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Home My WebLink AboutR22-584257 RESOLUTION NO. R22-584 RESOLUTION ACCEPTING UNDERGROUND UTILITY EASEMENTS FOR THE PLAINVIEW INDEPENDENT SCHOOL DISTRICT NORTH ELEMENTARY 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 Plainview Independent School District, 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 1200 W 32nd 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 R22-584 Page 1 of 2 258 Passed by the City Council this 13th day of December, 2022. ATT ST: Belinda Hinojos ity Secretary APPROVED AS TO FORM: IQlattliew L. Wade, City Attorney Charles St4mes,jMayor J 1 1 RESOLUTION R22-584 Page 2 of 2 ♦ A After Recording Return To: City of Plainview 202 W. 5" Street Plainview, TX 79072 2022-002926 ER Total Pages: 4 mill WAAAA5 IR4+ IIA WPM Ihill IMAM, 11111 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: UTILITY EASEMENT 12022 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: 202 W. 5t' 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 survey attached hereto as Exhibit A 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: All existing easements, rights -of - way, encumbrances and restrictions of record Page I of 4 260 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. 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, 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 Page 2 of 4 261 1 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: PLAINVIEW INDEPENDENT SCHOOL DISTRICT 4,SkS Board President STATE OF TEXAS COUNTY OF HALE § Thi in trument was acknowledged before mg on the _ 5 day of , 2022, by �S th�'�'resident of the Board of lainview Independent School District, a governmental entity, on behalf of said District. emy ROSIE UCERIONotary Public, State of Texas NOTARY PUBLIC STATE OF TEXAS IO # 12862186-5conrn.Exp►�og-16-2023 ACCEPTED BY GRANTEE: CITY OF PLAINVIEW, TEXAS Charles Page 3 of 4 262 STATE OF TEXAS § COUNTY OF PLAINVIEW § This instrument was acknowledged before me on the / day of Dk a /n b e r 2022, by Charles Starnes, Mayor of the City of Plainview, Texas on behalf of the City of Plainview. &- & - , Lj-- -Z Notary Public, State of Te as gE�{NDAVALLEJO HINOJOSA a NpTARYF LIG TEXAS * STATE 0 e 101E140 42 28-2025 , Of�,+ My Cdrrn. Expl J Page 4 of 4 CERTIFIED FILED ANC RECORDED OFFICIAL PUBLIC PECORDS Latrice Kemp County 1.1erk HaleCountTexas 09/26/2k2 10:47 AM Fee: $38.00 2022-002926 EA 1 1 1 263 Parkhill A 15-FOOT WIDE UTILITY EASEMENT IN SECTION 38, BLOCK JK-2, HALE COUNTY, TEXAS A 15-foot wide utility easement in Section 38, Block JK-2, Hale County, Texas, being situated within Thunderbird Elementary School Tract, bound on the west by the east right-of-way line of Lexington Street and bound on the east by the west right-of- way line of Kokomo Street, said easement being further described by metes and bounds as follows: BEGINNING at an 'X" cut on concrete set in the west right-of-way line of Kokomo Street, described in a dedication recorded in Volume 432, Page 57 of the Deed Records of Hale County, Texas, for the southeast comer of this easement, said beginning point having coordinates of NORTHING: 7,503,391.81 and EASTING: 995,550.36, Texas Coordinate System, North Central Zone 4202, North American Datum of 1983, whence the northwest corner of said Section 38 bears North 00 degrees 40 minutes 38 seconds East a distance of 2020.51 feet and North 89 degrees 19 minutes 22 seconds West a distance of 2018.90 feet, per calls in previous deeds, and an "X' cut on concrete set in the west right-of-way line of said Kokomo Street and the north right-of-way of 32nd Street bears South 00 degrees 39 minutes 38 seconds West a distance of 436.94 feet, (1) THENCE North 89 degrees 20 minutes 22 seconds West a distance of 497.03 feet to a 1/2-inch iron rod with a plastic cap marked "PARKHILL RPLS 6453" set in the east right-of-way of Lexington Street, described in a dedication recorded in Volume 432, Page 57 of the Deed Records of Hale County, Texas, for the southwest comer of this easement, whence a 1/2-inch iron rod with a plastic cap marked "PARKHILL RPLS 6453" set in the east right-of-way line of said Lexington Street and the north right-of-way line of 32nd Street bears South 00 degrees 39 minutes 38 seconds West a distance of 436.94 feet, (2) THENCE North 00 degrees 39 minutes 38 seconds East, along the east right-of-way line of said Lexington Street, a distance of 15.00 feet to a 1/2-inch iron rod with a plastic cap marked "PARKHILL RPLS 6453" set for the northwest corner of this easement; (3) THENCE South 89 degrees 20 minutes 22 seconds East a distance of 497.03 feet to a 1/2-inch iron rod with a plastic cap marked "PARKHILL RPLS 6453" set in the west right-of-way line of said Kokomo Street, for the northeast corner of this easement; (4) THENCE South 00 degrees 39 minutes 38 seconds West, along the west right-of-way line of said Kokomo Street, a distance of 15.00 feet to the POINT OF BEGINNING Bearings and coordinates called in this description are based on the Texas Coordinate System, North Central Zone 4202, North American Datum of 1983. Distances called in this description are surface distances. Areas reported hereon are based on calculations made from surface distances. Monuments set with this survey are based on found monuments along the south right-of-way line of 32nd Street, the west right-of-way line of Lexington Street and the east nght-of-way line of Kokomo Street, dedicated with the plats of Thunderbird Addition, Unit No. 7, recorded in Volume 440, Page 447 of the Deed Records of Hale County, Texas, Thunderbird Addition Unit No 6, recorded in Volume 461, Page 293 of the Deed Records of Hale County, Texas, and Plainview Vistas Addition, Unit No. 1, recorded in Volume 1, Page 109 of the Plat Records of Hale County, Texas. 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. A plat of this survey is included on page 2 of this document. Surveyed on the ground: August 02, 2022 Date of signature: December 08, 2022 OF T ,Pf F G NS'y+y - SAMUEL WYATT tti - 6453 9�O FFESS\0y0 S U R`I Samuel Wyatt, R.P.L.S. 6453 Page 1 of 2 Texas Registered Surveying Firm # 10194091 Parkhill.com ♦ � LEcowo- 7 8 33rd St. 60' R-O-W to I 2 I? 1 � h 13 $ o � la 15 N I hunderbird Addition, Unit No. 7 Vol 440, Pg. 447 39 0 STALE' I' - 100' 0 - SET 112' AM RW W N W 'PARKHILL RPLS 64M7. ® - SET x' CUT OR CaNCwr • - FOLA10 9AWY MOMAENT Not platted, deed not found Record Owner: Plainview ISD 100' 200' NORTH A 15-FOOT UTILITY LINE EASEMENT IN SECTION 38, BLOCK JK-2, HALE COUNTY, TEXAS S89'2022T 49703' g =' N.89'20'121Y 497.OJ' The northwest corner of Point of Ui Section 38, Block JK-2 Beginning bears N.00'4038 E 2020.51 ' & N.89'19 2211 N.,7,503,391.81 2018.90' from this point £- 995,550.J6 URVEYOR SURVEYOR'S REPORT SEAROCS AND COORDMTES SHOWN HEREON ARE BASED ON TN£ TEYAS COOROMME SYSTEM, NORTH CENTRAL ZONE 4202, NAOBJ DISTANCES REPORTED HEREON ARE AT SURFACE AREAS REPORTED HEREON ARE BASED ON 6ALCULAT05 MADE AT SURFACE DISTANCES THIS SURVEY 15 SUBJECT Tn ANY FACTS wmCH A94Y BE LXSCLOSED BY A FULL AND ACCURATE Not plotted, TITLE SEARCH RECORD DOCLAME7/75 OTHER NO deed not found THOSE SHOWN MAY AFFECT WMS TRACT Record Owner MONUMENTS AD07EV AS FOUND BY THIS SURVEY Plainview New Covenant ARE NOT -PHYSKSAL MONUMENTS OF RECORD Church DIGNITY' IAt M SO NOTED. FOUND MONUMENTS ARE ACCEPTED BY THLS SURVEYOR AS COMROLLING EYIDENC£ DUE TO SUB.STAN/NL ACIMEEMfNT WflH REGARD DOCUMENTS W PLAT IS INVALID UNLESS IT BEARS THE 5 ( S ORIGIKIL SEAL AND SIGNIIURE A MCTES AND BOUNDS DESCRIP77ON Of nAS LLI"`]14 6 WCYU7ED ON PAGE I OF THIS DOCUIWINT. 33rd St. Hey PLAT w1AS PREPARED FROM AN ACTUAL SURVEY a I 50' R-O-W OF THE PROPERlY AW W MFOM07ION NM ON REPRESENTS /NE FWD#.CS OF PC SURVEY 10 ME -� — BEST OF MY KAVOLEDGE AND BELEF Not plotted, deed not found SURVEYED; AUGUST 02, 2022 Record Owner Plainview /SD I QA h `$10 C SGNED MrEW ER OB 2021 E F i s Ia 9 10 ,`p��G1«s7 R�oV1 cof9 o MUEL WYATT 6453 -F.E.S.S \ y0 8 7 S46M WYATT R.P.LS "M PAC£ 2 OF 2 SfE PAGE / fDR A S8970Y2T 497.03' MM AND BOUNDS DESCWWN W. 32nd Street Parkhill 75' R—O—M, WL 4= ft 57 18 19 zo -� 21 7 22 �— 1J r 24 7 25 26 27 28 TBPELS FIRM REGISTRATION NO. 10194091 Thunderbird Addition, Wt No. 7-Vol. 440. Pg. 447 /5 N M -P