HomeMy WebLinkAboutOrdinance - 484-1931 - Closing Part Of 5Th St. And Ave H - 04/09/1931I -
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ORDHJAl\JCE NO . 48 4
04-23-l'l?J
AN ORDI NANCE CLOSING VACAT I NG AND PERl!!At-.;EN'TLY .ABAND ON I NG A PART At-.ID
PORTION OF FIFTH STREET .AND A~Jil\lUE H IN THE ORIGINAL TOr-lN OF LUBBOCK
IN LUBB OCK COill~TY TEXAS FR01\~ THE POINT WHERE THE CENT EF. Lil\lE OF FIFTH
STREEr INTERSECTS THE WEST BOIDIDARY LINE OF AVENUE H SOUTH TO ~""ERE THE
WEST BOUNDARY LINE OF AVENUE H INT ER SECTS THE NORTH BOUNDAEY LINE OF
THE PANHANDLE & SANTA FE RAILWAY COl\:PANY' S RIGHT OF WAY AND SOUTl-':.F.AST-
ERLY ALONG SAID RIGHT OF WAY LIN.E TO A POI 1 ~T 1NHERE SAJ,:E I :N"'TERSECTS THE
WEST R'ETAI1-r:[NG WALL OF THE T;lfJDERPASS ON AVENUE H AriD NORTH ALONG THE
LINE OF SAID WEST RETAINING WALL OF THE IDIDEBPASS TO THE P OI NT VclBERE
THE CE:TTER LIKE OF F I FTH STRE'Icr IN TE.?SEC TS, AND ALO NG SAID C~·TTtiJ\ Lil\TE
OF FIFTH STREEr TO THE PLACE OF BEGI:t--11H NG F ORE PARTICULARLY DESCRIBED
HEREIN; DECLARING THAT THE PTJBLI C 1TECESSITY Alm COJ\TVENIENCE DEMAND SUCH
ACTION AJ\lD TP..AT A FURTHER CONTINUATION OF SAID P l'RTIO N OF SAID STREETS
CONSTITUTES A NUISANCE ; PROVIDING THAT THE EFFECT OF THIS ORDI ~TA NCE
SHALL OPERATE AS A QUITCLAI M DEED TO THE ABUT TI NG PROPERTY O~TRERS AS
TO T.h"E PORTION OF THE STREET CLOSED~ AND PRO VID ING THAT THIS ORDINANCE
SHALL Bt!;C O~"E EFFECTIVE I MMEDIATELY .t~:t(C»,! A:t-t"D AFTER I TS DATE OF PASSAGE.
Whereas, it appearing to the City Council of the City of Lubb ock
Texas that that portion of Fifth Street and of Aven ue H now lying be-
tween t h e line of the west retai ni ng wall o f t he underpas s on Av e nu e
H and the ~.rest bounda ry line of Avenue H ext e nd i n g from t h e center
line of Fifth Street south to the Pa.nha,ndle & Santa Fe Ra.il ~y Company 's
north ri ght of v .. ray boun dary l ine , is not now b eing used as .a public
thorou gh fare and cannot now ·oe used as such becau s e of t h e obstru ction
thereof by numerous railroad tracks, and th.a .t it constitutes a nuisance
and that t h e public necessity and c onve n ience demand that s u ch portion
of such :V 'ift h ·street and Ave nue H b e close d , a nd said po rtion of said
streets being more p a rticularly described a s follows, to wit:· . .
Beginning at the intersection of the center line of Fifth Street
with tlJ .e we st boundary line of Avenue H;
Thence South al ong and with tb e west line of Av enu e H t o the
po i n t where t b.e we st line of Avenue H int ers e ct s the no rth b oundary
1 ine of the Panhandl e & Santa. Fe Bail road conrp any • s ri ght of vr'Cl.y;
The nce Along a nd with t he no rth lin e o f said right of wa.y in a
southeasterly directioh to tb.e p oint in Avenue H wb.ere t h e said right
of way intersects th.e west reta ining wall of the underpass on Avenue H;
Th e nce North along and with t t.e 1 ine of t he vve s t retaini ng wail
of sai d u ntierpas s t o t h e p oin t wher e t he c enter line o f Fifth Street
intersects said west reta i n ing wa l l ;
Th en ce West a1ong a.nd with t h e cent e r lin e of Fi f t h. Stree t to
where ±t intersects t h e west boundary lin e of Avenue H, t h e place of
beginning .
And, wh.erea s, Swift and Co mpany, I n c o rporated , t h e · only p rou erty
0
orner a but t ing on s a i d portion of said streots above described, has
assented in writing to the closing of the s ar1e, and has petitioned the
City Council in writing that said portion of said stree ts above
described be closed and vacated, and have accepted a. re'fersion of any
and all rights in and to said portion of said streets :
Texas:
-Now therefore, be it ordained by the City Council of Lubbock ~
Section 1: That the following descrioed sections and portions of
Fifth Street and of Avenue H within the corporate limits of the City
of Lubbock 'lexa.s be and the same are hereby declared to be permanently
closed, abandoned and forever vacated for use as a public street,
highway or thoroughfare, to wit:
· Beginning at the intersection of the center line of Fifth Street
with the west line of Avenue H;
Thence South along and with the west line of Avenue H to the
point where the westJ. line of Avenue H intersects the north boundary
line of the Pant.andle & Santa Fe Railway company• s right of way;
Thence Along and with the north line of said right of way in
a general southeasterly direction to the point an Avenue H where the
said right of way line intersects the west retaining wail of the
underpass on Avenue H;
Thence Harth along and with the line of the west retaining veil
of said underpass to the. point wb.ere the center line of Fifth Street
intersects said west retaining wall;
Thence West along and with the center line of Fifth Street to
where it intersects the west boundary line on Avenue H, the place of
beginning.
Section 2 : That the perma,nent closing, vacating and abandoning of
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the above described portions of Fifth Street ~is hereby declared to
be a public nece~si ty and tl1e continuation thereof as a public bighway
or thoroughfare declared to be a public menace or nuisance, and this
ordinance shall operate as a quitclaim deed fror:1 the city of Lub ock
to the abutting property owners, resigning and discharf.:"in g any a,nd all
claims of the city of Lubbock, Texas, to use the same as a public
highVtey and thoroughfare .
. Section 3: The City reserves unconditionally the right a.t all times
to construct, maintain and operate its utility lines , and to grant
sL.ilar ri e,hts and fra:J.chises to public utility lines a.i rs ·? q
eeq.rnios · :f.e!p-:iHnl:ae~n y t a •s, in, upon , under , over or etc ross said
stre ~t , without cost or damage to itself or grantees, or pu~lic
f'/1i.'"l.. ~ ,<,ta& •• •, T r-.. ;;; •• .... utility privileges.& J};
Section 4: That this ordinance sh.all beco .. e effective irrlDW.diately
from and after its passage .
Passed and Approved this the j'Kaay o f April, A. D. 1 931.
P~ L~ 'tt-~~~~4t9~/
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Mayor
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