The URL can be used to link to this page

Home My WebLink About76-1946 B ord76-1946 B PETITION TO CLOSE A~PORTION OF STRR~TS AND ALL~YS TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS: In accordance with the laws of the State of Texas, the undersigned property owner hereby petitions the City of Plainview, Hale County, Texas, to vacate and close the following portions of streets and all.eys located within Elmdale Subdivision of Wayland Heights Addition to the Town of Plainview, Hale County, Texas, to-wit: A. That portion of Southwest Second Street (designated as South Third Street on the plat-of Elmdale Subdivision) extending from the East boundary line of South Columbia Street in an Easterly direction to West boundary line of South Austin Street; and that portion of South Baltimore Street extending from the South boundary line of SOuthwest First Street (designated as Second Street on the plat of Elmdate Subdivision) in a Southerly direction to the North boundary line of Southwest Third Street (designated as South Fourth Street on the plat of Elmdale Subdivision); and the alleys located in Blocks 7, 8, 9 and 10 of said Elmdale Subdivision. · ~B~k~at pcrticn of-Scutl%~s~ ~i~ S ..... ~ ~s~ ..... ~~=~e ............... h~=rv~, l~na o~ R~lt~more Street East to ~.he W~t ~A~~~-S~ ~. --- ~-~ ~t; and the alleys located in Blocks 5 and 6 of said Elmdale Subdivision; reference is here made to the plat of Elmdale Subdivision, a copy of which is attached hereto.-- I. On or about March 15, 1927 the streets and alleys in Elmdale Subdivision were dedicated and a plat of said Subdivision was filed of record in Vol. 80, Page 143, Deed Records of Hale County, Texas. The streets and alleys sought herein to be closed were never opened to the public and the land has~been used since that time in large tracts with- out regard to the lots, streets and alleys:. DA~ OWEN~ LYLE & VOSS II. Norman Dulaney is the owner of all the property abutting the streets and alleys sought to be closed herein. The main office of Dulaney Auto and Truck Parts is located on Block 10 of Elmdale Sub- division. The main wrecking yard is located upon Blocks 7, 8, 9, and 10, the outside perimeter of which is enclosed under fence and has been for many, many years. The adjacent yard made up of Blocks 5 and 6 is also enclosed under fence and has been for many years. Draw is North of and adjacent to Blocks 8 and 9. III. There are no gas, water, electrical or sewer lines located within the confines of any of the streets or alleys sought to be closed herein. Running Water IV. The streets and alleys sought to be closed herein, are within the flood plain of Running Water Draw. Running Water Draw creates a dead end for traffic traveling from South. to North in the event South Baltimore Street were opened. Because of the flood plain and because of Running Water Draw, any attempt to open the alleys or streets herein sought to be closed would create a hazardous situation to pedestrians, motorists and vehicular traffic. V. Dulaney Auto and Truck Parts has been selected by state and national agencies as a pilot project for ]beautification of auto and truck salvage yards. Under the authority of Texas State Senate Bill III passed on June 29, 1972., a plan has been developed to enclose the front and sides of Blocks 5, 6, 7, 8, 9 and 10 with a type of fence that-will beautify the area and shield the salvage yard from the traveling public. The governmental agenciesinvolved will not complete the project unless and until the streets and alleys sought to be closed herein are closed. page2 DAY, OWEN'~ LYLE & VOSS VI. For all of the above and foregoing reasons your Petitioner would show that it would be to the best interest of the public that the streets and alleys hereinabove referred to be closed. WHEREFORE, based upon the facts above stated, Norman Dulaney, the abutting property owner to the stree~5s and alleys sought to be closed herein, hereby requests, that the streets and alleys hereinabove described be closed by properly adopted and recorded~City Ordinance of the City of Plainview. Respectfully submitted, DAY, OWEN,- LYLE & VOSS 215 Skaggs Building Plainview, Texas 79072 By: . W~_ -- Gene V. Owen ATTORNEYS FOR NORMAN DUL~NEY Page 3 DAY, OWEN, LYLE & VOSS ORDINANCE NO. 76-1946 AN ORDINANCE CLOSING THAT PORTION OF SOUTHWEST SECOND STREET EXTENDING FROM THE EAST BOUNDARY LINE OF SOUTH COLUMBIA STREET IN AN EASTERLY DIRECTION TO WEST BOUNDARY LINE OF SOUTH AUSTIN STREET; AND THAT PORTION OF SOUTH BALTIMORE STREET EXTENDING FROM THE SOUTH BOUNDARY LINE OF SOUTHWEST FIRST STREET IN A SOUTHERLY DIRECTION TO THE NORTH BOUNDARY LINE OF SOUTHWEST THIRD STREET: AND THE ALLEYS LOCATED IN BLOCKS 7, 8, 9 AND 10; AND THE ALLEY.S LOCATED IN BLOCKS 5 AND 6, ALL IN ELMDALE SUBDIVISION OF WAYLAND HEIGTHS ADDITION TO THE TO$~N OF PLAINVIEW, HALE COUNTY, TEXAS, AS SHOWN BY THAT PLAT RECORDED IN VOLUME 80, PAGE 143, DEED RECORDS OF HALE COUNTY, TEXAS. WHEREAS, Norman Dulaney is the owner of all of 'the land on both sides of that por- tion of Southwest Second Street extending from 'the East boundary line of South Columbia. Street in an Easterly direction to the West boundary line of South Austin Street; and that portion of South Baltimore Street extending from the South boundary line of Southwest First Street in a Southerly direction to the North boundary line of Southwest Third; and the alleys located in Blocks 7, 8, 9 and 10; and the alleys located in Blocks 5 and 6, all in Elmdale Subdivision of Wayland Heights Addition to the Town of Plainv~iew, Hale County, Texas, as shown and reflected by the Dedica- tion Deed and Plat, recorded in Block 81 Page 607 Deed Redords of Hale County, Texas; and, ' ' WHEREAS, the above described streets and alleys were never opened and used by the public in general in accordance with the Dedication Deed and Plat hereinabove men- tioned, and to the contrary, such streets and alleys have long since been abandoned and have been enclosed by fences; and, WHEREAS, the streets and alleys sought to be closed herein are at least partly within the flood plain of Running Water Draw and Running Water Draw crea~es a dead end for traffic traveling from South to North in the event South Baltimo~re Street were opened; and, WHEREAS, because of the flood plain and because of Running Water Draw, any attempt to open the alleys of streets hereinabove mentioned would create a hazardous situa- tion to pedestrians, motorists and vehicular traffic; and, WHEREAS, steps have been taken to enclose the front and sides of Blocks 5, 6, 7, 8, 9 and l0 of said Elmdale Subdivision with a type of fence that will beautify the area and shield the salvage yard from the traveling public and the governmental agencies involved will not complete the project unless and until the streets and alleys hereinabove mentioned are closed; and, WHEREAS, it would be for the best interest of the public in general that the above described street and alleys be closed; and, WHEREAS, at a public hearing held by and before 'the City Council of the City of Plainview, at its regular session, on the 27th day of April, 1976, it was determined that it would serve the best interest of the public that the hereinabove named streets and alley's be closed; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNC][L OF THE CITY OF PLAINVIEW, TEXAS: SECTION 1 That that portion of Southwest Second Street extending from the East boundary line of South Columbia Street in an Easterly direction to the West boundary line of South Austin Street, and that portion of South Baltimo~e Street extending from the South boundary line of Southwest First Street in a Southerly direction to the North bOund- ary line of Southwest Third Street; and the alleys located in Blocks 7, 8, 9 and 10; and the alleys located in Blocks 5 and 6 all in Elmdale Subdivision of Wayland Heights Addition to the Town of Plainview Hale County be and the same hereby are closed. ' ' SECTION 2 That the City Council finds that it is in the public interest to close that portion of the streets and alleys as provided in Section 1 of this Ordinance. SECTION 3 That the portion of the streets and alleys as provided in Section 1 of this Ordinance shall not be used or designated as streets and alleys and that the owners of the property contiguous to said streets and alleys may take possession thereof and may use the same in accordance with the laws of the State of Texas. PASSED, APPROVED AND ADOPTED THIS llTH DAY OF MAY , 19 76 ATTEST: CITY CLERK M. L. REA Page 2