HomeMy WebLinkAboutOrdinance - 2019-O0088 - Closing 20-Foot Wide Alley - 07/23/2019 First Reading� , Second Reading
July 9, 2019 July 23, 2019
Item No. 6.8 Item No. 6.5
ORDINANCE NO. ()I t 991I$_ M0
AN ORDINANCE ABANDONING AND CLOSING A 20-FOOT WIDE ALLEY, Z.
LOCATED EAST OF ZENITH AVENUE,ADJACENT TO THE SOUTH PROPERTY LINE —'
OF BENNETT-KERR ADDITION, LUBBOCK COUNTY, TEXAS, WHICH IS MORE
PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; RESERVING A
UTILITY EASEMENT; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL
MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING AND
RESERVATION; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR 7
PUBLICATION.
WHEREAS, the City Council finds that the alley hereinafter described in the body of
this Ordinance is no longer needed for alley purposes and for public use;and it would be in the
public interest to close, vacate and abandon the same for alley purposes and for public use;
NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the alley as hereinafter described shall BE and the same is hereby
closed, vacated and abandoned for alley purposes and for public use, such alley being more
particularly described in the attached Exhibit "A."
SECTION 2. THAT an easement is hereby reserved on the property described in
Section 1, above, and such easement is reserved and retained for utility easement purposes
with the right of ingress and egress at all times for such purpose, and an easement is 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 easement
reservation, 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 9th day of _114 2019.
Passed by the City Council on second reading this 23�dday of 1111)4 , 2019.
,,, • DANIEL M. POPE, MAYOR
C1�f,.
ATTEST:*;'.' ..' <
Rebec a Garza, City Secreta y
APPROVED AS TO CONTENT:
llkle,� ZjC1m",_,
Michael Keenum, P.E., Division Director of Engineering/City Engineer
APPROVED AS TO FORM:
Ry9i T'ooke,4<ssistant City Attorney
A&C-20-foot Alley-Bennett-Kerr Addition
6.4.19
:DEXHIBIT
A tract of land being a dedicated alley out of the S.G.Steele 160-acre tract out of Section Three(3),
Block S, Lubbock County,Texas, as described in a Partition Deed recorded in Volume 453, Page 365,
Deed Records of Lubbock County,Texas, said dedicated alley being described as follows:
BEGINNING at a 1/2" iron rod, being the Northeast corner a 82.91 acre tract as recorded in Instrument
Number 2016-44118 and the Southeast corner of a dedicated alley, also being a point on the West right-
of-way line of Guava Avenue, being the true POINT OF BEGINNING.
THENCE N 73036'00" W along the South line of said dedicated alley and along the North line of the
following tracts,a 82.91 acre tract as recorded on Instrument Number 2016-44118, and a 4.06 acre tract
recorded in Instrument Number 2016-44315, a distance of 2762.61 feet to a 3/4" iron rod, being the
Southwest corner of said dedicated alley and the Northwest corner of said 96.22 acre tract,said point
also being a point on the East right-of-way line of Zenith Avenue.
THENCE N 00°44'00" W, along said East right-of-way line,a distance of 20.93 feet to a 3/4" iron rod,
being the Northwest corner of said dedicated alley and the Southwest corner of a 2.028 acre tract as
recorded in Instrument Number 2002-43631, said point also being a point on the East right-of-way line
of Zenith Avenue.
THENCE S 7336'00" E along the North line of said dedicated alley, and the South line of the following
tracts, being a 2.028 acre tract and a 2.509 acre tract as recorded in Instrument Number 2002-43631, a
2.947 acre tract as recorded in Instrument Number 2007-9319,a 10.33 acre tract as recorded in
Instrument Number 2016-044315,a 6.042 acre tract and a 3.139 acre tract owned by the state of Texas,
a 1.922 acre tract as recorded in Instrument Number 2018-12698, a 0.979 acre tract as recorded in
Instrument Number 2016-671,a 1.927 acre tract as recorded in Instrument Number 2016-671 and a
3.116 acre tract as recorded in Instrument Number 2016-42736,a distance of 2762.61 feet to a 1/2" iron
rod, being the Northeast corner of said dedicated alley and the Southeast corner of said 3.116 acre tract,
said point also being a point on the West right-of-way line of Guava Avenue.
THENCE S 0044'00" E, along said West right-of-way line a distance of 20.93 feet to the POINT OF
BEGINNING.
Containing 55,252.2 sq.ft.or 1.27 acres of land, more or less.
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FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
C.
'OP
Kelly Pinion Coun£y Clerk
Lubbock Coun�y TEXyS
07/30/2019 04:64 PM
FEE: $42.00
2019029179