HomeMy WebLinkAboutOrdinance - 2021-O0076 - Abandoning and Closing a portion of a Drainage Easement, Spanish Bit Court Additionnn�
First Reading (�L % �MQIjD C rl - Kew Second Reading
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June 22, 2021 N bit July 13, 2021
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Item No. 6.9 Item No. 6.4
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ORDINANCE NO. 2021-00076
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AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A
DRAINAGE EASEMENT LOCATED IN LOT 26, SPANISH BIT COURT ADDITION,o
LUBBOCK COUNTY, TEXAS ACCORDING TO THE MAP, PLAT, AND/OR
DEDICATION DEED THEREOF RECORDED UNDER COUNTY CLERK FILE NUMBER
2016013471 OF THE OFFICIAL PUBLIC RECORDS OF LUBBOCK COUNTY, TEXAS,
BIG
AND ABANDONING AND CLOSING A DRAINAGE EASEMENT LOCATED IN
SECTION 7, BLOCK JS, LUBBOCK COUNTY, TEXAS AS DESCRIBED IN COUNTY
CLERK FILE NUMBER 2016013473 OF THE OFFICIAL PUBLIC RECORDS OF
LUBBOCK COUNTY, TEXAS; WHICH ARE 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;
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PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
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WHEREAS, the City Council finds that the easements hereinafter described in the body
of this Ordinance are 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 easements as hereinafter described shall BE and the same are
hereby closed, vacated and abandoned for easement purposes and for public use, such
easements being more particularly described in the attached Exhibit "A."
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 22nd day of June , 2021.
Passed by the City Council on second reading this 13th day of July , 2021.
G.-A
DANIEL M. POPE, MAYOR
ATTEST: ��
Retie a Garra, City.Sccrct ry
APPROVED AS TO CONTENT:
Michael Keenum, P.E., Division Director of Engineering/City Engineer
APPROVED AS TO FORM:
an ookc, Assistant City Attorney
Ord.A&C-Drainage Easements -Section 7, Block JS, Spanish Bit Court
6.15.21
HUGO REED AND ASSOCIATES, INC.
EM1601 AVENUE N I LUBBOCK. TEXAS 794011 806I763-56421 FAX 8061763-3891
TEXAS REGISTERED ENGINEERING FIRM F-760
ram "RanTEXAS LICENSED SURVEYING FIRM 100676-00
LAND SURVEYORS
CIVIL ENGINEERS EXHIBIT 'IN'
METES AND BOUNDS DESCRIPTION of a portion of Lot 26, Spanish Bit Court, a subdivision located in Section 7, Block JS,
Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded under County Clerk File Number
2016013471 of the Official Public Records of Lubbock County, Texas, being further described as follows:
BEGINNING at a 1/2" iron rod with cap marked "HUGO REED & ASSOC." set in the West right-of-way line of North Private
Road 1720, granted by plat recorded under County Clerk File Number (CCFN) 2016013471 of the Official Public Records of
Lubbock County, Texas (OPRLCT), for the most Easterly Southeast corner of Lot 56, said Spanish Bit Court, for the Southwest
corner of this tract;
THENCE N. 01°47'44" E. along the West right-of-way line of said North Private Road 1720 and the Eastern boundary of said Lot
56, a distance of 31.10 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC." set for a point of curvature;
THENCE Northeasterly, continuing along said West right-of-way line, along the Eastern boundary of said Lot 56 and the
Southern boundary of Lot 57, said Spanish Bit Court, along a curve to the right, said curve having a radius of 67.00 feet, a
central angle of 90°00'00", a chord distance of 94.75 feet and a chord bearing of N. 46°47'44" E. to a 1/2" iron rod with cap
marked "HUGO REED & ASSOC." set for a point of tangency in the North right-of-way line of Private Road 6440, granted by plat
recorded under CCFN 2016013471, OPRLCT;
THENCE S. 88°12'16" E., along the North right-of-way line of said Private Road 6440, continuing along the Southern boundary
of said Lot 57, and the Southern boundary of Lot 58, said Spanish Bit Court, a distance of 142.00 feet to a 1/2" iron rod with cap
marked "HUGO REED & ASSOC." set for the Southeast corner of said Lot 58 and the Northeast corner of this tract;
THENCE S. 01°47'44" W. a distance of 52.00 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC." set in the South
right-of-way line of said Private Road 6440 for the Northeast corner of Lot 31, said Spanish Bit Court and the Southeast corner
of this tract;
THENCE N. 88°12'16" W., along the South right-of-way line of said Private Road 6440 and the Northern boundary of said Lot
31, a distance of 142.00 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC." set for the most Northerly Northwest
corner of said Lot 31;
THENCE S. 46°47'44" W., continuing along the said South right-of-way line and the Northern boundary of said Lot 31, a
distance of 21.21 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC." set in the East right-of-way line of said
Private Road 1720 for the most Westerly Northwest corner of said Lot 31;
THENCE S. 01°47'44" W., along the East right-of-way line of said North Private Road 1720 and the Western boundary of said
Lot 31, a distance of 31.10 feet to a point,
THENCE N. 88'12'16" W. a distance of 52.00 feet to the Point of Beginning.
Contains 0.2850 acres
Bearings relative to Grid North, Texas Coordinate System of 1983, North-Central Zone, (2011, epoch 2010.0).
Surveyed on the ground,
April 30, 2015
February 22, 2021 — revised to update recording information
Robert A. Christopher
Registered Professional Land Surveyor No. 5167
Licensed State Land Surveyor State of Texas
MCI.1UG0 REED AND ASsorIATES, INC.
... TEXAS REGISTERED ENGINEERING FIRM F-760
TEXAS LICENSED SURVEYING FIRM 100676-00
LAND
SURVEYORS
CIVIL ENGINEE12S
EXHIBIT "A"
All of that drainage easement located in Section 7, Block JS, Lubbock County Texas, as recorded under County
Clerk File Number 2016013473 of the Official Public Records of Lubbock County, Texas
NOTICE: This electronic file is provided for convenience purposes and is a verbatim copy of a certified description
retained on file at Hugo Reed and Associates, Inc. In any case of discrepancy, the certified description governs.
Page 1 of 1
OFLUBBOCK Nwgo Feud. Assce.
PLA DEPARTBCOUNTERFILING
P.O. BOX 20 28tE613473 4 PCs EASE
LUBBOCK, TEXAS
'I'llF. STATE OF TEXAS )
DRAINAGE EASEMENT
COUNTY OF LUBBOCK )
That PRINCESS LAND CO., L.P., a Texas Limited Partnership, 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, A Home Rule Municipal Corporation of
Lubbock County, Texas, and the COUNTY OF LUBBOCK, TEXAS, the receipt and sufficiency
of which is hereby acknowledged and confessed, and for the further good and valuable consideration
in 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 GRANT,
BARGAIN, SELL AND CONVEY unto the CITY OF LUBBOCK, its legal representatives,
successors and assigns, for the use of the public as a perpetual and permanent drainage easement, the
free and uninterrupted use, liberty of fiassage in, on, along, over, upon, under and across all that
property lying and being situated in Lubbock County, Texas, and being more particularly described
as follows, to -wit:
METES AND BOUNDS DESCRIPTION of a 2.245 acre tract of land being a
portion of a 77,691 acre tract of land as described under County Clerk File
Number (CCFN) 2015040748 of the Official Public Records of Lubbock County,
Texas (OPRLCT), located in Section 7, BlockJS, Lubhock County, Texas, being
further described as follows:
BEGINNING at a 1/2" iron rod with cap set for the Northwest corner of this
tract which bears N.88°12'16" W. a distance of 3663.18 feet and N. 01047'44" E.
a distance of 2316.00 feet from the Southeast corner of Section 7, Block JS,
Lubbock County, Texas;
THENCE S. 88012'16" E. a distance of 1241.00 feet to an 80 penny nail set for a
point of curvature;
THENCE Southeasterly, along a curve to the right, said curve having a radius
of 67.00 feet, a central angle of31 115' 17", tangent lengths of 18.74 feet, a chord
distance of 36.10 feet and a chord bearing of S. 72134'37" F., to an 80 penny nail
set for a point of intersection;
THENCE N. 33003'01" E. a distance of 50.00 feet to an 80 penny nail set for a
corner of this tract;
THENCE S. 88012'16" E. a distance of 50.00 feet to an 80 penny nail set in the
Eastern boundary of said 77.691 acre tract for the Northeast corner of this
tract;
Onunage tnsenten Inge I
THENCE S. 01047'44" W., along the Eastern boundary of said 77.691 acre
tract, at 76.50 feet pass a point for a corner of said 77.691 acre tract, continuing
for a total distance of 126.50 feet to an 80 penny nail set for a corner of this
tract;
THENCE N. 88012'16" W. a distance of 33.70 feet to an 80 penny nail set for a
corner of this tract;
THENCE S.01°47'44" W. a distance of 562.97 feet to a point for the Southeast
corner of this tract;
THENCE N. 64043' 17" W. a distance of 16.95 feet to a 1/2" iron rod with cap set
for a point of intersection;
THENCE Northeasterly, along a curve to the left, said curve having a radius of
67.00 feet, a central angle of 23°28'59", tangent lengths of 13.93 feet, a chord
distance of 27.27 feet and a chord hearing of N. 13°32'14" E. t" a 1/2" iron rod
with cap set for a point of tangency;
THENCE N. 01047'44" E. a distance of 278.00 feet to a 1/2" iron rod with cap
set for a corner of this tract;
THENCE. N. 88012'16" W. a distance of 62.110 feet to an 80 penny nail set for a
corner of this tract;
THENCE N. 01047'44" E. a distance of 288.00 feet to an 80 penny nail set for a
corner of this tract;
THENCE N. 43012'16" W. a distance of 7.07 feet to an 80 penny nail set for a
corner of this tract;
THENCE N. 88012' 16" W. a distance of 1241.00 feet to a 1/2" iron rod with cap
set for a corner of this tract;
THENCE N. 01047'44" E. a distance of 52.00 feet to the Point of Beginning.
Bearings Relative to Grid North, Texas Coordinate System of 1983, North-
Central Zone, (2011, epoch 2010.0)
Contains 97,813 square feet.
SO LONG AS the public continues to use said property for the purposes herein stated, said
casement includes, but is not limited to, the free and uninterrupted use, liberty and privilege of'
passage in, along, over, across, under, upon and against the hereinabove described land for the
purpose of constructing, reconstructing, maintaining, repairing, cleaning and clearing said premises
Aro"rue¢ fnVemoty Page 2
for the free and unobstructed drainage of surface waters; together with the right of ingress, egress and
regress for such purposes in, on, along, through and across all the property above described.
It is hereby covenanted and agreed that the CITY OF LUBBOCK and the COUNTY OF
LUBBOCK, TEXAS, are hereby granted and retain and reserve the right to set and determine the
drainage grade and direction of flow of surface waters on the real estate above described and
buildings or like permanent structures shall not be erected, built, constructed or allowed to be
eY—te4"oeted; built or constructed in, upon, over, along or across the real estate above described, and if
such erection, building or construction does occur in violation of this prohibition, the CITY OF
LUBBOCK and the COUNTY OF LUBBOCK, TEXAS, shall have the right to remove said building
or structure from the aforesaid real estate.
TO HAVE AND TO HOLD the above described premises, together with all and singular, the
rights and appurtenances thereto in anywise belonging, perpetually unto the CITY OF LUBBOCK,
and the COUNTY OF LUBBOCK, TEXAS, its successors and assigns, for so long as the CITY OF
LUBBOCK and the COUNTY OF LUBBOCK, TEXAS, use the same for the purposes herein
granted.
FIRST BANK & TRUST, of Lubbock,'fexas, holder of liens of record against the above -
described property, joins in this dedication for the sole purpose of showing its assent thereto and that
it has no objections to the designation of said property, and it hereby releases its liens upon the
above -described property, in accordance with the dedication deed.
EXF,CIJ'I"L• D this 26°i day of February, 2016.
PRINCESS LAND CO., L.P., a Texas Limited
Partnership
By: PRINCESS LAND MANAGEMENT, LLC, a
Texas Limited Liability Company, as General
Partner
By: 0- P._'Q
Ti ollins, irector/President
FIRST BANA & TRUST
/d/VBy:
gGarland, President
Dr(th eme,a Page 3
STATE OF TEXAS )
COUNTY OF LUBBOCK )
This instrument was acknowledged before me on the 26`h day of February, 2016, by TIM
COLLINS, as Director/President of PRINCESS LAND MANAGEMENT, LLC, a Texas Limited
Liability Company, as General Partner of PRINCESS LAND CO., L.P., a Texas Limited Partnership,
on behalf of said Partnershi .
ffmvTAMMY MATHIS
R4t41yPUW,&*diex�r 1�
,
.. i9panE:yYee12-03.20I6 NOTARY I'UAi,fC, S A TEXAS
STATE. OF TEXAS
COUNTY OF LUBBOCK
This instrument was acknowledged before me on this _ day of., 2016,
by GREG GARLAND, as President of FIRST BANK & TRUST, a'I exas banking corporation, on
behalf of said corporation.
�J���ry ..,,,ma
Na''p``""j"�•4p`i of taxes�•i i TR •'+�12 20171µ er ,`oo1841
NOTAR IC, STATE OF TEXAS
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
Kelly Plnlon Countyy Clerk
Lubbock County T5X S
a4/20/20ill WA4 PM
FEE:
61133333473
Orawnee Earwnaar Page 4
Is
7
UNSUBDIVIDED
1
Proposed Closure of a Portion of Drainage Easement
in Lot 26, Spanish Bit Court Addition (CCFN 2016013471) and
Proposed Closure of a Drainage Easement (CCFN 2016013473)
Located in the South Half of Section 7, Block JS
A �r C
x .�
F� 0
c,
Portion of Drainage Easement
in Lot 26 (CCFN 2016013471)
to be Remain Open
UNSUBDIVIDED
g 5
57 8
56
55
r
53
/ 52
Portion of Drainage basement
in Lot 26 (CCFN 2016013471)
to be Closed (0.285 ac)
UNSUBDIVIDED
31 M
Drainage Easement (CCFN 2016013473)
to be Closed (2245 ac)
ik
32
33 34
35 36
11
37
36
39
40
-- - ---
4vgo
51 1 50 1 49 1 48 1 47
46 ^ 41
45 �9_ 42
26
Feet
0 50100 200 300 400 500 ®�� CiR'of
As required by Chapter 2051, Geospa al Data Products of the Govemment Code, Ihs product is for informational purposes Lubb6&
end my not have been prepared for or be suitable for legal, engineering, or surveying proposes. It does not represent an �• Tsrts
ondhe,ground survey and represents only the approximate relative location of property boundaries.
Digital Orthophatography - April 2020
FILED AND RECOR[
OFFICIAL
PUBLIC RECORDS
Kelly Pinion CounEy Clerk
Lubbock County TEXRS
07/15/2021 12:19 PM
FEE: 58.00
2021 35858