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06-I River Oaks EsmtDRAFT F:XAttorneyXALICEXRESWORK\CURRENTXRiver Oak Subdiv - Mack Ross U & D Easements 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 FIVE (5) PERMANENT ACCESS, UTILITY, AND DRAINAGE EASEMENTS ACROSS PORTIONS OF LOTS 2-A, 2-B, 3, 4, 5, AND 6, BLOCK 5, HAYES ADDITION, BEGINNING IN THE NORTH BOUNDARY LINE OF HOUSTON STREET, FOR THE CONSTRUCTION OF ACCESS, UTILITY, AND DRAINAGE IMPROVEMENTS BY AND IN FURTHERANCE OF THAT PROJECT KNOWN AS RIVER OAKS SUBDIVISION, TO BE CONSTRUCTED BY MACK ROSS; 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 access, utility, and drainage easements in order to construct access, utilities lines, and drainage improvements; and, WHEREAS, the easement descriptions are shown on Exhibit A, attached hereto; and, WHEREAS, the City Council finds that the above-described access, utility, and drainage easements are necessary for the construction of utility lines by Mack Ross, in furtherance of that project known as River Oak Subdivision, 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 access, utility, and drainage easements, conveyed to the City of Paris on behalf of Mack Ross, to be used for the construction of access, utilities, and drainage improvements by Mack Ross, in furtherance of that project known as River Oaks Subdivision, such easements 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 ACCESS AND UTILITY EASEMENT Situated within the corporate limits of the City of Paris, Lamar County, Texas a part of The Hayes Heights Addition, Block 3, Lot 5, as shown by plat in Envelope 42-A of the Lamar County Plat Records, and being a part of Lot 5 as conveyed to Emma J. Ford by deed recorded in Volume 493, Page 265 of the Lamar County Deed Records, and being further described as follows: Beginning at an iron pin found for comer in a fence being the Nbrtheagt comer of said Lot 5, being the South line ora tract of land conveyed to Wilfred and Alta Hargis by deed recorded in Volume 406, Page 162 of the Lamar County Deed Records, also being the Northeast comer of Lot 6 as conveyed to Mark and Jeanna Caldwell by deed recorded in Volume 885, Page 176 of the Lamar County Real Property Records; Thence South 0° 01' 42" West along the East line of said Lot 5 a distance of 109.56 feet to a point for comer; Thence South 4° 50' 04" West a distance of 43.96feet to a point for comer in the North line Houston Street, from whence an iron pin found for the Southeast comer of said Lot 5 bears North 89° 51' 02" East a distance of 3.68 feet; Thence South 89° 51' 02" West along said street a distance of 20.08 feet to a point for comer; Thence North 4° 50' 04" East a distance of 153.95 feet to a point for comer in the North line of said Lot 5 Thence South 89° 58' 28" East along the Hargis-Ford common line a distance of 10.86 feet to a point for comer to the point of begirming. EXHlf31T. . / / ALTA O. HARGIS VOL. 406, PG. 162 S 89°58'ali" E LOT L.C.D.R. / ADDITION BLOCK CALDWELL 3 / JEANNA CALDWELL LOT / VOL. 885, PG. 176 ~ ~ / L.C.R.P.R. / EMMA J. FORD 4~, ~o. ~ / / L.C.D.R. / / 0 30 60 ScaLe 1' = 30' S 89°51'02'' rl~e nane: xa43JULOa ~0.08' CHANEY ENGINEERING INC. PH. # 903-784-6393 POINT F.I.P HOUDTON ~TR. EET \ ACCESS AND UTILITY EASEMENT Situated within the corporate limits of the City of Paris, Lamar County, Texas a part of City Block 294, Lot 4, as conveyed to Dora Landers by deed recorded in Volume 682, Page 312 of the Lamar County Deed Records, and being f~aher described as follows: Beginning at a point for comer in the Noah line of said Landers tract from whence an iron pin found for the Northeast comer bears Sout~ 89° 41' 25" East a distance o~'354.99 feet, said point also being in the South line of a tract of land conveyed to Mack Ross by deed recorded in Volume 1220, Page 157 of the Lamar County Real Property Records; Thence South 1° 54' 26" West a distance of 104.71 feet to a point for comer in the Noah line of a tract of land conveyed to Mack Ross by deed recorded in Volume 1259, Page 279 of the Lamar County Real Property Records; Thence South 89° 35' 59" West a distance of 20.01 feet to a point for comer Thence North 1° 54' 19" East a distance of 104.74 feet to a point for comer in the North line of said Ross tract, being the South line ora tract of land conveyed to Dora Landers by deed recorded in Volume 682, Page 279 of Lamar County Deed Records; Thence North 89° 44' 25" East along the Landers-Ross common line a distance of 20.01 feet to the point of beginning. ACCESS AND UTILITY EASEIV~ENT Situated within the corporate limits of the City of Paris, Lamar County, Texas a part of City Block 294, Lot 3, as conveyed to Mack Ross by deed recorded in Volume 1259, Page 279 of the Lamar County Real Property Records, and being further described as follows: Beginning at a point for comer in the South line of said Ross tract from whence an iron pin found for the Northwest comer ora tract of land'conveyed to P.I.S.D. by deed recorded in Volume 618, Page 927 of the Lamar County Deed Records bears South 89° 58' 28" East a distance of 19.09 feet, said point also being in the North line ora tract of land conveyed to Emma J Ford by deed recorded in Volume 493, Page 265 of the Lamar County Deed Records;; Thence South 89° 26' 35" West a distance of 20.01 feet to a point for comer Thence North 1° 54' 19" East a distance of 105.30 feet to a point for comer in the North line of said Ross tract, being the South line ora tract of land conveyed to Dora Landers by deed recorded in Volume 682, Page 279 of Lamar County Deed Records; Thence North 89° 35' 59" East along the Landers-Ross common line a distance of 20.01 feet to a point for comer; Thence South 1° 54' 26" West a distance of 105.25 feet to the point of beginning. VOL. 682, PG. 312 / 4 L.C.D.R. N 9°35'59 eo~m 20.01' ~¢~c Ross ~ L.C.R.P.R. . ~LFRED M. HARGIS / ALTA O. HARG~S ~ P.I.S.D. VOL. 406, PG. 162 · L.C.D.R. ~ ~ VOL. 618, PG. 927 ~ L.C.D.R. C~EY ENGINEERING INC. PH. ~ 903-784-6393 ACCESS AND UTILITY EASEMENT Situated within the corporate limits of the City of Paris, Lamar County, Texas a part of City Block 294, Lot 2-A, and being a part of Lot 2 as conveyed to Wilfred M. Hargis and wife Alta O. Hargis by deed recorded in Volume 406, Page 162 of the Lamar County Deed Records, and being further described as follows: Beginning at a point for comer in' the South line of said Hargis tract from whence an iron pin found for the Southwest comer ora tract of land conveyed to P.I.S.D. by deed recorded in Volume 618, Page 927 of the Lamar County Deed Records bears South 89° 58' 28" East a distance of 19.09 feet; Thence North 89° 58' 28" West passing an iron pin found for the Northwest comer of a tract of land conveyed to Mark and Jeanna Caldwell by deed recorded in Volume 885, Page 176 of the Lamar County Real Property Records, continuing in all a distance of 20.07 feet to a point for comer in the North line of a tract of land conveyed to Emma $ Ford by deed recorded in Volume 493, Page 265 of the Lamar County Deed Records; Thence North 4° 50' 04" East a distance of 228.39 feet to a point for comer in the North line of said Hargis tract, being the South line of a tract of land conveyed to Mack Ross by deed recorded in Volume 1259, Page 279 of the Lamar County Real Properly Records; Thence North 89° 26' 35" East along the Hargis-Ross common line a distance of 20.09 feet to a point for comer; Thence South 4° 50' 04" West a distance of 228.59 feet to the point of begirming. L.CR,P.R.. . / N ~ ~ / / WILFRED M, HARGIS ALTA O. HARGIS P.~.S.D. VOL. 406, PG. 162 V~. 6[8, PG, 927 0 40 80 Sc~e 1'~ : 40' File nome~ X243JUL02 C~ ~GI~B~R~G INC. P~. ~ 903-78~-6393 ADDITION BLOCK MARK CALDWELL EMYA J. FORD / / JEAN~A CALDWELL 493, PG. 265 VOL,/885, PG. 176 L.C.D.R. L.C.RP.R. / / / ACCESS AND UTILITY EASEMENT Situated within the corporate limits of the City of Paris, Lamar County, Texas a part of The Hayes Heights Addition, Block 3, Lot 6, as shown by plat in Envelope 42-A of the Lamar County Plat Records, and being a part of Lot 6 as conveyed to Mark and Jeanna Caldwell by deed recorded in Volume 885, Page 176 of the Lamar County Real Property R~.cords, and being further described as follows: Beginning at an iron pin found for comer in a fence being the N6rthwest comer of said Lot 6, being the South line of a tract of land conveyed to Wilfred and Alta Hargis by deed recorded in Volume 406, Page 162 of the Lamar County Deed Records, also being the Northeast comer of Lot 5 as conveyed to Emma J Ford by deed recorded in Volume 493, Page 265 of the Lamar County Deed Records; Thence South 89° 50' 19" East along the Hargis-Caldwel[ common line a distance of 9.21 feet to a point for comer; Thence South 4° 50' 04" West a distance of 109.93 feet to a point for comer in the West line of said Lot 6; Thence North 0° 01' 42" East along said West line a distance of 109.56 feet to the point of beginning. / ALTA O. HARGIS VOL. 406, PG. 162 S ~89'50'19 E L.C.D.R. / 9,81' LOT / / / HAYES HEIGHTS BLOCK LOT ~ ~K C~WE~ EM~ J. FORD / z JE~NA CA~LL 493, PG. 265 /VOL. 885, PG. 176 - L.C.R.P.R ~.c.~.~./ / 0 30 60 CH~EY ENGINEERING INC. / ( , PH. ~ 903-784-6393 UTILITY AND DRAINAGE EASEMENT STATE OF TEXAS } KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR } That I, Emma J. Ford, 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 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 and drainage easement described as follows: SITUATED within the corporate limits of the City of Paris, County of Lamar and State of Texas, being Lot 5, Block 3, of the Hayes Heights Addition, as shown by plat in Envelope 42-A of the Lamar County Plat Records and being a part of Lot 5 as conveyed to Emma J. Ford by deed recorded in Volume 493, Page 265 of the Lamar County Deed Records, and being more particularly described as follows: BEGINNING at an iron pin found for corner in a fence being the Northeast corner of said Lot 5, being the South boundary line of a tract of land conveyed to Wilfred and Alta Hargis by deed recorded in Volume 406, Page 162 of the Lamar County Deed Records, also being the Northeast corner of Lot 6 as conveyed to Mark and Jeanna Caldwell by deed recorded in Vol. 885, Page 176 of the Lamar County Real Property Records; THENCE South 0°01 '42" West along the East boundary line of said Lot 5 a distance of 109.56 feet to a point for corner; THENCE South 4°50'04" West a distance of 43.96 feet to a point for corner in the North boundary line of Houston Street, from whence an iron pin found for the Southeast corner of said Lot 5 bears North 89°51'02" East a distance of 3.68 feet; THENCE South 89°51'02" West along said street a distance of 20.08 feet to a point for corner; THENCE North 4050'05" East a distance of 153.95 feet to a point for corner in the North boundary line of said Lot 5; THENCE South 89 °58' 28" East along the Hargis-Ford common line a distance of 10.86 feet to a point for corner to the point of beginning. 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 and drainage 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 and drainage facilities, restore the surface to the condition in which said surface was found when such work was EXHIBI'r 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 herself, her 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 my hand this __ day of April, 2003. Emma J. Ford STATE OF TEXAS } COUNTY OF LAMAR } BEFORE ME, the undersigned authority, on this day personally appeared Emma J. Ford, known to me to be the person whose name is 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 __ day of ,2003. Notary Public, State of Texas RETURN: City Attorney City of Paris P. O. Box 9037 Paris, TX 75461-9037 UTILITY AND DRAINAGE EASEMENT STATE OF TEXAS } KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR } That I, Dom Landers, 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 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 l_amax County, Texas, (hereinafter referred to as Grantee) a perpetual utility and drainage easement described as follows: SITUATED within the corporate limits of the City of Paris, County of Lamar and State of Texas, being Lot 4, City Block 294 as conveyed to Dora Landers by deed recorded in Volume 682, Page 312 of the Lamax County Deed Records, and being more pardculaxly described as follows: BEGINNING at a point for corner in the North boundary line of said Landers tract from whence an iron pin found for the Northeast corner bears South 89°41'25" East a distance of 354.99 feet, said point also being in the South boundary line of a tract of land conveyed to Mack Ross by deed recorded in Vol. 1220, Page 157 of the Lamar County Real Property Records; THENCE South 1 °54'26" West a distance of 104.71 feet to a point for corner in the North boundary line of a tract of land conveyed to Mack Ross by deed recorded in Volume 1259, Page 279 of the Lamar County Real Property Records; THENCE South 89°35'59' West a distance of 20.01 feet to a point for corner; THENCE North 1 °54' 19" East a distance of 104.74 feet to a point for corner in the North boundary line of said Ross tract, being the South line of a tract of land conveyed to Dora Landers by deed recorded in Volume 682, Page 279, of Lamar County Deed Records; THENCE North 89°44'25" East along the Landers-Ross common line a distance of 20.01 feet to the point of beginning. 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 and drainage 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 and drainage 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 there~h. Grantor does hereby bind herself, her 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 my hand this __ day of April, 2003. Dora Landers STATE OF TEXAS } COUNTY OF LAMAR } BEFORE ME, the undersigned authority, on this day personally appeared Dora Landers, known to me to be the person whose name is 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 day of ,2003. Notary Public, State of Texas RETURN: City Attorney City of Paris P. O. Box 9037 Paris, TX 75461-9037 UTILITY AND DRAINAGE EASEMENT STATE OF TEXAS } KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR } That I, Mack Ross, of Lamax 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 me in hand paid by the CITY OF PARIS, Pads, 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 and drainage easement described as follows: SITUATED within the corporate limits of the City of Pads, County of Lamar and State of Texas, being a part of Lot 3, City Block 294 as conveyed to Mack Ross by deed recorded in Volume 1259, Page 279 of the Lamar County Real Property Records, and being more particularly described as follows: BEGINNING at a point for corner in the South boundary line of said Ross tract from whence an iron pin found for the Northwest corner of a tract of land conveyed to P.I.S.D. by deed recorded in Volume 618, Page 927 of the 1.amax County Deed Records bears South 89°58'28~ East a distance of 19.09 feet, said point also being in the North boundary line of a tract of land conveyed to Emma J. Ford by deed recorded in Volume 493, Page 265 of the Lamar County Deed Records; THENCE South 89°26'35" West a distance of 20.01 feet to a point for coruer; THENCE North 1 °54' 19" East a distance of 105.30 feet to a point for corner in the North boundary line of said Ross tract, being the South line of a tract of land conveyed to Dora Landers by deed recorded in Volume 682, Page 279 of Lamar County Deed Records; THENCE North 89%5'59" East along the Landers-Ross common line a distance of 20.01 feet to a point for corner; THENCE South 1°54'26'' West a distance of 105.25 feet to the point of beginning. 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 and drainage 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 and drainage 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 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 my hand this __ day of April, 2003. Mack Ross STATE OF TEXAS } COUNTY OF LAMAR } BEFORE ME, the undersigned authority, on this day personally appeared Mack Ross, 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: City Attorney City of Paris P. O. Box 9037 Paris, TX 75461-9037 UTILITY AND DRAINAGE EASEMENT STATE OF TEXAS } KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR } That we, Wilfred M. Hargis and wife, Alta O. Hargis, 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 and drainage easement described as follows: SITUATED within the corporate limits of the City of Paris, County of Lamar and State of Texas, being a part of Lot 2-A, City Block 294 and being a part of Lot 2 as conveyed to Wilfred M. Hargis and wife Alta O. Hargis by deed recorded in Volume 406, Page 162 of the Lamar County Deed Records, and being more particularly described as follows: BEGINNING at a point for corner in the South boundary line of said Hargis tract from whence an iron pin found for the Southwest corner of a tract of land conveyed to P.I.S.D. by deed recorded in Volume 618, Page 927 of the Lamar County Deed Records bears South 89o58'28'. East a distance of 19.09 feet; THENCE North 89o58'28'' West passing an iron pin found for the Northwest corner of a tract of land conveyed to Mark and Jeanna Caldwell by deed recorded in Volume 885, Page 176 of the Lamar County Real Property Records continuing in all a distance of 20.07 feet to a point for corner in the North boundary line of a tract of land conveyed to Emma J. Ford by deed recorded in Volume 493, Page 265 of the Lamar County Deed Records; THENCE North 4o50'04.' East a distance of 228.39 feet to a point for corner in the North line of said Hargis tract, being the South boundary line of a tract of land conveyed to Mack Ross by deed recorded in Volume 1259, Page 279 of the Lamar County Real Property Records; THENCE North 89 °26'35" East along the Hargis-Ross common line a distance of 20.09 feet to a point for corner; THENCE South 4°50'04" West a distance of 228.59 feet to the point of beginning. 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 and drainage 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 and drainage 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, 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 April, 2003. Wilfred M. Hargis Alta O. Hargis STATE OF TEXAS } COUNTY OF LAMAR } BEFORE ME, the undersigned authority, on this day personally appeared Wilfred M. Hargis and Alta O. Hargis, 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 ,2003. Notary Public, State of Texas RETURN: City Attorney City of Paris P. O. Box 9037 Paris, TX 75461-9037 UTILITY AND DRAINAGE EASEMENT STATE OF TEXAS } KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR } That we, Mark Caldwell and wife, Jeanna Caldwell, 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 and drainage easement described as follows: SITUATED within the corporate limits of the City of Paris, County of Lamar and State of Texas, being a part of Lot 6, Block 3 of the Haynes Heights Addition as shown by plat in Envelope 42-A of the Lamar County Plat Records, and being a part of Lot 6 as conveyed to Mark and Jeanna Caldwell by deed recorded in Vol.885, Page 176 of the Lamar County Real Property Records, and being more particularly described as follows: BEGINNING at an iron pin found for corner in a fence being the Northwest corner of said Lot 6, being the South boundary line of a tract of land conveyed to Wilfred and Alta Hargis by deed recorded in Volume 406, Page 162 of the Lamar County Deed Records, also being the Northeast corner of Lot 5 as conveyed to Emma J. Ford by deed recorded in Volume 493, Page 265 of the Lamar County Deed Records; THENCE South 89050' 19" East along the Hargis-Caldwell common line a distance of 9.21 feet to a point for corner; THENCE South 4o50'04" West a distance of 109.93 feet to a point for corner in the West boundary line of said Lot 6; THENCE North 0°01'42'' East along said West boundary line a distance of 109.56 feet to the point of beginning. 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 and drainage 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 and drainage 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, 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 April, 2003. Mark Caldwell Jeanna Caldwell STATE OF TEXAS } COUNTY OF LAMAR } BEFORE ME, the undersigned authority, on this day personally appeared Mark Caldwell and Jeanna Caldwell, 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 ,2003. Notary Public, State of Texas RETURN: City Attorney City of Paris P. O. Box 9037 Paris, TX 75461-9037