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Home My WebLink AboutR20-48532 RESOLUTION No. R20-485 RESOLUTION ACCEPTING: RIGHT-OF-WAY AND UTILITY EASEMENTS ALONG 24T" STREET FROM COLUMBIA STREET TO THE DIMMITT HIGHWAY FOR THE 24TH STREET PROJECT 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 § 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 241h 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 a$ 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 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: Property Address Owner 1400 W. 24th. G. Pearl's Properties 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 R20-485 Page 1 of 2 33 1 any such documents as necessary to. affect and certify the acceptance of these Easements. Passed by the City Council this 14' day of July; I. J. /.//Z., Wendell Dunlap, Mayor ATTEST: Belinda Hinojosa, i Secretary APPROVED AS TO CONTENT: Jeffr'eyiS*ity Manager APPROVED AS TO. FORM: A 6 Matt ew L. Wade, City Attorney RESOLUTION R20-485 Page 2 of 2 34 After Recording Retum To. City 0- Plainview 901 Broadway Plainview, TX 79072 NOTICE 'OF CONFIDENTIALITY RIGHTS: IF YOU AREA 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 Effective Date: j';,,,,e- Z4 , 2020 Grantor: G. Pearl's Properties Grantor's Mailing Address: Grantee: City of Plainview, Texas GranteOMailing Address: Consideration: 1400 W 24th Plainview, Hale County Texa09072 901 Broadway Plainview, Hale County, Texas 79072*' Ten and No/10.0 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 right of 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 inchtde; without limitation, water, stormwater, sewer, gas, telecommunication -and electric distribution/transmission utilities as Grantee shall determine in its sole and absolute discretion in, on, along and across the Easement Property (Easement): Reservations from and: Exceptions to Conveyance and Warranty: None Page I of 4 11 1 35 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. General Grantor and Grantor's successors and assigns (including any. utility company operating under this Easement) including its employees, agents, contractors shall have die 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 all1ines, distribution lines. pipelines, service lines and associated appurtenances, such that Grantee shall have no obligation or liability to Grantor br their successors or assigns, to move or remove any sucli; 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 and 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 part thereof, except as to the Reservations from and Exception to Conveyance and Warranty. GRANTOR: STATE OF TEXAS COUNTY OF HALE Thi i s ment-wasvcknowledged before me o � the .- day of ✓r�roe , 2020� b the ?&/ on behalf of_ JUDY RASHER 41 emy xp NOTARY PUSH o ry� blic toe of. exas STATE OF TEXAS 1D 012OW93-2 Ccmm em 08.20. W Page 3 of 4: '06 ACCEPTED BY GRANTEE: CITY OF PLAINVIEW, TEXAS By: Wendell Dunlap, Mayor STATE OF TEXAS § COUNTY OF PLAINVIEW § This instrument was acknowledged before me on the day of 2020, by Wendell Dunlap, Mayor of the City of Plainview, Texas on, behalf of the City of Plainview. Notary Public, State of Texas Page 4 of 4 37 Exhibit "A" PARKHItU, MITH&COOPER 42.22.85th Street Lubbxk Texas 79423 806.473.2200 30-FOOT WIDE RIGHT-OF-WAY DEDICATION IN. LOT 13, BLOCK 4, THUNDERBIRD ADDITION, UNIT NO. -8, AN UNRECORDED SUBDIVISION IN THE CITY OF PLAINVIEW, SECTION 38, BLOCK JK-2, HALE. COUNTY, TEXAS A 30-foot wide right-of-way dedication in .Lot 13, Block 4, Thunderbird Addition, Unit No, 8, an unrecorded subdivision in 'the City of Plainview, Section 38, Block_JK-2-, Hale County, Texas, said Lot 13, Block.4 conveyed to Olegario.Aldape, Jr. andElissa V. Aldape in a warranty deed recorded in Volume.1025, Page 4148, of the Official Public Records of Hale County, Texas, said parent tract described by metes and bounds in a warranty deed with vendor's lien recorded in Volume 749, Page 6069 of the Official Public Records of Hale County, Texas, said right-of-way dedication contains 0.113 acres (4,920 square feet) being further described by metes and bounds as follows BEGINNING at a 1/2-inch iron rod with a:plastic cap marked "PSC RPLS 6453" set in the west line of said parent tract. and the east line of Lot 3, Hernandez Addition, an addition:to:the City of Plainview, :Hale County, Texas, according to the map, plat and/or dedication deed thereof recorded in Volume 910, Page 411 of the Official Public Records of Hale County, Texas, for the northwest corner of this dedication, said beginning point having coordinates of NORTHING: 7,500,199.75 and EA. STING: 994,646.13; Texas Coordinate System,: North Central Zone 4202, North American Datum of 1983, whence the southwest corner of said Section 38, Block JK-2 bears South 00 degrees 39 minutes 57 seconds West a distance of 60.00 feet and North -89 degrees 20 minutes 03 seconds West a distance:of 1155.69 feet; (1) THENCE South 89 degrees 20 minutes 03 seconds East a distance of 164.00 feet to a 1/2- inch iron rod with a plastic cap marked "PSC RPLS 6453" set in the east line of said parent tract for the northeast corner of'this dedication, said point having coordinates of NORTHING: 7,500,197.85 and EASTING: 994,810.10; Texas Coordinate system, North Central Zone 4202, North American -Datum of 1983; (2) THENCE South 00 degrees 42 minutes 35 seconds West a distance of 30.00 feet to a;point in the existing north right -of --way line of 24ei Street for the southeast corner of this dedication; (3) THENCE North 89 degrees 20 minutes 03 seconds West, along the existing north right-of-way line of said 24'h Street, a distance of 1 64.00feet-to a point for the south common corner of said parent tract and said Lot 3, Hernandez Addition,. for the southwest comer of this dedication; Texas Registered Surveying:Firm # 10194091 Page 1 of 3 0 Terms and Conditions: General: The following terms and conditions apply to the Easement granted by this agreement: Character of Easement. The Easement is appurtenant to and nms 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: Dw-ation 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 continueto: 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 theright 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 file 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- to authorize and assign Grantee'srights 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 distributionAransmission 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, crossanns, service lines, and all other necessary and desirable appurtenances and devices attached to, supported from, and apart 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:provisiori 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. Teleconnnunication Utilities. Constructing, excavating, installing, maintaining, altering, replacing, repairing, relocating and operating. wires, communication cables, insulators, pipelines, service lines, and all other necessary and desirable appurtenances and devices used for the transmission and provision of telecommunications service. Water, Stornnvater, Seiver Utilities. Constructing, excavating,, installing, maintaining, altering, replacing, repairing, relocating .and operating distribution and collections lines, Page 2 of 4 1 Exhibit "A" (4) THENCE North 00 degrees 42 minutes 35 seconds East, along the common line. of said parent tract and said Lot 3, Hernandez Addition, a distance of 30.00 feet to the POINT OF: BEGINNING. Bearings and coordinates called in these descriptions are based on the Texas Coordinate System, North Central Zone 4202, North American: Datum.:of 1983. Distances. called in these descriptions are at surface. Areas reported in these descriptions are. based on calculations made from .surface distances. This survey is subject to any facts which :may'be disclosed by a full and accurate title search. Record documents other than those. shown may affect these tracts. A plat of this survey is included on page 3 of this document. This description was prepared from a previous boundary survey. of 2411 Street, Section 35 and Section 38, Block JK-2 and an actual survey of the property and the information hereon represents the findings of this survey to the'best of my knowledge and belief. Surveyed: February 24, 2020 Samuel Wyatt, R. Page 2 of-3 I rvmrUr BEGINNING ) PROPOSED R-06W LINE I EXISTINd R-O-W LINE SCALE 1' -100' O - SET l'Ir IRON ROD WITH CAP "PSC-RPLS 6453'. 0 .100' 200' LOT 13, BLOCK 4, UNIT 8 THUNDERBIRD (UNRECORDED SUBDIVISION) DESCRIPTIONS IN VOL 749, PG. 609 3 VOL 1025. PG. 4148 S 89'20'03' E 164.00' AREA 4,920 S.F. Al13 ACRES) N 89.20'03' W 164.00' 14® NORTH PORTION OF TRACT 32, D.D. I BOWMANADDITION I (UNRECORDED SUBDIVISION) I F VOL. 738, PG: EASTING21,810.10 49 I I W i Iw I� ILu 5 Iw IY IQ I� N DD'435- E f ° V ^' n une Ur sec IIUN 39, BLOCK JK-2 `S OD•4735' W 24TH.STREET - - _ ---30.00' 30.00' I I Lu I 1 I I I w I I Y I I A 30-FOOT WIDE RIGHT-OF-WAY DEDICATION IN LOT l3, BLOCK 41 THUNDERBIRD ADDITION, UNIT NO.- 8 D AN UNRECORDED SUBDIVISION IN THE CITY OF PLAINNVIEW, SECTION 38, BLOCK JK-2, HALE COUNTY, TEXAS PARENT TRACT(S): VOLUME 1025, PAGE 4148 & VOLUME 749, PAGE 609, OFFICIAL:PUSUC RECORDS OF HALE COUNTY; TEXAS NOTE: MONUMENTS SET WITH THIS SURVEY ARE BASED ON A PREVIOUSLY ESTABLISHED SURVEY OF SECTION 35, BLOCK JK•2 8, 24TH STREET RIGHT.OF-WAY LINES. SURVEYOR'S REPORT. BEARINGS AND COORDINATES SHOWN ON THIS SURVEY ARE BASED ON THE TEXAS COORDINATE SYSTEM, TXNC ZONE 420Z NAD'83. DISTANCES REPORTED HEREON ARE AT SURFACE AREAS REPORTED HEREON ARE BASED ON CALCULATIONS -MADE AT SURFACE DISTANCES. THIS SURVEY IS SUBJECT TO ANY FACTS WHICH MAY BE DISCLOSED BY A FULL AND ACCURATE TITLE SEARCH.. RECORD DOCUMENTS OTHER THAN THOSE SHOWN MAY AFFECT "IS TRACT. MONUMENTS INDICATED AS FOUND BY THIS SURVEY ARE NOT 'PHYSICAL MONUMENTS OF RECORD DIGNITY' UNLESS SO NOTED. FOUND MONUMENTS ARE ACCEPTED BY THIS SURVEYOR AS CONTROLLING EVIDENCE DUE TO SUBSTANTIAL AGREEMENT WITH RECORD DOCUMENTS. THIS PLAT IS INVALID UNLESSIT BEARS THE SURVEYOR'S ORIGINAL SEAL AND SIGNATURE THIS PLAT WAS PREPARED FROM AN ACTUAL SURVEY OF THE PROPERTY AND THE INFORMATION HEREON REPRESENTS THE _ 6yS S 1 OF THIS SURVEY TO THE BEST OF MY KNOWLEDGE AND \M SURVEYED: FEBRUARY 24, 2020 I3wAM EL 6453 SSA SAMUEL WYATT R.P.L.S:8453 _ Sim PAGE 3 OF 3 (SEE PAGES 1.6 2 FOR A FULL METES AND BOUNDS DESCRIPTION) PARKHILL SMITH & COOPER TBPELS FIRM REGISTRA'nON NO.10194091 4222 85TH STREET LUBBOCK, TX. 79423 808:4732200