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Home My WebLink About06-3462 ord399 ZONING ORDINANCE - Zone Case No. 783 Alley Closure ORDINANCE NO. 06- 3462 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF PLAINVIEW, TEXAS FOR CLOSING OF A TWENTY FOOT ALLEY LOCATED SOUTH OF AND ADJACENT TO THE EAST 17.5 FEET OF LOT 17 AND ALL OF LOTS 18-27, WHITE'S SUBDIVISION OF BLOCKS 31 AND 42, COLLEGE HILL ADDITION TO THE CITY OF PLAINVIEW, HALE COUNTY, TEXAS; CUMULATIVENESS CLAUSE; CONFLICT CLAUSE; SEVERABILITY CLAUSE; AND EFFECTIVE DATE. WHEREAS, Ordinance No. 89-2798 known as the City of Plainview Zoning Ordinance, sets forth in Section 5 the requirements for amending the zoning map of the City of Plainview, Texas; and WHEREAS, CVS Pharmacy, Inc. has petitioned the City of Plainview to close a portion of a 20-foot alley located South of and adjacent to the 17.5 feet of Lot 17 and all of Lots 18-27, White's Subdivision of Blocks 31 and 42, College Hill Addition to the City of Plainview, Hale County, Texas (Volume 229, PagE; 491, according to the map, plat, and/or dedication deed recorded in the Deed Records of Hale County, Texas) as described on Exhibit "A" attached and incorporated hE:rein; and WHEREAS, the proposed request for Alley Closure, as herein after made, has been duly presented to the Planning and Zoning Commission for its recommendations, which was received by the City Council; and WHEREAS, a hearing was held in the Council Chambers of the City Hall, Plainview, Texas, at which time persons appeared in support of or against said proposal; and WHEREAS, the City Council determined that this alley for the purpose of public ingress and egress is no longer necessary, since CVS Pharmacies, Inc. is joining its properties to expand their facilities upon that property described herein; and WHEREAS, the City Council agrees with CV~~ Pharmacy, Inc. that the sewer line located in this alley will be relocated according to the specifications of the City, and a dedicated right of way and utility easement for such relocation will be granted, and WHEREAS, at the completion of such sewer line relocation, the City Council will agree to the abandonment of the alley's dedicated right of way and utility easement for the purpose of CVS Pharmacy, Inc. joining its properties to expand their facilities upon Ordinance No. 06-3462 CVS Pharmacy Alley Closing Ordinance Page 1 of 9 4~0 that property described herein; and WHEREAS, it was determined by the City Council that this alley closure for the purpose of public ingress and egress would not be detrimental or injurious to the public health, safety or general welfare, or otherwise offensive to the neighborhood; and WHEREAS, the City Council finds the closing of a 20-foot alley for the purpose of public ingress and egress located South of and adjacent to the East 17.5 feet of Lot 17 and all of Lots 18-27, White's Subdivision of Blocks 31 and 42, College Hill Addition to the City of Plainview, Hale County, Texas, (Volume 229, Page 491, according to the map, plat, and/or dedication deed recorded in the Deed Records of Hale County, Texas) is in the best interest of the public. NOW, THEREFORE, the City of Plainview Hereby Ordains that: SECTION I The request of CVS Pharmacy, Inc., a corporation incorporated under the laws of the State of Rhode Island, to close a portion of a 20-foot alley for public ingress and egress located South of and adjacent to the East 17.5 feet of Lot 17 and all of Lots 18-27, White's Subdivision of Blocks 31 and 42, College Hill Addition to the City of Plainview, Hale County, Texas (Volume 229, Page 491, according to the map, plat, and/or dedication deed recorded in the Deed Records of Hale County, Texas), as described on Exhibit "A" attached and incorporated herein, is approved. SECTION II The 20-foot alley described in Section I and recorded in Volume 229, Page 491, according to the map, plat, and/or dedication deed of the Deed Records of Hale County, Texas, shall no longer be usstd as a public thor>jughfare, and the owner of the property contiguous to said alley will close such property used for public ingress and egress and may use the same in accordance with the laws of the State of Texas. SECTION III The City of Plainview hereby reserves and retains the right to maintain, operate, repair and replace, by itself or by any licensee or a holder of a fraricYlis~ from the city, any poles, wires, pipes, conduits, sewer mains, water mains, or any other facility or equipment for the maintenance or operation of any utility now located in the alley or portion thereof closed by this Ordinance for the purpose of public ingress and egress only. Such dedicated right of way and easement in the alley, as described on Exhibits "A" and "B" attached and incorporated herein, will be vacated once the sewer line is rerouted, the City receives a dedicated right of way for the proposed improvements, and a utility easement is granted where necessary for the completed sewer line. SECTION IV Ordinance No. 06-3462 CVS Pharmacy Alley Closing Ordinance Page 2 of 9 401 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 V All ordinances or portions of any ordinances of the City of Plainview, Texas in conflict herewith, are hereby amended to conform with the provisions hereof. SECTION VI Should any section, subsection, or any portion hereof be deemed invalid for any reason, such holding shall not render or invalidate any other section, sub-section, sentence, provision, clause, phrase, or word severable therefrom and the same shall be deemed severable for this purpose. SECTION VII This Ordinance shall be of full force and effect upon its passage and publication as required by law. PASSED AND APPROVED on first reading this 23`~ day of May, 2006. PASSED AND APPROVED on second re~d~ng this 13th day of June, 2006 ~Z4~~! ~ n C. Anderson ATT T: Belinda Hino' 'fi PROVED AS~T~Q ,~ ,~~~ John astro, Director NTENT: munity Services APPROVED AS TO FORM: Leslie Sp r earce, ity Attorney Ordinance No. 06-3462 CVS Pharmacy Alley Closing Ordinance Page 3 of 9 402 i-f~ <x~nrmission expinrs; I_IIE; STA"fE C~E~ I`L'XA5 } ? DEDICATION DEED C°t)t~?~tTY C)F' LiALE f 7-his is to eertifv that C'VS PHARMACY, INf;., a tthode Islarui corporation, is the owner of the fi~llowing tracts of land more particularly described in Exhibit "A", attached hereto and incorporated herein for all purposes, and does hereby dedicate the portion of the property as shown in accordance with the map and metes and bounds description displayed therein, prepared by t{ugo fired and Associates, Inc., a licensed land surveyor for the State of Texas, on the ?n° day af`-~~~ j 't}Ug. and ap o~ed by the Planning Commission of the C:'ity of Plainview, Texas, an the 'aC"t~l day of _...a~ _ , 2006, and desiring to have the said properties dedicated and duly filed for record as re .fired by law, all as shown on the attached map,. NOW, 'THEREFORE, KN(~ti4 ALL. MEN BY 'THESk: PRESENTS: That for and in consideration of the special benefits to the remainder of the property„ L do hereby I?EULC'ATE all the streets, alleys, and ether public properties ,hewn irti Exhibit "A" and designated upon said map to the PUBL,[C LSE f•C1R EWER, incorporating the sa-i-d,~m• ap as a part of this dedication. E;XI=:C'L1TEf.) this ~ day of.__ _. .._ ~ ~ , 20Ufi. ..... C'VS FHAI2MAC:Y, iNtw., a Rhode Island corporation _--. f µ [~v: / ,c . __..___..__..~, .~.. __ ~:_. ~+~.e-r Timot ' F. Kramer, Asst. Secretary __ S"I".ATE; UE" ~f~fG~ } Ct'ttit~ll"Y C)F ~? ~ °r~r =`t z j-- 1 This instrument was acf<nowtedged before me on the C. day of ~ ?p06, '~v ft1~l()"IHY E. KRAMER, as Asst. Secretary ofCVS PHA~MACY, INC., a ode island corprration, on behalf of said corporation. EXF3IHIT "A" ~/ ~ Nc~ ARY P, ~ .lC', srt t~~ ~f~ _~~ Notary`s Print Name: i ? ---- _ .... r i' F Ma~era ,rasar~r %_~' Notary PuAric State of Ohfo My t%c~r~n~rie5ion Expires 311I~009 Ordinance No. 06-3462 CVS Pharmacy Alley Closing Ordinance Page 4 of 9 403 N I ___.__ _.~ ~° t~ m L ~ _ 2C7' ALLEY warewsr ~+ we teary ~sr t N89°45'E 41.83' t ~~'~~ A~~ { ~ ~~ i 4i 40 39 38 3T .~6 f I I !~ I ~ S89 45 25.00" WEST FOURTH S TREE T ?5'R,l9LK,ex~vr -fJ~ - wAr .adNC'enr so'Oeokon,u 8r?rbr vW 92. Ri. iC? h1ETES AND BOUNDS DESC:RLP"PION of a portion of Lots 38, 34 std qp, White's Subdivixion of 8luclls 31 and ~2, College Hill Addition w the Ciry of Plainview, Hate County, Texas, arxardtttg m the map. plat and/or dakcation deal thermf recru~dcd in Vnlume 229, Page 491 aCthe Deed Accords of ttak County, texas, being furthrr described as folbws. 13EtitNN INCi at a I '2" iron rod with eap set in the South litre of a 20 foot alley for t:he Northeast corner of thu tract which bears N. 64°45' E. a distance of 7 SO feet from the original Nurthwut corner of l.M 38. White's 5utadivision; TlIENC'E S, tM7`I2'31" E. a distance of IQ5.02 feet to a poim in the North righo-of-way line of West Fourth Strxt fnr the Sruttheast comer of chic tract; T2iENC'.F S. R*t'45' N'.. nl~xtg said North nght-oF way hne, a distance of 25.t10 frxt ro a point for the Southwest wmer of this trszt: THEN(T N_ at)° 12'31" W. a distance of 82.14 feet w a point fix a point of inknttuon: ('HENCE N. 45` 13'45" W a distance of 32.27 fret to a point in the Stwth litre of a 20 foot alley tnr the Northwest comer of this tract; THJv7JC`f N 89°4q' g , along said Srruth alley tine, a distance of 47.83 far w the Poim of Beginning. Cunrains: 7.,886 square tea - 2t?663 of an acre. FC?R t~()NTRAC`T PURPOSt:S ONLY. DOES NOT REPRESENT AN .4C`R!.4L. SURVEY. Prepared bray 2, 21)1}6. Ordinance No. 06-3462 CVS Pharmacy Alley Closing Ordinance Page 5 of 9 404 sxxisiT pa„ EASEMENT AGREEMENT FOR UTILITIES STATE OF TEXAS COUNTY OF HALE § KNOW ALL MEN BY THESE PRESENTS: In consideration of the City of Plainview (Grantee) vacating an alley dedication for a public purpose, CVS Pharmacy, Inc., (Grantor), a Rhode Island Corporation, does by these present, grant, bargain, sell and convey unto the City of Plainview a perpetual easement and right-of--way on, over, under and across the real estate hereinafter described., and as depicted on Exhibit "A," attached and incorporated herein, said permanent easement agreement for utilities generally having a width of 20 feet and being legally described as follows, to wit: METES AND BOUNDS DESCRIPTION of a portion of Lots 3$, 39 and 40, White's Subdivision of Blocks 31 and 42, College Hill Addition to the City of Plainview, Hale (:.aunty, Texas, according to the map, plat andlor dedication deed thereof recorded in Volume 229, Page 491 of the Deed Records of Hale County, Texas, being further described as follows: BEGINNING at a 'fz'° iron rod with cap set in the South line of a 20 foot alley for the Northeast corner of this tract which bears N. 89°45' E., a distance of 7.50 feet from the original Northwest comer of Lot 38, White's Subdivision; THENCE S. 00° 12'3 t "' E. a distance of I OSA2 feet to a point in the North right-of--way line of West Fourth Street for the Southeast corner of this tract; 'T'HENCE S. 89°45' VJ., along said North right-af--way line, a distance of 25.00 feet to a paint for the Southwest corner of this tract; THF,NCE N. UO° 12' 31" W. a distance of $2.19 feet to a point for a point of intersection; T"HENCE N. 45°13'45" W. a distance of 32.27 feet to a point in the South line of a 20 root alley for the Northwest corner of this tract; THENCE N. 89°45' E., along said South alley line, a distance of 47.83 feet to the Point of Beginning. for the purpose of retaining the right to maintain, operate, repair, replace by itself or by any licensee ar holder of a franchise from the City, any poles, wires, pipes, conduits, sewer mains, water mains, or any other facility or equipment for the maintenance and operation of any utility located in this easement or any portion of such easement. The Grantee herein, its agents, employees, workmen, and representatives shall have the right and privilege at all times of having ingress, egress and regress along, upon and across Ordinance No. 06-3462 CVS Pharmacy Alley Closing Ordinance Page 6 of 9 405 said premises for the purposes of maintaining, improving„ repairing, replacing, or rebuilding such facility, and such right is not granted for any other purposes. Further, such permanent easement agreement and right-of--way for utilities applies to future accessibility of adjoining landowners to coaneci to any poles. wires, pipes, conduits, sewer mains, water mains, or any other facility or equipment in operation of a utility located in the easement or any portion of such easement. The Granter also agrees to prod°ide ingress, egress and regress along, upon and across said premises for the above- stated purposes to provide future adjoining landowners the ability to connect with such utility services. Grantor shall not place any permanent buildings or trees on the land granted as a permanent easement, but the same may be used for such other purposes which do not interfere with the rights of grantee contained in this declaration. Any pipeline laid or constructed pursuant to this permanent easement shall be laid and constructed in a good, workmanlike manner and shall be buried so that the top of the water pipe shall be at a minimum 42 inches and sewer pipe shall be at a minimum 66 inches below the surface of the ground at al! points. Moreover, the ground surface over the pipeline shall be restored to and kept in the farmer condition and level as near as may be practicable. !n the performance of any work by Crra~ttor in the laying or construction of the pipeline, Grantor shall perform no act ur shall make no representation to any person or persons whomsoever that Grantor, its agents or representatives, is dte principal err agent of Grantee in any particular. iirantar will at all times while installing, replacing, repairing, and maintaining the sanitary sewer provide a safe and convenient means of ingress and egress from the public street to and from the parking lot andlor sidewalks for pedestrian. and vehicular traffic. Grantor will take all measures necessary to prated the existing water and sewer lines of the Gruttee and will promptly notify Grantee of any damages and/or necessary a~epairs. Related to the utilities in the easement, Grantor reserves its rights of recapture of funds in accordance with the ordinances and regulations of City. All rights, title and privileges herein granted, including all benefits and burdens, shall run with the land and shall be binding upon. and inure to the benefit of the parties hereto, their respective heirs, executors, administrators., successors, assigns and legal representatives forever. l'C) HAVE AND TO HOLD unto the said City o~f Plainview as aforesaid for the purposes aforesaid the premises above described. VVI1"NESS MY HAND this the ~~day of ~~~ ~p06 Ordinance No. 06-3462 CVS Pharmacy Alley Closing Ordinance Page 7 of 9 406 CVS Pharmacy, Inc. ;i. 'Timothy E. er Y Asst. Secretary STAT>t C)F _c" <~rc C'tJ-CTtTY f?IK 3~tr~.7r/r7-' l"his instrument was sworn and subscribed to before me an this ~ ~~_ day oI` ~~ _. 20Dfi, by 1`IMOTHY ~. KRAMER, as Asst.. Secretary of CVS AOY, II*IC., a Rhode Island Corporation, an behalf of said corporation. 1~3otary P blic, State of x1~'__.. Name: ~t.,a,.._ Ct;gCZ. My {'a ifn scion E ~r : MARCIA ,IASANY r~c~ary public ;hate of Ohia ;~,;r~ nissien Expires 3/1!2049 Ordinance No. 06-3462 CVS Pharmacy Alley Closing Ordinance Page 8 of 9 407 ~ I ~ NII ~ ~ ~T .~ ~ ra~aeoa __! ____._.__ __._ _,__~_ .~ _1_. A /~/~ cy ~/, ~~L asnrrANr My RA r- Nl T N89°45'E 47.83' ~~~~~°' __~_ _.~_ I ~ T ~J~ ~9J .a ~ ( ~ ~ ~ ~ ~ 4, ! ~~ ~ ~ I 40 39 3B 37 36 s ~ I ( ~_ N B ~ z I ' __~ I ___G..-~ ...._-....____ . _e_~ _..___._ .._1`_ __ St39'45'w 25.00' ~_ WEST FDUR TH S TREE T 15~/i',L9LfC hXiIT-tY WAY Ad~ocent 60'OaOkeled Br Rbl Y:Y 42 $ q3 METES AND HOUNDS DESCRIPTION of t portion of Lots 38, 39 and 40, Whore's Std+divisiaa of Bbdca 31 erd 42, College Hitl Addihoa to dte Clay of Plantview, Hak Calety, Tesu, aocardiag so the map, p1K aad+ar dediretioa deed ttmreof ra:orded is Volume 229, Page 491 of the Deed Records of [{ak Cousgy, Teaat, t~np fmtt>er derrxt3ad n follows. BEGINN[NCi u a 1:2" trot rod with cap set itr the Sowh lice of a 20 fool slky for the Norffieast tamer of dtu trace which iiean N. $9"45' E a diatause of 7,30 feet frotrt the original Northwest cortrer of Lot 3g, Whne's Subdivision; THENCE S. 60°12`3 (" E. a distecee of 105.02 feet to a point io the North right-a;F--way lint of Wear Farah Street for the Swtheast tamer of dtis tract THENCE S. 89°45' W„along said North right-<rf way lice, a distance of 23.00 fa:t to a poea for the Southwest cacner of this tract; TtIENC:E N 6fW I?°3l" W a distance oC82, l9 fact W s pout fm a point of inlencction; THENCE N. 43° 13.43" W a di&anoe of 32.27 fact to a point in the Souffi lira of a 26 foot altty fa the Northwest caner of this tract. THENCE N. 69"43' E., alcatg said South alley line, a distance of 47.83 feet to dte Poim of Beginning, 4'oataios: 2,886 square Slat • 6.66ti3 of m acre. POR C:ON?R.ACT PURPOSES ONLY. 170ES NOT REPRESENT AN ACilfAL SURVEY, Prepared May 1. 2t9IXr. Ordinance No. 06-3462 CVS Pharmacy Alley Closing Ordinance Page 9 of 9