HomeMy WebLinkAboutR87-202 RESOLUTION NO. R87-202
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PLAINVIEW, TEXAS APPROVING AN AGREEMENT
PERMITTING CONSTRUCTION OF CERTAIN IMPROVEMENTS
UPON A PORTION OF A TRAVEL AND UTILITY EASEMENT
ACROSS LOT 14, WESTRIDGE ADDITION, UNIT NO. 7,
PLAINVIEW, HALE COUNTY, TEXAS; ELIMINATING THE
INSTALLATION OF CERTAIN UTILITIES IN A PORTION
OF SAID EASEMENT; AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF
pLAINVIEW.
WHEREAS, on June 23, 1986, Kenneth F. McCormick, et al. granted
a travel and utility easement to the City of Plainview, Hale County,
Texas by Easement Dedication recorded in Volume 737, Page 625 of the
Hale County Deed Records; and
WHEREAS, on June 30, 1986, said Kenneth F. McCormick, et al.
rededicated said travel and utility easement across Lot 14, Westridge
Addition, Unit No. 7, Plainview, Hale County, Texas, by Dedication
Deed and Final Plat recorded in Volume 738, Page 313 through Page 317
of the Hale County Deed Records; and
WHEREAS, said KeNneth- ~ MCCo_.r~_~ et al. have requested
permission to construct a ~uel pump.%s~ ~ upon the east three (3)
~eet of the Northeast-Southwest portion oz said travel and utility
easement; and
WHEREAS, said Kenneth F. McCormick, et al. have requested
permission to also construct a canopy over and 16'-6" above the
finished grade of the east eight (8) feet of the said
Northeast-Southwest portion of said travel and utility easement; and
WHEREAS, letters have been furnished by: R.W. Kirk, District
Manager, Energas Company, dated December 30, 1986; Joe D. McKinnis,
Manager, Plainview Cable Television, dated December 30, 1986; J.L.
West, Manager Community Relations, Southwestern Bell Telephone, dated
January 6, 1987; and Donald G. Wellendorf, District Engineer,
Southwestern Public Service Company, dated December 30, 1986; each of
which releases the respective company's right of use of the North 480
feet of the twenty (20) feet wide travel and utility easement
adjacent to and along the West edge of said Lot 14; and
WHEREAS, the city of Plainview will be able to utilize said
travel and utility easement with said fuel pump island and canopy
constructed as requested.
NOW THEREFORE BE IT RESOLVED by the Mayor and the City Council
of the City of Plainview:
(1) That permission be granted to Kenneth F. McCormick, et al.
to construct a fuel pump island upon the east three (3) feet of the
North 480 feet portion of the travel and utility easement adjacent to
and along the west line of Lot 14, Westridge Addition, Unit No. 7,
Plainview, Hale County,Texas.
014
(2) That permission be granted to Kenneth F. McCormick, et al.
to construct a canopy over and above the east eight (8) feet of said
North 480 feet portion of said travel and utility easement providing
that said canopy is cantilevered and maintained over said eight with
a clearance of 16'-0" or more from the travel surface to any portion
of the underside of said canopy structure.
(3) That said travel and utility easement be revised to
eliminate the rights of Energas Company, Plainview Cable Television,
Southwestern Bell Telephone and Southwestern Public Service Company
to use the North 480 feet portion of said easement.
(4) That the city of Plainview retain its rights to use said
travel and utility easement as originally set forth.
(5) That Kenneth F. McCormick, et al. and/or any subsequent
grantees of said property shall indemnify and save harmless the city
actions, or claims of any
and its agents and employee~ fo? all.~uits,
character, type or description Drought or made for or on account of
person or
, ~ ........ ceived or sustained by any
an ln'uries or
Y ] - .... ~.- ~n~ out of, or occasioned by! the acts or
persons or pro~ux~ ..... V~ .... ~__ ~$ ~ecitv or its agents or
u~==~..-,. = v ..... ~ =~ ~ra el and utility easement as
employees zrom l~S us~ ua ....... v
originally set forth.
(6) That the Mayor be and is hereby authorized to execute an
agreement containing the conditions set forth in Items 1 through 5
above.
PASSED AND APPROVED this the 27th day of ~, 198~.
.~V/. RIDLE~UBER, May6r
ATTEST:
SHERYL/OWEN, Ci y Secretary