07-A Pshigoda S. Easements.wp
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F:ALICE\RESWORK\CURRENT\ Pshigoda South Add utility easements Res
December 2, 2004
RESOLUTION NO. _______________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, AUTHORIZING THE APPROVAL AND ACCEPTANCE OF
PERMANENT UTILITY EASEMENTS AND TEMPORARY
CONSTRUCTION EASEMENTS ACROSS PORTIONS OF LOT 17, CITY
BLOCK 311, FOR THE CONSTRUCTION OF A SEWER LINE AND
WATER LINE FOR PSHIGODA SOUTH SUBDIVISION; MAKING OTHER
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS,
the City Engineer has advised the City council of the need for permanent utility
easements and temporary construction easements in order to construct a sewer line and water line
for Pshigoda South Subdivision; and,
WHEREAS,
the form of the utility easements are shown on Exhibits A and B, attached
hereto; and,
WHEREAS,
the City Council finds that the above-described utility easements are necessary
for the construction of a sewer line and water line for Pshigoda South Subdivision, and that the same
NOW, THEREFORE,
should be accepted;
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 permanent utility easements and temporary construction easements
situated across portions of Lot 17, City Block 311, to be used for the construction of a sewer line and
water line for Pshigoda South Subdivision, such easements in the form attached hereto as Exhibits
A and B, be, and the same are hereby, approved and accepted.
Section 3.
That this resolution shall be effective from and after its date of passage.
th
PASSED AND APPROVED
this 13 day of December, 2004.
____________________________________
Curtis Fendley, Mayor
ATTEST:
____________________________________
Sherian Dixon, Assistant City Clerk
APPROVED AS TO FORM:
____________________________________
Larry W. Schenk, City Attorney
EXHIBIT A
UTILITY EASEMENT
STATE OF TEXAS}
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR}
That THE CRIST AND ELIZABETH PSHIGODA MEMORIAL FOUNDATION, A Texas
Non-Profit Corporation, and CURTIS DALE MABERRY and wife, LISA GAYE MABERRY
(hereinafter referred to Grantors) for and in consideration of the sum of TEN DOLLARS ($10.00)
cash, and other good and valuable consideration, to it and them 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:
All that certain tract or parcel of land situated within the corporate limits of
the City of Paris, County of Lamar and State of Texas, a part of the Joseph Leach
Survey, Abstract No. 524, said tract of land containing 0.014 acre as more
particularly described on Exhibit “A” attached hereto and made a part hereof for all
necessary purposes, being a Plat and Field Notes prepared by R. Brandon Chaney,
th
RPLS #4057, State of Texas, on the 24 day of August, 2004.
TO HAVE AND TO HOLD the above property unto the CITY OF PARIS, its successors
and assigns forever, for the purposes aforesaid, with the right and privilege at any and all times to
enter said premises, or any part thereof, and construct, reconstruct, relocate, inspect, and maintain
any and all utility 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 utility 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 Grantors 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.
Grantors do hereby bind themselves and their successors, heirs, executors, and administrators,
to warrant and forever defend, all and singular, said premises unto the CITY OF PARIS, its
successors and assigns, against every person whomsoever lawfully claiming or to claim the same or
any part thereof.
WITNESS my hand this ____ day of December, 2004.
______________________________________
The Crist & Elizabeth Pshigoda Memorial
Foundation
______________________________________
Curtis Dale Maberry
_______________________________________
Lisa Gaye Maberry
STATE OF TEXAS}
COUNTY OF LAMAR}
BEFORE ME,
the undersigned authority, on this day personally appeared
_________________, of the Crist & Elizabeth Pshigoda memorial Foundation, known to me to be
the person whose name is subscribed to the foregoing instrument, and acknowledged to me that
[he/she] executed the same for the purposes and consideration therein expressed, and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE
this ___ day of December, 2004.
_____________________________
Notary Public, State of Texas
STATE OF TEXAS}
COUNTY OF LAMAR}
BEFORE ME,
the undersigned authority, on this day personally appeared Curtis Dale
Maberry and Lisa Gaye Maberry, known to me to be the persons whose names are subscribed to the
foregoing instrument, and acknowledged to me that they executed the same for the purposes and
consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE
this ___ day of December, 2004.
_____________________________
Notary Public, State of Texas
RETURN TO:City Attorney
City of Paris
P. O. Box 9037
Paris, TX 75461-9037
EXHIBIT B
UTILITY EASEMENT
STATE OF TEXAS}
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR}
That THE CRIST AND ELIZABETH PSHIGODA MEMORIAL FOUNDATION, A Texas
Non-Profit Corporation, and CURTIS DALE MABERRY and wife, LISA GAYE MABERRY
(hereinafter referred to Grantors), for and in consideration of the sum of TEN DOLLARS ($10.00)
cash, and other good and valuable consideration, to it and them 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:
All that certain tract or parcel of land situated within the corporate limits of
the City of Paris, County of Lamar and State of Texas, a part of the Joseph Leach
Survey, Abstract No. 524, said tract of land containing 0.116 acre as more
particularly described on Exhibit “A” attached hereto and made a part hereof for all
necessary purposes, being a Plat and Field Notes prepared by R. Brandon Chaney,
th
RPLS #4057, State of Texas, on the 24 day of August, 2004.
TO HAVE AND TO HOLD the above property unto the CITY OF PARIS, its successors
and assigns forever, for the purposes aforesaid, with the right and privilege at any and all times to
enter said premises, or any part thereof, and construct, reconstruct, relocate, inspect, and maintain
any and all utility 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 utility 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 Grantors 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.
Grantors do hereby bind themselves and their successors, executors, and administrators, to
warrant and forever defend, all and singular, said premises unto the CITY OF PARIS, its successors
and assigns, against every person whomsoever lawfully claiming or to claim the same or any part
thereof.
WITNESS my hand this ____ day of December, 2004.
______________________________________
The Crist & Elizabeth Pshigoda memorial
Foundation
______________________________________
Curtis Dale Maberry
______________________________________
Lisa Gaye Maberry
STATE OF TEXAS}
COUNTY OF LAMAR}
BEFORE ME,
the undersigned authority, on this day personally appeared
_________________, of the Crist & Elizabeth Pshigoda memorial Foundation, known to me to be
the person whose name is subscribed to the foregoing instrument, and acknowledged to me that
[he/she] executed the same for the purposes and consideration therein expressed, and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE
this ___ day of December, 2004.
_____________________________
Notary Public, State of Texas
STATE OF TEXAS}
COUNTY OF LAMAR}
BEFORE ME,
the undersigned authority, on this day personally appeared Curtis Dale
Maberry and Lisa Gaye Maberry, known to me to be the persons whose names are subscribed to the
foregoing instrument, and acknowledged to me that they executed the same for the purposes and
consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE
this ___ day of December, 2004.
_____________________________
Notary Public, State of Texas
RETURN TO:City Attorney
City of Paris
P. O. Box 9037
Paris, TX 75461-9037