06-G Retirement Village EsmtDRAFT
F:kAttorneykALICEkRESWORK\CURRENT\Chamy, Joe 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 UTILITY EASEMENT AND TEMPORARY
CONSTRUCTION EASEMENT ACROSS THE FIRST, SECOND, AND
THIRD TRACTS OUT OF THE ASA JARMAN SURVEY, ABSTRACT 479,
AND CONVEYED TO PAYMORE, INC., BEGINNING IN THE SOUTH
BOUNDARY LINE OF WEST WASHINGTON STREET, FOR THE
CONSTRUCTION OF A SEWER LINE BY AND IN FURTHERANCE OF
THAT PROJECT KNOWN AS PARIS RETIREMENT VILLAGE TO BE
CONSTRUCTED BY JOE CHAMY, ET AL; 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 and temporary construction easement in order to construct a sewer line; 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 sewer line by Joe Chamy, et al, in furtherance of that project known as
Paris Retirement Village, 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 and temporary construction easement
situated in the First, Second, and Third Tracts out of the Asa Jarman Survey, Abstract 479, and
conveyed to Paymore, Inc., to be used for the construction of a sewer line or other similar utility,
by Joe Chamy, et al in furtherance of that project known as Paris Retirement Village, 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.
Michael J. Pfiester, Mayor
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney
Field Notes
20' Utility Easement
Situated within the Corporate Limits of the City of Paris, Lamar County, Texas, a
part of the Asa Jarman Survey, Abstract 479, also being a part of the First, Second and
Third Tracts conveyed to Paymore, Inc., by deed recorded in Volume 498, Page 315, of
the Lamar County Deed Records, and being further described as follows:
Beginning at a point in the South Boundary Line of West Washington Street, said
point being located South 89° 54' 05" West a distance of 772.51 feet from the Northeast
corner of said Third Tract;
· Thehce South 38° 33' 46"
Thence South 38° 10' 33"
Thence South 03° 18' 53"
East a distance of418.09 feet to a point for corner;
East a distance of 499.40 feet to a point for corner;
East a distance of 1004.42 feet to a point for corner;
Thence South 11° 13' 41" West, at approximately 427 feet passing the center of
the abandoned Missouri-Pacific Railroad right-of-way, continuing in ail a distance of
499.28 feet to a point for corner;
Thence South 11° 21' 19"
Thence North 70° 43' 29"
Thence North 11° 21' 19"
East a distance of 503.92 feet to a point for corner;
West a distance of 23.24 feet to a point for corner;
West a distance of 496.08 feet to a point for corner;
Thence North 11° 13' 41" East, at approximately 67 feet passing the center of the
abandoned Missouri-Pacific Railroad right-of-xvay, continuing all a distance of 500.72
feet to a point for corner;
Thence North 03° 18' 53" West a distance of 995.58 feet to a point for corner;
Thence North 38° 10' 33" West a distance of 493.06 feet to a point for corner;
Thence North 38° 33' 46" West a distance of 433.91 feet to a point for corner in
the South Boundary Line of West Washington Street;
Thence North 89° 54' 05" East a distance of 25.54 feet to the place of beginning,
and containing 58444.60 square feet of land, of which 2210.86 square feet lie within said
abandoned railroad right-of-way.
EXHIBIT. ..
UTILITY EASEMENT
STATE OF TEXAS }
COUNTY OF LAMAR }
KNOW ALL MEN BY THESE PRESENTS:
That we, William B. Payne of Gregg County, Monte M. Moore of Lamar County, Kelly Moore
of Collin County, Texas, and Blake Moore, Jr. of Bryan County, Oklahoma, individually and d/b/a
Paymore (formerly Paymore, Inc.), (hereinafter referred to as Grantors) for and in consideration of the
sum of ONE DOLLAR ($1.00) cash, and other good and valuable consideration, to us in hand paid by
the CITY OF PARIS, Paris, Texas, the receipt and sufficiency of which is hereby acknowledged, do
hereby sell, give and grant unto the said CITY OF PARIS, a municipal corporation, of Lamar County,
Texas (hereinafter referred to as Grantee), a perpetual utility easement described as follows:
SITUATED within the corporate limits of the City of Paris, County of Lamar and
State of Texas, a part of the Asa Jarman Survey, Abstract 479, also being a part of the
First, Second, and Third Tracts conveyed to Paymore, Inc. by deed recorded in Volume
498, Page 315 of the Lamar County Deed Records, and being more particularly described
in metes and bounds as follows:
BEGINNING at a point in the South Boundary Line of West Washington Street,
said point being located South 89o54'05'' West a distance of 772.51 feet from the
Northeast corner of said Third Tract;
THENCE South 38°33'46" East a distance of 418.09 feet to a point for corner;
THENCE South 38°10'33" East a distance of 499.40 feet to a point for corner;
THENCE South 03°18'53" East a distance of 1004.42 feet to a point for corner;
THENCE South 11°13'41" West, at approximately 427 feet passing the center
of the abandoned Missouri-Pacific Railroad right-of-way, continuing in all a distance of
499.28 feet to a point for corner;
THENCE South 1 l°21'19'' East a distance of 503.92 feet to a point for corner;
THENCE North 70o43'29'' West a distance of 23.24 feet to a point for corner;
THENCE North 1 l°21'19'' West a distance of 496.08 feet to a point for corner;
THENCE North 11°13'41" East, at approximately 67 feet passing the center of
the abandoned Missouri-Pacific Railroad right-of-way, continuing in all a distance of
500.72 feet to a point for corner;
THENCE North 03 °18'53" West a distance of 995.58 feet to a point for corner;
THENCE North 38°10'33" West a distance of 493.06 feet to a point for corner;
THENCE North 38o33'46'' West a distance of 433.91 feet to a point for corner
in the South Boundary Line of West Washington Street;
THENCE North 89°54'05" East a distance of 25.54 feet to the place of beginning,
and containing 58444.60 square feet of land, of which 2210.86 square feet lie within said
abandoned railroad right-of-way.
EXHIBIT B
and further give and grant a temporary construction easement described as follows:
BEING two (2) strips strip of land twenty-five (25) feet in width situated within
the corporate limits of the City of Paris, County of Lamar and State of Texas, a part of
the Asa Jarman Survey, Abstract 479, also being a part of the First, Second, and Third
Tracts conveyed to Paymore, Inc., by deed recorded in Volume 498, Page 315, of the
Lamar County Deed Records, with one twenty-five (25) foot temporary easement being
twenty-five (25) feet East of the East boundary line of the permanent easement granted
herein and the other twenty-five (25) foot temporary easement being twenty-five (25) feet
West of the West boundary line of the permanent easement granted herein, with both
temporary easements running parallel with said permanent easement.
TO HAVE AND TO HOLD the above property unto the CITY OF PARIS for the purposes
aforesaid, with the right and privilege at any and all times to 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 provided further, that the Grantors 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 successors and assigns, heirs 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 13th day of March, 2003.
GRANTORS
SIGNED this __ day of March, 2003.
Monte Moore, individually and
d/b/a Paymore
STATE OF TEXAS }
COUNTY OF LAMAR }
BEFORE ME, the undersigned authority, on this day personally appeared Monte Moore,
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
SIGNED this day of March, 2003.
Blake Moore, Jr., individually and
d/b/a Paymore
STATE OF }
COUNTY OF }
BEFORE ME, the undersigned authority, on this day personally appeared Blake Moore, Jr.
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
SIGNED this day of March, 2003.
Kelly Moore, individually and
d/b/a Paymore
STATE OF TEXAS }
COUNTY OF }
BEFORE ME, the undersigned authority, on this day personally appeared Kelly Moore, 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
SIGNED this day of March, 2003.
William B. Payne, individually and
d/b/a Paymore
STATE OF TEXAS }
COUNTY OF GREGG }
BEFORE ME, the undersigned authority, on this day personally appeared William B. Payne,
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 ATTORNEY, CITY OF PARIS
P. O. Box 9037
Paris, TX 75461-9037