HomeMy WebLinkAboutR22-554452
RESOLUTION NO. R22-554
RESOLUTION ACCEPTING RIGHT-OF-WAY AND UTILITY EASEMENT
FROM JERRY WOFFORD, INC., ALONG MESA DRIVE FROM 16T"
STREET TO 24TH STREET
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 including, but
not limited to, Article 11, Section 5 of the Texas Constitution and Texas Local Government
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, in order to ease traffic congestion and to create additional points of
access for the public to the commercial shopping areas west of 1-27, the City Council is
considering extending Mesa Drive from 16th Street to 24th Street; and
WHEREAS, it is necessary for the City of Plainview, in order to extend Mesa Drive
from 16th Street to 24th Street, to acquire certain right-of-way and utility easements from
certain property owners; and
WHEREAS, Jerry Wofford, Inc., ("Landowner") owns property where the City of
Plainview would need to acquire a right-of-way and utility easement for the extension of
Mesa Drive from 16th Street to 24th Street; and
WHEREAS, in order to assist the City of Plainview efforts for the benefit of all
citizens of the City of Plainview and recognizing the benefit the Landowner will receive by
extending Mesa Drive, the Landowner desires to dedicate a right-of-way and utility
easement to the City of Plainview for extending Mesa Drive and for utility purposes with
the specific authority and rights outlined in the easement attached to this resolution and
incorporated herein as though set forth fully herein (the "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 Council accepts the dedication by Jerry Wofford, Inc. of the
Easement attached to this resolution granting 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.
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3. THAT the City Council, recognizing the generous dedication by the
Landowner, directs the City Manager to negotiate with the Landowner the possibility of
entering an agreement further outlining the extension of Mesa Drive and the installation
of municipal utilities that addresses, without limitation, the following items that have been
discussed by the City Manager and the Landowner:
i. The City of Plainview will be responsible for constructing, paving, and
installing Mesa Drive from 16th Street to 24th Street;
ii. City of Plainview will agree to install the necessary water and sewer mains
within the Easement as funding allows;
iii. Prior to developing the property owned by Landowner, the Landowner will
provide an updated preliminary plat map for consideration by the City of
Plainview to coordinate future street and utility extensions on adjacent land
prior to the City beginning construction of Mesa Drive;
iv. Simultaneous with the filing of a preliminary plat, the Landowner agrees to
submit a voluntary petition to the City of Plainview for annexation into the
municipal limits of the City of Plainview the following property owned by the
Landowner as described as AB 25 BLK JK-2 SEC 27 OUT OF W/2 164.53
ACRE, Hale County, Texas; and
V. Detailing that the City will not be responsible for the extension of any roads
and/or utility lines outside of the Easement.
4. THAT it is recognized by the City Council of the City of Plainview and the
Landowner that this resolution only accepts the dedication by the Landowner of the
attached and that an agreement detailing the items listed in Section 3 of this Resolution
will be required that is approved by the governing body of the City of Plainview and Jerry
Wofford, Inc., and that any such agreement would have to be found by the governing
body to be in the best interest of the health, safety and welfare of the public and be in the
public interest.
5. THAT by accepting the attached Easement, the City Council recognizes
that the Easement and the rights granted therein shall be used for public purposes and
the purposes expressly granted in such Easements.
6. THAT the Mayor is hereby authorized and directed to enter into and execute
any such documents as necessary to affect and certify the acceptance of this Easement.
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454
Passed by the City Council this 2211 day br , 202
ar s t r e , Mayor
ATTEST:
Belinda Hinojosa, Cit ecretary
APPROVED AS TO CONTENT:
0��(
Jeff re yd r ity Manager
APPROVED AS TO FORM:
/ t� ��
W,L
MaC Wade, City Attorney
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R22-554
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455
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After Recording Return To:
City of Plainview
202 W. 5d Street
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: February 8 h, 2022
Grantor: Jerry Wofford, Inc.
Grantor's Mailing Address:
Grantee: City of Plainview, Texas
Grantee's Mailing Address:
Consideration:
511 South Holliday Street
Plainview, Hale County Texas 79072
202 W. 5" Street
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 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
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456
Terms and Conditions:
General: The following terms and conditions apply to the Easement granted by this agreement:
Character ofEasement. 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 all or such
portion of the Grantor's 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 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,
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 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 the
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, Stormwater, Sewer Utilities. Constructing, excavating, installing, maintaining,
altering, replacing, repairing, relocating and operating distribution and collections lines,
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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 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 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:
By:
Jerry Wofford, Owner
STATE OF TEXAS
COUNTY OF HALE
This instrument was acknowledged before me on the day of February, 2022, by Jerry
Wofford, the owner on behalf of Jerry Wofford, Inc.
Notary Public, State of Texas
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Wool
ACCEPTED BY GRANTEE:
CITY OF PLAINVIEW, TEXAS
By:
Dr. Charles Starnes, Mayor
STATE OF TEXAS
COUNTY OF PLAINVIEW
This instrument was acknowledged before me on the day of
2020, by Dr. Charles Starnes, Mayor of the City of Plainview, Texas on behalf of the City of Plainview.
Notary Public, State of Texas
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Parkhill
A 4.067-ACRE STREET RIGHT-OF-WAY DEDICATION IN
SECTION 27, BLOCK JK-2, HALE COUNTY, TEXAS
A 4.067-acre street right-of-way dedication in Section 27, Block JK-2, Hale County, Texas, being situated in that
certain tract of land conveyed to Jerry Wofford, Inc., described as "Tract 1" in warranty deeds recorded in Volume
1002, Pages 4612 and 4616 of the Official Public Records of Hale County, Texas, said right-of-way dedication
being further described by metes and bounds as follows:
BEGINNING at a point in the north line of said Section 27 for the northwest corner of this dedication, said point
having coordinates of NORTHING: 7,500,256.71 and EASTING: 984,303.46, Texas Coordinate System, North
Central Zone 4202, North American Datum of 1983, whence a 3/4-inch iron pipe found at the northwest corner of
said Section 27 bears North 89 degrees 22 minutes 34 seconds West a distance of 1364.96 feet;
(1) THENCE South 89 degrees 22 minutes 34 seconds East, along the north line of said Section 27, a distance of
105.00 feet to a point for the northeast corner of this dedication, whence the calculated northeast corner of said
Section 27, as shown on the plat of the Plainview Business Park, recorded in Instrument 2018-1034 of the Official
Public Records of Hale County, Texas, bears South 89 degrees 22 minutes 34 seconds East a distance of
3801.92 feet;
(2) THENCE South 00 degrees 37 minutes 26 seconds West a distance of 60.00 feet to a 1/2-inch iron rod with a
plastic cap marked "PSC RPLS 6453" set in the occupied south right-of-way line of 24th Street (no dedication
found), at a point of intersection for a corner of this dedication;
(3) THENCE South 45 degrees 39 minutes 40 seconds West a distance of 21.23 feet to a 1/2-inch iron rod with a
plastic cap marked "PSC RPLS 6453" set at a point of intersection for a corner of this dedication;
(4) THENCE South 00 degrees 41 minutes 55 seconds West a distance of 1949.99 feet to a 1/2-inch iron rod with
a plastic cap marked "PSC RPLS 6453" set at a point of intersection for a corner of this dedication;
(5) THENCE South 43 degrees 52 minutes 44 seconds East a distance of 21.37 feet to a 1/2-inch iron rod with a
plastic cap marked "PSC RPLS 6453" set in the projected north right-of-way line of 171h Street, in the north line of
a 0.857-acre tract of land conveyed to State Street Housing Development, LP, described in a warranty deed
recorded in Instrument 2014-000764 of the Official Public Records of Hale County, Texas, at a point of
intersection for a corner of this dedication, whence a 1/2-inch iron rod found in the north right-of-way line of 17th
Street, dedicated with the plat of Stonebridge, according to the map, plat and/or dedication deed thereof recorded
in Volume 1, Page 149 of the Plat Records of Hale County, Texas, bears South 88 degrees 27 minutes 23
seconds East a distance of 488.34 feet;
(6) THENCE North 88 degrees 27 minutes 23 seconds West a distance of 52.50 feet to a point for the northwest
corner of said 0.857-acre tract, at a point of intersection for a corner of this dedication;
(7) THENCE South 00 degrees 41 minutes 55 seconds West, at a distance of 37.50 feet pass the southeast
corner of said 0.857-acre tract, same being the northwest corner of an 11.71-acre tract of land conveyed to State
Street Housing Development, LP, described in a warranty deed with vendor's lien recorded in Instrument 2012-
005225 of the Official Public Records of Hale County, Texas, continuing for a total distance of 549.79 feet to a
point for the southwest corner of said 11.71-acre tract, in the north right-of-way line of 161h Street, dedicated with a
plat recorded in Volume 1, Page 86 of the Plat Records of Hale County, Texas, for the southeast corner of this
dedication, said point having coordinates of NORTHING: 7,497,667.38 and EASTING: 984,324.47, Texas
Coordinate System, North Central Zone 4202, North American Datum of 1983, whence a 1/2-inch iron rod with a
plastic cap marked "PSC RPLS 6453" set for a proposed right-of-way dedication surveyed the same date
herewith bears South 88 degrees 27 minutes 23 seconds East a distance of 52.50 feet and a 1/2-inch iron rod
with a plastic cap marked "AMD ENG" found at the southwest corner of Tract "A" of said Stonebridge Addition
bears South 88 degrees 27 minutes 23 East a distance of 532.86 feet;
Page 1 of 2
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Parkhill
(8) THENCE North 88 degrees 27 minutes 23 seconds West, along the north right-of-way line of said 161h Street,
a distance of 52.50 feet to a 1/2-inch iron rod with a plastic cap marked "PSC RPLS 6453" set for the southwest
corner of this dedication, whence a 1/2-inch iron rod with a plastic cap marked "WILLIAMS RPLS 2120" bears
North 88 degrees 27 minutes 23 seconds West a distance of 129.00 feet;
(9) THENCE North 46 degrees 07 minutes 16 seconds East a distance of 21.06 feet to a 1/2-inch iron rod with a
plastic cap marked "PSC RPLS 6453" set at a point of intersection for a corner of this dedication;
(10) THENCE North 00 degrees 41 minutes 55 seconds East a distance of 444.78 feet to a 1/2-inch iron rod with
a plastic cap marked "PSC RPLS 6453" set at a point of intersection for a corner of this dedication;
(11) THENCE North 43 degrees 52 minutes 44 seconds West a distance of 21.37 feet to a 1/2-inch iron rod with a
plastic cap marked "PSC RPLS 6453" set at a point of intersection for a corner of this dedication;
(12) THENCE North 00 degrees 41 minutes 55 seconds East a distance of 75.01 feet to a 1/2-inch iron rod with a
plastic cap marked "PSC RPLS 6453" set at a point of intersection for a corner of this dedication;
(13) THENCE North 46 degrees 07 minutes 16 seconds East a distance of 21.06 feet to a 1/2-inch iron rod with a
plastic cap marked "PSC RPLS 6453" set at a point of intersection for a corner of this dedication;
(14) THENCE North 00 degrees 41 minutes 55 seconds East a distance of 1948.79 feet to a 1/2-inch iron rod with
a plastic cap marked "PSC RPLS 6453" set at a point of intersection for a corner of this dedication;
(15) THENCE North 44 degrees 20 minutes 20 seconds West a distance of 21.20 feet to a 1/2-inch iron rod with a
plastic cap marked "PSC RPLS 6453" set in the occupied south right-of-way line of said 24'h Street (no dedication
found), at a point of intersection for a corner of this dedication;
(16) THENCE North 00 degrees 37 minutes 26 seconds East a distance of 60.00 feet to the POINT OF
BEGINNING. Bearings and coordinates called in this description are based on the Texas Coordinate System,
North Central Zone 4202, North American Datum of 1983. Distances called in this description are surface
distances. Areas reported in this description are based on calculations made from surface distances.
This description was prepared from 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: July 15, 2021
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1 � SAMUEL WYATT
Samuel Wy*, R.P.L.S. 6453 ' � S R
1
Page 2 of 2
A 3/4' IRON PIPE FOUND AT THE
NORTHWEST CORNER OF
SECTION 27 BEARS N.89'22'34W,
1364.96' FROM THIS POINT
POINT OF
BEGINNING
NORTHING 7,500,256.71
EASTING 984303.46
H LINE OF 5ECTKJN 27 N 00-37'26"E
80.00.
N 44'2020. W
21201
NOT PUTTED
VOL. 1W2. PG —244616
' 9'22
. 10500 24th STREET
105'
S 00-37'26W
6000
5 45'39'40W
21 23'
75-FOOT WIDE
RIGHT-OF-WAY
DEDICATION
NOT— ED
VOL 1W2. PG.2-616
A 4.067-ACRE STREET
RIGHT-OF-WAY DEDICATION IN
SECTION 27, BLOCK JK-2,
HALE COUNTY, TEXAS
PARENT TRACT VOLUME 1002, PAGES 412 AND 416.
OFFICIAL PUBLIC RECORDS OF HALE COUNTY. TEXAS
0 400' 800'
LEGEND
SCALE 1. _ —
® Bp
= SET 12" IRON ROD WITH CAP "PSC RPLS 6153"
NORTH
0 = FOUND 12" IRON ROD WITH CAP "AMD ENG"
X = FOUND 12" IRON ROD WITH CAP'WILUAMS RPLS 2120"
= FOUND 12" IRON ROD
SURVEYOR'S REPORT
BEARINGS AND COORDINATES SHOWN HEREON ARE BASED ON THE TEXAS
COORDINATE SYSTEM, NORTH CENTRAL ZONE 4202, NAD83
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
N 421066"E
S
43'52'44"E ENOT ITMI 7
21.3T INSr uou-000794
FOUND MONUMENTS ARE ACCEPTED BY THIS SURVEYOR AS CONTROLLING
21 0g'
EVIDENCE DUE TO SUBSTANTIAL AGREEMENT WITH RECORD DOCUMENTS
THIS PLAT IS INVALID UNLESS IT BEARS THE SURVEYOR'S ORIGINAL SEAL AND
N.00'S 10'S5"E
—. �17th STREET
SIGNATURE
N 88'2T23'W 7
A METES AND BOUNDS DESCRIPTION OF THIS SURVEY IS INCLUDED ON A
IN 43'5244'W
w
52 50•
SEPARATE DOCUMENT ATTACHED HEREWITH
21.3T
NOT PLATTED
INST 4201-5225
THIS PLAT WAS PREPARED FROM AN ACTUAL SURVEY OF THE
A
ENr FASEN 66' caMwq
S
'
TRACT A
,x STONEBRIDGE
PROPERTY AND THE INFORMATION HEREON REPRESENTS THE FINDINGS
vR
PG
S
g
VOL I PG 149
OF THIS SURVEY TO THE BEST OF MY KNOWLEDGE AND BELIEF
—
N.48'07'16'E=
21 06'
N
STREET R-O-W
TO BE OEOICATED
— _
SURVEYED-JULY 15, 2021
0
1
16th S�E E T
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52..5D'
NORTHING:
^ pP�G1 STE,pFY9tP
j—
FASTING. 9B4,324.47
- •• ••:•••• •»
NOT PLAITED
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SAMUEL WYATT
6453
VOL. 1002 PG. 4812
/
-0
LOT 1 BLOCK 1
h 1 WALMART.UPERCEWER ADDITION
VOL. 1 PG 84
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SAMUELWYATT
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1200'
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