HomeMy WebLinkAbout97-3142ALLEY ABANDONMENT
ORDINANCE NO. 97-3142
AN ORDINANCE ABANDONING AND VACATING ALL OF THAT ALLEY
LOCATED BETWEEN LOTS 92 AND 93, WESTRIDGE PARK NO. 3,
PLAINVIEW, HALE COUNTY, TEXAS, AND DECLARING THAT SAME
IS IN THE PUBLIC INTEREST; SEVERABILITY CLAUSE;
CUMULATIVENESS CLAUSE; CONFLICTS CLAUSE; AND EFFECTIVE DATE.
WHEREAS, David Hurt has submitted a petition to the City of Plainview for the abandonment and vacating of an
alley located between Lots 92 and 93, Westridge Park No. 3, Plainview, Hale County, Texas, according to the map
or plat of record in Volume 610, Page 687 of the Hale County Deed Records; and,
WHEREAS, David Hurt and Susan Hurt are the owners of the underlying and adjoining fee simple estate to the
south of said alley, same being Lot 93, Westridge Park No. 3, Plainview, Hale County, Texas: and,
WHEREAS, Sue Knoy Mathis Trust for Melody Mathis Rockwell created under the Last Will and Testament of
Betty Sue Maths, Deceased ("Rockwell Trust" herein) is the owner of the underlying and adjoining fee simple
estate to the north of said alley, same being Lot 92, Westridge Park No. 3, Plainview, Hale County, Texas, which
owner has consented to the alley abandonment; and,
WHEREAS, Section 38.52 of the Plainview City Ordinances states that no alley in the City shall ever be abandoned,
vacated or changed by the City Council until and unless they have first received the recommendation of the
Planning and Zoning Commission; and,
WHEREAS, the City of Plainview desires to cancel that certain License to Encumber Public Right-of Way as
recorded in Volume 899, Page 479 of the Official Public Records of Hale County, Texas; and,
WHEREAS, on Thursday, September 25, 1997, the Planning and Zoning Commission held a public hearing in
regard to the Application of David Hurt for abandonment and vacation of an alley located between Lots 92 and 93,
Westridge Park No. 3, Plainview, Hale County, Texas, and, subsequent to the hearing recommended that the alley
be vacated and abandoned subject to appropriate arrangements regarding the sewer line in the alley way, and the
cancellation of the above described License; and,
WHEREAS, the City Council £mds that vacating and abandoning the alley located between Lots 92 and 93,
Westxidge Park No. 3, Plainview, Hale County, Texas, is in the best interest of the public because it will relieve the
public from the charge of maintaining an alley that is no longer used by or useful to the public.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Plainview, Texas:
SECTION I:
That the previously dedicated alley located between Lots 92 and 93, Westridge Park No. 3,
Plainview, Hale County, Texas, is hereby extinguished, abandoned and vacated.
SECTION II:
That the previously dedicated alley between Lots 92 and 93, Westridge Park No. 3, Plainview,
Hale County, Texas, shall no longer be used as a public thoroughfare and an open alley, and that
fee to the land in said alley, together with the sewer line in said alley west of the western boundary
of the Mesa Circle Street right-of-way, are hereby released and will revert to the adjoining owners
of the underlying fee simple estate as follows: the South 10 feet of said alley to David Hurt and
Susan Hurt as the owners of Lot 93, Westridge Park No. 3, Plainview, Hale County, Texas; the
North 10 feet of said alley to the Rockwell Trust as the owner of Lot 92, Westridge Park No. 3,
Plainview, Hale County, Texas. The foregoing abandonment includes the sewer line within said
alley right-of-way as above specified. Together with an undivided one-half (1/2) interest in thc
sewer line as above specified, David Hurt and Susan Hurt may take possession of the South 10
feet of the previously dedicated alley and may use the same in a accordance with the laws of the
State of Texas. Together with an undivided one-half (1/2) interest in the sewer line as abov~e
specified, the Rockwell Trust may take possession of the North 10 feet of the previously dedicated
alley and may use the same in accordance With the laws of the State of Texas.
SECTION III:
The License to Encumber Pubhc Right-of-Way granted June 12, 1997, as recorded in Volume
899, Page 479 of the Official Public Records of Hale County, Texas, is hereby terminated and
cancelled.
SECTION IV:
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is, for any reason,
held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct, and independent provision and such holding shall not affect the
validity of the remaining provisions thereof.
SECTION V:
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.
SECTION VI: All ordinances or portion of any ordinance of the City of Plainview, Texas, in conflict herewith,
are hereby amended to conform with the provisions hereof.
SECTION VII: That this Ordinance shall take effect and be in full force and effect from and after the date of its
passage.
PASSED AND APPROVED on this the 28th day of October, 1997.
LLOY~ C. WOO~DS, M~yor
ATTEST:
APPROVED AS TO CONTENT AND FORM:
Karen McBeth, City Secretary
Wally Hatch,/City Attorney