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Home My WebLink AboutOrdinance - 2026-O0038 - Abandon/Close Alley, J.J. Dillard Addition In Section 7, Block B, Lubbock Co. - 04/14/2026First Reading Second Reading - � March 24, 2026 April 14, 2026 =� Item No. 6.6 Item No. 6.7 � p ORDINANCE NO. 2026-O0038 ' � � AN ORDINANCE ABANDONING AND CLOSING PORTION OF AN ALLEY i� CLOSURE LOCATED WITHIN J.J. DILLARD ADDITION IN SECTION 7, BLOCK B, � N LUBBOCK COUNTY, TEXAS, BETWEEN AVENUE A AND AVENUE B, ■� o IMMEDIATELY NORTH OF 30T" STREET, DEPICTED AND MORE PARTICULARLY � o DESCRIBED IN THE BODY OF, AND ATTACHMENTS TO, THIS ORDINANCE; � DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY r- TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS � CLAUSE; AND PROVIDING FOR PUBLICATION. � ■'� WHEREAS, the City Council finds that the alley hereinafter described in the body of ■� this Ordinance is no longer needed for public use; and it would be in the public interest to � close, vacate and abandon the same for public use; NOW THCREFORE: � BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: � SECTION 1. THAT the alley, the area of which is more particularly described in the attached Exhibit "A", shall BE and is hereby closed, vacated and abandoned. SECTION 2. THAT the City Engineer is hereby authorized and directed to mark the official maps of the City of Lubbock to reflect said abandonment and closing, showing the number of this Ordinance and the date of its final passage. SECTION 3. THA"f should any section, paragraph, 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. THAT the City Secretary of the City of Lubbock is hereby authorized and directed to cause publication of the descriptive caption of this Ordinance as an alternative method provided by law. AND IT IS SO ORDERED. Passed by the City Council on March 24, 2026 �� Passed by the City Council on second reading on April 14, 2026 �! `� �� r MARK W. MCBRAYER, MAYOR � FILED AND RECORDED OFFICIAL PUBLIC RECORDS * , ; ( �c�t/ Kelly Pinion County Clerk Lubboek Coun�y TEXAS 04/20/2026 03:�7 PM FEE: g37.00 2026014257 (� i �� . �,�,d��v �.-f� • ,� �''� � � �w►�� 2026014258 4 PGS EASE �� Q�� K�� THE STATE OF TEXAS COUNTY OF LUBBOCK UTILITY EASEMENT � § KNOW ALL MEN BY THESE PRESENTS That TX AZ, LLC, a Texas limited liability company, and LUBBOCK MOONLIGHT MUSICALS, INC., a Texas nonprofit corporation, collectively herein called "Grantor", for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) to Grantor in hand paid by the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, of Lubbock County, Texas, the receipt and sufficiency of which is hereby acknowledged and confessed, and for the further benefits accruing and to accrue to the remainder of Grantor's property, has by these presents GRANTED, BARGAINED, SOLD and CONVEYED, and by these presents does GItANT, BARGAIN, SELL and CONVEY unto the CITY OF LUBBOCK, TEXAS, its respective representatives, franchisees, licensees, agents, contractors, successors and assigns (herein "Permitted Users"), for the use of the public as perpetual and permanent utilities easement, the free and uninterrupted use, liberty of passage in, along, on, over, upon, under and across the tract of land more particularly described in the attached Exhibit "A" ("Easement Area"), together with all rights of ingress, egress and regress at any and all times to accomplish the following purposes: allowing, but not limited to, constructing, reconstructing, repairing and perpetually maintaining any and all types of underground water lines, sewer lines, gas pipe lines, telephone and telecommunication lines, electric transmission lines and any other type of public utility, whether named herein or not, which easement includes at all times and seasons the right of ingress, egress and regress of motor vehicles and personnel engaged either in such construction and repair of the reading of ineters. The easement herein shall entitle Permitted Users the right to remove or repair any lines within such Easement Area as may be determined by utility companies. If the Easement Area is fenced, a gate shall be provided to allow reasonable and immediate access to the Easement Area from public right-of-way as may be needed by any Permitted User for maintenance or repairs. If a lock is placed on the gate, it shall be an industry-standard lock (i.e. Knox Box or similar) approved by the City of Lubbock able to be immediately opened by Permitted Users. In order to assure the CITY OF LUBBOCK, TEXAS and Permitted Users, its successors and assigns, of continuing access and enjoyment of said easement, the said Grantor does hereby expressly agree not to erect, build, or otherwise allow to be constructed any building or like permanent structure, or place or allow placement of any items, materials or landscaping in the easement area which would impede the Permitted Users' ability to immediately and reasonably access their utilities over the Easement Area. Should such building or structure be erected or said items, materials or landscape be placed over the Easement Area, it is understood that the CITY OF LUBBOCK, TEXAS and Permitted Users shall have the right to remove said building, structure, items, materials, or landscaping from the Easement Area. Grantor shall have the right to place pavement and park vehicles within the Easement Area. Utility Easement Swinney, Ray Page 1 of2 FILED AND RECORDED OFFICIAL PUBLIC RECORDS ,* i, . , r• C . Kelly Pinion County Clerk Lubbock Coun�y TEXAS 04/20/2026 03:d7 PM FEE: g33.00 2026014258