14-D Seeliger EasementDRAFT
F:~Attorney\LisakResolutions\CURRENT\Seeliger Easement Res.wpd
February 27, 2003
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, AUTHORIZING THE APPROVAL AND ACCEPTANCE OF
A PERMANENT UTILITY EASEMENT AND TEMPORARY
CONSTRUCTION EASEMENT ACROSS LOTS 5 AND 7, FINN ADDITION,
FOR THE CONSTRUCTION OF A WATER LINE; 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 a permanent
utility easement and temporary construction easement in order to construct a water line; and,
WHEREAS, the easement description is shown on Exhibit A, attached hereto; and,
WHEREAS, the City Council finds that the above-described utility easement is necessary
to construct a water line 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 permanent utility easement and temporary construction easement
situated on Lots 5 and 7, Finn Addition, from Ronald C. Seeliger and wife, Sherri Seeliger, to
be used for the construction of a water line or other similar utility, 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 6th day of March, 2003.
ATTEST:
Michael J. Pfiester, Mayor
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney
SURVEY # 03-028 CITY OF PARIS TEXAS SHEET 1 OF 3 SHEETS
United States Postal Service
Real Property 879, Page 154
K A U F'~t~ A N S T R E E T
United
States
Postar
Service
.2 .I? Real Property 879, Page 154 Point of beginning i0e~nanent easement ~
§0' I 20' East 22.50'
I ~) 22,5 Foot wide construction easement
~ ~) Permanent water line easement
, ®
Finn Place LOT 7
Subdivision I ~
Plat Sook 1,
Leann Binnion Watson
Lot # 7A Real Property 256, Page 281
Mark L. Sandarson RPLS # 4911
EXHIBIT R,.
SURVEY # 03-028 SHEET 2 OF 3 SHEETS
22.5 FOOT WIDE WATER LINE CONSTRUCTION EASEMENT
Being 0.052 acres of land, a part of the Larkin Rattan Survey, lying and being situated
South of Kaufman Street in Paris Texas. The said 0.052 acre easement being a part of
Lots 5 and 7 of Finn Addition to the City of Paris, Lamar County Texas as recorded Plat
Book 1, Page 42 of the Plat Records of Lamar County, Texas. The said Lots 5 and 7
being a part of the property as described in a Warranty Deed from Glenn A. Smallwood
and wife Mary H. Smallwood to Norman A. Seelinger and wife, Louis H. Seelinger,
dated July 14, 1976 of record in Volume 581, Page 293 of the Deed Records of Lamar
County, Texas. The said 0.052 acre easement being described more particularly by metes
and bounds as follows:
Standing at the Northeast comer of the said Lot 5, a ½" set iron rod at a Southeast comer
of the right-of-way of Kaufman Street and in the Southernmost West line of a tract of
land conveyed to United States Postal Service in Real Property 879, Page 154, Go West
along the North line of Lot 5 and with the South line of Kaufman Street a distance of 7.50
feet to a V2" set iron rod, for the Point of beginning and the Northeast comer of this
easement.
THENCE: South, passing the South line of Lot 5, the same being the North, line of Lot 7
at 83.00 feet and continuing a total distance of 100.00 feet to a point in the South line of
the referenced tract of Deed Records 581, Page 293, and in the North line of the property
as conveyed to Leann Birmion Watson in Real Property 256, Page 281, for the Southeast
comer of this easement.
THENCE: West with the South line of Deed Records 581, Page 293 a distance of 22.50
feet to point, for the Southwest comer of this easement.
THENCE: North passing the North line of Lot 7 at 17 feet and continuing a total
distance of 100.00 feet to a point in the North line of Lot 5, the same being the South
right-of-way of Kaufman Street, for the Northwest comer of this easement.
THENCE: East along the South right-of-way of Kaufman Street a distance of 22.50 feet
to the point of beginning and containing 0.052 acres.
I, Mark 1. Sanderson Registered Professional Land Surveyor # 4911, State of Texas, do
hereby certify the above was taken fro~ measure~m~n, ts made upon the ground on 2-20-
2003 and are true and correct. ~,~/.. 7 /,~//f~;~
Mark L. Sanderson
SURVEY # 03-028 SHEET 3 OF 3 SHEETS
PERMANENT WATER LINE EASEMENT
Being 0.023 acres of land, a part of the Larkin Rattan Survey, lying and being situated
between Kaufman Street and Fifth Street Southeast in Paris Texas. The said 0.023 acre
easement being a part of Lots 5 and 7 of the Finn Addition to the City of Paris, Lamar
County Texas as recorded Plat Book 1, Page 42 of the Plat Records of Lamar County,
Texas. The said Lots 5 and 7 being a part of the property as described in a Warranty Deed
from Glenn A. Smallwood and wife Mary H. Smallwood to Norman A. Seelinger and
wife, Louis H. Seelinger, dated July 14, 1976 of record in Volume 581, Page 293 of the
Deed Records of Lamar County, Texas. The said 0.023 acre easement being described
more particularly by metes and bounds as follows:
Standing at the Northeast comer of the said Lot 5, a 'A" set iron rod at a Southeast comer
of the right-of-way of Kaufman Street and in the Southernmost West line of a tract of
land conveyed to United States Postal Service in Real Property 879, Page 154, for the
Point of beginning and the Northeast comer of this easement.
THENCE: South with the East side of Lot 5 and with the West side of the property as
conveyed to United States Postal Service in Real Property 879, Page 154 and along the
West line of Fifth Street Southeast a distance of 83.00 feet to a Set PK nail, for the inside
Northeast corner of this easement, at the Southeast comer of Lot 5 and in the North line
of Lot 7.
THENCE: East with the North line of Lot 7 and along a South right-of-way of Fifth
Street Southeast a distance of 14.50 feet to a set PK nail, for the Southernmost Northeast
comer of this tract, at the Northeast comer of Lot 7 and at an inside Southwest comer of
the said Fifth Street right-of-way.
THENCE: South along the East line of Lot 7 and with the West right-of-way of Fifth
Street a distance of 17.00 feet to a set PK nail, for the Southeast comer of this easement,
at the Southeast comer of the referenced Seelinger tract and at the Northeast comer of a
tract of land as conveyed to Leann Binnion Watson in Real Property 256, Page 281, for
the Southeast comer of this easement.
THENCE: West with the South line of Deed Records 581, Page 293 a distance of 22.00
feet to ½" set iron rod, for the Southwest comer of this easement.
THENCE: North passing the North line of Lot 7 at 17 feet and continuing a total
distance of 100.00 feet to a point in the North line of Lot 5, the same being the South
right-of-way of Kaufman Street, for the Northwest comer of this easement.
THENCE: East along the South right-of-way of Kaufman Street a distance of 7.50 feet to
the point of beginning and containing 0.023 acres.
I, Mark 1. Sanderson Registered Professional Land Surveyor # 4911, State of Texas, do
hereby certify the above was taken frorp m, easq~ren)~ts inade upon the ground on 2-20-
2003 and are tree and correct.
Mark L. Sanderson
UTILITY EASEMENT
STATE OF TEXAS }
COUNTY OF LAMAR }
KNOW ALL MEN BY THESE PRESENTS:
That we, Ronald C. Seeliger and wife, Sherri Seeliger, Lamar County, Texas, (hereinafter
referred to as Grantor) for and in consideration of the sum ofTEN DOLLARS ($10.00) cash,
and other good and valuable consideration, to us 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, being 0.023 acres of land, a part of the Larkin Rattan
Survey, lying and being situated between Kaufman Street and Fifth Street
Southeast in Paris, Texas. The said 0.023 acre easement being a part of Lots 5
and 7 of the Finn Addition to the City of Paris, Lamar County, Texas as recorded
in Plat Book 1, Page 42 of the Plat Records of Lamar County, Texas. The said
Lots 5 and 7 being a part of the property as described in a Warranty Deed from
Glenn A. Smallwood and wife Mary H. Smallwood to Norman A Seeliger and
wife, Louis H. Seeliger, dated July 14, 1976 of record in Volume 581, Page 293
of the Deed Records of Lamar County, Texas, being more particularly described
by metes and bounds as follows:
Standing at the Northeast corner of the said Lot 5, a ½" set iron rod at a
Southeast corner of the right-of-way of Kaufman Street and in the Southernmost
West line of a tract of land conveyed to United States Postal Service in Real
Property 879, Page 154, for the Point of beginning and the Northeast corner of
this easement;
THENCE South with the East side of Lot 5 and with the West side of the
property as conveyed to United States Postal Service in Real Property 879, Page
154 and along the West line of Fifth Street Southeast a distance of 83.00 feet to
a Set PK nail, for the inside Northeast corner of this easement, at the Southeast
corner of Lot 5 and in the North line of Lot 7;
THENCE East with the North line of Lot 7 and along a South right-of-
way of Fifth Street Southeast a distance of 14.50 feet to a set PK nail, for the
Southernmost Northeast corner of this tract, at the Northeast corner of Lot 7 and
at an inside Southwest corner of the said Fifth Street right-of-way;
THENCE South along the East line of Lot 7 and with the West right-of-
way of Fifth Street a distance of 17.00 feet to a set PK nail, for the Southeast
corner of this easement, at the Southeast corner of the referenced Seeliger tract
and at the Northeast corner of a tract of land as conveyed to Leann Binnion
Watson in Real Property 256, Page 281, for the Southeast corner of this easement;
THENCE West with the South line of Deed Records 581, Page 293 a
distance of 22.00 feet to ½" set iron rod, for the Southwest corner of this
easement;
EXHIBIT B
THENCE North passing the North line of Lot 7 at 17 feet and continuing
a total distance of 100.00 feet to a point in the North line of Lot 5, the same being
the South right-of-way of Kaufman Street, for the Northwest corner of this
easement;
THENCE East along the South right-of-way of Kaufman Street a distance
of 7.50 feet to the point of beginning and containing 0.023 acres.
and further give and grant a temporary construction easement described as follows:
BEING a strip of land twenty-two and one-half22.5 feet in width situated
within the corporate limits of the City of Paris, County of Lamar and State of
Texas, being 0.052 acres of land, a part of the Larkin Rattan Survey, lying and
being situated South of Kaufman Street. The said 0.052 acre easement being a
part of Lots 5 and 7 of Finn Addition to the City of Paris, Lamar County, Texas
as recorded Plat Book 1, Page 42 of the Plat Records of Lamar County, Texas.
The said Lots 5 and 7 being a part of the property as described in a Warranty
Deed from Glenn A. Smallwood and wife Mary H. Smallwood to Norman A.
Seeliger and wife, Lois H. Seeliger, dated July 14, 1976 of record in Volume 581,
Page 293 of the Deed Records of Lamar County, Texas, being more particularly
described in metes and bounds as follows:
Standing at the Northeast corner of the said Lot 5, a lA" set iron rod at a
Southeast corner of the right-of-way of Kaufman Street and in the Southernmost
West line of a tract of land conveyed to United States Postal Service in Real
Property 879, Page 154, Go West along the North line of Lot 5 and with the
South line of Kaufman Street a distance of 7.50 feet to a lA" set iron rod, for the
Point of beginning and the Northeast corner of this easement;
THENCE South, passing the South line of Lot 5, the same being the North
line of Lot 7 at 83.00 feet and continuing a total distance of 100.00 feet to a point
in the South line of the referenced tract of Deed Records 581, Page 293, and in
the North line of the property as conveyed to Leann Binnion Watson in Real
Property 256, Page 281, for the Southeast corner of this easement;
THENCE West with the South line of Deed Records 581, Page 293 a
distance of 22.50 feet to a point for the Southwest corner of this easement;
THENCE North passing the North line of Lot 7 at 17 feet and continuing
a total distance of 100.00 feet to a point in the North line of Lot 5, the same being
the South right-of-way of Kaufman Street, for the Northwest corner of this
easement;
THENCE East along the South right-of-way of Kaufman Street a distance
of 22.50 feet to the point of beginning and containing 0.052 acres.
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 utilities
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 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.
Grantors do hereby bind themselves, their 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 March, 2003.
Ronald C. Seeliger
STATE OF TEXAS }
COUNTY OF LAMAR }
BEFORE ME, the undersigned
Sherri, Seeliger
authority, on this day personally appeared Ronald
Seeliger and Sherri Seeliger, known to me to be the persons whose names are subscribed to the
foregoing instrument, and acknowledged to me that they executed the same for the purposes and
consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
__ day of March, 2003.
Notary Public, State of Texas