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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