HomeMy WebLinkAboutOrdinance - 2023-O0018 - Abandon And Close Portions Of ROW In Section 11, Block E - 03/07/2023IC', I-) uk L�Iobom - (ZO" / [owiaCr� I:ry
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First Reading Second Reading
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February 28, 2023 March 7, 2023
Item No. 5.7 Item No. 6.14
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ORDINANCE NO. 2023-00018
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AN ORDINANCE ABANDONING AND CLOSING A PORTION OF RIGHT-OF-
WAY ALONG 98TH STREET AND A PORTION OF RIGHT-OF-WAY ALONG AVENUE
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P, LOCATED IN SECTION 11, BLOCK E, 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 right-of-way hereinafter described in the
body of this Ordinance is no longer needed for right-of-way purposes and for public use; and
it would be in the public interest to close, vacate and abandon the same for 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 right-of-way as hereinafter described shall BE and the same
is hereby closed, vacated and abandoned for right-of-way purposes and for public use, such
right-of-way 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 28th day of February , 2023.
Passed by the City Council on second reading this 7th day of March , 2023.
ATTEST'.."
City ecretary
APPROVED AS TO CONTENT:
Michael Keenum, P.E., Division Director of Engineering/City Engineer
APPROVED AS TO FORM:
Ryan rooke, §enlor Assistant City Attorney
Ord.Street Right -of -Way, Section 11, Block E
2.8.23
AM
LAND SURVEYORS
CIVIL ENGINEERS
Tract I:
HUGO REED AND ASSOCIATES, INC.
1601 AVENUE N / LUBBOCK, TEXAS 76401 1 8001763-8642 1 FAX 8061783-3861
TEXAS REGISTERED ENGINEERING FIRM F-760
TEXAS LICENSED SURVEYING FIRM 100676-00
EXHIBIT"A"
All of that 60 foot right-of-way easement as described in Volume 1866, Page 52 of the Deed Records of
Lubbock County, Texas.
Tract II:
The East eight feet (8') of that 40 foot right-of-way easement as described in Volume 1014, Page 221 of the
Deed Records of Lubbock County, Texas.
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Parcel #8 U
% CR #72 (98th Street)
RIGHT-OF-WAY EASEMENT From
Ave. P to U.S. 87
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R °ti En : VOLi86S Pace 52
'CP ATI OF TEXAS 1
County of
L MOCK J} KNOW ALL MIN 13Y THESE PRESENTS:
THAT W. C. HUFFATCBEt JR
Of Lubbock County in consideration of the gym of .
One Dollar and no/too ($1.00) ------------------------„d other good and valuable consideration
In hand paid by the County of Lubbock, Texas, receipt of which is hereby acknowledged, do by these presents grant,
bargain, sell and convey unto the County of Lubbock, Texas, the tree and uninterrupted use, liberty and privilege
of the passage In, along, upon and across the following tand(s) In Lubbock County, Texas, owned by:.__,,.
W. C. Huffaker
and be in particular l ddes�cribed as follows, to -wit:
A strip of land 60 feet wide off the entire north side of the northeast quarter of
Section 11, Block E. Lubbock County, Texas.
Said strip more particularly described as follows:
BODWIN0t
THRICE:
THRICE:
THRICE:
THWCEt
At a point in the north line of Section 11, that is 475 feet west of
the northeast corner of the northwest quarter of said Section 11,said
point is in the west right of way line of U.S. 871
West along the north line of said Section 11, a distance of 2,119.24
feet to a point in the east line of Avenue P;
South 60 feet to a point;
Fast along a line 60 feet south of and parallel to the north line of
Section 11, 1229.22 Peet to a point, said point is 6 feet west of well;
North 12 feet to a point,
But 12 feet to a point;
South 12 feet, to a point;
Bast along a line 60 feet south of and parallel to north line of said
Section 11, 878.0 feet to a point in vest line of U.S. 87;
North 60 feet to place of beginning.
For the purpose of opening, constructing and maintaining a permanent road In, along, upon and across
said premises, with the right and privilege at all times of the grantee herein, his or its agents, employees, workmen
and representatives having Ingress, ogress, and regress in, along, upon and across said premises for the pupose of
making additions to, Improvements on and regain to the said road „ or any part thereof.
It is specifically understood that the County of Lubbock, Texas and its assigns shall be vested with the title to
and the right to take and use, without additional compensation, any stone, earth, gravel, caliche or any other Water.
lob or minerals upon. In and under said land, except oil, gas and sulphur, for the construction and maintenance of
the County Road System of Lubbock County, Texas.
And it Is further agreed that Lubbock County
in consideration of the benefits above set out, will remove froth the property above described such fences, buildings
and other obstructions as may be found upon said premises.
TO. HAVE AND TO HOLD unto the sold County of Lubbock as aforesaid for the purposes aforesaid the.
premisei above described, / '/
Wltn and_, this the day of;01 , A. D. 19-44
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81NGLE ACKNOWLEDGEMENT
THE STATE OF TEXAS County or LynnI
Before me, Beater A_ Morehead „ a notary public In and for said County and State, on
this day personally appeared W. C.Huffaker, Jr
known to me (or proved to me on
the oath of a credible witness) to be the person_ whose name —
In
sulueribed to the foregoing instrument and acknowledged to me that ._he_ executed the game for
the Purpow and considerations therein expressed.
Given under my hand and seal of office, this th 2 sy of May 19 68�
Seal . !azW � 1 .
S) Notary Public in and for LVn11 County, Texas
JOINT ACKNOWLEDGEMENT
THE STATE OF TEXAS,
County of BEFORE ME, the undersigned, a Notary Public,
In and for said County. Texas, on this day personally appeared
and
his wife, both known to me to be the persons whose names are subscribed to the foregoing Instrument, and acknow-
ledged to me that they each executed the same for the purposes and consideration therein expressed, and the sold
wife of the sold having been
examined by me privily and apart from her husband, and having the some fully explained to her, she, the said _.
acknowledged such Instrument to be her act and deed, and she declared that
she had willingly signed the same tar the purposes and consideration therein expressed, and that she did not wish to
ratraot It.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, Thla .day or A. D. IL—
(L S.) Notary Public in and for County, Texas
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THE STATE OF TEXAS
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thla day Oersmup aw"Umd--- fUUZ& M- aid"' .r._..�..........._.�
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SIGHT -OF -WAY EASEMENT T act�85
STATE 00 TEXAS l
GbuntyoL �2jock li agow A .T. ad& ST TI mmwm:
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THAT
_ and R08ERT D. SIETOMR
of en TiMIMMw ai ettba aam o!
_ nne AnA n- /100 =1 00 f
• • other mood end t�a4mDle oatadai
In hand paid by the County of Lubbock, TftM nta19, of wWM h bgd& ac)vhowledg4 do by than,* - gm%%
bargain, see and convey unto the Comity of Lubbock, 'proms, die fee aad wanomped tub i jft and *Mhge
dt the pamoge K along upon tad *am the suowft w dw i .. Lubbock n... Mw, Ted %
ON bt. C _ i+_. Gitllab
and Robert D. Fletober
aA belne Partleutarty denrOM as Idhrw4 foam:
A strip of land 40 feet Nide off the entire erect aide of the
Northerest A of Section 11, Block E, O.C. & S.F. R.R. Co, Survey,
Lubbock County, Texas.
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Land conveyed by deeds recorded in Vol, 937, Pg. 595, and Vol. 91&0,
Pg. 42, Lubbock County Deed Records. a
Said strip includes land in present County road.
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Tract 15
Pnciw
County Road R #23
Highway No.
�_ 11 Blk E Joh
Between -_ A2nt� attest
F � 1585 and
RIOT-OF-WAT ?-;-
By
LUBBOCK MO
A.
This � 4Aof
A.D.19- ,in
County, Texas, Records of Dealk 6t
Hook � Ciarlt,
DepW.
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Proposed Closure of ROW Easement Along 98th St,
and a Portion of a ROW Easement Along Ave P,
Located in Section 11, Block E
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60H Easement to be Closed
Feet
0 500 1,000 1,500 2,000 City of
As required by Chapter 2051, Geospatial Data Products of the Government Code, this product is for informational purposes Lubbock
and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. h does not represent an T TEXAS
on -the -ground survey and represents only the approximate relative location of property boundaries. Digital Orthophotography - May 2021
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
Kelly Pinion Countyy Clerk
Lubbock County TEXRS
03/13/2023 04:11 PM
FEE: $54.00
2023009205