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Home My WebLink About18-3674 ord382 ORDINANCE NO. 18-3674 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. Ord. 18-3674 Page 1 of 5 383 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 37.54 acre tract out of the North part of a 51.63 acre tract recorded in Volume 813, page 287 of the Hale County Deed Records out of the Northeast part of Survey 35, Block JK -2, Hale County, Texas, and being described as follows: BEGINNING at a 1/2" rod set in the West right of way of Interstate Highway 27 (Highway right of way recorded in Volume 653, page 968 of the Hale County Deed Records) for the NE corner of said 51.63 acre tract, said rod being in the North line and 291.89 feet N.89°57' W. (measured N.89°55'55"W.) of the NE corner of Survey 35, Block JK -2 Hale County, Texas; THENCE along said right of way as follows: S.5°14'56"W. 88.3 feet to a point; S.47°33'10"W., at 2.5 feet pass a found 1/2" rod, in all, 563.58 feet (measured S.47°35'40"W. 563.41 feet) to a found 1/2" rod; S.45°00'07"W. (measured S.45°04'25"W.) 300 feet to a found 1/2" rod; S.41 °38'08"W. (measured S.41 °31'40"W.) 353.96 feet to a 1/2" rod found in the North line of a BT -OH, LLC. (UPS) tract as recorded in Volume 786, page 147 (called 955) of the Hale County Deed Records; Thence S.89°27'07"W. 336.81 feet along the North line of said tract to a found spike; Thence N.0°32'53"W. 200 feet (measured 199.85 feet) to a 5/8" rod found for the most Northerly NE corner of said tract; Thence S.89°27'07"W. 250 feet (measured 250.23 feet) to a 5/8" rod found for the NW corner of said tract; Thence S.0°32'53"E. 250 feet to a 5/8" rod found in the North line of a 14.08 acre tract recorded in Volume 1004, page 5703 of the Official Public Records of Hale County, Texas for SW corner of said BT -OH tract; Thence S.89°27'07"W. 328.6 feet to a 1/2" rod found for a "L" corner of said 14.08 acre tract; Thence N.0°01'40"E. 355.2 feet to a 1/2" rod found for the most Northerly NE corner of said 14.08 acre tract; Ord. 18-3674 Page 2 of 5 384 Thence N.89°52'10"W. 570 feet to a 1/2" rod found in the East line of a City of Plainview 68.55 acre tract as recorded in Document 2015-001522 of the Official Public Records of Hale County, Texas (called a Jack James tract as recorded in Volume 843, page 567 of the Hale County Deed Records) and the West line of said 51.63 acre tract for the NW comer of said 14.08 acre tract; Thence N.0°01'40"E. 649.28 feet (measured N.0°03'50"E. 649.57 feet) to a 5/8" rod found in the North line said Survey 35 for the NW corner of said 51.63 acre tract; Thence S.89°57'E. 2355.65 feet (measured S.89°55'55"E. 2355.1 feet) along the North line of said. Survey 35 to the POINT OF BEGINNING and containing 37.54 acres; 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. 18-3674 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 13th day of March, 2018. PASSED AND APPROVED on second reading this 27th day of March, 2018. ATTEST: ,.dam Belinda Hinojosa, City S/4"2( r APPROVED AS Ti CONTENT: Jeffrey Ord. 18-3674 ity Manager Wendell Dunlap, Mayor Page 4 of 5 385 386 APPROVED AS TO FORM: • Marcus Norris, City Attorney Ord. 18-3674 Page 5 of 5 387 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU AREA 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 EIGHTY-THREE THOUSAND EIGHTY-THREE AND 85/100 DOLLARS ($83,083.85), 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 37.54 acre tract out of the North part of a 51.63 acre tract recorded in Volume 813, page 287 of the Hale County Deed Records out of the Northeast part of Survey 35, Block JK -2, Hale County, Texas, and being described as follows: BEGINNING at a 1/2" rod set in the West right of way of Interstate Highway 27 (Highway right of way recorded in Volume 653, page 968 of the Hale County Deed Records) for the NE corner of said 51.63 acre tract, said rod being in the North line and 291.89 feet N.89°57' W. (measured N.89°55'55"W.) of the NE comer of Survey 35, Block JK -2 Hale County, Texas; THENCE along said right of way as follows: S.5°14'56"W. 88.3 feet to a point; S.47°33'10"W., at 2.5 feet pass a found 1/2" rod, in all, 563.58 feet (measured S.47°35'40"W. 563.41 feet) to a found 1/2" rod; S.45°00'07"W. (measured S.45°04'25"W.) 300 feet to a found 1/2" rod; S.41 °38'08"W. (measured S.41°3 l'40"W.) 353.96 feet to a 1/2" rod found in the North line of a BT -OH, LLC. (UPS) tract as recorded in Volume 786, page 147 (called 955) of the Hale County Deed Records; Thence S.89°27'07"W. 336.81 feet along the North line of said tract to a found spike; Special Warranty Deed- 37.54 acres Page 1 of 3 388 Thence N.0°32'53"W. 200 feet (measured 199.85 feet) to a 5/8" rod found for the most Northerly NE corner of said tract; Thence S.89°27'07"W. 250 feet (measured 250.23 feet) to a 5/8" rod found for the NW corner of said tract; Thence S.0°32'53"E. 250 feet to a 5/8" rod found in the North line of a 14.08 acre tract recorded in Volume 1004, page 5703 of the Official Public Records of Hale County, Texas for SW comer of said BT -OH tract; Thence S.89°27'07"W. 328.6 feet to a 1/2" rod found for a "L" corner of said 14.08 acre tract; Thence N.0°01'40"E. 355.2 feet to a 1/2" rod found for the most Northerly NE corner of said 14.08 acre tract; Thence N.89°52'10"W. 570 feet to a 1/2" rod found in the East line of a City of Plainview 68.55 acre tract as recorded in Document 2015-001522 of the Official Public Records of Hale County, Texas (called a Jack James tract as recorded in Volume 843, page 567 of the Hale County Deed Records) and the West line of said 51.63 acre tract for the NW corner of said 14.08 acre tract; Thence N.0°01'40"E. 649.28 feet (measured N.0°03'50"E. 649.57 feet) to a 5/8" rod found in the North line said Survey 35 for the NW corner of said 51.63 acre tract; Thence S.89°57'E. 2355.65 feet (measured 5.89°55'55"E. 2355.1 feet) along the North line of said Survey 35 to the POINT OF BEGINNING and containing 37.54 acres; 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. When the context requires, singular nouns and pronouns include the plural, and the use of any gender shall include all genders. Special Warranty Deed- 37.54 acres Page 2 of 3 Effective this.=91 ' day of Ma►cil , a GRANTOR: CITY OF PLAINVIEW Wendell Dunlap, Mayor STATE OF TEXAS COUNTY OF HALE Subscribed and sworn before me on the •91* day of March, 2018, 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. BELINDA HINOJOSA NOTARY PUBLIC STATE OF TEXAS ID # 644428-1 My Comm. Expires 04-28-2021 /'2.L f.&7 Notary Public, State of Special Warranty Deed- 37.54 acres Page 3 of 3 389