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07-B Signature Sr Living /-'. . . .. DRAFT F:AITORNEY\RESWORK\CURRENT\ Signature Senior Living easements Res September 29, 2005 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF P AIDS, PARIS, TEXAS, ACCEPTING FOR DEDICATION CERTAIN OFF-SITE EASEMENTS ASSOCIATED WITH THE DEVELOPMENT OF SENIOR LIVING FACILITIES BY SIGNATURE SENIOR LIVING, L.L.C.; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Signature Senior Living, L.L.C. is in the process of the development of a senior assisted living facility, including the installation of certain off-site drainage channels and other associated infrastructure requiring the use of certain off-site easements; and, WHEREAS, Signature Senior Living, L.L.C. has sought approval of the final plat for the aforesaid senior assisted living facility; and, WHEREAS, as part of the completion of the platting process, the aforesaid off-site grading and drainage easements must be dedicated to the City of Paris; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF P AIDS, P AIDS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That those off-site easements necessary for adequate drainage for the senior assisted living facility being developed by Signature Senior Living, L.L.C., as said easements are attached hereto and for all purposes incorporated herein, shall be and are hereby in all things accepted for dedication by the City of Paris. Section 3. That the Mayor, City Manager, City Engineer, and other officials as shall be deemed necessary shall be and are hereby authorized to execute any and all documents associated with the acceptance of the aforesaid easements. Section 4. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 10th day of October, 2005. Curtis Fendley, Mayor 1 I /"í . .... . ATTEST: . Janice Ellis, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney T I DRAINAGE & GRADING EASEMENT STATE OF TEXAS COUNTY OF LAMAR } } KNOW ALL MEN BY THESE PRESENTS: That Signature Senior Living, L.L.C., Lamar County, Texas, (hereinafter referred to as Grantor) for and in consideration of the sum ofTEN 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, does 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 drainage & grading 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 Hiram Williams Survey, Abstract No.1 003, said tract of land being a part of a 73.53 acre tract of land described in a deed to Sally H. McCoy, Harper Six Family Limited Partnership, The Donald Grant Wilson 1998 Trust, The Houston Gregory Wilson 1998 Trust, Houston David Harrison, Donald G. Wilson, and Barbara H.Wilson, recorded in Volume 1037, Page 183,ofthe Lamar County Real Property Records as more particularly described on Exhibit "A" attached hereto and made a part hereof for all necessary purposes. TO HA VE 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 drainage 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 drainage. 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. T I - Grantor does hereby bind itself and its successors and assigns, 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 , 2005. SIGNATURE SENIOR LIVING, L.L.C. [] STATE OF TEXAS COUNTY OF LAMAR } } BEFORE ME, the undersigned authority, on this day personally appeared , , Signature Senior Living, L.L.C., 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, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this - day of , 2005. Notary Public, State of Texas RETURN TO: City Attorney City of Paris P. O. Box 9037 Paris, TX 75461-9037 1 I Field Notes Drainage & Grading Easement Situated within the Corporate Limits of the City of Paris, Lamar County, Texas, a part of the Hiram Williams Survey, Abstract 1003, also being a part of a 73.53 acre tract of land described in a deed to Sally H. McCoy, Harper Six Family Limited Partnership, The Donald Grant Wilson 1998 Trust, The Houston Gregory Wilson 1998 Trust, Houston David Harrison, Donald G. Wilson, and Barbara H. Wilson, recorded in Volume 1037, Page 183, of the Lamar County Real Property Records, and being further described as follows: Beginning at a point at the Southeast comer of a 0.432 acre tract of land previously conveyed out of said 75.53 acre tract and described in a deed to Jon Landers recorded in Volume 1373, Page 119, of the Lamar County Real Property Records; Thence North 19° 33' 14" East a distance of 176.34 feet to a point for comer; Thence South 70° 26' 46" East a distance of20.00 feet to a point for comer; Thence South 19° 33' 14" West a distance of 156.87 feet to a point for corner; Thence South 68° 51' 20" East a distance of259.19 feet to a point for comer; Thence South 00° 00' IS" East a distance of 15.66 feet to a point for comer; Thence West a distance of 15.00 feet to a point for comer; Thence North 68° 51' 20" West a distance of270.30 feet to the place of beginning, and containing 8748.579 square feet of land. EXHIBIT Å 1 1 ~ 8el1d1m8rtc EJev.- 584.96' Set 8Od l18li In the East side power pole, West IIde CollegIate Dr-4- .' ( / 0 100 200 I I Scale 1"" 100' -- ._"'12'"~-""- A.B. cnono, APlS4057.. For ear- ...._.~ 14Cun03 / I hereby eerily IIBIINs pmperty doa8 noIlle In . lood-prone ..... as Indlcaled by federal ftood .......... INIIL I R. IIr8ndon Ch8neY, P.E. Sally H. McCoy, "'81. V.1037P.I83 LC.R.P.R. Appmyed lor PnIpøraUon of FNI PIal ! . Dale ChaIrman. PI8nnIng & ZonIng CornrisoIon ) 3.726 ACRES Zoning PD-b ;/ .~ /~ EASEMENT 2 Lot 13 City BI. 259 Env.350-0 LC.P.R. S8IIy H. McCoy, 81 aI. Y.1037P.183 LC.R.P.R. I 19 I J--~ 'I 20 I L--J I æe Est. Ph 21 No. 225- LC.P. 's.I.p.L - ~ ¡I I . 22 ~ ¡I I ë--- ~ I I r ¡If irr 23 I ~I ;\1 - I ! , ! ~ \1 24 I: ¡ '<'-I 'j;¡' ~ il 25 I if- - -1 S.l.P.T EASEMENT 1 AND EASEMENT 2 EXHIBIT DRAWING " SIGNATURE SENIOR LIVING. L.L.C. --.. CHANEY ENCIN£ERINC INC. PH, , 903-784-8303 "K, September 2005 DEVELOPER Signature Senior Uving, LLC 106 Decker Court Suite 200 Las Colinas. Texas Contacl Sleven Vick 214) 417-24011 3,728 ACRES. PAGE I or 1 DRAINAGE EASEMENT STATE OF TEXAS CO UNTY OF LAMAR } } KNOW ALL MEN BY THESE PRESENTS: That Signature Senior Living, L.L.C., Lamar County, Texas, (hereinafter referred to as Grantor) for and in consideration of the sum ofTEN 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, does 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 drainage 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 Hiram Williams Survey, Abstract No. 1003, said tract of land being a part ofa 73.53 acre tract of land described in a deed to Sally H. McCoy, Harper Six Family Limited Partnership, The Donald Grant Wilson 1998 Trust, The Houston Gregory Wilson 1998 Trust, Houston David Harrison, Donald G. Wilson, and Barbara H. Wilson, recorded in Volume 1037, Page 183,ofthe Lamar County Real Property Records as more particularly described on Exhibit "A" attached hereto and made a part hereof for all necessary purposes. TO HA VE 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 drainage 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 drainage 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. T 1 Grantor does hereby bind itself and its successors and assigns, 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 , 2005. SIGNATURE SENIOR LIVING, L.L.C. [] STATE OF TEXAS COUNTY OF LAMAR } } BEFORE ME, the undersigned authority, on this day personally appeared , , Signature Senior Living, L.L.C., 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, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this - day of , 2005. Notary Public, State of Texas RETURN TO: City Attorney City of Paris P. O. Box 9037 Paris, TX 75461-9037 1 t Field Notes Drainage Easement Situated within the Corporate Limits of the City of Paris, Lamar County, Texas, a part of the Hiram Williams Survey, Abstract 1003, also being a part ofa 73.53 acre tract of land described in a deed to Sally H. McCoy, Harper Six Family Limited Partnership, The Donald Grant Wilson 1998 Trust, The Houston Gregory Wilson 1998 Trust, Houston David Harrison, Donald G. Wilson, and Barbara H. Wilson, recorded in Volume 1037, Page 183, of the Lamar County Real Property Records, and being further described as follows: Beginning at a point in the East Boundary Line of Collegiate Drive, said point being located South 29° 25' 30" West a distance of293.06 feet from the Southwest corner of a 0.432 acre tract of land previously conveyed out of said 75.53 acre tract and çlescribed in a deed to Jon Landers recorded in Volume 1373, Page 119, of the Lamar County Real Property Records; South 68° 52' 38" East a distance of20.87 feet to a point for comer, said point being in a curve to the right having a radius of 1009.93 feet; Thence around said curve to the right, long chord bears South 38° 57' 23" West a distance of 48.01 feet, an arc distance of 48.01 feet to a point for corner; Thence South 40° 19' 06" West a distance of 180.32 feet to a point for corner; Thence North 49° 50' 54" West a distance of20.00 feet to a point for corner in the East Boundary Line of Collegiate Drive; Thence North 40° 19' 06" East with said East Boundary Line a distance of 180.32 feet to a point for corner at the beginning of a curve to the left having a radius of989.93 feet; Thence, continuing with said East Boundary Line and around said curve to the left, long chord bears North 39° 07' 40" East a distance of 41.14 feet, an arc distance of 41.14 feet to the place of beginning, and containing 4497.936 square feet of land. EXHIBIT Â.. T I 0 100 200 I I Scale 1" .. 100' s .~...vr~...."",,-- R.. CIIonor""'. 4057 Sol f...e- F"- '2IþnK 1«1unOJ Benc:hnI8Itc EIev.- 584.118' Set 8Od !I8I1n ... Eat side power pole, West side CoIIegIa/8 Or.. " -- I her8br CI8ItIfy .... Ills IRI8ty cIo8s not lie In . lood-prona ..... .. Indicated by Ieder8lIood Inu8nce "- Sally H. UcCay. et... V.1037 P.183 LC.R.P.R. R. BrandOR Ch8nei, P.£. Approved for PiBp8I8IIon of FInII PIal CIIaimw>, PIBMIng & ZonIng CarnmIasIoß ,.. ~* /' / ( / Lot 13 City 81. 259 Env.35O-D LC.P.R. , . Dale ) 3.726 ACRES Zoning PD-b ~ EASEMENT 2 Sally H. MeCoy. 81 aI. V.1031 P.183 LC.R.P.R. .1 ~ :1 :¡ II-- '1 "L I :,l.l.~. - --.J ¡ ¡I I 22 ¡\:/ I J,,-¡ il I I 23 I ~i~1 - I ~: : ø \:/ 24 / ... ¡tr-- - --¡ ¡~¡I I ~ :1 25 I ¡r- - --i 19 I ~ I -J ~ Est. Ph No. 225- LC.P. I i'. , . " 20 j. ~ ! !, ," , " 21 I,; I' ~.' . r ¡ . !. i. , " .' , "'. ë' 1: II) >- ~ : I 1, t. , i i I. L ,I SJ.P., EASEMENT 1 AND EASEMENT 2 EXHlI3IT DRAWING SIGNATURE SENIOR LIVING. L.L.C. ...- Of. CltAN£Y DfCINŒRINC 'NC PlIo 8O:J-7"'-."'" s.ptemlwr 2005 IJI::VI::WPI::R Signalure Senior IJvlng. I.LC 106 Decker Courl Suile 200 1...5 Colinas, Texas Conlacl Sleven Vick (214) 417-240ß 3.728 ACRt'S i t I.. PAGE I .r I