07-V Esmt. Main St. Town Homes MEMORANDUM
TO: Larry W. Schenk, City Attomey
FROM: Shawn Napier, P.~
City Engineer t~l~
DATE: January 9, 2003
SUBJECT: Main Street Town Homes Drainage Easement
The Main Street Town Homes property was constructed over a previously low-lying area. Water
pooled in several areas around the site. All of the apartment buildings where elevated and the
parking areas graded to drain into storm sewers or off-site areas. The area in question involves
Lowry Chevrolet, there is one point where the water drains off-site from the Main Street Town
Homes property. Because the water drains at one point an off-site easement is required across
the Lowry property. Storm water will be conveyed through a concrete flume to North Main
Street. The contractor at the property owners expense will construct a 400-foot low flow channel
if the easement is approved. Both property owners have approved the easement. Please see the
attached letter.
DRAFT
F:ALICEkRESWORK\CURRENT]Lowry Drainage Easement Res
January 3, 2003
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, AUTHORIZING THE APPROVAL AND ACCEPTANCE OF
A DRAINAGE EASEMENT FROM N. MAIN STREET TO THE MAIN
STREET TOWN HOMES DEVELOPMENT PROJECT; MAKING OTHER
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, the engineering firm Tanner Consulting, L.L.C. has undertaken a project
of construction entitled Main Street Town Homes Development Project and, in accordance with
plans and specifications for this project, a drainage easement is needed across a portion of
property owned by J. B. Lowry; and,
WHEREAS, the easement description necessary for the completion of said Main Street
Town Homes Development Project is shown on Exhibit A, attached hereto; and,
WHEREAS, the City Council finds that the above-described drainage easement is
necessary for said development project and that the same should be accepted; 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 Drainage Easement from J. B. Lowry to the City of Paris, to be used
for the Main Street Town Homes Development Project, in the form attached hereto as Exhibit
B, be, and the same is hereby, approved and accepted.
Section 3. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this 13th day of January, 2003.
ATTEST:
Michael J. Pfiester, Mayor
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney
Oct-07-02 07: ZgA P.03
Pmpen'y Descfip![on
Drainage Easement
Situated within the Corporate Limits of the City of Paris, Lamar County, Texas, a pan of
the Reddin Russell Survey, Abstract 786, also being a part ora tract of land conveyed to
J, B. Lowry by deed recorded in Volume 652, Page 228, of the Lamar County Deed
Records, and being further described as follows:
Beginning at a point located Noah 01° 48' 36" West a distance of 18.71 feet from
the Southwest comer of said Lowry tract, said point also being in the East Line of Lot t I,
City Block 25 i, as shown by plat recorded in Envelope 296-B of the Lamar County Plat
Records;
Thence North 01° 48' 36" West with the West Line of said Lowry tract and East
Line of said Lot i I a distance of I0.16 feet to a point for comer,
Thence South 81 ° 39' 19" East a distance of 92.13 feet to a point for corner;
Thence South 87° 55' 43" East a distance of 199,52 feet to a point for corner;
Thence North g7° 29' 51" East a distance of 124 80 feet to a point for corner;
Thence South 02 30 09 East a distance oFlO.00 feet to a point for corner;
Thence South 87° 29' 51" West a distance of 125.20 feet to a point for corner;
Thence North'87° 55' 43" West a distance of 200.47 feet to a point for corner;
Thence North 81° 39' 19" West a distance of 90.89 feet to the place of beginning,
and containing 4165.08 square feet of land.
R. Bcandon Chancy, Registered Professional Lnnd Surveyor No. 4057, State of Texas,
EXHIBITJL
O~t-07- 02 07 .' 29A P.O¢
VOL 652. PG. 22B
LC.D.R.
g. ~0~
RUTH DE~IS
VO~ 1~1. PG. 146
ScaJe: ' ~" 100'
p.O.B.=poinl of Beginning
lc)
DRAINAGE EASEMENT
STATE OF TEXAS }
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR }
That I, J. B. Lowry, of Lamar County, Texas, (hereinafter referred to as Grantor) for and
in consideration of the sum of ONE DOLLAR ($1.00) cash, and other good and valuable
consideration, to us in hand paid by CITY OF PARIS, Paris, Texas, the receipt and sufficiency
of which is hereby acknowledged, do hereby sell, give, and grant unto the said CITY OF
PARIS, a municipal corporation, of Lamar County, Texas, whose mailing address is P. O. Box
9037, Paris, TX 75461-9037, (hereinafter referred to as Grantee) a perpetual drainage
easement described as follows:
SITUATED within the corporate limits of the City of Paris, County of
Lamar and State of Texas, a part of the Reddin Russell Survey, Abstract 786,
also being a part of a tract of land conveyed to J. B. Lowry by deed recorded
in Volume 652, Page 228 of the Lamar County Deed Records and being more
particularly described as follows:
BEGINNING at a point located North 01 ° 48' 36" West a distance of
18.71 feet from the Southwest corner of said Lowry tract, said point also being
in the East boundary line of Lot 11, City Block 251, as shown by plat recorded
in Envelope 296-B of the Lamar County Plat Records;
THENCE North 01 ° 48' 36" West with the West boundary line of said
Lowry tract and East boundary line of said Lot 11 a distance of 10.16 feet to a
point for corner;
THENCE South 81 ° 39' 19" East a distance of 92.13 feet to a point for
corner;
THENCE South 87° 55' 43" East a distance of 199.52 feet to a point for
corner;
THENCE North 87° 29' 51" East a distance of 124.80 feet to a point for
corner;
THENCE South 02° 30' 09" East a distance of 10.00 feet to a point for
corner;
THENCE South 87° 29' 51" West a distance of 125.20 feet to a point for
corner;
THENCE North 87° 55' 43" West a distance of 200.47 feet to a point
for corner;
THENCE North 81° 39' 19" West a distance of 90.89 feet to the place
of beginning and containing 4165.08 square feet of land.
TO HAVE AND TO HOLD the above property unto the CITY OF PARIS 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
EXHIBIT
drainage facilities placed or to be placed therein, together with the right of ingress and egress
over Grantor's adjacent lands for the purpose for which the above-intentioned rights are
granted; provided that Grantee will, after doing any work in connection with the construction,
reconstruction, relocating or maintenance of said drainage facilities, restore the surface to the
condition to 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.
Grantor does hereby bind himself, his heirs, executors and administrators, to warrant and
forever defend, all and singular, said premises unto the CITY OF PARIS against every person
whomsoever lawfully claiming or to claim the same or any part thereof.
WITNESS our hands this __ day of January, 2003.
J. B. Lowry
STATE OF TEXAS
COUNTY OF LAMAR }
BEFORE ME, the undersigned authority, on this day personally appeared J. B. Lowry,
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 January, 2003.
Notary Public, State of Texas
RETURN TO: City Attorney, City of Paris
P. O. Box 9037
Paris, TX 75461-9037