08-I Easement AcceptanceDRAFT
F:ALICE\RESWORK\CiJRRENT\ Lester-Sewer Easement Lot 5 C Blk 251-A Res
October 5, 2004
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS, AUTHORIZING THE ACCEPTANCE OF A GIFT OF DEDICATION OF
A 20 FOOT EASEMENT FOR AN EXISTING SEWER LINE ACROSS LOT 5-B,
CITY BLOCK 251-A; MAKING OTHER FINDINGS AND PROVISIONS
RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of Paris has been made aware of the existence of an old sewer line which runs
across Lot 5-B, City Block 251-A without the apparent benefit of a formal dedicated easement; and,
WHEREAS, the owner of the underlying fee interest in the property traversed by said sewer line
has offered a gift of dedication of a 20-foot wide easement containing the aforesaid existing sewer line; and,
WHEREAS, the description of said easement is shown on Exhibit A attached hereto; and,
WHEREAS, the City Council finds that the above-described utility easement is necessary for said
existing sewer line and that the dedication of said easement should in all things be accepted; 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 to this resolution are hereby in all things
approved.
Section 2. That the gift of dedication of a 20-foot wide utility easement, pursuant to the terms and
conditions and as described in that utility easement attached hereto and for all purposes incorporated herein
as Exhibit A, shall be and is hereby in all things accepted and authorized for filing.
Section 3. That this resolution shall be effective from and after the date of passage.
PASSED AND APPROVED this l lth day of October, 2004.
Curtis Fendley, Mayor
ATTEST:
Sherian Dixon, Assistant City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney
UTILITY EASEMENT
STATE OF TEXAS }
COUNTY OF LAMAR }
KNOW ALL MEN BY THESE PRESENTS:
That I, Timmy E. Lester, 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 me in hand paid by the CITY OF PARIS, Paris, Texas, the receipt and sufficiency of
which is hereby acknowledged, do hereby sell, give and grant unto the said CITY OF PARIS, a
municipal corporation, of Lamar County, Texas, (hereinafter referred to as Grantee) a perpetual utility
easement described as follows:
BEING 0.071 acres of land situated within the corporate limits of the City of
Paris, County of Lamar and State of Texas, a part of the Redin Russell Survey Abstract
No. 362, lying and being a part of Lot 5-13, City Block 251-A, being a part of the
property as described in a Warranty Deed from Beverly Dan McKinney Domengeaux to
Timmy E. Lester, recorded in Volume 1510, Page 81, Rea1 Property Records, Lamar
County, Texas, and being more particularly described as follows:
COMMENCING at the most Easterly Southeast corner of the said Lot 5-13, a 1/z"
found iron rod in concrete, at the most Southerly Northeast corner of the remainder of
Lot 5 of the City of Paris, State of Texas, described in Volume 1007 Page 300, Rea1
Property Records, Lamar County, Texas, being in the West boundary line of Sante Fe
Street, from which a metal fence corner post bears North 00°00'00" East a distance of
83.22 feet, the reference bearing for this survey, the Southwest corner of a 0.756 acre
tract being Lot 5-A and described as Tract Two, from Swatsell, Inc., a Texas
Corporation to NRG Petroleum, L. P. , recorded in Volume 1200 Page 98 Real Property
Records, Lamar County, Texas, being the Easterly Northeast corner of said Lot 5-13,
going South 70°OS'09" West along the Northerly South line of said remainder of Lot 5
and the South line of Lot 5-13, a distance of 95.65 feet to a 1/z" set iron rod capped, in
the most Southerly North line of said remainder of Lot 5 being the South boundary line
of said Lot 5-B and being the Point of Beginning and the Southeast corner of this
permanent 20.0 foot Existing Utility Easement;
THENCE South 70°095'09" West a distance of 13.10 feet to a lh" found iron rod
being the Southwest corner of said Lot 5-B and the inside Northeast corner of said
remainder of Lot 5;
THENCE North 19°34'36" West with the West boundary line of said Lot 5-B and
the East Boundary Line of said remainder of Lot 5 a distance of 21.24 feet to a 1/z" set
iron rod capped being the Southwest corner of this 20-foot wide Existing Utility
Easement, being in the East boundary line of said remainder of Lot 5 and the West
boundary line of said Lot 5-13;
THENCE North 2°08'53" East a distance of 135.83 feet with the West boundary
line of the Easement to a 1/z" set iron rod capped in the North boundary line of said Lot
5-B and the most Northerly South boundary line of said remainder of Lot 5, from which
a lh" found iron rod in concrete bears South 70°13'41" West a distance of 50.28 feet
being the Northwest corner of said Lot 5-B and the inside Southeast corner of said
remainder of Lot 5;
THENCE North 70° 13'41" East a distance of 21.56 feet with the North boundary
line of said Lot 5-B and the most Northerly South boundary line of said remainder of Lot
5 to a lh" set iron rod capped being the Northeast corner of said easement, from which
a 1/z" found iron rod capped bears North 70° 13'41" East a distance of 64.25 feet, being
the Northeast corner of Lot 5-B and an inside Northwest corner of said remainder of Lot
5;
THENCE South 2°08'S3" East a distance of 158.69 feet with the East boundary
line of said easement to the point of beginning and containing 0.071 acres of land.
The above field notes being taken from an actual survey made on the ground by
Mark L. Sanderson, Registered Land Surveyor of Texas #4911, September 30, 2004,
reference being here made to all instruments and records for all necessary purposes.
TO HAVE AND TO HOLD the above property unto the CITY OF PARIS for the purposes
aforesaid, with the right and privilege at any and a11 times to enter said premises, or any part thereof,
and construct, reconstruct, relocate, inspect, and maintain any and a11 utilities facilities placed or to be
placed therein; provided that Grantee will, after doing any work in connection with the construction,
reconstruction, relocation, inspection, or maintenance of said utilities facilities, restore the surface 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 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, 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 utilities placed therein.
Grantor does hereby bind himself, his heirs, executors and administrators, to warrant and forever
defend, all and singular, said premises unto the CITY OF PARIS against every person whomsoever
lawfully claiming or to claim the same or any part thereof.
WITNESS my hand this day of October, 2004.
Timmy E. Lester
STATE OF TEXAS }
COUNTY OF LAMAR }
BEFORE ME, the undersigned authority, on this day personally appeared Timmy E. Lester,
known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged
to me that he executed the same for the purposes and consideration therein expressed.
GIVEN LTNDER MY HAND AND SEAL OF OFFICE this day of October, 2004.
Notary Public, State of Texas
RETURN TO: City Attorney
City of Paris
P. O. Box 9037
Paris, TX 75461-9037
SURVEY #04-222
251 A
Remainder of Lot 5 BLOCKi I
City of Paris
Lomar County Reol Property
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SHEET 1 OF 3 SHEETS
Lot 5-A
NRG Petroleum, L.P.
Lomar County Real Property
Volume 1200 Page 98
S A N T E F E S T R E E T
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Survey # 04-222 SHEET 2
TRACT ONE
20.0 FOOT WIDE E'XIS'TING UTILITYEASE
Being 0.071 acres of land, a part of the Redin Russell Sur
being a part of Lot 5-B Olock 251-A of the City of Paris,
Lot 5-B being a part of the property as described in a Wai
McKinney Domengeauk to Timmy E. Lester, record in V
Property Records, Lam~ County, Texas. The said 0.071 <
by metes and bounds as follows:
OF 3 SHEETS
~y Abstract No. 362, lying and
unar County, Texas. The said
inty Deed from Beverly Dan
ume 1510 Page 81 Rea1
re easement being described
Commencing at the Most Easterly Southeast corner of th said Lot 5-B, a%2" found iron
rod in concrete, at the m~st Southerly Northeast corner o the reminder of Lot 5 of the
City of Paris, State of Te!xas, described to The City of P s in Volume 1007 Page 300
Real Property Records, Lamar County, Texas, being in t1i West line of the Sante Fe
Street, from which a meital fence corner post bears North 00°00'00" East a distance of
83.22 feet, the reference bearing for this survey, the Sou west corner of a 0.756 acre
tract being Lot 5-A and described as Tract Two, from Sw tsell, Inc., a Texas
Corporation, to NRG Petroleum, L.P., recorded in Volum 1200 Page 98 Real Property
Records, Lamar County,' Texas, being the Easterly North ast corner of sa.id Lot 5-B, Go
South 70°05'09" West alpng the Northerly South line of a.id Reminder Lot 5 and the
South line of Lot 5-B, a' distance of 95.65 feet to a 1/2" s t iron rod capped, in the most
Southerly North line of said reminder of Lot 5 being the outh line of said Lot 5-B and
being the Point of Beginhing and the Southeast corner of 's permanent 20.0 feet
Existing Utility Easement;
Thence: South 70°OS'09!' West a distance of 13.10 feet to a 1/2" found iron rod being the
Southwest corner of said Lot 5-B and the inside Northeas corner of said reminder of Lot
5;
Thence: North 19°34'36!' West with the West line said L t 5-B and the East line of said
Remindaer of Lot 5 a distance of 21.24 feet to a 1/z" set ir n rod capped being the
Southwest corner of this ~ 20 foot wide Existing Utility E ement, being in the East line of
said reminder of Lot 5 aiad the West line of said Lot 5-B;
Thence: North 2°08'S3" !East a distance of 135.83 feet wi h the West line of the Easement
to a 1/2" set iron rod capped in the North liiqe of said Lot -B and the most Northerly
south line of said reminder Lot 5, from wWch a%z" found iron rod in concrete bears
South 70°13'41" West a distance of 50.28 feet being the ~orthwest corner of said Lot 5-
B and the inside Southeast corner of said reminder Lot 5;
SHEET 3 OF 3 S'HEETS
Thence: North 70°13'41" East a distance of 21.56 feet wit
and the Most Northerly South line of said reminder Lot 5
being the Northeast corner of said easement, from which ~
bears North 709 3'41" Elast a distance of 64.25 feet, bein€
B and an inside Northwest corner of said remainder of Lo-
Thence: South 2°08'53" East a distance of 158.69 feet
to the POINT-OF-BEGINNING and containing 0.071 ;
I, Mark L. Sanderson Registered Professional Land Sur
hereby certify the above 'was taken from measurements
9/30/2004 and are true atid correct.
h the North line of said Lot 5-B
:o a 1/2" set iron rod capped
. %2" found iron rod capped
, the Northeast corner of Lot 5-
;
the east line of said easement
of land.
#4911, State of Texas, do
upon the ground on
MARK L. §,4IVDERS~N R.P.L.S. #~911