HomeMy WebLinkAbout13-3602 ordORDINANCE NO. 13 -3602
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF
PLAINVIEW, TEXAS BY VACATING THE SANITARY SEWER LINE AND
WATER LINE EASEMENT DEDICATED IN THE NORTH PART OF THE
REPLAT OF THE EAST PART OF BLOCK 1, REVISED EDGEMERE
HEIGHTS ADDITION, PLAINVIEW, HALE COUNTY, TEXAS;
CUMULATIVENESS CLAUSE; CONFLICTS CLAUSE; SEVERABILITY
CLAUSE; AND EFFECTIVE DATE.
WHEREAS, Ordinance No. 89 -2798 known as the City of Plainview Zoning
Ordinance, sets forth in Section 5 the requirements for amending the zoning map of the
City of Plainview, Texas; and
WHEREAS, J.B. Roberts, acting agent and representative for the owners, REKR
Associates, Ltd., and RSD Associates, Inc., has petitioned the City of Plainview to
vacate the sanitary_sewer line and water line easement, as filed for record in V. 620 P.
481 of the Official Public Records of Hale County Texas , and dedicated in the North
Part of the Replat of the East Part of Block 1, Revised Edgemere Heights Addition, the
City of Plainview, Hale County, Texas, as described on Exhibit "A" attached and
incorporated herein; and
WHEREAS, the proposed request for the abandonment and vacation of the
sanitary sewer line and water line easement, as hereinafter made, has been duly
presented to the Planning and Zoning Commission for its recommendations, which was
received by the City Council; and
WHEREAS, a hearing was held in the Council Chambers of the City Hall,
Plainview, Texas, at which time persons appeared in support of or against said
proposal; and
WHEREAS, the City Council determined that this easement is no longer
necessary, since sewer and water utilities do not exist nor will they exist in the future at
such location, and hereby abandons and vacates said sanitary sewer line and water line
easement; and
WHEREAS, it was further determined by the City Council that this sanitary sewer
line and water line easement vacation is not detrimental or injurious to the public health,
safety or general welfare, or otherwise offensive to the neighborhood; and
WHEREAS, the City Council finds the vacation of the sanitary sewer line and
water line easement out of the North Part of the Replat of the East Part of Block 1,
Revised Edgemere Heights Addition, to the City of Plainview, Hale County, Texas, is in
the best interest of the public.
Ordinance No. 13 -3602
Case No. 845 P &Z Page 1 of 4
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NOW, THEREFORE, the City of Plainview Hereby Ordains that:
SECTION I
The request of J.B. Roberts, acting agent and representative for the owners,
REKR Associates, Ltd., and RSD Associates, Inc., to vacate the sanitary sewer line
and water line easement as filed for record in V. 620 P. 481 of the Official Public
Records of Hale County Texas, and dedicated out of the North Part of the Replat of
the East Part of Block 1, Revised Edgemere Heights Addition, Plainview, Hale
County, Texas as described on Exhibit "A" attached and incorporated herein, is
approved.
SECTION II
The City of Plainview does not have a sanitary sewer line or water line in the
above - stated easement, and thus, the easement is not necessary for City purposes.
SECTION III
The City Council hereby abandons and vacates the sewer line and water line
easement as described in Section I.
SECTION IV
All ordinances or parts of ordinances inconsistent with any provisions of this
Ordinance are hereby repealed to the extent of such conflict, and the provisions of this
Ordinance shall be and remain controlling as to the matters regulated herein.
SECTION V
Severability is intended throughout and within this Article. If any provision,
including any section, paragraph, sentence, clause, phrase or word or the application
hereof to any person or circumstance is held invalid, unconstitutional, or unenforceable
shall not be construed to affect any other valid portion of this Ordinance. A
Constitutional construction hereof is intended and shall be given. There is not intent
herein to violate either of the Texas Constitution or the Constitution of the United States.
SECTION VI
Provisions of this Ordinance are cumulative and nothing herein shall prevent,
alter, or diminish the applicability or enforcement of other ordinances restricting,
regulating, or governing the subject matter herein.
Ordinance No. 13 -3602
Case No. 845 P &Z Page 2 of 4
SECTION VII
All ordinances or portions of any ordinance of the City of Plainview, Texas, in
conflict herewith, are hereby amended to conform with the provisions hereof.
SECTION VIII
This ordinance shall be of full force and effect upon its passage and publication
as required by law.
PASSED AND APPROVED on first reading this 22 day of October, 2013.
PASSED AND APPROVED on second reading this 12 day of November, 2013.
ATTEST:
/ /
Belinda Hinojosa, City Secret
APPROVED AS TO CONT NT:
Jeffrey
APPROVED AS TO FORM:
Ordinance No. 13 -3602
sistant City Manager
L� .
ar
Leslie Spear Pear City Attorney
)
Wendell Dunlap, Mayor
Case No. 845 P &Z Page 3 of 4
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EXHIBIT "A"
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26th
Street
Description of Portion of
Sewer Line Easement
TO BE RELEASED
Being a pinion to be released out of
the North pan of 20 trot wide Sewer
Easement dedicated out of Block 1 of
both the original plat of Edgemere Heights
Addition, Plainview Hale County. Texas
(recorded in Volume435, p. 347. HCDR)
and the Revised Plat of said addition
(recorded in Volume 612. p. 471, HCDR).
said portion being that part lying North of
the City of Plainview 30 foot wide
easement recorded in Volume 620, p. 481,
fICDR and described by centerline as
follows=
BEGINNING at the intersection of the
centerline of said 20' wide easement with
the North line of said 30' wide casement,
said point being 20 feet S.89 ° 59'50 "E. and
740 of the SW corner of Lot 1.
Block I. Revised Edgemere Heights
Addition, Plainview Bale County, Texas;
Thence along the centerline of said 20
wide easement as follows: North 30 feet;
West 80 feet and North 404' to the POINT
OF TERMINATION.
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Pmlesstonul Land Surepypr n = Texas #.170
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P.O. Bw 1418 Plainview TX 79
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Case No. 845 P &Z Page 4 of 4