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HomeMy WebLinkAboutOrdinance - 2013-O0034 - Abandon And Close Portion 66Th And Milwakee - 04/11/2013ORD 2013016375 4 PGS First Reading File and Return to Second Reading March 28, 2013 Dave Booher ,R.O.W April 11, 2013 Item No. 5.8 City of Lubbock Item No. 5.3 Counter Fifivio Refile ORDINANCE NO. 2013-0 034 "Corrected Legal" AN ORDINANCE ABANDONING AND CLOSING A 0.101 ACRE PORTION OF 66T" STREET IN SECTION 36, BLOCK AK, LUBBOCK COUNTY, TEXAS AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE: RESERVING AN EASEMENT FOR UTILITY PURPOSES; 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 street portion as hereinafter described in the body of this Ordinance is no longer needed for street purposes and for public use; and it would be in the public interest to close, vacate and abandon the same for street 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 street portion as hereinafter described shall BE and the same is hereby closed, vacated and abandoned for street purposes and for public use, such street being more particularly described in attached Exhibit "A". SECTION 2. THAT an easement is hereby reserved on the property described in Section 1, above, and such easement is reserved and retained for utility purposes with the right of ingress and egress at all times for such purpose, and an easement is also reserved for any and all existing pipelines or other utilities within said property together with all rights appurtenant to the continuation of such utilities SECTION 3. 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 ind the date of its final passage. SECTION 4. 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 5. 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. a AND IT IS SO ORDERED. Passed by the City Council on first reading this March 28. 2013 , 2013. Passed by the City Council on second reading this April 11, 2013 , 2013. /// C414Z GLE . RO ER ON, MAYOR ATTEST: lobe -ca Garza, City Secre '%P?ROVED AS TO CONTENT: <Zli e- V Dave Booher, Right -of -Way Agent APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney A&C-66`h St.,Section 36, Blk AK.ord 02.15.2013 7 ABAC�S ENGINEERING SURVEYING a@ 2737 81 ST STREET LUBBOCK, TEXAS 79423 (806) 745-7670 EXHIBIT "Count on it" FIELD NOTES oiN a 0.101 Acre Tract out of Section 36, Block AK, Lubbock County exas being further described by metes end bounds as follows: BEGINNING at a found 84 2" rod with stainless steel cap marked Abacus EngAeering RPLS 4460 for the Southeast corner of this trait whence the Southwest corner of Section 36,Alock AK bears N 88° 12'48" W (Texas North Central Zone Bering Basis), 912.05 feet and S 01 °47'12'.t1V, 32.0 feet; THENCE N 88°12'48" W, with the oposed North line of 66th StreRf, 411.74 feet to a set 1/2" rod with stainless steel cap marked Abacuineering RPLS 4460 for 'corner of this tract; THENCE 61 29'40' W, with the proposal North line of 66 Street, 146.63 feet to a set 1/2" rod with stainless steel cap marked Abacus Enginee�ig RPLS 4 0 for the Southwest corner of this tract; THENCE N 01 °44'49" E, 2.79 feet to a found 1/ ro ith stainless steel cap marked Abacus Engineering RPLS 4460 for the Northwest corner this tract; THENCE S 85°21'07' E, with the existing NortVine of 6Nh Street, 138.12 feet to a found rod with yellow cap for a corner of this tract; THENCE S 00°36'36" W, 5.00 feet to a cffirner of this tract; THENCE S 88'12'48" E, with the Northeast corner of this tract; THENCE S 01 °50'28" W, with Place of Beginning and contq It line of 66th Street, a distan6e, of 419.00 feet to a point for the West line of a previously surveyed 12.06,qcre tract, 8.00 feet to the 10.101 res. - _ - These note!fare basedn survey made on the ground. J.M. Cieszinski, RPLS WT460 February 4, 2013 FILED AND RECORDED �6Frf. OFFICIAL PUBLIC RECORDS # , Kelly Pinion, County Clerk Lubbock County TEXAS April 17, 2013 02:40:10 PM 2013015291 FEE: $24.00 "Corrected Legal" AUACLJos ENGINEERING SURVEYING 2737 81 ST STREET LUBBOCK, TEXAS 79423 EXHIBIT II If FIELD NOTES on a 0.101 Acre Tract out of Section 36, Block AK, Lubbock County, Texas being further described by metes and bounds as follows: BEGINNING at a found 1/2" rod with stainless steel cap marked Abacus Engineering RPLS 4460 for the Southeast corner of this tract whence the Southwest corner of Section 36, Block AK bears N 88`12'48" W (Texas North Central Zone Bearing Basis), 912.05 feet and S 01 °47'12' W, 32.0 feet; THENCE N 88°12'48" W, with the proposed North line of 66th Street, 411.74 feet to a set 1/2" rod with stainless steel cap marked Abacus Engineering RPLS 4460 for a corner of this tract; THENCE N 81 `29'40" W, with the proposed North line of 66th Street, 146.63 feet to a set 1/2" rod with stainless steel cap marked Abacus Engineering RPLS 4460 for the Southwest corner of this tract; THENCE N 01-44'49" E, 2.79 feet to a found 1/2" rod with stainless steel cap marked Abacus Engineering RPLS 4460 for the Northwest corner of this tract; THENCE S 85°21'07" E, with the existing North ine of 66th Street, 138.12 feet to a found rod with yellow cap for a corner of this tract; THENCE S 00036'36" W, 5.00 feet to a corner of this tract; THENCE S 88'12'48" E, with the North line of 66th Street, a distance of 419.00 feet to a point for the Northeast corner of this tract; THENCE S 01 '50'28" W, with the West line of a previously surveyed 12.05 acre tract, 8.00 feet to the Place of Beginning anVin es. These Notes are basen the ground. OF J. M. Cieszinski, RPL�P� is'rF T�q CO February 4, 2013 ::........................:..... Corrected April 23, 2013 J.M. CIESZINSKI . % .........................,..... .o_ 4460 „ . FILED AND RECORDED OFFICIAL PUBLIC RECORDS Kelly Pinion, County Clerk Lubbock County TEXAS April 24, 2013 02:55:52 PM FEE: $28.00 2013016375