HomeMy WebLinkAboutR20-475WOUM
RESOLUTION No. R20-475
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 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, 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 Highway (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 be true and correct
and are hereby adopted and approved.
2. THAT the Easements for the following properties and attached to this
resolution grant to the City of Plainview a permanent and perpetual right of way easement
for the erection, construction, operation, maintenance, repair, removal and replacement
of a public roadway and all appurtenances thereto, and for all other purposes for which
an easement is commonly used including, without limitation, constructing, installing,
maintaining, altering, replacing, repairing, relocating and operating utilities which include,
without limitation, water, stormwater, sewer, gas, telecommunication and electric
distribution/transmission utilities:
Property Address Owner
1920 W 24th South Plains College
1100 W 24th Plainview Independent School District
2311 Quincy Elias Medina
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.
RESOLUTION R20-475 Page 1 of 2
w
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.
Passed by the City Council this 28h day of April, 2020.
ATTEST:
&w /�-�
Belinda Hi ojos , City Secretary
APPROVE-RAS TO CONSENT:
Jeffrey re7,-?�*lanager
APPROVED AS TO FORM:
Matth6w L. Wade, City Attorney
1
RESOLUTION R20-475
Page 2 of 2
461
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: & ( �5 , 2020
Grantor: South Plains College
Grantor's Mailing Address: 1920 W 24th
Plainview, Hale County Texas 79072
Grantee: City of Plainview, Texas
Grantee's Mailing Address: 901 Broadway
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 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
Page I of 4
462
Terms and Conditions:
General: The following terms and conditions apply to the Easement granted by this agreement:
Character of Easement. The Easement is appurtenant to and runs with Grantor's property where the Easement
Property is located, whether or not the Easement is referenced or described in any conveyance of 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,
sormwater, 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,
Page 2 of 4
463
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:
STATE OF TEXAS
COUNTY OF HALE
This ins ment was acknowledged before me on the 6 day of AC; / ,
2020 by , the 94 -A✓ on behalf of
ROBYN KAY REAVESit
Notary Public, Stele of Texas ry Pub , Sla of TO
s
• ID i 129t816fS-2
My Commisalon Expires
0 07-17-2022
Page 3 of 4
ACCEPTED BY GRANTEE:
CITY OF PLAINVIEW, TEXAS
By:
Wendell Dunlap, Mayor
STATE OF TEXAS
COUNTY OF PLAINVIEW §
`'
This instrument was acknowledged before me on theSdJ
day of —Ape, ,
2020, by Wendell Dunlap, Mayor of the City of Plainview, Texas on behalf of the tity of Plainview.
�pAY P BELINDA HINOJOSA
NOTY * S ATEOFTEXAS PUBLIC
Notary Public, State of Texas
oF�+�y ID # 644426-1
MY Comm. Expires 04-28-2021
1
Page 4 of 4
Exhibit "A"
465
PARKHILLSMITH&COOPER 4222 85th Street
Lubbock, Texas 79423
806.473.2200
10-FOOT WIDE RIGHT-OF-WAY DEDICATION IN
LOT 1, BLOCK 6, GARDENVILLE SUBDIVISION, UNIT NO. 2,
AN ADDITION TO THE CITY OF PLAINVIEW,
HALE COUNTY, TEXAS
A 10-foot wide right-of-way dedication in Lot 1, Block 6, Gardenville Subdivision, Unit No. 2, an
addition to the City of Plainview, Hale County, Texas, according to the map, plat and/or dedication
deed thereof recorded in Volume 722, Page 197 of the Official Public Records of Hale County,
Texas, said right-of-way dedication contains 0.096 acres (4,190 square feet), being further
described by metes and bounds as follows:
BEGINNING at a 1/2-inch iron rod with a plastic cap marked "PSC RPLS 6453" set in the east
right-of-way line of Sabine Street, dedicated by an instrument recorded in Volume 199, Page 121
and by said plat of Gardenville Subdivision, Unit No. 2, in the west line of said Lot 1, for the
northwest corner of this dedication, said beginning point having coordinates of NORTHING:
7,500,221.83 and EASTING: 992,741.92, Texas Coordinate System, North Central Zone 4202,
North American Datum of 1983, whence the southeast corner of Section 35, Block JK-2 bears
South 00 degrees 39 minutes 42 seconds West a distance of 60.00 feet and South 89 degrees
20 minutes 18 seconds East a distance of 748.80 feet;
(1) THECE South 89 degrees 20 minutes 18 seconds East a distance of 418.93 feet to a 1/2-inch
iron rod with a plastic cap marked "PSC RPLS 6453" set in the east line of said Lot 1 for the
northeast corner of this dedication, said point having coordinates of NORTHING: 7,500,216.99
and EASTING: 993,160.80, Texas Coordinate System, North Central Zone 4202, North American
Datum of 1983;
(2) THENCE South 00 degrees 42 minutes 32 seconds West a distance of 10.00 feet to a point
in the existing north right-of-way line of 241' Street, for the southeast corner of said Lot 1 and this
dedication;
(3) THENCE North 89 degrees 20 minutes 18 seconds West, along the existing north right-of-way
line of said 2411 Street, a distance of 418.93 feet to a point in the east right-of-way line of said
Sabine Street, for the southwest corner of said Lot 1 and this dedication;
Texas Registered Surveying Firm # 10194091
Page I of 3
466 Exhibit "A"
(4) THENCE North 00 degrees 39 minutes 42 seconds East, along the east right-of-way line of
said Sabine Street and the west line of said Lot 1, a distance of 10.00 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 1983. Distances called
in these descriptions are at surface. Areas reported in these descriptions are based on
calculations made from surface distances. This survey is subject to any facts which may be
disclosed by a full and accurate title search. Record documents other than those shown may
affect these tracts. A plat of this survey is included on page 3 of this document.
This description was prepared from a previous boundary survey of 241" 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.
February 24, 2020
Page 2 of 3
Z
01
1
Orl
a
ci
I'-
W 8
W
L�tl
W d
Z�
Q
U)
3
N 00'39'42" E
10.00,
LOT 1.BLOCK 6
GARDENVILLE SUBDIVISION
UNIT NO. 2
PLAT: VOL. 722, PG. 197
GRANTEE: SOUTH PLAINS
JUNIOR COLLEGE DISTRICT
VOL. 1015, PG. 5148
NORTHING. 7,500,221.83
EASTING.992,741.92
POINT OF
BEGINNING
S 89'20'18" E 418.93'
N 89*20'18' W 418.93-
N 24TH STREET
r
SOUTH LINE OF SECTION 35. E
NORTH LINE OF
NOR
7 M I NG:7, 500, 216.99
EASTING:993,160.80
AREA 4,190 S. F
(0.096 ACRES)
K JK-2
34. BLOCK JK-2
I
I
I
i
I
I
I
I
I
I
e5;0
YpZC�
r- a
mNz�
uj
I
CID J
J O J
0Zgo
J a
I
�ujS
a
PROPOSED R-O-W LINE
EXISTING R-0-W LINE
S 00'42'32' W
10.00,
- — — — — — — — —1— — — —
— — — — — — — — — — — — — — — — —
I
RIGHT-OF-WAY DEDICATION IN
LOT 1 BLOCK 6,
GARDENVILLE SUBDIVISION X
UNIT No. 2,
AN ADDITION TO THE CITY OF D
PLAINVIEW, HALE COUNTY TEXAS
PLAT: VOLUME 722, PAGE 197
OFFICIAL PUBLIC RECORDS OF HALE COUNTY, TEXAS
SCALE. 1" _ '.00'
= SET 112- IRON ROD WITH CAP -PSC RPLS 6453"
0 100, 200'
10009 NORTH
NOTE:
MONUMENTS SET WITH THIS SURVEY ARE BASED ON A PREVIOUSLY ESTABLISHED
SURVEY OF SECTION 35. BLOCK JK-2 6 24TH STREET RIGHT-OF-WAY LINES.
SURVEYOR'S 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
OF THIS SURVEY TO
SURVEYED.
FEBRUARY 24. 2020
S
SAMUEL WY
R.P.L.S. 6453
PAGE 3 OF 3 (SEE PAGES 1 8 2 FOR A FULL METES AND BOUNDS DESCRIPTION)
PARKHILL SMITH & COOPER
TBPELS FIRM REGISTRATION NO. 10194091
4222 85TH STREET
11111 LUBBOCK, TX. 79423
806.473.2200
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:, 2020
Grantor: Plainview Independent School District
Grantor's Mailing Address: 2417 Yonkers Street
Plainview, Hale County Texas 79072
Grantee: City of Plainview, Texas
Grantee's Mailing Address: 901 Broadway
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 Exhihi[ "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
Page I of 4
KO
Terms and Conditions:
General: The following terms and conditions apply to the Easement granted by this agreement:
Character of Easement. The Easement is appurtenant to and runs with Grantor's property where the Easement
Property is located, whether or not the Easement is referenced or described in any conveyance of 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 Wav/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,
Page 2 of 4
Nil
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:
AUAU-42 (Lea-6,d
By:
STATE OF TEXAS
COUNTY OF HALE
Th* instrume wasackn ledged before me n the �_ ay f ,
by 1 - ,the on behalf of
uc#
EIOSIE LICERIONOTARY PUBLIC Notary Public, State of Texas
STATE OF TEXASID M 12862186-5mm. Expires 06-16.2023
Page 3 of 4
471
1
ACCEPTED BY GRANTEE:
CITY OF PLAINVIEW, TEXAS
By: bjlen-!�
Wendell Dunlap, Mayor
STATE OF TEXAS
COUNTY OF PLAINVIEW §
This instrument was acknowledged before me on the Ju' day of
2020, by Wendell Dunlap, Mayor of the City of Plainview, Texas on behalf of the City of Plainview.
1.10 . --?<�—
BELINDA HINOJOSA fim
2 NOTARY PUBLIC Notary Public, S to Texas
* STATE OF TEXAS
10 # 844426-1
My Comm. Expires 04-28-2021
Page 4 of 4
472
Exhibit "A"
PARKHILLSMITH&COOPER 4222 85th Street
Lubbock Texas 79423
' 806.473.2200
42-FOOT WIDE RIGHT-OF-WAY DEDICATION IN
LOT 2, CORONADO ADDITION,
AN UNRECORDED SUBDIVISION IN
THE CITY OF PLAINVIEW,
SECTION 38, BLOCK JK-2, HALE COUNTY, TEXAS
A 42-foot wide right-of-way dedication in Lot 2, Coronado Addition, an unrecorded subdivision in
the City of Plainview, in Section 38, Block JK-2, Hale County, Texas, described in an instrument
recorded in Volume 631, Page 259 of the Official Public Records of Hale County, Texas, said
right-of-way dedication contains 0.627 acres (27,300 square feet) being further described by
metes and bounds as follows:
BEGINNING at a 1/2-inch iron rod with a plastic cap marked "PSC RPLS 6453" set in the west
line of said Lot 2 in the east right-of-way line of Lexington Street for the northwest corner of this
dedication, said beginning point having coordinates of NORTHING: 7,500,202.69 and EASTING:
995,425.26, Texas Coordinate System, North Central Zone 4202, North American Datum of 1983,
whence the southwest corner of said Section 38, Block JK-2 bears South 00 degrees 39 minutes
57 seconds West a distance of 72.00 feet and North 89 degrees 20 minutes 03 seconds West a
distance of 1934.79 feet;
(1) THENCE South 89 degrees 20 minutes 03 seconds East a distance of 650.00 feet to a 1/2-
inch iron rod with a plastic cap marked "PSC RPLS 6453" set in the east line of said Lot 2 and the
west right-of-way line of Joliet Street, for the northeast corner of this dedication, said point having
coordinates of NORTHING: 7,500,195.14 and EASTING: 996,075.16, Texas Coordinate System,
North Central Zone 4202, North American Datum of 1983;
(2) THENCE South 00 degrees 41 minutes 07 seconds West, along the west right-of-way line of
said Joliet Street, a distance of 42.00 feet to a point in the existing north right-of-way line of 241'
Street, for the southeast corner of said Lot 2 and this dedication;
(3) THENCE North 89 degrees 20 minutes 03 seconds West, along the existing north right-of-way
line of said 241' Street, a distance of 650.00 feet to a point in the east right-of-way line of said
Lexington Street for the southwest corner of said Lot 2 and this dedication;
Texas Registered Surveying Firm # 10194091
Pagel of 3
473
1-1
r]
1
(4) THENCE North 00 degrees 41 minutes 07 seconds East, along the east right-of-way line of
said Lexington Street and the west line of said Lot 2, a distance of 42.00 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 1983. Distances called
in these descriptions are at surface. Areas reported in these descriptions are based on
calculations made from surface distances. This survey is subject to any facts which may be
disclosed by a full and accurate title search. Record documents other than those shown may
affect these tracts. A plat of this survey is included on page 3 of this document.
This description was prepared from a previous boundary survey of 241h Street, Section 35 and
Section 38, Block JK-2 and an actual survey of the property and the information hereon represents
the findings of this survey to the best of my knowledge and belief.
Surveyed: February 24, 2020
OFC
2%
yP�r'�G�STE
N
SAMUEL WYATT
!_ �6453
Samuel Wyatt, R7L.S. 6453
Page 2 of 3
L
�-9
O = SET 12' IRON ROD WITH CAP -PSC RPLS 6453'.
SCALE: 1' = 100'
0 100, 200•
NORTH
LOT 2. CORONADO ADDITION
PLAT: RECORDING INFORMATION NOT FOUND
UNRECORDED PLAT PROVIDED BY CITY OF
PWNVIEW
NORTH IJG:7, 500.202.69
EASTING:995,425.26
POINT OF
PROPOSED R-0-W LINE
EXISTING R-O-W LINE
�N00.4rorE
42.W
I I I
I I I
I I I
i I I
I I I
I
I
t
A 42-FOOT WIDE RIGHT-OF-WAY
DEDICATION IN
LOT 2, CORONADO ADDITION
AN UNRECORDED SUBDIVISION IN
THE CITY OF PLAINVIEW,
SECTION 38, BLOCK JK-2,
HALE COUNTY TEXAS
PARENT TRACT: VOLUME 631, PAGE 249
OFFICIAL PUBLIC RECORDS OF HALE COUNTY, TEXAS
SURVEYOR'S 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
0 SURFACE DISTANCES,
LL) Z - THIS SURVEY IS SUBJECT TO ANY FACTS WHICH MAY BE DISCLOSED
O y 'x BY A FULL AND ACCURATE TITLE SEARCH. RECORD DOCUMENTS
E a OTHER THAN THOSE SHOWN MAY AFFECT THIS TRACT.
o O
N j o MONUMENTS INDICATED AS FOUND BY THIS SURVEY ARE NOT
rn 'PHYSICAL MONUMENTS OF RECORD DIGNITY' UNLESS SO NOTED.
LU I I o FOUND MONUMENTS ARE ACCEPTED BY THIS SURVEYOR AS
J 2 H CONTROLLING EVIDENCE DUE TO SUBSTANTIAL AGREEMENT WITH
Q i, L01 i RECORD DOCUMENTS.
W
z THIS PLAT IS INVALID UNLESS IT BEARS THE SURVEYORS ORIGINAL
SEAL AND SIGNATURE.
THIS PLAT WAS PREPARED FROM AN ACTUAL SURVEY OF THE
PROPERTY AND THE INFORMATION HEREON ENTS THE
FINDINGS OF THIS SURVEY TO THE BE GE AND
------------ ---.._.. "'��•�••-` S00-41 V7-W J BELIEF.
24TH STREET 42.00'
, ftiw% F
r — — — — — — — — — rr SURVEYED: tQ�rGNSTE
. .
FEBRUARY24,2020 y•0 �Q
W i I I I • f+� e:
I I I I I SAMUEL WYATT a
�1 !� I I to I I I I SAMUEL wYA ` �`7'ESs,��
RP.L.S.6453 ^7
I I I I I PAGE 3 OF 3 (SEE PAGES 1 6 2 FOR A FULL METES AND BOUNDS DESCRIPTION)
RECORD OWNER:
PLAINVIEW ISD: VOL. 631, PG. 259
S 89'20'03' E 650.W
AREA 27,300 S.F.
(0.827 ACRES)
N 89'20.03' W 650.W
H LINE OF SECTION 38. BLOCK
NORTHING: 7.500.195.14
EASTING:9%,075.16
NOTE:
MONUMENTS SET WITH THIS SURVEY ARE BASED ON A PREVIOUSLY ESTABLISHED
SURVEY OF SECTION 35, BLOCK JK-2 6 24TH STREET RIGHT-OF-WAY LINES.
PARKHILL SMITH & COOPER
TBPELS FIRM REGISTRATION NO. 10194091
1$" 4222 85TH STREET
LUBBOCK TX. 79423
806.473.2200
475
After Recordmg Retum To
City of Plainview
901 Broadway
Plainview, TX 79072
1
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: /90r1'1 _/(0, 2020
Grantor: Elias Medina
Grantor's Mailing Address:
Grantee: City of Plainview, Texas
Grantee's Mailing Address:
Consideration:
2311 Quincy
Plainview, Hale County Texas 79072
901 Broadway
Plainview, Hale County, Texas 79072
Ten and No/100 Dollars ($10.00) and other valuable consideration to the undersigned paid by the
Grantee, the receipt of which is hereby acknowledged.
Easement Property:
See Exhibit "A "
Grant of Easement and Purpose:
Grantor, for the Consideration stated and subject to the Reservations and Exceptions hereinafter made
and with the restrictions and upon the covenants below stated, does grant, sell, and convey unto the
Grantee, its successors and assigns, a permanent and perpetual easement over, on, and across the
Easement Property, with the right of ingress and egress for all pedestrian and vehicular traffic, to
construct, inspect, repair and maintain a road for such purposes, and for all other purposes for which
an easement is commonly used including, without limitation, constructing, installing, maintaining,
altering, replacing, repairing, relocating and operating utilities which include, without limitation,
water, stormwater, sewer, gas, telecommunication and 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
Page I of 4
we
Terms and Conditions:
General: The following terms and conditions apply to the Easement granted by this agreement:
Character of Easement. The Easement is appurtenant to and runs with Grantor's property where the Easement
Property is located, whether or not the Easement is referenced or described in any conveyance of 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.
Teleconmrunication 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, Stornrwater, Sewer Utilities. Constructing, excavating, installing, maintaining,
altering, replacing, repairing, relocating and operating distribution and collections lines,
Page 2 of 4
477
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,
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:
STATE OF TEXAS
COUNTY OF HALE
This instrument was acknowledged before me on the Ory day of ,
2020, by gf/eaj WezK.b&- hc' _
JUDY RASHER
NOTARY PUBLIC
* STATE OF TEXAS
�4 ID 0120M9"
OF My CMM. Evkn 00-20-2020
Page 3 of 4
WI•
•
ACCEPTED BY GRANTEE:
CITY OF PLAINVIEW, TEXAS
By: 01
Wendell Dunlap, Mayor
STATE OF TEXAS
COUNTY OF PLAINVIEW §
This instrument was acknowledged before me on the i'/V day of 4
2020, by Wendell Dunlap, Mayor of the City of Plainview, Texas on behalf of the ity of Plainview.
PV BELINDA HINOJOSA
NOTARY PUBLIC
STATE OF TEXAS
�y �y ID # 644426-1
of �+ My Comm. Expires 04-28-2021
-/kL'/ / L4,1
Notary Public, State of Texas
Page 4 of 4
1
1
11
479
Exhibit "A"
PARKHILLSMITH&COOPER 4222 85th Street
Lubbock, Texas 79423
806.473.2200
A RIGHT-OF-WAY DEDICATION IN AN UNPLATTED TRACT OF LAND IN
THE CITY OF PLAINVIEW, SECTION 34 BLOCK JK-2,
HALE COUNTY, TEXAS
A right-of-way dedication in an unplatted tract of land in the City of Plainview, Section 34, Block JK-2, Hale County, Texas,
being situated in a tract of land conveyed to Elias Medina, described in a warranty deed recorded in Volume 1056, Page
1578 of the Official Public Records of Hale County, Texas, said right-of-way dedication contains 0.006 acres (265 square
feet) being further described by metes and bounds as follows:
BEGINNING at a 1/2-inch iron rod with a plastic cap marked "PSC RPLS 6453" set in north line of said parent tract, in the
existing south right-of-way line of 24t" Street, for the northwest corner of this tract, said beginning point having coordinates
of NORTHING: 7,500,116.39 and EASTING: 993,428.99, Texas Coordinate System, North Central Zone 4202, North
American Datum of 1983, whence the northeast corner of said Section 34, Block JK-2 bears North 00 degrees 39 minutes
42 seconds East a distance of 37.50 feet and South 89 degrees 20 minutes 18 seconds East a distance of 60.50 feet;
(1) THENCE South 89 degrees 20 minutes 18 seconds East, along the existing south right-of-way line of said 24t" Street, a
distance of 23.00 feet to a point in the west right-of-way line of Quincy Street, for the northeast corner of said parent tract
and the northeast corner of this dedication;
(2) THENCE South 00 degrees 39 minutes 42 seconds West, along the east line of said parent tract and the west right-of-
way line of said Quincy Street, a distance of 23.00 feet to a 1/2-inch iron rod with a plastic cap marked "PSC RPLS 6453"
set for the southeast corner of this dedication, said point having coordinates of NORTHING: 7,500,093.13 and EASTING:
993,451.73, Texas Coordinate System, North Central Zone 4202, North American Datum of 1983;
(3) THENCE North 44 degrees 20 minutes 18 seconds West a distance of 32.53 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 1983. Distances called in these descriptions are at surface. Areas reported in these
descriptions are based on calculations made from surface distances. This survey is subject to any facts which may be
disclosed by a full and accurate title search. Record documents other than those shown may affect these tracts. A plat of
this survey is included on page 2 of this document.
This description was prepared from a previous boundary survey of 241" 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, 20200* GIST
p"� N.»•.•; F 5`�'� j03���'
OF t
Samuel Wyatt, R.P.L.,3. 6453
Texas Registered Surveying Firm # 10194091
Page I of 2
10
RIGHT-OF-WAY DEDICATION IN
AN UNPLATTED TRACT OF LAND IN
THE CITY OF PLAINVIEW,
SECTION 34, BLOCK JK-2,
HALE COUNTY TEXAS
PARENT TRACT: VOLUME 1056, PAGE 1578
OFFICIAL PUBLIC RECORDS OF HALE COUNTY, TEXAS
m
x
cr
SCALE 1-=100
N
L— — — — — — — — — — — — — —
N
O = SET 1R' IRON ROD WITH CAP'PSC RPLS 645Y.
— — — — - Y
I I
Y
I
0 100' 2OU
W I
NORTH
LU
Z
SURVEYOR'S REPORT:
4
Zn
o
N I
BEARINGS AND COORDINATES SHOWN ON THIS SURVEY ARE BASED ON THE TEXAS
j U
L)
i
COORDINATE SYSTEM, TXNC ZONE 4202. NAD'83.
oZ
I
DISTANCES REPORTED HEREON ARE AT SURFACE.
I
AREAS REPORTED HEREON ARE BASED ON CALCULATIONS MADE AT SURFACE
Z
=
O
DISTANCES.
• _ _I_ _ _ _ _ (
- `
~
I
I
THIS SURVEY IS SUBJECT TO ANY FACTS WHICH MAY BE DISCLOSED BY A FULL AND
_ _ -- -- _ _
----
-- I ---�--�---�
_
L-_
_ -__ ACCURATE TITLE SEARCH. RECORD DOCUMENTS OTHER THAN THOSE SHOWN MAY
_�.
----_- _
AFFECT THIS TRACT.
LINE OF SECTION 35. BLOCK JK-2
S 99'20'18" E AREA 265 S.F.
23.00' -\(0.006 ACRES)
--------------
NORTHLNG: 7,500,116.39
EASTING:993,428.99
PONT OF I
BEGINING
I I
NOT PLATTED I N 4t'20'18' W
32.53'
NORTHING: 7,500.093.13 I
EASTING:993,451.73
I I
NOT PLATTED I
GRANTEE: ELIAS MEDINA
VOL. 1056, PG, 1578
L--- - - - - - -
I
S 00'39'41' W "' ""` - Vr Ja, tILUI:K JK-2
23.W 24TH STREET
/ ---------------T--
I I
I I
N I I
O I I
m i I
Zn I
O I I
I I
L-------------1--
O
i I
V I
rn
i
NOTE:
MONUMENTS SET WITH THIS SURVEY ARE BASED ON A PREVIOUSLY ESTABLISHED
SURVEY OF SECTION 35, BLOCK JK•2 & 24TH STREET RIGHT-OF-WAY LINES.
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 REPRESENTS THE FINDINGS OF THIS SU E BEST OF
MY KNOWLEDGE AND BELIEF. -J-)
SURVEYED: •
FEBRUARY 24, 2020 Gj••��GiS TF,Q�
SAAMUEL• �'••«
SAMUEL 453 FSS10�
R.P.L.S. 8453 'Y�
PAGE 2 OF 2 (SEE PAGE 1 FOR A FULL METES AND BOUNDS DESCRIPTION)
PARKHILL SMITH & COOPER
TBPELS FIRM REGISTRATION NO.10194091
4222 85TH STREET
in LUBBOCK. TX. 79423
606.473.2200
m
11111111111
3 m
LM
;a
24TH STREET
24THSTREET
-------
—-----------------------_—
——
.—
/- EW COROETE DRIVEWAY I119 Srl
\ U
I O
E
i1—Y----------------------------
---------------------
r
---------------
r
i .
I
i
i
i
i
rill
N
,w ooaAnrrswu,.mw
an..rn ra. ne nwos n
wnw.nrn owoAoea
0
PLAI NV I EW,TX
24TH STREET
RECONSTRUCTION
007 NwoADWAY STNBET
PLAINVRW, Tx
TSOT!
PRK
00