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HomeMy WebLinkAboutOrdinance - 2019-O0020 - Closing A 15-Foot Wide Alley - Adventure Park Addition - 02/25/2019First Reading February 12,2019 Item No.8.5 ORDINANCE NO.2019-00020 Second Reading February 25,2019 Item No.7.6 AN ORDINANCE ABANDONING AND CLOSING A 15-FOOT WIDE ALLEY, LOCATED IN TRACT B,ADVENTURE PARK 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 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"and "B." 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 and storm water drainage and impoundment easement purposes with the right of ingress and egress atalltimes forsuchpurposes,andaneasementisalsoreservedforanyandallexistingpipelines 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. i" © !•-* CO <s o E=2 _f .-a i o i c/> M O —JO AND IT IS SO ORDERED. Passed by the City Council on first reading this 12th day of February , 2019. Passed by the City Council on second reading this 25thday of February , 2019. DANIEL M. POPE, MAYOR ATTF�.ST: :. Reb`ec Garza, Citu S�eretar ...... APPROVED AS TO CONTENT: l �l Michael Keenum, P.E., Division Director of Engineering/City Engineer APPROVED AS TO FORM: Ry n )11`�oke, A sistant City Attorney Ord.A&C-15-foot Alley -Adventure Park, Tract B 1.25.19 HUGO REED AND ASSOCIATES, INC. gg 1601 AVENUE N / LUBBOCK, TEXAS 79401 / 806-763-5642 / FAX 806-763-3891 1 t TEXAS REGISTERED ENGINEERING FIRM F-760 EXHIBIT TEXAS LICENSED SURVEYING FIRM 100676-00 LAND SURVEYORS CIVIL ENGINEERS 1 �' 190019 Adventure Park -Lubbock, LP METES AND BOUNDS DESCRIPTION of a 0.1444 acre portion of a 15 foot alley dedicated in Volume 490, Page 99 of the Deed Records of Lubbock County, Texas, located South of and adjacent to the Southern boundary of Tract "B", Adventure Park, an addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication thereof recorded under County Clerk File No. 2017009165 of the Official Public Records of Lubbock County, Texas: BEGINNING at a point for the original Southeast corner of said Tract "B", Adventure Park and the Northeast comer of this tract, from whence a 5/8" iron rod found at the Northeast corner of said Tract "B" bears N. 01°54'23" E. a distance of 727.72 feet; THENCE S. 01054'23" W. a distance of 18.58 feet to a 1/2" iron rod with cap marked "HRA" set in the North right-of-way line of the Marsha Sharp Freeway as described in Volume 6729, Page 1 of the Real Property Records of Lubbock County, Texas for the Southeast corner of this tract; THENCE S. 55043'41" W., along said right-of-way line, a distance of 413.90 feet to a 1/2" iron rod with cap marked "HRA" set for the Southwest corner of this tract; THENCE N. 34014'08" W. a distance of 15.00 feet to a metal post found at the Southwest comer of said Tract "B" and the Northwest comer of this tract; , THENCE N. 55043'41" E., along the Southern boundary of said Tract "B", a distance of 424.86 feet to the Point of Beginning. Contains: 6,291 square feet. Bearings are relative to the Southern boundary of Tract "B", Adventure Park, previously surveyed and recognized as being N. 55043'41" E. Surveyed on the ground`` January 4, 2019 10 ARPr01..1. Registered Professional Land Surveyor s •" 5410 o No. 54 10 State of Texas. email: bcarroll@hugoreed.com�Z) �. S A N I ® HEIR Proposed Alley Closure ®HEffl �® ®HE Located Adjacent to the South Line ®® of Tract B, Adventure Park Addition EEO MHHH OS bry\ Q ®® o—PUREE SaP11 �®®®I34THI Suu®®®�� u, 2�7TH STD` . Pr oposed op ley osed Al j F s Closure N Y _ j/ _ A I a t Digital Orthophotography - Jan 2018 Feet 0 50100 200 300 400 500 600 As required by Chapter 2051, Geospatial Data Products of the Government Code, this product is for informational purposes hhCity of 1' and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an Lu IJ IJ OCA on -the -ground survey and represents only the approximate relative location of property boundaries. TEXAS EXHIBIT STATE OF TEXAS § a " § COUNTY OF LUBBOCK § STORM WATER DRAINAGE AND IMPOUNDMENT EASEMENT That ADVENTURE PARK LUBBOCK, LP (hereinafter referred to as the "Grantor"), for TEN AND /100 DOLLARS ($10.00 and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has by these presents GRANTED, BARGAINED, SOLD AND CONVEYED and by these presents does GRANT, BARGAIN, SELL and CONVEY unto the CITY OF LUBBOCK, TEXAS, for the use of the public as a perpetual and permanent storm water drainage and impoundment easement the free and uninterrupted use, liberty of passage in, on, along, over, upon, under and across all of the real property as shown on Exhibit "A" attached hereto and incorporated herein by reference (herein referred to as the "Property") together with all and singular the rights and appurtenances thereto in any way belonging (collectively, the "Easement"), to have and to hold the Easement to the CITY OF LUBBOCK for so long as the public uses same for the purposes herein granted. That the Easement shall continue so long as the public continues to use said property for storm water drainage and impoundment easement, which easement shall include, but shall not be limited to, the right to construct, reconstruct, maintain, repair, clean and clear said property for the free and unobstructed drainage and storage of surface water, together with the right of ingress, egress, and regress for such purposes in, on, along, through and across said property to accomplish the purposes set out herein. That the CITY OF LUBBOCK shall have the right to set and determine the drainage grade and direction of flow of surface waters on the above described real property, and building or like permanent structures shall not be erected, built or constructed, or allowed to be erected, built or constructed in, upon, over, along, or across the above described real property, and if such erection, building or construction does occur in violation of this prohibition, the CITY OF LUBBOCK shall have the right to remove said building or structure from the above described real property. IN WITNESS WHEREOF, this instrument is executed this jL day of , ADVENTURE PARK LUBBOCK, LP By:',4An Title: (/ Print:f STATE OF TEXAS COUNTY OF LUBBOCK The foregoing strument was acknowledged before me on this , da of ��� by � ��S Y 'SPRY PB(i BELEN GOME7_ Notary Public, State of Texas *c Notary Public, State of Texas My Commission Expires /Q �, OF Pg My Commission Expires 10-13.2019 ��. HUGO REED AND ASSOCIATES, INC. 1601 AVENUE N / LUBBOCK, TEXAS 79401 / 806-763-5642 / FAX 806-763-3891 I :!� I; TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100676-00 LAND SURVEYORS CIVIL ENGINEERS 190019 Adventure Park -Lubbock, LP METES AND BOUNDS DESCRIPTION of a 0.1444 acre portion of a 15 foot alley dedicated in Volume 490, Page 99 of the Deed Records of Lubbock County, Texas, located South of and adjacent to the Southern boundary of Tract "B", Adventure Park, an addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication thereof recorded under County Clerk File No. 2017009165 of the Official Public Records of Lubbock County, Texas: BEGINNING at a point for the original Southeast corner of said Tract "B", Adventure Park and the Northeast corner of this tract, from whence a 5/8" iron rod found at the Northeast corner of said Tract "B" bears N. 01 °54'23" E. a distance of 727.72 feet; THENCE S. 01054'23" W. a distance of 18.58 feet to a 1/2" iron rod with cap marked "HRA" set in the North right-of-way line of the Marsha Sharp Freeway as described in Volume 6729, Page 1 of the Real Property Records of Lubbock County, Texas for the Southeast corner of this tract; THENCE S. 55043'41" W., along said right-of-way line, a distance of 413.90 feet to a 1/2" iron rod with cap marked "HRA" set for the Southwest corner of this tract; THENCE N. 34014'08" W. a distance of 15.00 feet to a metal post found at the Southwest comer of said Tract "B" and the Northwest comer of this tract; , THENCE N. 55043'41" E., along the Southern boundary of said Tract "B", a distance of 424.86 feet to the Point of Beginning. Contains: 6,291 square feet. Bearings are relative to the Southern boundary of Tract "B", Adventure Park, previously surveyed and recognized as being N. 55043'41" E. Surveyed on the ground January 4, 2019 13r6—iCarroll Registered Professional Land Surveyor No. 5410 State of Texas email: bearroll@hugoreed.com FILED AND RECORDED OFFICIAL PUBLIC RECORDS Kelly Pinion County Clerk Lubbock County TEXAS 03/06/2019 10:�6 AM FEE: $50.00 2019007545