13-APPROVE RESOLUTION ACCEPTING UTILITY EASEMENT FROM PJCCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originating Department:
Presented By:
Agenda Item No.:
09/02/11
Engineering, Planning
Shawn Napier, P.E. City Engineer
Council Date:
& Development
/Director of Public Works
13.
09/12/11
RECOMMENDED MOTION:
Move to approve a resolution accepting a utility easement from Paris Junior College for a water line
across a portion of Paris Junior College Campus just south of Clarksville Street.
POLICY ISSUE(S):
Easement
BACKGROUND:
Paris Junior College (PJC) is proposing to construct a new building for classrooms. The proposed
building requires that a water line be installed from the existing water line in Clarksville Street to the
building for fire protection and potable water. A water line easement is required for the water line, fire
hydrants and water meters. The attached easement and aerial photograph show the proposed location.
Staff recommends accepting the water line easement.
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
y'I'D Actual
$
❑ Public Hearing ❑ Other
Acct. Name
Acct. Number
FISCAL NOTES:
REVIEWED AND APPROVED BY:
~ Administration Z City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court 0 Legal ❑ Library ❑ Police E Eng./Public Wotks ❑ Utilities
City of Paris
Revised 2/04/08
62
RESOLUTION N0.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS;
ACCEPTING A UTILITY EASEMENT FROM PARIS JUNIOR COLLEGE FOR A
WATER LINE ACROSS A PORTION OF PARIS JUNIOR COLLEGE CAMPUS
MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING OTHER
FINDIIVGS AND PROVISIONS RELATED TO THE SUBJECT; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, Paris Junior College is proposing to construct a new building for
classrooms. The proposed building requires that a water line be installed from the
existing water line in Clarksville Street to the building for fire protection and potable water;
and,
WHEREAS, It is necessary that the City of Paris have a utility easement for said
water line for maintenance purposes; and,
WHEREAS, it is deemed appropriate that the Utility Easement from Paris Junior
College 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, THAT:
Section 1. The findings set out in the preamble to this resolution are hereby in
all things approved.
Section 2. That the utility easement from Paris Junior College attached hereto and
incorporated herein as Exhibit "A" is necessary to provide adequate infrastructure for
water line, fire hydrants, and water meters to provide service to the new PJC building.
Section 3. That the City Manager, be, and is 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.
DULY PASSED AIVD APPROVED this 12th day of September, 2011.
A.J. Hashmi, M.D., Mayor
11 . 63
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
64
UTILITY EASEMENT
STATE OF TEXAS §
COUNTY OF LAMAR §
KNOW ALL MEN BY THESE PRESENTS:
That Paris Junior College 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 utility easement described as follows:
Situated in the County of Lamar, State of Texas, being a part of the G.W.
Cox Survey, Abstract No. 164, being a part of the Paris Junior College campus in
Paris, Texas, said 15 foot wide utility easement being more particularly
described by metes and bounds in the survey attached hereto and incorporated
herein as Exhibit "A" ("Premises"):
TO HAVE AND TO HOLD the property described herein 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 lines, sewer lines, and/or drainage facilities)
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 of said rights and privileges herein granted, the GRANTEE will
EXHIBIT ~1
65
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 _ day of, 2011.
Dr. Pamela Anglin
President
Paris Junior College
STATE OF TEXAS §
§
COUNTY OF LAMAR §
BEFORE ME, the undersigned authority, on this day personally appeared Dr. Pamela
Anglin, President, Paris Junior College known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that she executed the same
for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ day of , 2011.
Notary Public, State of Texas
RETURN TO:
City Attorney
City of Paris
P. 0. Box 9037
Paris, TX 75461-9037
66
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DRAFTING & SURVEYING, INC.
LEGAL DESCRIPTION
WATERLINE EASEMENT
JOB NO. 11050248
Situated in the County of Lamar, State of Texas, being a part of the G. W. Cox Survey, Abstract
No. 164, being a part of the Paris Junior College Campus in Paris, Texas, and being more particularly
described by metes and bounds as follows:
Commencing at a 112" steel rod found at the intersection of the south right-of-way line of U.S.
Highway No. 271 (Clarksville Street) and the east line of 24'h Street;
Thence South 66°22S4" East along the said south right-of-way line, a distance of 632.46 feet to
the northwest corner of the herein described easement tract, the Ti'ue Point-of-Beginning;
Thence South 66°2254" East continuing along said south right-of-way line, a distance of 15.00
feet to a point;
Thence over and across said Paris Junior College Campus the following calls and distances:
South 23°40'25" West, a distance of 20.00 feet to a point;
South 01 054150 "East, a distance of 251.58 feet to a point;
South 43 °OS'10" West, a distance of 16.44 feet to a point;
North 46°54'S0" West, a distance of 18.91 feet to a point;
North 01 °54'SO" West, a distance of 25. 00 feet to a point;
North 88005'10"East, a distance of 10.00 feet to a point;
North 01°54'SO" West, a distance of 228.25 feet to a point;
North 23°40'25" East, a distance of 23.39 feet to the POINT-OF-BEGINNING and containing
0.104 acres of land.
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WATERLINE
CRID NORTH, NAD 83
7EXAS STATE PLANE COOROINATE SYSTEM
EASEMENT
NORTH CENiRAI ZONE
(0.104 ACRES)
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G.W. COX SURVEY, AB
APPROVED BY: JBA LAMAR COUNTY, TEXAS
~ALE; _ 50. GFiANTOR: PARIS JUNIOR COLLEGE
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