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Home My WebLink AboutR20-4792 RESOLUTION No. -R20=479 RESOLUTION ACCEPTING: RIGHT-OF=WAY AND UTILITY EASEMENTS ALONG 24TH STREET FROM COLUMBIA STREET TO THE DIMMITT HIGHWAY FOR THE.24T" STREET PROJECT WHEREAS, the City Council :for the City of Plainview, Texas, as a horh.04ule municipality and pursuant to the constitution -and laws of the State of Texas including, but not limited to, Article 11, Section 5 of the Texas Constitution and Texas Local Government Code § 27&001.; :has the authority -to acquire property by gift, dedication, or purchase property for streets, boulevards, alleys; or other public ways;, and WHEREAS, .on November 7,. 2017, the citizens of the City of Plainview, Texas, approved the issuance of generalobligation bonds for -street and drainage improvements along.24th Street from: Columbia (BI-27). to the Dimmitt Highway (State Highway 1.94) (the "20 Street Project"); and WHEREAS, it :is necessary for :the. City of Plainview, as part of the: 24th Street Project, to acquire from a. number of property owners adjacent- to or in close .proximity to the location .of the 24th Street Project certain right-of=way and utility easements with the specific authority and rights outlined in the easements attached to --this resolution and " incorporated herein as though set forth fully herein (the Easements"); 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 Easements for the following properties and .attached to this resolution ,grant to the City of Plainview a permanent and perpetual right of way easement for the erection, construction, operation, maintenance, repair; :removal and replacement of a public roadway and all appurtenances thereto, and for all other .purposes for which an easement is commonly used including, without limitation, :constructing, installing, maintaining, altering, replacing, repairing,relocating and .operating utilities which .include, without limitation, water, stormwater; sewer, gas, telecommunication and electric distribution/transmission utilities: Property Address Owner 908 W. 24th. Julio Velasquez 3. THAT :the City Council of the City of.=Plainview accepts the Easements.and shall use the rights granted therein for publicpurposes and the: purposes expressly granted :in such Easements. 4. THAT the Mayor is. hereby authorized and directed to enter.into and execute RESOLUTION R20-479 Page 1 of 2 5 any such documents as necessary to affect and certify the acceptance of these Easements. Passed by the City .Council this 26th day of May, 2020. L Wendell Dunlap, Mayor ATTEST: Belinda Hinojosa; City e retary APPROVED AS TO CONTENT: Jeff —re de giry Manager APPROVED.AS TO. FORM: att w L. Wad , City Attorney RESOLUTION R20-479 Page 2 of 2 L After Recording Retum To City ot'Plamview 901 Broadway Plainview, TX 79072- NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE: ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD .IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. RIGHT OF WAY AND UTILITY EASEMENT Effective Date: 2020 Grantor: Julio Velasquez Grantor's Mailing Address: Grantee: City of Plainview, Texas Grantee's. Mailing Address: - Consideration: 908 W 24th Plainview, Hale County Texas.79072 901 Broadway Plainview, Hale County, Texas 79072. Ten and No/ 100 Dollars ($10.00) and :other valuable consideration to the::undersigned paid by the Grantee, the receipt of which is hereby acknowledged: Easement Property: See Exhibit "A " Grant of Easement:and Purpose: Grantor, for the Consideration stated and subject to the Reservations and Exceptions hereinafter made and with :the restrictions and upon the covenants below stated, does grant, sell, and convey unto the Grantee, its: successors and assigns, a permanent and perpetual easement over, on, and across the Easement Property, with the right of ingress and egress for all pedestrian and vehicular traffic, to construct, inspect, repair and maintain a road for. Such purposes,and for all other purposes for which an easement is commonly used including, without limitation, constructing, installing, maintaining, altering, replacing, repairing, relocating and operating utilities which include, without limitation, water, stormwater, sewer, gas, telecommunication. and electricdistribution/transmission utilities as Grantee shall determine in its sole and absolute discretion in, on; along and across the Easement Property (Easement). Reservations from and Exceptions to Conveyance and Warranty: None Page I of4 1 Terms and Conditions:. General: The following terms and conditions apply to the Easement granted by this agreement: Character of Easement. The.Easement is appurtenant to and runs with Grantor's property where the Easement Property is located, whether or not the :Easement is referenced or described in any conveyance of al l or such portion of the Grantor's.property. The Easement is nonexclusive and irrevocable. Duration bf Easement.. The duration of the Easement is perpetual. Reservation of Rights. Grantor reserves for Grantor and Grantor's heirs, successor's, and assigns the right to continue to use and enjoy the surface of the Easement Property for all purposes that do not interfere with or interrupt the use or enjoyment of the Easement by Grantee. Right of way/Roadway:_ The Grantee and Grantee's successors and assigns shall have the: right of ingress and egress for all pedestrian and vehicular traffic, and to construct, inspect, repair and maintain road for such purposes. The improvement and maintenance ofthe.Easement Property will be at the sole expense of Grantee. Grantee has the right to eliminate any encroachments onto the Easement Property. Grantee must maintain the Easement Property. in a neat and clean condition. Grantee has the right to construct, install, maintain, replace, and remove a road with all culverts, bridges, drainage ditches, sewer facilities, .and .similar or related utilities and facilities under or across any portion: of the Easement Property (collectively, the "Road Improvements"). All matters concerning the configuration, construction, installation, maintenance; replacernent, and removal of.the:Road Improvements are at Grantee's sole discretion. Utilities: Grantee and Grantee's successors and assigns, shall have the right to authorize and assign Grantee's:rights to utility companies and businesses for the purpose of constructing, 'installing; maintaining, altering, replacing, repairing, relocating and .operating utilities which include, without limitation;. water, stormwater, sewer, .gas, telecommunication and electric distribution/transmission utilities. For illustration purposes and, without limiting the general authority to use the Easement Tract for utility purposes, these rights include: Electric Utilities. Constructing, excavating, installing, maintaining, altering, replacing, repairing,relocating and operating a variable number of conductors, wires,communication cables, insulators, crossarms, service lines, and all other necessary and desirable appurtenances and devices attached to, supported from, and a part of the necessary structures consisting -of a variable number of wood, steel, other metal, or other substance members of poles, props, guys, and anchors used for the distribution, transmission and:provision of electric utility service. Natural Gas Utilities. Constructing, excavating, installing, maintaining, altering, replacing, repairing, relocating and operating pipelines for conveying gas, necessary and -proper valves and other appliances and fittings, and devices for controlling electrolysis for use in connection. with such pipelines, and any such other necessary and desirable appurtenances for th_e. distribution, transmission and provision of gas utility service. Telecommunication Utilities. Constructing, excavating; installing, maintaining, altering, replacing, repairing, relocating and operating wires, communication cables, insulators; pipelines, service lines, and all other necessary and desirable appurtenances and devices used' for the transmission and provision of telecommunications service. Water, Stornnvater, .Seiver Utilities. Constructing, excavating, installing, maintaining; altering, replacing; repairing, relocating and operating distribution and collections lines; Page 2 of 4 811 pipelines necessary for conveying or collecting water, stormwater or sewage, necessary and proper valves. and other appliances and fittings, access ways and any other necessary and desirable appurtenances for the distribution, collection, transmission and provision water, stormwater, sewer utility. -service. General. Grantor and Grantor's, successors and assigns (including any utility company - operating under this Easement) including its employees, agents, contractors shall have the right (1) of ingress and egress over Grantor's -ad jacent lands which are contiguous. to. the easement; (2) (he reasonable right from time to time to remove any and all paving; undergrowth; trees, brush or other vegetation or other obstructions that might endanger or interfere with Grantee's facilities or use of the Easement; and (3) the rights 'to abandon -in - place any and all .lines; distribution lines, pipelines, service lines and associated appurtenances, such that Grantee shall have no obligation -or liability to Grantor, or their successors or assigns; to move or remove any such abandoned lines or appurtenances. All utilities shall be constructed and maintained in accordance with applicable federal, state and local laws, ordinances and regulations. When the context requires, singular nouns and pronouns include the plural. This instrument .was.prepared based on information furnished by the parties and.no independent title search has been made. Grantor binds Grantor and Grantor's heirs, successors, and assigns to warrant and forever defend the. title to the Easement in Grantee and Grantee's heirs, successors, and assigns against every person whomsoever lawfully claiming -or to claim the Easement or any part thereof; except as to the Reservations from and Exception to Conveyance and Warranty. GRANTOR: STATE OF TEXAS COUNTY OF HALE T ' instrument -was acknowledged before me on�he ?f ' day of. 2020 by q l/�. the !D-C / d PP JA ' n behalf of _ o ry ublj , Slateoftekas J.UDY RASHER NOTARY PUBLIC Pape 3 of 4 [::y STATE OF TEXAS ID 0 12909493-2 Comm. Expkes 08-210.2020, . 9 1 ACCEPTED BY GRANTEE: CITY OF PLAINVIEW, TEXAS By: Wendell:Dunlap, Mayor STATE OF TEXAS COUNTY OF PLAINVIEW This instrument wasacknowledged before me on the day of , 2020, by Wendell Dunlap; Mayor of the City of Plainview, Texas on behalf of the City of Plainview. Notary Public, State of Texas Page 4 of 4 !10 Exhibit "A" PARKHILLSMITH&COOPER 32-FOOT WIDE RIGHT-OF-WAY DEDICATION IN LOTS 3, 4 & 5, BLOCK 1, SHEPARD AND COUCH SUBDIVISION, AN ADDITION TO THE CITY OF PLAIVNIEW, HALE COUNTY, TEXAS 4222 85th Street Lubbock; Texas 79423 806.473.2200 A 32-foot wide right -of -may dedication in Lots 3, 4 8& 5, Block 1, Shepard and Couch Subdivision, an addition: to the City of Plainview, Hale County, Texas, according to the map, plat and/or dedication deed thereof recorded in Volume 395, Page 545 of the Deed Records of Hale County, Texas, said right-of-way dedication contains 0.122 acres (5;293 square feet) being further described :by metes and bounds as follows: BEGINNING at a 112-inch iron rod with.a plastic cap marked "PSC RPLS 6453" set in the west line of said Lot 5 for the northwest corner of this dedication, said beginning point having coordinates of NORTHING: 7,500,180.60 and EASTING: 996,466.01, Texas Coordinate System, North Central Zone 4202, North American Datum of 1983, whence the southwest corner of Section 38, Block JK-2 bears South 00 degrees 39 minutes 57 seconds West a distance of 62.00 feet and North 89 degrees 20 minutes 03 seconds West a distance of 2975.82 feet; (1) THENCE South 89 degrees 20 minutes 03 seconds East a distance of 165.40 feet to a 1/2- inch iron rod with a plastic cap marked "PSC RPLS 6453" set-in the east line -of said Lot 3 for the. northeast corner of this dedication, said point having coordinates of NORTHING: 7,500,178.67 andtASTING: 996,631.38, Texas Coordinate System, North Central Zone 4202, North.American Datum of 1983; (2) THENCE South 00. degrees 39 minutes :57 seconds West a -distance of 32.00 feet to a- point in the existing north right-of-way line of 24w Street for the southeast corner of said Lot 3 and the southeast corner of- this dedication; (3) THENCE North 89 degrees 20 minutes 03 seconds West, along:the existing north right -way line of said 2411 Street; a distance of 165.40 feet to a point for the southwest comer of said Lot 5 and this dedication;: Page 1 'of 3 Texas Registered Surveying Firm # 10194091 1 1 Exhibit "k i (4) THENCE North, 00 degrees 39 minutes 57 seconds East; along the west line of said Lot 5, a distance:of 32.00 feet to the POINT OF BEGINNING. Bearing $:and coordinates called in these descriptions are based on the Texas Coordinate System, North Central Zone 4202, North American Datum of 1983. Distances called, in these descriptions are at surface. Areas reported in these descriptions are based on calculations made from surface distances. This survey is subject to any facts which may be disclosed by a full and accurate title search. Record documents other than those shown may affect these tracts: A plat of this survey is included on page 3 of this document. This description was prepared. from a previous boundary survey of 24� Street, Section 35 and Section 38, .Block.JK-2 and an actual survey of the property and the'information hereon represents the findings: of. this survey to the' best of my knowledge and .belief. Surveyed: February 24,,2020 1 Page 2 of 3 o3'a Z N A 32'-WIDE RIGHT-OF-WAY DEDICATION IN LOTS 3., 4 & 51 'BLOCK 1, SHEPARD AND COUCH SUBDIVISION, X AN ADDITION TO cr cr THE CITY OF PLAINVIEW, n HALE COUNTY TEXAS PLAT: VOLUME 305, PAGE 545 I OFFICIAL PUBLIC.RECORDS OF.HALE COUNTY,.TEXAS I SCALE- 1' = 100' I O =SET 12' IRON ROD WITH CAP'PSC RPLS 6453'. I I W 0 100, 200' lip w NORTH I � - I SURVEYOR'S REPORT: I I I I I I ( I Z BEARINGS AND COORDINATES SHOWN ON THIS SURVEY ARE BASED ON THE TEXAS I I 0 COORDINATE SYSTEM, TXNC ZONE 420Z NAD'83: LOTSI6 & 7 i, LOTS 3; 4 d 6I LOTS 1& 2 DISTANCES REPORTED HEREON ARE AT SURFACE. RECORD OWNER: I I �, AREAS REPORTED HEREON ARE BASED ON CALCULATIONS MADE AT SURFACE I I I JULIO VELASOUEZ I I I O DISTANCES. NORTHING:7,500,180.60 I 1 1 I I I THIS SURVEY IS SUBJECT TO ANY FACTS WHICH MAY BE DISCLOSED BY A FULL AND EASTING:996,466.01 I I I I NORTHING:7,soo,178.67 ACCURATE TITLE SEARCH. RECORD DOCUMENTS OTHER THAN THOSE SHOWN MAY -PONTOF I I I I NO THI :G:7,6D117 AFFECT THIS TRACT. PROPOSED R•O-W LINE BEGININO I .38 S 6 -20'03• E: 165.40' I: I I: MONUMENTS: INDICATED AS FOUND BY THIS SURVEY ARE NOT 'PHYSICAL MONUMENTS OF RECORD DIGNtrr UNLESS SO NOTED. I I AREA 5,293 S.F FOUND MONUMENTS ARE ACCEPTED BY THIS SURVEYOR AS CONTROLLING' EVIDENCE - - _ (0.122 ACRES) 1 1 DUE TO SUBSTANTIAL AGREEMENT WITH RECORD DOCUMENTS. EXISTING R-O-W LINE - -- -I- — - —j N 00'39'S7':E N 89'20'03' W 165.40' THIS PLAT IS INVALID UNLESS IT BEARS' THE' SURVEYOR'S' ORIGINAL SEAL AND S 00.39'S7' W m SIGNATURE. 32.00' SOUTH LINE.OF. SECTION 38. BLOCK JK-2 32.00' NORTH LINE OF SECTION 39, BLOCK JK-2 THIS PLAT WAS PREPARED FROM AN ACTUAL SURVEY OF THE 24TH STREET PROPERTY AND THE INFORMATION HEREON REPRESENTS FINDINGS — — — — OF THIS -SURVEY TO THE BEST OF MY KNOWLEDGEUJ ' -j SURVEYED: w I I I FEBRUARY 24,.2020 co , GIS F N R I I .4 F I I I �. L) 64 ~lei I. I Z I I I 63 Qy I' I w I I SAMUELWYATT �i� 3lON I I I W I I I R.P.L.S.6453 �(7 SU I I I I I w I I I CQ I I I PAGE.3 OF 3 (SEE PAGES 1 & 2 FOR A FULL METES AND BOUNDS DESCRIPTION) I I Z I: PARKHILL SMITH & COOPER TBPELS FIRM REGISTRATION NO.101§4691 NOTE: 422285TH STREET LUBBOCK, TX. 79423 MONUMENTS SET -WITH THIS SURVEY ARE BASED ON A PREVIOUSLY ESTABLISktb 60S:4732200 SURVEY OF SECTION 35. BLOCK JK-2 & 24TH STREET RIGHT-OF-WAY LINES