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HomeMy WebLinkAboutOrdinance - 2013-O0054 - Abandoning And Closing Slope Easement Section 44 - 06/13/2013First Reading May 23, 2013 Item No. 5.7 Second Reading June 13, 2013 Item No. 5.3 ORDINANCE NO.2013-00054 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A DITCH EASEMENT AND A SLOPE EASEMENT, LOCATED WITHIN SECTION 44, 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 easements as 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, 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 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 attached Exhibit "A" and "B". 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 May 23, 2013 , 2013. Passed by the City Council on second reading this June 13, 2013 a , 2013. C "ROBERTSON, MAYOR ATTEST: Reber a Garza, City Secretary APPROVED AS TO CONTENT: 'ff Dave Booher, Right -of -Way Agent APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney A&C-Easements-Block AK, Section 42.ord 02.18.2013 EXHIBIT G�� AMD ENGINEERING, LLC DESCRIPTION Metes and Bounds Description on a 0.261 acre (11,380 sq ft) tract of land out of a 13 7.5 5 acre tract of land out of Section 44, Block AK, Lubbock County, Texas, as described in County Clerk File Number 2008037317, Official Property Records of Lubbock County, Texas, being a portion of that Ditch Easement as described in Volume 3449, Page 200, Official Property Records of Lubbock County, Texas and being more particularly described as follows; Beginning at a point in the North line of 341h Street, as described in Volume 3449, Page 197, Official Property Records of Lubbock County, Texas and in the South line of said 137.55 acre tract of land, for the Southeast and beginning corner of this tract, whence the Southeast corner of said Section 44, Block AK is called to bear S88'08'27"E, a distance of 1929.70 feet and SO1'51'33"W, a distance of 53.83 feet; Thence N88'08'25"W, along the North line of said 341h Street and the South line of said 137.55 acre tract of land, a distance of 153.57 feet to a point for the Southeast corner of a Slope Easement, as described in Volume 3449, Page 200, Official Property Records of Lubbock County, Texas and for a corner of this tract; Thence N81'17'50"W, along the North line of said Slope Easement a distance of 251.79 feet to a point for a corner of this tract; Thence N88'08'25"W, continuing along the North line of said Slope Easement, a distance of 353.37 feet to a point for the Southwest corner of this tract; Thence NO 1'52'09"E, a distance of 15.00 feet to a point, for the Northwest corner of this tract; Thence S88'08'25"E, a distance of 354.26 feet to a point, for a corner of this tract; Thence S81"17'50"E, a distance of 251.78 feet to a point, for a corner of this tract; Thence 588=08'25"E, a distance of 152.69 feet to a point, for the Northeast corner of this tract; Thence SO1'S1'35"W, a distance of 15.00 feet to the Point of Beginning. Bearings based on Texas State Plane Coordinate System, North Central Zone (NAD83), Based on OPUS GPS observations. T C�LL I-" ES LYNM ;i%w%? Charles Lynn Sawyek 5809 _; Registered Professional Land Surveyor No. 580 r� State of Texas '1'p •� «' .: S; Q' File No: 13004 April 25, 2013 CIVIL ENGINEERING LAND SURVEYING 2807 74th Street, Suite 8 TBPLS Reg. # 101785-00 Office: (806) 771-5976 Lubbock, Texas 79423 www.amdeng.com Fax: (806) 771-7625 C']� AMD ENGINEERING, LLC DESCRIPTION Metes and Bounds Description on a 0.337 acre (14,664 sq ft) tract of land out of a 137.55 acre tract of land out of Section 44, Block AK, Lubbock County, Texas, as described in County Clerk File Number 2008037317, Official Property Records of Lubbock County, Texas, being a portion of that Slope Easement as described in Volume 3449, Page 200, Official Property Records of Lubbock County, Texas and being more particularly described as follows; Beginning at a point in the North line of 341h Street, as described in Volume 3449, Page 197, Official Property Records of Lubbock County, Texas and in the South line of said 137.55 acre tract of land, for the Southeast and beginning corner of this tract, whence the Southeast corner of said Section 44, Block AK is called to bear S88°08'27"E, a distance of 2083.27 feet and S01°51'33"W, a distance of 53.83 feet; Thence N88°08'25"W, along the North line of said 34`h Street and the South line of said 137.55 acre tract of land, a distance of 628.37 feet to a point for the Southwest corner of this tract; Thence N46°51'52"E, a distance of 35.36 feet to a point for a corner of this tract; Thence NO1°52'09"E, a distance of 5.00 feet to a point in the South line of a Ditch Easement as described in Volume 3449, Page 200, Official Property Records of Lubbock County, Texas for the Northwest corner of this tract; Thence S88°08'25"E, along the South line of said Ditch Easement, a distance of 353.37 feet to a point for a corner of said Ditch Easement and for a corner of this tract; Thence S81°17'50"E, continuing along the South line of said Ditch Easement, a distance of 251.79 feet to Point of Beginning. Bearings based on Texas State Plane Coordinate System, North Central Zone (NAD83), Based on OPUS GPS observations. File No: 13004 +�•-�.. YPIµ SINht Charles Lynn Sawder 5803 Registered Professional Land Surveyor No. O o.. �. State of Texas April 25, 2013 CIVIL ENGINEERING LAND SURVEYING 2807 74`h Street, Suite 8 TBPLS Reg. # 101785-00 Office: (806) 771-5976 Lubbock, Texas 79423 www.amdeng.com Fax: (806) 771-7625