05-J TxDOT 28 TE
DRAFT
F:ALICEIRESWORKICURRENTI TxDOT Documents - 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. 28TE; 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. 28TE 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. 28TE 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
~
L<Ë:...
Account Numb r: 0045-09-082
Parcel No.: 28 TE
County: Lamar
ROW-N-83
Rev. 5/2003
Replaces Fonn 0-15-83
GSO-EPC
Page 1 of2
TEMPO
COUNTY OF LAMAR
§
§
§
OW ALL MEN BY THES PRESENTS:
THE STATE OF TEXAS
That, City of Paris, Paris, TX, of the County of L ar, State of Texas, herein aft r referred to as
Grantors, whether one or more, for and in co siderat on of the sum of Eight Hun red Thirty Nine
Dollars ($839.00) to Grantors in hand. paid by the St te of Texas, acting by and tough the Texas
Transportation Commission, receipt of which is ereby cknowledged, and for which n lien is retained,
either expressed or implied, do by these presen s Gra t, Bargain, Sell and Convey nto the State of
Texas, a temporary easement for the purpose 0 const ction in, along, upon and ac oss the property
located in the County of Lamar, State of Texas more particularly described in Exhi it "A", which is
attached hereto and incorporated herein for any d all rposes. ;1
And for the same consideration described above and u on the same conditions, the rantors have this
day granted and conveyed and by these presents 0 gra t and convey unto the State of exas any and all
improvements presently existing upon the prope y desc ibed in said Exhibit "A".
This easement shall expire on the 31 st day of Jul ,2006 or on the date of completion f construction of
the highway facility, whichever occurs first.
TO HA VE AND TO HOLD unto the said St te of exas as aforesaid, for the pu oses and on the
conditions set forth hereinabove, the premises de cribed in said Exhibit "A".
IN WITNESS WHEREOF, this instrument is e ecuted on this the - day of
,2004.
Name:
E HIStT 11.
'1
. ROW-N:S3
Rev. 5/2003
Page2of2
State of Texas
County of Lamar
Ackno ~ledgE ment
This instrument was acknowledged before me on
by ,
«
, 2 (){)L
Notary Public's Signature
Jr
SURVEY #03-107 Can stru ction
Block 222-A
80'
114+00
,
Business U.S, 82
@
LINE TABLE
The City of Paris. Texas
¿4bU Lamar Avenue
LC,OR Vol 420, Pg, 456
LINE BEARING OIST ANCE
L-1 N89'34'OO"E 97,92'
L-2 Curve Right
L-3 SOO'47'22"E 1200'
L-4 Curve Left
L-S S89'34'00"W 97,82'
L-6 NOO'S4'SS"W 12,00'
L-2 Curve Riqht
Bng=N89'42' 40"E
R= 7600,04'
0=00'4S'14"
Oelta=00'00'S6"
L=2.0S'
C=2.0S'
T=102'
~
Easement ~~~
~;j",~t><
0+0'
CJ ~
~. (j-; ]
CJ~ -;i- "?' ð;
CJ~o<f{Þ~ II ~
c-I
"
SHEET 1
OF
3 SHEETS'
Block 222-B
I,j"
w
Z
50'
116+00
, ,
PC 116+22.47
3/8" FIR Bears
NOO'47'22"W 1.12'
116+24,53
118+00
Lamar Avenue
William L Cupit
L.c.R.P, Vol. 608, Pg. 157 Tract 1
L-4 Curve Left
Bng=S89'41'S9"W
R=7S88,04'
0=00'45'18"
Oelta=00'00'S8"
L=2,12'
C=2.12'
T=1.06'
The City of Paris, Texas
LC.D.R. Vol. 420, Pg. 456
Lot 6, Block 249
2460 Lamar Avenue
Block 249
Construction Easement
Property Lines
Lot Number
1/2" Set Iron Rod
1/2' Found Iron Rod
3/8" Found Iron Rod
Set PK Nail
Property Line
D,illed Hole in Conuete
LEGEND
(]f)
0
.
@
@
1.
Louis Bowerman, Jr.
L.C.OX Vol. 682, Pg. 14.3
anderson RPLS #4911
NOTES:
1) A LEGAL DESCRIPTION OF EVEN SURVEY
DATE HEREWITH ACCOMPANIES THIS PLAT
2) ALL BEARINGS ARE REFERENCED TO THE
TEXAS COORDINATE SYSTEM, NORTH CENTRAL
ZONE AND ADJUSTED TO NAD 83
hDOT SCALE FACTOR 1. 00012
SURVEYED ON THE GROUND MARCH 5, 2003
STATE DISTRICT PARCEL NO 28TE COUNTY JOB
TEXAS PARIS . LAMAR 082
CONT. SECT. The City of
0045 09 Pons, Texas
HIGHWAY NO.
CSJ' 0045-09-082
PROJECT NO'
BUSINESS us 82
Scale 1"=60'
@
CONSTRUCTION EASEMENT 0.028 AC.(1,199 SO.FT,)
..-
'.
-'
4 I
Survey:
County:
Account No:
CSJ No:
Highway:
Parcel:
Grantor:
03-107
Sheet 2 of 3 Sh ets
Lamar
0045-09-082
Business US 82 (Lamar A .)
28TE
The City of Pari~, Texas
12.00 foot wi e Co struction Easement
Being: 0,028 acres situated i the ounty of Lamdr, State of Texas being
a part of a George W, Cox Survey bstract No, 164, also being a part of L t 6
Block 249, City of Paris, Lamar Co nty, T xas, in a Warranty Deed from 'Beria
O'Brien and husband, Frank M, 0' rien, J " to The City of Paris, Texas,
recorded in Deed Record Volume 4 0, Pag 456, Lamar County, Texas, d ted
October 2, 1964, and being describe by m tes and bounds as follows:
Beginning at a 1/2" Set Iron Rod in he exi ting South Right-of-Way ofB siness
US 82, said point being Business U 82 St tion 115+24,55, Offset 40,00 fi et
right; said point also being the Nort west c mer ofthe referenced City of aris,
Texas tract and the Northeast comer of a tr ct described in a Deed of Exec trix
from Mary Cunningham, Executrix f the state of William Cole Beal, De eased,
to William E, Cupit recorded in Re I Prop rty Volume 608, Page 157, La ar
County, Texas, dated May 15, 1996; said pint also being the Northwest c mer of
the Proposed 12,00 foot wide Const ction asement,
(1)
(2)
Thence North 89°34'00" Ea t a dis ance of97,92 feet with the Sou h
Right-of-way of Business U. S, 82, 0 a 1/2" Set Iron Rod for the
beginning of a curve to the ri t, B siness US 82 Station 116+22.4 ,
Offset 40,00 feet right to the eginn ng of a curve to the right;
Thence North 89°42'40" Ea talon a curve to the right with the S th
Right-of-way Business U, S. 82 as llows: Radius = 7600,04', D =
00°45'14", Delta = 00°00'56', Cho d=2,05',L=2,05', Tangent 1.02',
to a point from which a 3/8" ound ron Rod bears North 00°47'22' West
a distance of 1.12 feet, for th Nort ast comer of this Proposed
Construction Easement, also eing i the Northwest comer of a trac
described in Warranty Deed from iolet Bowerman to Louis Bow rman,
Jr" recorded in Deed Record olum 682, Page 143, dated March
,,'
t,..
., .¡
(5)
(6)
(3)
1985, and the Northeast co er lin of the referenced City of Paris Texas
tract, also being Business U 82 S tion 116+24.53, Offset 40.00 et right
for the Northeast comer oft is Pro osed Construction Easement;
(4)
Thence South 89°41 '59" st alo g a curve to the left with the S uth line
of Construction Easement a folIo s: Radius = 7588,04', D = 00° 5'18",
Delta = 00000'58", Chord 2,12',L=2,12',TaI).gent=1.06',to 1/2"
Set Iron Rod, also being Bu iness S 82 Station 116+22.47, Offse 52.00
feet right, in the South line f this roposed Construction Easemen ;
Thence South 89°34'00" W st a di tance of97,82 feet with the So th line
of Construction Easement, t a 1/2' Set Iron Rod, Business US 82 tation
115+24,65, Offset 52,00 fee right, eing in the West line ofthe re erenced
City of Paris, Texas, tract, d the ast line ofthe referenced Willi E,
Cupit tract, and being the S uthwe t Comer of the Proposed Const ction
Easement;
Thence North 00°54'55" W st a di tance of 12,00 feet with the W st line
of the referenced City ofP 's, Tex s, tract, and the East line ofth
referenced William E Cupit ract t the POINT-OF-BEGINNING
containing 0,028 acres of I d,
ARCH 5, 2003
MEM ORAND
OF GREEMENT
Date: J ne 16, 2004
City of Paris
ATIN: Shawn Napier, City Engineer
150 S,E. 1st St.
Paris, TX 75460
County: Lamar
Highway No.: Business U.S. 2
Location: From PM 195
Collegiate Drive
Project No.: N/A
CSJ No.: 0045-09-082
Account No,: 0045-09-082
Parcel No.: 28 TE
to
Dear Mr, Napier:
You have indicated a willingness to sign a deed or yo property, which consists of. 28 acres of land
in easement located in the George W. Cox Surve ,Abstr ct No. 164, Lymar County, Te as.
It is important to confirm this agreement in or er to void any possible misunderst ding as to the
details of the purchase or the process by which t e Tex Department of Transportati n (TxDOT) will
make payment. The payment of $839.00 as her in agr ed will constitute full paymen to be made by
TxDOT for the property to be conveyed to the St te,
Until payment is made by TxDOT, title and poss ssion f the property to be conveyed r mains with you.
You shall bear all risk of loss to any and all such rope y prior to such payment. Eith you or TxDOT
shall have the right to terminate this agreement.
TxDOT and the owner(s) have agreed to the follo ing p ovisions.
The payment of the amount herein stated an the erms provided constitute the only promises,
consideration and conditions of this purchase; d no 0 her promises, consideration 0 conditions have
been signified or implied, save and except any b nefits which may accrue under the S ate's Relocation
Assistance Program and the mutual benefits to b deriy d by you and TxDOT from signing of this
agreement.
The State, without cost to the owner, will pay the cost 0 recording all instruments con eying title to the
State.
It is suggested that you carefully review the prop sed Ri ht of Way Deed and satisfy yo self (selves) as
to its provisions. With your signing of this agre ment d execution of the deed the S ate will proceed
with the issuance of a State warrant which will b mad out jointly to you and to Ston Title Company,
Inc., agent for Fidelity National Title Insurance C mpan .
Fonn ROW-N-l
Rev. 512003 GSD-EPC
E HIB T .1i.
Page 1 of2
This company has been designated as the State' closi g agent and is responsible to ee that TxDOT
obtains clear title. They will not endorse the w ant d make payment until clear tit e is secured. At
the same time, you have the right to withhold en orse nt of the warrant and not ace t payment until
you are fully satisfied on all details of the transac 'on.
,2004
c.
I (We) fully understand the Texas Department 0 Trans ortation propojal as contained n this agreement
and hereby acknowledge receipt of the brochure ntitle "Relocation Assistance. "
I (We) understand that relocation assistance ben fits ar 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 FBI
SSN or FBI
Date
Date
Fonn ROW-N-t
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