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RESOLUTION NO. R25-658
RESOLUTION ACCEPTING FROM LARRY GLORIA AN
UNDERGROUND UTILITY EASEMENT DEDICATION IN ELM -DALE
SUBDIVISION TRACT A, BEING A REPLAT OF CERTAIN LOTS IN
BLOCK 5 OF THE ELM -DALE SUBDIVISION, AND LOCATED IN THE
VICINITY OF SOUTHWEST 6T" STREET AND SOUTH AUSTIN STREET,
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 Larry Gloria has submitted a replat of Lots 2-19 & the South 10
feet of Lots 1 & 20, Block 5, Elm -Dale Subdivision, in order to combine 18 separate lots
into one to be known ELM -DALE SUBDIVISION TRACT A, and which is located in the
vicinity of Southwest 6th Street and South Austin Street, within the municipal limits of the
City of Plainview (the "Property"); 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 dedication:
■ a 14-foot underground utility easement running North and South near the West
boundary of the Property for general utility purposes,
referred to as the "Public Dedication" 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 Dedication outlined on the Property.
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 Dedication by Larry Gloria, outlined on
the Property as depicted in Exhibit A attached to this resolution granting to the City of
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Plainview a permanent and perpetual underground utility easement 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, and for all other purposes for which an
underground utility easement is commonly used.
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and the purposes expressly granted in such Public Dedication.
4. The Mayor is hereby authorized and directed to enter into and execute any
quch documents as necessary to affect and certify the acceptance of this Public
Dedication.
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