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Home My WebLink AboutOrdinance - 9824-1995 - Abandon And Close Five-Foot Underground Utility Easement (Whisperwood Addition) - 07/27/1995First Reading July 27, 1995 Item #11 Second Reading August 10, 1995 Item #7 ORDINANCE NO. 9824 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A 5-FOOT UNDERGROUND UTILITY EASEMENT LOCATED IN LOT 105, WHISPERWOOD ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. WHEREAS, the City Council finds that the easement portion as hereinafter described in the body of this Ordinance is no longer needed for easement purposes and for public use and it would be in the public interest to close, vacate and abandon the same for easement purposes and for public use; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the easement portion as hereinafter described shall BE and the same is hereby closed, vacated and abandoned for easement purposes and for public use, and more particularly described as follows: A 5 foot underground utility easement for Lubbock Power & Light in Lot 105, Whisperwood Addition to the City of Lubbock, Lubbock County, Texas, and further described as follows: BEGINNING at the existing Northwest corner of Lot 105, Whisperwood Addition, Lubbock, Lubbock County, Texas; THENCE South, along the existing West lot line of Lot 105, a distance of 125.00 feet to a point on the North R.O.W. line of 2nd Street. Same point is the Southwest corner of Lot 105; THENCE East, along the existing South lot line of Lot 105, a distance of 5.00 feet to a point; THENCE North, a distance of 125.00 feet to a point on the existing North lot line of Lot 105; THENCE West, along the North lot line of Lot 105, a distance of 5.00 feet to the POINT OF BEGINNING. 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. THAT 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 first reading this 27th day of July , 1995. Passed by the City Council on second reading this 10th day of August , 1995. ATTEST: &v,-, a o-i,- etty M. Johns , City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: feff H sell, Assistant City Attorney JH:js/A&CLT 105.ORD ccdocs/July 11, 1995 AVID R. LANCWTON, MA)VOR -2- First Reading July 27, 1995 Item #11 He And Return To Ed aucy R-0-W 233G2 Second Reading August 10, 1995 Item_ #7 y,,, 4941PAGE ORDINANCE NO. 9824 55 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A 5-FOOT UNDERGROUND UTILITY EASEMENT LOCATED IN LOT 105, WHISPERWOOD ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. WHEREAS, the City Council finds that the easement portion as hereinafter described in the body of this Ordinance is no longer needed for easement purposes and for public use and it would be in the public interest to close, vacate and abandon the same for easement purposes and for public use; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the easement portion as hereinafter described shall BE and the same is hereby closed, vacated and abandoned for easement purposes and for public use, and more particularly described as follows: A 5 foot underground utility easement for Lubbock Power & Light in Lot 105, Whisperwood Addition to the City of Lubbock, Lubbock County, Texas, and further described as follows: BEGINNING at the existing Northwest corner of Lot 105. Whisperwood Addition, Lubbock, Lubbock County, Texas; THENCE South, along the existing West lot line of Lot 105, a distance of 125.00 feet to a point on the North R.O.W. line of 2nd Street. Same point is the Southwest corner of Lot 105; THENCE East, along the existing South lot line of Lot 105, a distance of 5.00 feet to a point; THENCE North, a distance of 125.00 feet to a point on the existing North lot line of Lot 105; THENCE West, along the North lot line of Lot 105. a distance of 5.00 feet to the POINT OF BEGINNING. 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. THAT 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. No Text ��L 4941PAGE 56 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. Passed by the City Council on first reading this 27th day of July , 1995. Passed by the City Council on second reading this 10 th day of August , 1995. St:AL. ATTEST: 'Betty M. Johns , City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right-of-W y Agent APPROVED AS TO FORM: fe'Adrtsell, Assistant City Attorney JH.js/A&CLT 105.ORD ccdocs/July 11, 1995 FILE[) FOR RECOR-p. Luc tT rs 04 gff 195 Crunb'Gerk.L�'tT�_` t35 VID R. LAN ST:;'* E OF TEVtS COUNTY OF LUPBGCIC 1 atG -tyan Certify th^i t!es Lk:tlu W)t VMS FUD cm the date and at the ;iT-3 a>arrtxd h^rn-j by me 3 xi wt+! OU rCO2C[D it+ the Vclumt and �, of t;.� Of 'jai Real Property Rrxrd� of Lubbtt c Cch y;y, i s.(as .s stampad hmam by me. AUG 17 1995 IR'��-,. C(Yi1KTY CIERX Li18 % COl/fJTY, TEXAS - 2 - <� -. s.. 7 y` , CIS&H THE STATE OF TEXAS COUNTY OF LUBBOCK Before me a Notary Public in and for Lubbock County, Texas on this day personally appeared i i of the Southwestern Newspa- pers Corporation, publishers of the Lubbock Avalanche -Journal - Morning, and Sunday, who being by me duly sworn did depose and say that said newspaper has been published continuously for more than fifty-two weeks pri- or to the first insertion of this ' , t No. f at Lubbock County, Texas and the attached print- ed copy of the is a true copy of the original and was printed in the Lubbock Avalanche -Journal on the following dates: ' '' ' --- NOTARY PUBL in C and for the State of Texas My Commission Expires .................. --_- LUBBOCK AVALANCHE -.JOURNAL Southwestern Newspaper Corporation Subscribed and sworn to before me this day FORM a8-10 PATT1 TAT E Notary Puc; c State of texas My Commiss•on Expires 6-30-b Zz000mXYLLOYWZ6 OOZWQ]WJOZRX<xu oWWzFIIoo~o~o>U iyOZ6zOOJN QLL Z6pa 08WJaoU=000>? 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