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ORDINANCE NO.21-3714
AN ORDINANCE VACATING, ABANDONING AND CLOSING A GAS
LINEEASEMENT LOCATED IN THE EDGEMERE HEIGHTS ADDITION,
SECTION 2, :BEING A REPLAT OF LOT 2, BLOCK 3, REVISED
EDGEMERE HEIGHTS ADDITION, AND LOT 1, BLOCK 1, RIGLER
ADDITION, CITY OF PLAINVIEW, HALE -COUNTY, TEXAS; DIRECTING
THE CITY MANAGER TO REVISE THE OFFICIAL - MAPS
ACCORDINGLY;- PROVIDING AN EFFECTIVE DATE; PROVIDING A
SAVINGS=CLAUSE; AND PROVIDING FOR PUBLICATION.
WHEREAS, the City of Plainview owns the following real property further
described below where the City will, construct afire station:
Edgemere Heights Addition, Section 2, being a. replat: of Lot 2, Block 3,
Revised Edgemere Heights Addition, and Lot 1, Block 1; Rigler Addition,
City of Plainview, Hale County, Texas (the "Property"); and
WHEREAS, located on the Property and as depicted in the current plat of the
property is a --ten foot (10') widegas line easement (the "Easement") that is no longer
needed as- intended, does not contain a gas .line or other utility equipment and does not
serve a public purpose;: and
WHEREAS, in order to construct the proposed fire station on.the property the City
staff: believes it will be, necessary for the- Easement to- be vacated and closed and is
:requesting the Easement be vacated and closed; and
WHEREAS, the City of Plainview Planning and Zoning_ Commission has reviewed
the request to vacate the Easement and has approved, the request and is recommending
to the City Council of the City of Plainview that the Easement be vacated, -abandoned and
closed; -anal
WHEREAS,, the City Council of the City of Plainview finds that the Easement'
described above .and located on the Property described above is no. longer needed for
easement, purposes, does not contain .a .gas line or other utility equipment and does not
serve a public purpose and it would be in the public interest to close, vacate and abandon
the Easement-,
NOW THEREFORE, BE IT ORDAINED BY THE CITY OF PLAINVIEW, TEXAS,
THAT:
SECTION 1. The Easement as shall be and is hereby closed, vacated and abandoned
for easement purposes and for public use, such Easement being more particularly
described in Exhibit "A" attached to this ordinance and incorporated herein as though set
forth fully herein.
Easement Closure Page 1 of 3
411
SECTION 2. Any official map of the City of Plainview depicting the Easement, may be
altered or, changed to reflect such closure and abandonment and shall include this
ordinance number and date of_final passage.
SECTION 3. Effective Date. This ordinance -.shall take effect immediately -from and after
its passage and publication as may be required -by governing law;
SECTION 4. Severability..If any provision, section, subsection, sentence,: clause or the
application of same to any person or set of circumstances for any reason is held to be
unconstitutional, void or invalid:: or- for any reason unenforceable, the validity of' the
remaining portions of this. ordinance or the application thereby shall remain in effect, it
being :the intent of the City Council of -the City of Plainview, Texas in adopting this
ordinance, that no portion thereof or provision contained herein shall become inoperative
or fail by any reasons of unconstitutionality of any other portion or provision.
SECTION 5. Publication. The City Secretary of the City of Plainview is hereby
authorized and: directed to cause publication of the descriptive caption of this Ordinance
as an alternative method provided by law..
Passed and approved on first reading this 23rd day of February, 2021.
Passed and approved on second reading th
Charles
ATTEST::.
Belinda Hinojosa, City Se tary
APPROVED -AS
APPROVED -AS TO FORM:
Matt made, City Attorney
day of :N4arch, 2021.
Mayor
Easement Closure Page 2 of 3
EDGEMERE' HEIGHTS ADDITION, SECTION 2
BEING ARE -PLAT OF LOT 2, BLOCK 3,.REVISED EDGEMERE
HEIGHTS ADDITION, AND LOT 1, BLOCK 1, RIGLER ADDITION,
CITY OF PLAINVIEW, HALE COUNTY, TEXAS'
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EDGEMERE HEIGHTS ADDITION,
SECTION 2