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HomeMy WebLinkAboutOrdinance - 2013-O0123 - Abandoning And Closing Underground Utility Easements And Public Access Esmt. - 12/19/2013First Reading Second Reading December 19, 2013 January 9, 2014 Item No. 5.17 Item No. 5.10 ORDINANCE NO. 2013-00123 AN ORDINANCE ABANDONING AND CLOSING AN UNDERGROUND UTILITY AND PUBLIC ACCESS EASEMENT, LOCATED IN BLOCK E-2, SECTION 23, 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; 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 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 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 December 19 2013. Passed by the City Council on second reading this January 9, 2014 NNM. G C. R ERTSON, MAYOR ATTEST: Reb cca Fiarza, City Secretary APPROVED AS TO CONTENT: GJ altti z�;l Dave Booher, Right -of -Way Agent APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney A&C-Block E-2, UU & Public Access Easement.ord 11.12.13 EXHIBIT METES & BOUNDS DESCRIPTION of an 18,704 square feet tract situated in Section 23, Block E-2, Lubbock County, Texas, being the same tract of land as described in County Clerks File Number 2010037939, Official Public Records of Lubbock County, Texas, (OPRLCT) being further described as follows: BEGINNING at a 1/21, iron rod with cap inscribed "H R & ASSOC" (herein after referred to as a Hugo cap) found at the most Southerly corner of Vintage Township, Lots 185 - 277, as recorded in County Clerks File Number 2010037938. THENCE S. 01' 47' 20" W., a distance of 57.81 feet to a corner of this tract. THENCE S. 43' 12' 40" E., a distance of 14.14 feet to a corner of this tract. THENCE S. 88' 12' 40" E., a distance of 134.67 feet to a corner of this tract. THENCE N. 46' 47' 20" E., a distance of 21.21 feet to a corner of this tract. THENCE N. 01' 47' 20" E., a distance of 5.11 feet to a point of curvature. THENCE Northwesterly, along a curve to the left, said curve having a radius of 127.00 feet, a chord distance of 94.05 feet, a chord bearing of N. 19' 56' 36" W. and an arc length of 96.34 feet to a point of tangency THENCE N. 41° 40' 33" W., a distance of 66.40 feet to a corner of this tract. THENCE N. 47' 16' 08" E., a distance of 47.01 feet to a Hugo cap found for a corner of this tract. THENCE S. 41' 40' 33" E., a distance of 67.26 feet to a point of curvature. THENCE Southeasterly, along a curve to the right, said curve having a radius of 174.00 feet, a chord distance of 128.85 feet, a chord bearing of S. 19' 56' 43" E., and an arc length of 132.00 feet to a point of tangency. THENCE S. 01' 47' 20" W., a distance of 52.11 feet to the North boundary of a 40 foot road easement as described in Volume 1529, Page 785, Deed Records of Lubbock County, Texas, for a corner of this tract. THENCE N. 88° 12' 40" W., along said North boundary, a distance of 236.67 to a corner of this tract. THENCE N. 01° 47' 20" E., a distance of 32.00 feet to a corner of this tract. THENCE N. 46' 47' 20" E., a distance of 14.14 feet to a corner of this tract. THENCE N. 01' 47' 20" E., a distance of 68.76 feet to a corner of this tract. THENCE S. 591 31' 45" E., a distance of 22.80 feet to the place of BEGINNING and containing 18,704 square feet of land. Bearings based on record bearings County Clerks File # 2010037939, OPRLCT.