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1745 RES CITY COUNCIL DESIRES TO GRANT EASEMENT TO JOEL W GIBBONS III AND WIFERESOLUTION NO. 1745 WHEREAS, the City Council of the City of Paris desires to grant an easement to Joel W. Gibbons, III and wife, Judith M. Gibbons, the property owners of the property immediately adjacent to the South Boundary Line of the Maxey Museum Property, which grant is based upon historical joint useage of said easement; and, WHEREAS, said easement should be upon the terms and con- ditions and in the form attached hereto as Exhibit A; NOW, THERE- FORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the Mayor of the City of Paris, James M. Brunette, be, and he is hereby authorized and directed to execute on behalf of the City of Paris, the easement to Joel W. Gibbons, III and wife, Judith M. G.ibbons, upon the terms and conditions and in the form attached hereto as Exhibit A. Passed and adopted this 8th day of March, 1976. W 1 es M. runett , Mayor ATTEST: H. C. Gre ne, City Clerk APP OVED FORM: T. K. ~ aynes, ity ttorney EASEMENT STATE OF TEXAS ~ COUNTY OF LAMAR ~ KNOW ALL MEN BY TfiESE PRESENTS: THAT the CITY OF PARIS, Lamar County, Texas, acting by and through its Mayor, hereunto duly authorized by a resolution duly adopted by the City Council of the City of Paris (hereinafter called "Grantor"), for and in consideration of the sum of ONE DOLLAR and other good and valuable consideration in hand paid by JOEL W. GIBBONS, III and wife, JUDITH M. GIBBONS (hereinafter called "Grantee"), the receipt and sufficiency of which is hereby acknow- ledged, has GRANTED and CONVEYED and does by these presents GRANT and CONVEY unto said Grantee, their heirs and assigns, the liberty, privilege and easement of passing in, upon and across that portion of that certain tract of land known as the Maxey House property as shown on the plat marked "Exhibit A" attached hereto and made a part hereof for all purposes for use as an access road. This passageway and easement is granted subject, however, to the following terms and conditions: 1. It is agreed said passageway and easement shall be used by Grantee, their heirs and assigns, only for private purposes and not for commercial purposes. 2. Said Grantee, their hei.rs and assigns shall bear all maintenance costs on that portion of said passageway and easement from the boundary of Grantee's property to the intersection of the parking entrance road. 3. Said passageway and easement may be relocated at a mutually agreeable location provided such location does not interfere with the use of the Maxey House property as a historic site. EXHIBIT A The Grantee, by the acceptance of this easement, agrees to all of the above terms and conditions and violation of any of said terms and conditions by Grantee, their heirs or assigns, shall sub- ject this easement to forfeiture at the option of the Grantor, its successors or assigns. TO HAVE AND TO HOLD said passageway and easement, subject to the foregaing terms and conditions hereof, unto Grantee an d their assigns forever. WITNESS its hand this 8th day of March, 1976. CITY UF PARIS, PARIS, T'EXAS By: James M. Brunette, Mayor ATTEST: . . Greene, ity er APPROVED AS TO FORM: T. K. Haynes, City ttorney STATE OF TEXAS 0 COUNTY OF LAMAR 0 BEFORE ME, the undersigned authority, on this day persona.lly appeared JAMES M. BRUNETTE, Mayor of the City of Paris, lmown to me to be the person whose name is subscribed to the foregoing instru- ment, and acknowledged to me that he executed the same for the pur- poses and consideration therein expressed, and in the capacity therein stated. GNEN UNDER MY HAND AND SEAL OF OFFICE, this day of March, 1976. Notary Pub ic, Lamar County, Texas RXFTTRIT A t , - ~ ~ . I ~~'~?O~0~~7 V~N(GLLA ~~p~~ ~ • ~.rnrr o~ P i u -nA~t,tT • ~ . . . ~ JOEL GIBBONS ~ PROPERTY ' ~ L~t~t ~LLhhSi(~`~ Ha.1~ ~ ' F'rorn~t-+:~ aTr~rx~/tac!~t~t.~-tT""~"~ c _ z 0 3 ' Z ~ ~ 11 L1 4 .a T ~ • ~ , ~ _ S. G•1-tLJKGH 'STl~t$T- ~ proposed site developrnent :3am Beii Maxey F-iouse .