to explore for, remove and dispose of said minerals
by any means or methods suitable to the Grantor, its successors and assigns, but without
entering upon or using the surface of the Property, and in such manner as not to damage
the surface of the Property, or to interfere with the use thereof by the Grantee, its
successors and assigns.
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EXHIBlT.A
The Property is conveyed by Grantor subject to the following covenants,
conditions and restrictions, which Grantee by the acceptance of this Deed covenants for
itself, its successors and assigns, faithfully to keep, observe and perform:
1. Fence Covenant. Grantee, at its sole cost and expense, shall install,
within ninety (90) days after the date of delivery of this Deed, and thereafter maintain
fencing or other barriers to prevent access to or encroachment on the railroad right-of-way
of Grantor adjacent to the northern boundary of the Property. The fencing or barrier must
be of a design and type satisfactory to Grantor, and in compliance with applicable building
codes. Grantee shall submit the plans for the fencing or barrier construction to:
Vice President-Engineering Management
Union Pacific Railroad Company
1400 Douglas Street, Mail Stop 0910
Omaha, Nebraska 68179
with copy of transmittal to:
Assistant Vice President - Real Estate
Union Pacific Railroad Company
1400 Douglas Street, Mail Stop 1690
Omaha, Nebraska 68179
for review and approval. Grantor shall complete such review and make appropriate
response to Grantee within twenty (20) days after receipt of such plans by Grantor.
Grantor shall not unreasonably withhold its approval of such plans. Such approvai does
not constitu#e a guarantee or warranty that such plans comply with applicable
governmental laws, rules, regulations or ordinances, or that the fence as constructed will
be structurally sound.
2. Restriction on Use. The Property must not be used for (i) residential,
(ii) lodgings or accommodations (including, without limitation, hotels, motels, boarding
houses, dormitories, hospitals, nursing homes, or retirement centers), or (iii) educational or
child-care facilities (including, without limitation, schools, kindergartens or day-care
centers).
The foregoing covenants, conditions and restrictions shall run with the
Property, and a breach of the foregoing covenants, conditions and restrictions, or the
continuance thereof, may, at the option of Grantor, its successors or assigns, be enjoined,
abated or remedied by appropriate proceedings.
This conveyance is made without any warranty, express or implied, including,
without limitation, any warranty or covenant implied under the provisions of Section 5.023
of the Texas Property Code, which provisions are hereby expressly waived by Grantee
even as to the return of the purchase price.
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IN WITNESS WHEREOF, Grantor has duly executed this instrument this
day of 12010,
Attest: UNION PACIFIC RAILROAD COMPANY
L ~J ~
-iQ CG'~'.~ ~ BY
`,ssistant Secretary Tltle: Assi ~Vice President - Real Estate
(Seal)
ACKNOWLEDGMENT
STATE OF NEBRASKA )
) ss.
COUNTY OF DOUGLAS )
On , 2010, before me, , Notary
Public in and for said County and State, personally appeared
and who are the
and the Assistant Secretary, respectively, of Union Pacific Railroad Company, a Delaware
corporation, and who are personally known to me (or proved to me on the basis of
satisfactory evidence) to be the persons whose names are subscribed to in the within
instrument, and acknowledged to me that they executed the same in their authorized
capacities, and that by their signatures on the instrument the persons, or the entity upon
behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public
(Seal)
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Grantee hereby accepts this Deed and agrees for itself, its successors and
assigns, to be bound by the covenants set forth herein.
Dated this day of , 2010.
CITY OF PARIS, TEXAS
By:
Its:
STATE OF TEXAS )
) ss.
COUNTY OF LAMAR )
On this day of , 2010, before me, I
Notary Public in and for said County and State, personally appeared
who is the of CITY
OF PARIS, TEXAS, a municipal corporation of the State of Texas, and who is personally
known to me (or proved to me on the basis of satisfactory evidence) to be the person
whose name is subscribed to in the within instrument, and acknowledged to me that he/she
executed the same in his/her authorized capacity, and that by hislher signature on the
instrument the person, or the entity upon behalf of which the person acted, executed the
instrument.
WITNESS my hand and official seal.
Notary Public
(Seal)
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Union Pacific Railroad Company
Lamar County, Texas
Exhibit "A"
0.9585 Acre of Land out of the Union Pacitic Railroad Company Pi'operty
ln the City of Paris, Lamar County, Texas
Being a 0.9585 acre ti-act of land in the Larlcin Rattan Suivey, Absti•act No. 778, in Nie City of Paris,
Lamar County, Texas; being all of that certaiu called 0.35 acre tract of land described in deed dated
January 5, 1929, to Texas & Pacit7c Raihvay Co., recorded in Volume 222, Page 591 of tlie Lamar
County Deed Records (L.C,D.R.) and all of that ceitain called 0.62 acre ti-act of land described in deed
dated May 14, 1932, to Texas and Pacific Raihvay Company, recorded in Vol. 231, Pg. 624, L.C.D.R,,
said 0.9585 acre ti-act of laud is inore particularly described by metes and bouuds as follows (all bearings
cited herein are based ou Nortli 84 degrees 38 minutes 07 seconds 1Vest along the south boundary line of
the subject tract i1CC0I'dIllg to Vol. 1940, Pg. 251 of the Lamar County Real P►•opeity Records
[L.C.R,P.R.]);
BEGINIVING at a 1/2-inch irort rod with cap set in the east right-of-way line of 81' Street SE (formerly
High Street; 40 feet wide accorcling to tlie City of Paris), 75.00 feet fi•om the center line of the eaisting
railroad track in a southerly direction peipendicular to said track, foc the northwest corner of that cectain
tract of land deseribecl in deed dated September 14, 2007, to Barbara McCuin, cecorded in Vol. 1940, Pg.
251 of the Lamar County Official Public Records (L.C.O.P.R.) and the sotitlnvest cot•ner of said Tesas 8c
Pacific Raihvay Co. called 0.35 acce tract and the liereiu described tract;
1.) THENCE Nortli 01 deg. 17 min. 16 sec. West, along the east right-of-way line of 8t" Street SE
and the Nvest boundaiy line of said Texas R Pacific Raihvay Co. called 035 acre tract, a distance
of 50.34 feet to a 1/2-iiich iron rod with cap set 25.00 feet fi•om the center line of the existing
railroad track in a southerly direction perpendicular to said track and in the south boundary line of
the residue of that certaiii 50-foot wide right-of-way described in deed daTed May 31, 1876, to
Texas & Pacific Railway Co., recorded in Vol. G2, Pg. 501, L.C.D.R. for the noiltiwest corner of
said Texas & Pacific Railway Co. called 0.35 acre h•act, fi•om which a broken 4-incli square
concrete monument found in the east right-of-way lina of 8"' Street SE bears North 01 deg. 17
min. 16 sec. West, a (listance of 49.05 feet;
2.) THENCE South 84 deg. 38 min. 07 sec. East, 25.00 feet fi•om and parallel Nvith the center line of
the existing railroad track aiid along ttie sonth boiuidaiy line of said Tesas & Pacitic Railway Co.
SO-foot wide riglit-of-way residue and tlie north boundary line of said Tesas 8i Pacific Raihvay
Co. called 035 acre tract, at a distance of 194.88 feet passing a 1/2-inch iros3 rod with cap set for
the southwest corner of thlt certain tract of land described in deed dated May 14, 1999, to Tlle
Greater Paris Development Foundation, inc., recorded in Vol. 890, Pg. 147 of tlie Lamar County
Real Property Records (L.C.R.P.R.), at a distance of 235.00 feet passing a 1/2-incii iron rad with
c1p set for the noilheast corner of said Tesas & Pacific Railtivay Co. called 0.35 acre ti-act and the
northwest corner of said Texas and Pacific Rzihvay Company called 0.62 acre tract and that
ceitain ti-act of lnud described in deed dated M1rch 27, 1984, to the City of Paris, recorded in Vol.
45, Pg. 81, L.C.R.P.R., and continuii}g along the north boundary line of said Tesas and Pacific
Raihvay Company called 0.62 acre ti-act and said City of Paris tract aiid the soutli boundary line
of said Greater Paris Developmeut Foundation tract, a total distance of 835.00 feet to a 1/2-inch
iron rod with cap set for the nortlieast corner of said Texas and Pacific Railway Compauy called
0.62 aa'e tract and said City of Paris tract atid au iutei•ior coriier of said Greater Pai•is
Developmeiit Foluidation tract;
3.) THENCE South Ol deg. 17 min. 16 sec. East, along tlie east bouudary line of said Tesas aud
Pacific Raihvay Company called 0.62 acre tract and said City of Paris tract and an interior west
boundaiy line of said Greater Paris Development Foundation tract, passing the northwest corner
of that ceitain tract of land described in deed dlted August 8, 2003, to Kenda Taylor, recorded in
VoL 1377, Pg. 325, L.C.O,P.R., and continuing along the west boundary line of said Taylor tract
and the east boundaiy line of said Texas and Pacific RailNvay Company called 0.62 acre tract and
said City of Paris tract, a total distance of 50.34 feet to a 1/2-incli irou rod with cap set for the
southeast corner of said Texas atid Pacific Raihvay Company called 0.62 acre tract;
4) THENCE Notih 84 deg. 38 min. 07 sec. West, aloug the soutli boundaiy line of said Texas and
Pacific Railway Company called 0.62 acre tract, at a distance of 480.00 feet passing a 1/2-incki iron
rod witli cap set in the west boundaiy line of said City of Paris tract for the southwest coi•ner of
said Te:cas and Pacific RailNvay Company called 0,62 acre tract, the southeast corner of saicl Texas &
Pacific Raihvay Co. called 0.35 acre tract, and the northeast corner af said McCuin tract, and
continuing along the north Uoundary line of said McCuin tract and the south boundacy line of said
Texas & Pacific RailNvay Ca, called 0.35 acre teact, a total distance of 835.00 feet to the Point of
Beginning and containing 0.9585 acre of land, of whicli 0.6198 acre is within said City of Paris
tract.
Union Pacific Railroad Co.
Real Estate Department
Omaha, NE.
LD 0251904
October 6, 2010
CERTIFICATION OF NON-FOREIGN STATUS
Under Section 1445(e) of the Internal Revenue Code, a corporation, partnership,
trust, or estate must withhold tax with respect to certain transfers of property if a holder of
an interest in the entity is a foreign person. To inform the transferee, CITY OF PARIS,
TEXAS, that no withholding is required with respect to the transfer of a U.S. real property
interest by UNION PACIFIC RAILROAD COMPANY, the undersigned hereby certifies the
following on behalf of UNION PACIFIC RAILROAD COMPANY:
1. UNION PACIFIC RAILROAD COMPANY is not a foreign corporation, fareign
partnership, foreign trust, or foreign estate (as those terms are defined in the
Internal Revenue Code and Income Tax Regulations);
2. UNION PACIFIC RAILROAD COMPANY is not a disregarded entity as defined in
Section 1.445.2(b)(2)(iii) of the Internal Revenue Code;
3. UNION PACIFIC RAILROAD COMPANY'S U.S. employer identification number is
94-6001323; and
4. UNION PACIFIC RAILROAD COMPANY'S office address is 1400 Douglas Street,
Omaha, Nebraska 68179, and place of incorporation is Delaware.
UNION PACIFIC RAILROAD COMPANY agrees to inform the transferee if it
becomes a foreign person at any time during the three year period immediately following
the date of this notice.
UNION PACIFIC RAILROAD COMPANY understands that this certification may be
disclosed to the Internal Revenue Service by the transferee and that any false statement
contained herein could be punished by fine, imprisonment, or both.
Under penalties of perjury I declare that I have examined this Certification and to the
best of my knowledge and belief it is true, correct and complete, and i further declare that I
have authority to sign this document on behalf of UNION PACIFIC RAILROAD COMPANY.
UN10N PACIFIC RAtLROAD COMPANY,
a Delaware corporation
By:
Title: Asslstan ce Presldent - Real Estate
Date:
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