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
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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
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-- Kelly Pinion, County Clerk
Lubbock County TEXAS
February 14, 2011 02:44:32 Pit
FEE: $20.00 2011004708