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Home My WebLink AboutOrdinance - 2019-O0074 - Closing Two Underground Utility Easements - 07/09/2019 1 C.4,j !G- AO,I) First Reading Cou ti'r 7 nq Second Reading June 25, 2019 July 9,2019 i!� Item No. 6.9 Item No. 6.7 a`� ORDINANCE NO. 90]9-Q2m4 J G7 AN ORDINANCE ABANDONING AND CLOSING TWO UNDERGROUND UTILITY EASEMENTS LOCATED IN LOTS 1-3, BLOCK 133, OVERTON 'o ADDITION AND TRACT 3131, OVERTON PARK ADDITION, LUBBOCK COUNTY, TEXAS, WHICH IS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE F OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND 2!7- CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR A; PUBLICATION. E-• -s WHEREAS, the City Council finds that the easements hereinafter described in the d body of this Ordinance are 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 easements as hereinafter described shall BE and the same are hereby closed, vacated and abandoned for easement purposes and for public use, such easements being more particularly described in Exhibits"A" and `B." 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 25th day of mum_, 2019. Passed by the City Council on second reading this 9th day of_ July 2019. JEFF MIFFft1k,MAWR PAd TEM ATTEST: Rebe a Garza, City Sec etar APPROVED AS TO CONTENT: Michael Keenum, P.E., Division Director of Engineering/City Engineer APPROVED AS TO FORM: X"� RyZ B oke, AAstant City Attorney A&C-2 UUE-Overton Park 6.4.19 EXHIBIT LEGAL DESCRIPTION UTILITY EASEMENT ABANDONMENT BEING a 2,823 square feet (0.0648 acres) tract of land situated in Block O, Section 2 of the TWNG RR CO Survey, Abstract No. 591, City of Lubbock, Lubbock County, Texas, and being part of Lots 1-3, Block 133, Overton Addition, an addition to the City of Lubbock according to the plat recorded in Volume 18, Page 610 of the Plat Records of Lubbock County, Texas, and being part of that tract of land described in Special Warranty Deed to I.C.N.P Investments, Inc. recorded in Volume 4004, Page 151, Deed Records of Lubbock County Texas, and being all of a utility easement described in the document recorded in Volume 1174, Page 639 of said Deed Records, and being more particularly described as follows: BEGINNING at a 1/2-inch iron rod with plastic cap stamped "HUGO REED & ASSOC" found in the west right-of-way line of Avenue X (a variable width right-of-way), for the southeast corner of said Lot 1, Block 133; THENCE with said west right-of-way line of Avenue X, North 88°20'06" West, a distance of 25.00 feet a 1/2-inch iron rod with plastic cap stamped "HUGO REED & ASSOC" found for the northeast corner of Tract 313-1, Overton Park, an addition to the City of Lubbock according to the plat recorded in Instrument No. 2010003738 of the Official Public Records of Lubbock County, Texas; THENCE departing said west right-of-way line of Avenue X and with the north line of Tract 313-1, the following courses and distances: North 88016'16" West, a distance of 75.00 feet to a mag nail with shiner stamped "AMD ENGINEERING 806-771-5976" found for an inner ell corner of said Tract 313-1; North 1 °39'54" East, a distance of 31.20 feet to a 1/2-inch iron rod found for corner; North 88"21'35" West, a distance of 10.00 feet to a point for corner; THENCE departing said north line of Tract 313-1, the following courses and distances: North 1 "39'54" East, a distance of 20.00 feet to a point for corner; South 88"21'35" East, a distance of 30.00 feet to a point for corner; South 1039'54" West, a distance of 31.27 feet to a point for corner; South 88'1914" East, a distance of 80.00 feet to a point for corner in said west right-of- way line of Avenue X; THENCE with said west right-of-way line of Avenue X, South 1 °39'54" West, a distance of 20.00 feet to the POINT OF BEGINNING and containing 2,823 square feet or 0.0648 acres of land. The bearing system for this survey is based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone 4202 based on observations made on January 10, 2019 with an applied combined scale factor of 1.00021. EXHIBIT LEGAL DESCRIPTION UNDERGROUND UTILITY EASEMENT ABANDONMENT BEING a 257 square feet (0.0059 acres) tract of land situated in Block O, Section 2 of the TWNG RR CO Survey, Abstract No. 591, City of Lubbock, Lubbock County, Texas, and being part of Tract 313-1, Overton Park, an addition to the City of Lubbock according to the plat recorded in Instrument No. 2010003738 of the Official Public Records of Lubbock County, Texas, and being part of that tract of land described in Special Warranty Deed to CH Retail Fund 1/Lubbock Overton, L.P. recorded in Instrument No. 2015041401 of said Official Public Records, and being all of an underground utility easement shown on the plat of said Overton Park, and being more particularly described as follows: BEGINNING at a point in the north line of said Tract 313-1; from said point a 1/2-inch iron rod with plastic cap stamped "HUGO REED & ASSOC" found in the west right-of-way line of Avenue X (a variable width right-of-way), for the easternmost northeast corner of said Tract 313-1 bears South 88°16'16" East, a distance of 53.00 feet; THENCE departing said north line of Tract 313-1, the following courses and distances: South 1 °39'54" West, a distance of 28.56 feet to a point for corner; North 88°20'06" West, a distance of 9.00 feet to a point for corner; North 1 °39'54" East, a distance of 28.57 feet to a point for corner in said north line of Tract 38-1; from said point a mag nail with shiner stamped "AMD ENGINEERING 806-771- 5976" found for an inner ell corner of said Tract 38-1 bears North 88°16'16" West, a distance of 13.00 feet; THENCE with said north line of Tract 313-1, South 88"16'16" East, a distance of 9.00 feet to the POINT OF BEGINNING and containing 257 square feet or 0.0059 acres of land. The bearing system for this survey is based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone 4202 based on observations made on January 10, 2019 with an applied combined scale factor of 1.00021. toM�a O a�� 004 �M� tm V4 o 0 V4 4JM O M 41 o 0 oa w a x and AIM3NN(1 FILED AND RECORDED OFFICIAL PUBLIC RECORDS OP L Kelly Pinion County Clerk Lubbock County TEXYS 07/15/2019 03:14 PM FEE: $42.00 2019026615