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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