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Home My WebLink AboutR26-688116 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 accepting and approving a plat doe dedication or other development; and s Texas Local Government Code Section 212.011, not constitute an acceptance of any proposed 1 1 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 4 118 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. ATT T: Belinda Hinojosa, City Secrets APPROVED AS TO CONTENT: Ted Chance ity Manager APPROVED AS TO FORM: Matthew A. 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