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ORDINANCE NO. 23-3743
AN ORDINANCE ABANDONING AND CLOSING TWO TWENTY FOOT
(20') ALLEYS LOCATED ON TRACT E, COMPRESS ADDITION, CITY
OF PLAINVIEW, HALE COUNTY, TEXAS BEING A REPLAT OF BLOCK
1 AND 2, NOB HILL ADDITION, CITY OF PLAINVIEW, HALE COUNTY,
TEXAS LOCATED BETWEEN JUNIPER STREET AND MILWEE
STREET AND EAST 7T" STREET AND EAST 6T" STREET, PLAINVIEW,
TEXAS AS DETAILED IN THE PLAT FILED WITH THE HALE COUNTY
CLERK; 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; PROVIDING FOR CONTINUATION
OF PRIOR LAW; PROVIDING AN EFFECTIVE DATE; AND PROVIDING
FOR PUBLICATION
WHEREAS, according to the replat of approximately 3.30 acres approved by the
Plainview Planning and Zoning Commission Case File No. P-23-04, Tract E, Compress
Addition, City of Plainview, Hale County, Texas, being a replat of Block 1 and 2, Nob Hill
Addition, City of Plainview, Hale County, Texas located between Juniper Street and
Milwee Street and East 7th Street and East 6th Street, Plainview, Texas, depicts two twenty
foot (20) wide alleys, one running East and West and the other running North and South
for a property that was originally planned to be residential development as further
depicted in the replat attached hereto as Exhibit A and incorporated herein as though set
forth fully herein ("Alley Rights -of -Way"); and
WHEREAS, Louis Dreyfus Co. LLC, the owner of all the real property that includes
the Alley Rights -of -Way, has requested the City of Plainview to permanently close and
abandon the Alley Rights -of -Way referenced above with ownership, control, upkeep and
repairs reverting to the property owner to be used for their own purposes; and
WHEREAS, the City of Plainview has confirmed that there are no public utilities
located in the Alley Rights -of -Way; 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
WHEREAS, the City Council of the City of Plainview finds that the dedicated public
rights -of -way and street described in the body of this Ordinance is no longer needed for
right-of-way purposes and for public use and it would be beneficial for the public interest
to close such dedicated public rights -of -way and street and for public use, as expressly
provided herein;
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162
NOW THEREFORE, THE CITY OF PLAINVIEW, TEXAS, HEREBY ORDAINS THAT:
SECTION 1. The two twenty foot (20') wide alleys, one running East and West and
the other running North and South Tract E, Compress Addition, City of Plainview, Hale
County, Texas, being a replat of Block 1 and 2, Nob Hill Addition, City of Plainview, Hale
County, Texas located between Juniper Street and Milwee Street and East 7th Street and
East 6th Street, Plainview, Texas as depicted in the replat attached hereto as Exhibit A
and incorporated herein as though set forth fully herein (the "Alley Rights -of -Way"), be
closed, vacated and abandoned for alley or right of way purposes and for public use.
SECTION 2. 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 3. 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 4. 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 5. This Ordinance shall take effect and shall be in full force from and
after its adoption and publication as provided by law.
SECTION 6. 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 on first reading this 28th day of March, 2023.
Passed and approved on second reading this 11 th day of April, 2023.
ATTEST:
.�iGG4•Gtk/
Belinda Hinojosa, City SedY6tary
Ord. No. 23-3743 Closing Fir Street — Louis Dreyfus
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163
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APPROVED AS TO CONTENT:
A
Jeffrey SnxQe Vanager
APPROVED AS TO FORM:
Matt ew L. Wa e, City Attorney
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164
EXHIBIT A
Street being closed and abandoned
1) A twenty (20') foot wide alleyway, running east -west through Block 22, Rose Heights
Addition to the City of Plainview, Dawson County, Texas, as shown on the plat recorded in Plat
Cabinet Slide 113, Plat Records, Dawson County, Texas.
2) A twenty (20') foot wide alleyway, running east -west through Block 23, Rose Heights
Addition to the City of Plainview, Dawson County, Texas, as shown on the plat recorded in Plat
Cabinet Slide 113, Plat Records, Dawson County, Texas.
3) A seventy-five and one-half (75.5') foot wide roadway, running north -south between, and
contiguous to, Blocks 22 and 23, Rose Heights Addition to the City of Plainview, Dawson
County, Texas, as shown on the plat recorded in Plat Cabinet Slide 113, Plat Records, Dawson
County, Texas. The said roadway originally known as Travis Boulevard (now known as North
Avenue F), with the section being abandoned being between North 15th Street (now known as
North 17`h Street) and North 14`h Street (now known as North 16t' Street).
4) A seventy-six and one-half (76.5') foot wide roadway, running east -west between, and
contiguous to, Blocks 18, 20, 22 and 23, Rose Heights Addition to the City of Plainview,
Dawson County, Texas, as shown on the plat recorded in Plat Cabinet Slide 113, Plat Records,
Dawson County, Texas. The said roadway originally known as North 14`s Street (now known as
North 16`h Street), with the section being abandoned being between Wasson Street (now known
as North Avenue G) and Houston Street.
5) A sixty (60') foot wide roadway, running north -south between, and contiguous to, Blocks 18
and 20, Rose Heights Addition to the City of Plainview, Dawson County, Texas, as shown on the
plat recorded in Plat Cabinet Slide 113, Plat Records, Dawson County, Texas. The said roadway
originally known as Travis Boulevard (now known as North Avenue F), with the section being
abandoned being between North 14t' Street (now known as North 16`h Street) and North 13t'
Street (now known as North 15`h Street).
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