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ORDINANCE NO. 17- 3669
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, IN 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 Government Code.
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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:
A 14.194 ACRE TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER OF
SECTION 35, BLOCK JK -2, G.C. & S.F. RR. CO. SURVEY, ABSTRACT NUMBER 29,
HALE COUNTY, TEXAS, BEING A PORTION OF THAT CERTAIN TRACT OF LAND
CONVEYED TO J.A. CATE, J.A. CATE, JR. AND JERRELL T. CATE DESCRIBED IN A
DEED RECORDED IN VOLUME 171, PAGE 557 OF THE DEED RECORDS OF HALE
COUNTY, TEXAS, SAID 14.194 ACRE TRACT BEING FURTHER DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A 1/2" IRON ROD FOUND IN THE WEST LINE OF THE NORTHEAST
QUARTER OF SAID SECTION 35 AND THE EAST LINE OF A 139.2 TRACT OF LAND
CONVEYED TO THE R. JACK JAMES NO. 2 LIMITED PARTNERSHIP, DESCRIBED IN
A DEED RECORDED IN VOLUME 843, PAGE 567 OF THE DEED RECORDS OF HALE
COUNTY, TEXAS, AT THE SOUTHWEST CORNER OF A 14.084 ACRE TRACT OF
LAND CONVEYED TO THE CITY OF PLAINVIEW, DESCRIBED IN A SPECIAL
WARRANTY DEED RECORDED IN COUNTY CLERK'S FILE NUMBER 2014-004297
OF THE OFFICIAL PUBLIC RECORDS OF HALE COUNTY, TEXAS, FOR THE
NORTHEAST CORNER OF THIS TRACT, SAID BEGINNING POINT HAVING
COORDINATES OF NORTHING: 7,504,144.87 AND EASTING: 990,892.46, TEXAS
COORDINATE SYSTEM OF 1983, NORTH CENTRAL ZONE 4202, WHENCE THE
NORTHEAST CORNER OF SAID SECTION 35 BEARS N. 00° 42' 29" E. A DISTANCE
OF 1324.50 FEET AND N. 89° 16' W. A DISTANCE OF 2648.00 FEET, PER CALLS IN
PREVIOUS DEEDS;
THENCE S. 89° 11' 41" E. A DISTANCE OF 1110.97 FEET TO A 1/2" IRON ROD FOUND
AT THE SOUTHEAST CORNER OF SAID 14.084 ACRE TRACT, IN THE NORTHWEST
RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 27 AS DESCRIBED IN A
JUDGMENT RECORDED IN VOLUME 387, PAGE 485 OF THE DEED RECORDS OF
HALE COUNTY, TEXAS, FOR THE NORTHEAST CORNER OF THIS TRACT,
WHENCE A 1/2" IRON ROD FOUND IN THE NORTHWEST RIGHT-OF-WAY LINE OF
SAID INTERSTATE HIGHWAY 27 BEARS N. 45° 38' 06" E. A DISTANCE OF 461.58
FEET;
THENCE S. 45° 38' 06" W., ALONG THE NORTHWEST RIGHT-OF-WAY LINE OF SAID
INTERSTATE HIGHWAY 27, A DISTANCE OF 1262.68 FEET TO A 1/2" IRON ROD
WITH A CAP MARKED "PSC RPLS 6453" SET AT A POINT OF INTERSECTION FOR
A CORNER OF THIS TRACT;
THENCE S. 47° 25' 53" W., ALONG THE NORTHWEST RIGHT-OF-WAY LINE OF SAID
INTERSTATE HIGHWAY 27, A DISTANCE OF 301.14 FEET TO A 5/8" IRON ROD
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320
FOUND AT THE SOUTHEAST CORNER OF SAID 139.2 ACRE TRACT FOR THE
SOUTHWEST CORNER OF THIS TRACT, SAID SOUTHWEST CORNER HAVING
COORDINATES OF NORTHING: 7,503,042.73 AND EASTING: 990,878.84, TEXAS
COORDINATE SYSTEM OF 1983, NORTH CENTRAL ZONE 4202, WHENCE A 1/2"
IRON PIPE FOUND IN THE NORTHWEST RIGHT-OF-WAY LINE OF SAID
INTERSTATE HIGHWAY 27 BEARS S. 47° 25' 53" W. A DISTANCE OF 323.38 FEET;
THENCE N. 00° 42' 29" E., ALONG THE WEST LINE OF THE NORTHEAST QUARTER
OF SAID SECTION 35 AND THE EAST LINE OF SAID 139.2 ACRE TRACT, AT A
DISTANCE OF 754.33 FEET PASS A FOUND 5/8" IRON ROD, CONTINUING FOR A
TOTAL DISTANCE OF 1102.31 FEET TO THE POINT OF BEGINNING. BEARINGS
ARE GRID BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM OF 1983,
NORTH CENTRAL ZONE 4202. CONVERGENCE ANGLE IS -01° 45' 49" TO TRUE
NORTH BEARINGS. DISTANCES ARE AT SURFACE.
SECTION III
The Mayor is hereby authorized to sign all legal documentation necessary to
convey the undivided one-half interest in the City -owned property described above to
Hale County, Texas, pursuant to the Agreement and Texas Local Government Code,
Section 272.001 (Vernon'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.
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.
Ord. 17 -3669 Page 3 of 5
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 12th day of December, 2017.
PASSED AND APPROVED on second reading this 21st day of December, 2017.
ATTEST:
//
4-114-
Belinda Hinojosa, City S et
APPROVED AS TO C NTENT:
e re ity Manager
Ord. 17 -3669
>1)a'aeCo,
en e n p, Mayor
Page 4 of 5
321
322
APPROVED AS TO FORM:
Marcus Norris, City Attorney
Ord. 17 -3669 Page 5 of 5
323
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.
SPECIAL 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 THIRTY-EIGHT THOUSAND NINE
HUNDRED FOURTEEN AND 11/100 DOLLARS ($38,914.11), the receipt and sufficiency of
which is hereby acknowledged, Grantor hereby grants, sells, and conveys to Grantee the following
described Property:
An undivided one-half interest in a 14.194 ACRE TRACT OF LAND LOCATED
IN THE NORTHEAST QUARTER OF SECTION 35, BLOCK JK -2, G.C. & S.F.
RR. CO. SURVEY, ABSTRACT NUMBER 29, HALE COUNTY, TEXAS,
BEING A PORTION OF THAT CERTAIN TRACT OF LAND CONVEYED TO
J.A. CATE, J.A. CATE, JR. AND JERRELL T. CATE DESCRIBED IN A DEED
RECORDED IN VOLUME 171, PAGE 557 OF THE DEED RECORDS OF
HALE COUNTY, TEXAS, SAID 14.194 ACRE TRACT BEING FURTHER
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A 1/2" IRON ROD FOUND IN THE WEST LINE OF THE
NORTHEAST QUARTER OF SAID SECTION 35 AND THE EAST LINE OF A
139.2 TRACT OF LAND CONVEYED TO THE R. JACK JAMES NO. 2
LIMITED PARTNERSHIP, DESCRIBED IN A DEED RECORDED IN
VOLUME 843, PAGE 567 OF THE DEED RECORDS OF HALE COUNTY,
TEXAS, AT THE SOUTHWEST CORNER OF A 14.084 ACRE. TRACT OF
LAND CONVEYED TO THE CITY OF PLAINVIEW, DESCRIBED IN A
SPECIAL WARRANTY DEED RECORDED IN COUNTY CLERK'S FILE
NUMBER 2014-004297 OF THE OFFICIAL PUBLIC RECORDS OF HALE
COUNTY, TEXAS, FOR THE NORTHEAST CORNER OF THIS TRACT, SAID
BEGINNING POINT HAVING COORDINATES OF NORTHING: 7,504,144.87
AND EASTING: 990,892.46, TEXAS COORDINATE SYSTEM OF 1983,
NORTH CENTRAL ZONE 4202, WHENCE THE NORTHEAST CORNER OF
SAID SECTION 35 BEARS N. 00° 42' 29" E. A DISTANCE OF 1324.50 FEET
Special Warranty Deed- 14.194 acres Page 1 of 3
324
AND N. 89° 16' W. A DISTANCE OF 2648.00 FEET, PER CALLS IN
PREVIOUS DEEDS;
THENCE S. 89° 11' 41" E. A DISTANCE OF 1110.97 FEET TO A 1/2" IRON
ROD FOUND AT THE SOUTHEAST CORNER OF SAID 14.084 ACRE
TRACT, IN THE NORTHWEST RIGHT-OF-WAY LINE OF INTERSTATE
HIGHWAY 27 AS DESCRIBED IN A JUDGMENT RECORDED IN VOLUME
387, PAGE 485 OF THE DEED RECORDS OF HALE COUNTY, TEXAS, FOR
THE NORTHEAST CORNER OF THIS TRACT, WHENCE A 1/2" IRON ROD
FOUND IN THE NORTHWEST RIGHT-OF-WAY LINE OF SAID
INTERSTATE HIGHWAY 27 BEARS N. 45° 38' 06" E. A DISTANCE OF 461.58
FEET;
THENCE S. 45° 38' 06" W., ALONG THE NORTHWEST RIGHT-OF-WAY
LINE OF SAID INTERSTATE HIGHWAY 27, A DISTANCE OF 1262.68 FEET
TO A 1/2" IRON ROD WITH A CAP MARKED "PSC RPLS 6453" SET AT A
POINT OF INTERSECTION FOR A CORNER OF THIS TRACT;
THENCE S. 47° 25' 53" W., ALONG THE NORTHWEST RIGHT-OF-WAY
LINE OF SAID INTERSTATE HIGHWAY 27, A DISTANCE OF 301.14 FEET
TO A 5/8" IRON ROD FOUND AT THE SOUTHEAST CORNER OF SAID
139.2 ACRE TRACT FOR THE SOUTHWEST CORNER OF THIS TRACT,
SAID SOUTHWEST CORNER HAVING COORDINATES OF NORTHING:
7,503,042.73 AND EASTING: 990,878.84, TEXAS COORDINATE SYSTEM OF
1983, NORTH CENTRAL ZONE 4202, WHENCE A 1/2" IRON PIPE FOUND
IN THE NORTHWEST RIGHT-OF-WAY LINE OF SAID INTERSTATE
HIGHWAY 27 BEARS S. 47° 25' 53" W. A DISTANCE OF 323.38 FEET;
THENCE N. 00° 42' 29" E., ALONG THE WEST LINE OF THE NORTHEAST
QUARTER OF SAID SECTION 35 AND THE EAST LINE OF SAID 139.2
ACRE TRACT, AT A DISTANCE OF 754.33 FEET PASS A FOUND 5/8" IRON
ROD, CONTINUING FOR A TOTAL DISTANCE OF 1102.31 FEET TO THE
POINT OF BEGINNING. BEARINGS ARE GRID BEARINGS BASED ON THE
TEXAS COORDINATE SYSTEM OF 1983, NORTH CENTRAL ZONE 4202.
CONVERGENCE ANGLE IS -01° 45' 49" TO TRUE NORTH BEARINGS.
DISTANCES ARE AT SURFACE.
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 when the claim is made by, through, or under
Grantor but not otherwise.
Special Warranty Deed- 14.194 acres Page 2 of 3
325
When the context requires, singular nouns and pronouns include the plural, and the use of
any gender shall include all genders.
Effective this 21st day of December, 2017.
GRANTOR:
CITY OF PLAINVIEW
Wende 1 Dunlap, Mayor
STATE OF TEXAS
COUNTY OF HALE
Subscribed and sworn before me on the 2151 day of December, 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.
Notary Public, State of Texas
BELINDA HINOJOSA
NOTARY PUBLIC
STATE OF TEXAS
ID # 644426-1
My Comm. Expires 04-28-2021
Special Warranty Deed- 14.194 acres Page 3 of 3