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HomeMy WebLinkAbout76-1991 ordORDINANCE NO,, 76-1991 AN ORDINANCE CLOSING THAT PORTION OF~THE ALLEY BETWEEN LOTS 1 AND 16, 2 AND 15, 3 AND 14, AND BETWEEN THE NORTH 30 FEET OF LOT 4 AND THErNORTH 30 FEET OF LOT 13, ALL IN BLOCK A, KNIGHT ADDITION TO THE TOWN OFIPLAINVIEW, HALE COUNTY, TEXAS, AS SHOWN BY THE PLAT RECORDED IN VOLUME 165, PAGE 307, DEED RECORDS OF HALE.COUNTY, TEXAS. WHEREAS, Forrest Mickey and wife, Maylene Mickey, are the owners of all of the land on both sides of that portion of the alley between Lots 1 and 16, 2 and 15, 3 and[ 14, and between the North 30 feet of Lot 4 and th~ North 30 feet. of Lot 13, Block A, Knight · i ;; ~ an Plat' ecorde ledCountY' Texas, as shown Addition to the Town ;~~e a 'r and reflected by the e ~ d in Volume 165, Page 307, Deed Recolrds of Hale County, Texas; and, WHEREAS, Date Street Baptist Church is the record owner of Lots 9 through 12, inclusive, of said Block A; L. L. Carter is the record owner of Lot~ 8 in said Block A; and G. O. Dickerson is the record owner of Lot 7, i~ said Block A, all of whom are the rest of the property owners owning Property in Block A of Knight Addition; and, WHEREAS, the portion of the alley hereinabove described and sought to be closed herein has never, been opened and used by the public in general in accordance with the Dedication Deed and Plat hereinabove mentioned, and to the contrary, such alley has long since been abandoned and enclosed by fences; and, WHEREAS, Pioneer Natural Gas Company, Southwestern Public Service Company and Southwestern Bell Telephone Company are all of the utility companies owning utility lines existing in the alley~sought to be closed here~n and ~ve giVen their consent in writing to the closin~ of the~alley her~in sought to be closed; and, WHEREAS, it would be for the best interest of the public in general that the above alley be closedi~ and, WHEREAS, at a public hearing held by and before the City Council of the City of Plainview~ at its regular session, on the 24th day of August, 1976, it Was determined that it would serve the best interest of thepublic that the hereinabove described portion of the alley be~elOsed; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS: SECTION 1 That that portion of the alley between Lots 1 and 16, 2 and 15, 3 and 14, and between the North 30 feet. of Lot 4 and the North 30 feet of Lot 13, Block A of Knight Addition to the Town of Plainview, Hale County, Texas, be and the same hereby is closed. SECTION 2 That the City Council finds that it is in the public interest to close that portion of the alley as provided in Section 1 of this Ordinance. DAY, OWEN, LYLE & VOSS SECTION 3 That the portion of the alley as provided in Section 1 of this Ordinance shall not be used or designated as an alley and that the owners of the property contiguous 'to said alley may take possession thereof and may use the same in accordance with the laws of the State of Texas. 1976. PASSED, APPROVED AND ADOPTED THIS 14th DAY OF September ATTEST: C I T~--~ Page 2 DAY, OWEN, L'i~LE & VOSS FRANK R. DAY GENE V. OWEN PAUL LYLE LANNY VOSS DAY, OWEN, LYLE & VOSS ATTORNEYS & cOUNSELORS August 20, 19'76 SECOND FLOOR SKAGGS BLDG. PLAINVIEW, TEXAS 79072 TELEPHONE 806-296-6304 Mr. Marshall Pharr City Manager City Hall Plainview, TX 79072 Dear Marshall: You will recall that we have filed a petition to close an alley adjacent to property owning to Forrest Mickeyo This is the property on which Texas Farm Machinery does its business. I am enclosing herewith a proposed Ordinance. By a copy of this letter, I am forwarding a copy of the Ordinance to Mr.. Sharp for his approval or suggestions. Yours very truly, ~Y, ()WIN, LYLE & VOSS Gene V. Owen "~ GVO:jp1 Enclosure cc: Mr. Joe Sharp