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HomeMy WebLinkAboutR22-580215 1 RESOLUTION NO. R22-580 RESOLUTION ACCEPTING UNDERGROUND UTILITY EASEMENTS FOR THE COYOTE REAL ESTATE HOLDINGS 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 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, it is necessary for the City of Plainview, as part of the Coyote Real Estate Holdings Project, to acquire from a number of property owners adjacent to or in close proximity to the Project certain underground 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 easement over, on, and across the Easement Property, with the right of ingress and egress for 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 0.175 acres of land Bobby I. Brunson and Jeanine Brunson .372 acres of land Coyote Real Estate Holdings, LLC 0.100 acres of land Kernell Brothers, LLC 0.228 acres of land Southwestern Cotton of Plainview, Inc. 3. THAT the City Council of the City of Plainview accepts the Easements and shall use the rights granted therein for public purposes and the purposes expressly granted in such Easements. 4. 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 these Easements. RESOLUTION R22-580 Page 1 of 2 216 Passed by the City Council this 251h day of October, 2022. ATTEST: Belinda Hinojosa, City APPROVED AS TO.CONTENT: Jeffrey Sn er, CiljyylManager APPROVED AS TO FORM: ,x;rlv k1e.1Cv-'1144At4 1�%5" "e, Mat, fiew L. Wade, City Attorney 1 F� 1 RESOLUTION R22-580 Page 2 of 2 217 1 1 After Recording Reim I o City of Plainview 202 W. 5• Seat Plaarview, 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. UNDERGROUND UTILITY EASEMENT Effective Date: October 10 , 2022 Grantor: Bobby I. Brunson and Jeanine Brunson Grantor's Mailing Address: 1503 Jefferson Plainview, Hale County Texas 79072 Grantee: City of Plainview, Texas Grantee's Mailing Address: 202 W. 5d'Strut Plainview, Hale County, Texas 79072 Consideration: 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 attached Swvey Exhibit incorporated herein as though set forth fully herein. 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 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 Terms and Conditions: Page 1 of 4 218 General: The following terms and conditions apply to the Easement granted by this agreement: Character ojEasement. 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 Easemeni. 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. Underground Utility Easement: Grantee and Grantee's successors and assigns, shall have the right, and shall have the right to authorize and assign Grantee's rights to utility companies and businesses, to construct, install, maintain, alter, replace, repair, relocate and operate utilities which include, without limitation, water, stormwater, sewer, gas, telecommunication and electric distribution/transmission utilities within the Easement. For illustration purposes and without limiting the general authority to use the Easement 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, pipelines necessary for conveying or collecting water, stonnwater 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, storrnwater, sewer utility service. General. Grantee and Grantee'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, Page 2 of 4 1 219 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. Pre-existing Improvements/Fences and Access by Grantor. For all improvements and fences existing prior to the Effective Date of this Easement located within the Easement (Pre -Existing Improvements), Grantee and Grantee's successors and assigns (including any utility company operating under this Easement) including its employees, agents, contractors shall be responsible for the repair or replacement of Pre -Existing Improvements damaged by the installation, construction, maintenance or repair of utilities within the Easement. Grantee and Grantee's successors and assigns (including any utility company operating under this Easement) including its employees, agents, contractors shall be responsible for any damages to the Grantor's property adjacent to but not within the Easement directly attributable to the installation, construction, maintenance or repair of utilities within the Easement. Grantee and Grantee's successors and assigns (including any utility company operating under this Easement) shall provide Grantor access to Grantor's property or properties during the installation, construction, maintenance or repair of utilities within the Easement. 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: i -yam STATE OF TEXAS 6 COUNTY OF HALE This instrument was acknowledged before me on the day of 0( a 6" 2022, by 8o8dY 1. 9,,Fy)se.J owbehs*OF= SNAWN NEBER7 yF` Notary ID #133939014 Notary Public, State of Texas My Commission Expires � , August 30, 2026 Page 3 of 4 1 PER ACCEPTED BY GRANTEE: CITY OF PLAINVIEW, TEXAS Charles Stame May r STATE OF TEXAS COUNTY OF PLAINVIEW This instrument was acknowledged before me on the P44 day of Q%ch4r- 2022, by Charles Stames, Mayor of the City of Plainview, Texas on behalf of the City of Plainview. p SELINDoVARY LLEJO HI-NOJOSA * �t PUBIC STATE OF TEXAS ID M 644426-1 r�T Dc t My Gomm. Exp res 04-28-2025 A&d.-I /�� Notary Public, State of Texas I'agc 4 of 4 1 1 tIC5LtZvv-y ExVAtSIT" 221 1 AMD Engineering and Surveying DESCRIPTION OF AN UNDERGROUND UTILITY EASEMENT IN THE NORTHWEST QUARTER OF SECTION 29, BLOCK JK-2, G.C. & S.F. RR. CO. SURVEY, ABSTRACT NO.26, HALE COUNTY, TEXAS (SHEET 1 OF 2, PLAT OF SURVEY ATTACHED HERE -WITH AS SHEET 2, EXHIBIT "B ) BOBBY L BRUNSON AND JEANINE BRUNSON (EASEMENT No. 1, EXHIBIT "e ) An Underground Utility Easement located in the Northwest Quarter (N W/4) of Section 29. Block JK-2, G.0 & S.F. RR. Co. Survey, Abstract No. 26, Hale County, Texas, and being situated within those certain tracts of land conveyed to Bobby 1. Brunson and Jeanine Brunson described as Tracts 2 and 3 in a Special Warranty Deed recorded in County Clerk's File Number 2022-000682 of the Official Public Records of Hale County, Texas, said Underground Utility Easement contains 0.175 acres of land being further described by metes and bounds as follows: BEGINNING at a 1/2" iron rod found at the southern common comer of two right-of-way dedications recorded in Volume 862, Page 579 and Page 581 of the Deed Records of Hale County, Texas, same being the northeast comer of said Brunson Tract 2 and the most northern northwest corner of that certain tract of land conveyed to Coyote Real Estate Holdings, LLC, described as 9.813 acres of land in a Cash Warranty Deed recorded in County Clerk's File Number 2011- 003677 of the Official Public Records of Hale County, Texas, and the northeast comer of this easement, having coordinates of Northing: 7,488,613.89 and Easting: 984,929.53 of the Texas Coordinate System of 1983 (2011), Texas North Central Zone, whence the northwest corner of said Section 29 bears N. 04' 32' 49" W. a distance of 485.85 feet, N. 00' 42' 11 " E. a distance of 587.00 feet and N. 89' 17' 23" W. a distance of 2093.80 feet, THENCE S. 040 32' 49" E., along the common line of said Brunson Tracts 2 and 3 and said Coyote Real Estate tract, a distance of 761.40 feet to a 1 /2" iron rod found at the southeast comer of said Brunson Tract 3 and an ell comer of said Coyote Real Estate tract for the southeast comer of this easement; THENCE N. 890 17' 49" W., along the common line of said Brunson Tract 3 and said Coyote Real Estate tract, a distance of 10.04 feet (indicated as line'112" on Exhibit sketch) to a point for the southwest corner of this easement; THENCE N. 040 32' 49" W., at 10.00 feet west of and parallel with the east line of said Brunson Tracts 2 and 3, a distance of 760.48 feet to a point in the south line of said right-of-way dedication recorded in Volume 862, Page 579 for the northwest comer of this easement; THENCE N. 850 27' 11" E. a distance of 10.00 feet (indicated as line "L13" on Exhibit sketch) to the POINT OF BEGINNING. Bearings are relative to the Texas Coordinate System of 1983 (2011), Texas North Central Zone. The convergence angle to True North is -1 ° 46' 24.84" and the combined scale factor is 0.99990627. as computed from a point of origin located at Northing: 7.488.823.111 and Fasting: 984,949.854. Distances are at surface, in U.S. Survey feet. 6515 680 Street, Suite 300 1BPF Reg. H F-9197 Office (806) 771-5976 Lubbock. Texas 79424 1 BPFiLS Reg, N 101785-W Fax: (R06) 771-7625 222 AMD Engineering and Surveying 1. Norris Stevens, Registered Professional Land Surveyor, do hereby certify that this description was prepared from an actual survey of the property and that the information hereon represents the findings of this survey to the best of my knowledge and belief. Surveyed July 13, 2022 Norris Stevens Registered Professional Land Surveyor. State of Texas, Seal No. 4339 220246 - Robho k Jeanine 0run," Fa rwnt 6515 68' Street, Suite 300 TBPE Reg. N F-9197 Lubbock. Tcxas 79424 TBPELS Reg. M 101785-00 Office: (806) 771-5976 Fax: (906) 771-7625 1 1 223 1 0 1 EXPOSIT "B" UNDERGROUND UTILITY EASEMENTS IN THE NORTHWEST QUARTER (NW/4) OF SECTION 29, BLOCK JK-2, G.C. & S.F. RR CO. SURVEY, ABSTRACT NO.26, HALE COUNTY, TEXAS (UNDERGROUND UTILITY EASEMENT I PARENT TRACT DESCRIBED IN A WARRANTY DEED RECORDED IN COUNTY CLERK'S FILE NUMBER 2011-003677, OF THE OFFICIAL PUBLIC RECORDS OF HALE COUNTY, TEXAS, UNDERGROUND UTILITY EASEMENT 2 PARENT TRACTS DESCRIBED AS TRACTS 2 AND 3 IN A SPECIAL WARRANTY DEED RECORDED IN COUNTY CLERKS FILE NUMBER 2022-000M OF THE OFFICIAL PUBLIC RECORDS OF HALE COUNTY, TEXAS) SHEET 2 OF 2, DESCRIPTION OF SAME DATE HEREWITH ATTACHED AS SHEET I _ _ _ _ _ R61tf�11 BROT7TRRS LLL.. 0l19ACRSS !]!ACTT D60,,"DEW.0.6JACw II _—__—__��•�•--__—__—__ R4IF �_____— S,pppt8p.0.19ACRRJ L1 17 — — — — — — — — -- —'1 �"'------ F:, POINT OF I BEGINNING I I F.. N 7,488,810. 89 �( E: 984,929.63 I T; )•' O B I DI TANCE 1 I i L7 N. B577'11 E. 10.00 1 $ I S L8 S. 04-4930C f0.00 I S3 F L9 N. 85-27 t t £ 5.00 1 5•i LIO S. 04'J249 E. f0.00' I 9s (' Lit S. 85'27 f l W. 25.00 F. 02 S. 89'17'49 E. M04 1 RRUNSON7 0 ACRES L 1J N. 85'27 I I E. f0.00 I 80B8Y I. d TEA HH, r1tA 76Cr.moa1L I, Naa Z r Rfal. ESTATE HOLDING, IlC I COYOTE. I r<E veunLTus I I 1: a rccn+ 7011-00565n I W. ' I E; 701.40' »----«-_- - -S �• UTILITY EASEMENT I I 2 UNDERGROUND (0.372 ACRES) IlJ[ UWE,NENT I I 1 k I 10'JO" E.J05.84' N. 9S 6 1 s 05'IO'30- W. JDS B9' I /D)RY 1. d lEA7lME RRUNSON- 1.9I6 ACRES_ ( C,, � l I•: LEGEND. r: 1 € SCALE. 1" - 120' 1 I I 1 _---------- I I 1 L1 I I I 1 COYDR REAL ESTATE HOLDING, UC., 9J17 ACRES I 1 'c" 7011-0 34117 t I I L_--,- - - - - - -- F d R REAL SWAT[ "I- I REDMEIL GRELA:H��REOSF t ")"IliaI (YOL "I PG 5NI I 0 w 80' 12G' 24D r.. in R-O-W - RKNHT-0E-WAY. CCFN - COUNTY CLERK'S FILE NUMBER. BEARINGS AND COORDINATES ARE RELATIVE TO THE S TEXAS COORDINATE SYSTEM OF 190 (2011). TEXAS NORTH CENTRAL ZONE- CALCLXATED FROM AN ORIGIN OF NORTHING: 7 4W,823.111 AND EASTING: 964.949 W4, USING A COMBINED SCALE Q, FACTOR OF 0.9990DOV AND A CONVERGENCE �+ ANGLE OF 001.4V24, W TO TRUE NORTH. DISTANCES ARE AT SURFACE, IN U S. SURVEY FEET. I COYOTE REAL ESTATE HOLDING. L.C.. b .I 9.811 ACRES U ICCFN' 7011-0616T11 I 20 L9 00----.--_..-------'i — 1 . CIV)L ENG04EM L.C.. ( I F d R MAL ESTATE. LAND MVEYI 2.07 ACRES AMD E^9k "ft UG PhM 80147 (VOL IDH. PO. pm4616 6RR18v-4L 6i 3W F�c R08.771• I Lu *.K Tx 7004 T9PEL8 Roo R 10171 I Aomncy - EIIdmicy. - Newt' I PF49% DPOR Cm OF Pw,VEW. row 6TF.f A1w 224 After Recording Return To: City of Plainview 202 W. 5" 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. Effective Date: August 11.2022 Grantor: Coyote Real Estate Holdings, LLC Grantor's Mailing Address: 702 E. 40th Street Lubbock, Texas 79404 Grantee: City of Plainview, Texas Grantee's Mailing Address: Consideration: 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 attached Sun q Exhibit and incorporated herein as though set forth fully herein. 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 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 Terms and Conditions: 100617136.DOCX - verl Page I of4 1 1 225 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. Pre-existing Improvemenas/Fences and Access by Grantor. For all improvements and fences existing prior to the Effective Date of this Easement located within the Easement (Pre -Existing Improvements), Grantee and Grantee's successors and assigns (including any utility company operating under this Easement) including its employees, agents, contractors shall be responsible for the repair or replacement of Pre -Existing Improvements damaged by the installation, construction, maintenance or repair of utilities within the Easement. Grantee and Grantee's successors and assigns (including any utility company operating under this Easement) including its employees, agents, contractors shall be responsible for any damages to the Grantor's property adjacent to but not within the Easement directly attributable to the installation, construction, maintenance or repair of utilities within the Easement. Grantee and Grantee's successors and assigns (including any utility company operating under this Easement) shall provide Grantor access to Grantor's property or properties during the installation, construction, maintenance or repair of utilities within the Easement. 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: COYOTE �eL ESTATEJfMDINGS, LLC By: SCOT L. WYLIE, MEO STATE OF TEXAS b COUNTY OF HALE This instrument was acknowledged before me on the y da of W uS� 2022, by SCOT L. WYLIE b , the ME on behalf of ,' LLC ORGAN LEE LIGHT Notary Pu li State of Tex' _. ,s Notary Public, State of Texas z Comm. Expires 05.25.2025 1oF�+ Notary ID 13312188-8 Page 3 of 4 226 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 all or such portion of the Grantor's property. The Easement is nonexclusive and irrevocable. Duralion 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. Underground Utility Easement: Grantee and Grantee's successors and assigns, shall have the right, and shall have the right to authorize and assign Grantee's rights to utility companies and businesses, to construct, install, maintain, alter, replace, repair, relocate and operate utilities which include, without limitation, water, stormwater, sewer, gas, telecommunication and electric distribution/transmission utilities within the Easement. For illustration purposes and without limiting the general authority to use the Easement 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 f'or 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, Slorm►Pater, Sewer Utilities. Constructing, excavating, installing, maintaining, altering, replacing, repairing, relocating and operating distribution and collections lines, 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. Grantee and Grantee'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, Page 2 of4 227 ACCEPTED BY GRANTEE: CITY OF PLAINVIEW, TEXAS STATE OF TEXAS COUNTY OF PLAINVIEW This instrument was acknowledged before me on the day of hibey- 2022, by Charles Starnes, Mayor of the City of Plainview, Texas on behalf of the City of Plainview. emyLcomm. EINDA VALL"O HIN0'0SANOTARY PUBLICSTATE OF TEXAS ID 4 644426-1 Expires 04-28.2025 ALI, /4/, Notary Public, State of Teo Page 4 of 4 228 ►I JuRvrt: EAR,8rr tx AMD Engineering and Surveying DESCRIPTION OF AN UNDERGROUND UTILITY EASEMENT IN THE NORTHWEST QUARTER OF SECTION 29, BLOCK JK-2, G.C. & S.F. RR. CO. SURVEY, ABSTRACT NO.26, HALE COUNTY, TEXAS (SHEET I OF 2, PLAT OF SURVEY ATTACHED HF-RE-HITH AS SHEET 2, EXHIBIT "B ) COYOTE REAL FUM TE HOLDINGS, LLC (EASEMENT No. I, EXHIBIT "B ) An Underground Utility Fasement located in the Northwest Quarter (NW/4) of Section 29, Block JK-2, G.0 & S.F. RR. Co. Survey, Abstract No. 26, Hale County, Texas, and being situated within that certain tract of land conveyed to Coyote Real Estate Holdings, LLC, described as 9.813 acres of land in a Cash Warranty Deed recorded in County Clerk's File Number 2011-003677 of the Official Public Records of Hale County, Texas, said Underground Utility Easement contains 0.372 acres of land being further described by metes and bounds as follows: BEGINNING at a 1/2" iron rod found at the southern common comer of two right-of-way dedications recorded in Volume 862. Page 579 and Page 581 of the Deed Records of Hale County, Texas, same being the most northern northwest corner of said Coyote Real Estate tract, the northeast comer of that certain tract of land conveyed to Bobby 1. Brunson and Jeanine Brunson and described as Tract 2 in a Special Warranty Deed recorded in County Clerk's File Number 2022-000682 of the Official Public Records of Hale County. Texas, and the northwest corner of this easement, having coordinates of Northing: 7,488,613.89 and Easting: 984,929.53 of the Texas Coordinate System of 1993 (2011), Texas North Central Zone, whence the northwest comer of said Section 29 bears N. 040 32' 49" W. a distance of 485.85 feet. N. 00' 42' 11" E. a distance of 587.00 feet and N. 89' 17' 23" W. a distance of 2093.80 feet; THENCE N. 950 27' I I" E. a distance of 10.00 feet (indicated as line'9,7" on Exhibit sketch) to a point in the north line of said Coyote Real Estate tract and south line of said right-of-way dedication recorded in Volume 862, Page 581 for the most northern northeast corner of this easement; THENCE S. 040 32' 49" E., at 10.00 feet cast of and parallel with the west line of said Coyote Real Estate tract, a distance of 573.40 feet to point for an ell corner of this easement; THENCE, N. 850 10' 30" E. a distance of 305.64 feet to a point for the most eastern northeast corner of this easement; THENCE S. 040 49' 30" E. a distance of 10.00 feet (indicated as line "1.8" on Exhibit sketch) to a point for the most eastern southeast comer of this casement; THENCE S. 85° 10' 30" W. a distance of 305.69 feet to a point for an ell corner of this easement; THENCE S. 040 32' 49" E., at 10.00 feet east of and parallel with the west line of said Coyote Real Estate tract, a distance of 442.60 feet to a point for an ell corner of this easement; THENCE N. 850 27' 11" E. a distance of 5.00 feet (indicated as line "L9" on Exhibit sketch) to a point for a comer of this casement; THENCE S. 040 32' 49" E. a distance of 10.00 feet (indicated as line "L10" on Exhibit sketch) to point in the south line of said Coyote Real Estate tract for the most southern southeast corner of this easement; 6515 68* Si ceL Suite 300 TnPH Reg. 8 F-9197 Office: (806) 771-5976 Lubbock, Texas 79424 TnPI?I.S Reg. N101785410 Fax, (8(16) 771-7625 229 1 AMD Engineering and Surveying THENCE S. 850 27' 1 I" W. a distance of 25.00 feet (indicated as line "L11" on Exhibit sketch) to a point in the south line of said Coyote Real Estate tract for the southwest corner of this easement; THENCE N. 040 32' 49" W. a distance of 275.52 feet to a point in the south line of that certain tract of land conveyed to Bobby I. Brunson and Jeanine Brunson and described as Tract 3 in a Special Warranty Deed recorded in County Clerk's File Number 2022-000682 of the Official Public Records of Hale County, Texas, for a corner of this easement, THENCE S. 890 17' 49" E. a distance of 10.04 feet (indicated as line "L12" on Exhibit sketch) to a 1/2" iron rod found at the southeast comer of said Brunson Tract 3 and an ell corner of said Coyote Real Estate tract point for an ell corner of this casement. THENCE N. 040 32' 49" W„ along the common line of said Coyote Real Estate tract and said Brunson Tracts 2 and 3, a distance of 761.40 feet to the POINT OF BEGINNING. Bearings are relative to the Texas Coordinate System of 1983 (2011). Texas North Central 'Lone. "The convergence angle to True North is -1 ° 46' 24.84" and the combined scale factor is 0.99990627. as computed from a point of origin located at Northing: 7,488,823.111 and Fasting: 984,949.854. Distances are at surface, in U.S. Survey feet. I, Norris Stevens, Registered Professional Land Surveyor, do hereby certify that this description was prepared from an actual survey of the property and that the information hereon represents the findings of this survey to the best of my knowledge and belief. Surveyed July 13. 2022 Norris Stevens Registered Professional Land Surveyor, State of'rexas, Seal No. 4339 220246-Coyote Real Lstate Ilddings. 11C Fasemeni 6515 68* Street, Suite 300 TBI'F. Reg. M F-9197 Office: (806) 771-5976 Lubbock Texas 79424 TBPELS Reg.#101785-00 Fax (806)771-7625 230 EXHIBIT "B" UNDERGROUND UTILITY EASEMENTS IN THE NORTHWEST QUARTER (NW/4) OF SECTION 29, BLOCK JK-2, G.C. & S.F. RR CO. SURVEY, ABSTRACT NO.26, HALE COUNTY, TEXAS (I INDERGROUND UTILITY EASEMENT I PARENT TRACI DESCRIBED IN A WARRANTY DEED RECORDED IN COUNTY CLERKS FILE NUMBER 2011-003677. OF THE OFFICIAL. PUBLIC RECORDS OF HALE COUNTY. TEXAS, UNDERGROUND UTILITY EASEMENT 2 PARENT TRACTS DESCRIBED AS TRACTS 2 AND 3 IN A SPECIAL WARRANTY DEED RECORDED IN COUNTY CLERK'S FILE NUMBER 2022-000682. OF THE OFFICIAL PUBLIC RECORDS OF 11ALE COUNTY, TEXAS) SHEET 2 OF 2, DESCRIPTION OF SAME DATE HEREWITH ATTACHED AS SHEET I V 4Zaso ---- ------ 1 _-RERMEIl1� ILf 9Jn ACRF3 1 -. _--._ _ - - 663ACRO I An01r 0EE11. AFNJII OC6D. a n AC1LT U ON ' L7 Rn-Rrn I-_-_-'--__ -- _POINT OF 1 BEGINNING { ,984,929.57 1 I 1 E uNE_ - -WG DWANCE 1 I k L7 N d577 11 E 10 00' I i. L8 S 04'49:70' E. 10.00' 1 L9 N 85.2 111 E. 5.00 1 j L10 S. 04' 49 E I0.00 L I r £ W27 1 I W, 25.00 1 F.. L12 S E9'I 49 10.04' 2 I L IJ N. 85771 I E 10 00 I 1 NABY I f JEAN { Inc.- F, !• I PC ( 4 ESFATE IRJ1.08YG ttl' r it f. MrorE REAL I r.uAcIFs 9 �E 1,14 1 z 1 h � ►" j I R F N. 04'32'49' W I 7E1.40' S EASEMENT I I f----------------------- F A .�UNDER6ROUNDUTILITY UTILITY EASEMENT? 10 372 ACRES) IUN�RQ aUND (0.175 ACRES) 1 1: I I { I N. as'lo'JO' E ,�ps.e4' 6i I I � S. A5t0'J0�� I I /�/Y / d JF.ANMf. 8R11ML1N. 1 916 A('R _ I I I rRArr1 rt(F>r m^r""'rl 1= E LEGEND 1 h. I SCALE I' . 120' J 0' 3080, 120' 240' R-O-W • RIGHT-OF-WAY CCFN • COUNT' CLERK'S FILE NUMBER BEARINGS AND COORDINATES ARE RELATIVE TO THE TEXAS COORDINATE SYSTEM OF 1983 (2011), TEXAS NORTH CENTRAL ZONE, CALCULATED FROM AN ORIGIN OF NORTHING. 7,488,923 111 AND CASTING "4,949 854, USING A COMBINED SCALE FACTOR OF 0 999WS27 AND A CONVERGENCE ANGLE OF (-)01'48'24 84' TO TRUE NORTH DISTANCES ARE AT SURFACE IN U S SURVEY FEET I rTR'OTEp". F3TAfE II0/JHN(;. /(Y77/ 3411 Aa1/Ill { � I L---I------ ---- ui ---- F! R RRAL 9VATR. UIC 1 /EDP I F A R RED S rl p,4(7163 » 1 WAR-8 aF I rvM- I4w41'G n41 /(iTRylallr 1 7aW A('RRS { 1 1. 4U FG fM { 1 { 1 11 I Lr i - - - - - - - - - - - - - I 1 L I +t I �I 1 ""M REAL 6FAM "IN.VIRG UA" 481JA('RES i I k 1 20' - 1 1 1 1 1 231 1 11 Aacr Recording Rcium'I'o. City of flaim•im 202 W, 5° Sirco 111ainviov. 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. UNDERGROUND UTILITY EASEMENT Effective Date: Q 2022 Grantor: I�Qrldc> ��.r S 1 C Grantor's Mailing Address: Grantee: City of Plainview, Texas Grantee's Mailing Address: Consideration: Zvl ko-iRci:Mc "t:--, 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 attached Surmy Exhibit and incorporated herein as though set forth fully herein. 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 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 Terms and Conditions: Page I of 4 232 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 all or such portion of the Grantor's property. The Easement is nonexclusive and irrevocable. Duration ojEasement. 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. Underground Utility Easement: Grantee and Grantee's successors and assigns, shall have the right, and shall have the right to authorize and assign Grantee's rights to utility companies and businesses, to construct, install, maintain, alter, replace, repair, relocate and operate utilities which include, without limitation, water. stormwater, sewer, gas, telecommunication and electric distribution/transmission utilities within the Easement. For illustration purposes and without limiting the general authority to use the Easement 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, 9ormwater, Server Utilities. Constructing, excavating, installing, maintaining, altering, replacing, repairing, relocating and operating distribution and collections lines, 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. Grantee and Grantee'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, Ngc 2 of 4 1 233 such that Grantee shall have no obligation or Iiabi Iity to Grantor, or their successors or assigns. to move or remove any such abandoned lines or appurtenances. Pre-existing InrprovementVFences and Access by Grantor. For all improvements and fences existing prior to the Effective Date of this Easement located within the Easement (Pre -Existing Improvements), Grantee and Grantee's successors and assigns (including any utility company operating under this Easement) including its employees, agents, contractors shall be responsible for the repair or replacement of Pre -Existing Improvements damaged by the installation, construction, maintenance or repair of utilities within the Easement. Grantee and Grantee's successors and assigns (including any utility company operating under this Easement) including its employees, agents, contractors shall be responsible for any damages to the Grantor's property adjacent to but not within the Easement directly attributable to the installation, construction, maintenance or repair of utilities within the Easement. Grantee and Grantee's successors and assigns (including any utility company operating under this Easement) shall provide Grantor access to Grantor's property or properties during the installation, construction, maintenance or repair of utilities within the Easement. 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:*Z"Ild3j_Al 40�v STATE OF TEXAS COUNTY OF HALE This instrument was acknowledged before me on the _13 day of Oc k6±iO 2022, by KEja al IkQ/ Ar 11 the Ag" er on behalf of I r.P..w ►� f3rn N, ,� , c. L t JASON FISHER Notary Public, State of Texas Nota blic, State of Texas � �• {¢ =rY Comm. Expires 04-29-2026 140"� Notary ID 125675624 Page 3of4 1 234 ACCEPTED BY GRANTEE: CITY OF PLAINVIEW, TEXAS Charles STATE OF TEXAS COUNTY OF PLAINVIEW § This instrument was acknowledged before me on the day of 6G►� 2022, by Charles Starnes, Mayor of the City of Plainview, Texas on behalf of the City of Plainview. 8 LINDAVALLEJO HINOJOSA NOTARY PUBLIC * STATE OF TEXAS * y IO # 644426-1 Notary Public, State of Texas of+F My Comm. Expires 04-28-2025 Page 4 of 4 1 1 1 &VIlb 235 t1 JufZv�Y � 1 AMD Engineering and Surveying DESCRIPTION OF AN UNDERGROUND UTILITY EASEMENT IN THE NORTHWEST QUARTER OF SECTION 29, BLOCK JK-2, G.C. & S.F. RR. CO. SURVEY, ABSTRACT NO.26, HALE COUNTY, TEXAS (SHEET 1 OF1, PLATOFSURVEYATTACHED HERE -WITH AS SHEET2, EXHIBIT "B J COYOTE REAL ESTATE HOLDINGS, LLC (EASEMENT No. 1, EXHIBIT "B') An Underground Utility Easement located in the Northwest Quarter (NW/4) of Section 29, Block JK-2, G.0 & S.F. RR. Co. Survey, Abstract No. 26, Hale County, Texas, and being situated within that certain tract of land conveyed to Coyote Real Estate Holdings, LLC, described as 9.813 acres of land in a Cash Warranty Deed recorded in County Clerk's File Number 2011-003677 of the Official Public Records of Hale County, Texas, said Underground Utility Easement contains 0.372 acres of land being further described by metes and bounds as follows: BEGINNING at a 1/2" iron rod found at the southern common corner of two right-of-way dedications recorded in Volume 862, Page 579 and Page 581 of the Deed Records of Hale County, Texas, same being the most northern northwest corner of said Coyote Real Estate tract, the northeast corner of that certain tract of land conveyed to Bobby 1. Brunson and Jeanine Brunson and described as Tract 2 in a Special Warranty Deed recorded in County Clerk's File Number 2022-000682 of the Official Public Records of Hale County, Texas, and the northwest corner of this easement, having coordinates of Northing: 7,488,613.89 and Easting: 984,929.53 of the Texas Coordinate System of 1983 (2011), Texas North Central Zone, whence the northwest comer of said Section 29 bears N. 04' 32' 49" W. a distance of 485.85 feet, N. 000 42' 11" E. a distance of 587.00 feet and N. 89e 17' 234' W. a distance of 2093.80 feet; THENCE N. 850 27' 11" E. a distance of 10.00 feet (indicated as line "17" on Exhibit sketch) to a point in the north line of said Coyote Real Estate tract and south line of said right-of-way dedication recorded in Volume 862, Page 581 for the most northern northeast corner of this easement; THENCE S. 040 32' 49" E., at 10.00 feet east of and parallel with the west line of said Coyote Real Estate tract, a distance of 573.40 feet to point for an ell corner of this easement; THENCE N. 850 10' 30" E. a distance of 305.64 feet to a point for the most eastern northeast corner of this easement; THENCE S. 040 49' 30" E. a distance of 10.00 feet (indicated as line "L8" on Exhibit sketch) to a point for the most eastern southeast corner of this easement; THENCE S. 850 10' 30" W. a distance of 305.69 feet to a point for an ell comer of this easement; THENCE S. 040 32' 49" E., at 10.00 feet east of and parallel with the west line of said Coyote Real Estate tract, a distance of 442.60 feet to a point for an ell corner of this easement; THENCE N. 850 27' 11 " E. a distance of 5.00 feet (indicated as line "L9" on Exhibit sketch) to a point for a corner of this easement; THENCE S. 040 32' 49" E. a distance of 10.00 feet (indicated as line "110" on Exhibit sketch) to point in the south line of said Coyote Real Estate tract for the most southern southeast comer of this easement; 6515 W Street. Suite 300 "I13PE Reg. 0 F-9197 Office: (806) 771-5976 Lubbock. Texas 79424 TBPELS Reg. 010 1785-00 Fax: (806) 771-7625 236 AMD Engineering and Surveying THENCE S. 850 27' 11" W. a distance of 25.00 feet (indicated as line "L I I" on Exhibit sketch) to a point in the south line of said Coyote Real Estate tract for the southwest corner of this easement; THENCE N. 040 32' 49" W. a distance of 275.52 feet to a point in the south line of that certain tract of land conveyed to Bobby 1. Brunson and Jeanine Brunson and described as Tract 3 in a Special Warranty Deed recorded in County Clerk's File Number 2022-000682 of the Official Public Records of Hale County, Texas, for a corner of this easement; THENCE S. 890 17' 49" E. a distance of 10.04 feet (indicated as line "LIT' on Exhibit sketch) to a 1/2" iron rod found at the southeast comer of said Brunson Tract 3 and an ell corner of said Coyote Real Estate tract point for an ell corner of this easement; THENCE N. 040 32' 49" W., along the common line of said Coyote Real Estate tract and said Brunson Tracts 2 and 3, a distance of 761.40 feet to the POINT OF BEGINNING. Bearings are relative to the Texas Coordinate System of 1983 (2011), Texas North Central Zone. The convergence angle to True North is -1 ° 46' 24.84" and the combined scale factor is 0.99990627. as computed from a point of origin located at Northing: 7,488,823.111 and Easting: 984,949.854. Distances are at surface, in U.S. Survey feet. 1, Norris Stevens, Registered Professional Land Surveyor, do hereby certify that this description was prepared from an actual survey of the property and that the information hereon represents the findings of this survey to the best of my knowledge and belief. Surveyed July 13, 2022 CA-_ Norris Stevens Registered Professional Land Surveyor, State of Texas, Seal No. 4339 220246 — Coyote Real F mtc tloldi ip. LLC Fascmcnt I-0-z0�4 6515 681" Street- Suite YXl 'I'BPE Reg. # F-9197 Office: (806) 771-5976 Lubbock. Texas 79424 VBPELS Reg. N 101785-00 Fax: (806) 771-7625 1 1 1 237 1 1 EXHIBIT "A" UNDERGROUND UTILITY EASEMENTS IN THE NORTHWEST QUARTER (NW/4) OF SECTION 29, BLOCK JK-2, G.C. & S.F. RR. CO. SURVEY, ABSTRACT NO.26, HALE COUNTY, TEXAS (UNDERGROUND UTILITY EASEMENT 3 PARENT TRACTS DESCRIBED AS TRACI'S I & 3 IN A WARRANTY DEED RECORDED IN COUNTY CLERK'S FILE NUMBER 2012-W2966, OF THE OFFICIAL PUBLIC RECORDS OF HALE COUNTY, TEXAS, UNDI;R(iROUND UTILITY EASEMENT 4 PARENT TRACTS DESCRIBED AS TRACT 41N A WARRANTY DEED RECORDED IN COUNTY CLERK'S FILE NUMBER 2021-003690 AND AS TRACTS I & 2 IN A WARRANTY DEEP RECORDED IN COUNTY CLERK'S FILE NUMBER 2021-003699, OF THE OFFICIAL PUBLIC RECORDS OF I TALE COUNTY, TEXAS) SHEET 2 OF 2, DESCRIPTION OF SAME DATE, HEREWITH ATTACHED AS SHEET I I 1 I I SOUTHWESTERN COTTONOF I ; PLAINVIEW, INC. TRACT II LEGEND I I (CCFN. 2012-w2w) IaALLEv j I I.OT I. WESTERNACRESADDITION SCALE. 1` = 100' VOL(>rf, PG 347) --y (VOL 703. PG 362) ( I I la ALLEY, PLAT 0' 25' 60' 100' 200, L i� I VOL 70), PC ru) I I ' --------------- R-0.W-RIGHT-0E-WAY. ----------------� CCFN - COUNTY CLERK'S FILE NUMBER BEARINGS AND COORDINATES ARE RELATIVE TO THE TEXAS COORDINATE SYSTEM OF 1883 (2011), I TEXAS NORTH CENTRAL ZONE. CALCULATED FROM bel AN ORIGIN OF NORTHING 7,488,823 111 AND 'w EASTING 964.940.884, USING A COMBINED SCALE n �p FACTOR OF 0-~627 AND A CONVERGENCE N N ANGLE OF (-)01'4624. 84'" TO TRUE NORTH DISTANCES ARE AT SURFACE. IN U. S SURVEY FEET MA COTTON OF PLAINVIEW, INC.W1-SOLryTIWESITRN ILO ACRES LINE BEARING DISTANCE N V N TRACT (crFN 2a2-o0)t66/ II r 2 I 70 LJ � �4, L 1 S. 85'27 / 1 W. 10.00' L2 N. 00-42 f 1 ' E. _ 8.Do' LJ N. 86'4819" E. 10.02' L 4 S. 00.42 * I t " W. 8.22' L5 S. 89'17'49" E. 20.00' L6 S. 85'2711 W. 10.00 ---——————— L4 ------ L2 I _ x _-UNDERGROUND UTILITY EASEMENT 4 10.1 W ACRES) I UNDERGRO o 228 ACRES)Epg�1ENT 3-- > I KERNELL BROTTHRA� UC• I.0 ACRES 2 Vf I N SOUTL WESTERN COTTON OF PLAINVIEW. INC.. 26.6 ACRES (CCFN, 1021 0036" J TRACTS + I (CCFN: 20 12.00I966) C.I N N I � e 1 _--`--------- ' tip I KERNELL BROT ER& L L , 60 ACRES K-C'FN_' 2021-W)689) _ N. 04'32'49" W- POINTOF 425.85' ___------ � BEGINNING---_,--------- KERh'EI.LRROTHRACr2C.0319ACRES I N 7.488,673 70 (CCFN: 2021-T)689) E 964,92477-----'"--- - .'-"------- - L6 LI R.O-WDEDICAnONDEED. 0-65ACRL II (VOL 862, PO 381) - ♦•-'— RW DEDICA7TON DEED. 019 ACRES -O- CIVIL ETIGINI LAND SURI I: ENO EnpnwFy LLC Pl 60! :.: 05158W9"K SUA 3W Fa 8M L�_ TX 19424 TBPFLS Rev 0 1.' Aiwacy - Efoir cy - Int" I C•: PREPAA'FD FpP AtE)(OR0.43 238 Afkr Recording Raum To. city of Praitrview 202 W 5* Seat IMaimiew. 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. UNDERGROUND UTILITY EASEMENT Effective Date: _ 0cA, 61 ✓ 13 2022 P"N Grantor: �a 11WI- I N (Ad'oy a._ vL0� �1wy Grantor's Mailing Address: &Cj --1i Plainview, Hale County Texas 79072 Grantee: City of Plainview, Texas Grantee's Mailing Address: 202 W. 5'" Street Plainview, Hale County. Texas 79072 Consideration: 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 attached Swwy Exhibit and irxxxporated herein as though set forth fully herein. 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 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 Terms and Conditions: Page I of 4 1 239 General: The following terms and conditions apply to the Easement granted by this agreement: Churcwter of &isement. The Easement is appurtenant to and runs with Grantor's property where the Easement Property is located, whether or not the Fasement is referenced or described in any conveyance of all or such Portion of the Grantor's property. The Easement is nonexclusive and irrevocable. Duration q/ Eawment. The duration of the Easement is perpetual. Re.urvutlon 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. Underground Utility Easement: Grantee and Grantee's successors and assigns, shall have the right, and shall have the right to authorize and assign Grantee's rights to utility companies and businesses, to construct, install. maintain, alter, replace. repair, relocate and operate utilities which include, without limitation, water, stormwater, sewer, gas, telecommunication and electric distribution/transmission utilities within the Easement. For illustration purposes and without limiting the general authority to use the Easement 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 ofelectric utility service. Natural Gas O' dines. 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. Ieleronrmunication 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. Slormwater, .Sewer Utilities. Constructing, excavating, installing, maintaining, altering, replacing, repairing, relocating and operating distribution and collections lines, 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, stonnwater, sewer utility service. General. Grantee and Grantee's successors and assigns (including any utility company operating under this Easement) including its employees, agents, contractors shall have the right (I) of ingress and egress over Grantor's adjacent lands which are contiguous to the casement: (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. P.y_ee 2 oI a 1 240 such that Grantee shall have no obligation or liability to Grantor, or their successors or assign& to move or remove any such abandoned lines or appurtenances. Pre-existing Improvements/Fences and Access by Grantor. For all improvements and fences existing prior to the Effective Date of this Easement located within the Easement (Prc-Existing Improvements), Grantee and Grantee's successors and assigns (including any utility company operating under this Easement) including its employees, agents, contractors shall he responsible for the repair or replacement of Pre -Existing Improvements damaged by the installation, construction, maintenance or repair of utilities within the Easement. Grantee and Grantee's successors and assigns (including any utility company operating under this Easement) including its employees, agents, contractors shall be responsible for any damages to the Grantor's property adjacent to but not within the Easement directly attributable to the installation, construction, maintenance or repair of utilities within the Easement. Grantee and Grantee's successors and assigns (including any utility company operating under this Easement) shall provide Grantor access to Grantor's property or properties during the installation, construction. maintenance or repair of utilities within the Easement. Ali 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. STATE OF TEXAS COUNTY OF HALE GRANTOR: a This instrument was acknowledged before me on„fhe 3 day of 0LA0 1u1 , 20�2, by 1 theon behalf of JASON FISHER ;o;p�•o�,� ; rotary ublic. State of Texas :Notary Public, State of Texas Comm. Expires 04-29-2026 Notary ID 125675624 Page 104 nnM 1 241 1 ACCEPTED BY GRANTEE: CITY O,AINVIEW,TXAS Charles Stames, ayor STATE OF TEXAS COUNTY OF PLAINVIEW § This instrument was acknowledged before me on thc'10 day of 2022, by Charles Starnes, Mayor of the City of Plainview, "texas on behalf of the City of Plainview. BELINOAVALLEJO HINOJOSA NOTARY PUBLIC ** STATE OF TEXAS Notary Public, State of Texas r y ID # 644426-1 r9lf pF TF+' My Comm. Expires 04-28-2025 1 1 242 11 SuRVEy EAI jlBr(' I, AMD Engineering and Surveying DESCRIPTION OF AN UNDERGROUND UTILITY EASEMENT IN THE NORTHWEST QUARTER OF SECTION 29, BLOCK JK-2, G.C. & S.F. RR. CO. SURVEY, ABSTRACT NO.26, HALE COUNTY, TEXAS (SHEET I OF 2, PLAT OF SURVEY ATTACHED HERE -WITH AS SHEET 2, EXHIBIT "B ) COYOTE REAL ESTATE HOLDINGS, LLC (EASEMENT No. 1, EXHIBIT "B ) An Underground Utility Easement located in the Northwest Quarter (NW/4) of Section 29, Block JK-2, G.0 & S.F. RR. Co. Survey, Abstract No. 26, Hale County, Texas, and being situated within that certain tract of land conveyed to Coyote Real Estate Holdings, LLC, described as 9.813 acres of land in a Cash Warranty Deed recorded in County Clerk's File Number 2011-003677 of the Official Public Records of Hale County, Texas, said Underground Utility Easement contains 0.372 acres of land being further described by metes and bounds as follows: BEGINNING at a 1/2" iron rod found at the southern common comer of two right-of-way dedications recorded in Volume 862, Page 579 and Page 581 of the Deed Records of Hale County, Texas, same being the most northern northwest comer of said Coyote Real Estate tract, the northeast corner of that certain tract of land conveyed to Bobby I. Brunson and Jeanine Brunson and described as Tract 2 in a Special Warranty Deed recorded in County Clerk's File Number 2022-000682 of the Official Public Records of Hale County, Texas, and the northwest corner of this easement, having coordinates of Northing: 7,488,613.89 and Easting: 984,929.53 of the Texas Coordinate System of 1983 (2011), Texas North Central Zone, whence the northwest comer of said Section 29 bears N. 04' 32' 49" W. a distance of 485.85 feet, N. 00° 42' 11" E. a distance of 587.00 feet and N. 89° 17' 23" W. a distance of 2093.80 feet; THENCE N. 850 2T I V E. a distance of 10.00 feet (indicated as line "1.7" on Exhibit sketch) to a point in the north line of said Coyote Real Estate tract and south line of said right-of-way dedication recorded in Volume 862, Page 581 for the most northern northeast comer of this easement; THENCE S. 040 32' 49" E., at 10.00 feet east of and parallel with the west line of said Coyote Real Estate tract, a distance of 573.40 feet to point for an ell comer of this easement; THENCE N. 850 10' 30" E. a distance of 305.64 feet to a point for the most eastern northeast comer of this easement; THENCE S. 040 49' 30" E. a distance of 10.00 feet (indicated as line "L8" on Exhibit sketch) to a point for the most eastern southeast corner of this easement; THENCE S. 850 10' 30" W. a distance of 305.69 feet to a point for an ell comer of this easement; THENCE S. 040 32' 49" E., at 10.00 feet east of and parallel with the west line of said Coyote Real Estate tract, a distance of 442.60 feet to a point for an ell comer of this easement; THENCE N. 850 2T 1 I" E. a distance of 5.00 feet (indicated as line "L9" on Exhibit sketch) to a point for a corner of this easement; THENCE S. 040 32' 49" E. a distance of 10.00 feet (indicated as line "L10" on Exhibit sketch) to point in the south line of said Coyote Real Estate tract for the most southern southeast corner of this easement; 6515 68" StreetSuite 300 TRPF. Reg N F-9197 Once: (806) 771-5976 Lubbock Texas 79424 1TIPELS Reg 0 101785-00 I;ax: (806) 771-7625 I", 1 243 1 1 lrl�* AMD Engineering and Surveying THENCE S. 850 27' 11" W. a distance of 25.00 feet (indicated as line "L I I" on Exhibit sketch) to a point in the south line of said Coyote Real Estate tract for the southwest comer of this casement: THENCE N. 040 32' 49" W. a distance of 275.52 feet to a point in the south line of that certain tract of land conveyed to Bobby 1. Brunson and Jeanine Brunson and described as Tract 3 in a Special Warranty Deed recorded in County Clerk's File Number 2022-000682 of the Official Public Records of Hale County. Texas, for a corner of this easement, THENCE S. 890 17' 49" E. a distance of 10.04 feet (indicated as line ' 1.12" on Exhibit sketch) to a 1 /2" iron rod found at the southeast comer of said Brunson Tract 3 and an ell comer of said Coyote Real Estate tract point for an ell comer of this easement. THENCE N. 040 32' 49" W., along the common line of said Coyote Real Estate tract and said Brunson Tracts 2 and 3, a distance of 761.40 feet to the POINT OF BEGINNING. Bearings are relative to the Texas Coordinate System of 1983 (2011). Texas North Central Zone. The convergence angle to Prue North is -1 ° 46' 24.84" and the combined scale factor is 0.99990627. as computed from a point of origin located at Northing: 7.488.823.1 11 and Fasting: 984,949.854. Distances arc at surface, in U.S. Survey feet. 1. Norris Stevens. Registered Professional Land Surveyor, do hereby certify that this description was prepared from an actual survey of the property and that the information hereon represents the findings of this survey to the best of my knowledge and belief. Surveyed July 13, 2022 i - Norris Stevens Registered Professional Land Surveyor, State of Texas, Seal No. 4339 220246 - (bole Heel I,SUc Iluldinp. LIA Fi wwjil 6515 686 Street. Suite Yx) 1 BPI: Reg. N F-9197 LubN". Texas 79424 1'BP61.S Reg. R 101785-00 p4-zu ()Ilice: (806) 771-5976 Fax: (806)771-7625 Mill EXHIBIT •A• UNDERGROUND UTILITY EASEMENTS IN THE NORTHWEST QUARTER (NW/4) OF SECTION 29, BLOCK JK-2, G.C. & S.F. RR. CO. SURVEY, ABSTRACT NO.26, HALE COUNTY, TEXAS (UNDERGROUND UTILITY EASEMENT 3 PARENTTRACTS DESCRIBED AS TRACTS 1 & 3 IN A WARRANTY DEED RECORDED IN COUNTY CLERK'S FILE NUMBER 2012-002966, OF THE OFFICIAL PUBLIC RECORDS OF IIALE COUNTY. TEXAS. UNDERGROUND UTILITY EASEMENT 4 PARENT TRACTS DESCRIBED AS TRACT 4 IN A WARRANTY DEED RECORDED IN COUNTY CLERK'S FILE NUMBER 2021-003690 AND AS TRACTS I & 2 IN A WARRANTY DEED RECORDED IN COUNTY CLERK'S FILE NUMBER 2021-0036119. Or T11F. OFFICIAL. PUBLIC RECORDS OF HALE COUNTY. TEXAS) SHEET 2 OF 2. DESCRIPTION OF SAME DATE IIFREW1711 ATTACHED AS SHRFT I -AIa'fl'-F4TruttL I SIDUTNN'ESTERN COT10NOF PIAIA'17EW. INC.. TRACru --�/ LEGEND I RT fW 2012-m29m) 10 AUJlY I WTI WL37fiRN A('REti A/>Ul1 X1N I I OL. 10A FT:." - SCALE 1' = 1017 �I "`���--- MN. >Il3 Hi 2A21 1 I I 10 AU". FIAT 0' 25' W 100, 200' --y If IFT1L MA FG mo I L� 1 R-O-W a RIGHT-OF-WAY CCFN = COUNTY CLERK'S FILE NUMBER BEARINGS AND COORDINATES ARE RELATIVE TO THE TEXAS COORDINATE SYSTEM OF 1983 (2011), TEXAS NORTH CENTRAL ZONE. CALCULATED FROM AN ORX30( OF NORTHING 7 498.923 111 AND EASTING 954.949 854. USING A COMBMED SCALE FACTOR OF 0 99990627 AND A CONVERGENCE ANGLE OF (-)01.46-24 84- TO TRUE NORTH DISTANCES ARE AT SURFACE. IN US SURVEY FFFT LI BEARING _ L 1 _ - S. 8577' 1 1 W _DISTANCE 10.00' L2 N 00'42' 1 I " E 8.00' LJ N. 86'48'29" E. 10.02' L 4 S 00'42 1 1 W 8.22' L5 S. 89'1749 E. 20.00' L6 S. 85-27 11 W 10 00' UNDERGROUND UTILITY EASEMENT (0.228 ACRES) ,VTIIWaMNCOTTD OFPL INVIEW'INC.26.6ACRFS I(T-FN•20/1.9029W M go N 21 �I POINT OF BEGINNING N 7 488.673 70 E- 984.9924.77 ( I I N I 3 SOI/1TIwEST'E11N COTTON OF pL,(1NVIEW. INC I 20ACRES I TRACT 1 1(X w. 2012, 029" I I I I ,L•3 -1 -------- ------4 ;�L' I M I � UNDERGROUND UTILITY EASEMENT 4 (0.100 ACRES) I I I KERNELL BRO C-. 20 ACRES .- 9 y1 TRACT 1CY'FN 2021-M1N4 I J 9p ♦� I I I IC b I Eh I 4 --------------------------------- ILn � I KE)tNELLBROTNERS LLC-.10ACRES I T1tACr I ,rpl 2021a0lYq I I N. 04.3249" W 425.85' __ -------- ---- KERNEU. BROTHERS. La..O.l19 ACRES I I T1tACT2 DEED065A(WES I L L I R.O-W I)EoICAIl— rLYll. 862. FG 5811 �'— R-O.wDELNCAIHwDEED. a19ACRES — — — — ( Caw CIVIL L'NGINLGRINLi t I AND St IRVEYIN(i I I Aw Enp— LLc "n e0s.n1.9m t as, soft S.— 9— Fu 004.TT.AM I ; liEOorli T• 7%24 TWELS Rp •tOl itl5130 Accu -y Eft-cr - IM6pr4T '- - I [ RREwREOFOR .ufxrraoss ( GF4 Aw ITV JOB AIAMER ]M).6 O ]O?] ALL RIGHTS RESERVED J 1