The URL can be used to link to this page

Home My WebLink AboutOrdinance - 1589-1954 - Abandoning And Closing E-W Alley - 08/12/1954" ~;·-~ Copy 8-31-54 to City Eng..,. City Att Bldg. Inspect Planning Dept. u 06-I.:\-t.9SL+ ORDINANCE NO. if: . 08-;;)LP-Iq5 AN ORDINANCE ABANDONING AND CLOSING EAST•WEST A Y DEDICATIONS BETWEEN LOTS 4, 5, 6, 7, 8, 9 AND 10, BLOCK 2 OF THE NISl.AR•KEY ADDI'l'ION ON NORTH, AND LOTS 11, 12, 13, 14, 15, 16 AND 17 ON SOUTH OF BLOCK 2 OF THE NISLAR-KEY ADDITION, AN ADDITION TO THE CITY OF LUBBOCK, INSOFAR AS SUCHALLEY DEDICATIONS ARE IN CONFLICT WITH THE PLAT OF SUCH ADDITION AS FILED AND RECOR• DED IN VOLUME 453, PAGE 161 OF THE DEED RECORDS OF LUBBOCK COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METFS AND BOUNDS IN THE BODY OF THIS ORDINANCE. WHEREAS, on or about the Zlst day of May, 1949, Everett E. Key and wife, Mrs. Joy B. Key, by instrument of alley dedication, filed on the 3d day of February, 1950, and re.:orded in Volume 394, page 601 of the Deed Records of Lubbock County, Texas, conveyed to the City of Lubbock for pub• lie use an alleyway; and, WHEREAS~ on the Z.6th day of May, 1949, Mrs. Erie Studeman, a widow,. by instrument of alley dedication, filed on the 3d day of February, 1950, and recorded in Volume 394, page 599 of the Deed Records of Lubbock County, Texas, did convey to the City of Lubbock, for public use, an alleyway, and also by correction alley dedication instrum.~nt filed on the 26th day of July, 1954.1 and recorded in Volume 540, page 461 of the Deed Records of Lubbock County, Texas, attempted to but did not accurately describe the correct alleyway as shown by the plat of the Nislar-Key Addition; and, WHEREAS, on the 7th day of June, 1951, a plat entitled "Nialar-Key Addition, tt :an addition to the City of Lubbock, Lubbock County, Texas, being a subdivision of the West 2.Z. 5 feet of Lot One (1), and ~e East 475 fe•t of Lot Two (Z), Block Thre• (3), Alta Vista Acr,es, a subdhri,sion _ef,~e Northwest One•Fourth (NW 1/4) of Section Ten (10), Block B, Lubbock County, Texas, was approved by the City of Lubbock Planning Commission and thereafter, by plat and dedication deeds ·dated August 30, 1<).51 and filed on the 12th day of Septem-ber, 1951, recorded in Volume 453, page 157 et seq., by the owners of the properly contained witbin the plat as submitted to the Planning Commission, thereby dedicating to the public all streets and alleys as shown upon such plat, which plat was filed for record on the 12th day of September, 1951, and recorded in Volume 453, page 161 of the Deed Records of Lubbock County, TexasJ and, WHEREAS, the aforementioned alley dedications which were executed and filed prior to the presentation and acceptance of the plat of the Nislar-Key Addition are in conflict with the platted East•West alley running through such -~...t.:..a.! ----.JI .&..1..-~3.~~---... '" e_ \ ~.--.J.. ..J-.. -1.1--.....L-....3. -1'1 -----'L --'L--.&..1...--. -1-..L .1.-..Lt.-·' l.,; I SECTION 1. That the alleyway described in that certain alleyway dedi• cation instrum.ent dated the Zlst day of May, 1949, and rcc9rded in VolUDle 394, page 601 of the Deed Records of Lubbock County, Texas, in which Everett E. Key and wife, Mrs. Joy B. Key, .conveyed to the City of Lubbock an alleyway for public purposes insofar as the same is in conflict With the East•West alleyway .shawn and dedicated on ~he plat of the Nisla.r-Key Addition as filed for record on September lZ, 1951, and re~orded in Volume 453, page 161 of the De•d Records of Lubbock County, Texas, BE, and the sa.me is. hereby in all things abandoned and .closed for alley purposes and public travel. The description contained in such alley dedication ins4"ument and which is closed by this ordinance insofar a$ 'Ule sam.e. is in conflict with the fifteen {15)-foot dedicated alley of record in the Nisla.r•Key Addition, is described as follows, to-wit: "BEGINNING at a point two hundred fifty feet {ZSO n. ) Eas~ of the Wesi property line of said Lot No. Z, Block No. 3, Alta Vista Acres Addition, aforesaid, and one hundred thirty-one _and "twenty-five one hundredths feet (131. ZS ft.) North of the South property line of 15aid Lo*-No. l, Block No. 3, Alta Vista Acres Addition, aforesaid; KThenC'e West one hundred twenty-fi~e. fe« (125ft.) parallel to the South p-roper~y line of said Lot Na. z. Bl!ll'ck No. 3, Alta. Vista Acres Addilton aforesaid; "Thence. Nol"th fifteen feet (15 ft.)' trThence East one hundred twenty-five feet (1Z5 ft.) parallel to the North prope-rty line of said Lot No. Z, Block No. 3, Al~ Vista Acres Addition, aforesaidJ "Thence fifteen fe4t (15ft.) So~ to the point of beginning. '1 SECTION .z.. That the alleyway described in that certain allenray dedica-tion instrument dated the Z6th day of May, 1949 and rec"rded in Volume-394, page 599. Deed Records of Lubbock County, Texas, and also that .ee-rtain corrected alley dedication filed the .2.6th day of July,. 1954 in Volwne 540, page 461 of the Deed Records of Lubbock County, Texas, in which .Mrs. Erie Stude-man, a widow, conveyed to the Public an alleyway for public pt17!poses ·insofar as the satne is i:n conflict with the Eas~-West alleyway shown and d.edicated on 'the plat of the Nislar•Key Addition as filed for re~ord on September lZ, 1951, and recorded in Volume 453, page 161, of the Deed Records of Lubbock County, Texas, BE,-and ~e same ia hereby in all things. abandoned and ,.closed for alley purposes and pub!ic travel. The descripticm contained in su.ch alley dedi-catJ.t:m instrument.. and whi~h _is cio·sed by this ordinance insofar as the same is u THENCE South parallel with the West property line of said Lot Two 15 feet to the place of beginning. SECTION 3. No metes and bounds description and no recitations herein contained shall ever be construed as in any way affecting the fifteen {15) feet in' width dedicat.ed alley running East and West through the Nislar-Key Addition, as s.hown by the plat of record in Volume 453, page 161 of the Deed Records of 'Lubbock County, Texas, it. being the express intention of this ordinance to close any of those alleys and portions of alleys. dedicated prior to the recording of su.ch plat which are in conflict with such plat as recorded, and it is the intention that such alleyway remain open notwithstanding whether or not the descriptions herein cen'tained may overlap in all or in part sllch alleyway as shown by the plat ~d dedication of su~~,addition. SECTION 4. The City Engineer is hereby authorized and directed to mark the Official Map of the City of Lubbock, indicating that the alleyway as shown by ~e plat and dedication of the Nislar-K.ey Addition is the only alleyway running through such addition in an East-West direation, and indicating on such map any and all conflicting alleyway dedication descriptions have been closed and abandoned# showing the number of this ordinance and the date of its passage AND IT IS SO ORDERED. On mo~on of Commissioner Carpentv , seconded by Commis-sioner •fh •• · · , this Ordinance was passed on first reading on this the 12th day of A~ , 1954, by the following vote: ... Commissioners voting uyEA,u: Baker, Carpenter, Forrest, Tharaas AD• Mayor Tripp Commissioners voting uNAY": HCIIOAt On motion of Commissioner Baker • seconded by Commis• sioner Forrest , this Ordinance was passed on second reading on this the 26 day of August , 1954, by the following vote: Commissioners voting nyEA,n: Baker,Carpenter,Forrest,Thomas & Mayor Tripp Commissioners voting HNAYn: None