HomeMy WebLinkAboutR20-491'RESOLUTION No. R20-491
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 home -rule
municipality and pursuant to the constitution and laws of the State of Texas incluing, but
not limited to, Article 11� Section 5 of the Texas Constitution. and Texas Local -Gov . ernment
Code § 273.001, 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 general obligation bonds for street and drainage improvements
along.24th Street from: Columbia (BI-27). to the Dimmitt Hi' hway(State Highway 194) (the
"24th 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. b& true and correct,
and -are hereby adopted and approved..
2. THAT the Easementsfor 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
1006 W. 24th Bernardo Pando and Maria Pando
3. THAT .the City Council of the City of.:Plai.nview accepts the Easements and
shall use the .rights granted 'therein for public purposes and thepurposes expressly
granted :in such Easements.
4. THAT the Mayor is. hereby authorized and directed to enter into and execute
RESOLUTION R20-491 Page 1 of 2
70
any such documents. as necessary to affect and certify the acceptance of these
Easements.
Passed by the City Council this 251h day of August, 2020.
ATTEST:
Belinda Hinojosa, City Sec ary
APPROVED ADO CONTENT:
Jeffrey S//y er,. gitk Manager
APPROVED AS TO FORM:
Mattltew L. Wade, City Attorney
ndelr, Mayor
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RESOLUTION R20-491
Page 2 of 2
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After Recording Return To
City of Plainview
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:
Grantor:Bernardo Pando & Maria Pando
Grantor's Mailing Address:
Grantee: City of Plainview, -Texas
Grantee's Mailing Address:
Consideration:
92020
1006 W 24th
Plainview, Hale County Texas 79072
901 Broadway
Plainview, Hale County, Texas.79072
Ten and No/1.00 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 electric distribution/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
Pagel ofa
Terms and Conditions:
General: The following terms and conditions apply to the Easement granted by this agreement:
Chm-acter ofEaseinent. The Easement is appurtenant to and nets with Grantor's property where the Easement
Property is located, whether or not:tine Easement is referenced or described in any conveyance of all or such
portion of Grantors property. The Easement is nonexclusive and: irrevocable.
Duration of Easement: The duration of the Easement is perpetual.
Reservation of Rights. Grantor reserves for Grantor and Grantor's heirs, successors, 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 a road
for such purposes., The improvement and maintenance of the Easement Property will be at the sole expense
of Grantee. Grantee has the right to eliminate any encroachments onto the Easement'Proper y. 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,
replacement, 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 wind devices attached to;. supported from, and a: part of the necessary structures
consisting of variable nuumber ofwood, steel, other metal, or other substance members of
poles, props, guys, and anchors used for the distribution, transmission and provision of electric
utility service.
1Vatzn-al Gas Utilities. Constructing, excavating, installing; maintaining,.altering, replacing,
repairing, relocating and operating pipelines for conveying gas, necessaryy 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 the
distribution; transmission and provision of gas utility service.
Telecommunication Utilities. Constructing, excavating, installing, maintaining, altering,
replacing, repairing, relocating and operating wires, corn munication cables, insulators;
pipelines, service lines, and all, other necessary and desirable appurtenances -and devices used
for the transmission and provision of telecommunications service.
Water; Stormwater, Sevver Utilities. Constructing, excavating, installing, maintaining;
altering, replacing, repairing, relocating and operating distribiutiou and collection's lines,
Page 2 of4
pipelines necessary for conveying or collecting water, storrriwater 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 adjacent lands which are contiguous:to the
easement; (2) the 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 pronoun's include the plural.
This instrument.was:prepared based on information fumished'by the parties and no independent title search
has been made.
Grantor binds Grantor aiid 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:
By:_\
By:
JJ
STATE OF TEXAS §
COUNTY OF HALE
T " instrument :was. nowledged before me on the /afk day of U ,
2020, by C.nA�rd �a n d d , tlsc i{/tQ r i Gi_, G.� (,4,r1 �_
otterBELINDA HINOJOSA
z NOTARY PUBLIC
* * STATE OFT
N9rFOFz�+Py My Comm #644426-1
�Plres 04-2g_2021
&V ",A, -
Notary Public, St a of exas
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ACCEPTED BY GRANTEE:
CITY OF PLAINVIEW, TEXAS
.By:
Wendell Dunlap, :Mayor
STATE -OF TEXAS §
§
COUNTY OF PLAINVIEW §
This instrument ..was acknowledged 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 of4-
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Exhibit "A"
PARKHILIg MITH&COOPER
32-FOOT WIDE RIGHT-OF-WAY DEDICATION IN
LOT 9 AND THE WEST T OF LOT 8, 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-way dedication in Lot 9 and the west 7-feet of Lot 8, 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 0.060 acres (2,611 square feet)
being further described -by metes and bounds as follows:
BEGINNING at an "X" cut on concrete set in the west line of said Lot 9 and the east right-of-way
line of Joliet Street, dedicated with said plat of Shepard and Couch Subdivision, for the northwest
comer of this dedication; said beginning point having coordinates of NORTHING: 7,500,184.27
and EASTING: 006,150.03, 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 2659.79 feet;
(1) THENCE South 89 degrees 20 minutes 03 seconds East a distance.of 81'.59 feet to.a 1/2-inch
iron rod :with a plastic cap marked "PSC RPLS.6453" set in the east line of the west 7-feet of said
Lot 8 for the northeast corner of this dedication,_ said point having coordinates of NORTHING:
7,500,183.32 and' EASTING: 996,231.61, 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 241' Street for the southeast corner of the west 7-feei of
said Lot.8 and the southeast corner of this dedication;
(3) THENCE North 89 degrees 20 minutes 03 seconds West; along the existing north right-of-way
line of said 240 Street, a distance of 81.60 feet to a point in the east right-of-way line of said Joliet.
Street for the southwest corner of said Lot 9 and this dedication;
Page 1 of 3
Texas. Registered Surveying Firm # 10194001
76
Exhibit "A"
(4) THENCE North 00 degrees 49 minutes 07 seconds East, along the east right -of --way line of
said Joliet Street and the west line of said Lot 9, a distance of 32.00 feet to the POINT OF
BEGINNING. Bearings and coordinates called in these descriptions are based on the Texas
Coordinate System, North Central Zone 4202, North American Datum of 1 M. 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 24t' 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, 2026
Samuel Wyatt, .P.L.S. 6453
Page 2 of 3
'01;01,
1
I
I
N 00'41'07• E
32.00'
A 32'-WIDE RIGHT-OF-WAY DEDICATION IN
LOT 9 & WEST 7' OF LOT 81 BLOCK 1,
SHEPARD AND COUCH SUBDIVISION, X
AN ADDITION TO a
THE CITY OF PLAINVIEW* D
HALE COUNTY TEXAS
PLAT: VOLUME 395, PAGE 545
OFFICIAL PUBLIC RECORDS OF HALE COUNTY, TEXAS
SCALE- r-=too•
O = SET 1IT IRON ROD WITH CAP'PSC RPLS 6453-
0 100• 200' lqp
NORTH
SET'X'
ON CONCRETE
NORTHING:7, 500,184.017
EASTING;998,150.03
PONT OF :
I
I' zzLLJu
W O O
I LOT 9& WEST 7'
E a
I OPLOTS II I
R 9
ti N
I II i
_I RECORD
WOWN3LLI O
'I BERNAREDO 8' 'I .I. EAST 68' OF LOT 8
J
1 MARIO PANDO I I• I
7
NORTHING.7,500,183.32
I I I
EASTING:996,23161
S 89.20'03• E
.AREA2,611 S.F-I t.I
(0:060 ACRES)
39'20'03' W 81.60' EXISTING R-O--W LINE
S 00'39'57' W .
SOUTH LINE OF SECTION 38. BLOCK JK-2 32.00'
NORTH LINE OF SECTION 39, BLOCK JK-2 � -
24TH .STREET
— --1 f--------� I—
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I I I U) I I I
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I I O I I I
I I I I I I
NOTE:
MONUMENTS SET WITH THIS SURVEY ARE BASED ON A PREVIOUSLY ESTA13USHED
SURVEY OF SECTION 35, BLOCK JK-2 & 24TH STREET RIGHT-OF-WAY LINES.
SURVEYORS REPORT
BEARINGS AND COORDINATES SHOWN ON THIS SURVEY ARE BASED ON THE TEXAS
COORDINATE SYSTEM, TXNC ZONE 4202, NAD-83
DISTANCES REPORTED HEREON ARE AT SURFACE.
AREAS REPORTED HEREON ARE BASED ON CALCULATIONS MADE AT 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 THIS TRACT
MONUMENTS INDICATED AS :FOUND BY THIS SURVEY ARE NOT -PHYSICAL
MONUMENTS OF RECORD DIGNITY' UNLESS SO NOTED.
FOUND MONUMENTS ARE ACCEPTED BY THIS SURVEYOR AS CONTROLLING EVIDENCE
DUE TO SUBSTANTIAL AGREEMENT WITH RECORD DOCUMENTS
THIS PLAT IS INVALID UNLESS IT BEARS THE SURVEYOR'S ORIGINAL SEAL 'AND
SIGNATURE.
THIS PLAT WAS PREPARED.FROM AN ACTUAL SURVEY.OF THE
PROPERTY AND THE INFORMATION HEREON REPRESENTP. THE FINDINGS
OF THIS SURVEY TO THE BEST OF MY KNOWLEDGE
SURVEYED. M!�
FEBRUARY 24, 2020 �P:�GISTF
....eNw.•....si
SAUUEL 1A
�o 0�,63
SAMUEL WYA ��" tsS%�
R.P.L.S..6453
PAGE 3 OF 3'(SEE PAGES 1 & 2 FOR A FULL METES AND BOUNDS DESCRIPTION)