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RESOLUTION NO. R26-688
RESOLUTION ACCEPTING AN UNDERGROUND UTILITY EASEMENT
AND A PEDESTRIAN ACCESS EASEMENT FROM EFRAIN CALVILLO
AND VACATING A SEWER LINE EASEMENT IN MCDONALDS
PLAINVIEW TRACT "A," AN ADDITION TO THE CITY OF PLAINVIEW,
HALE COUNTY, TEXAS LOCATED IN SECTION 40, BLOCK JK-2, G.C.
& S.F. RR. COMPANY SURVEY, ABSTRACT NUMBER 517, AS
DETAILED IN THE PLAT TO BE FILED IN THE OFFICIAL PUBLIC
RECORDS OF HALE COUNTY, TEXAS AND BEING A PORTION OF
THAT CERTAIN TRACT OF LAND CONVEYED TO EFRAIN CALVILLO
AS DESCRIBED IN SPECIAL WARRANTY DEED RECORDED AS
COUNTY CLERK'S FILE NUMBER 2022-000592 OF THE OFFICIAL
PUBLIC RECORDS OF HALE COUNTY, TEXAS AND GENERALLY
LOCATED SOUTH OF W. 5TH STREET AND WEST OF JOLIET AVENUE
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, Texas Local Government
Code Chapter 212, and Chapter 10 of the Plainview Code of Ordinances, regulates the
subdivision and platting of properties within the municipal limits of the City and its
extraterritorial jurisdiction; and
WHEREAS, Efrain Calvillo submitted a replat for McDonalds Plainview Tract "A,"
an addition to the City of Plainview, Hale County, Texas (Case File No. P-25-012) in order
to facilitate development of the property generally located south of W. 5th Street and west
of Joliet Avenue, 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, 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 5' Pedestrian Access Easement running north and south along the
eastern boundary of the Property; and
• A 10' Underground Utility Easement running along the western and
southern boundaries of the Property,
collectively referred to as the "Public Dedication" and more particularly described in
Exhibit' A," attached hereto and incorporated herein by reference; and
WHEREAS, in accordance with Texas Local Government Code Section 212.011,
accepting and approving a plat does not constitute an acceptance of any proposed
dedication or other development; and
Resolution R26-688
Page 1 of 4
117
WHEREAS, the Property is encumbered by a 20' Sewer Line Easement, recorded
as Volume 346, Page 15 of the Official Public Records of Hale County, Texas (the
"Sewer Line Easement"), as more particularly described in Exhibit "A;"; and
WHEREAS, the owner of the Property, Efrain Calvillo, requested that the City of
Plainview vacate and abandon that portion of the Sewer Line Easement within the
Property; and
WHEREAS, the Plainview Planning and Zoning Commission approved the
preliminary and final plat of the Property, including the vacation and abandonment of the
portion of the Sewer Line Easement within the Property, and the City of Plainview has
confirmed that there are no public utilities located in the Sewer Line Easement; and
WHEREAS, the City Council of the City of Plainview finds that the portion of the
Sewer Line Easement within the Property is no longer needed for easement purposes
or for public use and it would be beneficial for the public interest and the development of
the Property to vacate and abandon the Sewer Line Easement; 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 and to vacate and abandon the Sewer Line Easement
outlined on the Property.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLAINVIEW, TEXAS, THAT:
SECTION 1. The findings recitals outlined above are found to be true and correct
and are hereby adopted and approved.
SECTION 2. The City Council accepts the Public Dedication by Efrain Calvillo
outlined on the Property and as more particularly described in Exhibit "A," attached hereto
and incorporated herein by reference, granting to the City of Plainview a permanent and
perpetual Pedestrian Access Easement and 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, electric distribution and transmission, and for all other
purposes for which underground utility easements are commonly used.
SECTION 3. By accepting the attached Public Dedication, the City Council
recognizes that the Public Dedication and the rights granted therein shall be used for
public purposes and the purposes expressly granted in such Public Dedication.
SECTION 4. The 20' Sewer Line Easement, recorded as Volume 346, Page 15 of
the Official Public Records of Hale County, Texas, and as more particularly described in
Exhibit 'A" is hereby vacated and abandoned, but only to the extent that the Sewer Line
Easement encumbers the Property.
Resolution R26-688 Page 2 of 4
•
SECTION 5. The City Manager is hereby authorized and directed to enter into and
execute any such documents as necessary to affect and certify the acceptance of the
Public Dedication and to vacate and abandon the Sewer Line Easement.
Passed by the City Council this 27th day of January, 2026.
M&/'Ot�
B�linda Hinojosa,.
APPROVED AS TO CONTENT:
Ted Chancellor, City Manager
APPROVED AS TO FORM:
Matthew A. Murray, City Attorney
Resolution R26-688
Page 3 of 4
119
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