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HomeMy WebLinkAboutR20-465301 1 RESOLUTION R20-465. A RESOLUTION OF THE CITY COUNCIL OF THE CITY 'OF PLAINVIEW ACCEPTING: RIGHT OF WAY EASEMENT FROM JAMES BROS. IMPLEMENT COMPANY, INC. LOCATED ON THE=SOUTH SIDE OF THE JAMES BROS. IMPLEMENT COMPANY PROPERTY;. 3201 N. 1-27, SOMETIMES REFERRED TO AS XENIA STREET. WHEREAS, the City of Plainview as a home rule municipality and political subdivision of the: State of Texas. and in accordance with the constitution of the state and as authorized by Texas Local Government Code § 273.001., may acquire real property as a right=of-way for public street and utility purposes, including the right of irig.ress, egress, and regress therein, and may establish easements to: construct, maintain, public streets. and utilities; -and -WHEREAS,. James Bros. Implement Company, Inc. owns certain real property located within the municipal limits of the City of Plainview and desires to dedicate: to the benefit of :the City of :Plainview a right-of-way easement/street dedication: described as "1.030 Acres Across James Brothers" in the survey dated September 17, 2019, prepared by Carl .Joe Williams RPLS #2120, of:the South Part of -the NW/4 of Survey35, Block JK-2, Plainview,. Hale County, Texas which is attached hereto as Exhibit "A to be utilized by the City of Plainview for public right-of-way purposes; and WHEREAS, the City of'Plainview, as a home. rule municipal ity.and in accordance with:§§51.076(a) and:27.3.001 of the Texas. Local Government Code may accept and hold property that it receives -by gift, for the benefit of the citizens of, the: City of Plainview for public right -of -Way purposes; and WHEREAS, the -City Council of the City of Plainview believes it to be in the best interest of the citizens of the City of Plainview to accept this easement; NOW THEREFORE;. BE IT RESOLVED by the.- City Council :of the: City of Plainview, Texas: 1.. THAT the findings recitals outlined above :are found to be true and correct and are hereby adopted -and approved. 2. THAT the City accept from James Bros. Implement Company, Inc. the right of way easement and' the terms and conditions outlined therein which is attached hereto and incorporated herein as though set forth fully therein. 3.. THAT the Mayor is hereby- authorized and directed to enter into and execute the attached right of way easement. and any such documents as necessary to acquire and accept the easement as outlined in this resolution. Page 1, of 2 .302 Passed and -approved this 28th day of January, 2020. ATTEST: &"e6ka-Z -Z � Belinda Hinojosa, City S etary APPROVED AS TO APPROVED..AS.TO FORM: A � � � e<-- 4 �� Matt6ew L. Wade, City Attorney Wendell Dunlap, Mayor Page 2. of 2 I 1 1 EXHIBIT "A." - c I]9 130 F,u X 4p, to SS e� �•r-r . Rem � , r �ti e �,F ,t b Remaining 13:861 Acres out -of James Bro. Imp. Co 13.909 Ac. N. of Road r Street Dedicatim 1.030 Ac. Jy e,arap, Vol- W%.p.363 NW/4 4 '6� West 724' SWA .' / 'Cam 2.70&Ac. S. of Road I Out of SWl4 Sec. 35, JK-2 / JK.; "_ 2 R. Jack James Living Trust •' V.843.p,559 / East of Canyon Street to James Brothers 14.939 Ac. Double Taxed to North of Railroad South of Rogers & Williams James Bro_ Impliment Beiag;a 0.946 acre $Erect Dedication oul of the South part of the Northwest Quarter of Section 35, Block 1K-2. Hale County, Texas: BEGINNING at the intersection of the North right of way'lioe of FW&D Railroad and.the East right of way line of Canyon Street (dedicated Volume 645, page 469. HCDR), said intersection being 2257.250' South and 1129,130' East of the NW comer of Section 35, Block JK-2, Hale County, Teicas;, THENCE S.61 ?I 6'54"E. 3.1 Sfeet along said 'railroad right -of way -line to a point of curvature; THENCE an are length of 669.27 feet along said right of way line (concentric and 50 feet NEIy of -the centerline of said railroad) around a curve to the right having a rad i4 point bearing S.28.''43'06'W. 2914.79 feet and a chord bearing S.54°42'14"E. 667.8,feet to the moss Westerly comer of. the James.Brothers 14.939 acre tract (Volume 656, p. 363, HCDRj at the intersection of the South line of said NW/4 of Section 35, JK-2 said intersection being 2644.624' South and 16761926' East of the NW comer of.Section 35. Block JK-2, Hale County, Tcxas: THENCE N.28"33'43"Ec84,98-feet along the West line of said 14.939 acre tract to a' point in the'SoulhJine of the south line of the Dale Williams 5.035 acre tract (Volume 795, p. 421,"HCDR): THENCE Northwesterly an arc length of 112.23 feet, around a curve to the.right having a radius point bearing N.17°58'1 Vi''E, 300 feet, andd-a chord hearing N.61"l8'55"W: .11. 1,58 feet to, a -point of tangency - THENCE an are length, of 554.8 feet around a curve to the left, (concentric and 60 feet NEIy of said rrilroad.right of way line), said curve having a radius of 2974.79 feet and a chord bearing N.55°5617"W, 554 feet to a point of tangency; THENCE'N.61°16'54"W: 3.15 feet to the East right of way line of Canyon Street; THENCE S.2e43'06''W. 60 feet along said Canyon' Street dedication to the POINT OF BEGINNING. r� z E z The South Par Survey 35,: Plainview, Mi Z t e of the NW/4 of Block. JK-2 County, Texas 0 100• 20• scale: l-n 3W Project 3238 I qs� / ��0V 7' q1111egl�tercd 4� Carl toe Rofessional Land Surveyo}of Texas #2i2o POINT OF BEGINNING I I I W. 61h Street. Plainview TX.79072 2644.624 South P.O. Box 1.418 Plainview TX.79073 2400.926 East (806) 296-5217 (FaxfVoice) tithe NW Comer CJvisurvey@yahoo.nnn 'Sec35, JK-2 - 0 September 17.'2019. 1,030 Acres Across James Brothers of :: • c�srr.. C_A Rl._JOE_W_I LLIAMS 212(l .SUK� Being a 1 MO. acre Street Dedication along the South line of the Northwest Quarter of Section 35, Block JK-2, Hale County, Texas across Jamek'Brothers 14.939 acre tract (Volume 656, p..363, HCDR); BEGINNING at the intersection of the West right of way. line of Interstate Highway No. 27 and the South line of the Northwest Quarterof Section 35, Block JK-2. Hale. County, Texas said intersection being 2644.624' South and 2400.926' Easr'of the NW comer of Section 35. Block JK-2, Hale County, Texas; THENCE West'724.0 feet along the South line of said NW/4 to the intersection of the. North right, of way line of the FW&Daailroad (50 feel NEIy of railroad centerlinej, said intersection being 2644:624' South and 1676.926' East'ofthe NW comet of Section 35, Block JK-2. Hale County, Texas: THENCE-N 28°33'43"E. 84.98 feet to a point.in the West line of said James Brothers 14.939 acre tract; THENCE Southeasterly around a curve to the left having a radius point bearing N.17°5811"E. 300 feet, at 16.16 feel pass the SE'comer of the Dale Williams'5.035 acre tract (Volume 795, p: 421. .IiCDR), in all, an arc length of 94.09 feet and having a chord bearing S.81°00'447E. 93.7 feel lo'a point of tangency; THENCE East 654.52 feel to the West right of way1ine of Interstate. Highway No, 27: THENCE S.46°42'54'' W 87.51 feet along said right of way line to the POINT OF BEGINNING. W 0 W