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06-H Accept Util Esmt B Bray DRAFT 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 ON PROPERTY BELONGING TO BARNEY W. BRAY, III, AND JOSH A. BRAY, BEGINNING AT THE SOUTHEAST CORNER OF BRAY PROPERTY IN THE NORTH RIGHT-OF- WAY LINE OF FM HIGHWAY NO. 1507, ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF APPROXIMATELY 2521 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 Barney W. Bray, m and Josh A. Bray, being a called 95.39 acre tract located in the Larkin Rattan Survey, A-778; and, WHEREAS, thc easement description is shown on Exhibit A, at~ached hereto; and, WHEREAS, thc City Council finds that the above-described utility casement is necessary for the construction of a water line and that thc 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 thc permanent utility easement situated in a called 95.39 acre tract of land belonging to Barney W. Bray, III and Josh A. Bray, beginning at the Southeast corner of thc Bray property in the North right-of-way linc of FM Highway No. 1507 along said right-of-way linc a distance of approximately 2521 feet, to be used for the construction of a water line or other similar utility, such easement substantially in thc form attached hereto as Exhibit B, be, and the same is 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 July, 2003. Curtis Fendley, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney EXHIBIT _~. FIELD NOTES Utility Easement 0.7124 Acres Larkin Rattan Survey, A-778 Lamar County, Texas June 2003 Being 0.7124 acres of land, situated within the Corporate Limits of the City of Patis, County of Lamar, State of Te×as, b~ing a part of the Larkin Rattan Survey, Abstract No. 778, also being a part ora called PARCEL ONE, a 95.39 acre tract of land, save and except 3.597 acres of land, conveyed from William D. Vaughan, Jr. to Barney W. Bray, III and Josh A. Bray, on August 31, 2000, recorded in Vol. 1007, Page 244 of thc Real Property Records of said County. The said 0.7124 acre tract being described more particularly in metes and bounds as follows: Beginning at a found iron rod at the Southeast comer of said PARCEL ONE, said comer also being in the North right-of-way line ofF. M. Highway No. 1507; Thence, with the said right-of-way line, N 55°37'53'' W, a distance of 129.99 feet to a set iron rod at the beginning ora curve; Thence with a curve to the left, a distance ofq~q2feet to a found concrete monument at the end of the curve. The radius of the 2°56'18'' curve is 1949.86 and the central angle is 13003'33''. The chord length is 443.46 feet at a beating of N 62o08'07" W; Thence N 68°34'42'' W, continuing with the said North right-of-way line, a distance of 1260.43 feet to a set iron rod, at the beginning ora curve; Thence with a curve to the right, a distance of 78.72 feet to a set iron rod at the end of the curve. The radius of the 00o30'06" curve is 11419.16 feet and the central angle is 00°2Y42''. The chord length is 78.72 feet at a bearing of N 68°22'51" W; Thence N 68°11'00" W, continuing with the said right-of-way line, along the reference beating, a distance of 1130.64 feet to a fence comer at the Southwest comer of said PARCEL ONE; Thence N 1°39'36' E, with the West boundary line of said PARCEL ONE, a distance of 10.65 feet to the most Northerly comer of the said 0.7124 acre tract of land; Thence S 68°11'00" E, with the North boundary line of the said 0.7124 acre tract of land, a distance 1134.26 feet to the beginning of a curve; Thence with a curve to the left, a distance of 78.66 feet to the end of the curve. The radius of the 00°30'08'' curve is 11409.16 feet and the central angle is 00°2Y42''. The chord length is 78.66 feet at a beating of S 68°22'51" E; Thence S 68034'42" E, continuing with the North boundary line of the said 0.7124 acre tract of land, a distance of 362.58 feet to a set iron rod; Thence N 21°25'18" E, a distance of 59.45 feet to a set iron rod; Thence S 68034'42'' E, a distance of 10.00 feet to a set iron rod; Thence S 21°25'18" W, a distance of 59.45 feet to a set iron rod; Thence S 68°34'42" E, a distance of 887.87 feet to the beginning of a curve; Thence with a curve to the right, a distance of 446.70 feet to the end of the curve. The radius of the 2055'25" curve is 1959.86 feet and the central angle is 13°03'33". The chord length is 445.74 feet at a bearing of S 62008'07'. E; Thence S 55037'53'' E, a distance of 123.37 feet to the East boundary line of said PARCEL ONE; Thence S 00°51'24" W, with the East boundary line of said PARCEL ONE, a distance of 12.00 feet to the point of beginning, containing 0.7124 acres of land. This utility easement is subject to three channel easements conveyed to the State of Texas: 1. A called 0.09 acres recorded in Vol. 316, Page 294 of the Deed Records of said County. 2. A called 0.18 acres recorded in Vol. 316, Page 294 of the Deed Records of said County. And 3. A called 0.49 acres recorded in Vol. 316, Page 294 of the Deed Records of said County. I, KENNETH RAY JONES, REGISTERED PROFESSIONAL LAND SURVEYOR, #3332, STATE OF TEXAS, HEREBY CERTIFY THE ABOVE IS TAKEN FROM MEASUREMENTS MADE UPON THE GROUND. JUN 1 3 003 UTILITY EASEMENT STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR That we, Barney W. Bray, III and Josh A. Bray, 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 thc 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 0.7124 acres of land, a part of the Larkin Rattan Survey No. 778, also being a part of a called PARCEL ONE, a 95.39 acre tract of land, save and except 3.597 acres of land, conveyed from William D. Vaughan, Jr. to Barney W. Bray, III and Josh A. Bray, on August 31, 2000, recorded in Vol. 1007, Page 244 of the Real Property Records of said County. The said 0.7124 acre tract being described more particularly in metes and bounds as follows: BEGINNING at a found iron rod at the Southeast comer of said PARCEL ONE, said corner also being in the North right-of-way line of F. M. Highway No. 1507; THENCE, with thc said right-of-way line, N 55037'53" W, a distance of 129.99 feet to a set iron rod at the beginning of a curve; THENCE with a curve to the left, a distance of 444.42 feet to a found concrete monument at thc end of thc curve. Thc radius of the 2°56, 18" curve is 1949.86 and the central angle is 13°03'33'. The chord length is 443.46 feet at a bearing of N 62°08'07" W; THENCE N 68°34'42" W, continuing with the said North right-of-way line, a distance of 1260.43 feet to a set iron rod, at the beginning of a curve; THENCE with a curve to the right, a distance of 78.72 feet to a set iron rod at the end of the curve. The radius of the 00°30'06' curve is 11419.16 feet and the central angle is 00°23'42~. The chord length is 78.72 feet at a bearing of N 68°22'51' W. THENCE N 68 °11 '00' W, continuing with the said right-of-way line, along the reference bearing, a distance of 1130.64 feet to a fence comer at the Southwest comer of said PARCEL ONE; THENCE N 1 ° 39' 36' E, with the West boundary line of said PARCEL ONE, a distance of 10.65 feet to the most Northerly comer of the said 0.7124 acre tract of land; THENCE S 68 ° 11 '00' E, with the North boundary line of the said 0.7124 acre tract of land, a distance of 1134.26 feet to the beginning of a curve; EXHIBIT.J .. THENCE with a curve to the left a distance of 78.66 feet to the end of the curve. The radius of the 00°30'08' curve is 11409.16 feet and the central angle is 00°23'42~'. The chord length is 78.66 feet at a bearing of S 68°22'51" E; THENCE S 68°34'42' E, continuing with the North boundary line of the said 0.7124 acre tract of land, a distance of 362.58 feet to a set iron rod; THENCE N 21°25'18" E, a distance of 59.45 feet to a set iron rod; THENCE S 68o34'42" E, a distance of 10.00 to a set iron rod; THENCE S 21°25' 18" W, a distance of 59.45 feet to a set iron rod; THENCE S 68°34'42' E, a distance of 887.87 feet to the beginning of a curve; THENCE with a curve to the right, a distance of 446.70 feet to the end of the curve. The radius of the 2°55'25" curve is 1959.86 feet and the central angle is 13°03'33'. The chord length is 445.74 feet at a bearing of S 62008'07" E; THENCE S 55037'53" E, a distance of 123.37 feet to the East boundary line of said PARCEL ONE; THENCE S 00 o51'24" W, with the East boundary line of said PARCEL ONE, a distance of 12.00 feet to the point of beginning, containing 0.7124 acres of land. This utility easement is subject to three channel easements conveyed to the State of Texas: 1. A called 0.09 acres recorded in Vol. 316, Page 294 of the Deed Records of said County; 2. a called 0.18 acres recorded in Vol. 316, Page 294 of the Deed Records of said County; and, 3. a called 0.49 acres recorded in Vol. 316, Page 294 of the Deed Records of said County. The above field notes being taken from an actual survey made on the ground by Kenneth Ray Jones, Registered Land Surveyor of Texas, #3332, June 13, 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. 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 July, 2003. Barney W. Bray, III Josh A. Bray STATE OF TEXAS } COUNTY OF LAMAR } BEFORE ME, the undersigned authority, on this day personally appeared Barney W. Bray, III and Josh A. Bray, 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 July, 2003. Notary Public, State of Texas RETURN TO: CITY ATTORNEY, CITY OF PARIS P. O. Box 9037 Paris, TX 75461-9037