HomeMy WebLinkAboutR25-65429
RESOLUTION NO. R25-654
A RESOLUTION OF THE CITY COUNCIL OF PLAINVIEW, TEXAS,
RATIFYING THE DECLARATION OF AN UNDERGROUND UTILITY
EASEMENT.
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, has the authority
to declare and grant easements burdening City -owned property; and
WHEREAS, the City of Plainview, Texas, (the "City") owns 93.42-acre tract described
in Volume 310, Page 595, Deed Records of Hale County, Texas, situated in Section 28, Block
JK2, Abstract 2180, G.C. & S.F. R.R. Co. Survey, Hale County, Texas (the "City Property");
and
WHEREAS, as part of the Chick-fil-a Project, the City previously approved a final plat
for Lot 1 of the CFA Addition, an addition to the City of Plainview, Hale County, Texas (the
"CFA Property"), said plat recorded as Document Number 2024-002569 in the Official Public
Records of Hale County, Texas; and
WHEREAS, the City Property borders the CFA Property along the south side of the
CFA Property; and
WHEREAS, it is necessary for the City, as part of the Chick-fil-a Project, to declare a
20-foot underground utility easement across the City Property, with specific authority and rights
outlined in the easement attached to this Resolution and incorporated herein as though set
forth fully herein (the "Easement").
NOW, THEREFORE, BE IT RESOLVED BY THE City Council of the City of Plainview,
Texas, that:
SECTION 1: The findings and recitals outlined above are found to be true and correct and are
hereby adopted and approved.
SECTION 2: It is in the City's best interest to declare an underground utility easement across
the City Property, a form of said Easement is attached as Exhibit A to this Resolution.
SECTION 3: The Mayor is hereby authorized and directed to enter into and execute any such
documents as necessary to affect and certify the grant of the Easement.
PASSED AND APPROVED this 28th day of January 2025.
Evan Weiss, Mayor Pro Tern
ATTEST:
Belinda Hinojosa, City Secretary
30
FYN1RIT A
After Recording Return To:
Clt\ of Plainview
202 W. 5" St.
Plainview, Texas 79072
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.
DECLARATION OF UNDERGROUND UTILITY EASEMENT
Effective Date: January 16, 2025
Grantor: City of Plainview, Texas
Grantor's Mailing Address: 202 W. 51h Street
Plainview, Hale County Texas 79072
Grantee: The public, as limited below
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:
A 20-foot-wide tract of land described in the attached Survey Exhibit 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 ("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.
Reservations from and Exceptions to Conveyance and Warranty: None
Terms and Conditions:
General: The following terms and conditions apply to the Easement granted by this agreement:
31
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. The
Easement is only for use by entities which provide services to the public at large, examples of which
are set forth below.
Duration of Easement. The duration of the Easement is perpetual.
Reservation of Rights. Grantor reserves for Grantor and Grantor's 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.
Underground Utility Easement: Grantee 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 Property. For
illustration purposes and without limiting the general authority to use the Easement Property 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 Property; (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 interfere with Grantee's facilities or use of the Easement Property; 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
32
Grantor, or their successors or assigns, to move or remove any such abandoned lines or
appurtenances.
Pre-existing Improvements/Fences and Access by Grantor. For all improvements and
fences existing prior to the Effective Date of this Easement located within the Easement
Property (Pre -Existing Improvements), Grantee and Grantee's successors and assigns
(including any utility company operating under this Easement) including its employees,
agents, and contractors shall be responsible for the repair or replacement of Pre -Existing
Improvements damaged by the installation, construction, maintenance or repair of utilities
within the Easement. Grantee and Grantee's successors and assigns (including any utility
company operating under this Easement) including its employees, agents, and contractors
shall be responsible for any damages to the Grantor's property adjacent to but not within
the Easement Property directly attributable to the installation, construction, maintenance
or repair of utilities within the Easement Property. Grantee and Grantee's successors and
assigns (including any utility company operating under this Easement) shall provide
Grantor access to Grantor's property or properties during the installation, construction,
maintenance or repair of utilities within the Easement Property.
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.
To have and to hold the Easement forever or until such time as Grantee may abandon the Easement.
Grantor binds Grantor and Grantor's successors and assigns to warrant and forever defend the title to the
Easement in Grantee and Grantee's 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:
CITY OF PLAINVIEW, TEXAS
Evan Weiss, Mayor Pro Tern
STATE OF TEXAS
COUNTY OF HALE
This instrument was acknowledged before me on the 28th day of January, 2025, by Evan
Weiss, Mayor Pro Tern of the City of Plainview, Texas on behalf of the City of Plainview.
Notary Public, State of Texas
o'
o / 4°O • Qfi� �oh~
POINT OF / l r' Lot o
\ BEGINNING 14,g
\ S 69'2B'l1" E
\ 20.00'
10' TV Easement
Vol. 586, Pg. 373
w
Mo ..
IO' SPS Easement
Vol. 513, Pg. 11
6929'n�_
Unplatted v W `
f 93.42 40.00
Running Water Draw Regional Park
City of Plainview
Vol. 310, Pg. 595
L OGDD
N \
S 20'30'55" W�
20,00'
lR
M
S
E
•
- Found 1/2 Inch Iron Rod
SCALE: 1" = 50'
— Plat Limits
0 25• 50' 100'
— Lot Line
— —
— Adjoiner Lot Line
— Easement Line — As Described
Exhibit
SPS
— Southwestern Public Service
CCFN
—County Clerk File No.
Underground Utility Easemen
N
— Northing
No
Plainview, Hale County, Texas
E
thin
—
Total t 0.10 Acres December 31, 202
VOL.
— Volume
PG.
— Page
CENTERLINE ENGINEERING & CONSULTING, LA
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3 CE/VTEf?L//VE CENTERLINE ENGINEERING & CONSULTING, tL C.
8312 Up/and Avenue, Lubbock, Texas 79424
_____________________
E/VG//VEER//VG 6r (806) 470-8686
TBPE Reg. No. F-1671J
CONSUL T//VG, L L C TBPLS Reg. No. 10194378
BEING a 20.00 feet wide Underground Utility Easement located on that certain 93.42 acre tract, as described in
Volume 310, Page 595, Deed Records of Hale County, Texas, situated in Section 28, Block JK2, Abstract 2180, G.C. &
S.F. R.R. Co. Survey, Hale County, Texas, and said Underground Utility Easement being further described by metes
and bounds as follows:
BEGINNING at a 1/2 Inch Iron Rod Found for the most Northerly Northeast Corner of this tract, same being the
Southeast Comer of Lot 1, CFA Addition, as shown on the map or plat thereof recorded in County Clerk File No.
2024002569, Official Public Records of Hale County, Texas;
THENCE South 20°30'18" West - 82.88 feet along the Northwest line of a 20.00 feet wide Travel and Utility
Easement, as recorded in Volume 737, Page 625, Deed Records of Hale County, Texas, to a Point for a Comer;
THENCE South 69°29'05" East - 120.00 feet to a Point for the most Easterly Northeast Corner of this tract;
THENCE South 20°30'55" West - 20.00 feet to a Point for the Southeast Corner of this tract;
THENCE North 69°29'05" West - 140.00 feet to a Point for the Southwest Corner of this tract;
THENCE North 20'30' 18" East - 102.88 feet to a Point in the Southwest line of said Lot 1 for the Northwest Comer of
this tract;
THENCE South 69'28'11" East - 20.00 feet to the POINT OF BEGINNING and containing 0.10 acres (4457 Sq.Ft.) of
land, more or less.
Certificate
I do here by certify that this plat is true and correct to the best of my knowledge,
information and belief and in my professional opinion; that it was prepared from a survey made
on the ground under my supervision on this the 3rd day of January, 2025; that no visible above
ground encroachments exist other than shown.
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