HomeMy WebLinkAboutR20-476R6N
RESOLUTION No. R20-476
RESOLUTION ACCEPTING RIGHT-OF-WAY AND UTILITY EASEMENTS
ALONG 24T" 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
2401 Galveston Tonya McClenney
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
RESOLUTION R20-476 Page 1 of 2
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any such documents as necessary to affect and certify the acceptance of these
Easements.
Passed by the City Council this 12t' day of May, 2020.
ATTEST:
Belinda Hinojosa, City Secikry
APPROV
Jeffrey
O CONTENT:
APPROVED AS TO FORM:
Matt Vw L. Wade, City Attorney
Wendell Dunlap, Mayor
RESOLUTION R20-476
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After Recording Return To
City of Plainview
901 Broadway
Plainview, TX 79072
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION
FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY
BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL
SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
RIGHT OF WAY AND UTILITY EASEMENT
Effective Date: .2020
Grantor: Tonya McClenney
Grantor's Mailing Address:
Grantee: City of Plainview, Texas
Grantee's Mailing Address:
Consideration:
2401 Galveston
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
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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.
Resen•ation 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/Roadwav: 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, Stornnvater, Sewer Utilities. Constructing, excavating, installing, maintaining,
altering, replacing, repairing, relocating and operating distribution and collections lines,
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pipelines necessary for conveying or collecting water, 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:
i
By —
P KASSI RAE YANCEY
NOTARY PUBLIC
STATE OF TEXAS
t CO ID # 13163984-1
STATE OF TEXAS § OF ` ~ My Comm. Expires 01 12 2022
COUNTY OF HALE §
This instrument was acknowledged before me on the �_ day of
2020, by YYI C
No ary Public, State orTexa
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ACCEPTED BY GRANTEE:
CITY OF PLAINVIEW, TEXAS
By:
Wendell Dunlap, Mayor
STATE OF TEXAS
COUNTY OF PLAINVIEW
This instrument was acknowledged before me on the day of ,
2020, by Wendell Dunlap, Mayor of the City of Plainview, Texas on behalf of the City of Plainview.
Notary Public, State of Texas
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� ee
Exhibit ''A"
PARKHILLSMITH&COOPER
.11
20-FOOT WIDE RIGHT-OF-WAY DEDICATION IN
THE SOUTH 80-FEET OF
LOT 7 & THE EAST 30' OF LOT 8, BLOCK 1,
TITUS AND PILLOW SUBDIVISION,
AN ADDITION TO THE CITY OF PLAIVNIEW,
HALE COUNTY, TEXAS
4222 85th Street
Lubbock
, Texas 79423
806.473.2200
A 20-foot wide right-of-way dedication in the south 80-feet of Lot 7 and the east 30-feet of Lot 8,
Block 1, Titus and Pillow Subdivision, an addition to the City of Plainview, Hale County, Texas,
according to the map, plat and/or dedication deed thereof recorded in Volume 336, Page 515 of
the Deed Records of Hale County, Texas, said right-of-way dedication contains 0.056 acres
(2,433 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 east 30-feet of Lot 8, for the northwest corner of this dedication, said beginning point
having coordinates of NORTHING: 7,500,162.87 and EASTING: 996,958.63, Texas Coordinate
System, North Central Zone 4202, North American Datum of 1983, whence the southwest corner
of Section 38, Block JK-2 bears South 00 degrees 39 minutes 57 seconds West a distance of
50.00 feet and North 89 degrees 20 minutes 03 seconds West a distance of 3468.65 feet;
(1) THENCE South 89 degrees 20 minutes 03 seconds East a distance of 121.64 feet to a 1/2-
inch iron rod with a plastic cap marked "PSC RPLS 6453" set in the east line of said Lot 7, in the
west right-of-way line of Galveston Street, dedicated with said plat of Titus and Pillow Subdivision,
for the northeast corner of this dedication, said point having coordinates of NORTHING:
7,500,161.46 and EASTING: 997,080.25, 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 Galveston Street, a distance of 20.00 feet to a point in the existing north right-of-way line of
241h Street for the southeast corner of said Lot 7, and the southeast corner of this dedication;
(3) THENCE North 89 degrees 20 minutes 03 seconds West, along the existing north right-of-way
line of said 24`h Street, a distance of 121.63 feet to a point for the southwest corner of the east
30-feet of said Lot 8 and this dedication;
Texas Registered Surveying Firm # 10194091
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Exhibit "A"
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(4) THENCE North 00 degrees 41 minutes 07 seconds East, along west line of the east 30-feet
of said Lot 8, a distance of 20.00 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.
Surveyed: February 24, 2020 OF 0'�'�1
AY %SST"90F R* %
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...........................
SAMUEL WYATT
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p, �8453 v�
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Samuel Wyatt, 7P.L.S. 6453
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NORTHING.7,500,162.87
EASTING:996,958.63
PONT OF
BEGINING
PROPOSED RAW LINE
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p EXISTING R-O-W LINE /
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1 AREA 2.433 S.F. I
(0.058 ACRES)
S 89-20'03- E 121.64' I
N 89.20'03- W 121.63'
LINE OF SECTION 38. B
24TH STREET
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A 20'-WIDE RIGHT-OF-WAY DEDICATION IN
THE SOUTH 80-FEET OF
LOT 7 & THE EAST 30' OF LOT 8, BLOCK 1, X
TITUS AND PILLOW SUBDIVISION,
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NORTHING.7.500,161.46
EASTING:997,080.25
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S 00'41'07' Vv
20.00'
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AN ADDITION TO
THE CITY OF PLAINVIEW,
HALE COUNTY TEXAS
PLAT: VOLUME 336, PAGE 515,
OFFICIAL PUBLIC RECORDS OF HALE COUNTY, TEXAS
SCALE 1' = 100'
O =SET 12' IRON ROD WITH CAP'PSC RPLS 6453'
0 100' 200' 410
NORTH
NOTE.
MONUMENTS SET WITH THIS SURVEY ARE BASED ON A PREVIOUSLY ESTABLISHED
SURVEY OF SECTION 35, BLOCK JK-2 6 24TH ST?EET RICHIT-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 'ACTS WHICH MAY BE DISCLOSED BY A FULL AND
ACCURATE TITLE SEARCH, RECORD DOCUMENTS OTHER THAN THOSE SHOWN MAY
AFFECT THIS TRACT
MONUMENTS INDICATED AS SOUND BY `HIS SURVEY ARE NOT 'PHYSICAL
MONUMENTS OF RECORD DIGNITY' UNLESS SO NOTED
FOUND MONUMENTS ARE ACCEPTED BY THIS SURVEYOR AS CONTROLLING EVIDENCE
DUE TO SJBSTANTIAL 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 HER
OF THIS SURVEY TO THE BEST OF MY KI
SURVEYED
FEBRUARY 24. 2020
SAMUEL WYATT
R.P.L.S. 6453
PAGE 3 OF 3 (SEE PAGES 1 8 2 FOR A FULL METES AND BOUNDS DESCRIPTION)
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