HomeMy WebLinkAbout17-3649 ordD
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ORDINANCE NO. 17- 3649
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, 1N 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 Govemment Code.
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162
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 68.55 acre tract out of the North part of the NW/4 (as held)
of Survey 35, Block JK -2, Hale County, Texas consisting of the following:
(Tract A)
64.57 acres, including part of Ennis Street and tumrows along the North and
East lines;
(Tract B) (36th Street, from Ennis to Canyon Streets)
A 2.18 acre portion out of the North part of an unrecorded 2.564 acre (60'
wide) tract described November 16, 1979 for future street dedication, said
tract is traveled by the public, shown on city and tax maps and referenced
in adjoining deeds;
(Tract C) (36th Street from Canyon to Xenia Streets)
A 1.8 acre portion out of the North part of an unrecorded 2.477 acre (60' wide)
tract described December 1, 1981 for future street dedication, said tract is
traveled by the public, shown on city and tax maps and referenced in adjoining
deeds:
BEGINNING at a point on the West side of a steel "I" beam (1/2" rod
not recovered) in the center of County Road U, said point being the NW
corner of Survey 35, Block JK -2, Hale County, Texas and the SW comer of
a 1.68 acre tract out of Survey 36, Block JK -2 as recorded in Volume 765,
Page 459 of the Hale County Deed Records, from which a found 1 '/4 pipe
bears North 2.5 feet;
Thence South 1063.6 feet along the West line of Survey 35 (Ennis
Street) to a 518" rod found for the NW corner of Tract B;
Thence South 60 feet to a 5/8" rod detected for the SW corner of
Tract B and the NW comer of a 1.274 acre tract as recorded in Document
No. 2011-001579 OPR;
Thence N. 89°54 2T E. along the South line of Tract B, at 308.2 feet
pass the NE corner of said 1.274 acre tract, at 439.2 feet pass the NE comer
of a 0.541 acre tract (Volume 902, Page 78 OPR), in all, 1111.67 feet to a
'/z rod set for a point of curvature in the North line of the remaining 14.037
acres of an original 14.528 acre tract (Volume 658, p.461, HCDR);
Thence continuing along the Northeasterly line of said remainder and
the Southwesterly line of Tract B an arc length of 424.55 feet around a curve
Ord. 17 -3649 Page 2 of 5
163
to the right with a radius of 270 feet and a chord bearing S.45°0246 E.
382.15 feet to a set 4 rod for a point of tangency;
Thence East 60 feet across Canyon Street and along the North line
of a private easement recorded in Volume 994, p. 806, OPR, to a tall bent
2' pipe in concrete for a point of curvature in the West line of the Wilson 5
acre tract recorded in Volume 994, Page 804 OPR;
Thence an arc length of 229.67 feet along the East line of Tract B
and the West line of said 5 acres, around a curve to the left with a radius of
330 feet and a chord bearing N. 19°56' 18"W. 225.07 feet to a 318" rod found
for the NW comer of said 5 acres and the SW comer of Tract C;
Thence an arc length of 157.76 feet along the South line of Tract C
and the North line of said 5 acres around a curve to the right with a radius
of 200.87 feet and a chord bearing N.67°24 27 E. 153.74 feet to a 318' rod
found for a point of tangency in the North line of said 5 acres and the South
line of Tract C;
Thence N.89°54' 2T' E., at 365.54 feet pass the NE corner of said 5
acre tract and the NW comer of a 7.897 acre tract as recorded in Volume
711, Page 615 HCDR, in all, 1068.57 feet to a 3/8' rod found for the NE
corner of said 7.897 acre tract in the West line of proposed Xenia Street;
Thence N.89°54 27" E.60 feet across proposed Xenia Street to a '/2
rod set in the East line of said NW/4 for the SE comer of Tract C;
Thence N.0°01' 06W. 60 feet to a 1,4 rod found for the NE corner of
Tract C;
Thence N.0°0106W. 1063.2 feet to a 5/8' rod found for the NE corner
of said NW/4;
Thence S.89°55' W. 2635.51 feet to the POINT OF BEGINNING.
SECTION 111
The Mayor is hereby authorized to sign all legal documentation necessary to
convey the City -owned property described above to Hale County, Texas, pursuant to the
Agreement and Texas Local Government Code, Section 272.001 (Vemon'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.
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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.
PASSED AND APPROVED on first reading this 14th day of February, 2017.
PASSED AND APPROVED on second reading this 28th day of February, 2017.
"-441
Wendell Dunlap, Mayor
ATTEST:
/7464‘,04)
Belinda Hinojosa, City Secreta
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APPROVED AS TO CONTENT:
Jeff "rSnyde Pity Manager
APPROVED AS TO FORM:
Leslie Spear Sch idt, City Attomey
Ord. 17 -3649 Page 5 of 5
166
Exhibit "A"
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.
GENERAL 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 ONE HUNDRED FIVE
THOUSAND FOUR HUNDRED TWENTY-FIVE AND 40/100 DOLLARS ($105,425.40), the
receipt and sufficiency of which is hereby acknowledged, Grantor hereby grants, sells, and
conveys to Grantee the following described Property:
Being a 68.55 acre tract out of the North part of the NW/4 (as held) of
Survey 35, Block JK -2, Hale County, Texas consisting of the following:
(Tract A)
64.57 acres, including part of Ennis Street and tumrows along the North and East
lines;
(Tract B) (36111 Street, from Ennis to Canyon Streets)
A 2.18 acre portion out of the North part of an unrecorded 2.564 acre (604 wide
tract described November 16, 1979 for future street dedication, said tract is
traveled by the public, shown on city and tax maps and referenced in adjoining
deeds;
(Tract C) (36" Street from Canyon to Xenia Streets)
A 1.8 acre portion out of the North part of an unrecorded 2.477 acre (60 wide) tract
described December 1, 1981 for future street dedication, said tact is traveled by the
public, shown on city and tax maps and referenced in adjoining deeds:
BEGINNING at a point on the West side of a steel "1" beam (117 rod not
recovered) in the center of County Road U, said point being the NW comer of
Survey 35, Block JK -2, Hale County, Texas and the SW corner of a 1.68 acre
tract out of Survey 36, Block JK -2 as recorded in Volume 765, Page 459 of the
Hale County Deed Records, from which a found 1 1/4" pipe bears North 2.5 feet;
General Warranty Deed- 68.55 acres Page 1 of 3
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167
Thence South 1063.6 feet along the West line of Survey 35 (Ennis Street)
to a 5/8 rod found for the NW corner of Tract B;
Thence South 60 feet to a 518 rod detected for the SW comer of Tract B
and the NW corner of a 1.274 acre tract as recorded in Document No. 2011-
001579 OPR;
Thence N. 89°54 27 E. along the South line of Tract B, at 308.2 feet pass
the NE comer of said 1.274 acre tract, at 439.2 feet pass the NE corner of a 0.541
acre tract (Volume 902, Page 78 OPR), in all, 1111.67 feet to a F rod set for a
point of curvature in the North line of the remaining 14.037 acres of an original
14.528 acre tract (Volume 658, p.461, HCDR);
Thence continuing along the Northeasterly line of said remainder and the
Southwesterly line of Tract B an arc length of 424.55 feet around a curve to the
right with a radius of 270 feet and a chord bearing S.45°0746 E. 382.15 feet to a
set's rod for a point of tangency;
Thence East 60 feet across Canyon Street and along the North line of a
private easement recorded in Volume 994, p. 806, OPR, to a tall bent 7 pipe in
concrete for a point of curvature in the West line of the Wilson 5 acre tract
recorded in Volume 994, Page 804 OPR;
Thence an arc length of 229.67 feet along the East line of Tract B and the
West line of said 5 acres, around a curve to the left with a radius of 330 feet and a
chord bearing N. 19°5618 W. 225.07 feet to a 318 rod found for the NW corner of
said 5 acres and the SW corner of Tract C;
Thence an arc length of 157.76 feet along the South line of Tract C and the
North line of said 5 acres around a curve to the right with a radius of 200.87 feet
and a chord bearing N.67°24 27 E. 153.74 feet to a 3/8 rod found for a point of
tangency in the North line of said 5 acres and the South line of Tract C;
Thence N.89°54' 27" E., at 365.54 feet pass the NE corner of said 5 acre
tract and the NW corner of a 7.897 acre tract as recorded in Volume 711, Page
615 HCDR, in all, 1068.57 feet to a 3/8 rod found for the NE corner of said 7.897
acre tract in the West line of proposed Xenia Street;
Thence N.89°54 27" E.60 feet across proposed Xenia Street to a %, rod set
in the East line of said NW/4 for the SE corner of Tract C;
Thence N.0°01' 06W. 60 feet to a W rod found for the NE corner of Tract
C;
Thence N.0°011:16W. 1063.2 feet to a 5/8 rod found for the NE corner of
said NW/4;
Thence S.89°55' W. 2635.51 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.
General Warranty Deed- 68.55 acres Page 2 of 3
168
When the context requires, singular nouns and pronouns include the plural, and the use of
any gender shall include all genders.
Effective this l Si- day of hlcf-dh , 2017.
GRANTOR:
CITY OF PLAINVIEW
�Dm
nde 1ap,Mayo_
STATE OF TEXAS
COUNTY OF HALE
Subscribed and sworn before me on the 1 SI' day of f''a
2017, 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.
GRACE DERRICK
Notary 10 .1801011033
My Conunission Eupkn
Frbrwry 0.2019
Cam De-rn.
Notary Public, State of Texas
General Warranty Deed- 68.55 acres Page 3 0(3