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Home My WebLink AboutR24-635467 RESOLUTION NO. R24-635 A RESOLUTION ACCEPTING 2 (TWO) UTILITY EASEMENTS FROM WB PLAINVIEW, LLC BEING A PORTION OF TRACT "C-1" OF WILCOX ADDITION, TRACTS "13-1" and "C-1", A SUBDIVISION IN 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 WB Plainview, LLC ("Landowner") has submitted an instrumental survey of a property, known as Tract "C-1" of Wilcox Addition, Tracts "13-1" and "C-1" in order to dedicate two easements for water meters and a fire hydrant, which is located at the 3600 blk of Olton Rd. (Highway 70). (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 12' x 7' (84 sqft) utility easements to be located on Tract "C-1 ", Wilcox Addition, for the installation of two (2) city water meters. A 10' x 7' (70 sqft) utility easement to be located on Tract "C-1 ", Wilcox Addition, for the installation of a city fire hydrant. collectively referred to as the "Public Dedications" and more particularly described in the plat attached hereto as Exhibit A and B 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. Resolution R24-635 Page 1 of 2 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS, THAT: 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 WB Plainview, LLC outlined on the Property as depicted in Exhibit and B 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 AND APPROVED this 11th day of JAe, 2024. Charles tarn s, Mayor ATTEST: &J�& Belinda Hinojosa, City Secr a APPROVED AS TO CONTENT: Jeffri,Aq�ity Manager APPROVED AS TO FORM: ;y Courtney White, City Attorney Resolution R24-635 Page 2of2 EXHIBIT "A1l 469 WATER EASEMENT N.E. 1/4, Section 28, Block JK-2, G.C. & S.F. R.R. CO. Survey, Abstract No. 1472 City of Plainview, Hale County, Texas LEGAL DESCRIPTION Being a 0.002 acre tract of land out of the Northeast 1/4 of Section 28, Block JK-2, Gulf, Colorado & Santa Fe Railroad Company Survey, Abstract No. 1472, situated in the City of Plainview, Hale County, Texas, being a portion of Tract "C-1" of Wilcox Addition, Tracts "B-1" and "C-1", a subdivision of record in Document Number 2023-002615 of the Plat Records of Hale County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at an "X" cut in concrete found in the south line of Tract "D" of Wilcox Addition, Tracts "A" Through "D" a subdivision of record in Document Number 2022-000448 of said Plat Records being the northwest corner of Tract "A" of said Wilcox Addition, Tracts "A" Through "D", and the northeast corner of said Tract "B-1" of said Wilcox Addition, Tracts "B-1" and "C-1"; THENCE, N69°2510"W, along the south line of said Tract "D" and the common north lines of said Tract "B-1" and said Tract "C-1", a distance of 133.11 feet to the POINT OF BEGINNING and northeast corner hereof; THENCE, leaving the south line of said Tract "D", over and across said Tract "C-1", the following three (3) courses and distances: 1. S20°34'50"W, a distance of 12.00 feet to the southeast corner hereof; 2. N69°25'10"W, a distance of 7.00 feet to the southwest corner hereof; 3. N20°34'50"E, a distance of 12.00 feet to point in the south line of said Tract "D" and the common north line of said Tract "C-1", for the northwest corner hereof, from which a 1/2 inch iron rod with red plastic cap stamped "AMD ENGINEERING" found in the east line of Block 2, Wilcox Addition, Unit No. 4, a subdivision of record in Volume 496, Page 411, of the Deed Records of Hale County, Texas, being the southwest corner of said Tract "D" and the northwest corner of said Tract "C-1", bears N69°25'10"W, a distance of 99.10 feet; THENCE, S69°25'10"E, along the south line of said Tract "D" and the common north line of said Tract "C-1 ", a distance of 7.00 feet to the POINT OF BEGINNING, and containing an area of 0.002 acres (84 square feet) of land. Bearings are based on GPS observations utilizing the AIITerra RTK Network, North American Datum of 1983 (Adjustment Realization 2011). PAGE 1 OF 2 EAGLE SURVEYING, LLC 222 S. ELM STREET SUITE: 200 NTON, TX FAG L E DE(940) 222 300901 SURVEYING TX FIRM # 10194177 JOB NUMBER DRAWN BY DATE 2312.028-05 1 PM 1 05-31-2024 I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a Registered Professional Land Surveyor under the laws of the State of Texas Caleb McCanlies R. P. L. S. # 7036 OS T CALEB H .MCCAN.. 7036ES i� .................. R P O °F.ss;°�y URv 5-37-2024 Date 2 WATER EASEMENT N.E. 1/4, Section 28, Block JK-2, G.C. & S.F. R.R. CO. Survey, Abstract No. 1472 City of Plainview, Hale County, Texas 1/2" CIRF "AMD ENGINEERING" BLOCK 2 WILCOX ADDITION, UNIT NO.4 VOL. 496, PG. 411 D.R.H.C.T. / N 6g 2S'lp+ \9 10, WATER EASEMENT 0.002 ACRES (84 SQ. FT.) TRACT "D" WILCOX ADDITION, TRACTS "A" THROUGH "D" DOC. NO. 2022-000448 P.R.H.C.T. TRACT "C-1" WILCOX ADDITION, TRACTS "B-1" AND "C-1" DOC. NO. 2023-002615 P.R.H.C.T. BLOCK J►C-2, 114, SECTION 28, SURVEY, N G.C. & STRAC NO 1472 AB t4 NOTE: Bearings are based on GPS observations utilizing the AIITerra RTK Network, North American Datum of 1983 (Adjustment Realization 2011). PAGE 2OF2 EAGLE SURVEYING, LLC 222 S. ELM STREET SUITE: 200 EAGLE D (940) 2 2- 76201 09 (940) 222-3009 SURVEYING TX FIRM # 10194177 OB NUMBER I DRAWN BY I DATE 2312.028-05 1 PM 1 05-31-2024 w. LINE TABLE LINE I BEARING DISTANCE L1 S 20"34'50" W 12.00' L2 N 69'25'10" W 7.00' L3 N 20°34'50" E 12.00' L4 S 69'25'10" E 7.00' v N 69 ?S 1p, � W 133 11' TRACT "B-1" WILCOX ADDITION, TRACTS "B-1"AND "C-1" DOC. NO. 2023-002615 P.R.H.C.T. "X" CUT FOUND POC / TRACT "A" WILCOX ADDITION, TRACTS "A" THROUGH "D" DOC. NO. 2022-000448 P.R.H.C.T. LEGEND O BOUNDARY MONUMENT SQ. FT. SQUARE FEET CIRF CAPPED IRON ROD FOUND POB POINT OF BEGINNING POC POINT OF COMMENCEMENT VOL. VOLUME PG. PAGE DOC. NO. DOCUMENT NUMBER D.R.H.C.T. DEED RECORDS, HALE COUNTY, TEXAS P.R.H.C.T. PLAT RECORDS, HALE COUNTY, TEXAS EXHIBIT "B" 471 WATER EASEMENT N.E. 1/4, Section 28, Block JK-2, G.C. & S.F. R.R. CO. Survey, Abstract No. 1472 City of Plainview, Hale County, Texas LEGAL DESCRIPTION Being a 0.002 acre tract of land out of the Northeast 1/4 of Section 28, Block JK-2, Gulf, Colorado & Santa Fe Railroad Company Survey, Abstract No. 1472, situated in the City of Plainview, Hale County, Texas, being a portion of Tract "C-1" of Wilcox Addition, Tracts "B-1" and "C-1 ", a subdivision of record in Document Number 2023-002615 of the Plat Records of Hale County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at an "X" cut in concrete found in the south line of Tract "D" of Wilcox Addition, Tracts "A" Through "D" a subdivision of record in Document Number 2022-000448 of said Plat Records, being the northwest corner of Tract "A" of said Wilcox Addition, Tracts "A" Through "D", and the northeast corner of Tract "B-1" of said Wilcox Addition, Tracts "B-1" and "C-1"; THENCE, N69°25'10"W, along the south line of said Tract "D" and the common north lines of said Tract "B-1" and said Tract "C-1 ", a distance of 82.22 feet to the POINT OF BEGINNING and northeast corner hereof; THENCE, leaving the south line of said Tract "D", over and across said Tract "C-1 ", the following three (3) courses and distances: 1. S20°34'50"W, a distance of 10.00 feet to the southeast corner hereof; 2. N69°25'10"W, a distance of 7.00 feet to the southwest corner hereof; N20°34'50"E, a distance of 10.00 feet to a point in the south line of said Tract "D" and the common north line of said Tract "C-1", for the northwest corner hereof, from which a 1/2 inch iron rod with red plastic cap stamped "AMD ENGINEERING" found in the east line of Block 2, Wilcox Addition, Unit No. 4, a subdivision of record in Volume 496, Page 411, of the Deed Records of Hale County, Texas, being the southwest corner of said Tract "D" and the northwest corner of said Tract "C-1 ", bears N69°25'10"W, a distance of 149.99 feet; THENCE, S69°25'10"E, along the south line of said Tract "D" and the common north line of said Tract "C-1 ", a distance of 7.00 feet to the POINT OF BEGINNING, and containing an area of 0.002 acres (70 square feet) of land. Bearings are based on GPS observations utilizing the AIITerra RTK Network, North American Datum of 1983 (Adjustment Realization 2011). PAGE 1 OF 2 EAGLE SURVEYING, LLC 222 S. ELM STREET SUITE: 200 NTON, TX EAGLE DE(940) 222 300901 SURVEYING TX FIRM # 10194177 JOB NUMBER DRAWN BY DATE 2312.028-04 1 PM 1 05-31-2024 I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a Registered Professional Land Surveyor under the laws of the State of Texas Caleb McCanlies R. P. L. S. # 7036 CALEB H.•MCCANLIES • q7036 P SS`�N_-kQ UR� 5-31-2024 Date 472 WATER EASEMENT N.E. 1/4, Section 28, Block JK-2, G.C. & S.F. R.R. CO. Survey, Abstract No. 1472 City of Plainview, Hale County, Texas 1/2" CIRF "AMD ENGINEERING" N 69 BLOCK 2 WILCOX ADDITION, UNIT NO.4 VOL. 496, PG. 411 D.R.H.C.T. / WATER EASEMENT 0.002 ACRES (70 SQ. FT.) TRACT "D" WILCOX ADDITION, TRACTS "A"THROUGH "D" DOC. NO.2022-000448 P.R.H.C.T. t4 POB M v TRACT "C-1" WILCOX ADDITION, TRACTS "B-1" AND "C-1" DOC. NO. 2023-002615 P.R.H.C.T. 2g BLOCK SFCTIONR GO SURVEY, N E 1j4 & STRp,CT NO' 1472 G.0 AB NOTE: Bearings are based on GPS observations utilizing the AIITerra RTK Network, North American Datum of 1983 (Adjustment Realization 2011). PAGE 2OF2 EAGLE SURVEYING, LLC 222 S. ELM STREET SUITE: 200 EAGLE DENTON, TX 76201 (940) 222-3009 SURVEYING TX FIRM # 10194177 2312.028-04 1 PM I 05-31-2024 LINE TABLE LINE I BEARING DISTANCE L1 S 20°34'50" W 10.00' L2 N 69*25'10" W 7.00' L3 N 20°34'50" E 10.00, L4 S 69*25'10" E 7.00' AtBg?51p"tV 82.22, TRACT "B-1" WILCOX ADDITION, TRACTS "B-1" AND "C-1" DOC. NO. 2023-002615 P.R.H.C.T. N 1"=10' 6 5 10 "X" CUT FOUND TRACT "A" WILCOX ADDITION, TRACTS "A'• THROUGH "D" DOC. NO. 2022-000448 P.R.H.C.T. LEGEND O BOUNDARY MONUMENT SQ. FT. SQUARE FEET CIRF CAPPED IRON ROD FOUND POB POINT OF BEGINNING POC POINT OF COMMENCEMENT VOL. VOLUME PG. PAGE DOC. NO. DOCUMENT NUMBER D.R.H.C.T. DEED RECORDS, HALE COUNTY, TEXAS P.R.H.C.T. PLAT RECORDS, HALE COUNTY, TEXAS