HomeMy WebLinkAboutOrdinance - 2022-O0076 - Abandon And Close Water And Sewer Line Easement In Section 11, Block A - 04/26/2022POP
First Reading Second Reading
April 26, 2022 May 10, 2022 N
Item No. 7.17 Item No. 7.9N
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ORDINANCE NO. 2022-00076 NO -
AN ORDINANCE ABANDONING AND CLOSING A WATER AND SEWER LINE i y
EASEMENT, LOCATED ON UNSUBDIVIDED LAND IN SECTION 11, BLOCK A, i; o
LUBBOCK COUNTY, TEXAS, ACCORDING TO THE MAP, PLAT AND/OR -OL- o
DEDICATION DEED THEREOF RECORDED IN CCFN 2021026925, OF THE OFFICIAL UP
DEED RECORDS OF LUBBOCK COUNTY, TEXAS WHICH IS 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 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; 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
easements being more particularly described in the 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 26th day of April , 2022.
Passed by the City Council on second reading this 1 Oth day of May , 2022.
DANIEL M. P PE, MAYOR
ATTEST:
Re ca Garza, City 9ecretiy
APPROVED AS TO CONTENT:
1z-
Michael Keenu , P.E., Division Director of Engineering/City Engineer
APPROVED AS TO
City Attorney
Ord.A&C-Water and Sewer Line Easement, Section 11, Block A
4.11.22
EXHIBIT
CITY OF LUBBOCK
OFFICE PICK UP
2021026925 4 PGS EASE
Bill lVi��� MIN1111SWOMMft a hn 11111
WATER LINE AND SEWER LINE EASEMENT
THE STATE OF TEXAS
COUNTY OF LUBBOCK
That LUBBOCK COUNTY EXPO CENTER, INC., aTexas nonprofit corporation, herein called "GRANTOR",
for and in consideration of the sum of TEN AND NO/ 100 DOLLARS ($ I 0.00) to GRANTOR 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, has by these presents GRANTED, BARGAINED, SOLD AND
CONVEYED and by these presents does 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 water line and
sewer Iine easement, the free and uninterrupted use, liberty and 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
in Exhibit "A" attached hereto and incorporated herein by reference, 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 a water line and sewer line, 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 described herein is not used, claimed or occupied as business or residential homestead.
In orderto assure the said CITY OF LUBBOCK, its successors and assigns of continuing access and enjoyment
of said easement, GRANTOR does 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 successors and assigns for
so long as the public uses the same for the purposes herein granted.
It is further understood and agreed that this easement is executed upon the condition that upon completion of
the said water line and sewer line described herein, the premises will be restored to substantially the same condition as
the same were prior to such construction, without cost to GRANTOR, its heirs and assigns. Upon restoration,
GRANTOR herein, it heirs and assigns shall be allowed the use of the surface of the easement area for any and all
purposes, save and except for the erection thereon of any permanent buildings or structures.
Executed this Isday of4AAA2021.
Water Line and Sewer Line Easement
Tract "A" Lubbock Expo Center
LUBBOCK COUNTY EXPO CENTER, INC., a
Page i of 2
V4 KG
STATE OF TEXAS
COUNTY OF LUBBOCK
.1 -Wdg before the undersignec
by ' `4 ,
nonprofit co ration, in the capacity therein stated.
ti►°r °�s HALEY RACKLER
Notary ID #130469287
�A My Commission Expires
December 23, 2023
Water Line and Sewer Line Easement
Tract "A" Lubbock Expo Center
notary on
LUBI30C
this 15— day of 202I,
COUNTY EXPO CENTER, 191., a Texas
Page 2 of 2
OKG
HUGO REED AND ASSOCIATES, INC.
1601 AVENUE N I LUBBOCK. TEXAS 79401 1 8061763.6642 1 FAX 9061763.3891
TEXAS REGISTERED ENGINEERING FIRM F-760
on I TEXAS LICENSED SURVEYING FIRM 100676.00
LAND SURVEYORS
CIVIL ENGINEERS
EXHIBIT "A"
METES AND BOUNDS DESCRIPTION of a 0.3473 acre tract of land located in Section 11, Block A, Lubbock
County, Texas, being a portion of that 125.42 acre tract described under County Clerk File Number 2020000812,
Official Public Records of Lubbock County, Texas, said 0.3473 acre tract being further described as follows:
BEGINNING at a point in the Southern boundary of an 80.001 acre tract as described under County Clerk File
Number (CCFN) 2021017477 of the Official Public Records of Lubbock County, Texas (OPRLCT), for the
Northeast comer of this tract, which bears N. 01 °43'25" E. a distance of 903.90 feet and S. 87°55'04" E. a distance
of 2120.71 feet from the Southwest comer of Section 11. Block A, Lubbock County, Texas, from whence a 1/2" iron
rod with cap marked "HUGO REED & ASSOC." found at the Southeast comer of said 80.001 acre tract bears
S. 87°55'04" W. a distance of 537.87 feet;
THENCE S. 02001'35" W. a distance of 756.35 feet to a point in the North right-of-way line of Loop 289, as
described in Volume 682, Page 145, of the Deed Records of Lubbock County, Texas, in the Southern boundary of
a 125.42 acre tract described under CCFN 2020000812, OPRLCT, for the Southeast corner of this tract;
THENCE N. 87055'04" W., along the North right-of-way line of said Loop 289 and the Southern boundary of said
125.42 acre tract, a distance of 20.00 feet to a point for the Southwest comer of this tract;
THENCE N. 02°01'35" E., a distance of 756.35 feet to a point in the Southern boundary of said 80.001 acre tract,
for the Northwest comer of this tract;
THENCE S. 87055'04" E., along the Southern boundary of said 80.001 acre tract, a distance of 20.00 feet to the
Point of Beginning.
Contains: 15,127 square feet
Bearings are relative to Grid North, Texas Coordinate System of 1983, North-Central Zone, (2011, epoch 2010.0)
Surveyed on the ground,
May 13, 2021
Robert A. Christopher
Registered Professional Land Surveyor No. 5167
Licensed State Land Surveyor
State of Texas
OKG
Page 1 of 1
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
s '
Kelly Pinion Countyy Clerk
Lubbock County TEXRS
06/01/2021 02:i9 PH
20210269Z5
OS KG
I
' Proposed Closure of a 20' Underground Water Line
Q 08ME and Sanitary Sewer Line Easement
Located on Unsubdivided Land in Section 11, Block A
" N LOOP 289
Proposed 20' Underground Water Line and
Sanitary Sewer Line Easement
To Be Closed (15,127 sq. ft.)
CCFN: 2021026925
10' UUE to Remain Open
Feet
0 100 200 300 400 500
As required by Chapter 2051, Geospatial Data Products of the Government Code, this product is for Informational purposes
and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. f does not represent an
on -the -ground survey and represents only the approximate relative location of property boundaries.
20' UWE & SSE
Proposed To Be Closed
by Separate Request
10' UUE to Remain Open
MOPE to Remain Open
City of
Lubbock
rft&s
Digital Orthophotography - 2021
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
c�
Kelly Pinion County Clerk
Lubbock County TEXyS
05/24/2022 01:12 PM
FEE: g50.00
2022020316