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Home My WebLink AboutR24-629450 RESOLUTION R24-629 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS MAKING CERTAIN FINDINGS REGARDING THE RUNNING WATER DRAW PARK SYSTEM, DEDICATING PROPERTY FOR DRAINAGE AND DECLARING 3.446 ACRES LOCATED WEST OF 1-27 ADJACENT TO U.S. HIGHWAY 70 OUT OF SECTION 28, BLOCK JK-2, PLAINVIEW, HALE COUNTY TEXAS TO BE SURPLUS REAL PROPERTY; AUTHORIZING THE CITY MANAGER TO DISPOSE OF THE PROPERTY IN ACCORDANCE WITH APPLICABLE LAW; DECLARING THAT THE POLICY SERVES A PUBLIC PURPOSE. WHEREAS, the City Council for the City of Plainview, Texas pursuant to the constitution and laws of the State of Texas including, but not limited to, Article 11, Section 5 of the Texas Constitution as a home rule city, and Texas Local Government Code § 51.076 may hold and dispose of real property for the benefit of the citizens of the City of Plainview; and WHEREAS, the City of Plainview has historically believed that having and properly maintaining public parks protects the value of the public property and creates a valuable community resource and asset for all citizens to share and utilize; and WHEREAS, in 1963, the City of Plainview completed the "1985 Comprehensive Plan" to guide development of the community that included a "programmed approach to the location and construction of needed community facilities such as parks ...."; and WHEREAS, the "1985 Comprehensive Plan" analyzed the adequacy of the existing parks and recreational facilities in the City with projected population growth which led to the vision for the Running Water Draw Park System that would utilize a natural drainage water way that traverses west to east approximately four (4) miles across the Plainview community from Westridge Road to Milwee Street; and WHEREAS, in 1967, in response to the "1985 Comprehensive Plan", the City Council commissioned a study to develop the Running Water Draw Park Master Plan and to determine the practicability and necessity of reserving some of the land adjacent to Running Water Draw for recreation and conservation needs and recommend potential land acquisition for such needs; and WHEREAS, in 1970, in response to the 1967 Master Plan Study, the City Council approved the purchase of approximately 168.2 acres of property along the Running Water Draw to preserve this area for future park and open space development and drainage into the Running Water Draw consistent with the Master Plan recommendations; and Resolution R24-629 Running Water Draw Park System History/Findings and Page 1 of 4 Surplus Property Determination 1 451 1 WHEREAS, the City of Plainview's 1974 Comprehensive Plan recommended the City of Plainview continue to acquire open space or greenbelt areas along the Running Water Draw with an additional focus to purchase property for flood prevention purposes to address the flooding along the Running Water Draw the City experienced in the 1950s and 1960s; and WHEREAS, the City of Plainview's 1989 Comprehensive Plan concluded that the overall park acreage the City had acquired was adequate for open space and recreational needs and recommended development of existing property adjacent to or in close proximity to the Running Water Draw as a part of City's parks system; and WHEREAS, the City of Plainview's 2013 Comprehensive Plan again concluded that the park acreage the City had acquired was adequate for open space and recreational needs and recommended further development of a hike -bike trail system and preservation of portions of the Running Water Draw Park System for conservation and habitat preservation; and WHEREAS, in order to allow for adequate drainage of stormwater to the Running Water Draw from land west of 1-27, a drainage canal exists on a 3.446 acre tract of land on the north side of the 168.2 acres purchased by the City of Plainview in 1970 that abuts the Olton Road allowing for stormwater to drain into the Running Water Draw floodway; and WHEREAS, this 3.446 acre tract of land, which is more particularly described by metes and bounds in a survey attached to this resolution as Exhibit A, has never been dedicated, developed or used by the City or the public for park or recreational purposes and has remained vacant since the City's purchase of the property in 1970 being only used for drainage purposes; and WHEREAS, City Council finds that (i) this 3.446 acre tract has never been used for park purposes, (ii) only a portion of the 3.446 acre tract is needed for drainage purposes, (iii) the vast majority of the property used for park, recreational or open space purposes in the Running Water Draw Park System is actually adjacent to or in closer proximity to the Running Water Draw floodway, (iv) the past two City comprehensive plans have concluded that the City has more than sufficient property to adequately meet the publics park and recreational needs, (v) this 3.446 acre tract is the only portion of land that is attached to the Running Water Draw Park System that is adjacent to the Olton Highway, and (vi) the property immediately adjacent to the east and west of this 3.446 acre tract has been developed for commercial purposes; and WHEREAS, on January 11 th, the City of Plainview's Parks Advisory Board met to review the history of the Running Water Draw and discuss the 3.446-acre tract of land and concluded that this property was not considered park land and recommended the Resolution R24-629 Running Water Draw Park System History/Findings and Page 2 of 4 Surplus Property Determination 452 City Council consider using the property for purposes more consistent with other property adjacent to the Olton Highway; and WHEREAS, the City Council finds that this 3.446-acre tract has never been used for park purposes nor should be used for park purposes; and WHEREAS, so long as a drainage easement is reserved to allow for stormwater to drain to the Running Water Draw, the 3.446-acre tract, or any portion thereof, is surplus property and would be better suited for commercial development purposes; WHEREAS, the City of Plainview Code of Ordinances, Article 1.08, Section 1.08.001, requires the City Council to declare by resolution any property that it considers as surplus property before it can be sold or offered for sale; and WHEREAS, the City of Plainview Code of Ordinances, Article 1.08, Section 1.08.002 requires the City Manager to have surplus property appraised to obtain an appraised value for the surplus real property; and WHEREAS, in accordance with Section 1.08.009, the City Council of the City of Plainview may authorize the city manager to dispose of such real property in accordance with Chapters 253 or 272 of the Texas Local Government Code; and WHEREAS, the City Council believes that it would be in the best interest of the citizens of the City of Plainview and a more efficient use of the 3.446 acre that is depicted in Exhibit A, which is attached to this resolution and incorporated herein as though set forth fully herein, to declare such property as surplus real property owned by the City and that a public purpose and benefit does exist to return this surplus real property to the tax rolls of all the taxing entities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW THAT: SECTION 1. The recitals outlined above are found to be true and correct and are hereby adopted by the City Council of the City of Plainview and incorporated herein as though set forth fully herein. SECTION 2. In accordance with Plainview Code of Ordinances, Article 1.08, Section 1.08.001, the City Council hereby declares the 3.446-acre tract of land, which is more particularly described by metes and bounds in a survey attached to this resolution as Exhibit A, to be surplus real property. SECTION 3. The City Council hereby directs the city manager, in order to meet the requirements of Plainview Code of Ordinances, Article 1.08, Section 1.08.002, prior to selling or disposing of the 3.446 acres, to obtain an appraisal of such 3.446 acre tract, or Resolution R24-629 Running Water Draw Park System History/Findings and Page 3 of 4 Surplus Property Determination 1 1 any portion thereof, from a competent appraiser to determine the fair market value thereof. SECTION 4. The City Manager is further authorized to dispose of such real property in accordance with Chapters 253 or 272 of the Texas Local Government Code in accordance with Section 1.08.009 of the Plainview Code of Ordinances, Article 1.08. PASSED AND APPROVED this 26t" day of March, 2024. Charles Starnes) Mayor ATTEST: /' C Belinda Hinojo a, ty Secretary APPROVED AS TO CONTENT: Jeffrey n , City Manager APPROVED AS TO FORM: MattMade, City Attorney Resolution R24-629 Running Water Draw Park System History/Findings and Page 4 of 4 Surplus Property Determination 454 Parkhill A 3.446-ACRE TRACT OF LAND IN SECTION 28, BLOCK JK-2, HALE COUNTY, TEXAS A 3.446-acre tract of land in Section 28, Block JK-2, Hale County, Texas, being a portion of that certain 70.78- acre tract of land conveyed to the City of Plainview, described in a deed recorded in Volume 510, Page 595 of the Deed Records of Hale County, Texas, said 3.446-acre tract being further described by metes and bounds as follows: BEGINNING at a 5/8-inch iron rod found in the south right-of-way line of U.S. Highway 70, at the northwest corner of Lot 14A, Minor Plat of Resubdivision of Westridge Addition Unit No. 7, an addition to the City of Plainview, Hale County, Texas, according to the map, plat and/or dedication deed thereof recorded in Instrument # 2015-001351 of the Official Public Records of Hale County, Texas, for the northeast corner of this tract, said beginning point having coordinates of NORTHING: 7,494,294.55 and EASTING: 984,934.73, Texas Coordinate System, North Central Zone 4202, North American Datum of 1983, whence the northwest corner of said Section 28 bears North 00 degrees 32 minutes 31 seconds East a distance of 620.11 feet and North 89 degrees 27 minutes 29 seconds West a distance of 2080.03 feet per calls in previous descriptions; (1) THENCE South 20 degrees 32 minutes 31 seconds West at a distance of 380.00 feet pass the west common corner of Lot 14A and Lot 14B of said Minor Plat of Westridge Addition Unit No. 7, continuing for a total distance of 500.00 feet to a 1/2-inch iron rod with a plastic cap marked "PARKHILL RPLS 6453" set for the southwest corner of said Lot 14B and the southeast corner of this tract; (2) THENCE North 69 degrees 27 minutes 29 seconds West a distance of 300.26 feet to a 1/2-inch iron rod with a plastic cap marked "PARKHILL RPLS 6453" set for the southeast corner of a tract of land conveyed to Harvest Christian Fellowship, Inc., described in a warranty deed with vendor's lien recorded in Instrument #2013-001649 of the Official Public Records of Hale County, Texas, same being the southeast corner of Lot 13, Westridge Addition, Unit No. 6, according to the map, plat and/or dedication deed thereof recorded in Volume 733, Page 709 of the Deed Records of Hale County, Texas, for the southwest corner of this tract, said point having coordinate of NORTHING: 7,493,931.73 and EASTING: 984,478.15, Texas Coordinate System, North Central Zone 4202, North American Datum of 1983; (3) THENCE North 20 degrees 32 minutes 31 seconds East, along the east line of said Lot 13, same being the east line of said tract conveyed to Harvest Christian Fellowship, Inc., at a distance of 16.95 feet pass a found 1/2- inch iron rod, continuing for a total distance of 500.00 feet to a 1/2-inch iron rod with a plastic cap marked "PARKHILL RPLS 6453" set for the northeast corner of said Lot 13 and the northeast corner of said tract conveyed to Harvest Christian Fellowship, Inc., for the northwest corner of this tract; (4) THENCE South 69 degrees 27 minutes 29 seconds East, along the south right-of-way line of said U.S. Highway 70, a distance of 300.26 feet to the POINT OF BEGINNING. Bearings and coordinates called in this description are based on the Texas Coordinate System, North Central Zone 4202, North American Datum of 1983. Distances called in this description are at surface. Areas reported in this descriptions are calculated from surface distances. This description is subject to any facts which may be disclosed by a full and accurate title search. Other items may exist which affect this tract. Surveyed on the ground: June 07, 2022 Signed: September 12, 2022 ,\E„�F„ T R,�+9N ••. SAMUEL WYATT s ••• Z 6453 _ <y`yocESS\0fypQ ��•.SURv� Samuel Wyatt, RPLS 6453 Page 1 of 1 Texas Registered Surveying Firm # 10194091 Parkhillxom