06-O Elevated Storage EsmtDRAFT
F:~Attorney~ALICEkRESWORK\CURRENTk24 Inch Waterline Easement Res.wpd
April 11, 2003
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, AUTHORIZING THE APPROVAL AND ACCEPTANCE OF
PERMANENT UTILITY EASEMENTS AND TEMPORARY
CONSTRUCTION EASEMENTS FOR THE CONSTRUCTION OF THE 24
INCH WATER LINE ASSOCIATED WITH THE NEW ELEVATED WATER
STORAGE TANK; 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 permanent
utility easements and temporary construction easements in order to construct water lines; and,
WHEREAS, the easement descriptions are shown on Exhibit A, attached hereto; and,
WHEREAS, the City Council finds that the above-described utility easements are
necessary for the construction of the water lines associated with the new elevated water storage
tank, 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 easements and temporary construction easements
for the construction of water lines associated with the new elevated water storage tank,
substantially in the form 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 14th day of April, 2003.
ATTEST:
Michael J. Pfiester, Mayor
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney
FIELD NOTE DESCRIPTION
FOR
WATER LINE EASEMENT
TWO G'S
LOT 16, CITY BLOCK 201
CITY OF PARIS
LAMAR COUNTY, TEXAS
All that certain lot, tract or parcel of land for a permanent water line easement generally
20.00 feet in width situated in the Asa Jarman Survey, Abstract 479, Lamar County, Texas,
and being a part of Lot 16, City Block 201 described in a deed from BIENCO, Inc., a Texas
general partnership, to TWO G's, a Texas general partnership, recorded in Volume 107,
Page 212 of the Deed Records of Lamar County, Texas, being more particularly described
by metes and bounds as follows:
BEGINNING at a point for the Northwest corner of Lot 16, same corner also being the
Northeast corner of Lot 15, City Block 201 described in a deed to Larry D. Hunt, recorded
in Volume 1086, Page 059, Tract Two, of the Deed Records of Lamar County, Texas, said
corner also being on the south right-of-way line of Maple Avenue;
THENCE East, with the north property line of Lot 16, same being also the south right-of-
way line of Maple Avenue, a distance of 20.00 feet to a point for the northeast corner of the
20' Water Line Easement;
THENCE South, leaving the north property line of Lot 16 and said south right-of-way line of
Maple Avenue, a distance of 324.04 feet to a point for the southeast corner of said 20'
Water Line Easement, said corner being in the south property line of Lot 16, same corner
being also in the north right-of-way line of U.S. Highway 82, Bonham Street;
THENCE West, with the south property line of Lot 16 and said north right-of-way line of
U.S. Highway 82, a distance of 20.00 feet to point for the southwest corner of Lot 16, the
same being also the southeast corner of Lot 15A, Block 201 described in a deed to Larry
D. Hunt, recorded in volume 1086, Page 059, Tract One, of the Deed Records of Lamar
County, Texas;
THENCE North, with the west property line of Lot 16 and the said east property lines of Lot
15 and Lot 15A, a distance of 324.04 feet to the POINT OF BEGINNING and containing
6,480.80 square feet or 0.1488 of an acre of land.
I hereby certify that the above description was prepared from an actual survey made on
the ground under my direction and supervision during the months of June 2002 and
February 2003. GIVEN UNDER MY HAND AND SEAL this date, 18 February 2003.
Billy Frank Davis, Jr.
Registered Professional Land Surveyor ,~
Texas Registration No. 4671 EXHIBIT
Alice Pinalto
From: Shawn Napier
Sent: Wednesday, March 05, 2003 9:48 AM
To: Alice Pinalto
Subject: 24" Water line easements
Frank Davis's telephone # (903) 58~.-7844
The t~vo Gary's are
Gary Nash
Gary Callaway
All they want in return for the easement is a pledge fi.om the city that we will remove any trees that die near the excavation area, The time
period they would like is 3 years.
Shawn Napier, P.E.
Oity Engineer
ASA JARMAN SURVEY
ABSTRACT Nn, 479 CITY CITY
DLOCK BLOCK
196 197
MAPLE AVE,
c I LOT i6 ,
CITY m ~o z ~ ~ CITY
BLOCK ~m~ ~ ~ ~ h BLOCK
LOT LOT 17
(BDNHAM STREET)
LINE EASEMENT CONSTRUCTION
LINE BEARING DISTANCE
L1 EAST EO.O0'
L~ SBUTH
L3 ~EST 20,00'
L ~ILLY FRANK DAVIS, JR., REGISTERED PROFESSIONAL
L4 NORTH 3~4.04' LAND SURVEYOR, DO HEREDY CERTIFY THAT THI~ DO~DARY
~vR PROJECT N~. eooel4o ST~TZ
SCALE, l': mO' ~0' ~ATER LINE EASEMENT
DATE, FEDRUARY 17, eOO2 TVO
m~mmmm~ucH[~ wire Ulg ~ ~TLIFF 24' RCCP ~ATER TRANSHISSIDN LINE
IIlllIL
FIELD NOTE DESCRIPTION
FOR
WATER LINE EASEMENT
SARA LEE BAKERY GROUP
LOTS 3A, 4, 5 and 6, CITY BLOCK 298
CITY OF PARIS
LAMAR COUNTY, TEXAS
All that certain lot, tract or pamel of land for a permanent water line easement generally
20.00 feet in width situated in the Reddin Russell Survey, Abstract 786, Lamar County,
Texas, and being a certain called 90.62 acre tract of land, being a part of Lots 3A, 4, 5
and 6, City Block 298, described in a deed from the Paris, Texas Industrial Foundation,
Inc., to Merico, Inc., recorded in Volume 548, Page 464, of the Deed Records of Lamar
County, Texas, being more particularly described by metes and bounds as follows:
COMMENCING at a 1/2" iron rod found for the southeast corner of said 90.62 acre
Merico, Inc. tract, being in the north right-of-way line of Center Street and being in the
west property line of a called 22.73 acre tract of land described in a deed to Paris
Packaging, Inc., recorded in Volume 793, Page 249, Tract One, of the Deed Records of
Lamar County, Texas
THENCE North, along the east property line of said 90.62 acre tract, and the west
property line of said 22.73 acre Paris Packaging, Inc., Tract One, a distance of 754.47
feet to a point for the northerly southeast corner of said water line easement, said point
being the POINT OF BEGINNING;
THENCE following the south and east lines of said water line easement, the following
calls:
South 84° 24' 51" West, a distance of 778.43 feet to a point for corner;
South 46° 26' 02" West, a distance of 48.04 feet to a point for corner;
North 43° 33' 58" West, a distance of 14.61 feet to a point for corner;
South 47° 22' 26" West, a distance of 344.03 feet to a point for corner;
South O0° 19' 04" East, a distance of 270.97 feet to a point for corner;
North 89° 40' 56" East, a distance of 19.12 feet to a point for comer;
South 45° 19' 04" East, a distance of 110.13 feet to a point for corner;
South O0° 19' 04" East, a distance of 46.36 feet to a point for corner; being in the
south property line of said 90.62 acre tract, being also in the north right-of-way
line of Center Street;
THENCE North 89° 20' West, with said south property line and said north right-of-way
line, a distance of 20.00 feet to a point for corner;
THENCE North O0° 19' 04" West, leaving said south property line and said north right-
of-way line, a distance of 37.73 feet to a point for corner;
FIELD NOTE DESCRIPTION
WATER LINE EASEMENT
Sara Lee Bakery Group
Page2
THENCE North 45° 19' 04" West, a distance of 93.56 feet to a point for corner;
THENCE South 89° 40' 56" West, a distance of 10.84 feet to a point for corner;
THENCE South 00° 19' 04" East, a distance of 102.57 feet to a point for corner, being in
the south property line of said 90.62 acre tract, being also in the north right-of-way line
of Center Street;
THENCE North 89° 20' West, with said south property line and said north right-of-way
line, a distance of 20.00 feet to a point for corner;
THENCE following the west and north lines of said water line easement, the following
calls:
North 0° 19' 04" West, a distance of 402.04 feet to a point for corner;
North 47° 22' 26" East, a distance of 389.53 feet to a point for corner;
North 84° 24' 51" East, a distance of 810.03 feet to a point for corner, being in
the east property line of said 90.62 acre tract, being also in the west property line
of said 22.73 acre Paris Packaging, Inc., Tract One;
THENCE South, with the east property line of said 90.62 and the said west property line
of said 22.73 acre tract, a distance of 20.00 feet to the POINT OF BEGINNING and
containing 35,440.30 square feet or 0.8156 of an acre of land.
I hereby certify that the above description was prepared from an actual survey made on
the ground under my direction and supervision during the months of June 2002 and
February 2003. GIVEN UNDER MY HAND AND SEAL this date, 24 February 2003.
Billy Frank Davis, Jr.
Registered Professional Land Surveyor
Texas Registration No. 4671
~ATE~ LINE EASEMENT
SARA LEE BAKERY GROUP
FIELD NOTE DESCRIPTION
FOR
WATER LINE EASEMENT
BILLY McELYEA
LOT 1, CITY BLOCK 241
CITY OF PARIS
LAMAR COUNTY, TEXAS
All that certain lot, tract or parcel of land for a permanent water line easement generally
20.00 feet in width situated in the Asa Jarman Survey, Abstract 479, Lamar County, Texas,
and being a part of Lot 1, City Block 241 described in a deed from Louise Huggins to Billy
McElyea, recorded in Volume 1014, Page 162 of the Deed Records of Lamar County,
Texas, being more particularly described by metes and bounds as follows:
COMMENCING at a 1/2" iron rod found for the northwest corner of said Lot 1, being also in
the south property line of Walker Park, City of Paris;
THENCE East, along the north property line of said Lot 1, a distance of 131.50 feet to a
point for the northwest corner of said water line easement, said point being the POINT OF
BEGINNING;
THENCE East, with the north property line of Lot 1, a distance of 20.00 feet to a point for
the northeast corner of said 20' Water Line Easement, being also the northeast corner of
Lot 1;
THENCE South, with the east property line of Lot 1, a distance of 522.15 feet to a point for
the southeast corner of said 20' Water Line Easement, said corner being in the southeast
corner of Lot 1, same corner being also in the north right-of-way line of Graham Street;
THENCE West, with the south property line of Lot 1 and said north right-of-way line of
Graham Street, a distance of 20.00 feet to point for the southwest corner of said water line
easement;
THENCE North, 522.15 feet to the POINT OF BEGINNING and containing 10,443.01
square feet or 0.2397 of an acre of land.
I hereby certify that the above description was prepared from an actual survey made on
the ground under my direction and supervision during the months of June 2002 and
February 2003. GIVEN UNDER MY HAND AND SEAL this date, 25 February 2003.
Billy Frank Davis, Jr.
Registered Professional Land Surveyor
Texas Registration No. 4671
N.W.C P,O.B.--~
1/2' I.R. (FND)
I LOT LOT LOT
6 5 4
COMMENCEMENT, ~ I
EAST - 131,5'
20-FT WATER.. I
LINE EASEMENT
LOT 4
CITY <~ I
BLOCK w~w I LOT LOT LOT
841 LOT 3A
~-' I
ASA JARMAN 'J~ I
I
SURVEY I
ABST ND, 479 30-FT TEMP, I
CONSTRUCTION = I "' -
EASEMENT LOT LOT LOT
I 7 8
I
LOT 3 LOT 2 I
I
I
GRAHAM STREET
BLOCK BLOCK
LINE BEARING DISTANCE 192 ~ 191
L1 EAST 80,00'
L8 SOUTH 522,15'
L3 WEST 20,00'
I, DILLY FRANK DAVIS, JR., REGISTERED PROFESSIONAL
L4 NORTH 588.15' LAND SURVEYOR, ~ HEREBY CERTIFY THAT THIS DOUNDAR
BWR PROJECT NO. 8008140 STATE OF TEXAS NO, 4671
SCALE, t'--tOO' 20' WATER LINE EASEHENT
I)ATE, FEBRUARY 26, EOOE BILLY HcELYEA
IIIIIIIBUOHER~ WILLIS & RATLIFF 84' RCCP WATER TRANSMISSION LINE
II~I~II~ CS~PORATION
~o,~. . ........ ~ ..... ~ CITY OF PARIS, TEXAS
UTILITY EASEMENT
STATE OF TEXAS }
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR }
That Paris Packaging, Inc., by and through , of Lamar
County, Texas, (hereinafter referred to as Grantor) for and in consideration of the sum of ONE
DOLLAR (Si.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:
All that certain lot, tract, or parcel of land for a permanent water line easement
generally 20.00 feet in width situated within the corporate limits of the City of Paris,
County of Lamar and State of Texas, a part of the Reddin Russell Su~wey, Abstract
786, and being a part of a certain called 22.73 acre Tract One and a called 20.00 acre
Tract Two, Lots 7 and 2A, City Block 298, described in deed from the Precision
Printing and Packaging, Inc., to Paris Packaging, Inc., recorded in Volume 793, Page
249, Deed Records, Lamar County, Texas, and being more particularly described in
metes and bounds as follows:
COMMENCING at a ~A" iron rod found for the most Westerly Northwest
corner of said 22.73 acre Paris Packaging, Inc. Tract One, being in the East property
line of a called 90.62 acre tract of land described in a deed to Merico, Inc., recorded
in Volume 548, Page 464, of the Deed Records of Lamar County, Texas;
THENCE South, along the West property line of said 22.73 acre Paris
Packaging, Inc., and the East property line of said 90.62 acre tract, a distance of
30.39 feet to a point for the most Westerly Northwest corner of said water line
easement, said point being the POINT OF BEGINNING;
THENCE South 86°19'05" East, a distance of 338.95 feet to a point for
corner;
THENCE North 04° 11'50" East, a distance of 56.92 feet to a point for corner;
THENCE South 88°58'40.' East, a distance of 854.49 feet to a point for
corner; being in the East property line of said 22.73 acre Paris Packaging, Inc. Tract
One, being also in the West property line of a certain called 1.981 acre tract of land
described in a deed to the City of Paris, Texas, recorded in Volume 320, Page 5 I0,
of the Deed Records of Lamar County, Texas;
THENCE South 03°40. East, with said East property line and the West
property line of said 1.981 acre City of Paris tract, a distance of 20.07 feet to a point
for corner;
THENCE North 88°58'40" West, a distance of 837.21 feet to a point for
corner;
EXHIBIT
THENCE South 04011'50'' West, a distance of 57.82 feet to a point for
corner;
THENCE North 86019'05'' West, a distance of 357.49 feet to a point for
corner, being in the West property line of said 22.73 acre Paris Packaging, Inc. Tract
One, being also in the East property line of said 90.62 acre tract;
THENCE North, with the West property line of said 22.73 acre Tract One and
the said East property line of said 90.62 acre tract, a distance of 20.04 feet to the
POINT OF BEGINNING and containing 25,028.96 square feet or 0.5746 of an acre
of land.
and further give and grant a temporary construction easement described as follows:
BEING two strips of land twenty-five (25) feet in width each situated within
the corporate limits of the City of Paris, County of Lamar and State of Texas, a part
of the Reddin Russell Survey 786, and being a part of Lots 7 and 2A, City Block 298,
described in deed from Precision Printing and Packaging, Inc., to Pads Packaging,
Inc., recorded in Volume 793, Page 249, Deed Records, Lamar County, Texas, said
twenty-five (25) foot temporary easements being twenty-five (25)feet North of the
North boundary line of said permanent easement and being twenty-five (25) feet South
of the South boundary line of said permanent easement.
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 emer 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 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 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 our hands this __ day of ,2003.
PARIS PACKAGING, INC.
STATE OF TEXAS }
COUNTY OF LAMAR }
BEFORE ME, the undersigned authority, on this day personally appeared ,
known to me to be the person whose name is subscribed to the foregoing instrument, and
acknowledged to me that [they/he/she] executed the same for the purposes and consideration therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of ,2003.
Notary Public, State of Texas
RETURN TO: City Attorney, City of Paris
P. O. Box 9037
Paris, TX 75461-9037
UTILITY EASEMENT
STATE OF TEXAS }
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR }
That the Sara Lee Bakery Group, by and through its , of ~:~i~:
~ (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 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:
All that certain lot, tract, or parcel of land for a permanent water line easement
generally 20.00 feet in width 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, and being a certain called 90.62 acre tract of land, being a part of Lots 3A, 4,
5, and 6, City Block 298, described in deed a from the Paris, Texas Industrial
Foundation, Inc., to Merico, Inc., recorded in Volume 548, Page 464, of the Deed
Records of Lamar County, Texas, being more particularly described by metes and
bounds as follows:
COMMENCING at a IA" iron rod found for the Southeast corner of said 90.62
acre Merico, Inc. tract, being in the North right-of-way line of Center Street and
being in the West property line of a called 22.73 acre tract of land described in a deed
to Pads Packaging, Inc., recorded in Volume 793, Page 249, Tract One, of the Deed
Records of Lamar County, Texas.
THENCE North, along the East property line of said 90.62 acre tract, and the
West property line of said 22.73 acre Pads Packaging, Inc., Tract One, a distance of
754.47 feet to a point for the Northerly Southeast corner of said water line easement,
said point being the POINT OF BEGINNING;
THENCE following the South and East lines of said water line easement, the
following calls:
South 84°24'51" West, a distance of 778.43 feet to a point for corner;
South 46026'02" West, a distance of 48.04 feet to a point for corner;
North 43033'58" West, a distance of 14.61 feet to a point for corner;
South 47022'26'' West, a distance of 344.03 feet to a point for corner;
South 00° 19'04" East, a distance of 270.97 feet to a point for corner;
North 89040'56'' East, a distance of 19.12 feet to a point for corner;
South 45°19'04" East, a distance of 110.13 feet to a point for corner;
South 00°19'04" East, a distance of 46.36 feet to a point for corner; being in
the South property line of said 90.62 acre tract, being also in the North right-
of-way line of Center Street;
THENCE North 89020' West, with said South property line and said North
right-of-way line, a distance of 20.00 feet to a point for corner;
THENCE North 00° 19'04" West, leaving said South property line and said
North right-of-way tine, a distance of 37.73 feet to a point for corner;
THENCE North 45°19'04" West, a distance of 93.56 feet to a point for
corner;
THENCE South 89040'56" West, a distance of 10.84 feet to a point for
corner;
THENCE South 00°19'04" East, a distance of 102.57 feet to a point for
corner, being in the South property line of said 90.62 acre tract, being also in the
North Right-of-way line of Center Street;
THENCE North 89°20' West, with said South property line and said North
right-of-way line, a distance of 20.00 feet to a point for corner;
THENCE following the West and North lines of said water line easement, the
following calls:
North 0° 19'04' West, a distance of 402.04 feet to a point for corner;
North 47°22'51" East, a distance of 389.53 feet to a point for corner;
North 84°24'51" East, a distance of 810.03 feet to a point for corner, being
in the East property line of said 90.62 acre tract, being also in the West
property line of said 22.73 acre Paris Packaging, Inc., Tract One;
THENCE South, with the East property line of said 90.62 and the said West
property line of said 22.73 acre tract, a distance of 20.00 feet to the POINT OF
BEGINNING and containing 35,440.30 square feet or 0.8156 of an acre of land.
and further give and grant a temporary construction easement described as follows:
BEING two strips of land twenty-five (25) feet in width each, 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, and being a certain called 90.62 acre tract
of land, being a part of Lots 3A, 4, 5, and 6, City Block 298, described in deed from
the Paris, Texas Industrial Foundation, Inc., to Merico, Inc., recorded in Volume
548, Page 464, Deed Records, Lamar County, Texas, said two twenty-five (25) foot
temporary easements being twenty-five (25) feet East of the East boundary line of
said permanent easement and being twenty-five (25) feet West of the West boundary
line of said permanent easement.
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 ail 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 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 detrimentzd 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 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 ,2003.
SARA LEE BAKERY GROUP
By:
STATE OF TEXAS }
COUNTY OF LAMAR }
BEFORE ME, the undersigned authority, on this day personally appeared
of Sara Lee Bakery Group, 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 ,2003.
Notary Public, State of Texas
RETURN TO: City Attorney, City of Paris
P. O. Box 9037
Paris, TX 75461-9037
UTILITY EASEMENT
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR }
That we, Billy McElyea and Robbie Allen, 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 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:
All that certain lot, tract, or parcel of land for a permanent water line easement
generally 20.00 feet in width situated within the corporate limits of the City of Paris,
County of Lamar and State of Texas, a part of the Asa Jarman Survey, Abstract 479,
and being a part of Lot 1, City Block 241, described in deed from Louise Huggins to
Billy McElyea, recorded in Volume 1014, Page 162 of the Deed Records of Lamar
County, Texas, and being more particularly described by metes and bounds as
follows:
COMMENCING at a ~A" iron rod found for the Northwest corner of said Lot
1, being also in the South property line of Walker Park, City of Paris;
THENCE East, along the North property line of said Lot 1, a distance of
131.50 feet to a point for the Northwest corner of said water line easement, said point
being the POINT OF BEGINNING;
THENCE East, with the North property line of Lot 1, a distance of 20.00 feet
to a point for the Northeast corner of said 10' Water Line Easement, being also the
Northeast corner of Lot 1;
THENCE South, with the East property line of Lot 1, a distance of 522.15 feet
to a point for the Southeast corner of said 20' Water Line Easement, said corner being
in the Southeast corner of Lot 1, same corner being also in the North right-of-way line
of Graham Street;
THENCE West, with the South property line of Lot 1 and said North right-of-
way line of Graham Street, a distance of 20.00 feet to a point for the Southwest corner
of said water line easement;
THENCE North a distance of 522.15 feet to the POINT OF BEGINNING and
containing 10,443.01 square feet or 0.2397 of an acre of land.
and further give and grant a temporary construction easement described as follows:
BEING a strip of land thirty (30) feet in width situated within the corporate
limits of the City of Paris, County of Lamar and State of Texas, a part of the Asa
Jarman Survey, Abstract 479, and being a part of Lot 1, City Block 241, described
in deed from Louise Huggins to Billy McElyea, recorded in Volume 1014, Page 162,
Deed Records, Lamar County, Texas, said thirty (30) foot temporary easement being
thirty (30) feet West of the West boundary line of said permanent easement.
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 ail 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 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.
Grantors do hereby bind themselves, their heirs, executors and administrators, to warrant and
forever defend, ail 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 4th day of April, 2003.
Billy McElyea
Robble Allen
STATE OF TEXAS
COUNTY OF LAMAR
BEFORE ME, the undersigned authority, on this day personally appeared Billy McElyea,
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 April, 2003.
Notary Public, State of Texas
STATE OF TEXAS }
COUNTY OF LAMAR
BEFORE ME, the undersigned authority, on this day personally app. eared Robbie Allen,
known to me to be the person whose name is subscribed to the foregoing instrument, and
acknowledged to me that she executed thc same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this __ day of April, 2003.
Notary Public, State of Texas
RETURN TO: City Attorney, City of Paris
P. O. Box 9037
Paris, TX 75461-9037