06-L Don Lester EsmtDRAFT
F:~Attorney~ALICEkRESWORK\CURRENT\Lester, Don -Hwy 271- 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
A PERMANENT FORTY-FIVE (45) FOOT UTILITY EASEMENT ON
PROPERTY BELONGING TO DON LESTER, BEGINNING AT THE
NORTH BOUNDARY LINE OF STATE HIGHWAY 271 GOING NORTH
ACROSS LOT 2, CITY BLOCK 347 TO THE NORTH BOUNDARY LINE OF
SAID LOT 2 A DISTANCE OF APPROXIMATELY 900 FEET, FOR THE
CONSTRUCTION OF A WATER LINE; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, the City Engineer has advised the City Council of the need for a permanent
utility easement in order to construct a water line across property belonging to Don Lester, being
Lot 2, City Block 347; and,
WHEREAS, the easement description is shown on Exhibit A, attached hereto; and,
WHEREAS, the City Council finds that the above-described utility easement is necessary
for the construction of a water line and that the same should be accepted; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS:
Section 1. That the findings set out in the preamble to this resolution are hereby in all
things approved.
Section 2. That the permanent utility easement situated in Lot 2, City Block 347,
belonging to Don Lester, to be used for the construction of a water line or other similar utility,
such easements 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
SURVEY # 03-041 SHEET 1 OF 2 SHEETS
45 FOOT WIDE WATER LINE EASEMENT
Dee~ Records Volume 638, Page 114 , J'
PARIS CITY BLOCK 650, Page 11
NO. 347
PARIS CITY BLOCK
NO. 353
EXHIBIT
Survey # 03-041 SHEET 2 OF 3 SHEETS
45.0 FOOT WIDE WATER LINE EASEMENT
Being 0.908 acres of land, a part of the Joseph Leach Survey No. 259, lying and being a
part of Lot 2 of Block 347 of the City of Paris, Lamar County, Texas. Thc said Lot 2
being a part of the property as described iu a Warranty Deed from J.C. Isom and wife
Mary F. lsom to F.M. Lestcr, dated March 19, 1945 of record iu Volume 272 Page 504
Deed Records, Lamar County, Texas. The said 0.908 acre casement being described by
metes and bounds as follows:
Standing at the Northeast comer of the said F.M. Lester tract and also at the Northeast
comer o f a Warranty Deed from Victor W. Foster to F.M. Lester, dated May 30, 1966 of
recorded in Volume 444 Page 88 Deed Records, Lanlar County, Texas, and in the South
line ora Deed without Warranty from thc Missoun'i Pacific Railroad Company Io Tile
Greater Paris Developmeut Foundation recorded iu Volume 638 Page 114 Deed
Records, Lamar Couuty, Texas, a fence comer post, Go South 68°32'35'' West passing
the Northwest comer of the F.M. Lester tract recorded in Volume 444 Page 88 Deed
Records, Lamar County, Texas and the Northeast comer of the F.M. Lester the
reolaiudcr ora tract described iu a Warranty Deed from J.C. lsom and wife Mary F. lsom
to F.M. Lcstcr, dated March 19, 1945 of record ill Volume 272 Page 504 Deed Records,
Lamar County, Texas City of Paris, at a distance of 150~50 and continuiug a total distance
of 199.01 feet to a 1/2" set iron rod along a fcoce and also being 5 feet East of the West
side of a 50 feet wide private road, for the Point of Beginning and the Northwest corner
of this water line easement.
Thence: North 68032'35'' East xvith the North line of the F.M. Lester remainder tract of
record in Volume 272 Page 504 Deed Records, Lamar County, Texas of the City of
Paris, State of Texas, and in thc South line of The Greater Paris Developmcut
Foundation tract, a distance of 16.14 feet to a 1/2" set iron rod along a fence, for the
Nortlmmmost Northeast comer of this watcr linc casement.
Thence: South 00°10'22'' West leaving the North line of the F.M. Lester remainder tract
ofmcord iu Volume 272 Page 504 Deed Records, Lamar County, Texas of the City of
Paris, State of Texas, and the South line of The Greater Paris Development Foundation
tract, a distance of 5.38 feet to a I/2" set iron rod, for an inside comer of this water lille
easement.
Thence: Noah 68032'35'' East a distance of 32.27 to the East side ora 50 feet wide
private mad, and in the West side of the F.M. Lester tract recorded in Volume 444 Page
88 Deed Records, Lamar County, Texas and the East line of the F.M. Lester remaindefi ~'
tract &record in,.Volume 272 Page 504 Deed Records, La nar Cou lty, Texas City of:
Paris, to a I/2" scl iron rod for thc most Easterly Northeast comer of this constructiou
Thence: South 00o10'22" West passing the Northeast comer of Lot 2 Block 347 and the
Northwest of Lot 1 Block 353 comer of the City of Paris, State of Texas, at a distance of
192.46 and coutinuing a total distance of 898.22 feet along the East side ora 50 feet wide
private mad, aud the West line of the following adjoiners of Block 353 of the City of
Paris,Texas, F.M. Lester recorded in Volume 444 Page 88, Victor W. Foster Lot 2-A
recorded itl Volume 391 Page 22, Ernest Taylor Lots 2 and 1-D recorded io Volunle 650
Page 11 and in Volume 389 Page 116, James D. Hutchens Lot I-A recorded in Volume
610 Page 580, Barney Bray Ill Lot I-B recorded in Volume 610 Page 797, Don Lester
Lots I and I-C of record in Volume 272 Page 504 Deed Records, Lamar County, Texas,
to a 1/2" set iron rod in the North Right-of-Way of State Highway 271, for the Souteast
Comer of this construction easement.
Survey # 03-041 SHEET 3 OF 3 SHEETS
45.0 FOOT }VIDE IV,4TER LINE E,4SEMENT
Thence: North ~0°36'40'' West along a curve to tim right with the North Right-of-Way
of State Highway 271. a distance orS1.56 feet, Radius =3769.72', D = 01°31'12". Delta --
00°47'01", Chord = 51.56', Tangent = 25.78', to a 1/2" set iron rod at North Right-of-Way
of State Highway 271, and also being 5 feet East of the West side of a 50 feet wide
private road, to a I/2" set iron rod for thc Southxvcst comer of this construction
easement.
Thence: North 00"10'22" West passing the North line of Lot 2 Block 347 of the City of
Paris, State of Texas, at a distance of 712.07 and continuing a total distancea distance of
860.58 feet, along and being 5 feet East of the West side ora 50 feet wide private road, to
the POINT-OF-BEGINNING and containing 0.908 acres of land.
1, 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 2-21-
2003 and are truc and corrcct.
M,4RK L. S'4NDERSON R.P.L.S. 04911
UTILITY EASEMENT
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR
That I, Don Lester 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 casement
described as follows:
BEING 0.908 acres of land, a part of the Joseph Leach Survey No. 259, lying
and being a part of Lot 2 of Block 347 of the City of Paris, Lamar County, Texas.
The said Lot 2 being a part of the property as described in a Warranty Deed from J.C.
Isom and wife Mary F. Isom to F.M. Lester, dated March 19, 1945 of record in
Volume 272 Page 504 Deed Records, Lamar County, Texas. The said 0.908 acre
easement being described by metes and bounds as follows:
Standing at the Northeast comer of the said F.M. Lester tract and also at the
Northeast comer ora Warranty Deed from Victor W. Foster to F.M. Lester, dated
May 30, 1966 of recorded in Volume 444 Page 88 Deed Records, Lamar County,
Texas, and in the South line of a Deed without Warranty from the Missouri Pacific
Railroad Company to The Greater Paris Development Foundation recorded in Volume
638 Page 114 Deed Records, Lamar County, Texas, a fence comer post, Go South
68032'35'' West passing the Northwest comer of the F.M. Lester tract recorded in
Volume 444 Page 88 Deed Records, Lamar County, Texas and the Northeast comer
of the F.M. Lester the remainder ora tract described in a Warranty Deed from J.C.
Isom and wife Mary F. Isom to F.M. Lester, dated March 19, 1945 of record in
Volume 272 Page 504 Deed Records, Lamar County, Texas City of Paris, at a
distance of 150.50 and continuing a total distance of 199.01 feet to a 1/z" set iron rod
along a fence and also being 5 feet East of the West side ora 50 feet wide private road,
for the Point of Beginning and the Northwest comer of this water line easement.
THENCE: North 68°32'35' East with the North line of the F.M. Lester
remainder tract of record in Volume 272 Page 504 Deed Records, Lamar County,
Texas of the City of Paris, State of Texas, and in the South line of The Greater Paris
Development Foundation tract, a distance of 16.14 feet to a ~,~" set iron rod along a
fence, for the Northernmost Northeast comer of this water line easement.
THENCE: South 00o10'22"' West leaving the North line of the F.M. Lester
remainder tract of record in Volume 272 Page 504 Deed Records, Lamar County,
Texas of the City of Paris, State of Texas, and the South line of The Greater Paris
Development Foundation tract, a distance of 5.38 feet to a ~,~" set iron rod, for an
inside comer of this water line easement.
EXHIBIT.J ..
THENCE: North 68032'35'' East a distance of 32.27 to the East side of a 50
feet wide private road, and in the West side of the F.M. Lester tract recorded in
Volume 444 Page 88 Deed Records, Lamar County, Texas and the East line of the
F.M. Lester remainder tract of record in Volume 272 Page 504 Deed Records, Lamar
County, Texas City of Paris, to a ~,6" set iron rod for the most Easterly Northeast
corner of this construction easement.
THENCE: South 00° 10'22" West passing the Northeast comer of Lot 2 Block
347 and the Northwest of Lot 1 Block 353 comer of the City of Paris, State of Texas,
at a distance of 192.46 and continuing a total distance of 898.22 feet along the East
side of a 50 feet wide private road, and the West line of the following adjoiners of
Block 353 of the City of Paris, Texas, F.M. Lester recorded in Volume 444 Page 88,
Victor W. Foster Lot 2-A recorded in Volume 391 Page 22, Ernest Taylor Lots 2
andl-D recorded in Volume 650 Page 11 and in Volume 389 Page 116, James D.
Hutchens Lot 1-A recorded in Volume 610 Page 580, Barney Bray III Lot 1-B
recorded in Volume 610 Page 797, Don Lester Lots 1 and 1-C of record in Volume
272 Page 504 Deed Records, Lamar County, Texas, to a t/2" set iron rod in the North
Right-of-Way of State Highway 271, for the Southeast Comer of this construction
easement.
THENCE: North 60o6'40" West along a curve to the right with the North
Right-of-Way of State Highway 271, a distance of 51.56 feet, Radius = 3769.72', D
= 01°1'12'', Delta = 00 47'01", Chord = 51.56', Tangent = 25.78' to a ¥~" set
iron rod at North Right-of-Way of State Highway 271, and also being 5 feet East of
the West side ora 50 feet wide private road, to a %" set iron rod for the Southwest
comer of this construction easement.
THENCE: North 00° 10'22" West passing the North line of Lot 2 Block 347
of the City of Paris, State of Texas, at a distance of 712.07 and continuing a total
distancea distance of 860.58 feet, along and being 5 feet East of the West side of a 50
feet wide private road, to the POINT-OF-BEGINNING and containing 0.908 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 21,
2003, reference being here made to all instruments and records for all necessary
purposes.
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 hind 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 March, 2003.
Don Lester
STATE OF TEXAS }
COUNTY OF LAMAR }
BEFORE ME, the undersigned authority, on this day personally appeared Don Lester, 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 March, 2003.
Notary Public, State of Texas
RETURN TO: City Auomey, City of Pads
P. O. Box 9037
Pads, TX 75461-9037