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HomeMy WebLinkAboutR20-48423 RESOLUTION No. R20-484 RESOLUTION ACCEPTING: RIGHT-OF=WAY AND UTILITY EASEMENTS ALONG 24T" STREET FROM COLUMBIA STREET TO THE DIMMITT HIGHWAY FOR THE 24T" STREET PROJECT WHEREAS, the City Council for the City. of Plainview, Texas, as a horhe=rule municipality and pursuant to the- constitution and laws of the State of Texas including, but not limitedto, Article 11', Section 5 of the Texas Constitution and Texas Local Government Code § 273:001-, 'has the authority to acquire property by gift, dedication, or purchase property for streets, boulevards, alleys; or other public ways;. and WHEREAS, .on November 7,_2017, the citizens of the City -of Plainview, Texas, approved the issuance of general obligation bonds for'street and drainage improvements along.24th:Street from�Columbia (BI-27) to the Dimmitt Highway -(State Highway 194) (the "24th Street Project"); and WHEREAS, it :is necessary for :the. City of Plainview, as part of the: 24th Street Project, .to acquire from a. number of property owners adjacent to or in close .proximity to the location .of the 24th Street Project certain right-of-way and utility easements with -the specific authority -and rights outlined in the easements attached to- this resolution and incorporated herein as though set forth fully herein (the ``Easements"); , NOW THEREFORE, BE' IT RESOLVED by the City Council of the City .of Plainview, Texas: 1. THAT the findings recitals outlined above are found= to be true and correct and are hereby adopted and approved.. 2. THAT the Easements for the following properties and attached to this resolution grant.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 ao 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: Property Address Owner 2401 Quincy Larry Stark 3. THAT .the City Council of the City of :Plainview accepts the Easements and shall use the :rights granted therein for public. purposes and the:,purposes expressly granted :in such Easements. 4. THAT the Mayor is hereby authorized and directed to enter into and execute RESOLUTION R20-484 Page 1 of 2 24 any such documents as necessary to affect and certify the acceptance of these Easements. Passed by the City Council this 23rd day of June, 2020. ATTEST: Belinda inojosa, ty etary APPROVED AS 10 CONTENT: Manager APPROVED AS TO FORM- .'dzze�- ;"'e Matthew L. Wade, City Attorney i Wendell Dunlap, Mayor i 1 RESOLUTION R20-484 Page 2 of 2 25 Aftei Recording Retum To: City of Plainview 901 Broadway Plainview, TX 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. RIGHT OF WAY AND UTILITY EASEMENT EffectiveDate: :JCIME _, 2020 . Grantor: Larry Stark Grantor's Mailing Address: Grantee: City of Plainview,:Texas Grantee's Mailing Address: Consideration: 2401 Quincy Plainview, Hale County Texas 79072 901 Broadway Plainview, Hale County, Texas 79072 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:. See Exhibit "A" 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 over, on, and across the Easement Property, with the rightof ingress and egress'for .all pedestrian and vehicular traffic; .to, construct, inspect; repair and maintain a road for such purposes, 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. -as Grantee shall determine in its sole and absoluta discretion in, on, along and across..the. Easement Property. (Easement). Reservations from and Exceptions to Conveyance and Warranty: None Page I of 4 26 Terms and Conditions: General: The following terms and conditions apply to the Easement granted by this agreement: Character ofEasement. 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. Duration of Easement. The duration of the Easement is perpetual. Reservation of Rights. Grantor reserves for Grantor and Grantor's heirs, 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. Right of Way/Roadway: The Grantee and Grantee's successors and assigns shall have the right of.ingress and: egress for all pedestrian and vehicular traffic, and to construct, inspect, repair and maintain a road for such purposes. The improvement and: maintenance of the Easement Property, will be at the sole expense of Grantee. Grantee has the right to eliminate any encroachments onto the Easement Property. Grantee:must maintain- the Easement Property in a neat and clean condition. Grantee has the right to construct, install, maintain; replace, and remove a road with all culverts,bridges, drainage ditches, sewer facilities, and similar or related utilities and facilities under or across any portion of the Easement Property (collectively, the "Road Improvements'). All matters concerning the configuration, construction, installation, maintenance, replacement, and removal of the. Road Improvements are at Grantee's sole discretion. Utilities: Grantee and Grantee's successors and assigns; shall have the right toauthorize and assign Grantee's rights .to utility companies and businesses for the purpose of constructing,. installing, maintaining, altering, replacing, repairing, relocating and operating utilities which include, without limitation, water, stormwater, sewer, gas, telecommunication and electric distribution/transmission utilities. For illustration purposes and without limiting the general authority to use the Easement Tract 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#purtenances 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, Page 2 of 4 27 FA 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. c General. Grantor and Grantor'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; (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' 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 Grantor; or their successors or assigns,_ to move or remove any such abandoned lines or appurtenances. 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 acid pronouns include"the plural. This instrument was prepared based on information furnished by the parties and no independent title search, has been made. Grantor binds .Grantor and Grantor's heirs, successors, and assigns to:warrant and forever defend the title to the Easement in Grantee and Grantee's heirs, successors; and :assigns against• every person whomsoever lawfully claiming or to claim the'Easement or any par,[:thereof; except as to the Reservations from and Exception to Conveyanceand Warranty. GRANTOR: By: STATE OF TEXAS § COUNTY OF HALE § T is instrument: was acknowledged before me .on the day of.N 2020, by LaRRq ST (a< , the : ail NN M on behalf of YARRHARDIN '•.; pjy Apiary 00128765800 Notary lic, State of Texas av IDIOM. pciober7,20Q'b Page 3 of 4 28 ACCEPTED BY GRANTEE: CITY OF PLAINVIEW, TEXAS By: Wendell Dunlap,. Mayor STATE OF TEXAS § CO'UN`I'Y OF PLAINVIEW § This instrument was acknowledged before me on the day of. 2020; by Wendell Duman, Mayor of the City of Plainview, Texas onbehalf of the City of Plainview: Notary Public, State of Texas i Page 4 of 4 0 NOWWTH&CID.OPER AAMM, Nb:;A`oan; :Y-btbIbATI0N IN K O.T.." 6 --­ R* -V­('3" I G"T 0.1ENVIL1E,zg-.UI301V' 1.91.ON, tPLtT OPUNIT NOA th-V611bbe; 1 Mfil .M.0114 -T 22endhd6h; f6d...WRh q pjpsfi!r cif-saidLot. .'$B for .'!ho.northwest i' 'jabf env i. d"' ffle--.-SUbdlvison, 4222-85th 18te4 'Plot Mftt :Records ;of feet}; being: RP"LS-5453" set-in �gdi6 be . ainnino.Oil iD'-' ;Nortkrzniral-'bf - Section. CUb dV6.0.00 Met 4po fl-fTHENCE-Souffi tg.'V Irprk--rdcwit64 plostjo,c6p ffiidfkdd 'PSU. 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