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Home My WebLink AboutOrdinance - 2021-O0082 - Abandoning and Closing a Drainage Easement - Section 21 Block AKFirst Reading Second Reading ON July 13, 2021 July 27, 2021 — m Item No. 6.5 Item No. 6.5 � o N 2021-00082 ORDINANCE NO. -_ AN ORDINANCE ABANDONING AND CLOSING A DRAINAGE EASEMENT o LOCATED IN SECTION 21, BLOCK AK, LUBBOCK COUNTY, TEXAS AS RECORDED o IN COUNTY CLERK FILE NUMBER 2014016353 OF THE OFFICIAL PUBLIC r RECORDS OF LUBBOCK COUNTY, TEXAS, WHICH IS 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 X PROVIDING FOR PUBLICATION. � WHEREAS, the City Council finds that the easement 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 as hereinafter described shall BE and the same is hereby closed, vacated and abandoned for easement purposes and for public use, such easement 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 13th_ day of July , 2021. Passed by the City Council on second reading this 7th _day of July , 2021. DANIEL M. POPE, MAYOR City IAPPROVED AS TO CONTENT: ,Michael Keenum, P.E., Division Director of Engineering/City Engineer APPROVED AS TO FORM: Ryan ook , Assistant City Attorney Ord.A&C-Drainage Easements -Section 21, Block AK, CCFN 2014016353 16.28.21 HUG® REED AND ASSOCIATES, INC. 1601 AVENUE N / LUBBOCK, TEXAS 79401 1 BOB-763-56421 FAX 806-763-3891 EXHIBIT TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100676-00 METES AND BOUNDS DESCRIPTION of a 0.1358 acre tract of land, located in Section 21, Block AK, Lubbock County, Texas, being further described as follows: BEGINNING at a 1/2" iron rod with cap set for the Northeast corner of this tract which bears N. 01 046'31" E. a distance of 1713.86 feet and N. 88009'49" W. a distance of 1454.79 feet from the Southeast corner of Section 21, Block AK, Lubbock County, Texas; THENCE S. 01 "50'11" W. a distance of 20.00 feet to a 1/2" iron rod with cap set for the Southeast corner of this tract; THENCE N. 88009'49" W. a distance of 160.46 feet to a 60d nail set for a point of intersection; THENCE S. 77005'09" W. a distance of 128.82 feet to a 60d nail set for the Southwest corner of this tract; THENCE Northwesterly, along a curve to the left, said curve having a radius of 982.00 feet, a central angle of 01015'08", tangent lengths of 10.73 feet, a chord distance of 21.46 feet and a chord bearing of N. 34011'29" W. to a 60d nail set for the Northwest corner of this tract; THENCE N. 77005'09" E. a distance of 139.20 feet to a 60d nail set for a point of intersection; THENCE S. 88°09'49" E. a distance of 163.05 feet to the Point of Beginning. Bearings are Relative to Grid North, NAD 83, Texas Coordinate System, North-Central Zone, City of Lubbock Geodetic Network and Aerial Control. Distances are surface, U.S. Survey Feet. Contains 5914 square feet Date: July 10, 2013 Brent Carroll Registered Professional Land Surveyor No. 5410 State of Texas No Text CITY OF LUBBOCK PLANNING DEPARTMENT PO. BOX 2000 STATE LUBBOCK S 79457 COUNTY OF LUBBOCK DRAINAGE EASEMENT EASE 2@14016353 2 PGS That FOUNTAIN HILLS, L.P. (hereinafter referred to as the "Grantor"), for TEN AND NO1100 DOLLARS($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has by these presents GRANTED, BARGAINED, SOLD AND CONVEYED and by these presents does GRANT, BARGAIN, SELL and CONVEY unto the CITY OF LUBBOCK, TEXAS, and its employees, agents and contractors (collectively herein referred to as "Permitted Users!), for the use of the public as a perpetual and permanent drainage easement the free and uninterrupted use, liberty of passage in, on, along, over, upon, under and across all of the real property as shown on Exhibit "A" attached hereto and incorporated herein by reference (herein referred to as the "Property") together with all and singular the rights and appurtenances thereto in any way belonging (collectively, the "Easement'), to have and to hold the Easement to the CITY OF LUBBOCK, TEXAS and Permitted Users for so long as the public uses same for the purposes herein granted. That the Easement shall continue so long as the public continues to use said property for drainage improvements, which easement shall include, but shall not be limited to, the right to construct, reconstruct, maintain, repair, clean and clear said property for the free and unobstructed drainage of surface water, together with the right of ingress, egress, and regress for such purposes in, on, along, through and across said property to accomplish the purposes set out herein. That the CITY OF LUBBOCK, TEXAS and Permitted Users shall have the right to set and determine the drainage grade and direction of flow of surface waters on the Property, and buildings or like permanent structures shall not be erected, or allowed to be erected, built or constructed in, upon, over, along, or across the Property, and if such erection, building or construction does occur in violation of this prohibition, the CITY OF LUBBOCK, TEXAS and Permitted Users shall have the right to remove said building or structure from the Pr e . IN WITNESS WHEREOF, this instrument is executed this (Aday of , 2014. FOUNTAIN HILLS, LP By: MORTENSEN PROPERTIES, INC., a Texas corporation, General Partner Ty�-� 11�e� TYS91q MORTENSEN, Vice President STATE OF TEXAS COUNTY OF LUBBOCK § P This instrumentwas acknowledged before me this 'day Of,2014, by TYSEN MORTENSEN, Vice President of MORTENSEN PROPERTIES, INC., a Texas corporation, General Partner of FOUNTAIN HILLS, LP, in the capacity therein stated. =o,�PaYPuSHAKE E30GGS Notary Public * STATE OF TEXAS Notary Public, State xas m,9jcOFQy My Comm. Exp. June 4, 2016 Drainage Easement Fountain Hills (Lots 97410) Page 1 of 1 EXHIBIT "A" HUGO DEED AND ASSOCIATES, INC. 1601 AVENUE N / LUBBOCK, TEXAS 79401 / 806-763-5642 / FAX 806 763-3891 TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100676-00 METES AND BOUNDS DESCRIPTION of a d.1358 acre tract of land, located In Section 21, Block AK, Lubbock County, Texas, being further described as follows: BEGINNING at a 1/2" iron rod with cap set for the Northeast corner of this tract which bears N. b1 °46'31" E. a distance of 1713.86 feet and N 88009'49" W. a distance of 1454.79 feet from the Southeast corner of Section 21, Block AK, Lubbock County, Texas; THENCE S. 01050'11" W. a distance of 20.00 feet to a 1/2" iron rod with cap set for the Southeast corner of this tract; THENCE N. 88009'49" W. a distance of 160.46 feet to a 60d nail set for a point of intersection; THENCE S. 77005'09" W. a distance of 126.82 feet to a 60d nail set for the Southwest corner of this tract; THENCE Northwesterly, along a curve to the left, said curve having a radius of 982.00 feet, a central angle of 01015'08", tangent lengths of 10.73 feet, a chord distance of 21.46 feet and a chord bearing of N. 34011'29" W, to a 60d nail set for the Northwest corner of this tract; THENCE N. 77'05'09" E. a distance of 139.20 feet to a 60d nail set for a point of intersection; THENCE S. 88'09'49" E. a distance of 163.05 feet to the Point of Beginning. Bearings are Relative to Grid North, NAD 83, Texas Coordinate System, North-Central Zone, City of Lubbock Geodetic Network and Aerial Control. Distances are surface, U.S. Survey Feet. Contains 5914 square feet Date: July 10, 2013 Brent Carroll Registered Professional Land Surveyor No. 5410 State of Texas FILED AND RECORDED OFFICIAL PUBLIC RECORDS Kelly Pinion, County Clerk Lubbock County TEXAS May 0B, 2014 03 38 36 PM 2014016353 FEE: $25 00 FILED AND RECORDED OFFICIAL PUBLIC RECORDS t to Kelly Pinion County Clerk Lubbock Coun�y TEXAS 08/02/2021 01:13 PM FEE: $46.00 2021 39065