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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 Volume 1007 Poge 300 b~~ N 70'13'41" E 21.56' N N m N lJ`/ 8I ~ F- E 502 ' ~d0 N ~ a C-) 20' 0.071 ACRES fiimmp_€~ tester tN -26'_iNfBE EXtSTING ~ Lamar County I UTIUTY EASEMENT Deed Records Volume 1510 ~ N Page 81 I ~ Zm x N ~ cn N m X W N o Timmy E. Lester 0 Lamar Count Deed Records ~ y $ I V o l u m e 1510 P a g e 81 ~ w ~ W I Cb ~ W p N ~ ~ • ~ 0) ! '41 1N~ ar an e n RPLS 49 1 Remainder of Lot 5 ~ City of Poris Lamar County Real Property Volume 1007 Poge 300 ~ I I N 1 '34'36" W 21.2 ' I I -1/2" FIR 0 Point of Beginning y' 5 Mw9g6 16 05~ p9 Remainder of Lot 5 City of Poris Lamor County Real Propei 70'05'09" W 13.10' Volume 1007 Page 300 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 ~ Cf) .40'- cn ~ m m Z ~ Fence Corner Post 0 1/2" Found Iron Rod • 1/2" Set Iron Rod o Man Hole ED Chain Link Fence -jf- 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