HomeMy WebLinkAboutOrdinance - 1384-1953 - Abandoning And Closing For Public Safety Part Of N-S Alley In Block 60 - 04/24/1953;
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04--d4-195"3
ORDINANCE NO. 13 94
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AN ORDINANCE ABANDONING AND CLOSING FOR PUBLIC TRAVEL THE WEST NINE AND
ONE~ALF FEET (W 9t') OF THAT PART OF THE NORTH-80UTH ALLEY IN BLOCK 60 OF TIE
CRESTLArJN ADDITION TO THE CITY OF LUBBOOK! LUBBOCK COUNTY 1 TEXAS ABUTTING LOT 7 IN
SAID BLOCK 60 AS DESCRIBED BY METES AND BoUNDS IN THE BODY OF THIS ORDINANCE;
RESERVING AN EASEMENT FOR PUBLIC UTILITY LINES 1 POLES, E'm.
WHEREAS, it appears to the City Commission of the City of Lubbock that
that portion of the public alley hereinafter described is not needed for public
travel and is not now being used for aiijl" such purpose, and it vould be in the
public interest if the same be abandoned and closed for public travel, providing
an easement be reserved across same for public utilities purposes; THEREFORE,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOOK:
SECTION 1. That that part of the alley running North and South through
Block 60 of the Crestl.avn Addition to the City of Lubbock, Lubbock County, Texas,
described by metes and boUDds as follows, to-\11 t:
BEGINNING at a point that is 141.5 feet West of the Northeast
Corner of Block 60 of the Crestlavn Addition;
THENCE South 140 feet to a point;
THENCE West 9.5 feet to a point;
THENCE North 140 feet to a point;
THENCE East 9.5 feet to the PLACE OF BEGINNING,
is hereby abandoned and closed for public travel.
SECTION 2. That an easement over the tract of land desO'J"ibed in
Section 1 (One) of this Ordinance is hereby reserved and retained for the purpose
of erecting, constructing, reconstructing and I'llflintaining public utility lines and
poles across said tract of land together with the right of ingress and egress at
all times for such purposes, and an easement is also reserved for any and all
existing pipelines and other utilities situated underground within said tract of
land together with all rights appurtenant to the continuation of such utilities.
SECTION 3. The City of Lubbock shall not be liable for any damages vhich
may have accrued or may hereafter accrue by virtue or by reason of the utility
easement and the maintenance of such utility lines as may be constructed or here-
after constructed ever or across or under the above described tract of land.
AND IT IS SO ORDERED.
On motion of·Comroissioner Morris , seconded by
Commissioner Carpenter , the foregoing Ordinance was passed on
first reading this 24th day of April , . 1953, by the following vote.
Commissioners voting "YEA"s Morris 1 Carpenter, Davis mel Ma.Tor Tl"ipp
Commissioners voting "HAY": None
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On motion of Commissioner _.;;;.Da;;;;.vis;.;::;;;.,..__~--:=-----=--~"":":"_.J' seconded by ~ommissioner Thomas , the foregoing Ordinance was passed
on second reading this 2Sih day of Maz , 1953, by the
following vote:
CO!!JDlissionera voting "YEA"s Carpenter, Davis, Thomas and Mayor Pro-tem
Morris.
Co:mmissioners voting "NAY": None.
d~H ~-·-c;:;;;;;:J. TRIPP; Mayor
Harry Morris, Mqor Pro-tem ~
Lava~, cYs9Ctary-Treasurer
WLs:rr
4-29-53
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Jriginal Executed cony sent to Mr. Holmes, City
ll:ngineer, t~Iay29, 1953,
to send to be filed for
J' • ,. w .....
r~cord.
0
PERMANENT UTILITY EASEMENT
THE STATE OF TEXAS A
COUNTY <F LUBBOCK ~
KNCli AU M:EN BY THESE PRESENTS:
That I, SUSIE D. GABBERT, a feme sole, of the County ot Lubbock
am State or Texas, for and in ecmsideratian of the sum or OOE AND N0/100
($1.00) DOLLARS, cash in hand paid by the CITY OF LUBOOCK~ receipt of
which i.s hereby acknowledged and ccmfessed, do by these presents Grant,
Ba.rgin, Sell and Convey to the CITY OF LUBBOCK, a Home Rule Munieipal'
Corporation or Lubbock County, Texas, the right to construct, reconstruct
and perpetually maintain public utility lines and poles over, under and
across the following described tract or parcel of land situated in the C1t7
of Lubbock, Lubbock County, Texas, and being described as follows, to-witt
BEGINNING at a point that is 141.5 feet West. of the Northeast
corner of Block Sixty (60) of the Crestlawn Addition to the
City or Lubbock;
THENCE South 140 feet to a point;
THENCE West 9. 5 feet to a point ;
THENCE North 140 feet to a point;
THI!NCE East 9.5 feet to the PLACE CF BIDI:NNING,
together with the right of ingress and egress, for the purposes of maintaining
such utility lines, poles and pipelines situated or that may hereart.er be
constructed or reconst.rt£ ted over, under and across said tract. ot l.a.nd.
TO HAVE AND TO HOlD the saDW.t perpetually to the CITY OF LUBBOCX
and its suceessors and assigns Forever, together with the ri.ghts and privileges
at an;y and all times to enter .aid premises or any part thereof for the pur ..
poses hereinabove stated.
WITNESS M1f HAND this 22nd da7 ot May, 195:3.
THE STATE OF TEXAS I
COUNTY OF LUBBOCK A
/ . s/Susie B. Gabbert
Susie D. Gabbert
BEFORE ME, the undersigned authorit7, a Not.ary Public in and tor,
said County, Texa.s, on this dq perscnally appeared SUSIE D. GABBERT,
a .feme sole, known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that she executed the same
for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 22nd dq of May,
A.D. 1953.
c; 1 Ral ~h Brock
Ralph BrocLJ
Notar7 Public, Lubbock County,
Texas.