HomeMy WebLinkAboutR24-620RESOLUTION NO. R24-620
RESOLUTION ACCEPTING UTILITY EASEMENT FROM ABUNDANT
GRACE CHURCH IN MESA VERDE PLV UNIT 1 LOT 4 LOCATED AT
1011 N 1-27., PLAINVIEW, HALE COUNTY, TEXAS
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 Chapter 212 and Chapter 10 of the Plainview Code of Ordinances regulates the
subdivision of and platting of properties within the municipal limits of the City and its
extraterritorial jurisdiction; and
WHEREAS, the Abundant Grace Church ("Landowner") has submitted an
instrumental survey of a property, known as Mesa Verde PLV Unit 1, Lot 4 in order to
increase the width of an underground easement which is located at 1011 North 1-27. (the
"Property"), within the municipal limits of the City of Plainview; and
WHEREAS, as part of the platting approval process and in order to fulfill the
purposes outlined in Texas Local Government Code Chapter 212 and Chapter 10 of the
Plainview Code of Ordinances of ensuring the purposes outlined in § 10.01.003 of the
Plainview Code of Ordinances, including, but not limited to, the harmonious development
of the City, the provision of necessary municipal infrastructure and to provide for adequate
provision of water, drainage, sewage and other utilities, the City required the following
public dedications:
■ a fourteen (14) foot utility easement running East and West near the South portion
of the Property for general utility purposes
collectively referred to as the "Public Dedications" and more particularly described in the
plat attached hereto as Exhibit A and incorporated herein; and
WHEREAS, in accordance with Texas Local Government Code § 212.011,
accepting and approving a plat does not constitute an acceptance of any proposed
dedication; and
WHEREAS, the City Council of the City of Plainview believes it would be in the
best interest of the City and of the public health, safety and welfare of its citizens to accept
the Public Dedications outlined on the Property.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PLAINVIEW, TEXAS, THAT:
Resolution R24-620 Page 1 of 2
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1. The findings recitals outlined above are found to be true and correct and
are hereby adopted and approved.
2. The City Council accepts the Public Dedications by Abundant Grace
Church., outlined on the Property as depicted in Exhibit A attached to this resolution
granting 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.
3. By accepting the attached Public Dedications, the City Council recognizes
that the Public Dedications and the rights granted therein shall be used for public
purposes and the purposes expressly granted in such Public Dedications.
4. The Mayor is hereby authorized and directed to enter into and execute any
such documents as necessary to affect and certify the acceptance of this Public
Dedications.
Passed by the City Council this 9th day of January, 2024.
Charles Starnes, (Mayor
ATTEST:
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Belinda Hinoj , City Secretary
APPROVED AS TO CONTENT:
Jeffrey,$n der ' Manager
APPROVED S TO FORM:
a Wade, City Attorney
Resolution R24-620 Page 2 of 2
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STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS,
that 1, Richard E. Johnson, Registered
COUNTY OF COLLINGSWORTH Professional Land Surveyor, do hereby
certify that I did cause to be surveyed
on the ground the tract of land shown on this plat, and to the best
of my knowledge and belief, the said description is true and correct.
IN VATNESS THEREOF, my hand and seal, this the 18th day of October,
A.D., 2023.
Richard E. Johnson
Registered Professional
Land Surveyor #4263
NOTE:
P.O.B. = POINT OF BEGINNING.
®= 112' iron rod "OJD ENG" cop set
0= 112" iron rod found
Bearings based on U.S. State Plane of 1983
Texas North Central
Distances shown are ground distances.
Scale Factor: 1.00023439
A Plat of a 0.37 Acre Public Utility Easement situated In Mesa Verde
Addition, Unit No.l, Lot 4 recorded in Vol. 730 Pg. 609, Block J(-2,
Section 27, C.C. & S.F. Ry. Co. Surrey Abstract 25. Hale County, Texas.
SCALE. / - 40ORMW BY PROJECT 123-LE0083
GATE: 10/1.12.21 FU NAME:
OJD Engineering, LLC �o`So.'54
Consulting Engineers & Surveyors Wellington. Texas 79095
Firm No. 10090900 —WING NUMBER
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