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HomeMy WebLinkAboutR20-473350 RESOLUTION No. R20-473 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 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 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 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 2010 W 24th 2000-2006 W 24th 1606 W 24th (West) 1606 W 24th (East) 1600 W 24th 1500 W 24th 1408 W 24th RESOLUTION R20-473 Owner Manual Mario Balderas David Garcia Norma Loewen Trust Norma Loewen Trust Arturo Monzon Jesus & Gloria Hernandez Marcelino Godino Page 1 of 2 1 1 raymff 5M 1 1 1 1406 W 24th Olegario Jr. & Elissa Aldape 1308 W 24th Martin & Sandra Chavez 1210 W 24th Francisco Javier Chavez & Beatriz Chavez 1004 W 24th Maria Juarez 1002 W 24th Victor Hugo & Rosalinda Vasquez Rodriguez 2403 Houston Doug Blackerby 802 W 24th Doug Blackerby & Bonnie Leann Blackerby 804 W 24th Doug Blackerby & Bonnie Leann Blackerby 2400 Galveston Sarah Henderson 710 W 24th Aurelio Solorzano 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 any such documents as necessary to affect and certify the acceptance of these Easements. Passed by the City Council this 14th day of April, 2020. ATTEST: Belinda Hinojosa, City APPROVED AS TO FORM: IIZ-- 4u Matt t w L. Wade, City Attorney RESOLUTION R20-473 endell Dunlap, Mayor Page 2 of 2 352 After Recording Return 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 Effective Date: a��� 2020 Grantor: Manual Mario Balderas Grantor's Mailing Address: 2010 W 24th Plainview, Hale County Texas 79072 Grantee: City of Plainview, Texas Grantee's Mailing Address: 901 Broadway Plainview, Hale County, Texas 79072 Consideration: 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 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 include, 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 4 353 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 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. D> ration of Easement. The duration of the Easement is perpetual. Resen•ation 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 he 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 to authorize 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 appurtenances and devices used for the transmission and provision of telecommunications service. Water, .Stornrwater, Sewer Utilities. Constructing, excavating, installing, maintaining, altering, replacing, repairing, relocating and operating distribution and collections lines, Page 2 of a 354 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 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 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: By:_ 1�0 16 STATE OF TEXAS § COUNTY OF HALE § This instrument was a knowledged before me on the A(*� day of 2020, by IML&viej the rri.Adaep on behalf of e Z;Y, RASHER NOTARY PUBLICSTATE OF TEXAS10 0 12909493.2My Comm. Expires 0&20-2020 ff M.4 ralj. i o Page 3 of 4 1 1 1 355 ACCEPTED BY GRANTEE: CITY OF PLAINVIEW, TEXAS Wendell Dunlap, Mayor STATE OF TEXAS COUNTY OF PLAINVIEW This instrument was acknowledged before me on the /* day of ARV' 1 1 2020, by Wendell Dunlap, Mayor of the City of Plainview, Texas on behalf of the City of Plainview. Y Ppe BELINDA HINOJOSA NOTARY PUBLIC + STATE OF TEXAS "r �y ID # 644426-1 �rf OF �+ My Comm. Expires 04-28-2021 1 I&L—OL Public, State of Texas Page 4 44 356 Exhibit "A" I-M PARKHILLSMITH&COOPER 30-FOOT WIDE RIGHT-OF-WAY DEDICATION IN AN UNPLATTED TRACT OF LAND IN THE CITY OF PLAINVIEW, SECTION 35, BLOCK JK-2, HALE COUNTY, TEXAS 4222 85th Street Lubbock Texas 79423 806.473.2200 A 30-foot wide right-of-way dedication in the City of Plainview, situated in an unplatted tract of land conveyed to Manuel Mario Balderas, Jr., described in a warranty deed with vendor's lien recorded in County Clerk's File Number 2017-003014 of the Official Public Records of Hale County, Texas, said right-of-way dedication contains 0.019 acres (819 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 southwest line of said parent tract and the northeast line of the F.W. & D. Railroad right-of-way, for the northwest corner of this dedication, said beginning point having coordinates of NORTHING: 7,500,224.47 and EASTING: 992,513.49, Texas Coordinate System, North Central Zone 4202, North American Datum of 1983, whence the southeast corner of said Section 35 bears South 00 degrees 39 minutes 42 seconds East a distance of 60.00 feet and South 89 degrees 20 minutes 18 seconds East a distance of 977.27 feet; (1) THENCE South 89 degrees 20 minutes 18 seconds East a distance of 42.57 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 and the west line of a 0.4-acre tract of land conveyed to David Garcia, recorded in a special warranty deed with vendor's lien recorded in County Clerk's File Number 2016-003000 of the Official Public Records of Hale County, Texas, for the northeast corner of this dedication, said northeast corner having coordinates of NORTHING: 7,500,223.97 and EASTING: 992,556.06, Texas Coordinate System, North Central Zone 4202, North American Datum of 1983; (2) THENCE South 00 degrees 39 minutes 36 seconds West a distance of 30.00 feet to a point for the south common corner of said parent tract and said 0.4-acre tract, in the existing north right- of-way line of 241h Street, for the southeast corner of this dedication; (3) THENCE North 89 degrees 20 minutes 18 seconds West, along the south line of said parent tract and the existing north right-of-way line of said 241h Street, a distance of 12.05 feet to a point for the southwest corner of said parent tract and this dedication; Texas Registered Surveying Firm # 10194091 Page I of 3 Exhibit "A" 357 (4) THENCE North 44 degrees 50 minutes 02 seconds West, along the southwest line of said parent tract and the northeast line of said F.W. & D. Railroad right-of-way line, a distance of 42.80 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 241h 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 ""� 4V'/ Samuel Wyatt R.P.L.S. 6453 Page 2 of 3 on- Cn I I I I I I ' ( \ NOT PLATTED I I I I I n of a \ GRANTEE. MANUEL I \ MARK) BALDERAS. JR. I o \ CCFN 2017-003014 j Uj \ I W I \\ I I L---- ui \ AREA 819 B.F. NOT PLATTED Z \ (0.019 ACRES) I CCFN 2016-003000 I m \ I NORTHING:7,500.223.97 I Q 58920'18'E EASTING:992.556.08 I V) > .r I \ 42.5r I 3 \ NORTHING:7,5W.224.47 \ i S 00.39'36" W I Q ¢ EASTING:992,513.49 \ PAIMT rw 30 00' \ BEGINNING \ N 44'50'OZ' W \ 42.80' 30-FOOT WIDE RIGHT-OF-WAY DEDICATION IN AN UNPLATTED TRACT OF LAND IN x THE CITY OF PLAINVIEW, SECTION 35, BLOCK JK-2, HALE COUNTY TEXAS PARENT TRACT: COUNTY CLERK'S FILE NUMBER 2017-003014, OFFICIAL PUBLIC RECORDS OF HALE COUNTY, TEXAS I I I I I I I I I PROPOSED R-O-W LINE - . EXISTING R-O-W LINE .OS SOUTH LINE OF SECTION 35, BLOCK JK-2 \ NORTH LINE OF SECTION 34. BLOCK JK-2 \ \ 24TH STREET -- ---------------- \ \ 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. SCALE. '' = 100 O = SET VY IRON ROD WITH CAP -PSC RPLS 645314 - 0 100200' NORTH SURVEYOR'S REPORT. BEARINGS AND COORDINATES SHOWN ON THIS SURVEY ARE BASED ON THE TEXAS COORDINATE SYSTEM, TXNC ZONE 4202. 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 THIS 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 UNLESS IT BEARS THE SURVEYOR'S ORIGINAL SEAL AND SIGNATURE. THIS PLAT WAS PREPARED FROM AN ACTUAL SURVEY OF THE IL PROPERTY AND THE INFORMATION HEREON REPRESENTS THE FINDINGS S10 OF THIS SURVEY TO THE BEST OF MY KNOWLEDGE ANDS .0 SURVEYED. FEBRUARY 24, 2020 SAMUEL WYA R.P.L S. 6453 PAGE 3 OF 3 (SEE PAGES 1 d 2 FOR A FULL METES AND BOUNDS DESCRIPTION) PARKHILL SMITH & COOPER TBPELS FIRM REGISTRATION NO. 10194091 4222 85TH STREET LUBBOCK, TX. 79423 "I 806.473.2200 359 1 After Recording Return To City of Plainview 901 Broad%uy 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 Effective Date: r c `j 0 , 2020 Grantor: David Garcia Grantor's Mailing Address: Grantee: City of Plainview, Texas Grantee's Mailing Address: Consideration: 2000-2006 W 24th 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 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 include, 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 4 360 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 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. Resen•ation 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 to authorize 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 appurtenances and devices used for the transmission and provision of telecommunications service. Water, Stornnvater, Sewer Utilities. Constructing, excavating, installing, maintaining, altering, replacing, repairing, relocating and operating distribution and collections lines, Page 2 o -I 361 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 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 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. GRANTO By: VIII&I STATE OF TEXAS COUNTY OF HALE This instrument was acknowledged before me on the day of n'' c 2020, by ;go ie, W Ga.ro ;4L the on ehalf of _ emyJUDY RASHERNOTARY PUBLICSTATE OF TEXASID ,V 12909493 2 Comm. Expires 08-20-2020 Page 3 of 4 362 ACCEPTED BY GRANTEE: CITY OF PLAINVIEW, TEXAS k- - 10, Wendell Dunlap, Mayor STATE OF TEXAS COUNTY OF PLAINVIEW § rThis instrument was acknowledged before me on the/Z#14 day of b rs 2020, by Wendell Dunlap, Mayor of the City of Plainview, "texas on behalf of the City of Plainview. aY PU BELINDA HINOJOSA Notary Public, State of Texas 0 NOTARY PUBLIC STATE OF TEXAS m y ID # 644426-1 r�rE OF I' My Comm. Expires 04.28-2021 Page 4 of 4 1 363 Exhibit "A" PARKHIL-SMITH&COOPER 4222 85th Street Lubbock, Texas 79423 806.473.2200 30-FOOT WIDE RIGHT-OF-WAY DEDICATION IN AN UNPLATTED TRACT OF LAND IN THE CITY OF PLAINVIEW, SECTION 35, BLOCK JK-2, HALE COUNTY, TEXAS A 30-foot wide right-of-way dedication in the City of Plainview, situated in an unplatted tract of land conveyed to David Garcia., described in a special warranty deed with vendor's lien recorded in County Clerk's File Number 2016-003000 of the Official Public Records of Hale County, Texas, said right-of-way dedication contains 0.094 acres (4,074 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 a 1.23-acre tract of land conveyed to Manuel Mario Balderas, Jr., described in a warranty deed with vendor's lien recorded in County Clerk's File Number 2017-003014 of the Official Public Records of Hale County, Texas, for the northwest corner of this dedication, said beginning point having coordinates of NORTHING: 7,500,223.97 and EASTING: 992,556.06, Texas Coordinate System, North Central Zone 4202, North American Datum of 1983, whence the southeast corner of said Section 35 bears South 00 degrees 20 minutes 18 seconds East a distance of 60.00 feet and South 89 degrees 20 minutes 18 seconds East a distance of 934.70 feet; (1) THENCE South 89 degrees 20 minutes 18 seconds East a distance of 135.80 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 and the west right-of-way line of Sabine Street as dedicated with instruments recorded in Volume 199, Page 121 and Volume 722, Page 197 of the Deed Records of Hale County, Texas, for the northeast corner of this dedication, said northeast corner having coordinates of NORTHING: 7,500,222.41 and EASTING: 992,691.83, Texas Coordinate System, North Central Zone 4202, North American Datum of 1983; (2) THENCE South 00 degrees 39 minutes 42 seconds West, along the west right-of-way line of said Sabine Street, a distance of 30.00 feet to a point in the existing right-of-way line of 241 Street, for the southeast corner of said parent tract and this dedication; (3) THENCE North 89 degrees 20 minutes 18 seconds West, along the south line of said parent tract and the existing north right-of-way line of said 241h Street, a distance of 135.80 feet to a point for the south common corner of said parent tract and said 1.23-acre tract and the southwest corner of this dedication; Texas Registered Surveying Firm # 10194091 Page 1 of 3 364 Exhibit "A" (4) THENCE North 00 degrees 39 minutes 36 seconds East, along the common line of said parent tract and said 1.23-acre tract, 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 24"' 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 R. P. L. S.'6453 U6 Page 2 of 3 S"j ,o3,oL Sol, 1 1 1 I I I i I I I � I I I \ NOT PLATTED I I \ GRANTEE:MANUEL \ MARIO BALDERAS, JR. I I \ CCFN 2017-003014 I L--T---� I I NOT PLATTED 1 2THING:7,500.223.97 I GRANTEE' DAVID GARCIA CCFN 2016-003DDO EASTING:992,556.06 I POINT OF I I BEGINNING I I \ I I I N 00'39'36' E 30.00' \ 30-FOOT WIDE RIGHT-OF-WAY DEDICATION IN AN UNPLATTED TRACT OF LAND INI THE CITY OF PLAINVIEW, SECTION 35, BLOCK JK-2, D HALE COUNTY, TEXAS PARENT TRACT: COUNTY CLERK'S FILE NUMBER 2016-003000, OFFICIAL PUBLIC RECORDS OF HALE COUNTY, TEXAS SCALE: 1' = 100' O = SET 12' IRON ROD WITH CAP'PSC RPLS 6453'. LOT 1, BLOCK 6 GARDENVILLE SUBDMSION S 89'20'18' E 135.80' I PROPOSED R-O-W LIN AREA 4,074 S.F. I__ _ _, - - (0.094 ACRES) EXISTING R-O-W LINE N 89'20'18' W 135.80' S 00'39'42' W 30.00' SOUTH LINE OF SECTION 35. BLOCK JK-2 NORTH LINE OF SECTION 34, BLOCK JK-2 _ _ _ _ _ _24TH STREET _ _ 'Qq� \ 222.41 83 0 100' 200' 1410 NORTH SURVEYOR'S REPORT: BEARINGS AND COORDINATES SHOWN ON THIS SURVEY ARE BASED ON THE TEXAS COORDINATE SYSTEM, TXNC ZONE 4202. 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 THIS 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 UNLESS IT BEARS THE SURVEYOR'S ORIGINAL SEAL AND SIGNATURE. —� THIS PLAT WAS PREPARED FROM AN ACTUAL SURVEY OF THE PROPERTY AND THE INFORMATION HEREON REPRE OF THIS SURVEY TO THE BEST OF MY KNOWL isr SURVEYED: FEBRUARY 24, 2020 Q� ��(,� 6463 3311 SAMU/-YATT RPLS. 6453 NOTE MONUMENTS SET WITH THIS SURVEY ARE BASED ON A PREVIOUSLY ESTABLISHED SURVEY OF SECTION 35, BLOCK JK-2 6 24TH STREET RIGHT-OF-WAY LINES. PAGE 3 OF 3 (SEE PAGES 1 6 2 FOR A FULL METES AND BOUNDS DESCRIPTION) PARKHILL SMITH & COOPER TBPELS FIRM REGISTRATION NO. 10194091 loll 4222 85TH STREET LUBBOCK, TX. 79423 8D6.473.2200 366 Aber Recmdmg Return 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 Effective Date: / 2020 Grantor: Norma Loewen Trust Grantor's Mailing Address: Grantee: City of Plainview. Texas Grantee's Mailing Address: Consideration: 1700 W 24th 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 Fxhibit "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 include, 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 1 1 1 367 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 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 to authorize 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, storrmwater, 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 appurtenances and devices used for the transmission and provision of telecommunications service. Water, Stornnvater, Sewer Utilities. Constructing, excavating, installing, maintaining, altering, replacing, repairing, relocating and operating distribution and collections lines, {'age 2 of 4 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 the right ( I ) 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 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. GR STATE OF TEXAS COUNTY OF HALE TI ' instrument was acknowledged before me on the 1 U day of�(�� 2020, by e the I on behalf of _ emy JUDY RASHER NOTARY PUaLICSTATE OF TEXAS ID 0Ex2p� 08 20-2020 Page 3 of 4 - i ' •f Texas 1 1 1 369 1 STATE OF TEXAS COUNTY OF PLAINVIEW ACCEPTED BY GRANTEE: CITY OF PLAINVIEW, TEXAS Wendell Dunlap, Mayor This instrument was acknowledged before me on the / 1 " - day, ofAor� / 1 2020, by Wendell Dunlap, Mayor of the City of Plainview, Texas on behalf of the dity of Plainview. �pRY P& BELINDA HINOJOSA r° NOTARY PUBLIC * ,t STATE OF TEXAS +Py ID # 644426-1 of My Comm. Expires 04-28-2021 1 Notary Public, State of exa Page 4 of 4 370 Exhibit "A" "I PARKHILflir MITH&COOPER RIGHT-OF-WAY DEDICATION IN LOTS 1, 2 & 3, EBELING SUBDIVISION, UNITS NO. 1 & NO. 2 ADDITIONS TO THE CITY OF PLAINVIEW, HALE COUNTY, TEXAS 4222 85th Street Lubbock, Texas 79423 806.473.2200 A right-of-way dedication in Lots 1, 2, & 3, Ebeling Subdivision, Units No. 1 & No. 2, Additions to the City of Plainview, Hale County, Texas, according to the maps, plats and/or dedication deeds thereof recorded in Volume 513, Page 75 and Volume 698, Page 599 of the Official Public Records of Hale County, Texas, said right-of-way dedication contains 0.265 acres (11,537 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 Lot 3, in the east right-of-way line of Quincy Street, dedicated by instruments recorded in Volume 791, Page 661, Volume 834, Page 573, Volume 199, Page 121 and Volume 698, Page 599 of the Official Public Records of Hale County, Texas, for the northwest corner of this dedication, said beginning point having coordinates of NORTHING: 7,500,212.60 and EASTING: 993,540.64, Texas Coordinate System, North Central Zone 4202, North American Datum of 1983, whence the southwest corner of 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 50.00 feet; (1) THENCE South 89 degrees 20 minutes 03 seconds East, across said Lots 1, 2 and 3, a distance of 567.02 feet to a 1/2-inch iron rod with a plastic cap marked "PSC RPLS 6453" set in the east line of said Lot 2, for the northeast corner of this dedication, said point having coordinates of NORTHING: 7,500,206.01 and EASTING: 994,107.57, 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 2411 Street for the southeast corner of said Lot 2 and this dedication; (3) THENCE North 89 degrees 20 minutes 03 seconds West, along the existing north right-of-way line of said 241 Street, at a distance of 172.00 feet pass the south common corner of said Lots 1 and 2, continuing for a total distance of 212.00 feet to a point for the southwest corner of said Lot 1, at a point of intersection for a corner of this dedication; (4) THENCE North 00 degrees 42 minutes 35 seconds East a distance of 7.50 feet to a point of intersection for the southeast corner of said Lot 3 and a corner of this dedication; Texas Registered Surveying Firm # 10194091 Page 1 of 3 Exhibit "A" 371 1 (5) THENCE North 89 degrees 20 minutes 03 seconds West, along the existing north right-of-way line of said 241' Street and the south line of said Lot 3, a distance of 55.00 feet to a point of intersection for a corner of this dedication; (6) THENCE North 84 degrees 34 minutes 14 seconds West, along the existing north right-of-way line of said 241 Street and the south line of said Lot 3, a distance of 150.52 feet to a point of intersection for a corner of this dedication; (7) THENCE North 89 degrees 20 minutes 03 seconds West, along the existing north right-of-way line of said 241' Street, a distance of 150.00 feet to a point for the southwest corner of said Lot 3 and this dedication; (8) THENCE North 00 degrees 42 minutes 35 seconds East, along the east right-of-way line of said Quincy Street and the west line of said Lot 3, a distance of 10.00 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 Wyar, P.L.S. 6453 Page 2 of 3 oz w 0 :J I I I I I I I I N I LOT 1 & 2, EBELING SUBDIVISION , I I I � ( I I I I I � O iI PLATS VOL 513. PG. 75 ZIZ ZI2 W LOT 3, EBELING SUBDIVISION Ssi UNIT NO. 2 PLAT: VOL. 698, PG. 599 ED mW m n t7 - >- 2 a GRANTEE. NORMA LOEWEN Dio �O p^ I TRUST VOL. 941. PG. 656 I I Z NORTH WG:7.500.212.60 � a' I EASTING:993,540.64 0 J I POINT OF OI BEGINNING I ' � I � I S 89'20'03' E 567.07 I N 89-20'03- W I50.00' N 00'42'35' N �'34'14• W 10.00, $ 24TH STREET 150.52- $ SOUTH LINE OF SECTION 3A Al nrie IV I ----.. -'- N 59.20'03- W J /- -- 55.00' I I PROPOSED R-O-W LINE NORTHING: 7,500,206.01 EASTING.994,107.57 AREA 11,537 S.F. 1 (0.265 ACRES) N 89.20'03' W 212.00' N 00'42'35' E S 00.4735' W 7.50' 30.00' - EXISTING R-O-W UNE - RIGHT-OF-WAY DEDICATION IN LOTS 1,2&3 EBELING SUBDIVISION UNIT No. 1 & Unit No. 2, ADDITIONS TO THE CITY OF PLAINVIEW, HALE COUNTY TEXAS PLATS: VOLUME 513, PAGE 75 3 VOLUME 698, PAGE 599 OFFICIAL PUBLIC RECORDS OF HALE COUNTY, TEXAS SCALE: 1' = 100' O = SET 1/2- IRON ROD WITH CAP'PSC RPLS 6453'. m x Cr 6 0 100' 200' 14 p A? 8 NORTH SURVEYOR'S REPORT. BEARINGS AND COORDINATES SHOWN ON THIS SURVEY ARE BASED ON THE TEXAS o COORDINATE SYSTEM, TXNC ZONE 4202. NAD'83. Z W > 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 THIS 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 UNLESS IT BEARS THE SURVEYOR'S ORIGINAL SEAL AND SIGNATURE. THIS PLAT WAS PREP! PROPERTY AND THE II OF THIS SURVEY TO T - - - - SURVEYED. FEBRUARY 24, 2020 NOTE. MONUMENTS SET WITH THIS SURVEY ARE BASED ON A PREVIOUSLY ESTABLISHED SURVEY OF SECTION 35. BLOCK JK-2 & 24TH STREET RIGHT-OF-WAY LINES. SAMUEL WY R.P.LS.6453 PAGE 3 OF 3 (SEE PAGES 1 & 2 FOR A FULL METES AND BOUNDS DESCRIPTION) Ov-1- PARKHILL SMITH & COOPER TBPELS FIRM REGISTRATION NO. 10194091 4222 85TH STREET LUBBOCK, TX. 79423 "1 806.473.2200 373 1 After Recording Return 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 Effective Date: liIGfA\ 2020 Grantor: Arturo Monzon Grantor's Mailing Address: Grantee: City of Plainview, Texas Grantee's Mailing Address: Consideration: 1600 W 24th 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 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 include, 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 4 374 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 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 to authorize 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 forthe 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 appurtenances and devices used for the transmission and provision of telecommunications service. Water, Stornnvater, Sewer Utilities. Constructing, excavating, installing, maintaining, altering, replacing, repairing, relocating and operating distribution and collections lines, Page 2 of 4 375 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 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 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: By: STATE OF TEXAS COUNTY OF HALE § This instrument was acknowledged before me on the ` 1 day of 2020, by 1-i r i -the -on behalf of „ Nota PubliJ, State of TexIis �-- =NOTARY YANCEY 1PUBLIC TEXAS3984-1 gage 3 of -I s 07-12-2022 376 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 r� 2020, by Wendell Dunlap, Mayor of the City of Plainview, NOTARY PUBLC Texas on behalf of the C ty of Plainview. I /��/ ` Pbe BEUNDA HI Notary Public. State of Texas e UBLlC * STATE OF TEXAS ID # 644426-1 My Comm. Expires 04-28.2021 Page 4 of 4 1 1 377 Exhibit "A" 1 PARKHILLSMITH&COOPER 4222 85th Street Lubbock Texas 79423 806.473,2200 30-FOOT WIDE RIGHT-OF-WAY DEDICATION IN AN UNPLATTED TRACT OF LAND IN THE CITY OF PLAINVIEW, SECTION 38, BLOCK JK-2, HALE COUNTY, TEXAS A 30-foot wide right-of-way dedication in the City of Plainview, situated in an unplatted tract of land conveyed to Arturo Monzon, described in a warranty deed with vendor's lien recorded in Volume 1057, Page 2180 of the Official Public Records of Hale County, Texas, said right-of-way dedication contains 0.113 acres (4,910 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 east line of Lot 2, Ebeling Subdivision, according to the map, plat and/or dedication deed thereof recorded in Volume 513, Page 75 of the Official Public Records of Hale County, Texas, in the west line of said parent tract for the northwest corner of this dedication, said beginning point having coordinates of NORTHING: 7,500,206.01 and EASTING: 994,107.57, Texas Coordinate System, North Central Zone 4202, North American Datum of 1983, whence the southwest corner of said Section 38 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 617.05 feet; (1) THENCE South 89 degrees 20 minutes 03 seconds East a distance of 163.64 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 and the west line of Lot 1, 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 northeast corner of this dedication, said point having coordinates of NORTHING: 7,500,204.11 and EASTING: 994,271.18, 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 241" Street for the south common corner of said parent tract and said Lot 1, Hernandez Addition, 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 241" Street, a distance of 163.64 feet to a point for the south common corner of said parent tract and said Lot 2, Ebeling Subdivision, for the southwest corner of this dedication; Pagel of 3 Texas Registered Surveying Firm # 10194091 378 Exhibit "A" (4) THENCE North 00 degrees 42 minutes 35 seconds East, along the west line of said parent tract, 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 241 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, .P.L.S. 6453 Page 2 of 3 1 1 I 1 I I i I I i I I I I I I I I I I I I I I I I NOT PLATTED I I LOT 1 6 2. EBELING SUBDIVISION I GRANTEE: ARTURO MONZON PLAT: VOL. 513, PG. 75 I VOL. 1057. PG. 2180 LOT 3, EBELN SUBDIVISION BDIVISION INO PLAT: VOL. 698. PG. 599 I I I I I I I I I I I NORTHING:7,500,206.01 I I I EASTING:994.107.57 POINT OF BEGINNING PROPOSED R-O-W LINE S 89'20'03' E 163,64' I AREA 4,910 S.F ReET-- (0.113 ACRES)2_4TH N 89'20'03' W 163.64, SOUTH LINE OF SECTION 38. BLOCK JK-2 30.00' --� w F----------------------� I U) I I I I g i I I I 30-FOOT WIDE RIGHT-OF-WAY DEDICATION IN AN UNPLATTED TRACT OF LAND INX THE CITY OF PLAINVIEW, LT SECTION 38, BLOCK JK-211 D HALE COUNTY, TEXAS I PARENT TRACT: VOLUME 1057, PAGE 2180 OFFICIAL PUBLIC RECORDS OF HALE COUNTY, TEXAS I SCALE: 1' = 100' O = SET 112- IRON ROD WITH CAP'PSC RPLS 6453- 0 100, 200' NORTH SURVEYOR'S REPORT: � I ca I BEARINGS AND COORDINATES SHOWN ON THIS SURVEY ARE BASED ON THE TEXAS o I =g COORDINATE SYSTEM, TXNC ZONE 420Z NAD'83. S i DISTANCES REPORTED HEREON ARE AT SURFACE. AREAS REPORTED HEREON ARE BASED ON CALCULATIONS MADE AT SURFACE ~O a I J DISTANCES. THIS SURVEY IS SUBJECT TO ANY FACTS WHICH MAY BE DISCLOSED BY A FULL AND NORTHING:7,500,204.11 ACCURATE TITLE SEARCH. RECORD DOCUMENTS OTHER THAN THOSE SHOWN MAY EASTING:994,271.18 AFFECT THIS 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 UNLESS IT BEARS THE SURVEYOR'S ORIGINAL SEAL AND SIGNATURE. S 00'42.35- W g 30.00 8' THIS PLAT WAS PREPARED FROM AN ACTUAL SURVEY OF THE PROPERTY AND THE INFORMATION HEREON REPRESENTS THE FINDINGS OF THIS SURVEY TO THE BEST OF MY KNOWLEDGE AND BELIEF. 1 1 — — SURVEYED: W r T FEBRUARY 24, 2020 w I I 0 0 Z I I I I I I JI I I SAMUEL WY Y I I I R.P.L.S.6453 p I I I 1 PAGE 3 OF 3 (SEE PAGES 1 NOTE. MONUMENTS SET WITH THIS SURVEY ARE BASED ON A PREVIOUSLY ESTABLISHED SURVEY OF SECTION 35, BLOCK JK-2 d 24TH STREET RIGHT-OF-WAY LINES. 6n M After Recording Return 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 Effective Date: wdreA �_, 2020 Grantor: Jesus & Gloria Hernandez Grantor's Mailing Address: Grantee: City of Plainview, Texas Grantee's Mailing Address: Consideration: 1500 W 24th 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 Fxhibit "A " Grant of Easement and Purpose: Grantor, for the Connssiid�eration stated and subject to the Reservations and Exceptions hereinafter made and with the -re . sd ns and upon the covenants below stated, does grant, sell, and convey unto the Grantee, its succes 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 include, 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 1 of 4 1 1 �J 381 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 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. Resen-ation 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 to authorize 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 appurtenances 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, Nage 2 of a 382 pipelines necessary for conveying or collecting water, stortnwater 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 the right ( I ) 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 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 This instrument was acknowledged before me on the _ �e day of , 2020. by reg„ S 0 4;/ .-, _ 6(&e4iaalalf z the bra lint 4 6n behalf of _ e JUDY RASHER NOTARY PUBLIC STATE OF TEXAS !D is 12909493-2 my Comm. Expit" 08-20-2Ir20 Pu ic, ate Texas ,54 Page 1 oC 4 1 1 F� 383 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 ofAID;,'_ 2020, by Wendell Dunlay, Mayor of the City of Plainview, Texas on behalf of the ity of Plainview. �PµY PUe BELINDA HINOJOSA NOTARY PUBLIC Nota Public, State of Texas 2 ' STATE OF TEXAS rl ID # 644426-1 9 of h+ My Comm. Expires 04-28-2021 Pave 4 of 4 •g • Exhibit "A" PARKHILLSM ITH&COOPER 30-FOOT WIDE RIGHT-OF-WAY DEDICATION IN LOTS 1 AND 2, HERNANDEZ ADDITION, AN ADDITION TO THE CITY OF PLAINVIEW, HALE COUNTY, TEXAS 4222 85th Street Lubbock, Texas 79423 806,473.2200 A 30-foot wide right-of-way dedication in Lots 1 and 2, 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, said right-of-way dedication contains 0.194 acres (8,438 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 Lot 1 for the northwest corner of this dedication, said beginning point having coordinates of NORTHING: 7,500,204.11 and EASTING: 994,271.18, Texas Coordinate System, North Central Zone 4202, North American Datum of 1983, whence the southwest corner of 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 708.68 feet; (1) THENCE South 89 degrees 20 minutes 03 seconds East, across said Lots 1 and 2, a distance of 281.25 feet to a 1/2-inch iron rod with a plastic cap marked "PSC RPLS 6453" set in the east line of said Lot 2 for the northeast corner of this dedication, said point having coordinates of NORTHING: 7,500,200.84 and EASTING: 994,552.39, 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 241" Street, for the southeast corner of said Lot 2 and this dedication; (3) THENCE North 89 degrees 29 minutes 03 seconds West, along the existing north right-of-way line of said 241" Street, at a distance of 187.50 feet pass the south common corner of said Lots 1 and 2, continuing for a total distance of 281.25 feet to a point for the southwest corner of said Lot 1 and this dedication; Texas Registered Surveying Firm # 10194091 Page I of 3 Exhibit "A" 385 (4) THENCE North 00 degrees 42 minutes 35 seconds East, along the west line of said Lot 1, 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 1 Page 2 of 3 z W NOT PLATTED GRANTEE:ARTURO MONZON VOL 1057. PG. 2180 NOR TH ING: 7, 500, 204.1 EASTING:994,271.18 POINT OF PROPOSED R-O-W LINE _ EXISTING R-O-W LINE N DO'42.35' E 30.00' I I I I I I I I i I I I I I i I I I I I I I I I I I I I I I I I LOT 1 6 2. HERNANDEZ ADDITION PLAT: 910, PG, 411 I GRANTEE JESUS AND GLORIA ^ I HERNANDEZ i O O 1 0 CCFN 2013-003915 p I J J I J J I I I I I I � I I � I I � I I � I I S 89'2OV3' E 281.25' AREA 8,438 S.F. (0.194 ACRES) N 89*20*03' W 281.25' SOUTH LINE OF SECTION 38. BLOCK JK-2 A 30-FOOT WIDE RIGHT-OF-WAY DEDICATION IN LOTS 1 AND 2, HERNANDEZ ADDITION, s AN ADDITION TO THE CITY OF D PLAINVIEW, HALE COUNTY TEXAS PLAT: VOLUME 910, PAGE 411 OFFICIAL PUBLIC RECORDS OF HALE COUNTY, TEXAS I; EASTING:994,552.39 L S 00.42'35- W 24TH STREET 30.00' w r---T----1-----I--------- LU z I I I I I Q I I I Y I I I I I Q I I I I 0 I I I I I � SCALE 1'=tp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ra _ SURVEYED. ' FEBRUARY 24. 2020 -.3 I I I SAMUEL WYA R.P.L.S. 6453 I I NOTE: MONUMENTS SET WITH THIS SURVEY ARE BASED ON A PREVIOUSLY ESTABLISHED SURVEY OF SECTION 35. BLOCK JK-2 & 24TH STREET RIGHT-OF-WAY LINES PAGE 3 OF 3 (SEE PAGES t 3 2 FOR A FULL METES AND BOUNDS ti PARKHILL SMITH & COOPER TBPELS FIRM REGISTRATION NO. 10194091 "1 4222 85TH STREET LUBBOCK, TX. 79423 806.473.2200 387 1 1 1 After Recording Return To City of Plamview 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 Effective Date: 07,4.0 C-_ 2020 Grantor: Marcelino Godino Grantor's Mailing Address: Grantee: City of Plainview, Texas Grantee's Mailing Address: Consideration: 1408 W 24th 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 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 include, 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 "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 rums 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. Resen•ation 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 beat 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 to authorize 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 appurtenances and devices used for the transmission and provision of telecommunications service. Water, Stornnvater, Sewer Utilities. Constructing, excavating, installing, maintaining, altering, replacing, repairing, relocating and operating distribution and collections lines. Page 2 of 4 • so 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 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 constricted 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 infor-mation 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: By: STATE OF TEXAS COUNTY OF HALE This instrument was acknowledged before me on the /if Pf day of arc 2020, by �a rrt! i,t/G Goca_. the &r L,..I-pr n behalf of eJn; RASHERNOTARY PUBLICSTATE OF TEXASID # 129M93-2My Comm• 08,20-2020 t9(ar-,,/P_ubyc.Xate Texas Wage 3 of 4 390 ACCEPTED BY GRANTEE: CITY OF PLAINVIEW, TEXAS 101 Wendell Dunlap, Mayor STATE OF TEXAS § COUNTY OF PLAINVIEW § //,� This instrument was acknowledged before me on the P74A day of Apr 91 1 2020, by Wendell Dunlap, Mayor of the City of Plainview, Texas on behalf of the Cit} of PlainvicNN. �PµY PVC BELINDA HINOJOS3A Notary Public, State of Texas z NOTARY PUBLIC * STATE OF TEXAS a h ID # 644426-1 Of My My Comm. Expires 04-28-2021 Page 4 of 4 1 Exhibit "A" 391 1 PARKHILLSMITH&COOPER 30-FOOT WIDE RIGHT-OF-WAY DEDICATION IN LOT 3, HERNANDEZ ADDITION, AN ADDITION TO THE CITY OF PLAINVIEW, HALE COUNTY, TEXAS 4222 854h Street Lubbock, Texas 79423 806.473.2200 A 30-foot wide right-of-way dedication in 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, said right-of-way dedication contains 0.065 acres (2,813 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 Lot 3 for the northwest corner of this dedication, said beginning point having coordinates of NORTHING: 7,500,200.84 and EASTING: 994,552.39, Texas Coordinate System, North Central Zone 4202, North American Datum of 1983, whence the southwest corner of 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 1061.94 feet; (1) THENCE South 89 degrees 20 minutes 03 seconds East a distance of 93.75 feet to a 1/2-inch iron rod with a plastic cap marked "PSC RPLS 6453" set in the east line of said Lot 3 for the northeast corner of this dedication, said point having coordinates of NORTHING: 7,500,199.75 and EASTING: 994,646.13, 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 241h Street, for the southeast corner of said Lot 3 and this dedication; (3) THENCE North 89 degrees 29 minutes 03 seconds West, along the existing north right-of-way line of said 241h Street, a distance of 93.75 feet to a point for the southwest corner of said Lot 3 and this dedication; Page I of 3 Texas Registered Surveying Firm # 10194091 392 Exhibit "A" (4) THENCE North 00 degrees 42 minutes 35 seconds East, along the west line of said Lot 3, 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, .P.L.S. 6453 Page 2 of 3 1 A 30-FOOT WIDE RIGHT-OF-WAY DEDICATION IN LOT 3, HERNANDEZ ADDITION, s AN ADDITION TO THE CITY OF PLAINVIEW, HALE COUNTY TEXAS D PLAT: VOLUME 910, PAGE 411 OFFICIAL PUBLIC RECORDS OF HALE COUNTY, TEXAS I I I I I I I I I SCALE: 1' = 100' 0 = SET 1r2' IRON ROD WfTH CAP'PSC RPLS 6453'. I i I I I 0 100, 200' 0, NORTH I I NORTH g LOT 1 6 2, HERNANDEZ SURVEYOR'S REPORT: I I �' (� o ADDITION• N I LOT 13. BLOCK 4, I BEARINGS AND COORDINATES SHOWN ON THIS SURVEY ARE BASED ON THE TEXAS PLAT: 910, PG. 411 I uy C9 I UNIT 8 THUNDERBIRD I COORDINATE SYSTEM, TXNC ZONE 4202, NA983. I � o U oa,- I (UNRECORDED SUBDIVISION) I .$ I . . I DISTANCES REPORTED HEREON ARE AT SURFACE. Z VOL1025. PG4148 d I W ~ j I VOL. 749. PG. 609 AREAS REPORTED HEREON ARE BASED ON CALCULATIONS MADE AT SURFACE I I DISTANCES. 4 p ( I THIS SURVEY IS SUBJECT TO ANY FACTS WHICH MAY BE DISCLOSED BY A FULL AND NORTHING.7,500,200.84 I J O I NORTMING.7,500.199.75 I ACCURATE TITLE SEARCH. RECORD DOCUMENTS OTHER THAN THOSE SHOWN MAY EASTING:994,552.39 I I EASTING:99, .646.13 I AFFECT THIS TRACT . POINT OF I MONUMENTS INDICATED AS FOUND BY THIS SURVEY ARE NOT 'PHYSICAL BEGINNING ( I I MONUMENTS OF RECORD DIGNITY' UNLESS SO NOTED. FOUND MONUMENTS ARE ACCEPTED BY THIS SURVEYOR AS CONTROLLING EVIDENCE PROPOSED R-O•W I�INE_� _ _ _ _ _ __ _ _ S 89'20T13' E 93.75' _ — _ _ DUE TO SUBSTANTIAL AGREEMENT WITH RECORD DOCUMENTS. AREA 2,813 S.F. I THIS PLAT IS INVALID UNLESS IT BEARS THE SURVEYORS ORIGINAL SEAL AND _ _ (0.065 ACRES) SIGNATURE. EXISTING R•O-W LINE N OO'42'35' E N 89'20'03' W 9-3 75' S 00'42'35' W L g THIS PLAT WAS PREPARED FROM AN ACTUAL SURVEY OF THE 4. �'� SOUTH LINE OF SECTION 38. BLOCK JK-2 30.00 9 PROPERTY AND THE INFORMATION HEREON REPRESENTS THE FINDINGS .0 NORTH NORTH LINE OF -SEC ION 39, BLOCK JK-2 OF THIS SURVEY TO THE BEST OF MY KNOWLEDGE AND BELIEF. r% 24TH STREET SURVEYED: OF `• r—_T�----I- ,----------� 1-- FEBRUARY 24, 2020 I I I I I I I I 4MNMM9 I I I i I I I I I I "53 v I I SAMUEL WYATT Fsg I I I I R.P.L.S. 6453 I I I I I I PAGE 3 OF 3 (SEE PAGES 1 d 2 FOR A FULL METES AND BOUNDS DESCRIPTION) NOTE. MONUMENTS SET WITH THIS SURVEY ARE BASED ON A PREVIOUSLY ESTABUSHED SURVEY OF SECTION 35, BLOCK JK-2 & 24TH STREET RIGHT-OF-WAY LINES. 394 After Recording Return To Cav of Plamview 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 Effective Date: 2z ara ., 2020 Grantor: Olegario Jr & Elissa Aldape Grantor's Mailing Address: Grantee: City of Plainview, Texas Grantee's Mailing Address: Consideration: 1406 W 24th 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 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 include, 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 1 1 i�J 395 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. 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 to authorize 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 Gus 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 appurtenances and devices used for the transmission and provision of telecommunications service. Water, .Siornnvuter, Sewer Utilities. Constructing, excavating, installing, maintaining, altering, replacing, repairing, relocating and operating distribution and collections lines, Page 2 of a 396 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 the right (I) 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 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 die 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: �y - STATE OF TEXAS COUNTY OF HALE This instrument was acknowledged before me on the ;ZP4 day of a c 2020. by 644 1.ra 4/W-42e— P JUDY RASHER 2 NOTARY PUBLIC * STATE OF TEXAS 10 0 12909493-2 or My Comm Expires 08-20.2020 N ubli , St a of exas Pape I of 4 1 1 1 397 1 STATE OF TEXAS COUNTY OF PLAINVIEW ACCEPTED BY GRANTEE: CITY OF PLAINVIEW, TEXAS By: Wendell Dunlap, Mayor This instrument was acknowledged before me on the /-7 ' day of 2020, by Wendell Dunlap, Mayor of the City of Plainview, Texas on behalf of th Ciry of Plainview. .K P�y� BELINDA HINOJOSA 1611 ., ,, ^;OTARv PUBLIC AS My Comm. Expires .A-2b-2021 P BELINDA HI;=M NOTARY PUBLIC * STATE OF TEXAS g ll��vv �y ID # 644426-1 of h+ My Comm Expires 04-28-2021 Notary Public, State of e s Page 4 tit 4 Exhibit "A" I'M PARKHII�S MITHBCOOPER 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 4222 85th Street Lubbock Texas 79423 806,473.2200 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. and Elissa 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 EASTING: 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 2411 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 241h Street, a distance of 164.00 feet to a point for the south common corner of said parent tract and said Lot 3, Hernandez Addition, for the southwest corner of this dedication; Texas Registered Surveying Firm # 10194091 Pagel of 3 Exhibit "A" 399 (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 240, 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 ,dy Samuel Wyatt, R.Fl.L.S. 6453 1 �64 a' Page 2 of 3 0 EASTING.W4,646. 13 POINT OF BEGINNING I PROPOSED R-O-W LINE I EXISTING R-O-W LINE A 30-FOOT WIDE SCALE: V-100' Av� RIGHT-OF-WAY DEDICATION IN o . SET Irr IRON ROD WITH CAP VSC RPLS 6453' ® ® NORTH LOT 13, BLOCK 4, 200 THUNDERBIRD ADDITION, UNIT NO. 8 AN UNRECORDED SUBDIVISION IN LOT 13, BLOCK 4. UNIT 8 THUNDERBIRD (UNRECORDED SUBDIVISION) DESCRIPTIONS IN VOL, 749,PG, 609 I 6 VOL 1025, PG 4148 1 1 i I S 89'20T13' E 164 00 11 AREA 4.920 S.F I (0.113 ACRES) 1` N 89'20'03' W 164.00' KITH LINE OF SECTION 38. BLOCK JK-2 I I 1 1 I I I 1 I i I I I PORTION OF TRACT 32, D.D. 1 BOWMAN ADDITION 1 (UNRECORDED SUBDMSION) I VOL. 738, PG. 4 EASTING:9W,810.10 N 00'4735' E J .- ,'''' `"" — '" ' • � own �#%-[ \_ S 00'4Z3S W _ _ — — — 30.W 24TH STREET 30.W — — — — -----------T--- ----� i I I I I I I w I I I I I 1 U 1 I I I I I I W I I I I I I W I I I I I I I j I I I I I 1 Q I I � I i THE CITY OF PLAINNVIEW, SECTION 38, BLOCK JK-2, HALE COUNTY, TEXAS PARENT TRACT(S): VOLUME 1025, PAGE 4148 3 VOLUME 749, PAGE 609. OFFICIAL PUBLIC RECORDS OF HALE COUNTY, TEXAS NOTE' MONUMENTS SET WITH THIS SURVEY ARE BASED ON A PREVIOUSLY ESTABUSHED SURVEY OF SECTION 35. BLOCK JK-2 i 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 4202. NAD'83. DISTANCES REPORTED HEREON ARE AT SURFACE AREAS REPORTED HEREON ARE BASED ON CALCULATIONS MADE AT SURFACE DISTANCES. m x 27 CY 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 THIS 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 UNLESS IT BEARS THE SURVEYORS ORIGINAL SEAL AND SIGNATURE. THIS PLAT WAS PREPARED FROM AN ACTUAL SURVEY OF THE PROPERTY AND THE INFORMATION HEREON REPRESENTS TH �j OF THIS SURVEY TO THE BEST OF MY KNOWLEDGE AND ._ — _ SURVEYED. FEBRUARY 24. 2020 \� 64bS ssr SAMUEL wYATT R P.L.S 6453 _ PAGE 3 OF 3 (SEE PAGES 1 A 2 FOR A FULL METES AND BOUNDS DESCRIPTION) 0 PARKHILL SMITH & COOPER TBPELS FIRM REGISTRATION NO. 10194091 "1 4222 85TH STREET LUBSOCK. TX. 79423 806.473.2200 401 1 1 1 After Recording Return 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 Effective Date: / M a r c k 13 2020 Grantor: Martin Chavez & Sandra M. Chavez Grantor's Mailing Address: Grantee: City of Plainview. Texas Grantee's Mailing Address: Consideration: 1308 W 24th 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 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 include, 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 1YA 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 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 to authorize 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, crossanns, 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 forthe 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. Teleconununication 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, Storntwater, Sewer Utilities. Constructing, excavating, installing, maintaining, altering, replacing, repairing, relocating and operating distribution and collections lines, I'hage 2 of 4 403 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 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 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: By: STATE OF TEXAS COUNTY OF HALE This instrument w,�s acknowledged before me on the _�'e�ay of .� 2020, by �(,�C 1 i r� ( r � GA � S��{ n Cat (A 0Aa4 y behalf of _ e JUDY RASHERNOTARY PUBLIC STATE OF TEXAS ID 0 /2909493.2AAy Comm. Expires 0s-20-2020 Page 3 oF4 Pu� Ic tale Texas ACCEPTED BY GRANTEE: CITY OF PLAINVIEW, TEXAS Wendell Dunlap. Mawr STATE OF TEXAS COUNTY OF PLAINVIEW This instrument was acknowledged before me on the f"`1► day of _ 2020, by Wendell Dunlap, Mayor of the City of Plainview, Texas on behalf of the 'ity of Plainview. Y P& BELINDA HINOJOSA �- /- 4 'A/ zA NOTARY PUBLIC Notary Public, State of T . * * STATE OF TEXAS ar ry ID # 644426-1 'rE of �+ My Comm. Expires 04-28-2021 Page 4 of 4 �1 I L 405 Exhibit "A" PARKHILLSMITH&COOPER 4222 85th Street Lubbock, Texas 79423 806.473.2200 30-FOOT WIDE RIGHT-OF-WAY DEDICATION IN AN UNPLATTED TRACT OF LAND IN THE CITY OF PLAINVIEW, SECTION 38, BLOCK JK-2, HALE COUNTY, TEXAS A 30-foot wide right-of-way dedication in the City of Plainview, Hale County, Texas, situated in an unplatted tract of land conveyed to Martin and Sandra Chavez, described in a warranty deed with vendor's lien recorded in Volume 1011, Page 3310 of the Official Public Records of Hale County, Texas, said right-of-way dedication contains 0.108 acres (4,725 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 right-of-way line of Milwaukee Street, described in an instrument recorded in Volume 373, Page 563 of the Deed Records of Hale County, Texas for the northwest corner of this dedication, said beginning point having coordinates of NORTHING: 7,500,195.05 and EASTING: 995,050.40, 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 1560.02 feet; (1) THENCE South 89 degrees 20 minutes 03 seconds East a distance of 157.50 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 and the west line of a tract of land conveyed to Francisco and Beatriz Chavez, described in a warranty deed with vendor's lien recorded in County Clerk's File Number 2015-000058 of the Official Public Records of Hale County, Texas, for the northeast corner of this dedication, said point having coordinates of NORTHING: 7,500,193.22 and EASTING: 995,207.88, Texas Coordinate System, North Zone 4202, North American Datum of 1983; (2) THENCE South 00 degrees 39 minutes 57 seconds West a distance of 30.00 feet to a point in the existing north right-of-way line of 241h Street to a point for the south common corner of said parent tract and said Francisco and Beatriz Chavez tract, 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 241h Street, a distance of 157.50 feet to a point in the east right-of-way line of said Milwaukee Street for the southwest corner of said parent tract and this dedication; Texas Registered Surveying Firm # 10194091 Page I of 3 406 Exhibit "A" S(4) THENCE North 00 degrees 39 minutes 57 seconds East, along the west line of said parent tract and the east line of said Milwaukee Street, 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 24"' 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 S Samuel Wyatt, u L.S. 6453 Page 2 of 3 OF 64a3 'L '5V' 6 otio 1 1 I i i I I I I I I I i I I I I I^I W NOT PLATTED O I W~ I I NOT PUTTED I GRANTEE. FRANCISCO AND BEATRIZ CHAVEZ LU Y I > i GRANTEE: MARTIN a SANDRA I CHAVEZ I CCFN 2015-000058 I CCFN 2018-000579 jc4, i VOL. 1011, PG. 3310 NORTHING1.500,195.05 NG:7,500,193.22 EASTING:995,0W 40 I I IG:995,207.88 POINT OF I BEGINNING I I I I I — �� — 1 S 89'20'03' E 157.50' ID R-O-W LINE :30.W ' AREA4,725S.F. (0.108 ACRES) N 89'20'03" W 157.50' R-O-W LINESOUTH LINE OF SECTION 38, BLOCK JK-2 g,N 00'39'57'E NORTH LINE OF SECTION 39, SL K JK-2 W J00°' 24TH STREET w i-------T--------T--- i I I I LuLU I I I I I I � I i � I A 30-FOOT RIGHT-OF-WAY DEDICATION IN AN UNPLATTED TRACT OF LAND IN THE CITY OF PLAINVIEW, LT SECTION 38, BLOCK JK-2 D HALE COUNTY TEXAS PARENT TRACT: VOLUME 1011, PAGE 3310 OFFICIAL PUBLIC RECORDS OF HALE COUNTY, TEXAS I I I I � I I � I Idol in Cr ►09 10I IZ En I X R. Lu IJ¢I I �I I I I i I I 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. SCALE: i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fter Recording Return 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 Effective Date: wa/ch 8, 2020 Grantor: Francisco Javier Chavez & Beatriz Chavez Grantor's Mailing Address: Grantee: City of Plainview, Texas Grantee's Mailing Address: Consideration: 1210 W 24th 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 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 include, 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 1 of 4 1 1 1 e 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 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. Resen-ation 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 ofGrantee. 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 to authorize 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 forthe 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 appurtenances 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, hige2 t4 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 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 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: By r��-t �_._. /� - i STATE OF TEXAS COUNTY OF HALE This instrument was acknowledged before meQn the 90 *4 day of' yL rc h 2020, by fiamrisc�' e. o ve7_ . 4ge'Liz�z e JUDY RASHERNOTARY PUBLICSTATE of TEXAS ID 0 12909493-2 My Comm. Expkea 0&20-2020 Page 3 of J 1 1 1 411 1 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 /214 day of AD6 / 2020, by Wendell Dunlap, Mayor of the City of Plainview, T xas o NOTARY PUBLIC behalf of the ity of Plainview. iY PG BENotary Public, State of T as * STATE OF TEXAS N�9jF OF tE+P' ID # 644426-1 MY Comm. Expires 04-28-2021 Page 4 of 4 412 Exhibit "A" PARKHILLSMITHBCOOPER 30-FOOT WIDE RIGHT-OF-WAY DEDICATION IN AN UNPLATTED TRACT OF LAND IN THE CITY OF PLAINVIEW, SECTION 38, BLOCK JK-2, HALE COUNTY, TEXAS 4222 85th Street Lubbock, Texas 79423 806.473,2200 A 30-foot wide right-of-way dedication in the City of Plainview, Hale County, Texas, situated in an unplatted tract of land conveyed to Francisco and Beatriz Chavez, described in a warranty deed with vendor's lien recorded in County Clerk's File Number 2015-000058 of the Official Public Records of Hale County, Texas, said right-of-way dedication contains 0.129 acres (5,619 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 a tract of land conveyed to Martin and Sandra Chavez, described in a warranty deed with vendor's lien recorded in Volume 1011, Page 3310 of the Official Public Records of Hale County, Texas, for the northwest corner of this dedication, said beginning point having coordinates of NORTHING: 7,500,193.22 and EASTING: 995,207.88, Texas Coordinate System, North Central Zone 4202, North American Datum of 1983, whence the southwest comer 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 1717.52 feet; (1) THENCE South 89 degrees 20 minutes 03 seconds East a distance of 187.27 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 and the west right-of-way line of Lexington Street shown on an unrecorded plat of Coronado Addition, Lot 2, for the northeast corner of this dedication, said point having coordinates of NORTHING: 7,500,191.05 and EASTING: 995,395.12, Texas Coordinate System, North Central Zone 4202, North American Datum of 1983; (2) THENCE South 00 degrees 41 minutes 07 seconds West, along the west right-of-way line of said Lexington Street, a distance of 30.00 feet to a point in the existing north right-of-way line of 24'h Street for the southeast corner of said parent tract and this dedication; (3) THENCE North 89 degrees 20 minutes 03 seconds West, along the existing north right-of-way line of said 241h Street, a distance of 187.26 feet to a point for the south common corner of said parent tract and said Martin and Sandra Chavez tract, for the southwest corner of this dedication; Texas Registered Surveying Firm # 10194091 Pagel of 3 Exhibit "A" 413 (4) THENCE North 00 degrees 39 minutes 57 seconds East, along the common line of said parent tract and said Martin and Sandra Chavez tract, 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 241h 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.L.S. 6453 Page 2 of 3 Sel , vaX M. NOT PLATTED GRANTEE: MARTIN 8 SANDRA CHAVEZ VOL, 1011. PG. 3310 NORTHING:7.500,193.22 EASTING:995,207.88 POINT OF BE PROPOSED R-O-W LINE - t EXISTING R•O W LINE NOT PLATTED GRANTEE: FRANCISCO AND BEATRIZ CHAVEZ CCFN 2015.000058 S 89.20'03' E 187.2r AREA 5,619 S.F. (0.129 ACRES) N 89'20'03' W 187.26' SOUTH LINE OF SECTION 38, BLOCK JK-2 I� I A 30-FOOT WIDE RIGHT-OF-WAY DEDICATION IN AN UNPLATTED TRACT OF LAND IN THE CITY OF PLAINVIEW, SECTION 38, BLOCK JK-2, HALE COUNTY TEXAS PARENT TRACT: COUNTY CLERK'S FILE NUMBER 2015-000058 OFFICIAL PUBLIC RECORDS OF HALE COUNTY, TEXAS NORTH I NG:7, 500,191.05 EASTING:995,395.12 SCALE '• _ +on' O = SET 112- IRON ROD WITH CAP'PSC RPLS 6453-. 0 100' 200' NORTH SURVEYOR'S REPORT. m x CT BEARINGS AND COORDINATES SHOWN ON THIS SURVEY ARE BASED ON THE TEXAS COORDINATE SYSTEM, TXNC ZONE 4202, 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 THIS 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 UNLESS IT BEARS THE SURVEYORS ORIGINAL SEAL AND SIGNATURE. THIS PLAT WAS PREPARED FROM AN ACTUAL SURVEY OF THE PROPERTY AND THE INFORMATION HEREON REPRESENTTIRE FINDINGS OF THIS SURVEY TO THE BEST OF MY KNOWLEDGE Allf� r N oo•39— E 24TH STREET S w'41ror w , — — r — — LV OF 30 00. SURVEYED: �O 30.00* FEBRUARY 24, 2020 I I I I I I I I I I 8AMuF-L �YA7T • i I I I I I I I I I I I I I I I I I I I SAMUEL WYATT SSid R.P.L.S. 6453 I I i I i PAGE 3 OF 3 (SEE PAGES I d 2 FOR A FULL METES AND BOUNDS DESCRIPTION) NOTE. MONUMENTS SET WITH THIS SURVEY ARE BASED ON A PREVIOUSLY ESTABLISHED SURVEY OF SECTION 35, BLOCK JK-2 d 24TH STREET RIGHT-OF-WAY LINES Py ds 415 1 11 After 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 Effective Date: 1 " (Arc 1r--, ' Q , 2020 Grantor: Maria Juarez Grantor's Mailing Address: Grantee: City of Plainview, Texas Grantee's Mailing Address: Consideration: 1004 W 24th 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 Erhihit "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 include, 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 4 416 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 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. Resen•ation 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 to authorize 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 appurtenances and devices used for the transmission and provision of telecommunications service. Water, Stormwaler, Sewer Utilities. Constructing, excavating, installing, maintaining, altering, replacing, repairing, relocating and operating distribution and collections lines, Page 2 of 4 417 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 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 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: 1 By: STATE OF TEXAS COUNTY OF HALE This instrument was acknowledged before me on the � day of 1 I Gt r c V) 2020, by Nlr^ r , o, a C, r -t '� ,Itrr On behaifef-- E # SO# 30.12 Page PA I Notary ublic, Stat o exas 3 of d I • • ACCEPTED BY GRANTEE: CITY OF PLAINVIEW, TEXAS Wendell Dunlap, Mayor STATE OF TEXAS COUNTY OF PLAINVIEW This instrument was acknowledged before me on the 14101t^ day, of 2020, by Wendell Dunlap, Mayor of the City of Plainview, Texas on behalf of the ty, of Plainvic�%. &w' #' z ar P(J BELINDA HINOJOSA Notary Public, State of Texau 2 P e NOTARY PUBLIC STATE OF TEXAS sl Py ID # 644426-1 s of h+ My Comm Expires 04-28-2021 Page 4 of 4 1 1 Exhibit "A" 1 PARKHILLSMITHBCOOPER 32-FOOT WIDE RIGHT-OF-WAY DEDICATION IN THE EAST 88' OF LOT 8, BLOCK 1, SHEPARD AND COUCH SUBDIVISION, AN ADDITION TO THE CITY OF PLAIVNIEW, HALE COUNTY, TEXAS 4222 85th Street Lubbock Texas 79423 806.473.2200 A 32-foot wide right-of-way dedication in the east-88 feet of Lot 8, Block 1, Shepard and Couch Subdivision, an addition to the City of Plainview, Hale County, Texas, according to the map, plat and/or dedication deed thereof recorded in Volume 395, Page 545 of the Deed Records of Hale County, Texas, said right-of-way dedication contains 0.065 acres (2,816 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 east-88 feet of Lot 8 for the northwest corner of this dedication, said beginning point having coordinates of NORTHING: 7,500,183.32 and EASTING: 996,231.61, Texas Coordinate System, North Central Zone 4202, North American Datum of 1983, whence the southwest corner of Section 38, Block JK-2 bears South 00 degrees 39 minutes 57 seconds West a distance of 62.00 feet and North 89 degrees 20 minutes 03 seconds West a distance of 2741.38 feet; (1) THENCE South 89 degrees 20 minutes 03 seconds East a distance of 88.01 feet to a 1/2-inch iron rod with a plastic cap marked "PSC RPLS 6453" set in the east line of the east 88-feet of said Lot 8 for the northeast corner of this dedication, said point having coordinates of NORTHING: 7,500,182.30 and EASTING: 996,319.60, Texas Coordinate System, North Central Zone 4202, North American Datum of 1983; (2) THENCE South 00 degrees 39 minutes 57 seconds West a distance of 32.00 feet to a point in the existing north right-of-way line of 241 Street for the southeast corner of the east 88-feet of said Lot 8 and 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 241h Street, a distance of 88.01 feet to a point for the southwest corner of the east 88- feet of said Lot 8 and this dedication; Page I of 3 Texas Registered Surveying Firm # 10194091 420 Exhibit "A" (4) THENCE North 00 degrees 39 minutes 57 seconds East, along the west line of the east 88- feet said Lot 8, a distance of 32.00 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 241' 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. Samuel Wyatt, Page 2 of 3 '-4 1 A 32'-WIDE RIGHT-OF-WAY DEDICATION IN THE EAST 88' OF LOT 8, BLOCK 1, SHEPARD AND COUCH SUBDIVISION, X AN ADDITION TO THE CITY OF PLAINVIEW, D HALE COUNTY TEXAS PLAT: VOLUME 395, PAGE 545 OFFICIAL PUBLIC RECORDS OF HALE COUNTY, TEXAS SCALE: 1' = 100' O = SET 11r IRON ROD WITH CAP -PSC RPLS 6453-, 0 100' 200' o NORTH ZZ SURVEYOR'S REPORT. ui w O BEARINGS AND COORDINATES SHOWN ON THIS SURVEY ARE BASED ON THE TEXAS COORDINATE SYSTEM, TXNC ZONE 4202. NAD'83. V) a = I DISTANCES REPORTED HEREON ARE AT SURFACE. j— ,3t AREAS REPORTED HEREON ARE BASED ON CALCULATIONS MADE AT SURFACE LU Y 0 I LOT 9 d WEST T I I I I I DISTANCES. Oin U S I OF LOT 8 I ! EAST 8g' OF LOT 8 I I I THIS SURVEY IS SUBJECT TO ANY FACTS WHICH MAY BE DISCLOSED BY A FULL AND C a I I I RECORD OWNER: ! I ACCURATE TITLE SEARCH. RECORD DOCUMENTS OTHER THAN THOSE SHOWN MAY _ I I MARIA JUAREZ I LOTS 6 6 7 I AFFECT THIS TRACT. D MONUMENTS INDICATED AS FOUND BY THIS SURVEY ARE NOT -PHYSICAL NORTHING:7,500,183.32 I I I NORTHING.7,500,182.30 I MONUMENTS OF RECORD DIGNITY UNLESS SO NOTED. EASTING:996,231.61 EASTING:996,319.60 I FOUND MONUMENTS ARE ACCEPTED BY THIS SURVEYOR AS CONTROLLING EVIDENCE II ! BEGIINING I S 89.20'03' E 88.01' I S 00'39'5T W I DUE TO SUBSTANTIAL AGREEMENT WITH RECORD DOCUMENTS. 32-W PROPOSED R-O-J LINE THIS PLAT IS INVALID UNLESS IT BEARS THE SURVEYOR'S ORIGINAL SEAL AND AREA 2,816 S.F_ SIGNATURE. (0.065 ACRES) I I _ L —I L THIS PLAT WAS I - PROPERTY AND THEARED ORMATTIION M AN HEREOACTUAL N REPRESENT OF THE INDINGS N 00.39'S7' E N B9'20'03' W 88.01' EXISTING R-O-W LINE 32 00' OF THIS SURVEY TO THE BEST OF MY KNOWLEDG SOUTH LINE OF SECTION 38, BLOCK JK-2 7P py NORTH24TH STREET LOCK K JK-2 FEBR ARY 24. 2020 yIST t—' I w ! I I I \ EL ATT 6453 LU I i �Essl I -J I I I R "L 5 6453 I p I I ! PAGE 3 OF 3 (SEE PAGES 1 8 2 FOR A FULL METES AND BOUNDS DESCRIPTION) NOTE: MONUMENTS SET WITH THIS SURVEY ARE BASED ON A PREVIOUSLY ESTABLISHED SURVEY OF SECTION 35, BLOCK JK-2 S 24TH STREET RIGHT-OF-WAY LINES. 422 After Recording Return I 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 Effective Date: 1 \ (S,5 , 2020 Grantor: Victor Hugo Rodriguez & Rosalinda Vasquez Grantor's Mailing Address: Grantee: City of Plainview, Texas Grantee's Mailing Address: Consideration: 1002 W 24th 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 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 include, 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 1 1 1 423 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 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 tragic, 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 ofGrantee. 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 to authorize 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, storrnwater, 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, crossarrns, 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 appurtenances and devices used for the transmission and provision of telecommunications service. Water, Storiuwater, Sewer Utilities. Constructing, excavating, installing, maintaining, altering, replacing, repairing, relocating and operating distribution and collections lines, Page 2 of 4 ME 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 the right (I) 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 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 This instrument was acknowledged before e on the �� day of 1�' lG (�C h , 2020, by R n -" I I n A is C�scT ,> on behalf of Notary ublic, State of Texas KASSI RA E y NOTARY PVC EY ID T13163984 TMy Corm �o'es 07Page 3 of J 12-2022 425 1 ACCEPTED BY GRANTEE: CITY OF PLAINVIEW, TEXAS By:Viol Wendell Dunlap, Mayor STATE OF TEXAS COUNTY OF PLAINVIEW This instrument was acknowledged before me on the # day of Y, __ 2020, by Wendell Dunlap, Mayor of the City of Plainview, Texas on behalf of the 6ty of Plainview. Y P 6 BELINDA HINOJOSA NOTARY PUBLIC ,t STATE OF TEXAS sr ss"VV Q., ID # 644426-1 " or �+ My Comm Expires 04-28-2021 Notary Public, State of Te. I'age 4 of 4 426 Exhibit "A" PARKHILLSMITH&COOPER In 32-FOOT WIDE RIGHT-OF-WAY DEDICATION IN LOTS 6 & 7, BLOCK 1, SHEPARD AND COUCH SUBDIVISION, AN ADDITION TO THE CITY OF PLAIVNIEW, HALE COUNTY, TEXAS 4222 85th Street Lubbock, Texas 79423 806.473.2200 A 32-foot wide right-of-way dedication in Lots 6 & 7, Block 1, Shepard and Couch Subdivision, an addition to the City of Plainview, Hale County, Texas, according to the map, plat and/or dedication deed thereof recorded in Volume 395, Page 545 of the Deed Records of Hale County, Texas, said right-of-way dedication contains 0.108 acres (4,686 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 Lot 7 for the northwest corner of this dedication, said beginning point having coordinates of NORTHING: 7,500,182.30 and EASTING: 996,319.60, Texas Coordinate System, North Central Zone 4202, North American Datum of 1983, whence the southwest corner of Section 38, Block JK-2 bears South 00 degrees 39 minutes 57 seconds West a distance of 62.00 feet and North 89 degrees 20 minutes 03 seconds West a distance of 2829.39 feet; (1) THENCE South 89 degrees 20 minutes 03 seconds East a distance of 146.43 feet to a 1/2- inch iron rod with a plastic cap marked "PSC RPLS 6453" set in the east line of said Lot 6 for the northeast corner of this dedication, said point having coordinates of NORTHING: 7,500,180.60 and EASTING: 996,466.01, Texas Coordinate System, North Central Zone 4202, North American Datum of 1983; (2) THENCE South 00 degrees 39 minutes 57 seconds West a distance of 32.00 feet to a point in the existing north right-of-way line of 241�1 Street for the southeast corner of said Lot 6 and 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 241" Street, a distance of 146.43 feet to a point for the southwest corner of said Lot 7 and this dedication; Texas Registered Surveying Firm # 10194091 Page 1 of 3 Exhibit "A" 427 (4) THENCE North 00 degrees 39 minutes 57 seconds East, along the west line of said Lot 7, a distance of 32.00 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 241 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 0V0 ......o . 6453 Cy° ss� '�D gBp Samuel Wyatt, .P.L.S. 6453 Page 2 of 3 0 II I II , I LOTS6&7 I EAST 88' OF LOT 8 I RECORD OWNER: VICTOR RI DRIGUEZ NORTWNO:7500,182.30 I EASTINCIZ,319.60 I I PONT OF I BEGINING I S 89-20'03- E 146 43' I AREA 4,686 S.F. (0.108 ACRES) N 00'39157- E N 89.20'03' W 146 43' 32.00' SOUTH LINE OF SECTION 38. BLOCK JK-2 A 32'-WIDE RIGHT-OF-WAY DEDICATION IN LOTS 6 & 7, BLOCK 1, SHEPARD AND COUCH SUBDIVISION, X AN ADDITION TO THE CITY OF PLAINVIEW, D HALE COUNTY TEXAS PLAT: VOLUME 395, PAGE 545 OFFICIAL PUBLIC RECORDS OF HALE COUNTY, TEXAS SCALE '" = 100' O =SET 12' IRON ROD WITH CAP'PSC RPLS 6453'. 0 100' 200' NORTH NORTHING : 7 , 500.180.60 EASTING:996,466.01 PROPOSED R-O-W LINE � - EXISTING R-0-4Y LINE \ S 00'39'S7' W 24TH STREET r---------I F--------- w- - - - - - - - I ILLI W I I I I I ui I 0 I I I I w I I I I I o I I I I I LU I I I I I aLLJ I I I I i o I Z NOTE: MONUMENTS SET WITH THIS SURVEY ARE BASED ON A PREVIOUSLY ESTABLISHED SURVEY OF SECTION 35, BLOCK JK-2 & 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 4202. 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 THIS 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 UNLESS IT BEARS THE SURVEYORS ORIGINAL SEAL AND SIGNATURE. THIS PLAT WAS PREPARED FROM AN ACTUAL SURVEY OF THE '+ PROPERTY AND THE INFORMATION HEREON REPRESENTS THE FINDINGS OF THIS SURVEY TO THE B SURVEYED: FEBRUARY 24, 2020 1-� SAMUEL WYATT R.P.L.S. 6463 PAGE 3 OF 3 (SEE PAGES 1 6 2 FOR A FULL METES AND BOUNDS DESCRIPTION) v P 429 1 1 77 Lj After Recording Return 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 Effective Date: c4,, 2020 Grantor: Doug Biackerby Grantor's Mailing Address: Grantee: City of Plainview, Texas Grantee's Mailing Address: Consideration: 2403 Houston 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 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 include, 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 4 430 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 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. Ri¢ht 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 to authorize 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. Naturtd Gtcv 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 appurtenances and devices used for the transmission and provision of telecommunications service. Water, Stonmvater, Sewer Utilities. Constructing, excavating, installing, maintaining. altering, replacing, repairing, relocating and operating distribution and collections lines, Page 2of4 431 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. Genera/. 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 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: 1 By: STATE OF TEXAS COUNTY OF HALE This instrumen was acknowledged before me on the �� day of 27A, c _ 2020, by the r�r .✓Aar- A behalf of emy JUDY RASHER NOTARY PUBLICSTATE OF TEXASID 0 12909493-2 Comm. Expkts 0&20-2020 Page 3 of -I o ryubl c, ate exas 432 ACCEPTED BY GRANTEE: CITY OF PLAINVIEW, TEXAS By: a�lz 4114� Wendell Dunlap, Mayor STATE OF TEXAS COUNTY OF PLAINVIEW § This instrument was acknowledged before me on the /4 day of APr' r 2020, by Wendell Dunlap, Mayor of the City of Plainview, Texas on behalf of the City of Plainview. MP EBELINDA:HINOMM], Notary Public, State ofTeNOTARBLICSTATE XASID 0 66-1 Comm,4-2e-2 Page 4 of 4 1 1 Exhibit "A" 433 1 PARKHILLSMITH&COOPER 32-FOOT WIDE RIGHT-OF-WAY DEDICATION IN LOTS 1 & 2, BLOCK 1, SHEPARD AND COUCH SUBDIVISION, AN ADDITION TO THE CITY OF PLAIVNIEW, HALE COUNTY, TEXAS 4222 85th Street Lubbock Texas 79423 806.473.2200 A 32-foot wide right-of-way dedication in Lots 1 & 2, Block 1, Shepard and Couch Subdivision, an addition to the City of Plainview, Hale County, Texas, according to the map, plat and/or dedication deed thereof recorded in Volume 395, Page 545 of the Deed Records of Hale County, Texas, said right-of-way dedication contains 0.095 acres (4,130 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 Lot 2 for the northwest corner of this dedication, said beginning point having coordinates of NORTHING: 7,500,178.67 and EASTING: 996,631.38, Texas Coordinate System, North Central Zone 4202, North American Datum of 1983, whence the southwest corner of Section 38, Block JK-2 bears South 00 degrees 39 minutes 57 seconds West a distance of 62.00 feet and North 89 degrees 20 minutes 03 seconds West a distance of 3141.22 feet; (1) THENCE South 89 degrees 20 minutes 03 seconds East a distance of 129.08 feet to a 1/2- inch iron rod with a plastic cap marked "PSC RPLS 6453" set in the east line of said Lot 1 and the west right-of-way line of Houston Street, dedicated by instruments recorded in Volume 395, Page 545 and Volume 336, Page 515, for the northeast corner of this dedication, said point having coordinates of NORTHING: 7,500,177.17 and EASTING: 996,760.44, Texas Coordinate System, North Central Zone 4202, North American Datum of 1983; (2) THENCE South 00 degrees 39 minutes 57 seconds West, along the west right-of-way line of said Houston Street, a distance of 32.00 feet to a point in the existing north right-of-way line of 2411 Street for the southeast corner of said Lot 1 and 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 241' Street, a distance of 129.07 feet to a point for the southwest corner of said Lot 2 and this dedication; Page 1 of 3 Texas Registered Surveying Firm # 10194091 434 Exhibit "A" (4) THENCE North 00 degrees 41 minutes 07 seconds East, along the west line of said Lot 2, a distance of 32.00 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 241h 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. Samuel Wyatt, Page 2 of 3 'o3Az I 1 I i I I LOTS 3, 4 b 5 I I I NORTHING:7,500,178.67 EASTING..VN,631.38 PONT OF PROPOSED R-O-W LINE BEGINING I I I m N 00'3957' E 32.00' - I I LOTS 1b 2 RECORD OWNER DOUG BLACKERBY i i I S 89-20'03- E 129.08' AREA: 4.130 S.F (0.095 ACRES) N 89'20'03' W 129.OT NE OF SECTION 38. 9 JK-2 A 32'-WIDE RIGHT-OF-WAY DEDICATION IN LOTS 1 & 2, BLOCK 1, SHEPARD AND COUCH SUBDIVISION, X AN ADDITION TO THE CITY OF PLAINVIEW, D HALE COUNTY TEXAS PLAT: VOLUME 395, PAGE 545 OFFICIAL PUBLIC RECORDS OF HALE COUNTY, TEXAS SCALE: t • - 100' y� O =SET 12' IRON ROD WITH CAP'PSC RPLS 6453' 0 100' 200' NORTH SURVEYOR'S REPORT. BEARINGS AND COORDINATES SHOWN ON THIS SURVEY ARE BASED ON THE TEXAS 1 COORDINATE SYSTEM. TXNC ZONE 4202, NAD13. t DISTANCES REPORTED HEREON ARE AT SURFACE. I AREAS REPORTED HEREON ARE BASED ON CALCULATIONS MADE AT SURFACE DISTANCES. NORTH IN G.7,500.177.17 EASTING:996,760.44 I I I I I I S 00'41'07- W 32.00' _ — 24TH STREET —� w r--------7 F----------� I w I I I I I I U) I I I I I I I I I I w I I I I I Z I I I I I I w I I I I I LU I I I I LU I I I I I Z I I I I I I NOTE MONUMENTS SET WITH THIS SURVEY ARE BASED ON A PREVIOUSLY ESTABLISHED SURVEY OF SECTION 35. BLOCK JK-2 b 24TH STREET RIGHT-OF-WAY LINES. 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 THIS 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 UNLESS IT BEARS THE SURVEYOR'S ORIGINAL SEAL AND SIGNATURE. THIS PLAT WAS PREPARED FROM AN ACTUAL SURVEY OF THE PROPERTY AND THE INFORMATION HEREON F OF THIS SURVEY TO THE BEST OF MY KNOWLI SURVEYED: FEBRUARY 24, 2020 SAMUEL WYAT? R.P.L.S. 6453 PAGE 3 OF 3 (SEE PAGES 1 6 2 FOR A FULL METES AND BOUNDS DESCRIPTION) PARKHILL SMITH & COOPER TSPELS FIRM REGISTRATION NO. 10194091 4222 85TH STREET LUBBOCK, TX. 79423 806.473.2200 i 436 After Recording Return 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 Effective Date: rZE, 2020 Grantor: Doug Blackerby & nnie Leann Blackerby Grantor's Mailing Address: Grantee: City of Plainview, Texas Grantee's Mailing Address: Consideration: 802 & 804 W 24th 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 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 include, 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 1 of 4 7 1 0 437 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 nins 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 to authorize 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, crossanns, 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 appurtenances 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, f'lage 2 of 4 9 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 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 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: By: � STATE OF TEXAS § COUNTY OF HALE This instrument was acknowledged before mg on the /8 t� day of rl_ 2020, by ` T� Y P JUICY RASHER NOTARY PUBLIC # STATE OF TEXAS tg&ryu Ic, Ze 7Texas s, �y ID a 12900493.2 My. Comm Expires 0&20-2020 Page 3 of 4 FA • 1 ACCEPTED BY GRANTEE: CITY OF PLAINVIEW, TEXAS By: Zz 41 Wendell Dunlap, Mayor STATE OF TEXAS COUNTY OF PLAINVIEW § , r This instrument was acknowledged before me on the day of Ori 1 2020, by Wendell Dunlap, Mayor of the City of Plainview, T s on behalf of the Ci of Plainview. emy BELINDA HINOJOSANOTARY PUBLICSTATE OF TEXAS Notary Public, State ofT sIp # 644426-1 Comm. Expires 04.28-2021 Page 4 of 4 440 Exhibit "A" PARKHILLSMITH&COOPER In 20-FOOT WIDE RIGHT-OF-WAY DEDICATION IN LOT 9 & THE WEST 55' OF LOT 8, BLOCK 1, TITUS AND PILLOW SUBDIVISION, AN ADDITION TO THE CITY OF PLAIVNIEW, HALE COUNTY, TEXAS 4222 85th Street Lubbock Texas 79423 806.473.2200 A 20-foot wide right-of-way dedication in Lot 9 and the west 55-feet of Lot 8, Block 1, Titus and Pillow Subdivision, an addition to the City of Plainview, Hale County, Texas, according to the map, plat and/or dedication deed thereof recorded in Volume 336, Page 515 of the Deed Records of Hale County, Texas, said right-of-way dedication contains 0.064 acres (2,768 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 Lot 9, in the east right-of-way line of Houston Street, dedicated with said plat of Titus and Pillow Subdivision and an instrument recorded in Volume 395, Page 545, for the northwest corner of this dedication, said beginning point having coordinates of NORTHING: 7,500,164.48 and EASTING: 996,820.29, Texas Coordinate System, North Central Zone 4202, North American Datum of 1983, whence the southwest corner of Section 38, Block JK-2 bears South 00 degrees 39 minutes 57 seconds West a distance of 50.00 feet and North 89 degrees 20 minutes 03 seconds West a distance of 3330.29 feet; (1) THENCE South 89 degrees 20 minutes 03 seconds East a distance of 138.36 feet to a 1/2- inch iron rod with a plastic cap marked "PSC RPLS 6453" set in the east line of the west 55-feet of said Lot 8 for the northeast corner of this dedication, said point having coordinates of NORTHING: 7,500,162.87 and EASTING: 996,958.63, Texas Coordinate System, North Central Zone 4202, North American Datum of 1983; (2) THENCE South 00 degrees 39 minutes 57 seconds West a distance of 20.00 feet to a point in the existing north right-of-way line of 241' Street for the southeast corner of the west 55-feet of said Lot 8 and 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 241h Street, a distance of 138.37 feet to a point in the east right-of-way line of said Houston Street, for the southwest corner of said Lot 9 and this dedication; Texas Registered Surveying Firm # 10194091 Page) of 3 Exhibit "A" 1 (4) THENCE North 00 degrees 41 minutes 07 seconds East, along east right-of-way line of said Houston Street and the west line of said Lot 9, a distance of 20.00 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 o, 5 881d�' Samuel Wyatt, R.P .S. 6453 Page 2 of 3 0 NORTHING:7,500,164.48 EASTING:996,B20.29 PONT OF PROPOSED R-O-W LINE I I ( I -� E UM'1''fA-r W-LINE -� N 00.41Or E 20.00' Cm 1 W - K m I o W 0Y I m �m 00 O n cr I ituoj cc I AREA 2,768 S.F I (0.064 ACRES) \ I S 89'20'03' E 138.36' 1 N 89'20'03' W 138.37' NE OF SECTION 38. B 24TH STREET NORTHING .7,5W.162.87 ! EASTING:9%,958.63 I SOUTH 80' OF LOT 7 AND SOUTH 80' OF EAST 30' I OF LOT 8 S 00'39'Sr W 2 20.00� -----�----------- w F - - - - - - - - - I I I LU I I I I v~i I I I i z I I I I O I I I (~n I I I I Oz I i I I I I I I I I I I I I I 1 I i I I I A 20'-WIDE RIGHT-OF-WAY DEDICATION IN LOT 9 & THE WEST 55' OF LOT 8, BLOCK 1, TITUS AND PILLOW SUBDIVISION, m NOTE: MONUMENTS SET WITH THIS SURVEY ARE BASED ON A PREVIOUSLY ESTABLISHED SURVEY OF SECTION 35. BLOCK JK-2 d 24TH STREET RIGHT-OF-WAY LINES. AN ADDITION TO THE CITY OF PLAINVIEW, HALE COUNTY TEXAS PLAT: VOLUME 336, PAGE 515, OFFICIAL PUBLIC RECORDS OF HALE COUNTY, TEXAS SCALE. 1- _ '00' NORTH C = SET 1!2' IRON ROD WITH CAP -PSC RPLS 6453-. SURVEYORS REPORT: BEARINGS AND COORDINATES SHOWN ON THIS SURVEY ARE BASED ON THE TEXAS COORDINATE SYSTEM, TXNC ZONE 4202. 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 THIS 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 UNLESS IT 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 FINDINGS OF THIS SURVEY TO THE BES' SURVEYED: FEBRUARY 24. 2020 SAMUEL WYATT R.P.L.S.6453 PAGE 3 OF 3 (SEE PAGES 1 d 2 FOR A FULL METES AND BOUNDS DESCRIPTION) os-oL 443 After Recording Return 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 Effective Date: ///arC.� _ .2020 Grantor: Sarah Henderson Grantor's Mailing Address: Grantee: City of Plainview, Texas 2400 Galveston Plainview, Hale County Texas 79072 Grantee's Mailing Address: 901 Broadway Plainview, Hale County, Texas 79072 Consideration: 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 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 include, 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 A Terms and Conditions: General: The following terns and conditions apply to the Easement granted by this agreement: Character of Easement. 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 to authorize 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 appurtenances and devices used for the transmission and provision of telecommunications service. Water, Stornnvater, Sewer Utilities. Constructing, excavating, installing, maintaining, altering, replacing, repairing, relocating and operating distribution and collections lines, Page 2 of 4 445 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 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 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: By: STATE OF TEXAS COUNTY OF HALE This instrument was acknowledged before me on the zy day of Q'e 2020, by &tr/ t.v�Gr9�! : the on behalf of em JUOY RASHER NOTARY PUBLIC STATE OF TEXAS to 0 12909493-2 y Comm. Expkes 08-20-2020 Page 3 of 4 a u is late Texas ACCEPTED BY GRANTEE: CITY OF PLAINVIEW, TEXAS By: / Z / 1 Wendell Dunlap, Mayor STATE OF TEXAS § COUNTY OF PLAINVIEW § This instrument was acknowledged before me on the N't day of A 2020, by Wendell Dunlap, Mayor of the City of Plainview, Texas on behalf of the City of Plainview. At j A. BELINDA HINOJOSA NOTARY PUBLIC Notary Public, State of T s * STATE OF TEXAS ���� ID # 644426-1 MY Comm. Expires 04-28-2021 Page 4 of 4 1 Exhibit "A" 447 PARKHILLSMITH&COOPER 4222 85th Street Lubbock, Texas 79423 806.473, 2200 20-FOOT WIDE RIGHT-OF-WAY DEDICATION IN THE SOUTH 80-FEET OF LOT 9 & THE WEST 45' OF LOT 8, BLOCK 2, TITUS AND PILLOW SUBDIVISION, AN ADDITION TO THE CITY OF PLAIVNIEW, HALE COUNTY, TEXAS A 20-foot wide right-of-way dedication in the south 80-feet of Lot 9 and the west 45-feet of Lot 8, Block 2, Titus and Pillow Subdivision, an addition to the City of Plainview, Hale County, Texas, according to the map, plat and/or dedication deed thereof recorded in Volume 336, Page 515 of the Deed Records of Hale County, Texas, said right-of-way dedication contains 0.054 acres (2,371 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 Lot 9, in the east right-of-way line of Galveston Street, dedicated with said plat of Titus and Pillow Subdivision, for the northwest corner of this dedication, said beginning point having coordinates of NORTHING: 7,500,160.59 and EASTING: 997,155.24, Texas Coordinate System, North Central Zone 4202, North American Datum of 1983, whence the southwest corner of Section 38, Block JK-2 bears South 00 degrees 39 minutes 57 seconds West a distance of 50.00 feet and North 89 degrees 20 minutes 03 seconds West a distance of 3665.29 feet; (1) THENCE South 89 degrees 20 minutes 03 seconds East a distance of 118.53 feet to a 1/2- inch iron rod with a plastic cap marked "PSC RPLS 6453" set in the east line of the west 45-feet of said Lot 8 for the northeast corner of this dedication, said point having coordinates of NORTHING: 7,500,159.21 and EASTING: 997,273.75, Texas Coordinate System, North Central Zone 4202, North American Datum of 1983; (2) THENCE South 00 degrees 39 minutes 57 seconds West a distance of 20.00 feet to a point in the existing north right-of-way line of 2411 Street for the southeast corner of the west 45-feet of said Lot 8, and 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 241 Street, a distance of 118.54 feet to a point in the east right-of-way line of said Galveston Street, for the southwest corner of said Lot 9 and this dedication; Texas Registered Surveying Firm # 10194091 Page 1 of 3 Exhibit "A" (4) THENCE North 00 degrees 41 minutes 07 seconds East, along east right-of-way line of said Galveston Street and the west line of said Lot 9, a distance of 20.00 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 241, 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 S Samuel Wyatt, . L. S. 6453 °F.4h' it,5'r_' o'S'aq' Page 2 of 3 1 1 SCALE: 1" - 100' O - SET 1/P IRON ROD WITH CAP -PSC RPLS 6453' 0 100' 200' I I I I I I � I I I I I I I I Lu „ I 1 Z 08 1 F-, W Y I SOUTH 80' OF LOT 9 AND J In SOUTH W OF WEST 45' Q I I OF LOT 8 0 RECORD OWNER: J NORTHING:7.500,160.59 I ESTEVAN 6 LORAINE EASTING:997,155.21 LUJAN PONT OF AREA 2.371 S.F. I ( (0.064 ACRES) BEGINING S 891; 03' E A t 8.53' N 00*41*07' E N 89'2(703' W 118.54' _ 20.00 SOUTH LINE OF SECTION 38. BLOCK . 24TH STREET — — — — — — I I I I I I I I I I I I I I I I I I I I � I Lu Lu H U7 Z O Lu NORTH LOT 7 8. FAST 30' OF LOT 8 NORTHING: 7,500,15911 EASTING:997.273.75 PROPOSED R-O-W LINE _—I------ \ EXISTING R-O-W LINE S 00.39'Sr W 28.00' I I I I I I I I I I I I I I I I I I A 20'-WIDE RIGHT-OF-WAY DEDICATION IN THE SOUTH 80-FEET OF m LOT 9 & THE WEST 45' OF LOT 8, BLOCK 2, TITUS AND PILLOW SUBDIVISION, D AN ADDITION TO THE CITY OF PLAINVIEW, HALE COUNTY TEXAS PLAT: VOLUME 336, PAGE 515, I OFFICIAL PUBLIC RECORDS OF HALE COUNTY, TEXAS I SURVEYOR'S REPORT. W " uj BEARINGS AND COORDINATES SHOWN ON THIS SURVEY ARE BASED ON THE TEXAS COORDINATE SYSTEM, TXNC ZONE 4202, NAD'83. (n I DISTANCES REPORTED HEREON ARE AT SURFACE. O I AREAS REPORTED HEREON ARE BASED ON CALCULATIONS MADE AT SURFACE Z I DISTANCES. I W� THIS SURVEY IS SUBJECT TO ANY FACTS WHICH MAY BE DISCLOSED BY A FULL AND Ir ACCURATE TITLE SEARCH. RECORD DOCUMENTS OTHER THAN THOSE SHOWN MAY LL $ 1 AFFECT THIS TRACT. MONUMENTS INDICATED AS FOUND BY THIS SURVEY ARE NOT 'PHYSICAL MONUMENTS OF RECORD DIGNITY UNLESS SO NOTED. L FOUND MONUMENTS ARE ACCEPTED BY THIS SURVEYOR AS CONTROLLING EVIDENCE — _ DUE TO SUBSTANTIAL AGREEMENT WITH RECORD DOCUMENTS THIS PLAT IS INVALID UNLESS IT BEARS THE SURVEYOR'S ORIGINAL SEAL AND SIGNATURE. I I I 1 I I I I I I I I 1 I NOTE. MONUMENTS SET WITH THIS SURVEY ARE BASED ON A PREVIOUSLY ESTABLISHED SURVEY OF SECTION 35, BLOCK JK-2 d 24TH STREET RIGHT-OF-WAY LINES. THIS PLAT WAS PREPARED FROM AN ACTUAL SURVEY OF THE PROPERTY AND THE INFORMATION HER OF THIS SURVEY TO THE BEST OF MY K'. SURVEYED: FEBRUARY 24. 2020 SAMUEL WYATT R.P.L.S. 64531 PAGE 3 OF 3 (SEE PAGES 1 6 2 FOR A FULL METES AND BOUNDS DESCRIPTION) PARKHILL SMITH & COOPER TBPELS FIRM REGISTRATION NO. 10194D91 "I 4222 85TH STREET LUBBOCK, TX. 79423 806.473.2200 450 After Recording Return 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 Effective Date: /brad �Z6 , 2020 Grantor: Aurelio Solorzano Grantor's Mailing Address: Grantee: City of Plainview, Texas Grantee's Mailing Address: Consideration: 710 W 24th 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 Frhibil "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 include, 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 1 F-j 1 451 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 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 to authorize 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. Telecommunicadon 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, Sewer Utilities. Constructing, excavating, installing, maintaining, altering, replacing, repairing, relocating and operating distribution and collections lines, Page 2 of 4 452 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 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 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 This instrument was acknowledged before me on the Q V day of �—A CA J C 2020, by G I k i t I i n S0 � 0 t f- (A IN A , Ow- *`�c+f--_ YANCE`� ssI RP E Pu h� NO i P�gL1C Ta �(cq S Jf �r Fi � � MY conm. - N I Notary Pub 'c, State of as Page 3 of a 453 LJ ACCEPTED BY GRANTEE: CITY OF PL.AINVIEW, TEXAS By: &'1z 04) logo Wendell Dunlap, Mayor STATE OF TEXAS COUNTY OF PLAINVIEW § L / This instrument was acknowledged before me on the /'�7 4 day, of Ord A , I 2020, by Wendell Dunlap, Mayor of the City of Plainview, Texas on behalf of the eity of Plainview. BELINDA HINOJOSA NOTARY PUBLIC Notary Public, State o xas STATE OF TEXAS R��y ID # 644426-1 OF MY Comm. Expires 04-28-2021 Page 4 of -I 454 Exhibit "A'' PARKHILLSMITH&COOPER 20-FOOT WIDE RIGHT-OF-WAY DEDICATION IN LOT 7 & THE EAST 30' OF LOT 8, BLOCK 2, TITUS AND PILLOW SUBDIVISION, AN ADDITION TO THE CITY OF PLAIVNIEW, HALE COUNTY, TEXAS 4222 85th Street Lubbock Texas 79423 806.473.2200 A 20-foot wide right-of-way dedication in Lot 7 and the east 30-feet of Lot 8, Block 2, Titus and Pillow Subdivision, an addition to the City of Plainview, Hale County, Texas, according to the map, plat and/or dedication deed thereof recorded in Volume 336, Page 515 of the Deed Records of Hale County, Texas, said right-of-way dedication contains 0.065 acres (2,830 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 the east 30-feet of said Lot 8, for the northwest corner of this dedication, said beginning point having coordinates of NORTHING: 7,500,159.21 and EASTING: 997,273.75, Texas Coordinate System, North Central Zone 4202, North American Datum of 1983, whence the southwest corner of Section 38, Block JK-2 bears South 00 degrees 39 minutes 57 seconds West a distance of 50.00 feet and North 89 degrees 20 minutes 03 seconds West a distance of 3783.82 feet; (1) THENCE South 89 degrees 20 minutes 03 seconds East a distance of 141.47 feet to a 1/2- inch iron rod with a plastic cap marked "PSC RPLS 6453" set in the east line of said Lot 7, in the west right-of-way line of Fresno Street, for the northeast corner of this dedication, said point having coordinates of NORTHING: 7,500,157.57 and EASTING: 997,415.20, Texas Coordinate System, North Central Zone 4202, North American Datum of 1983; (2) THENCE South 00 degrees 41 minutes 07 seconds West, along the west right-of-way line of said Fresno Street, a distance of 20.00 feet to a point in the existing north right-of-way line of 241h Street for the southeast corner of said Lot 7, and 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 241" Street, a distance of 141.46 feet to the southwest corner of the east 30' of said Lot 8 and this dedication; Texas Registered Surveying Firm # 10194091 Pagel of 3 Exhibit "A" MM (4) THENCE North 00 degrees 39 minutes 57 seconds East, along the west line of the east 30- feet of said Lot 8, a distance of 20.00 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 24' 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 S � Samuel Wyatt,P.L.S. 6453 Page 2 of 3 � 01'2 0 I I I I I 1 I t SCALE: ''- 1W Q =SET 1r2' IRON ROD WITH CAP'PSC RPLS 645YA 20'-WIDE RIGHT-OF-WAY DEDICATION IN m. LOT 7 & THE EAST 30' OF LOT 8, BLOCK 2, -27 '� 2�410 NORTH TITUS AND PILLOW SUBDIVISION, D AN ADDITION TO i THE CITY OF PLAINVIEW, I I HALE COUNTY TEXAS I I I PLAT: VOLUME 336, PAGE 515, I I OFFICIAL PUBLIC RECORDS OF HALE COUNTY, TEXAS I N Y1 wN w� I ix I I uJIL 1 n SURVEYORS REPORT: Z In I O I p O I b 05 BEARINGS AND COORDINATES SHOWN ON THIS SURVEY ARE BASED ON THE TEXAS 0 ;� I I Z 1 COORDINATE SYSTEM. TXNC ZONE 4202, NAD'83 UJ p ( p o I LOT 7 8 EAST 30' Of LOT 8 I W 9 ' AREAS REPORTED HEREON ARE BASED ONDISTANCES REPORTED HEREON ARE AT RCAL CALCULATIONS MADE AT SURFACE I J Cn p J I RECORD OWNER. w g I DISTANCES. AURELIO SOLORZANO I J ( THIS SURVEY IS SUBJECT TO ANY FACTS WHICH MAY BE DISCLOSED BY A FULL AND NORTHING:7,500,159.21 ~ - I I NORTHING:7,500,157.57 ACCURATE TITLE SEARCH. RECORD DOCUMENTS OTHER THAN THOSE SHOWN MAY EASTING:997,273.75 O rn EASTING:997,41520 AFFECT THIS TRACT. PONT OF I AREA 2,830 S.F i (0.085 ACRES) I MONUMENTS INDICATED AS FOUND BY THIS SURVEY ARE NOT 'PHYSICAL BEGINING ( I I MONUMENTS OF RECORD DIGNITY' UNLESS SO NOTED PROPOSED RS-W S 89'20'03' E 141.4T L--'--- FOUND MONUMENTS ARE ACCEPTED BY THIS SURVEYOR AS CONTROLLING EVIDENCE rl UNE DUE TO SUBSTANTIAL AGREEMENT WITH RECORD DOCUMENTS. THIS PLAT IS INVALID UNLESS IT BEARS THE SURVEYOR'S ORIGINAL SEAL AND g EXISTING R-O-W LINE N 89'20'03" W 141 46' S 00'41'07' W SIGNATURE. SOUTH LINE OF SECTION 38. BLOCK JK-2 20'00 THIS PLAT WAS PREPARED FROM AN ACTUAL SURVEY OF THE N 00.3nr E NORTH LINE OF 9ECTMBLOCK JK-2 PROPERTY AND THE INFORMATION HEREON REPRESENTS THE FINDINGS 4' 10-W 24TH STREET OF THIS SURVEY TO THE BEST OF MY KNOWLEDGE AND B S10 I 1 I I ( 1 FEBRUARYY 24, 2020 I 1 I w w I Z I I I I I I 6453 SAMUEL WYATT R.P.LS.8453 Q 1 C7 ( PAGE 3 OF 3 (SEE PAGES 1 ✓i 2 FOR A FULL METES AND BOUNDS DESCRIPTION) 1 I � 1 NOTE. MONUMENTS SET WITH THIS SURVEY ARE BASED ON A PREVIOUSLY ESTABLISHED SURVEY OF SECTION 35. BLOCK JK-2 d 24TH STREET RIGHT-OF-WAY LINES. PARKHILL SMITH & COOPER TBPELS FIRM REGISTRATION NO. 10194091 4222 85TH STREET in LUBBOCK. TX. 79423 806.473.2200