HomeMy WebLinkAboutOrd 25-3777 (needs additional signatures)423
ORDINANCE NO. 25-3777
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF EAST
8TH STREET, EAST OF ELM STREET, WITHIN THE PERIMETER
FENCE OF THE COMPRESS PROPERTY LOCATED IN TRACTS F AND
G OF COMPRESS ADDITION, AN ADDITION TO THE CITY OF
PLAINVIEW, HALE COUNTY, TEXAS BEING A REPLAT OF LOTS 7-8,
BLOCK 1, AND LOTS 3-8, BLOCK 2, A.L. MAUPIN ADDITION, AND ALL
OF BLOCK 10, NOB -HILL ADDITION, TO THE CITY OF PLAINVIEW,
HALE COUNTY, TEXAS AS DETAILED IN THE PLAT FILED WITH THE
HALE COUNTY CLERK; RESERVING A UTILITY EASEMENT;
DIRECTING THE CITY MANAGER TO CAUSE THE OFFICIAL MAPS OF
THE CITY TO BE CHANGED ACCORDINGLY PURSUANT TO SECTION
311.007 OF THE TEXAS TRANSPORTATION CODE; PROVIDING A
SAVINGS CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR CONTINUATION OF PRIOR LAW;
PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR
PUBLICATION
WHEREAS, according to the replat of approximately 20.43 acres approved by the
Plainview Planning and Zoning Commission (Case File No. P-25-005), Tracts F and G
Compress Addition, City of Plainview, Hale County, Texas, being a replat of Lots 7-8,
Block 1 and Lots 3-8, Block 2, A.L. Maupin Addition, and all of Block 10, Nob -Hill Addition,
to the City of Plainview, Hale County, Texas, depicts an unimproved portion of East 8t"
Street, located east of Elm Street, within the perimeter fence of the Compress Property,
and containing approximately 0.245 acres of land (the "Street"), as more specifically
described in Exhibit "A" attached hereto and incorporated herein by reference; and
WHEREAS, according to the Hale County Central Appraisal District, the north,
south, and east sides of the Street are owned by Louis Dreyfus Company Cotton Storage
LLC; and
WHEREAS, Louis Dreyfus Company Cotton Storage LLC requested that the City
of Plainview permanently close and abandon the Street, with ownership, control, upkeep,
and repairs reverting to the adjacent property owners as provided by law; and
WHEREAS, the City of Plainview desires to retain a utility easement in, under, and
along the Street; and
WHEREAS, the City Council for the City of Plainview, Texas under the constitution
and laws of the State of Texas including, but not limited to, Texas Transportation Code
Section 311.007, Texas Local Government Code Section 253.001, and the general
powers as outlined in the Plainview City Charter, has exclusive control over its highways
and streets including the authority to vacate, abandon, or close a street, roadway or alley;
and
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WHEREAS, the City Council of the City of Plainview, Texas finds that the Street is
no longer needed for public right-of-way purposes and it would be beneficial to close,
vacate, and abandon the Street as expressly provided herein.
NOW THEREFORE, THE CITY OF PLAINVIEW, TEXAS, HEREBY ORDAINS THAT:
SECTION 1. The findings and recitals outlined above are found to be true and
correct and are hereby adopted and approved.
SECTION 2. A portion of the unimproved East 8th Street, located east of Elm
Street, within the perimeter fence of the Compress Property, containing approximately
0.245 acres of land situated within Tracts F and G, Compress Addition, an addition to the
City of Plainview, Hale County, Texas, being a replat of Lots 7-8, Block 1 and Lots 3-8,
Block 2, A.L. Maupin Addition, and all of Block 10, Nob -Hill Addition, to the City of
Plainview, Hale County, Texas, (Plat Book 2025-002086 A.C.P.R.) (the "Street"), as more
specifically described in Exhibit "A" attached hereto and incorporated herein by
reference, be closed, vacated and abandoned for alley, roadway, or street right-of-way
purposes and for public use.
SECTION 3. The Street is hereby closed, vacated, and abandoned for alley,
roadway, or street right-of-way purposes and for public use and shall revert to the
adjacent property owners as provided by law. By closing, vacating, and abandoning the
Street, the adjacent property owners are authorized to use the surface of the Street for
their general purposes, subject to a utility easement being herein reserved by the City of
Plainview, and the adjacent property owners are further charged with the upkeep and
maintenance of the surface of the Street.
SECTION 4. The City of Plainview hereby retains the right to enter over, on, and
across the Street, with the right of ingress and egress for all pedestrian and vehicular
traffic, for the purpose of constructing, installing, maintaining, altering, replacing,
repairing, relocating, and operating utilities, including, without limitation, water,
stormwater, sewer, gas, telecommunication, fire protection and suppression, and electric
distribution/transmission utilities as the City shall determine in its sole and absolute
discretion, in, on, along, and across the Street.
SECTION 5. The City Manager is hereby authorized and directed to cause the
official map of the City of Plainview to reflect such closure and abandonment and execute
any documents necessary to reflect the action taken by the City Council in this ordinance.
SECTION 6. Should any paragraph, section, sentence, phrase, clause or word of
this Ordinance be declared unconstitutional or invalid for any reason, the remainder of
this Ordinance shall not be affected thereby.
SECTION 7. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
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SECTION 8. Nothing in this ordinance shall be construed to affect any suit or
proceeding pending in any court, or any rights acquired, or liability incurred, or any cause
or causes of action acquired or existing, under any condition, act or ordinance hereby
repealed by this ordinance and such prior law is continued in effect for purposes of such
pending matter.
SECTION 9. This Ordinance shall take effect and shall be in full force from and
after its adoption and publication as provided by law.
SECTION 10. 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 by the City Council on the first reading this 24th day of June, 2025.
Passed and approved by the City Council on the second
2025. /\ i I . .
Charles Staknes,
ATTEST:
Belinda Hinojosa, City S c tary
APPROVED AS TO CONTENT:
Ted Chancellor, City Manager
All
Matthew A. Murray, City Attorney
ding this 22nd day of July,
r
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Exhibit "A"
BEING a 0.245 acre portion of East 8th Street to be Vacated, situated in Section 12, Block
M, Abstract 658, H. McClelland Survey, Hale County, Texas, and said 0.245 acre tract
being further described by metes and bounds as follows:
BEGINNING at a Point for the Southwest Corner of this tract, same being the Northwest
Corner of Lot 3, Block 2, A.L. Maupin Addition, as described in Volume 42, Page 475,
Deed Records of Hale County, Texas;
THENCE North 1 °09'09" East — 12.71 feet to a Point for the most Westerly Northwest
Corner of this tract;
THENCE South 89007'04" East — 204.20 feet to a Point for a Corner of this tract;
THENCE North 1'10'39" East — 62.23 feet to a Point in the South line of Lot 7, Block 1 of
said A.L. Maupin Addition for the most Northerly Northwest Corner of this tract, from which
a 1/2 Inch Iron Rod Found for the Southwest Corner of said Lot 7 bears North 89°02'06"
East — 4.54 feet;
THENCE South 89°02'06" East — 107.45 "feet along the South line of said Block 1, A.L.
Maupin Addition to a Point for the Northeast Corner of this tract;
THENCE South 0°54'39" West — 74.94 feet to a Point for the Southeast Corner of this
tract;
THENCE North 8900517" West — 312.00 feet along the North line of said Block 2, A.L.
Maupin Addition to the POINT OF BEGINNING and containing 0.245 acres of land, more
or less.
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