06-E-TXU Easement - DepotDRAFT
ALICEhO. ESWORK\CURRENT\TXU Easement-ROW Res
March 19, 2001
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, AUTHORIZING THE EXECUTION OF AN EASEMENT
AND RIGHT-OF-WAY TO TXU ELECTRIC COMPANY FOR IMPROVED
ELECTRIC SERVICE AT THE HISTORIC PARIS-SANTA FE-FRISCO
RAILROAD DEPOT BUILDING; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, the City of Paris, in conjunction with the Lamar County Chamber of Commerce,
and through the auspices of a grant from the Texas Department of Transportation (TxDot), has
actively participated in a project to rehabilitate the historic Paris-Santa Fe-Frisco Railroad Depot
building within the City of Paris; and,
WHEREAS, TXU Electric Company has identified the need for additional electrical lines to
provide adequate electric service to the historic depot building following the rehabilitation of said
building; and,
WHEREAS, TXU Electric has identified a route necessary to install additional electric
service lines incident to providing enhanced electric service to the depot building; and,
WHEREAS, said additional electric service will be installed in overhead easements; and,
WHEREAS, the route designated by TXU Electric Company to provide said additional
electric service to the depot will require easements located on property adjacent to the City of Paris
Police and Courts Building located at 811 Bonham Street in the city limits of the city of Paris; and,
WHEREAS, in order to successfully complete the improvement of electric services at the
depot building, TXU has requested an easement and right-of-way from the City across the property
owned by the City of Paris adjacent to the Police and Courts Building; and,
WHEREAS, the description of the easement right-of-way necessary for the completion of
said electric service installation is shown on Exhibit A, attached hereto; and,
WHEREAS, the City Council finds that granting the necessary utility easement and right-of-
way to TXU Electric Company for the enhancement of electric service to the historic depot building
is a necessary public purpose and provides benefits to the City of Paris by enabling the completion
of the rehabilitation of the historic depot structure, and the granting of said easement and right-of-way
is in the public interest and necessary for the public health, safety, and welfare; 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 form of the Easement and Right-of-Way from the City of Paris to TXU
Electric Company, attached hereto as Exhibit A, is hereby approved.
Section 3. That the Mayor be, and he is hereby, authorized and directed to execute, on behalf
of the City of Paris, the Easement and Right-of-Way, under the terms and conditions and in the form
shown in Exhibit A, attached hereto.
Section 4. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this 26th day of March, 2001.
ATTEST:
Michael J. Pfiester, Mayor
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney
50.3000
EASEMENT AND RIGHT OF WAY
District: Paris
WR: 1231057
ER-
THE STATE OF TEXAS
COUNTY OF LAMAR
KNOW ALL MEN BY THESE PRESENTS:
That the City of Paris, Lamar County, Texas, hereinafter called I'G rantor," whether
one or more, for and in consideration of Ten Dollars ($10.00) and other valuable
consideration to Grantor in hand paid by TXU ELECTRIC COMPANY, a Texas corporation,
1601 Bryan Street, Dallas, Texas 75201-3411, hereinafter referred to as "Grantee", has
granted, sold and conveyed and by these presents does grant, sell and convey unto said
Grantee, its successors and assigns, an easement and right-of-way for overhead electric
supply and communications lines, consisting of a variable number of wires and cables,
supporting structures, and all necessary or desirable appurtenances over, across and upon
Grantor's land described as follows:
SEE EXHIBIT "A" (ATTACHED)
Grantor recognizes that the general course of said lines, or the metes and bounds
as above described, is based on preliminary surveys only, and Grantor hereby agrees that
the easement and right-of-way and its general dimensions hereby granted shall apply to
the actual location of said lines when constructed.
Together with the right of ingress and egress along and upon said easement and
right-of-way and over and across Grantor's adjoining properties for the purpose of and with
the right to construct, maintain, operate, remove and reconstruct said lines; the right to
relocate along the same general direction of said lines; the right to relocate said lines in the
same relative position to any adjacent road if and as such road is widened in the future;
the right to lease wire space for the purpose of permitting others to string or lay wire or
cable along said lines; the right to prevent excavation within the easement area or for a
distance of 7.5 feet on each side of the actual center of said lines; the right to prevent
construction of, within the easement area or for a distance of 7.5 feet on each side of the
actual center of said lines, any and all buildings, structures or other obstructions which, in
the sole judgment of Grantee, may endanger or interfere with the efficiency, safety, and/or
convenient operation of said lines and their appurtenances and the right to trim or remove
trees or shrubbery within, but not limited to, said 15 foot space, to the extent in the sole
judgment of Grantee, as may be necessary to prevent possible interference with the
operation of said lines or to remove possible hazard thereto. Grantor shall not make
changes in grade, elevation or contour of the land within the easement area as described
above without prior written consent of Grantee.
Grantor reserves the right to use the land within the above described easement
area for purposes not inconsistent with Grantee's use of such property, provided such use
shall not, in the sole judgement of Grantee, interfere with the exercise by Grantee of the
KXH[B[T A
rights hereby granted.
TO HAVE AND TO HOLD the above described easement and rights unto the said
Grantee, its successors and assigns, until all of said lines shall be abandoned, and in that
event said easement and right-of-way shall cease and all rights herein granted shall
terminate and revert to Grantor or Grantor's heirs, successors or assigns.
And I do hereby bind myself, my heirs and legal representatives, to warrant and
forever defend all and singular the above described easement and rights unto the said
Grantee, its successors and assigns, against every person whomsoever lawfully claiming
or to claim the same or any part thereof.
EXECUTED this
day of .,2001.
City of Paris
By: Michael Pfiester, Mayor City of Paris
STATE OF TEXAS
COUNTY OF FANNIN
BEFORE ME, the undersigned authority, on this day personally appeared Michael
Pfiester 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
, A.D. 2000.
day of
Notary Public in and for the State of Texas
My Commission Expires:
(Print Name of Notary Public Here)
-2-
"EXHIBIT A"
Grantor's Signature
City of Paris, By Michael Pfiester, Mayor City of Paris
The intent of this "EXHIBIT" is to pictorially show the approximate location of the easement. It
is not intended as an actual survey. Calls shown are references only. No statement is made to
the validity of these calls.
Grantor: City of Paris
Volume: 535 Pg. 409 & Volume 541 Pg. 568
District: Paris
County: Lamar
Survey: Asa Jarman Headright
WR No: 1231057