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ORDINANCE NO. 23-3748
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A
TWENTY-FOUR FOOT (24') ACCESS AND DRAINAGE EASEMENT
(ACE/DRE) LOCATED IN TRACT "C", WILCOX ADDITION, CITY OF
PLAINVIEW, HALE COUNTY, TEXAS, LOCATED AT THE 3600 BLOCK
OF OLTON RD. (HIGHWAY 70); PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR CONTINUATION OF PRIOR LAW; PROVIDING AN
EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION
WHEREAS, according to the Plat of approximately 4.30 acres approved by the
Plainview Planning and Zoning Commission which includes Tract C, Wilcox Addition, City
of Plainview, Hale County, Texas, being a Plat located in the 3600 block of Olton Rd.,
Plainview, Texas, depicts a twenty-four foot (24') wide access and drainage easement
(ACE/DRE), running North and South for access to Tract D (the "Drainage Easement");
and
WHEREAS, SB Plainview LTD. (Graco Real Estate Development), the owner of
all the real property that includes the Drainage Easement, has requested the City of
Plainview to permanently close and abandon the Drainage Easement (ACE/DRE)
referenced above; and
WHEREAS, the Plainview Planning and Zoning Commission approved the vacate
of the easement on May 25th, 2023 and the City of Plainview has confirmed that there are
no public utilities located in the Drainage Easement; and
WHEREAS, the City Council of the City of Plainview finds that the Drainage
Easement described in the body of this Ordinance is no longer needed for easement
purposes and for public use and it would be beneficial for the public interest to close such
dedicated easements, as expressly provided herein;
NOW THEREFORE, THE CITY OF PLAINVIEW, TEXAS, HEREBY ORDAINS THAT:
SECTION 1. The twenty-four foot (24') wide ACE/DRE, running North and South
Tract C Wilcox Addition, City of Plainview, Hale County, Texas, being a plat located in the
3600 block of Olton Rd., Plainview, Texas as depicted in Exhibit A attached hereto and
incorporated herein, be closed, vacated and abandoned for access and drainage
purposes and for public use.
SECTION 2. The City Manager is hereby authorized and directed to cause the
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.
Ord. No. 23-3748 Drainage Easement Closure Page 1 of 3
253
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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 13th day of June, 2023.
Passed and approved on second reading this 27th day of June, 2023.
ATTEST:
Belinda Hinojosa, City Stcr tary
APPROVED AS TO CONTENT:
��v
Jeffrey SA4e , Manager
APPROVED AS TO FORM:
0 e,
Matt Iblade, City Attorney
Ord. No. 23-3748 Drainage Easement Closure
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254
EXHIBIT A
A CLOSURE OF A PORTION OF AN
ACCESS AND DRAINAGE EASEMENT,
I.00:ATED IN TRACT "C", AILCOX ADDITION,
AN ADDI"I")ON T'O THE CITY OF PLAINV IM,
H AI.F. COUNTY, TEXAS
MFDIC.WDTNTR.C,FS.4"77moC0T1'm..an.COY LDMTION,
IN H.ALE COUNTY, TIOLAUS ACCORDING TO THR ALV N_.T .A.ND
OR DKDICA I'I(IN DEW RF.(YINDCD IA (Ot N'n (IX.RKS FILL
NLBUCR 1821co8448 OF THE OkmcmL PLBIJC WXMIS q
LL., r COL�NII, 7ILYASI
/ Js
TRACT D"
ems89.
/ NORTHING: 7.494 .163.52
/ EASTING: 986.433.40
/ THE S6C TINES, SEARS
i Of SECTION 28. BEARS
i. S.89-16'40-E. 1703.3Y AND
1� 4f w i NAO'4320'E. FROM TIRS
POINT.
• AAA 1K 4 6 11 �� �� �^ /
I pj oil
A,
/ tp to,' ?
R = 15.00' 011
L - 23.56'
A = 90'00'00" / / R 15.0IT
CH=21.21' / L.23.56
N.55'34'50'E.� A 90.00W
IN CH - 21.21'
Sjp,wC,\ S.24"25'1O"E.
54
��f•n'f44
noAal, +0 i
k� �r, � 4•,P � 4
LEGEND.
SCALE: I-5D
10' Sa
0' 25: Op
HEAVY LINES INDICATE LIMITS OF SURVEY.
CCFN " COUNTY CLERKS FILE NUMBER.
PSD • PLAT 8 DEDICATION.
.ACE. ACCESS EASEMENT
DRE "DRAR(AGE EASEMENT.
RO-W RIGHT OF WAY
UE"UTILITY EASEMENT.
UUE = UNDERGROUND UTILITY EASEMENT.
BEARINGS ARE RELATIVE TO THE TEXAS COORDINATE SYSTEM
OF I (2011), TEXAS NORTH CENTRAL ZONE RELATIVE TO A
POINT OF ORKM AT NORTHING. 7.494.301.678 AND EASTING:
988539.478. WITH A CONVERGENCE ANGLE OF-1`48'15.8S TO
TRUE NORTH .HID A COMBINED SCALE FACTOR OF 0SM1118.
COORDINATES SHOWN HEREON ARE BASED ON THE TEXAS
COORDINATE SYSTEM OF 1963120111, TEXAS NORTH CENTRAL
ZONE. DISTANCES ARE AT SURFACE. N U.S. SURVEY FEET
PREPARED JULY 14 2022
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Ord. No. 23-3748
Drainage Easement Closure
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