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05-G Temp Acc Ease-Lamar Ave D FT RESOLUTION N . A RESOLUTION OF THE CITY OUN IL OF THE CITY OF PAS, PARIS, TEXAS, APPROVING AND A CEP ING THE PROCUREMENT F A TEMPORARY ACCESS EASE ENT OR INGRESS AND EG SS FROM 25TH STREET S.E. TO LA VENUE ACROSS PROPER Y BELONGING TO WILLIAM C. C PIT N CONNECTION WITH T E LAMARAVENUEUTILITYRELOC TIO PROJECT;MAKINGOTH R FINDINGS AND PROVISIONS LAT D TO THE SUBJECT; A D DECLARING AN EFFECTIVE DA T . F:AL CE\RESWORK\CURRENT\ Temp Access Ease eot - 25'" SE Res August 5, 2004 WHEREAS, the City Council of the Ci of P . s has undertaken a project of c nstruction entitled Lamar Avenue Utility Relocation Proj ct in accordance with plans and sp cifications prepared by the City Engineer of the City of P s; and, WHEREAS, the temporary access eas ment ecessary for the completion manhole replacements for said utility relocation roject' s shown on Exhibit A attached WHEREAS, the City Council finds that e ab ve-described temporary access asement is necessary for said improvement project and that he s e should be approved and accep ed; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OUN IL OF THE CITY OF PARI TEXAS: Section 1. That the findings set out in th approved, Section 2. That the Temporary Access aseme t executed by William E. Cup't, property owner of the property to be crossed for ingress d egr ss from 25th Street S,E, to Lam Avenue, during the construction of new manholes, bein a p of the Lamar Avenue Utility elocation Project be, and the same is hereby, approved an accep ed. Section 3. That this resolution shall be ffectiv from and after the date of pas age. PASSED AND APPROVED this 9th d y of A gust, 2004. C is Fendley, Mayor ATTEST: Sherian Dixon, Assistant City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney TEMPORARY A C SS EASEMENT STATE OF TEXAS COUNTY OF LAMAR } } KNOW N BY THESE PRESENTS: That I, William E. Cupit, of Lamar Cou ty, (he einafter referred to as Grantor) and in consideration of the sum of ONE DOL AR ( 1.00) cash, and other good an valuable consideration, to us in hand paid by the CITY F P A $, a municipal Corporation, he receipt and sufficiency of which is hereby acknowledg , do ereby sell, give, and grant un 0 the said CITY OF PARIS, a 30 foot wide temporary acc ss eas ment for providing free and uni terrupted pedestrian and vehicular ingress to and egress om 25 h Street S, E. to Lamar A venue as shown on Exhibit A, and further described as follows: Situated within the corporate I' 'tsl of e City of Paris, County of Lamar and State of Texas, and eing part of Lot 5, City Block 249, located in the 2400 block of L Avenue, as shown on Exhibit A attached hereto; said temporary access easement to be for a nin t)f (90 day period of time beginning August 9. 2004 and ending November 7,2004, to allow th cpns of 25th S.W. and Hubbard Street, as shown on ction of new manholes at the' tersection TO HA VE AND TO HOLD the above p perty to the CITY OF PARIS for th purposes and subject to the limitations and duration afores . q, wi the right and privilege at any d all times to enter said premises, or any part thereof, to co struct reconstruct, repair, and maint . n any and all drainage facilities placed therein; provided th t Gran ee will, after doing any work in onnection with the construction, reconstruction, relocating r main nance of said manholes, restore he surface to the condition to which said surface was fo d w en such work was undertaken insofar as permitted under the plans and specifications ap roved or projects to be located within the herein described temporary access easement, and that in he use of said rights and privileges her' n granted, the CITY OF PARIS will not create a nuisan e or d any act that will be detrime tal to said premIses, EXHIB T Grantor does hereby bind himself, his h irs, ex cutors and administrators, to w ant and Y part thereof. forever defend, all and singular, said premises to t e CITY OF PARIS against ev ry person whomsoever lawfully claiming or to claim the s WITNESS our hands this - day of A gust, 2004. Wi liam E Cupit STATE OF TEXAS COUNTY OF LAMAR } } BEFORE ME, the undersigned authority om. thi day personally appeared Willi E. Cupit, known to me to be the person whose name s sub ribed to the foregoing inst ent, and acknowledged to me that he executed the same fo the poses and consideration therein xpressed. GIVEN UNDER MY HAND AND SE L OF OFFICE this - day of Aug st, 2004. No Public, State of Texas EXHIBI c,~ 'j.",-~() 'Í-1()'j.()~,;'j.