HomeMy WebLinkAbout77-2149 ord ORDINANCE NO. 77-2149 ·
AN ORDINANCE CLOSING THE ALLEY BETWEEN LOT 5, BLOCK 2, AND LOT 6, BLOCK 2, OF
THE REVISED EDGEMERE HEIGHTS ADDITION AS SHOWN BY PLAT THEREOF OF RECORD IN
VOLUME 435, PAGE 347, DEED RECORDS, HALE COUNTY, TEXAS.
kStEREAS, the owners of all of Lot 6 in Block 2, Revised Edgemere Heights
Addition as shown by plat of record in Volume 435, Page 347, Deed Records of
Hale County, Texas, and the owner of Lot 5, in Block 2, of said Addition have
petitioned the City Council of the City of Plainview to close the alley between
the two lots for the reasons stated in said Petition; and
WHEREAS, the City Council finds that the Petitioners executing said
Petition constitute the owners of all of the land abutting and adjacent to
said alley; and
k~EREAS, the Council finds that said alley has never been opened; that
there are no utility lines in said alley save and except for the gas line of
Pioneer Natural Gas Company; and
~EREAS, Pioneer Natural Gas Company, SouthwesternPublic Service Company,
and Southwestern Bell Telephone Company, have all executed consent letters and
given their consent in writing to the closing of the alley sought to be closed;
and
WHEREAS, the Council finds that it is in the best interests of the
general public 'that the said alley 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 ~th day of No-~embe~r,
1977, it was determined that it would be in the best interests of the general
public that the hereinabove described alley be closed;
NOW, THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW:
Section 1: That the alley now existing between Lot 5 and Lot 6,
in Block 2, Revised Edgemere Heights Ad. dition as shown by plat of record in
Volume 435, Page 347, Deed Records of Hale County, Texas, be and the same
is hereby closed and vacated.
Section 2: It is found by the City Council of the City of Plainview
that it is in the public interest to close sa:id allay as provided in
Section 1 of this Ordinance.
Section 3: That the alley presently existing and shown by plat of
record in Volume 435, Page 347, Deed Records of Hale County, Texas, as
existing between Lot 5 and Lot 6 in said Block 2 of said addition, shall
not hereinafter be used or designated as an alley and that the owners of
the property contingent to said alley may take possession thereof, use
the same and that title be vested in them in accordance with the laws of
the State of Texas.
PASSED AND APPROVED AND ADOPTED this ~th day of November, 1977.
ATTEST:
M.-L. ]Rea, City C%erk
_ Adv-
/ /
PETITION TO CLOSE ALLEY SEPARATING LOT 5 AND LOT 6, BLOCK 2, EDGEMERE
HEIGHTS ADDITION TO CITY OF PLAINVIEW, HALE COUNTY, TEXAS, AS SHOWN
BY PLAT OF RECORD IN VOLUME 435, PAGE 347, DEED RECORDS, HALE COUNTY, TEXAS.
TO THE HONORABLE FLAY'OR AND CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS:
Sun-Vue, Inc, is the owner of all of Lot 6 in Block 2, of the Revised
Edgemere Heights Addition, City df Plainview, Texas, ~as shown by plat of record
in Volume 435, Page 347, Deed Records of Hale County, Texas, and the undersigned
C. L. Busby, Lon D. Cartwright, Paul D. Johnson,, John C. Long, E. O. Nichols, Jr.,
Louis N. Thomas, Russell K. Williams, and Elton Wil§on, are the owners of all of
Lot 5, in Block 2, of the Revised Edgemere Heights Addition, City of Plainview,
Texas, as shown by plat of record in Volume 435~, Page 345, Deed Records of
Hale County, Texas, and said owners do hereby petition the Honorable City
Council to close and vacate the alley between the boundaries of said Lot 6
and the boundaries of said Lot 5 and in this connection would show the Honorable
City Council as follows:
I.
Petitioners are the owners and the only owners of any land adjacent
to said alley.
II.
That when originally platted, Lot 5 and Lot 6 were owned by separate
owners and it was thought that the U§e 'of the property would require an alley
to facilitate the construction of public utilities to serve both lots.
III.
That Sun-Vue, Inc. has contracted to purca]hse from owners all of Lot 5
and both Lots will be developed as a single tract of land. The alley will not
fit the place where utility lines will be needed and constructed to serve the
development of Lots 5 and 6 as one single tract.
IV.
That said alley has never been used by the public nor has it ever been
opened as an alley and that there are no utility lines in said alley, save
and except a Pioneer Natural Gas line and arrangements have been made with
the Gas Company for removal of the line.
That there is attached hereto letters of consent from Pioneer Natural
Gas Company, Southwestern Public Service Company, and the Southwestern Bell
Telephone Company.
VI.
For all of which reasons~ Petitioners represent that it is ~n the best
interests of the general public that the alley hereinabove re~erred to and
shown on the attached Exhibit A (the shaded portion representing ~aid alley)
be closed and vacated.
WHEREFORE, Petitioners request that said alley as shown by the Plat
of Revised Edgemere Heights Addition between Lot 6, Block 2 and Lot 5,
Block 2, of said Addition (said alley being on the Northeast and Northwest
sides of said Lot 5) be closed and that an Ordinance of the City ~ouncil
of the City of Plainview be passed closing and vacating said alley.
Respectfully submitted,
SUN-VUF., INC.
Edwin L .z Vadder, PresidYent
'ATTEST ~
~1 d~E~<~o r d
Assistant Secretary
c. n.
/L~ C~r twrCh,~ ~
E. O. I~ls,
RuSsell K. ~iiliams
Elton Wilson
O'tAIRMAN : /'?
DGEMF-'!RE:!;:,!:.",' R;" ::"::::':
" :8.0 '"
EXHIBIT 'A '-
PIONEER
NATURAL GAS COMPANY
POST OFFICE BOX 1709, PLAINVIEW,, TEXAS 79072
October 28, 1977
Honorable Mayor
City Councilmen
City of Plainview
Plainview, Texas
Gentlemen:
Pioneer Natural Gas Company has no objections to the closing
of the alley in Lots 5 and 6, Block 2, Edgemere Heights Addition
to the City of Plainview and will not interfere with services to
this area or any other area in the City of Plainview.
The cost of the re-location for these lines is a total of
$1,369.00 which will be paid by the developer, and we file no
objection to such.
Sincerely,
Vernon L. Clem
District Manager
VLC:dh
Plai~view, Texas 79072
October 28, 1977
The Honorable Robert Wayland
Mayor, City of Plainview
Plainview, Texas 79072
Re: Request for Alley Closing - Revised Edgemere Heights Addition
Dear Mayor Wayland:
This letter will serve to notify all interested parties that Southwestern
Public Service Company has no objection to the Closing of an "L" shaped
alley which is located between Lots 5 and 6 of Block 2 of the Revised
Edgemere Heights Addition to the City of Plainview, Texas, as recorded
in Volume 435, Page 347, 'Hale County, Texas Deed Records.
To :further identify this alley, it extemds in a northeasterly directiom
from 27th Street just west of Yonkers Street approximately 200 feet;
thence southeasterly approximately 200 feet to the west edge of Yonkers
Street.
m~s/mj
Very truly yours,
W. R. Smith
Sr. Design Engineer
cc: W. C. Meharg
Area Code 806--2'96-2731 ! P.O. Box 1810 ! 300 West 6th / l~lai~view, Texas 79072
Southwestern Bell
J. L. (JIM) WEST
MANAGER
October 28~ 1977
Honorable Mayor
City of Ptainview
Plainview~ Texas
Dear Mayor:
This is to advise you that Southwestern Bell Telephone Co.
has no objections to the closing of the alley on Block 2~
Lots ~ & 6 in Edgemere Heights a~mition of Plainview~
Texas.
Very truly yours
Manager