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Home My WebLink About18-3673 ord376 ORDINANCE NO. 18-3673 AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF PLAINVIEW, TEXAS AUTHORIZING THE TRANSFER OF CERTAIN REAL PROPERTY IN THE CITY OF PLAINVIEW, TEXAS TO HALE COUNTY, TEXAS, IN ACCORDANCE WITH SECTION 272.001 OF THE TEXAS LOCAL GOVERNMENT CODE; AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS NECESSARY TO TRANSFER OWNERSHIP; REPEALER; CUMULATIVENESS CLAUSE; SEVERABILITY CLAUSE; CONFLICTS CLAUSE; AND EFFECTIVE DATE. WHEREAS, the City of Plainview is the owner of certain real property, Exhibit "A" attached and incorporated herein, located within an area of the City created and designated as Community Development Program No. 1 in the City of Plainview, Hale County, Texas for the development of an industrial park; and WHEREAS, the City of Plainview and Hale County, Texas entered into an Interlocal Cooperation Agreement on December 16, 2015 (the "Agreement") in accordance with Chapter 791 of the Texas Government Code for the purpose of promoting industrial development on the property located near westbound Interstate 27 and North State Highway 194 (Dimmit Highway); and WHEREAS, the City Council desires to transfer an undivided one-half (1/2) interest in said real property, which is attached as Exhibit "A" and incorporated herein, to Hale County, Texas, pursuant to the Agreement and Section 272.001 of the Texas Local Government Code; and WHEREAS, the City Council further finds that it is in the public's best interest to convey such undivided one-half (1/2) interest in this real property to Hale County to support in the redevelopment, expansion, and construction of an Industrial Park site (the "Project"). NOW, THEREFORE, The City of Plainview hereby ordains that: SECTION I The City Council hereby determines that the City of Plainview shall convey to Hale County, Texas, an undivided one-half (1/2) interest in specific land described in Section II herein, as well as in Exhibit "A" attached herein and incorporated by reference for all legal purposes, in compliance with the Agreement and Section 272.001 of the Texas Local Government Code. Ord. 18-3673 Page 1 of 4 377 SECTION II The City of Plainview shall convey an undivided one-half (1/2) interest in the following real property: An undivided one-half (1/2) interest in the below described property: Being a 7.897 acre tract out of the N.W. Quarter of Survey No. 35, Block JK -2, Hale County, Texas: Beginning at the S.E. corner of a 5.00 acre tract, said corner being 1609.86 feet South and 1872.84 feet East of the N.W. corner of Survey No. 35, Block JK -2, Hale County, Texas; Thence North 489.26 feet to the N.E. corner of said 5.0 acre tract; Thence N. 89°54'27" E. 703.03 feet to a point; Thence S. 0°01'06" E. 489.26 feet along a line parallel and 60 feet West of the east line of the N.W. quarter of said survey. Thence S. 89°54'27"W. 703.18 feet along a line parallel and 60 feet North of the north line of a 14.939, a 6.987, a 2.456, and a 3.0 acre tract to the POINT OF BEGINNING AND CONTAINING 7.897 acres. Together with a 1.645 acre road easement as described in Volume 996, Page 1658 of the Official Public Records of Hale County, Texas: A tract out of the N.W. quarter of Survey 35, Block JK -2, Hale County, Texas: Beginning 60' West of a rod found in the North line of a 0.899 acre Canyon Street dedication as recorded in Volume 645, page 469, of the Hale County Deed Records; THENCE N. 89°54'27"E. 1193.93 feet to a point 60 feet West of the East line of the NW/4 of said Survey 35; THENCE N. 0°01'06" W. 60 feet; THENCE S. 89°54'27" W. 1193.91 feet; THENCE South 60 feet to the Point of Beginning Ord. 18-3673 Page 2 of 4 378 SECTION III The Mayor is hereby authorized to sign all legal documentation necessary to convey the undivided one-half interest in the City -owned property described above to Hale County, Texas, pursuant to the Agreement and Texas Local Government Code, Section 272.001 (Vernon's 2016). SECTION IV The public purpose is the development of the Project within Community Development Program No. 1 to stimulate state and local industrial development through private investment and community revitalization in the City of Plainview and Hale County, Texas. SECTION V 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 the ordinance shall be and remain controlling as to the matters regulated herein. 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. SECTION VII Severability is intended throughout and within this Ordinance. If any provision, including any section, paragraph, sentence, clause, phrase or word or the application thereof to any person or circumstance is held invalid, unconstitutional, or unenforceable by a court of law or administrative agency with jurisdiction over the matter, such action 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 VIII 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 IX This Ordinance shall be in full force and effect upon its passage and publication as required by law. Ord. 18-3673 Page 3 of 4 PASSED AND APPROVED on first reading this 13th day of March, 2018. PASSED AND APPROVED on second reading this 27th day of March, 2018. ATTEST: m- //- Belinda Hinojosa, City S retary APPROVED AS TO CONTENT: Jeffrey' •r- r, City Manager APPROVED AS TO FORM: Marcus Norris, City Attorney Ord. 18-3673 Wendell Dunlap, Mayor Page 4 of 4 379 380 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. SPECIAL WARRANTY DEED STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF HALE THAT, CITY OF PLAINVIEW, TEXAS ("Grantor"), for the consideration recited herein, does hereby convey an undivided one-half (1/2) interest in the below -described property (the "Property") to HALE COUNTY, TEXAS ("Grantee"). In consideration of Grantee's payment to Grantor of FOURTEEN THOUSAND TWO HUNDRED SEVENTY-SIX AND 83/100 DOLLARS ($14,276.83), the receipt and sufficiency of which is hereby acknowledged, Grantor hereby grants, sells, and conveys to Grantee the following described Property: An undivided one-half interest in a 7.897 acre tract out of the N.W. Quarter of Survey No. 35, Block JK -2, Hale County, Texas: Beginning at the S.E. corner of a 5.00 acre tract, said corner being 1609.86 feet South and 1872.84 feet East of the N.W. corner of Survey No. 35, Block JK -2, Hale County, Texas; Thence North 489.26 feet to the N.E. corner of said 5.0 acre tract; Thence N. 89°54'27" E. 703.03 feet to a point; Thence S. 0°01'06" E. 489.26 feet along a line parallel and 60 feet West of the east line of the N.W. quarter of said survey. Thence S. 89°54'27"W. 703.18 feet along a line parallel and 60 feet North of the north line of a 14.939, a 6.987, a 2.456, and a 3.0 acre tract to the POINT OF BEGINNING AND CONTAINING 7.897 acres. Together with a 1.645 acre road easement as described in Volume 996, Page 1658 of the Official Public Records of Hale County, Texas: A tract out of the N.W. quarter of Survey 35, Block JK -2, Hale County, Texas: Special Warranty Deed- 7.897 acres Page 1 of 2 Beginning 60' West of a rod found in the North line of a 0.899 acre Canyon Street dedication as recorded in Volume 645, page 469, of the Hale County Deed Records; THENCE N. 89°54'27"E. 1193.93 feet to a point 60 feet West of the East line of the NW/4 of said Survey 35; THENCE N. 0°01'06" W. 60 feet; THENCE S. 89°54'27" W. 1193.91 feet; THENCE South 60 feet to the Point of Beginning To have and to hold the above-described premises, together with all and singular the rights and appurtenances thereto in any way belonging to the Property, to Grantee and its successors and assigns, forever. Grantor binds itself and its successors and assigns, to warrant and forever defend all and singular the Property to Grantee and to Grantee's successors and assigns against every person who might lawfully claim the same or any part thereof when the claim is made by, through, or under Grantor but not otherwise. When the context requires, singular nouns and pronouns include the plural, and the use of any gender shall include all genders. Effective this cal;A day of MQ rcA , aOiY. GRANTOR: CITY OF PLAINVIEW Wendell Dunlap, Mayor STATE OF TEXAS COUNTY OF HALE Subscribed and sworn before me on the *WA day of March, 2018, by Wendell Dunlap, Mayor of the City of Plainview, Texas, on behalf of said home rule municipal corporation under the laws of the State of Texas. BELINDA HINOJOSA NOTARY PUBLIC STATE OF TEXAS ID # 644426-1 My Comm. Expires 04-28-2021 Special Warranty Deed- 7.897 acres /1- Notary Public, State of as Page 2 of 2 381