HomeMy WebLinkAboutOrdinance - 2013-O0027 - Closing 40Ft Drainage - 05/23/2013First Reading
February 14, 2013
Item No. 5.19
Counter Filing
File and Return to
Dave Booher R.O.W.
City of Lubbock
ORDINANCE NO.2013-00027
Second Reading
May 23, 2013
Item No. 5.6
AN ORDINANCE ABANDONING AND CLOSING A 40-FOOT WIDE
TEMPORARY DRAINAGE EASEMENT, LOCATED IN SECTION 43, BLOCK AK,
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 as hereinafter described in
the body of this Ordinance is no longer needed for easement purposes and for public use;
Ind it would be in the public interest to close, vacate and abandon the same for easement
purposes and for public use, and it would be in the public interest to close, vacate and
abandon the same; 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 Exhibits "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.
I SECTION 3. THAT should any section, paragraph, sentence, phrase, clause or
"ord 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 14th day of February , 2013.
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Passed by the City Council on second reading this d day 09f , 2013.
GLE C. ROBERTSON, MAYOR
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Dave Booher, Right -of -Way Agent
APPROVED AS TO FORM:
Chad Weaver, Assistant City Attorney
Section 43, BLK AK.ord
1.24.2013
EXHIBIT A
DESCRIPTION FOR A
TEMPORARY DRAINAGE EASEMENT,
IN SECTION 43, BLOCK AK,
LUBBOCK COUNTY, TEAS
A TEMPORARY DRAINAGE EASEMENT, 40 FEET IN WIDTH AND CONTAINING 1.624 ACRES
OF LAND, TO ACCOMPANY THE PLAT FOR TRACT B, ELM PARK, AN ADDITION 'CO THE
CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, LOCATED IN SECTION 43, BLOCK AK,
LUBBOCK COUNTY, TEXAS, BEING A PORTION OF THAT CERTAIN TRACT OF LAND
DESCRIBED IN A WARRANTY DEED RECORDED IN COUNTY CLERKS FILE NUMBER
2010002869 OF THE OFFICIAL PUBLIC RECORDS OF LUBBOCK COUNTY, SAID EASEMENT
BEING FURTHER DESCRIBED AS FOLLOWS:
BEGINNING AT A 1/2" IRON ROD WITH A CAP MARKED "H.R. & ASSOCS" FOUND IN THE
WEST RIGHT-OF-WAY LINE OF MILWAUKEE AVENUE, AS DESCRIBED IN VOLUME 6971,
PAGE 139 OF THE REAL PROPERTY RECORDS OF LUBBOCK COUNTY, AT THE SOUTHEAST
CORNER OF SAID TRACT B, FOR THE MOST EASTERLY NORTHEAST CORNER OF THIS
EASEMENT, WHENCE THE SOUTHEAST CORNER OF SAID SECTION 43 BEARS N. 89" 58' E. A
DISTANCE OF 52.31 FEET AND S. 000 02' E. A DISTANCE OF 1961.28 FEET;
THENCE S. 000 01' 55" W., ALONG SAID WEST RIGHT-OF-WAY LINE OF MILWAUKEE
AVENUE, A DISTANCE OF 40.00 FEET TO A POINT FOR THE SOUTHEAST CORNER OF THIS
EASEMENT;
THENCE S. 890 58' 33" W. A DISTANCE OF 1117.22 FEET TO A POINT FOR THE SOUTHWEST
CORNER OF THIS EASEMENT;
THENCE N. 000 01' 27" W. A DISTANCE OF 40.00 FEET TO A POINT FOR A CORNER OF THIS
EASEMENT;
THENCE N. 890 58' 33" E. A DISTANCE OF 260.00 FEET TO A POINT FOR A CORNER OF THIS
EASEMENT;
THENCE N. 000 04' 43" E. A DISTANCE OF 651.42 FEET TO A POINT FOR THE NORTHWEST
CORNER OF THIS EASEMENT;
THENCE S. 890 55' 17" E. A DISTANCE OF 40.00 FEET TO THE NORTHWEST CORNER OF SAID
TRACT B FOR THE MOST NORTHERLY NORTHEAST CORNER OF THIS EASEMENT;
THENCE S. 000 04' 43" W. A DISTANCE OF 651.35 FEET TO A 1/2" IRON ROD WITH A CAP
MARKED "H.R. & ASSOCS" FOUND FOR THE SOUTHWEST CORNER OF SAID TRACT B FOR
A CORNER OF THIS EASEMENT;
THENCE N. 890 58' 33" E. A DISTANCE OF 817.26 FEET TO THE POINT OF BEGLNNING.
BEARINGS ARE RELATIVE TO THE NORTH LINE OF THE SAID DEED RECORDED IN
COUNTY CLERKS FILE NUMBER 2010002869, SAME BEING THE NORTH LINE OF THE
SOUTHEAST QUARTER (SE/4) OF SECTION 43, BLOCK AK.