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
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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
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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
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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
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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
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