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HomeMy WebLinkAboutOrdinance - 2022-O0036 - Abandon And Close 3 Alleys In Section 15, Block AK And 2 Utility Easements - 03/22/2022First Reading Second Reading ' March 22, 2022 April 12, 2022 N Item No. 7.11 Item No. 7.8 Sib ORDINANCE NO. 2022-00036■ r� AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF ALLEY RIGHT-OF-WAY, LOCATED IN SECTION 15, BLOCK AK, LUBBOCK COUNTY, 0 TEXAS WHICH IS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS T ORDINANCE; RESERVING UNDERGROUND UTILITY EASEMENTS; 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. ic mrm WHEREAS, the City Council finds that the alley right-of-way hereinafter described in ` the body of this Ordinance is no longer needed for alley right-of-way purposes and for public use; and it would be in the public interest to close, vacate and abandon the same for alley right- of-way purposes and for public use; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: — SECTION 1. THAT the alley right-of-way as hereinafter described shall BE and the same is hereby closed, vacated and abandoned for alley right-of-way purposes and for public use, such alley right-of-way being more particularly described in the attached Exhibit "A." SECTION 2. THAT easements are hereby reserved on a portion of the property described in Section 1, above, and such easements are reserved and retained for underground utility easement purposes with the right of ingress and egress at all times for such purpose, and easements are 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 and reservation of easements, 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 this 22nd day of March , 2022. Passed by the City Council on second reading this 12thday of April , 2022. DANIEL M. POPE, MAYOR ATTEST: Rebe a 0arza, City Secr tar APPROVED AS TO CONTENT: l / .'✓� Bill Ho erton, Dep ity Manager APPROVED AS TO FORM: Ran B e, Assi t i y tt ey Ord.A&C-Alley ROW, Section 15, Block AK 3.16.22 Proposed Closure of Three Alleys Located in Section 15, Block AK: West of Riverlawn Addition. Block W 2, ithin Block 4 of Riverlawn Addition; 7- ,f z I and between Pharr Addition. Tracts A and B EXHIBIT -1 . _411-01ri— and Adjacent to Lot 2 of Boone Addition 11- J 14- E TULANI ST F_ .MW MW '"s r ULAfNt -)I Alley originally Dedicated by Plat s (V31 5 P3463) to be Clo.ed 17,702,qff Alley Originally Dedicated by I Warranty Deed (V4821 P307) 11 7_ 1 __ - __ mt-1 and Plot (V17?4P432)tobeClo-.oc ?,615:clff A Fit: 0- Op _J, ­7 Portion of Alley Originally Dedicated by Plat (V315 P363) to be Closed 2 744 :q ft UEENS ST V) PWA 11 E STANFORD ST E RICE 5 T LU ISC fit% �,l 4-1-- A-- 'eqki tag 2y ;:!UaW 2051 Z)xz , �' :i* Li =,it ��jct T t :iroui-t ! 1�� m 11,,�w -Idfivia -.1i t. i�Lubbock " 111ry IVI h,4.* DW ILI' V, U" s.J "AL15. !m 10g, *,)q Jr 5., *10i N P.ITP 1*05 it 120s 'W en shagirm.trid sirvii-, A-4 rPv,vaz;are. s nily 'Irt arp"vruba mial -in it �pt.d OxthcphDt: _'C FILED AND RECORDED OFFICIAL PUBLIC RECORDS Kelly Pinion County Clerk Lubbock County TEXXs 04/20/2022 04:il PM FEE: $34.00 2022018942 2022019771 5 PGS EASE ■III WrM, MN1.1111041 W,N M 10111111 SEWER LINE EASEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK THAT THE PHARR PARTNERSHIP, LTD, herein called "GRANTOR[S]", for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) to GRANTOR[S] in hand paid by the CITY OF LUBBOCK, a Home Rule Municipal Corporation of Lubbock County, Texas, the receipt and sufficiency of which is hereby acknowledged and confessed, and for the further good and valuable consideration in benefits accruing and to accrue to the remainder of GRANTOR'S property, have by these presents GRANTED, BARGAINED, SOLD and CONVEYED and by these presents do GRANT, BARGAIN, SELL and CONVEY unto the CITY OF LUBBOCK, its legal representatives, successors and assigns, for the use of the public as a perpetual and permanent sewer line easement, the free and uninterrupted use, liberty of passage in, along, on, over, upon, under and across all that property lying and being situated in the County of Lubbock, State of Texas, and being more particularly described as follows in attached Exhibits «A„ together with the rights of ingress, egress and regress at any and all times to accomplish the following purposes: allowing, but not limited to, constructing, reconstructing, repairing and perpetually maintaining any and all types of sewer lines, which easement includes at all times and seasons the right of ingress, egress and regress of motor vehicles and personnel engaged in such construction and repair. Said property above described is not used, claimed or occupied as residential homestead. In order to assure the said CITY OF LUBBOCK, its successors and assigns of continuing access and enjoyment of said easement, GRANTOR[S] do hereby expressly agree not to erect, build or otherwise allow to be constructed any building or like permanent structure over the said property heretofore described; and should such building or structure be erected, it is understood that the said CITY OF LUBBOCK shall have the right to remove said building or structure from the premises. TO HAVE AND TO HOLD the above described premises together with all and singular the rights and appurtenances thereto in anywise belonging perpetually unto the CITY OF LUBBOCK, its legal representatives, successors and assigns and any and all public utilities now or hereafter franchised by the CITY OF LUBBOCK to accomplish the purposes herein stated. WITNESS THE EXECUTION OF THIS INSTRUMENT this /l/'� day of 9 200?4. .r THE PHARR PARTNERSHIP, LTD Name: G1L f1 Prlllt: `J �y-y t j A v V- Title: �4' L-Aup THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared-Xery-!4 ? h& r r , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration herein expressed and in the capacity herein stated as the act and deed of said THE PHARR PARTNERSHIP, LTD. GIVEN UNDER MY HAND AND SEAL OF OFFICE this /y' day of -�;Wa tkl , 20 ate. BELEN GOMEZ Notary Public in and for the State of Texas ►Votary Public, State of Texas My Commission Expires: aD,Z � Notary IN 12628478.7 MY CAmiriis m Expires 10-13.2023 SEWER LINE EASEMENT PERIMETER SURVEY OF A 0.3071 ACRE PORTION OF LOTS 1-8, BLOCK 2 RIVERLAWN AN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS ACCORDING TO THE MAP, PLAT AND/OR DEDICATION DEED THEREOF RECORDED IN VOLUME 315, PAGE 363 OF THE DEED RECORDS OF LUBBOCK COUNTY, TEXAS AND A PORTION OF QUEENS STREET AND OF A 20 FOOT ALLEY LOCATED IN NORTH J I O W —1 1 J M_ OD M OD z SECTION 15, BLOCK A LUBBOCK COUNTY, TEXAS BAIZE B" R I B I V f -z- �'aeccc.ac Ec r e ,9c r uw. 3iP, S l l �g t32„W Y /'g.363 �iv59132„E_ W^ NOTES: SCALE : 111=1001 HEAVY LINES INDICATE PLAT LIMITS. CONTROL IMONUM�NTS AS FOUND 81 SHOWN. ® - CUT CROSS IN CONCRETE c - SET 80 PENNY NAIL o - SET 1/21 IF�ON ROD WITH CAP IIHRAII o - FOUND 1/21 IRON ROD WITH CAP IIHRAII o - FOUND 1/211 IRON ROD 20220424/Bob(SDT) ,gorR� z o N J � O J � 0.3071 A re 13,379 s . e Tract d poi ,�y4 'D . 434 T ` By�/ J x z F 3 H zaX C15 W x Nam J o� o Z� z Z 0 O J r'1 Sheet 1 of 2 1 HUGO REED AND ASSOCIATES, INC. LAND SURVEYORS 1601 AVENUE N CIVIL ENGINEERS LUBBOCK, TEXAS 79401 TEXAS LICENSED SURVEYING FIRM 1DDS76-00 PHONE: 806 / 763-5642 TEXAS REGISTERED ENGINEERING FIRM F-760 FAX: 806 / 763-3891 Copyright 2022, Hugo Reed and Associates, Inc. for the sole use of Title Co. for OF # and any other identifiers as indicated in the certificate shown hereon. METES AND BOUNDS DESCRIPTION of a 0.3071 acre portion of Lots 1-8, Block 2, Riverlawn, an addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded in Volume 315, Page 363 of the Deed Records of Lubbock County, Texas and a portion of Queens Street and of a 20 foot alley located in Section 15, Block A, Lubbock County, Texas, being further described as follows: BEGINNING at an 80 penny nail set for the Southeast corner of this tract, which bears West a distance of 577.65 feet and North a distance of 37.83 feet from a 1/2" iron rod found at the original Northeast corner of Lot 20, Block 4, of said Riverlawn; THENCE S. 88031'37" W. a distance of 15.42 feet to an 80 penny nail set for the Southwest corner of this tract; THENCE N. 11059'32" E. a distance of 892.12 feet to an 80 penny nail set in the Northern boundary of Lot 1, Block 2 of said Riverlawn and the South right-of-way line of Tulane Street, dedicated by plat recorded in Volume 315, Page 363 of the Deed Records of Lubbock County, Texas, for the Northwest comer of this tract; THENCE N. 89058'13" E., along said South right-of-way line and the Northern boundary of Lot 1, Block 2 of said Riverlawn, a distance of 15.34 feet to an 80 penny nail set for the Northeast corner of this tract; THENCE S. 11 059'32" W. a distance of 891.72 feet to the Point of Beginning. Contains: 13,379 square feet. Bearings are relative to the Northern boundary of Lot 20, Block 4, Riverlawn, previously surveyed and recognized as being East-West. CERTIFICATION TO: Pharr Partnership, Ltd. ONLY I, Brent Carroll, Texas Registered Professional Land Surveyor No. 5410, do hereby certify that this survey was made on the ground. March 10, 2022 r- Brent Carroll l Registered Professional Land Surveyor No. 5410 State of Texas email: bcarroll@hugoreed.com ' FILED AND RECORDED OFFICIAL PUBLIC RECORDS Q 1 Kelly Pinion County Clerk Lubbock County TEXyS 04/25/2022 04:69 PM FEE: $38.00 2022019771