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Home My WebLink AboutR22-583249 1 1 RESOLUTION NO. R22-583 RESOLUTION ACCEPTING UNDERGROUND WATER LINE EASEMENT FOR THE PLAINVIEW INDEPENDENT SCHOOL DISTRICT CENTRAL ELEMENTARY WHEREAS, the City Council for the City of Plainview, Texas, as a home -rule municipality and pursuant to the constitution and taws 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 Plainview Independent School District, to acquire from a number of property owners adjacent to or in close proximity to the Project certain underground water line 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 utilities: Property Address Owner 707 Canyon Street Plainview Independent School District Plainview TX, 79072 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 R22-583 Page 1 of 2 250 Passed by the City Council this 13th day of December, 2022. A EST: Belinda Hinojosa, City cretary APPROVED AS TO QONTENT: Jeffrey , I y Manager APPROVED AS TO FORM: Matihew L. Wade, City Attorney Charles Sta , mayor 1 1 1 RESOLUTION R22-583 Page 2 of 2 251 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. WATER LINE EASEMENT Grantor: Plainview Independent School District Grantor's Mailing Address: 2417 Yonkers Street Plainview, Hale County, Texas 79072 Grantee: City of Plainview Grantee's Mailing Address: 202 W. 5th Street Plainview, Hale County, Texas 79072 Consideration: Ten Dollars and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged Property: A 15-Foot Wide Water Line Easement in Blocks 88 & 89, College Hill Addition to the City of Plainview, Hale County, Texas, more particularly described on Exhibit A, attached hereto and made a part hereof for all purposes ("Property") Grantor for the consideration grants, sells and conveys to Grantee, its successors and assigns a water line easement for the purpose of installing, constructing, maintaining, operating, extending/repairing, removing, replacing and upgrading a water line and appurtenances (hereinafter called "Water Line"), at Grantee's sole cost, upon, over, under and across the Property, together with the right of ingress and egress over, along and across the Property for said purposes. This Property is subject to all existing easements, rights -of -way, encumbrances and restrictions of record. The surface disturbed by Grantee will be restored to as near the original condition as is practical within thirty days. Upon completion, the Water Line shall be the property of Grantee. Grantee shall have the right to inspect, rebuild, repair, improve, and make such changes, alterations, additions to or extensions of its Water Line within the boundaries of the Property as Grantee deems necessary. All construction, maintenance, equipment and facilities shall comply with all applicable laws, ordinances, codes and regulations. Grantor, its successors and assigns, may use said Property for any purpose not inconsistent with the rights hereby granted, provided such use does not interfere with the safe and efficient construction, operation or maintenance of the Water Line and further provided that such use is not inconsistent with any laws, ordinances or codes pertaining to the construction, operation or maintenance of the Water Line and to which the Grantor is subject. Grantor will not erect or 252 maintain any buildings or other structures or obstructions on or over the Property except by written permission from Grantee. To Have and to Hold the above -described Property, together with all and singular the rights and appurtenances thereto in anywise belonging unto Grantee and Grantee's successors and assigns forever. Grantor does hereby bind itself and its successors and assigns to Warrant and Forever Defend all and singular the Property unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof. EXECUTED this V day of JUA& , 2022. Plainview Independent Sch District By: d , Board President STATE OF TEXAS COUNTY OF HALE This i s�trument was acknowledged before me on the -a day of , 2022, by dM ", , President of the Board of Plainview Independent School District, a governmental entity, on behalf of said district. emy ROSIE LICERIONOTARY PUBLICSTATE OF TEXASIDS 126821aa-5 Nota Public Stateof Texas Carve. Enka 08� 16.2023 Notary ' After Recording, Return To: Plainview ISD 2417 Yonkers St. Plainview, Texas 79072 2 11 253 1 ACCEPTED BY GRANTEE: CITY OF PLAINVIEW, TEXAS STATE OF TEXAS COUNTY OF PLAINVIEW This instrument was acknowledged before me on the / % o day of p&e h7jjo, 2022, by Charles Starnes, Mayor of the City of Plainview, Texas on behalf of the City of Plainview. pY P BELINDAVALLEJO HINOJOSA 2 NOTARY PUBLIC * STATE OF TEXAS * ID 0 644426-1 f�''F oc+' My Comm. Expires 04-26-2025 1;�d' l 4, Notary Public, State of Texas (i 254 Parkhill A 15-FOOT WIDE WATER LINE EASEMENT IN BLOCKS 88 & 89, COLLEGE HILL ADDITION TO THE CITY OF PLAINVIEW, HALE COUNTY, TEXAS A 15-foot wide water line easement in Blocks 88 and 89, College Hill Addition to the City of Plainview, Hale County, Texas, said water line easement contains 23,999 square feet (0.551 acres) 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" found in the west line of said Block 88, in the east right-of-way line of Ennis Street, at the northwest corner of Lot 1, Plains Land Bank Subdivision, according to the map, plat and/or dedication deed thereof recorded in Volume 1, Page 161 of the Plat Records of Hale County, Texas, for the most westerly southwest corner of this easement, said beginning point having coordinates of NORTHING: 7,493,703.37 and EASTING: 988,162.05, Texas Coordinate System, North Central Zone 4202, North American Datum of 1983; (1) THENCE North 00 degrees 40 minutes 42 seconds East, along the east right-of-way line of said Ennis Street, at a distance of 317.50 feet pass a 1/2-inch iron rod with a plastic cap marked "PSC RPLS 6453" found at the west common corner of said Blocks 88 and 89, continuing along the west line of said Block 89 for a total distance of 412.17 feet to a 1/2-inch iron rod with a plastic cap marked "PSC RPLS 6453" set for the northwest corner of this easement, whence a 1/2-inch iron rod with a plastic cap marked "PSC RPLS 6453" found at the northwest corner of said Block 89 bears North 00 degrees 40 minutes 42 seconds East a distance of 594.76 feet; (2) THENCE South 89 degrees 19 minutes 18 seconds East a distance of 27.91 feet to a 1/2-inch iron rod with a plastic cap marked "PSC RPLS 6453" set at a point of intersection for a comer of this easement; (3) THENCE North 60 degrees 40 minutes 42 seconds East a distance of 359.94 feet to a 1/2-inch iron rod with a plastic cap marked "PSC RPLS 6453" set at a point of intersection for a corner of this easement; (4) THENCE South 89 degrees 19 minutes 18 seconds East a distance of 372.87 feet to a 1/2-inch iron rod with a plastic cap marked "PSC RPLS 6453" set in the east line of said Block 89 and the west right-of-way line of Canyon Street, for the northeast corner of this easement, whence a 1/2-inch iron rod with a plastic cap marked "PSC RPLS 6453" found at the northeast corner of said Block 89 bears North 00 degrees 40 minutes 42 seconds East a distance of 414.79 feet; (5) THENCE South 00 degrees 40 minutes 42 seconds West, along the west right-of-way line of said Canyon Street, a distance of 15.00 feet to a 1/2-inch iron rod with a plastic cap marked "PSC RPLS 6453" set for the most easterly southeast comer of this easement, whence a 1/2-inch iron rod with a plastic cap marked "PSC RPLS 6453" found in the east line of said Block 88, at the northeast corner of a tract of land conveyed to Plainview ISD, described in a deed recorded in Instrument 2019-000933 of the Official Public Records of Hale County, Texas bears South 00 degrees 40 minutes 42 seconds West a distance of 577.14 feet and a 1/2-inch iron rod with a plastic cap marked "PSC RPLS 6453" found at the southeast corner of said Block 88 bears South 00 degrees 40 minutes 42 seconds West a distance of 752.14 feet; (6) THENCE North 89 degrees 19 minutes 18 seconds West a distance of 368.85 feet to a 1/2-inch iron rod with a plastic cap marked "PSC RPLS 6453" set at a point of intersection for a corner of this easement; (7) THENCE South 60 degrees 40 minutes 42 seconds West a distance of 359.94 feet to a WAG" nail with a washer stamped "PSC RPLS 6453" set at a point of intersection for a corner of this easement; (8) THENCE North 89 degrees 19 minutes 18 seconds West a distance of 16.93 feet to an "X" cut on concrete set at a point of intersection for a corner of this easement; Page 1 of 3 Texas Registered Surveying Firm # 10194091 Parkhillxom 255 Parkhill (9) THENCE South 00 degrees 40 minutes 42 seconds West, at a distance of 79.67 feet pass an "X" cut in concrete set in the common line of said Blocks 88 and 89, continuing for a total distance of 382.17 feet to a 1/2-inch iron rod with a plastic cap marked "PSC RPLS 6453" set at a point of intersection for a corner of this easement; (10) THENCE South 89 degrees 19 minutes 18 seconds East a distance of 267.00 feet to a 1/2-inch iron rod with a plastic cap marked "PSC RPLS 6453" set at a point of intersection for a corner of this easement; (11) THENCE South 00 degrees 40 minutes 42 seconds West a distance of 190.00 feet to a 1/2-inch iron rod with a plastic cap marked "PSC RPLS 6453" set in the south line of said Block 88 and the north right-of-way line of 71" Street for the most southerly southeast corner of this easement, whence a 1/2-inch iron rod with a plastic cap marked "PSC RPLS 6453" found at the southwest corner of said tract of land conveyed to Plainview ISD bears South 89 degrees 19 minutes 18 seconds East a distance of 48.00 feet; (12) THENCE North 89 degrees 19 minutes 18 seconds West, along the north right-of-way line of said V11 Street, a distance of 15.00 feet to a 1/2-inch iron rod found at the southeast corner of said Lot 1, Plains Land Bank Subdivision, for the most southerly southwest comer of this easement; (13) THENCE North 00 degrees 40 minutes 42 seconds East a distance of 175.00 feet to a 1/2-inch iron rod with a plastic cap marked "PSC RPLS 6453" found at the northeast corner of said Lot 1, Plains Land Bank Subdivision, at a point of intersection for an ell corner of this easement; (14) THENCE North 89 degrees 19 minutes 18 seconds West, along the north line of said Lot 1, Plains Land Bank Subdivision, a distance of 267.00 feet to the POINT OF BEGINNING. Bearings and coordinates, called in this description are based on the Texas Coordinate System, North Central Zone 4202, North American Datum of 1983. Distances are called at surface. Areas called in this description 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 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: January 12, 2022 ,.;- ��srERFo%Y ...:.....................:.... ....SAMUEL .L. WYA.TT .... ..................... 0 6453 j �EsgM�.•�Q SUR Samuel Wyatt, R.P.L.S. 6453 Page 2 of 3 Texas Registered Surveying Firm # 10194091 Parkhillxom RECORD OWNER: PLAINVIEW ISO PORTION OF BLOCK 89, COLLEGE HILL S.89' 19' 18 E. 372.87' �g9 9 N.89' 19'18"W. 368,85' �59 9a S. 89" 19' 18 E. .4047 2 .91' S60 N. 89' 19' 18 "W. 16.93' N � Lv v o O RECORD OWNER: PLAINVIEW ISO 7 PORTION OF LOTS A, B, C d 0. 88, COLLEGE HILL BLOCK Z O O 2 cn L-Lj S. 89' 19' 18 E. 267.00' N. 89' 19' 18 "W. 267.00' X POINT OF BEGINNING eW LCN OT I , S LAND O P�K O:t NORTHING: 7,493,703.37 EAS77NG. 988, 162.05 I SUB. a n VOL, 1, PG. 161 O n .. O.� PLAT RECORD O O 2 ul L —_ o N.89' 19' 18 "W. 15.00' N CJ7 A 15-FOOT WIDE WATER EASEMENT IN BLOCKS 88 & 89, COLLEGE HILL ADDITION TO THE CITY OF PLAINVIEW, er O 00 HALE COUNTY, TEXAS �u� C � vi 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. v AREAS REPORTED HEREON ARE BASED ON CALCULATIONS MADE AT SURFACE DISTANCES. n_ THIS SURVEY lS SUBJECT TO ANY FACTS WHICH MAY BE I� DISCLOSED BY A FULL AND ACCURATE TITLE SEARCH. RECORD s3 ill DOCUMENTS OTHER THAN THOSE SHOWN MAY AFFECT THIS p TRACT. v MONUMENTS INDICATED AS FOUND BY THIS SURVEY ARE NOT 'PHYSICAL MONUMENTS OF RECORD DIGNITY' UNLESS SO (%) I NOTED. FOUND MONUMENTS ARE ACCEPTED BY THIS SURVEYOR AS CONTROLLING EVIDENCE DUE TO SUBSTANT14L AGREEMENT WITH O ` I RECORD DOCUMENTS. i+ THIS PLAT IS INVALID UNLESS IT BEARS THE SURVEYOR'S ORIGINAL SEAL AND SIGNATURE. V THIS PLAT WAS PREPARED FROM AN ACTUAL SURVEY OF THE PROPERTY AND THE INFORMATION HEREON REPRESENTS THE FINDINGS OF THIS SURVEY TO THE BEST OF MY KNOWLEDGE AND BELIEF. SURVEYED: OF T JANUARY 12, 2022 p� 1STF FJ RAN INSTRUMENT 2INVIEW 09J3 S DEEDTO PLAINVIEW ISD ^ � ••••••••••••• •••••• "..............................SAMUEL WYAT.. -o 6453 �I 48.00' - 382.50' O J 9 '`FESS1�,"'y0� SAMUEL WYATT �� •S U R`1 R. P.L.S. 6453 LEGEND: SHEET 3 OF 3 SEE SHEET 1 AND 2 F METES AND W. 7TH STREET BOUNDS DESCRIPTION SCALE: 1 " = 150' (75' R—O—W) 0 = SET 1 /2" IRON ROD WITH CAP "PSC RPLS 6453". A�kip, X = SET "MAG" NAIL. NORTH 0 = SET "X" CUT ON CONCRETE. 0 150 300 O = FOUND 1/2" IRON ROD WITH CAP "PSC RPLS 6453 O = FOUND 1/2" IRON ROD. Parkhill TBPELS FIRM REGISTRATION NO. 10194091