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06-A 20th NE ROW for Signal DRAFT RESOLUTION NO. F:ATIORNEY\RESWORK\CURRENI\ 20th Street ROW Purchase for Signal Light Res September 15,2005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AUTHORIZING THE PROCUREMENT OF ADDITIONAL RIGHT -OF - WAY FOR THE TXDOT -FUNDED PROJECT TO CONSTRUCT A LEFT-HAND TURN LANE ON 20TH STREET N.E. BETWEEN EAST PRICE STREET AND KYLE STREET, BEING A PORTION OF LOT 4, CITY BLOCK 220-A FOR THE PLACEMENT OF A SIGNAL LIGHT AND HANDICAP RAMP; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Texas Department of Transportation (TxDOT) has undertaken a project to construct a left-hand turn lane on 20th Street N.E. from E. Price Street north to Kyle Street; and, WHEREAS, the construction of said turn lane will be funded by TxDOT with the City of Paris providing funding for the purchase of right-of-way and any costs related thereto; and, WHEREAS, the additional right-of-way for the placement of a signal light and handicap ramp necessary for the completion of the project is shown on Exhibit A, attached hereto, and the City Council deems it appropriate to authorize the City Manager, City Attorney, and City Engineer to procure appraisals and pursue the acquisition of said right-of-way; 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 City Manager, City Attorney, and City Engineer be, and they are hereby, authorized and directed to obtain appraisals and pursue the acquisition of the property on Lot 4, City Block 220-A as shown on Exhibit A, attached hereto, to be used for the placement of a signal light and handicap ramp for the left-hand turn lane on 20th Street N.E. from E. Price Street north to Kyle Street project. Section 3. That this resolution shall be effective from and after the date of passage. PASSED AND APPROVED this 19th day of September, 2005. Curtis Fendley, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney T RIGHT-OF-WAY DEED THE STATE OF TEXAS COUNTY OF LAMAR } KNOW ALL MEN BY THESE PRESENTS: } That I, Jesse W. Bridges, of the County of Lamar, State of Texas, hereinafter referred to as Grantor, for and in consideration of the sum of ONE AND NO/I00 DOLLARS ($1.00) cash, and other good and valuable consideration, to Grantor in hand paid by the CITY OF PARIS, Paris, Texas, a municipal corporation, receipt of which is hereby acknowledged, and for which no lien is retained, either express or implied, have this day sold, and by these presents do Grant, Bargain, Sell and Convey unto the CITY OF PARIS, Paris, Texas, a municipal corporation, of Lamar County, Texas, all that certain tract or parcel of land in Lamar County, Texas, and being more particularly described as follows, to-wit: BEING 0.011 acres situated within the corporate limits of the City of Paris, county of Lamar and State of Texas, being a part of Lot 4 of City Block 220A, a part of the Isaiah Davis Survey Abstract No. 253, being a part of the tract of land conveyed by Warranty Deed from H. J. Mullen and wife, Dora A. Mullen to Jesse W. Bridges, as recorded in Volume 637, Page 983, Deed Records of Lamar County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a Y2" capped Set Iron Rod in the South Boundary Line of a five foot wide Right-of-Way expansion of Pine Bluff Street described in Right-of-Way Deed from Jesse W. Bridges to City of Paris, Paris, Texas, a municipal corporation, recorded in Deed Records Volume 677, Page 514, Lamar County, Texas, dated October 8, 1984, and in the North Boundary Line of the remainder of Lot 4, City Block 220-A, of the referenced Bridges deed, said point being FM 195 Station 8+86.79, Offset 51.78 feet left; from which the Northwest corner of the referenced Bridges remainder of Lot 4, City Block 220-A, and the Southwest comer of the referenced Bridges Right-of-Way Deed a 3/8" Found Iron Rod bears South 89°34'41" West a distance of 92.00 feet, and said 1/2" capped Set Iron Rod being the Northwest comer of this tract; THENCE North 89°34'41" East passing the existing West Right-of-Way of FM 195 at a distance of 26.78 feet and passing the existing back of curb and continuing a total deeded distance of30.00 feet with the South right-of-Way Line of Pine Bluff Street to a 1/2" Drilled Hole in Concrete, at the Northeast comer of the referenced Bridges remainder of Lot 4, City Block 220-A and overlapping the West Right-of-Way ofFM 195, Station 8+86.80, Offset 21.78 feet left, for the Northeast comer of this tract; THENCE South 00°24'00" East (Reference Bearing) with the East Boundary Line of the referenced Bridges remainder of Lot 4, City Block 220-A, and parallel with the Right-of-Way Line ofFM 195 and passing the existing back of curb and continuing a total distance of 32.00 feet to a 1/2" Set Iron Rod, FM 195 Station 8+54.80, Offset 21.78 feet left; for the Southeast comer of this tract. THENCE North 43 °3 3 '36" W est passing the existing West Right -of- W ay ofFM 195 at a distance of 4.71 feet, Station 8+58.23, Offset 25.00 feet left, and continuing a total distance of 43.86 feet to the point of beginning and containing 0.011 acres of land of which 0.002 acres overlaps into FM 195 Right-of-Way. Page 1 EXHIBIT ..A.. T I The above field notes being taken from an actual survey made on the ground by Mark L. Sanderson, Registered Land Surveyor of Texas #4911, August 12,2005, reference being here made to all instruments and records for all necessary purposes, as shown on Exhibit A attached hereto and incorporated herein for all purposes. This conveyance is made subject to any and all easements that are of record and not of record in the Land Records of Lamar County, Texas, that are apparent, visible and ascertainable by inspection on the ground, including any buried beneath the surface of the ground for servicing of utilities and like entities. Grantor reserves all of the oil, gas and sulphur in and under the land herein conveyed but waives all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same; however, nothing in this reservation shall affect the title and rights of the CITY OF PARIS to take and use all other minerals and materials thereon, therein and thereunder. TO HAVE AND TO HOLD the above described premises herein conveyed together with all and singular the rights and appurtenances thereto in anywise belonging, unto the CITY OF PARIS and its assigns forever; and Grantor does hereby bind himself, his heirs, executors, administrators, successors and assigns, to Warrant and Forever Defend all and singular the said premises herein conveyed unto the CITY OF PARIS and its assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof. IN WITNESS WHEREOF, this instrument is executed on this the- day of , 2005. Jesse W. Bridges STATE OF TEXAS COUNTY OF LAMAR } } BEFORE ME, the undersigned authority, on this day personally appeared Jesse W. Bridges, 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 UNDER MY HAND AND SEAL OF OFFICE this - day of , 2005. Notary Public, State of Texas RETURN TO: City of Paris, City Attorney P. O. Box 9037 Paris, TX 75461-9037 Page 2 T SURVEY #05-270 CITY OF PARIS 3/8" Found Iron Rod 1/2" Set Iron Rod Drilled Hole in Concrete Chain link Fence F.M. 195 R-O-W Overlap of Lot . 0 @ I I I lines - - - - - - - - PINE m X ::r: - OJ LOT 6 - -I þ> LOT 5 BLOCK SIGNAL AND HADICAP RAMP B L U F F S T R E E T t S89.34'41"W 92.00' Station 8+86.79 Offset 51. 78' Left ~ of which 0.002 Acres Lays in F.M. 195 R-O-W Overlap Part of Lot 4, Block 220-A Jesse W. Bridges Volume 637, Page 983 Station 8+54.80 Offset 21.78' Left LOT 4 F.M. Highway 195 Overlaps Lot Lines on Block 220-A Aproximately 3.2 Feet 220-A LOT 3 LINE BEARING D'ST ANCE L1 N 89834'41" E 30.00' L2 S 00824'00" E 32.00' L3 N 43833'36" W 41.35730' -1 I SHEET 1 OF 3 SHEETS.. EASEMENT If) I I I ~I~ ~o ~ I I 25' I 25' .c~ fir) , I- '100 r (f) ~.- .x u.. W I wi <{ ~I W f", I ~I I- ~I~ Scale 1 "=30' I 0::: LDI 0 ~ I I I I I I I 3.2~ -I ~13: ~II ~? ~ II:§ .00 ~h< u.. w .: m, z ~ ~ 9+00 >-1 I Station 8+86.80 <{ I Offset 21.78' Left SCY II I GI - I II I . I 2' . 1 I LL I- W W 0::: I- (f) I I- 0 N 25' 25' T 8+ 00 I 1