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HomeMy WebLinkAboutOrdinance - 2011-O0011 - CLOSING 20 FT ALLEY BLOCK 37 - 01/27/2011Counter Filing First Reading File and Return to Second Reading January 27, 2011 Dave Booher R.O.W. February 10, 2011 Item No. 5.4 City of Lubbock Item No. 5.2 ORDINANCE NO. 2011-00011 AN ORDINANCE ABANDONING AND CLOSING A 20-FOOT ALLEY LOCATED IN BLOCK 37, OVERTON ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; RESERVING AN EASEMENT FOR PUBLIC 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 PUBLICATON. WHEREAS, the City Council finds that the alley as hereinafter described in the body of this Ordinance is no longer needed for alley purposes and for public use, and it a o would be in the public interest to close, vacate and abandon the same for alley purposes H and for public use; and it would be in the public interest to close, vacate and abandon the same; and m m m WHEREAS, said abandonment shall in no way affect any utility easements, m present or future and an easement is hereby reserved for public utility purposes; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the alley as hereinafter described shall BE and the same is hereby closed, vacated and abandoned for alley purposes and for public use, such alley portion being more particularly described as follows: All the east -west 20' alley in Block 37, Overton Addition, to the City of Lubbock. SECTION 2. THAT an easement is hereby reserved on the property described in Section 1, above, and such easement is reserved and retained for public 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 and 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. AND IT IS SO ORDERED. Passed by the City Council on first reading on January 27, 2011 Passed by the City Council on second reading on February 10, 2011 TOM MARTIN, MAYOR ATT Dave Booher, Right -of -Way Agent APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney ccdocs/A&C-Alley portion -Overton Addn.ord 1.14.11 FILED AND RECORDED „ or irir •=�F•. Y,,r OFFICIAL PUBLIC RECORDS -- Kelly Pinion, County Clerk Lubbock County TEXAS February 14, 2011 02:44:32 Pit FEE: $20.00 2011004708