08 Winging It EasementDRAFT
F:ALICEXRESWORK\CURRENT]Shultz (Winging It) Utility 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
TWO UTILITY EASEMENTS ACROSS EASTGATE SUBDIVISION FOR
UTILITY SERVICE TO THE NEW WINGING IT RESTAURANT LOCATED
AT 4820 LAMAR AVENUE; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, the City Engineer has advised the City Council of the need for two utility
easements in order to provide water and sewer service to the newly constructed Winging It
Restaurant located at 4820 Lamar Avenue; and,
WHEREAS, the easement descriptions necessary to provide water and sewer service to
the Winging It Restaurant located at 4820 Lamar Avenue are shown on Exhibit A, attached
hereto; and,
WHEREAS, the City Council finds that the above-described utility easements are
necessary to supply water and sewer service for said construction 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 utility easement situated on Lot 3 of the Eastgate Subdivision from
Housing Associates, Inc. and the utility easement situated on Lot 4 of the Eastgate Subdivision
from Muriel Sims and Russell Young, to be used for water and sewer service to the new
Winging It Restaurant located at 4820 Lamar Avenue, in the forms attached hereto as Exhibit
B, be, and the same are hereby, approved and accepted.
Section 3. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this 6th day of February, 2003.
ATTEST:
Michael J. Pfiester, Mayor
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney
BeorSn~: Sou~ Boundor¥ Une of U.S. Hwy 82 / Lomo~ Ave.
"EXHtBIT A'. lot 1
~ ~ 5' ~o~
o S~b6~V~soo
~ II
~ ~ ~ / os~o%e ~°~e
~ = f~ce 1' = 40' up = utility pole J.M. Ne~ dote
Nelson Surveying Company
920 K M~ ~ P~s, Tex~s 7~
Nelson Surveying Company -
920 North Main Street Paris, Texas 75460
903-785-3551 fax 903-785-3399 e-mail jimni~stargate.lstamet.com
~. M. Nelson, Registered Professional Land Surveyor of 'l'exas, #4025
~522 FJELO_I~LO_T_F~
_S' Utility Easement - Lot 3 - Eastaate Subdivision
Situated within the Corporate Limits of the City of Paris, County of Lamar, and State of Texas, a par
of the Joshua Moore Survey #571, and being a part of lot 3, of Eastgate Subdivision, said Addition being
recorded in Envelope 364-C, Plat Records of said County and State.
Beginning at the Southeast comer of said lot 3 and at the Southwest comer of lot 4 of said Eastgate
Subdivision.
Thence North 0°38,48" West along the East Boundary Line of said lot 3 and along the West Boundary
Line of said lot 4, a distance of 133.04 feet;
Thence South 77°07'47" West along the South Boundary Line of an existing 20 feet Drainage and
Utility Easement as shown on the plat of said Eastgate Subdivision, a distance of 5.115 feet;
Thence South 0°38'48" East partially along a 5 foot building line as shown on the plat of said Eastgate
Subdivision, a distance of 133.04 feet;
Thence North 77°08'41" East along the North Boundary Line of Eastgate Lane a distance of 5.115
feet to the place of beginning and containing 665.18 square feet of land.
~' Utility_ Easement - Lot 4 - Easteate Subdivision
Situated within the Corporate Limits of the City of Pads, County of Lamar, and State of Texas, a part
of the Joshua Moore Survey #571, and being a part of lot 4, of Eastgate Subdivision, said Addition being
recorded in Envelope 364-C, Plat Records of said County and State.
Beginning at the Southwest comer of lot 4 and at the Southeast comer of said lot 3 of said Eastgate
Subdivision.
Thence North 0°38'48" West along the West Boundary Line of said lot 4 and along the East Boundary
Line of said ot 3, a dist.a, nc.e of 133.04 feet;
Thence North 77°0747 East a ong the South Boundary Line of an existing 20 feet Drainage and
Utility Easement as shown on the plat of said Eastgate Subdivision, a distance of 5.115 feet;
Thence South 0°38'48" East partially along a 5 foot building line as shown on the plat of said Eastgate
Subdivision, a distan.c.e .,of ~,,33.04 feet;
Thence South 77 0841 West along the North Boundary Line of Eastgate Lane a distance of 5.115
feet to the place of beginning and containing 665.19 square feet of land.
I, J.M. Nelson, Registered Professional Land Surveyor of Texas, #4025, certify to the City of
de icted and described easements were taken from the Plat of Eastgate
Pads, that the above., p .... ,~h~,Pl~tRe ords of said County and State.
Subdivision, as recordeo in ~-nvelope ~o~-~., ~ ......... c
J.M. Nelson, RPLS of Texas, #4025 date
UTILITY EASEMENT
STATE OF TEXAS }
COUNTY OF LAMAR }
KNOW ALL MEN BY THESE PRESENTS:
That Housing Associates, Inc., a Texas Corporation, acting by and through its duly
authorized President, Daniel AIIgeier, of Dallas 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 it in hand paid by the CITY OF PARIS, Paris, Texas, the
receipt and sufficiency of which is hereby acknowledged, does hereby sell, give and grant
unto the said CITY OF PARIS, a municipal corporation, of Lamar County, Texas, (hereinafter
referred to as Grantee) a perpetual utility 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 Joshua Moore Survey #571, and being
a part of Lot 3, of Eastgate Subdivision, said Addition being recorded in
Envelope 364-C; Plat Records of said County and State, and being more
particularly described as follows:
BEGINNING at the Southeast corner of said Lot 3 and at the Southwest
corner of Lot 4 of said Eastgate Subdivision;
THENCE North 0038'48'' West along the East Boundary Line of said Lot
3 and along the West Boundary Line of said Lot 4, a distance of 133.04 feet;
THENCE South 77007'47'' West along the South boundary Line of an
existing 20 feet Drainage and Utility Easement as shown on the plat of said
Eastgate Subdivision, a distance of 5.115 feet;
THENCE South 0038'48'' East partially along a 5 foot building line as
shown on the plat of said Eastgate Subdivision, a distance of 133.04 feet;
THENCE North 77°08'41'' East along the North Boundary Line of
Eastgate Lane a distance of 5.115 feet to the place of beginning and containing
665.18 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
utility facilities placed or to be placed therein; provided that Grantee will, after doing any work
in connection with the construction, reconstruction, relocation, inspection, or maintenance of
said utilities facilities, restore the surface to the condition in which said surface was found
when such work was undertaken, insofar as permitted under the plans, standards, and
EXHIBIT B
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 itself, its successors and assigns, 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 my hand this __ day of January, 2003.
HOUSING ASSOCIATES, INC.
Daniel AIIgeier, President
STATE OF TEXAS
COUNTY OF }
BEFORE ME, the undersigned authority, on this day personally appeared Daniel
AIIgeier, President of Housing Associates, Inc., 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, and in the capacity therein
stated..
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
2003.
__ day of
Notary Public, State of Texas
Printed name:
Commission Expires:
UTILITY EASEMENT
STATE OF TEXAS }
COUNTY OF LAMAR }
KNOW ALL MEN BY THESE PRESENTS:
That we, Muriel Sims and Russell Young, of Lamar County, Texas, (hereinafter
referred to as Grantors) for and in consideration of the sum of ONE DOLLAR ($1.00) cash,
and other good and valuable consideration, to me in hand paid by the 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,
(hereinafter referred to as Grantee) a perpetual utility 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 Joshua Moore Survey #571, and being
a part of Lot 4, of Eastgate Subdivision, said Addition being recorded in
Envelope 364-C; Plat Records of said County and State, and being more
particularly described as follows:
BEGINNING at the Southwest corner of Lot 4 and at the Southeast
corner of Lot 3 of said Eastgate Subdivision;
THENCE North 0038'48'' West along the West Boundary Line of said Lot
4 and along the East Boundary Line of said Lot 3, a distance of 133.04 feet;
THENCE North 77007'47'' East along the South boundary Line of an
existing 20 foot Drainage and Utility Easement as shown on the plat of said
Eastgate Subdivision, a distance of 5.115 feet;
THENCE South 0038'48'' East partially along a 5 foot building line as
shown on the plat of said Eastgate Subdivision, a distance of 133.04 feet;
THENCE South 77°08'41'' West along the North Boundary Line of
Eastgate Lane a distance of 5.115 feet to the place of beginning and containing
665.19 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
utility facilities placed or to be placed therein; provided that Grantee will, after doing any work
in connection with the construction, reconstruction, relocation, inspection, or maintenance of
said utilities facilities, restore the surface to the condition in 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
provided further, that the Grantors 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.
Grantors do hereby bind themselves, their heirs 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.
Muriel Sims
STATE OF TEXAS
Russell Young
COUNTY OF LAMAR }
BEFORE ME, the undersigned authority, on this day personally appeared Muriel Sims
and Russell Young, known to me to be the persons whose names are subscribed to the
foregoing instrument, and acknowledged to me that she executed the same for the purposes
and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
2003.
__ day of
Notary Public, State of Texas
Printed name:
Commission Expires: