05-I TxDOT 19 TE
DRAFT
F:ALICEIRESWORKICURRENTI TxDOT Documents 19TE - Lamar Ave Impr Res
August 5, 2004
RESOLUTION NO.
A RESOLUTION OF THE CITY OF PARIS, PARIS, TEXAS,
AUTHORIZING THE EXECUTION OF AN ORIGINAL DEED AND
MEMORANDUM OF AGREEMENT FOR THE TEXAS
DEPARTMENT OF TRANSPORTATION-FUNDED PROJECT TO
WIDEN LAMAR A VENUE BETWEEN 20111 STREET N .E. AND
NORTH COLLEGIATE DRIVE, PARCEL NO. 19TE; MAKING
OTHER FINDINGS AND PROVISIONS RELA TED TO THE
SUBJECT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the Texas Department of Transportation (TxDOT) has undertaken a
project to widen Lamar Avenue between 20th Street N.E. and North Collegiate Drive; and,
WHEREAS, the City Council of the City of Paris did heretofore on the 8th day of
September, 2003, in Resolution No. 2003-149 acknowledge its wholehearted support of the
TxDOT project to widen Lamar Avenue between 20th Street N.E. and North Collegiate
Drive; and,
WHEREAS, the City Council of the City of Paris did heretofore on the 14th day of
June, 2004, in Resolution No. 2004-099 accept the appraised value on two temporary
construction easements for said project; and,
WHEREAS, in order to complete said project it is necessary that further documents
be executed in furtherance of said project; and,
WHEREAS, the forms of a Temporary Easement Deed and Memorandum of
Agreement for Parcel No. 19TE attached hereto as Exhibits A and B respectively, should
in all things be approved, and the City Manager should be authorized to execute the same;
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS:
Section 1. That the findings set out in the preamble of this resolution are hereby in
all things approved.
Section 2. That the additional documents necessary for the Texas Department of
Transportation (TxDOT) project to widen Lamar Avenue between 20th Street N. E. and
North Collegiate Drive, being the Temporary Easement Deed attached hereto as Exhibit A
and Memorandum of Understanding attached hereto as Exhibit B, Parcel No. 19TE are
hereby approved and authorized.
Section 2. That the City Manager of the City of Paris be, and he is hereby
authorized and directed to execute, on behalf of the City of Paris, the Temporary Easement
Deed and the Memorandum of Understanding attached hereto as Exhibits A and B.
Section 3. That this resolution shall be effective from and after the date of passage.
PASSED AND APPROVED this 9th day of August, 2004.
Curtis Fendley, Mayor
ATTEST:
Sherian Dixon, Assistant City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney
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Account Numbe : 0045-09-082
Parcel No.: 19 TE
County: Lamar
ROW-N-83
Rev. 512003
Replaces Form 0-15-83
GSD-EPC
Page 1 of2
TEMPORA Y E
THE STATE OF TEXAS
§
§
§
COUNTY OF LAMAR
OW ALL MEN BY THES PRESENTS:
That, City of Paris, Paris, TX, of the County f ar, State of Texas, hereinafte referred to as
Grantors, whether one or more, for and in cons derati n of the sum of Seven Hundr d Twenty Five
Dollars ($725.00) to Grantors in hand paid by he Sta e of Texas, acting by and ugh the Texas
Transportation Commission, receipt of which is h reby knowledged, and for which n lien is retained,
either expressed or implied, do by these presen Gr , Bargain, Sell and Convey u to the State of
Texas, a temporary easement for the purpose of cons ction in, along, upon and acr ss the property
located in the County of Lamar, State of Texas, more articularly described in Exhib t "A", which is
attached hereto and incorporated herein for any d all p rposes.
And for the same consideration described above and u on the same conditions, the G antors have this
day granted and conveyed and by these presents 0 gran and convey unto the State of exas any and all
improvements presently existing upon the propert desc bed in said Exhibit "A".
This easement shall expire on the 31 st day of Jul 2006, or on the date of completion 0 construction of
the highway facility, whichever occurs first.
TO HAVE AND TO HOLD unto the said Sta e of T xas as aforesaid, for the pu
conditions set forth hereinabove, the premises des ribed n said Exhibit "A".
IN WITNESS WHEREOF, this instrument is ex cuted on this the - day of
Name:
E HI IT J1..
ses and on the
,2004.
ROW-N-83
Rev. 512003
Page2of2
Ackno'lvledge ment
State of Texas
County of Lamar
This instrument was acknowledged before me on
by
, 2004
Notary Public's Signature
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222-A ,-,0+,;;.°" Con stru ction
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SURVEY #03-107
Block
109+00
19
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LINE TABLE
City of Paris, Paris, Texas
2351 Lamar Avenue
L.C.D.R Vol 652, Pg. 408
LINE BEARING DISTANCE
Construct;on Eosement
Property Unes
Lot Number
1/2" Set Iron Rod
1/2" Found Iron Rod
3/8" Found Iron Rod
L-1 NOT14'07"W 150r
L-2 N89'34'OO"E 69.07'
L-3 SOl°59'10"E 1 5.0r
L-4 S89'34'OO"W 69.00'
Property Une
PK Noil
Drilled Hole ;n Concrete
Easement
Joe L. Deupree and
wife Susan Deupree
L.C.D.R. Vol. 575, Pg. 581
First and Second Tracts
City of Paris, Paris, Texas
LC,D.R. Vol. 652, Pg, 408
Lot 9. Block 222-A
2351 Lamar Avenue
80'
1/2" SIR
110+70.33
40' Lt.
111+00
tõma r
Drilled Hole
in Concrete
111+39.33
EXISTING 40' Lt.
RIGHT-OF-WAY
Avenue
Business U.S. 82
.' .
SH EET 1
OF
3 SHEETS
, I'
.
Block 222-A
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113+00
Block 2 of the Re-Subdivision
of the Lamar Terrace Addition
to the City of Paris, Texas
LEGEND
(j)
a
.
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Scale 1 "=60'
Mark L. Sanderson RPLS //1911
Block 249
NOTES:
1) A LEGAL DESCRIPTION OF EVEN SURVEY
DA TE HEREWI TH ACCOMPANIES THIS PLAT
TEXAS COORDINATE SYSTEM, NORTH CENTRAL
ZONE AND ADJU STED TO NAD 83
TxDOT SCALE FACTOR 1.00012
SURVEYED ON THE GROUND MARCH 5, 2003
STATE DISTRICT COUNTY! JOB
TEXAS PARIS PARCEL NO. 19TE LAMAR I 082
City of Paris,
CaNT. SECT. Paris, Texas HIGHWAY NO
0045 09
CSJ: 0045-09-082
PROJECT NO:
BUSINESS US 82
CONSTRUCTION EASEMENT 0,024 AC,(1.035 SOoFT.)
Survey:
03-107
Sheet 2 of 3 She ts
County:
Lamar
Account No:
CSJ No:
0045-09-082
Highway:
Business US 82 (Lamar Av .)
Parcel:
19TE
Grantor:
City of Paris, Paris, Texas
Being: 0.024 acres situated' the C unty of Lamar, State of Texas, being
a part of a George W. Cox Survey A stract o. 164, also being a part of t 9
Block 222-A, City of Paris, Lamar ounty, Texas, in a Warranty Deed fto J.K.
Guest, Jr., Weldon Slaton and D. W yne B own to City of Paris, Paris, Te as,
recorded in Deed Record Volume 6 2, Pa 408, Lamar County, Texas, d ted
January 12, 1983, and being describ d by etes and bounds as follows:
Beginning at a 1/2" Set Iron Rod in e exi ting North Right-of-Way ofB siness
US 82, said point being Business U 82 St tion 110+70.33 Offset 40.00 fe t left;
said point also being the Southwest orner fthe City of Paris, Paris, Tex tract,
and the Southeast comer of a tract d scribe in a Warranty Deed ftom Bill J.
Pitts to Joe L. Deupree and wife, Su an De pree recorded in Deed Recor
Volume 575, Page 581, Lamar Co ty, Te as, dated January 13, 1976; sai point
also being the Southwest comer of e Pro sed 15.00 foot wide Construct on
Easement,
(1)
Thence North 02°14'07"We t a dis ance of 15.01 feet with the Pro osed
West side of the 15.00 foot ons ction Easement and the West li e of
the referenced City of Paris, aris, exas tract, and the East line of he
referenced Deupree tract to 1/2" S t Iron Rod, Business US 82 St tion
110+69.85, Offset 55.00 feet left, fì r the Northwest comer of this
Proposed Construction Ease ent;
(2)
Thence North 89°34'00" Eta dist ce of69.07 feet with the Pro osed
North side of the Constructi n Eas ment to a Yz" Set Iron Rod bei g in
the East line ofthe reference City fParis, Paris, Texas tract, and so
being in the West line of a tr ct des ribed in a Warranty Deed fÌ"om Ralph
Crews and wife, Julia Ann C ews t Fantastic Furnishing, Inc. reco ded in
Real Property Records Vol e 465 Page 52, dated August 15, 19 , also
. .
.
.
(3)
(4)
being Business US 82 Statio III + 8.92, Offset 55.00 feet left, for e
Northeast comer of this Prop sed C nstruction Easement;
Thence South 01 °59'10" E a dist ce of 15.01 feet with the East line of
the referenced City of Paris, aris, exas tract and, the West line of e
referenced Fantastic Furnishi g~ Inc tract, to the North line of Ri t-of-
Way of Business US 82 Stati n 111 39.33 Offset 40.00 feet left; to a 1/2"
Set Iron Rod for the Southe t com of this Proposed Constructio
Easement,
Thence South 89°34'00" We t a dis ance of 69.00 feet with the No
Right-of-Way of Business U 82 to e POINT-OF-BEGINNING
containing 0.024 acres oflan .
A Plat of even date herewith ccom anies this legal description.
MEMORAND
OF GREEMENT
City of Paris
ATTN: Shawn Napier, City Engineer
150 S.E. 1 sl St.
Paris, TX 75460
County: Lamar
Highway No.: Business U.S. 82
Location: From FM 95
Collegiate Drive
Project No.: N/A
CSJ No.: 0045-09-082
Account No.: 0045-09-082
Parcel No.: 19 TE
to
Dear Mr. Napier:
You have indicated a willingness to sign a deed or yo r property, which consists of.
in easement located in the George W. Cox Surve , Abs act No. 164, Lamar County, T
It is important to confmn this agreement in or er to void any possible misunders ding as to the
details of the purchase or the process by which he Te as Department of Transportati n (TxDOT) will
make payment. The payment of $725.00 as hef in agr d will constitute full payme t to be made by
TxDOT for the property to be conveyed to the St te.
TxDOT and the owner(s) have agreed to the foll wing
Until payment is made by TxDOT, title and poss ssion f the property to be conveyed mains with you.
You shall bear all risk of loss to any and all such prope y prior to such payment. Eith r you or TxDOT
shall have the right to terminate this agreement.
The payment of the amount herein stated
consideration and conditions of this purchase;
been signified or implied, save and except any
Assistance Program and the mutual benefits to
agreement.
d the terms provided constitute th only promises,
d no ther promises, consideration 0 conditions have
enefit which may accrue under the tate's Relocation
e deri ed by you and TxDOT from e signing of this
It is suggested that you carefully review the prop sed ght of Way Deed and satisfy y urself (selves) as
to its provisions. With your signing of this a ment d execution of the deed the tate will proceed
with the issuance of a State warrant which will e mad out jointly to you and to Ston Title Company,
Inc., agent for Fidelity National Title Insurance omp y.
The State, without cost to the owner, will pay th cost f recording all instruments con eying title to the
State.
Form'ROW-N-l
Rev, 5/200
EX IBIT ß..
GSDrEPC
Page 1 of2
This company has been designated as the State s c1os ng agent and is responsible to see that TxDOT
obtains clear title. They will not endorse the w ant d make payment until clear ti e is secured. At
the same time, you have the right to withhold e dorse ent of the warrant and not acc pt payment until
you are fully satisfied on all details of the transa tiono
, 2004
I (We) fully understand the Texas Department 0 Trans ortation propojal as contained on this agreement
and hereby acknowledge receipt of the brochure ntitle "Relocation Assistance. "
I (We) understand that relocation assistance be efits handled entirely separate fro and in addition
to this transaction and agree that my (our) e ecutio of the Right of Way Deed is based on this
understanding.
Property Owner's Signature
Property Owner's Signatur
SSN or FEI
SSN or FEI
Date
Date
Form ROW-N-t
ev, 512 3
Page 2 of2