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Home My WebLink AboutOrdinance - 2023-O0035 - Abandon And Close North Ivory Ave And Easements In Section 38, Block D - 04/25/2023First Reading C+��, �� L�'` 1 �l�c�� f Z�w Second Reading April 11, 2023 &0 ' ''' April 25, 2023 Item No. 6.13 Item No. 6.10 ORDINANCE NO. 2023-00035 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF NORTH IVORY AVENUE STREET RIGHT-OF-WAY, AND PORTIONS OF UNDERGROUND UTILITY EASEMENTS, BLANKET GARBAGE COLLECTION EASEMENTS, UTILITY AND PRIVATE IRRIGATION LINE EASEMENTS, ACCESS AND IRRIGATION LINE AND UTILITY EASEMENTS, UTILITY AND ACCESS EASEMENTS, BLANKET UNDERGROUND UTILITY EASEMENTS, DRAINAGE EASEMENTS, AND OTHER NECESSARY EASEMENTS LOCATED IN SECTION 38, BLOCK D, LUBBOCK COUNTY, TEXAS, WHICH ARE 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 easements and right-of-way hereinafter described in the body of this Ordinance are no longer needed for easement and right-of-way purposes and for public use; and it would be in the public interest to close, vacate and abandon the same for easement and right-of-way purposes and for public use; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF TI IE CITY OF LUBBOCK: SECTION 1. THAT the easements and right-of-way as hereinafter described shall BE and the same are hereby closed, vacated and abandoned for easement and right-of-way purposes and for public use, such easements and 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 1 lth day of April , 2023. Passed by the City Council on second reading this 25th day o Aril , 2023. ' \ 7/11,1-/ PRAYMAYOR A 'TEST: AAf Courtney Paz, Interim Qt Secretary APPROVED AS TO CONTENT: Michael Keenum, P.E., Division Director of Engineering/City Engineer APPROVED AS TO FORM: Ryan rooke, Senior Assistant City Attorney Ord.A&C-Easements & Right -of -Way, Section 38, Block D 2.24.23 EXHIBIT " A " HUGO REED AND ASSOCIATES, INC. 1601 AVENUE N I LUBBOCK, TEXAS 79401 1 8061763-5642 1 FAX 8061763-3891 TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100676.00 LAND SURVEYORS CIVIL ENGINEERS METES AND BOUNDS DESCRIPTION of a 2.385 acre tract of land located in Section 38, Block D, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the East right-of-way line of North Ivory Avenue, as described under County Clerk File Number (CCFN) 2020028782, Official Public Records of Lubbock County, Texas (OPRLCT), for the Southeast corner of this tract, which bears N. 88°33'49" W. a distance of 2579.57 feet and N. 01 *13'33" E. a distance of 50.00 feet from the Southeast corner of Section 38, Block D, Lubbock County, Texas; THENCE N. 88°33'49" W., at 57.78 feet pass the Eastern boundary of that portion of North Ivory Avenue dedicated by plat recorded under CCFN 2020017336, OPRLCT, continuing for a total distance of 119.78 feet to a point in the West right-of-way line of said North Ivory Avenue for the Southwest corner of this tract; THENCE N. 46°19'52" E., along the West right-of-way line of said North Ivory Avenue, a distance of 42.35 feet to a point; THENCE N. 01 °13'33" E., continuing along the West right-of-way line of said North Ivory Avenue dedicated by plats recorded under CCFNs 2020017336 and 2008008384, OPRLCT, at 660.00 feet pass the West right-of-way line of said North Ivory Avenue, as described under CCFN 2020028782, continuing along the West right-of-way line of said North Ivory Avenue, for a total distance of 1349.84 feet to a point of curvature; THENCE Northwesterly, continuing along the West right-of-way line of said North Ivory Avenue, along a curve to the left, said curve having a radius of 21.00 feet, a central angle of 59*20'10", a chord distance of 20.79 feet and a chord bearing of N. 28026'32" W. to a point of reverse curvature; THENCE Southeasterly, along the North right-of-way line of said North Ivory, along a curve to the right, said curve having a radius of 79.00 feet, a central angle of 298040'20", a chord distance of 80.58 feet and a chord bearing of S. 88°46'27" E. to a point of reverse curvature; THENCE Southwesterly, along the East right-of-way line of said North Ivory Avenue, along a curve to the left, said curve having a radius of 21.00 feet, a central angle of 59020'10", a chord distance of 20.79 feet and a chord bearing of S. W53'38" W. to a point of tangency; THENCE S. 01 °13'33" W., along the East right-of-way line of said North Ivory Avenue, a distance of 1350.05 feet to a point; THENCE S. 43°27'30" E., continuing along the East right-of-way line of said North Ivory Avenue, a distance of 42.35 feet to the Point of Beginning. Contains 103,889 square feet Bearings relative to the South line of Section 38, Block D, Lubbock County, Texas, being previously recognized as N. 88°33'49" W. Prepared: November 18, 2022 /a Robert A. Christopher Registered Professional Land Surveyor No. 5167 Licensed State Land Surveyor State of Texas HUGO REED AND ASSOCIATES, INC. 1601 AVENUE N / LUBBOCK, TEXAS 79401 1 8061763-56421 FAX 8061763-3891 TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100676-00 LAND SURVEYORS CIVIL ENGINEERS LEGAL DESCRIPTION OF VARIOUS EASEMENTS TO BE CLOSED: All of that easement granted to the City of Lubbock, as described in Volume 468, Pg. 409 of the Deed Records of Lubbock County, Texas. All that portion of a "BLANKET GARBAGE COLLECTION EASEMENT AS REQUIRED FOR SERVICE" granted within Lot 1, Lubbock Railport, an addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded under County Clerk File Number 2008008384 of the Official Public Records of Lubbock County, Texas and a portion of North Ivory Avenue as dedicated by said Lubbock Rail. All of that "13' UTILITY & PRIVATE IRRIGATION LINE EASEMENT" granted within Lot 1, Lubbock Railport, an addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded under County Clerk File Number 2008008384 of the Official Public Records of Lubbock County, Texas. All of that "IRRIGATION LINE AND UTILITY EASEMENT" as described in "Tract 9" under County Clerk File Number 2008008385 of the Official Public Records of Lubbock County, Texas. All of that "ACCESS EASEMENT" as described in "Tract 10" under County Clerk File Number 2008008385 of the Official Public Records of Lubbock County, Texas. All of that "UTILITY AND ACCESS EASEMENT" granted to the public, as described under County Clerk File Number 2010002468 of the Official Public Records of Lubbock County, Texas. All that portion of a "BLANKET UNDERGROUND UTILITY, TRANSFORMER PAD, AND SWITCHING ENCLOSURE EASEMENT" granted to Lubbock Power and Light Company within the plat limits of Tract "F", Lubbock Railport, an addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded under County Clerk File Number 2020017336 of the Official Public Records of Lubbock County, Texas. All that portion of a "BLANKET UNDERGROUND UTILITY EASEMENT" granted to Southwestern Bell Telephone Company and Atmos Energy within the plat limits of Tract T", Lubbock Railport, an addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded under County Clerk File Number 2020017336 of the Official Public Records of Lubbock County, Texas. All of that "DRAINAGE EASEMENT" granted to the City of Lubbock, as described under County Clerk File Number 2020028783 of the Official Public Records of Lubbock County, Texas. HUGO REED AND ASSOCIATES, INC. 1601 AVENUE N I LUBBOCK, TEXAS 79401 1 8061763-5642 1 FAX 8061763-3891 TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100676.00 LAND SURVEYORS CIVIL ENGINEERS PORTION OF AN UNDERGROUND UTILITY EASEMENT TO BE CLOSED: METES AND BOUNDS DESCRIPTION of a 0.5165 acre tract of land being a portion of that Underground Utility Easement granted under County Clerk File Number 2007028953, Official Public Records of Lubbock County, Texas (OPRLCT), said 0.5165 acre tract being further described as follows: BEGINNING at a point in the Eastern boundary of that Underground Utility Easement granted under County Clerk File Number (CCFN) 2007028953, Official Public Records of Lubbock County, Texas (OPRLCT), for the Southeast corner of this tract, which bears N. 88°33'49" W. a distance of 2637.51 feet and N. 01 013'33" E. a distance of 70.00 feet from the Southeast corner of Section 38, Block D, Lubbock County, Texas; THENCE N. 88°33'49" W., at 42.00 feet pass the Eastern boundary of Tract" F", Lubbock Railport, an addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded under CCFN 2020017336, OPRLCT, continuing for a total distance of 45.00 feet to a point in the Western boundary of said Underground Utility Easement, for the Southwest corner of this tract; THENCE N. 01°13'33" E., along the Western boundary of said Underground Utility Easement, a distance of 500.00 feet to a point in the Northern boundary of said Tract "F", and the Southern boundary of Lot 1, Lubbock Railport, an addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded under CCFN 2008008384, OPRLCT, for the Northwest corner of this tract; THENCE S. 88°33'49" E., along the Northern boundary of said Tract "F" and the Southern boundary of said Lot 1, at 13.00 feet pass the Northeast corner of said Tract "F" and the Southeast corner of said Lot 1, continuing for a total distance of 45.00 feet to a point in the Eastern boundary of said Underground Utility Easement, for the Northeast corner of this tract; THENCE S. 01 *13'33" W., along the Eastern boundary of said Underground Utility Easement, a distance of 500.00 feet to the Point of Beginning. Contains 22,500 square feet Bearings relative to the South line of Section 38. Block D, Lubbock County. Texas, being previously recognized as N. 88°33'49" W. Prepared: November 18, 2022 0��a Robert A. Christopher Registered Professional Land Surveyor No. 5167 Licensed State Land Surveyor State of Texas HUGO REED AND ASSOCIATES, INC. 1601 AVENUE N I LUBBOCK, TEXAS 79401 1 8061763.6642 1 FAX 8061763.3891 TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100676-00 LAND SURVEYORS CIVIL ENGINEERS PORTION OF AN UNDERGROUND UTILITY EASEMENT TO BE CLOSED: METES AND BOUNDS DESCRIPTION of a 0.3445 acre tract of land located in Section 38, Block D, Lubbock County, Texas, being a portion of an Underground Utility Easement as granted under County Clerk File Number 2008008385 (Tract 2), Official Public Records of Lubbock County, Texas, said 0.3445 acre tract being further described as follows: BEGINNING at a point for the Northeast corner of an Underground Utility Easement as granted under County Clerk File Number (CCFN) 2008008385 (Tract 2), Official Public Records of Lubbock County, Texas (OPRLCT), said point also being in the Northern boundary of Tract "F", Lubbock Railport, an addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded under CCFN 2020017336, OPRLCT, and in the Southern boundary of Lot 1, Lubbock Railport, an addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded under CCFN 2008008384, OPRLCT, which bears N. 88°33'49" W. a distance of 2682.35 feet and N. 01°13'33" E. a distance of 570.00 feet from the Southeast corner of Section 38, Block D, Lubbock County, Texas; THENCE S. 01*13'33" W., along the Eastern boundary of said Underground Utility Easement, a distance of 500.00 feet to a point for the Southeast corner of this tract, whence the Southeast corner of said Underground Utility Easement bears S. 01 °13'33" W. a distance of 20.00 feet; THENCE N. 88°33'49" W., along a line 20 feet North of and parallel with the South line of said Underground Utility Easement. a distance of 33.23 feet to a point in the Western boundary of said Underground Utility Easement, for the Southwest corner of this tract; THENCE N. 46°19'53" E., along the Western boundary of said Underground Utility Easement, a distance of 4.56 feet to a point; THENCE N. 01 *13'33" E., along the Western boundary of said Underground Utility Easement, a distance of 496.77 feet to a point in the Northern boundary of said Tract " F", and the Southern boundary of said Lot 1, for the most Northerly Northwest corner of said Underground Utility Easement and the Northwest corner of this tract; THENCE S. 88°33'49" E., along the Northern boundary of said Underground Utility Easement, the Northern boundary of said Tract "F", and the Southern boundary of said Lot 1, a distance of 30.00 feet to the Point of Beginning. Contains 15,005 square feet Bearings relative to the South line of Section 38, Block D, Lubbock County, Texas, being previously recognized as N. 88°33'49" W. Prepared: November 18, 2022 _ Robert A. Christopher Registered Professional Land Surveyor No. 5167 Licensed State Land Surveyor State of Texas RIGHT-OF-WAY CLOSURE CCFNs 2008008384, 2020017336, 8t 2020028782 TRACT 'g - l LUBBOCK RAIL PORT ,—n ,—) ",— -fC �Wj, —'7' I wn TCJY� sm -, mx mmorarar, % n o wcasew - ! w ass.. % ar, rau�ev, -, w roa Po nr, +[af ffClKY/rl a<QNO — EASEMENT CLOSURE EASEMENT RECORDED IN Vol. 468, Pg. 409 1I k I TRACT 7$ -1 ", LUBBOCK RAIL PORT IK{MAYPOwo i I � 1� KI I TRACT "F - 1" I I I I I I NOTE: TH9 TIME THIS EASE ENTt kS RECORDED Ai—� R-04% IS SHOWN FOR DISPLAY PURPOSES ONLY. I I I I I I I I I I w I �f, I ;F -Y I I�I TRACT "F 12"I I � I I � � ALL OF THAT EASEMENT GRANTED IN VOLUME 418. — PAGE.WTOBECLOSED TRACT "F - I" ) II E. DREW ov J9,I B�Ab/ - I C(SM PPa1VYf i BT AM - I roM t,YtlP�It.,F, i � STREET - - - -f 1SFDRE W B EEF --(f�Vi- 1294)- P-O WCAY.IEM - / M. pSI. M 69t PARTIAL EASEMENT CLOSURE UNDERGROUND UTILITY EASEMENT RECORDED UNDER CCFN 2007028953 TRACT B - I'; L UBBOCK RAIL PORT r cmu wn/q l 7i ` 1 I I I I TRACT "F- I" I II I IIr I NOIh. EXISTING STREET R-O-W NOT IN EXISTENCE AT THE TIME THIS EASEMENT WAS RECORDED. I I LT R-0'W IS SHOWN FOR DISPLAY PURPOSES ONLY �I` L� I II �I II s I I i II o I I I I L I I/i R ONSOFTH I EASEMENT TO REMAIN 'I I TRAC�ilr THIS PORTION OF THEEASEMENT TO REMAIN I II THIS TIONOF THE TTO CLOSE BE CLOSED I TRACT"F-I" I I SOUTH W OF I I I I I I I I II I I I EASEMENT TO TO REMAIN I B/AM-rcc n/ary1�/ I ets-rcoM mroPl'xu/ I - - - -fAST-brit,w-6 F --fF.Af- 1294)-- -,- F-P-WCATF.IFM - I NV, pS4 N 691 / 3" E. DREW ,P•R.P.W�A:<.� STREET Ya o•wcauavT - / w aAx /s ns/ EASEMENT CLOSURE EASEMENTS GRANTED BY PLAT RECORDED UNDER TRACT 'B - /" LUBBOCK RAIL PORT l CGM MP1P//+!J / CCFN 2008008384 i 1( v' I ► TRACT "F-1" ► I I I ►I / NOTE: EXISTING STREET R-O-W NOT IN EXISTENCE AT THE. iu.1E THIS EASEMENT WAS RECORDED RO-W IS SHOWN FOR DISPLAY PURPOSES ONLY I I ► o► =' z �jTRACT jF-3° O ALL OF -17' UTILITY 6 PRIVATE IRRIGATION LINE EASEMENT' I TO BE CLOSED. A 2" ALL OF THAT-BLAOEOh"I IO GARBAGCLEASEMENT'riWnLW 1. ► L"IIII, Ra-L I RIl . l �W.LtllLgllM///',Ir/ 1 ► ► I TRACT 'IF- I" ► I O I ► H � I W I I �I I v I I J q � e,Aw.rosan,.orrr:/ I m/+a-lmMvmo,nus. I E. DREW saP rcau tRnaur/et/� a-O-WCdTfKM - /W. A'pI. Po F9l/ T "T E. DREW ,p•W.y.WFAYKA (W ro�4W )9„ STREET ,a LAr,Fcmvs aaa c LUBBOCK RAIL PORT (COM hVNN,A)J EASEMENT CLOSURE EASEMENTS GRANTED UNDER CCFN 2008008385 i 1( q' TRACT"F-I" I I I , I NOTE: PORTIONS OF THEE%ISTING STREET R-O-W NOTIII EXIS TE�CE AT E TIME THIS EASEMENT RECORDED RA WTIS SHOWN FORD SPLAY PURPOSES ONLY. I I I I � I , of I � I I � I I� I TRACT "F- I" ALL OF THE IRRIGATION LINE AND UTILITY EASEMENT DESCRIBED IN 'TRACT 9' TO BE CLOSED. - 3" w z w a Of 0 2 lY 0 z ALL OF THE 01' EASEMENT DES 'TRACT •0- TO B e � "I I I I 0. I I I aaW-(LOIYA]MOq,M, I - - - - EAST�w6 F - -F-Af - 12-04)-- - R-O-WF4[FKM • (W. J0,4 p d1/ H FE AND ASSOCIATES. INC. o z W Q a 0 Z E. DREW 30 N-P•WF/YKN, , „� �.. Po ,> , STREET - SW,NLA[SFc.w J4 dRxP _ PARTIAL EASEMENT CLOSURE UNDERGROUND UTILITY EASEMENT RECORDED UNDER CCFN 2008008385 t TRACT 'B-/: L U88OCK RAIL PORT , caM ntrolnae� ---� ALL OF VUE DESCRIBED IN TRACT 3• TO REMAIN I TRACT"F - I" I I I 1 I , I i I I NOTE: PORTIONS OF THE EXISTING STREET R-0-W NOT IN EXISTENCE AT THE TIME THIS EASELIENT WAS RECORDED. R-O�W IS SHOYM FOR DISPLAY , PURPOSES ONLY I , I I I I �II I I I I I I I�I I I I I, I 1 I1 AL OF UUE DESCRIBE IN PACTS I AND 1I TO (TRACT �F-3 n'ue • ,�. N I , caN AMpLV3a, I TRACT "F 12" I I I I I I I A PORTION OF THE I jjjl UUE DESCRIBED 'TRACT Y BE N CLOSED I I I �II TRACT"F - I" I , z , I Y I I° I =1 I II o I I/' I I I I , SOUTH M' UUE DESCRIBEBE D IN y 'TRACT 2•IITO REMAIN I e, AeI - T evN »'.ox,u, I e� Per • T evN w�.ro�Plnu, I - - - - - —EAsr-mow- F - Ae94)-- N-O WFAYKN)•(..—..Po"t, S EASEMENT CLOSURE UTILITY AND ACCESS EASEMENT RECORDED UNDER CCFN 2010002468 TRACT IF-1',' LUBBOCK RAIL PORT l CUN A}f0/MveU! I I 1� TRACT "F-I" I I NOTE: PORTIONS OF THE EXISTING STREET R-0-'N NOT INEXISTENCE At THE TIME THIS EASEMENT V/AS I I I I RECORDED. R-OW IS SHO'NN FOR DISPLAY PURPOSES ONLY. I I I I I �I I � I � I I I � I I � I wl �� I TRACT "F�2" i I I I I I� I� I TRACT "F - I" I , ALL OF THIS EASEM TO BE CLOSED I jIr I j II I I v' I 3° ate, �fffN�,�u i �..,-,caNewtw„:,F, i E.DREW lo•n.OweAse+cNl-rw/wetrols!/ - - EAST -DREW 5rTREE7: - -Fir- 4- 1294i- - !Ro -, caw eam»�ar/ R-wf4rww-Iw M.ov AI/ �it f S ��" , .M? EASEMENT CLOSURE BLANKET EASEMENTS GRANTED BY PLAT RECORDED UNDER CCFN 2020017336 i I` 1 TRACT "F- I" I I I NOTE: PORTIONS OF THE EXISTING STREET R-O-'W NOT A IN EXISTENCE AT THE TIME THIS EASEMENTWAS — RECORDED. R-OAV IS SHOWN FOR DISPLAY - PURPOSES ONLY I I I I I I I TRACT 'B - /': LUBBOCK RAILPORT ( 0TM AX1P„JS., ( - ----EASTF I TRACT "F12�' I PLAT ill I I I I �I -fFA� l2942' - (COTe EOMOA,Nl, R-0 WEA M -. ADS•, I F#/ W Z Ld > Q N� LL O 2 F- cr 0 z E. DREW gp'q•0•WE4fEKM-(W aaPo J9S/ STREET SWn IAE SEC00 E6 dlOP P DRAINAGE EASEMENT CLOSURE CCFN 2020028783 -JL�� EAST DREW STREET MT rt.Tl� �RIPLACEMENTEASEIVENT T4 BE GRANTED ALL OF THIS TO BE CLOSED. (F.M. 1294) ICI 11 � L, uMAR3T� 4. DREW+T �.FM.1 Street Closing i N Ivory Ave 103,889 sq ft >� , . S�q Blanket Garbage v- Collection Easement • Zi 42,684 sq ff Underground Utility Easement 2,283 sq ff Partial Underground Utility Easement j 15,005 sq ff Blanket Underground Utility Easement, Transformer Pad Easement, & Switching Enclosure Easement 220,933 sq ff Proposed Easement and Right -Of -Way Closures Located in Section 38, Block D Overhead Power Line Easement 7,634 sq ft Utility & Access Easement 20,242 sq ff Partial Underground Utility Easement 22,500 sq ff , Access Easement 16,625 sq ff UK�tW J1 Utility & Access Easement _1•—I 6,759 sq ft - Feet 500 1,000 1.500 2,000 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. It does not represent an on -the -ground survey and represents only the approximate relative location of property boundaries. Drainage Easement 101,583 sq ff ' 1/o City of Lubbock TEXAS M-gitaf Or-thophotogr-aphy - Mud• 202 FILED AND RECORDED OFFICIAL PUBLIC RECORDS c Kelly Pinion Countyy Clerk Lubbock Counjy TEXRS 04/28g/2023 03:�6 PM 2023013351