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
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M.4 ralj.
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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
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NORTHING:7,500.223.97 I
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58920'18'E
EASTING:992.556.08 I
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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
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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
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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'=tp0'
0 =SET 1/2' IRON ROO WITH CAP'PSC RPLS 8153'.
0 1 DO' 200'
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 REPRESENTS THE FINDINGS
OF THIS SURVEY TO THE BEST OF MY KNOWLEDGE AND BFI 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
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NOT PLATTED
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GRANTEE. FRANCISCO AND
BEATRIZ
CHAVEZ
LU
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GRANTEE: MARTIN a SANDRA I
CHAVEZ I
CCFN 2015-000058
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CCFN 2018-000579
jc4,
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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
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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
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24TH STREET
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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
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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' = 100'
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
COORDINATE SYSTEM, TX14C 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 INVAUD UNLESS IT BEARS THE SURVEYOR'S ORIGINAL SEAL AND
SIGNATURE.
THIS PLAT WAS PREPARED FROM AN
PROPERTY AND THE INFORMATION H
OF THIS SURVEY TO THE BEST OF M1
SURVEYED:
FEBRUARY 24, 2020
SAMUEL WYAT
R.P.L.S.6453
PAGE 3 OF 3 (SEE PAGES 1 8 2 FOR A FULL METES AND BOUNDS DESCRIPTION)
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: 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
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SCALE: 1" - 100'
O - SET 1/P IRON ROD WITH CAP -PSC RPLS 6453'
0 100' 200'
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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
— — — — — —
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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'
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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.
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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.
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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
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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
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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
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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,
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HALE COUNTY TEXAS
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PLAT: VOLUME 336, PAGE 515,
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OFFICIAL PUBLIC RECORDS OF HALE COUNTY, TEXAS
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SURVEYORS REPORT:
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BEARINGS AND COORDINATES SHOWN ON THIS SURVEY ARE BASED ON THE TEXAS
0
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COORDINATE SYSTEM. TXNC ZONE 4202, NAD'83
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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
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RECORD OWNER.
w g
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DISTANCES.
AURELIO SOLORZANO
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THIS SURVEY IS SUBJECT TO ANY FACTS WHICH MAY BE DISCLOSED BY A FULL AND
NORTHING:7,500,159.21
~
-
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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
(
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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
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( 1
FEBRUARYY 24, 2020
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6453
SAMUEL WYATT
R.P.LS.8453
Q
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(
PAGE 3 OF 3 (SEE PAGES 1 ✓i 2 FOR A FULL METES AND BOUNDS DESCRIPTION)
1
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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