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Home My WebLink AboutOrdinance - 2019-O0094 - Closing A 20-Foot Underground Utility Easement - 08/13/2019 FirstReading C`�-J A L"t wct-- aDw Second Reading July 23,2019 August 13, 2019 —_ Item No. 6.10 Item No. 6.5 W _ N ORDINANCE NO. 2019-00094 co CD AN ORDINANCE ABANDONING AND CLOSING A 20-FOOT UNDERGROUND .� UTILITY EASEMENT, LOCATED IN BLOCK 84, ORIGINAL TOWN OF LUBBOCK, LUBBOCK COUNTY, TEXAS, WHICH IS MORE PARTICULARLY DESCRIBED IN o THE BODY OF THIS ORDINANCE;DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING, as PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. WHEREAS,the City Council finds that the easement hereinafter described in the body of this Ordinance is 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 easement as hereinafter described shall BE and the same is hereby closed,vacated and abandoned for easement purposes and for public use,such easement being more particularly described in the attached Exhibit"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 23rd_day of .July , 2019. Passed by the City Council on second reading this 13th day of August , 2019. JEFF IFFIT , AYOR RO TEM ATTEST: -Ri�b ca Garza,.Cify rSecr ry APPROVED AS TO CONTENT: -IU4-e�z L ti. Michael Keenum, P.E., CFM, Division Director of Engineering/City Engineer APPROVED AS TO FORM: Rya B At/ Assistant City Attorney Ord.A&C-?0-UUE-Block 84,Original Town 7.3.19 [ �. [EXHIBIT "= EMENT D1313GROUND UTILITY EA S' THE 8IATF OVTEXAS � COUNTY OF LUBBOCK KNOW ALL MEN 13Y THESE 9�E@�NT8' � ' 'rHA7r YoES7` TEXAS HOSPITAL, a subsidiary nYAmerican Medical filter.- national, Inc., u California Corporation, doing business in tho B/a|o of Tezuo ouUogbyand through its undersigned nDicerahereunto duly authorized herein � called ''GlIAo/x'on''^ for and ioconsideration o{ the sum oYONE/\moNO/zUo oDLLA138 ($1. 00), to it in hand paid by the CTTY OF LVB8OCK, u 8onxu Rule Municipal Corporation o[ Lubbock County, Texas, the receipt and sufficiency Of which is hereby acknowledged and confessed, and for tile further good and valuable cons ideration in benefits accruing and to accrue to /be remainder of G`RAy«TO|l'S property has hy these presents {;nArv7rE'D^ nA]3CAImEo SOLDaod CONVEYED, and by these presents does OB4YY7, BA/iGAli� 3z�z'~I. and CONVEY unto the CI7lr ��F l.��Bc�Cu^ its legal rpprenon|o'ivc`-` ,' oneoonro and assigns, for :he use o[ /hu e public = pnrpo� upermanent n/ u-'~orgrnund u:dik/ waoeooant and /ranobzrn`crpad easement, the free and o--'�-ter^ |ad oae liberty of passage in, along, on, over, vpvo' uodor and oprno ~p ^ s all that lying and being situated in the County of Lubbock, State n{Te-~-~e all(]»civg more particularly described as follows, to-wit: -- ` All that /rucL of land now and/or recently known anti described as all (lie North-South alley in Block 84, Original Town u[ the City u{ Lubbock, l.obbnchCoonty' 7.wsan^ together with the rights of ingress, ogroou' and regress at any and all tinoee mmaccwn`pliah tile following purposes: allowing, ^o! oo| lir^i|c'i |o" construct- ing, rocons!�ructing, repairing and perpetually maintaining any and all types o of water lines, sewer liocn^ gas.pipe lines, telephones and telegraph lines, electric transmission lines and any nf'bur type ozpublic utility, whether named adhnreinor not *hi,b onsemeo| includes al. all times and seasons the right o[bngroao' pgrcoa' and roxrrop u[ mu1-*rvehicles and yc'o«o»»l engaged eitherio such «Oootrociun and repair or tile reading o/ In order (oassure the said CITY 0F LUBBOCK, its successors ond aaoi0oa of continuing access and enjoyment of said euuoroeot /he said . ~ GBA-T 0 Rdoeah=robyezpreamlyugr=e not to erect, ho�dwrotherwise nUow to be ~`'utroutad any building nr 1/kn permanent structure over the said prope,tyhere- tofore described and Should such building or structure ore-'ed' it is under- Stood that [lie said CITY 01'.' LUBBOCK shall have the right to renovr said building structure from the premises. TO HAVE AND TO BOLD U`e above described pn:mieea together with an and singular the rights and appurtenances thereto in anywise belonging parpe- tnu4yunto the CITY OF l.\[BBOC]I' its mucc000uro and assigns, and ally all public utilities now orhereafter franchised by tile CITY001, ^ o -ngBO{:K to use the City streets and alleys for so long as tile public uses /houme for the '| pornuoeo herein granted. - i WITNESS OUR R«mcS rRTS DAY O1y75, WEST TEXAS HOSPITAL, A Subsidiary f Ailierican ATTE'G.r- W=a President usaieuunL Secretary � ` . , THE STATE OF TEXAS COUNTY OC' LUBBOCK 6 BEFOREIME', the uncle r•signed aul.hority, a Notary Public, i.n and for:•said County, Texas, on this day personally appeared 1k N (•, ;!t�L Vkm President of WEST TEXAS HOSPITAL, a Subsidiary of American Medi- cal In]'er•national, Inc., a California Corporation, GRANTOR, hereinabove narned, known to me to be the person whose name is subscribed to the rore- going instrument and acknowledged to me that he executed the same as the act and cleed of said GRANTOR, for the purposes and consideration therein eapr•essecl and in the capacity therein slated. GIVEN LIN.DE.R MY HAND ANIS SEAL OF OFl-1C13 this ;a.:�'`� clay of 1975. — N {ary Public, Lubbock County, Texas OONNA E. P ICKEIT Notary Public in and for Harris County,Texas My Conmtission Expires June 1,19� .:of TEXA% i co 1'e OF l.ucltocK f r ,ba•nJ.,nV'mn„,..n IILfD aN t},,1 ' .. ii..,Nnn:f.,ml.•J nm•oa b>a..rnJ w'nl duly n '1 �J„r-- •In'V Tums:.r..1 P..;o,A.11.RICOW4 of �r,.( -�•L.. L ..0.i r,r.aa•.a uu xuJ Leivun br m.. i ' Sao � 92 9Z` .9Z Vl9Z Cy9"L' .9L .9Z .9Z 9Z fi92 .9Z 9� � ,9Z• �, .9Z 9Z O @ �� to V' MCN 6 0�MCOi f� (O 17 V. c� Ni T AN O®yam cO r� fp I M� N.� p i,1 •"v �� J I T �lF*� { LO NL T7 CCF" _ n _ .. o 0 '� o±V 1f7I` m rn Q Np _ co, IF.SLi e. 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