HomeMy WebLinkAboutR87-2400',54
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
OF PLAINVIEW, TEXAS AUTHORIZING THE MAYOR TO EXECUTE
"RIGHT-OF-IFAy EASEI~EI~T" DOCUMENTS AS SUCH PERTAINS TO
THE ~OUTHWEST THIRD PAVING PROJECT.
WHEREAS, the Plainview/Hale County Community has been successful
with the assistance of the State Department of Highways and Public
Transportation, in securing funding for the Southwest Third Paving
Project; and
WHEREAS, the State of Texas has requested that the
Plainview execute "right-of-way easement" documents as such
to the Southwest Third project; and
City of
pertain
WHEREAS, a copy of said documents are attached and hereby made a
permanent part of this Resolution.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of
Plainview, Texas, that Mayor is hereby authorized to execute the
"right-of-way easement,, documents as required by the State of Texas
as such pertains to the Southwest Third Paving Project.
I Sheryl Owen, City Secretary for the City of Plainview, hereby
certify that the above Resolution was adopted by the Plainview City
Council on April 23, 1987.
RYL/OWEN, City Secretary
State Department of Highwa~
and Public Transportation
Form D-15q5
Page 2 of 4 Rev. 3~86
THENCE North 89o15,48,, East a distance of 26 71 feet to a point for a corner of this
parcel; , .
THENCE North 44o13,05,, East, a distance of-~ feet to a point for the Northeast
corner of this parcel, said point lying on the West Right-of-Way of Loop 445;
THENCE South 0o49,38" East, along the West Right-of-Way line of Loop 445, 200.00
feet to a point for the Southeast corner of this parcel;
THENCE North 45046,55" ~est, a distance of 70.77 feet to a point for a corner of this
parcel;
"cornerTHENCE of PQ'~ththis89°15'49"parcel; Vest, a distance of 26.87 feet to the P.T. of a curve and a
THENCE Northwesterly along an a
~f~?t; .said curve having a~radi.~c~f~u{ve to the right_ an .....
u~or(t bearing North 76o3~,4z., ~:uz ~w{.915 feet, a centJ-~ =~ ~l~[ance of 587.53
corner of this ~arcel; ~ ~''°t' a d~stance of 5~1.64 ~ta~z~°~2~°8'54''0 ~ne ~.C. and aand a
THENCE N0rthi62C35'16- West, 36.07 feet to a point, said point being the P.T. of the
next curve and a corner of this parcel;
THENCE Northwesterly along an arc of a curve to the left, an arc distance 0f 544.11
feet to the P.C., said curve having a radius of 1095.915 feet a central angle of
28°26'48" and a chord bearing North 76o48,41,, ,
a corner of this parcel; ,
West a distance of 538.54 feet for
THENCE South 88o57,55,, West, 1108.79 feet to the P.T. of the next curve and a corner
of this parce!;· . ~ . . .
presently~d for thee~st~ngS~e consideratiOnupon the a~ve-descr~ddeSc~bed above ~d upon the s~e conditions, the Grantors have ~s day granted
and conveyed ~d by ~ese presents do grant ~d convey unto the State of Tex~ any ~d ~1 ~provements
prope~y; SA~ f~D ?X~EPT, HO~R, it is
understood and a~eed that Or~tors ~e retching t~tle ~o the o~o~ Improvements locate~ expressly
described prope~y, [o
~ on the above-
Omnt~- covenant and a~ to remove thg abov
. ~ -- e-descdbed ·
· e State ~ · · . , ~9_ su ' ~mprovemen
...... n writing; ~d ~f for ..... _ ~, bier, however, to su _. t~ from smd l~d
~ea, then, ~thout ~y ~[%~, ~r~tprs fail or refuse to ;~t]~s ~f. ~e as may be ~ted
~--~ pass to and vest in ~he S*-.- _~,~meranon, the title to ~I or ........ ~a~ W~mm s~d period of ti~
....... a not 8o removed
It is hereby understood ~d by the acceptance of tMs imt~ment it is recogMzed that Gr~tors ret~ fide to ~ of
the oil, gas ~d sulph~ ~d other ~er~ interests in ~d und~ s~d land, but W~ve ~y ~d ~ fights of in. ess
and e~ess to ~he surface thereof for the
however, that operations for exploration pu~ose of exploring, developing, ~Mng or dfi~ng for s~e; provided.
or recovery of ~y such miner, s sh~ be pe~ssible so long ~ ~ surface
opera~ons in co~ecfion ~ere~th ~e located at a point outside of the above-desc~bed prope~y, and upon
intended use thereof or in any way interfere ~th, jeopardize, or end~ er t
con~tion that none of such operations sh~l be conducted so ne~ ~e s~face of s~d l~d as to
'Highways ~d Public Tr~spo~ation
· . ... interfere with the
notMng hereto shall affect ' or create, a h~d to the u ' g ~_ fac~y~? of ~e State De
the n~ts of the State to t.v- --a ---P ~Y users thereof; n ~eM~ ;-.=-~ - P~ment of
e~h, gravel, c~che, iron ore ~avel or ~y other road building materi~s upon, in ~d und~ smd l~d for the con-
~ =,,u use wnnout additional c mn ~ -.~=u, hOWever, that
o---~ensat~on ~y water, stone,
st~cfion ~d m~ntenance of the State Hi. way System of Text.
State Department o! Highways
and public Transportation
Form D-15-15
Pate I of 4 Rev. 346
Right of Way Easement
HALE COUNTY
S.W. 3RD STREET
PARCEL 1
COUNTY OF HALE AND
CITY OF PLAINVIEW
(BY SECTION LINE)
THE STATE OF TEXAS
COUNTY OF HALE ___--
That, COUNTY. OF HALE AND CITY OF PLAINVlEW.
KNOW ALL MEN BY THESE PRESENTS:
__, State of Texas, hereinafter referred
of the County of ' HALE -- .)
to as Grantors, whether one or more, for and in consideration of the sum of Dollars ($
to Grantors in hand paid by the State of Texas, acting by and through the State Highway and Public Transportation
Commission, receipt of which is hereby acknowledged, and for which no lien is retained, either expressed or
implied, do by these presents Grant, Bargain, Sell and Convey unto the State of Texas an easement for highway
laying, out, opening,, constructing,, operating, maintaining, n andalong,reconstructingupon and acrossa highwaYthe following-facility
~aC~es ot~eetx% j~ore particularly described as follows, tOof
wit:
BEING a parcel of land out of Section. 41, Block JK-2,· Hale County, Texas.
BEGINNING at a point for the Northwest and beginning corner of this parcel, whence the
Southwest corner of Section 40, Block JK-2 bears South 88o59'39'' West, 126.41 feet and the
Northwest corner of Section 40, Block JK-2 bears South 88o59'39'' West, 126.41 feet and
North l°02'55" West, 5292.74 feet;·
u.: 39" the North line of Section 41, Block JK-2, 2522.51
THENCE North 88059 ' East, -~.along
feet to a point for the Northeast corner of the West 1/2 of Section 41, Block JK-2,
and for a corner of this parcel;
' · ~o56,59" East, along' the-East line of the West 1/2 of Section 41,
THENCE South o
Block JK-2, 54.79 feet to a point for a corner of this parcel;
THENCE North 88°39'11'' East along the North occupational Section line of Section 41,
Block JK-2, 1478.75 feet to a point for a corner of this parcel;
THENCE Southeasterly along an arc of a curve to the right, an arc distance of 356.93
feet to a point for a corner of this parcel, said curve having a radius of 1195.915
feet, a central angle of 17°6'01"' and a chord that bears South 7l°8'18'' East, a
distance of 355.60 feet to the P.T. and a corner of this parcel;
the P.C. of a curve and a corner of this
THENCE South 62...:35 17 East 36.07 feet to
parcel;
THENCE Southeasterly along an arc of a curve to the left, an arc distance of 538.40
feet to the P.T. of said curve, having a radius of 1095.915 feet, and a central
angle of 2808'54'' and a chord bearing South 76o39'44'' East, a distance of 533.01
feet to a corner of this parcel;
Sta~e Departmem of H~hways
and Pubic Transportation
Form DdS-1s
Page 4 of 4 Rev. 3~86
THE STATE OF TEXAS,~ com, o~T~ ACKN6WL~DaM~NT
~ COUNTY OF BEFORE ME,
on this day persona/ly appeared,
, of'_
" i '
thekn°wnact oft°themesaidt° be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was'
suchrized cot°rporationperf°rm thefor samethe purposesbY appropr/ateand considerationreS°luti°n of the board of directors of such corPOration , a corporation, that he/she was duly autho-
therein expressed, and in the capacity there/n sandmttheda~ he/she executed the same as the act of
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This--~ day of
, A.D. 19.___.__.
THE STATE OF TEXAS,)
COUNTY OF
My Commission expires on the
__ day of
CERTIFICATE OF RECORDING
19.__._..__
State Department of Highways
and Public Transportation
Form D-15-15
page 3 o! 4 Rev. 3-86
TO HAVE AND TO HOLD said easement togther with all and singulaff the rights, privileges, and appurtenances
thereto in any manner belonging unto the said State of Texas forever. .day of
IN WITNESS WItEREOF, this instrument is executed on this the
, 19 ·
THE STATE OF TEXAS,
COUNTY OF
ACKNOWLEDGMENT
personally appeared ~
known to me (or proved to me on the oath of.
foregoing instrument and acknowledged to me that he/she/they executed the same for the purposes and consideration ther(m expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE,' This day of _ , A.D. 19---
, on this day
BEFORE ME, ~ ,
__, a crecbole witness,) to be the person(s) whose nme(s) is (are) subscribed to the
My Commission expires on the day of_
THE STATE OF TEXAS,
COUNTY OF
ACK~OWt~Xm~r
_ , on this day
BEFORE ME, - ,
personally appeared-- _, a credible wimess,) to be the person(s) whose name(s) is (are) subscribed to the
known to me (or proved to me on the oath of_
foregoing instrument and acknowledged to me that he/she/they executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This_ day of , A.D. 19 ·
Notary Public, State of Texas
19 -
My ~ion expires on the day of '
HALE COUNTY
S.W. 3RD STREET
PARCEL 1
COUNTY OF HALE AND
CITY OF PLAINVIEW
(BY SECTION LINE)
THENCE Northwesterly along an arc of a curve
feet to the P.C., said Curve having a radius to the right, an arc distance of 212.77
of 2914.789 feet, a cennral angle of
4°10'57'' and a chord bearing North 88056'37'' West a distance of 212.72 feet for a
corner of this parcel; '
THENCE North 86051'08', West, 804.17 feen to the P.T. of the next curve for a corner
of this parcel;
THENCE Northwesterly along a curve to the left, an arc distance of 204.05 feet to
the P.C., said curve bearing a'radius of 2814.789 feen, a central angle of 4°09'12''
and a chord bearing North 88o55'44'' West a distance of 204.00 feet for a corner of
this parcel; '
THENCE South 88o59'39'' West, 1438.48 feet to a poiht on the West line of Section 41,
Block JK-2, said point being the Southwest corner of this parcel;
THENCE North l°10'53'' West 50.00 feen to the Northwest section corner of Section 41,
Block JK-2 and to the point of beginning.
CONTAINING 8.58 acres total, with 2.79 acres in existing County Road Right-of-Way
and 5.79 acres additional.
)~ (We) the_ C_ity_of Plainvie__w_~_, ap__~_[t__, owner,s) of certain lands
being all or part of Section(g) 41, Block JK-2, Hale County Texas
~X~XX)~'XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX'XXXXXXXXXXXg~.X~XXX~X;~:
which 8.58 , out of
acres are needed as ri~ ~
~h~ of ~,ay for the proposed
construction of Farm to P~rket Road 3466
the Commissioner's Court of Hale
be paid fafr market value for said
8.58
having oeen duly advised by
County, Texas, of ~ (our) right to
acres as determined by a
qualified appraiser wish ~t~!~]~ to donate the needed right of way, as ~
(we) feel X~X~XX~X~X~ the enhancement and/or other considerations to ~ (our)
remaining land is ~X~X~Y~ more than just consideration therefor.
Signed:
E. V. Ridlehuber Mayor
April 23, 1987