06-J Woodard Lift Station EsmtDRAFT
F:~Attorney~ALICE~ESWORK\CURRENT\Woodard Lift Station Utility 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 ACROSS LOTS 4 AND 5, CITY BLOCK
170, FOR THE CONSTRUCTION OF A SEWER LINE FOR WOODARD
LIFT STATION; 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 a sewer line for
Woodard Lift Station; 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 a sewer line for Woodard Lift Station, 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
situated across Lots 4 and 5, City Block 170, to be used for the construction of a sewer line for
Woodard Lift Station, 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
SURVEY # 03-040B SHEET 1 OF 3 SHEETS
1/2" FIR SOUTH RAILROAO R!GHT ?~F'w,~"Y ~
i~ Weldon Hilliard et. al.
,~.. Real Properly 1105, Page 293
Roder-Wade Manufacturing ~ City Block 170
Real Property 498, Page 45 ~ Lot # 5
;~ Cily of Paris, Texas
Cily Block 170
Lot#4
City ol Pans, Texas
L-5
LINE TABLE
Survey # 03-040B SHEET 2 OF 3 SHEETS
TRACT ONE
30.0 FOOT WIDE PERMANENT SEWER LINE EASEMENT
Being 0.230 acres of land, a part of thc Larkin Rattan Survey No. 778, lying and bcir, g a
pan of Lot 5 Block 170 of the City of Paris, Lamar County, Texas. The said Lot 5 being
a pan of the properly as described in a General Warranty Deed from Wanda Wbitaker,
Becky Swain Skimmer, and Freddie Swain to Wcldon Hilliard ET AL, a Texas General
Patmership, dated July 12, 2001 of record in Real Property 1105 Page 293, Real
Property Records, Lamar County, Texas. The said 0.230 acre casement being described
by metes and bounds as follows:
Standing at tbe Southwest comer of thc said Lot 5, a 1/2" found iron rod at a fence
comer post andat the Southeast comer of Lot 4 of Block 170 ora tract of land conveyed
to Rodgers-Wade Manufacturing Company Inc., Volume 498, Page 45 record in Real
Property Records, Lamar County, Texas, and in the North line ora alley, Go North
00002'27" East along the West line of Lot 5 and tile East line of Lot 4 Block 170 of tile
City of Paris, State of Texas, a distance of 128.89 feet to a I/2" set iroo rod along a
fence, for the Point of Beginning and thc Soutbwcst comer of this 30.00 foot pcnnancnt
Thence: North 00002'27'' West a distance of 30.09 feet along a fence in the West line of
the mfercuced tract in Volume 1105 Page 293 Real Property Records and the East
property line of the referenced tract in Volume 498 Page 45 Real Property Records of
Lamar County, Texas, for tile Northwest comer of this 30.00 foot permanent sewer
Thence: North 85°25'35'' East passing tile West side of South Main Street at 328.72
feet and continuing a total distance of 334.46 feet to a 1/2" set iron rod along a fence in
the East property line of tile referenced tract in Volume 1105 Page 293 Real Property
Records of Ibc City of Paris, State of Texas, for thc Northeast comer of this 30.00 foot
permanent sewer easement.
Thence: South 01°04'56" West a distance of 30.15 feet along a fence to a 1/2" set iron
rod set along a fence, in the East property line of the referenced tract in Volume 1105
Page 293 Real Property Records of the City of Paris, State of Texas for the Southeast
comer of this 30.00 foot permanent sewer easement.
Thence: South 85°25'35'' West passing thc West side of Soutb Main Street at 6.12
and continuing ~,.total distance of 333.28 feet to the POINT-OF-BEGINNING and ,:
containing 0.230 acres of land.
I, Mark L. Sanderson Registered Professional Land Surveyor #4911, State of Texas, do
hereby certify the above ,.vas taken fl-om measurements made upon the ground on
2/18/2003 and are tree and correct. /.
MARK L. SANDERSON R.P.L.S. #4911
Survey # 03-040B SHEET3 OF 3 StlEETS
TRA CT T}VO
30.0 FOOT }VIDE SE}VER LINE CONSTRUCTION EASEMENT
Being 0.230 acres of land, a part of the Larkin Rattan Survey No. 778, lying and being a
part of Lot 5 Block 170 of the City of Paris, Lamar County, Texas. The said Lot 5 bcing
a part of the property as described in a General Warranty Deed from Wanda Whitaker,
Becky Swain Skinner, and Freddie Swain to Weldon Hilliarf' ET AL, a Texas Geaeral
Patmership, dated July 12, 2001 of record in Real Properly 1105 Page 293, Real
Property Records, Lamer Cotully, Texas. The said 0.230 acre casement being described
by metes and bounds as follows:
Standing al the Southwest comer of the said Lot 5, a 1/2" found iron rod at a fence
comer post and at the Southeast comer of Lot 4 of Block 170 of a tract of land conveyed
to Rodgers-Wade Manufacturing Company Inc., Volume 498, Page 45 record in Real
Properly Records, Lamar County, Texas, and in tile North line of a alley, Go North
00o02'27" East along the West line of Lot 5 and the East line of Lot 4 Block 170 of thc
City of Paris, State of Texas, a distance of 98.80 fcct to a 1/2" set iron rod along a fence,
for thc Point of Beginning and the Southwest comer of this construction casement.
Thence: North 00002'27'' West a distance of 30.09 feet along a fence in the West line of
the referenced tract in Volume 1105 Page 293 Real Property Records and the East
property linc ofthe referenced tract in Volume 498 Page 45 Real Property Records of
Lamar County, Texas, for thc Northwest comer of tl~is construction easement.
Thence: North 85o25'35" East passing the West side of South Main Street at 327.75
feet and continuing a total distance of 333.87 feet to a 1/2" set iron rod along a fence in
the East property line of the referenced tract in Volume 1105 Page 293 Real Property
Records of the City of Paris, State of Texas, for the Northeast corner of this constn~ction
easement.
Thence South 01°04'56" West a distance or30.15 feet along a fence to a 1/2" set iron md
set along a fence, in the East property line of the referenced tract in Volume 1105 Page
293 Real Properly Records of the City of Paris, State of Texas for the Southeast comer
of this coostmction easement.
Thence: South 85025'35" West passing the East side of South Main Street at 6.50
and continuing a total distance of 333.28 feet to thc POINT-OF-BEGINNING and
containing 0.230 acres of land.
I, Mark L. Sanderson Registered Professional Land Surveyor #491 I, State of Texas, do
hereby certify the above was takeo from measurements made upon the ground on
2/18/2003 and are tree and correct.
Survey # 03-040A SHEET 2 OF 3 SHEETS
TRACT ONE
30.0 FOOT WIDE PERMANENT SEWER LINE EASEMENT
Being 0.617 acres of land, a part of the Larkin Rattan Survey No. 778, lying and being a
part of Lot 4 Block 170 of thc City of Paris, Lamar County, Texas. The said Lot 4 being
a part of thc property as described in a Special Warranty Deed from Consolidated
Nutrition, L.C., an Iowa Limited Liability Company to Rodgers-Wade Manufacturing
Company Inc., dated December 19,1994 of record in Volume 498 Page 45 Real Property
Records, Lamar County, Texas. The said 0.617 acre easement being described by metes
and bounds as follows:
Standi~:g at the Southeast corner of Ibc said Lot 4, a I/2" found iron rod at a fence comer
post and at the Southwest corner of Lot 5 of Block 170 ora tract of land conveyed to
Weldon Hilliard ET AL, a Tcxas General Palmership ill Real Property 1105 Page 293,
and in the North linc of a alley, Go North 00002'27" East along 0m East line of Lot 4 and
the West line of Lot 5 Block 170 of Ihe City of Paris, State of Texas, a distancc of
I28.89£cettoa I/2 sc ro odalo gale cc, forthePomtofBeginningandthc
Southeast comer of this permanent 30.0 feet sewer line casement.
Thence: South 85°25'35' West passing Ibc East side of Southwest 4th Street at 883.44
feet and continuing a total distance of 896.13 feet to a 1/2" set iron rod set along a fence
and the West side of Lot 4 Block 170 of the City of Paris, State of Texas, iii tbe West
property line of the referenced tract in Volume 498 Page 45 Real Property Records,
Laniar County, Texas, for thc Southwest comer of this permancnt 30.0 feet sexver linc
casenlenL
Thence: North 00*08'02" East witb thc West line of Volume 498 Page 45 Real Property
Records, a distance of 30.10 feet to a 1/2" set iron rod set along a fence, for the
Norlhwest comer of this construction casement.
Thence: North 85"25'35" East passing the East side of Southwest 4th Street at 11.69
feet and continuing a total distance of 896 04 feet to a I/2" set iron rod sion, a
· g fence in
the East property line of the referenced tract in Volume 498 Page 45 Real Property
Records, and the West line of the referenced tract in Volume 1105 Page 293 Real
Property Records of tbe City of Paris, State of Texas, for the Noriheast comer oftbis
pemmnent 30.0 feet sexver line eascmcnt.
Thence: Sout l 0~.°02'27" Easla distance of 30.09 feet along a fence in thc East proper~?'
line of the referenced tract in Volume 498 Page 45 Real Property Records, and the West
line of the referenced tract in Volume I 105 Page 293 Real Property Records of the City
of Paris, State of Texas to thc POINT-OF-BEGINNING and containing 0.617 acres of
lined.
I, Mark L. Sanderson Registered Professional Land Surveyor #4911, State of Texas, do
hereby certify the above was taken from measurements made upon the ground on
2/18/2003 and are true and c~,-rect.
M/~ R K L. S/I ND EI~S O1V"~I{.P.L.S. #49l 1
Survey # 03-040,,I SHEET3 OF 3 SHEETS
TRACT TWO
30.0 FOOT WIDE SEWER LINE CONSTRUCTION EASEMENT
Being 0.617 acres of land, a part of the Larkin Rattan Survey No. 778, lying and being a
part of Lot 4 Block 170 of thc City of Paris, Lamar County, Texas. Thc said Lot 4 being
a part of the property as described itl a Special Warranty Deed from Consolidated
Nutrition, L.C., an Iowa Limited Liability Company to Rodgers-Wade Manufacturing
Company Inc., datcd Dcccmbcr 19,1994 ofrccord in Volume 498 Page 45 Real Property
Records, Lamar County, Texas. Thc said 0.617 acre casement being describcd by metes
and bounds as fo]lows:
Standing at the Southeast corner of the said Lot 4, a 1/2" found iron rod at a fence comer
post and at the Southwest comer of Lot 5 of Block 170 ora tract of land conveyed to
Weldon Hilliard ET AL, a Texas General Patmcrship in Real Properly 1105 Page 293,
and in the North line ora alley, Go No~.h 00002'27'' East along the East line of Lot 4 and
the West line of Lot 5 Block 170 of the City of Paris, State of Tcxas, a distance of
98.80 feet to a 1/2" scl iron rod along a fence, for thc Point of Beginning and the
Southeast comer of this construction easement.
Thence: Soulh 85°25'35'' West passing the East side of Southwest 4th Street at 882.54
feet and continuing a total distance of 896.22 feet to a 1/2" set iron rod scl along a fence
in the West property line ofthe referenced tract in Volume 498 Page 45 Real Property
Records, and the West side of Lot 4 Block 170 of the City of Paris, State of
Texas,Lamer County, Texas, for the Southwest comer of this construction casement.
Thence: North 00o08'02'' East with the West line of Volume 498 Page 45 Real Property
Records, a distance of 30.10 feet to a 1/2" set iron rod set along a fence, for the
Northwest comer of this construction easement. Thence: North 85025'35'' East passing
tlie East side of Southwest 4th Street at 11.69 feet and continuing a total distance of
896.13 feet to a 1/2" scl iron rod along a fence in the East properly line of the referenced
tract in Volume 498 Page 45 Rcal Properly Records, and the West line of the
referenced tract in Volume 1105 Page 293 Real Property Records of the City of Paris,
State of Texas, for the Northeast comer of this construction easement.
Thence: South 00002'27'' East a distance of 30.09 feet along a fence in thc East property
line of the referenced tract in Volume 498 Page 45 Real Property Records, and the West
line of the referenced tract in Volume 1105 Page 293 Real Property Records of thc City
of Paris, State of Texas to thc POINT-OF-BEGINNING and containing 0.617 acres of
land. ~i ~'
I, Mark L. Sanderson Registered Professional Land Surveyor #491 I, State of Texas, do
hereby certify the above was taken from measurements made upon the ground oil
2/18/2003 aod are true and correct.
MARK L. SANDERSON R.P.L.S. #4911
UTILITY EASEMENT
STATE OF TEXAS }
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR }
That I, Hilliard, a Texas Limited Partnership, 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 easement described as follows:
BEING 0.230 acres of land, a part of the Larkin Rattan Survey No. 778, lying
and being a part of Lot 5 Block 170 of the City of Paris, Lamar County, Texas. The
said Lot 5 being a part of the property as described in a General Warranty Deed from
Wanda Whitaker, Becky Swain Skinner, and Freddie Swain to Weldon Hilliard et al,
a Texas General Partnership, dated July 12, 2001 of record in Real Property 1105
Page 293, Real Property Records, Lamar County, Texas. The said 0.230 acre
easement being described by metes and bounds as follows:
Standing at the Southwest comer of the said Lot 5, a x.6" found iron rod at a
fence corner post and at the Southeast comer of Lot 4 of Block 170 of a tract of land
conveyed to Rodgers-Wade Manufacturing Company Inc., Volume 498, Page 45
record in Real Property Records, Lamar County, Texas, and in the North line of an
alley, Go North 00o02'27'' East along the West line of Lot 5 and the East line of Lot
4 Block 170 of the City of Paris, State of Texas, a distance of 128.89 feet to a ~3" set
iron rod along a fence, for the Point of Beginning and the Southwest comer of this
30.00 foot permanent utility easement.
Thence: North 00o02'27" West a distance of 30.09 feet along a fence in the
West line of the referenced tract in Volume 1105 Page 293 Real Property Records and
the East property line of the referenced tract in Volume 498 Page 45 Real Property
Records of Lamar County, Texas, for the Northwest comer of this 30.00 foot
permanent utility easement.
Thence: North 85°25 '35" East passing the West side of South Main Street at
328.72 feet and continuing a total distance of 334.46 feet to a ~6" set iron rod along
a fence in the East property line of the referenced tract in Volume 1105 Page 293 Real
Property Records of Lamar County, Texas, for the Northeast comer of this 30.00 foot
permanent utility easement.
Thence: South 01o04'56" West a distance of 30.15 feet along a fence to a ~/~"
set iron rod set along a fence, in the East property line of the referenced tract in
Volume 1105 Page 293 Real Property Records of Lam,ar County, Texas for the
Southeast comer of this 30.00 foot permanent utility easement.
Thence: South 85 °25'35" West passing the West side of South Main Street at
6.12 feet and continuing a total distance of 333.28 feet to the POINT-OF-
BEGINNING and containing 0.230 acres of land.
EXHIBIT.. .
The above field notes being taken from an actual survey made on the ground
by Mark L. Sanderson, Registered Land Surveyor of Texas, #4911, February 18,
2003, reference being here made to all instruments and records for all necessary
purposes.
and further give and grant a temporary construction easement described as follows:
BEING 0.230 acres of land, a part of the Larkin Rattan Survey No. 778, lying
and being a part of Lot 5 Block 170 of the City of Paris, Lamar County, Texas. The
said Lot 5 being a part of the property as described in a General Warranty Deed from
Wanda Whitaker, Becky Swain Skinner, and Freddie Swain to Weldon Hilliard et al,
a Texas General Partnership, dated July 12, 2001 of record in Real Property 1105
Page 293, Real Property Records, Lamar County, Texas. The said 0.230 acre
easement being described by metes and bounds as follows:
Standing at the Southwest corner of the said Lot 5, a %' found iron rod at a
fence comer post and at the Southeast corner of Lot 4 of City Block 170 of a tract of
land conveyed to Rodgers-Wade Manufacturing Company Inc., Volume 498, Page 45
record in Real Property Records, Lamar County, Texas, and in the North line of an
alley, Go North 00°02'27' East along the West line of Lot 5 and the East line of Lot
4 City Block 170 of the City of Paris, State of Texas, a distance of 98.80 feet to a %'
set iron rod along a fence, for the Point of Beginning and the Southwest corner of this
construction easement.
Thence North 00°02'27 West a distance of 30.09 feet along a fence in the
West line of the referenced tract in Volume 1105 Page 293 Real Property Records and
the East property tine of the referenced tract in Volume 498 Page 45 Real Property
Records of Lamar County, Texas, for the Northwest comer of this construction
easement.
Thence: North 85°25'35" East passing the West side of South Main Street at
327.75 feet and continuing a total distance of 333.87 feet to a ~,6' set iron rod along
a fence in the East property line of the referenced tract in Volume 1105 Page 293 Real
Property Records of Lamar County, Texas, for the Northeast corner of this
construction easement.
Thence South 01 °04'56' West a distance of 30.15 feet along a fence to a %'
set iron rod set along a fence, in the East property line of the referenced tract in
Volume 1105 Page 293 Real Property Records of Lamar County, Texas for the
Southeast corner of this construction easement.
Thence South 85 °25'35'' West passing the East side of South Main Street at
6.50 feet and continuing a total distance of 333.28 feet to the
POINT-OF-BEGINNING and containing 0.230 acres 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 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 perpemai 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 __ day of April, 2003.
[] Hilliard
STATE OF TEXAS }
COUNTY OF LAMAR }
BEFORE ME, the undersigned authority, on this day personally appeared ,
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.
Gr~rEN 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
UTHATY EASEMENT
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR
That Leggett & Platt, Incorporated, successor by merger to Rodgers Wade Manufacturing,
Inc., (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:
BEING 0.617 acres of land, apart of the Larkin Rattan Survey No. 778,
lying and being a part of Lot 4 Block 170 of the City of Paris, Lamar County,
Texas. The said Lot 4 being a part of the proper~ as described in a Special
Warranty Deed from Consolidated Nutrition, L.C., an Iowa Limited Liability
Company to Rodgers-Wade Manufacturing Company Inc., dated December
19,1994 of record in Volume 498 Page 45 Real Property Records, Lamar County,
Texas. The said 0.617 acre casement being described by metes and bounds as
follows:
Standing at the Southeast comer of the said Lot 4, a 1/2" found iron rod at
a fence comer post and at the Southwest comer of Lot 5 of Block 170 of a tract of
land conveyed to Weldon Hilliard et al, a Texas General Partnership in Real
Property 1105 Page 293, and in thc North line of an alley, Go North 00002'27"
East along the East line of Lot 4 and the West line of Lot 5 Block 170 of the City
of Paris, State of Texas, a distance of 128.89 feet to a 1/2" set iron rod along a
fence, for the Point of Beginning and the Southeast comer of this permanent 30.0
feet utility easement.
Thence: South 85°25'35'' West passing the F_~st side of Southwest 4th
Street at 883.44 feet and continuing a total distance of 896.13 feet to a V2" set iron
rod set along a fence and the West side of Lot 4 Block 170 of the City of Paris,
State of Texas, in the West property line of the referenced tract in Volume 498
Page 45 Real Property Records, Larnar County, Texas, for the Southwest comer
of this permanent 30.0 feet utility easement.
Thence: North 00°08'02" East with the West line of Volume 498 Page 45
Real Property Records, a distance of 30.10 feet to a %" set iron rod set along a
fence, for the Northwest comer of this utility easement.
Thence: North 85 °25'35" East passing the East side of Southwest 4th Street
at 11.69 feet and continuing a total distance of 896.04 feet to a 1/~,, set iron rod
along a fence in the East property line of the referenced tract in Volume 498 Page
45 Real Property Records, and the West line of the referenced tract in Volume
1105 Page 293 Real Property Records of Lamar County, Texas, for the Northeast
comer of this permanent 30.0 feet utility easement.
Thence: South 00002'27'' East a distance of 30.09 feet along a fence in the
East property line of the referenced tract in Volume 498 Page 45 Real Property
Records, and the West line of the referenced tract in Volume 1105 Page 293 Real
Property Records of Lamar County, Texas to the POINT-OF-BEGINNING and
containing 0.617 acres of land.
The above field notes being taken from an actual survey made on the ground by
Mark L Sanderson, Registered Land Surveyor of Texas #4911, February 18, 2003,
reference being here made to all instruments and records for all necessary
purposes.
and further give and grant a temporary construction easement described as follows:
BEING 0.617 acres of land, a part of the Larkin Rattan Survey No. 778,
lying and being a part of Lot 4 Block 170 of the City of Paris, Lamar County,
Texas. The said Lot 4 being a part of the property as described in a Special
Warranty Deed from Consolidated Nutrition, L.C., an Iowa Limited Liability
Company to Rodgers-Wade Manufacturing Company Inc., dated December
19,1994 of record in Volume 498 Page 4:5 Real Property Records, Lamar County,
Texas. The said 0.617 acre easement being described by metes and bounds as
follows:
Standing at the Southeast comer of the said Lot 4, a 1/:,, found iron rod at
a fence comer post and at the Southwest comer of Lot :5 of Block 170 of a tract of
land conveyed to Weldon Hilliard et al, a Texas General Partnership in Real
Property 110:5 Page 293, and in the North line of an alley, Go North 00002'27''
East along the East line of Lot 4 and the West line of Lot :5 Block 170 of the City
of Paris, State of Texas, a distance of 98.80 feet to a ;/:" set iron rod along a
fence, for the Point of Beginning and the Southeast comer of this construction
easement.
Thence: South 8:502:5'3:5'' West passing the East side of Southwest 4th Street at
882.:54 feet and continuing a total distance of 896.22 feet to a 1/:,, set iron rod set
along a fence in the West property line of the referenced tract in Volume 498 Page
4:5 Real Property Records, and the West side of LOt 4 Block 170 of the City of
Paris, State of Texas, Lamar County, Texas, for the Southwest comer of this
construction easement.
Thence: North 00008'02" East with the West line of Volume 498 Page 45
Real Property Records, a distance of 30.10 feet to a 1/2" set iron rod set along a
fence, for the Northwest comer of this construction easement. Thence: North
85°25'35'' East passing the East side of Southwest 4th Street at 11.69 feet and
continuing a total distance of 896.13 feet to a xh" set iron md along a fence in the
East property line of the referenced tract in Volume 498 Page 45 Real Property
Records, and the West line of the referenced tract in Volume 1105 Page 293 Real
Property Records of Lamar County, Texas, for the Northeast comer of this
construction easement.
Thence: South 00°02'27" East a distance of 30.09 feet along a fence in the
East property line of the referenced tract in Volume 498 Page 45 Real Property
Records, and the West line of the referenced tract in Volume 1105 Page 293 Real
Property Records of Lamar County, Texas to the POINT-OF-BEGINNING and
containing 0.617 acres 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 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 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.
RODGERS & WADE MANUFACTURING,
A DIVISION OF
LEGGETT & PLATT, INCORPORATED
ATTEST: Ernest C. Jet, Vice President
Robert B. Kinz, Assist. Secretary
STATE OF MISSOURI }
COUNTY OF JASPER ' }
BEFORE ME, the undersigned authority, on this day personally appeared Ernest C. Jett,
Vice President of Rodgers & Wade Manufacturing, a division of Leggett & Platt, Incorporated,
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 day of ,2003.
Notary Public, State of Missouri
RETURN TO: City Attorney, City of Paris
P. O. Box 9037
Paris, TX 75461-9037