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17-G - Southeast Water Line EsmDRAFT ATTORNEY\LISA\RESOLUTIONS\CURRENT\SE Water Line Easement Procurement June 7, 2001 RESOLUTION NO. _______________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AUTHORIZING THE PROCUREMENT OF EASEMENTS FOR THE SOUTHEAST WA TER LINE REPLACEMENT PROJECT NO. 18- 0340-83 -50; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Paris has undertaken a project of construction entitled Southeast Water Line Replacement Project No. 18-0340-83-50 in accordance with plans and specifications prepared by Frank Davis, Acting City Engineer of the City of Paris; and, WHEREAS, the easement descriptions necessary for the completion of said water line replacement project are shown on Exhibit A, attached hereto; and, WHEREAS, the City Council finds that the above-described utility easements are necessary NOW, THEREFORE, for said improvement project and that the same should be condemned; BE IT RESOLVED BY THE CITY COUNCIL OF THE CIT Y 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 Attorney, Larry W. Schenk and the Director of Public Works, Terry Townsend, be, and they are hereby, authorized and directed to proceed to acquire by eminent domain or otherwise the properties described on Exhibit A, attached hereto, to be used for the Southeast Water Line Replacement Project No. 18-0340-83-50. Section 3. That this resolution shall be effective from and after the date of passage. PASSED AND APPROVED this 11th day of June, 2001. ____________________________________ Michael J. Pfiester, Mayor ATTEST: ____________________________________ Mattie Cunningham, City Clerk APPROVED AS TO FORM: ____________________________________ Larry W. Schenk, City Attorney UTILITY & DRAINAGE EASEMENT SOUTHEAST WATERLINE REPLACEMENT Gibson/Maberry Property SITUATED within the corporate limits of the City of Paris, County of Lamar and State of Texas, a part of the Joseph Leach Survey No. 524, and being a part of a tract of land described in deed to W. G. Gibson and wife, Mattie Beulah Gibson, recorded in Volume 283, Page 459, Deed Records of Lamar County, Texas, and being more particularly described as follows: BEGINNING on the south side of Clarksville Street, the south right-of-way of U.S. Hwy 271, the north boundary line of said Gibson tract; THENCE South to a point in the north right-of-way of the aban doned Texas and Pacific Railroad; THENCE crossing said railro ad proceeding approximately S 22° E along and west of an existing fence line to a point on the north side of a road and utility easement granted said City of Paris by deed recorded in Volume 138, Page 196 of the Real Property Records of Lamar County, Texas; THENCE along said road easement and south of an existing fence, proceeding approximately S 67° E, to a point in the west right-of-way of Loop Hwy 286, the east boundary line of said Gibson tract; THENCE South, with the west boundary line of said Loop Hwy 286, to a point abutting a utility easement granted said City of Paris, of record in Volume 690, Page 325 of the Real Property Records of Lamar County, Texas, and further give and grant a temporary construction easement described as follows: BEING a strip of land thirty (30) feet in width situated within the corporate limits of the City of Paris, County of Lamar and State of Texas, a part of the Joseph Leach Survey No. 524, and being a part of a tract of land described in deed to W. G. Gibson and wife, Mattie Beulah Gibson, recorded in Volume 283, Page 459, Deed Records of Lamar County, Texas, said thirty (30) foot temporary easement being thirty (30) feet west of the west boundary line of said permanent easement. EXHIBIT A A-1 UTILITY & DRAINAGE EASEMENT SOUTHEAST WATERLINE REPLACEMENT Donald R. Howell Property 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, being a part of a 50 acre tract of land described in a Deed to Elizabeth Harris Smith, recorded in Volume 422, Page 238 of the Lamar County Deed Records, and being a part of Lot 4-A, City Block 346, described as Tract One in deed from Rebecca Lynn Howell to Donald R. Howell dated December 1, 1988, recorded in Volume 62, Page 54, Real Property Records , Lamar County, Texas, and being more particularly described as follows: BEGINNING at an iron pipe set for a corner, being the northwest corner of Lot 4-A, City Block 346, in the east boundary line of the S.E. Loop 286 right-of-way line; THENCE S 0°45' W along said S.E. Loop 286 right-of-way boundary line a distance of 348.1 feet to an iron pipe set for corner; THENCE S 68° 44' E a distance of 20 feet to a point for corner; THENCE N 0°45' E parallel with said S.E. Loop 286 right-of-way boundary line a distance of approximately 348.1 feet to a point for corner in the north boundary line of said Lot 4-A; THENCE N 68° 44' W a distance of 20 feet to the place of beginning and containing approximately 6,962 square feet, more or less, and further give and grant a temporary construction easement described as follows: BEING a strip of land thirty (30) feet in width 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, being a part of a 50 acre tract of land described in a Deed to Elizabeth Harris Smith, recorded in Volume 422, Page 238 of the Lamar County Deed Records, and being a part of Lot 4-A, City Block 346, described as Tract One in deed from Rebecca Lynn Howell to Donald R. Howell dated December 1, 1988, recorded in Volume 62, Page 54, Real Property Records, Lamar County, Texas, said thirty (30) foot temporary easement being thirty (30) feet east of the east boundary line of said permanent easement. A - 2 UTILITY & DRAINAGE EASEMENT SOUTHEAST WATERLINE REPLACEMENT Theodore L. McLemore Property 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, and being a part Lots 1, 2 and 3, City Block 346, described in a Deed to Theodore L. McLemore and wife, Linda M. McLemore, from Tom Cobb, Jr. and Joe P. Cobb, recorded in Volume 195, Page 290 of the Real Property Rec ords of Lamar County, Texas, and being a part of a 31.06 acre tract of land describe d in deed from Paris and Mt. Pleasant Railroad Company to Texas Power & Light Company recorded in Volume 505, Page 487, Lamar County Deed Records, being in City Block 346, and described in deed from Texas Utilities Electric Company to Joe Cobb and Tom Cobb, Jr., recorded in Volume 682, Page 265, Deed Records, Lamar County, Texas, and being more particularly described as follows: BEGINNING at a concrete marker (f) for corner at the northwest corner of said 31.06 acre tract, said point being the southwest corner of a 1.634 acre tract; THENCE South 68 Deg. 16 Min. East along the north boundary line of said 31.06 acre tract a distance of 20 feet to a point for corner; THENCE South 5 Deg. 01 Min. East a distance of 275.5 feet to a point; THENCE South 12 Deg. 54 Min. East a distance of 324.5 feet to a point; THENCE South 1 Deg. 15 Min. East a distance of 98.2 feet to a point; THENCE South 6 Deg. 43 Min. East a distance of 201.1 feet to a point; THENCE South 0 Deg. 57 Min. East a distance of 665.4 feet to a point for co rner in the south boundary line of said 73.43 acre tract; THENCE along said south boundary line a distance of 20 feet to a point for corner, being the southwest corner of said 73.43 acre tract; THENCE along the east boundary line of Farm Road 905 and 41st Street S.E. as follows: North 0 Deg. 67 Min. East a distance of 665.4 feet to a concrete marker (f); North 6 Deg. 43 Min. East a distance of 201.1 feet to a concrete marker (f); North 1 Deg. 15 Min. East a distance of 98.2 feet to a concrete marker (f) for corner; THENCE along the east boundary line of Loop Hwy 286 as follows: North 12 Deg. 54 Min. East a distance of 324.5 feet to a concrete marker (f); North 5 Deg. 01 Min. East a distance of 275.5 feet to the place of beginning and containing approximately 31,294 square feet of land, and further five and grant a temporary construction easement described as follows: BEING a strip of land thirty (30) feet in width 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, and being a part Lots 1 and 2, City Block 346, described in a Deed to Theodore L. McLemore and wife, Linda M. McLemore, from Tom Cobb, Jr. and Joe P. Cobb, recorded in Volume 195, Page 29 of the Real Property Records of Lamar County, Texas, being a part of a 31.06 acre tract of land described in deed from Paris and Mt. Pleasant Railroad Company to Texas Power & Light Company recor ded in Volume 505, Page 487, Lamar County Deed Records, being in City Block 346, and described in deed from Texas Utilities Electric Company to Joe Cobb and Tom Cobb, Jr., recorded in Volume 682, Page 265, Deed Records, Lamar County, Texas , said thirty (30) foot temporary easement being thirty (30) feet east of the east boundary line of said permanent easement. A-3