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HomeMy WebLinkAboutOrdinance - 9946-1996 - Closing Underground Easement And Drainage Easement. - 11/07/1996.. First Reading Item #33 November 7, 1996 35509 File And Return To Ed Bucy R-0-W Second Reading Item #20 ·' November 21, 1996 Vot 5335PAGE114 ORDINANCE NO. ___..,99_4-6 __ _ AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF AN UNDERGROUND UTILITY EASEMENT AND A DRAINAGE EASEMENT LOCATED IN SECTION 13, BLOCK E-2, LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SA VINOS CLAUSE; AND PROVIDING FOR PUBLICATION. WHEREAS, the City Council finds that the easements as hereinafter described in the body of this Ordinance are no longer needed for easement purposes and for public use; and WHEREAS, the City Council finds 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 those portions of the easements as hereinafter described shall BE and the same are hereby closed, vacated and abandoned for easement purposes and for public use, such easements being more particularly described as follows: TRACTI A twenty foot (20') wide underground utility easement located in Section 13, Block E-2, Lubbock County, Texas, also being that easement described in Volume 2784, Page 119, Deed Records of Lubbock County, Texas, being further described as follows: BEGINNING at a point which bears S. 00°01'5011 E. a distance of 1,915.00 feet and S. 89°58'1 O" W. a distarice of 920.00 feet from the Northeast comer of said Section 13, Block E-2; THENCE N. 00°01'50" W. a distance of215.00 feet to a point of curvature; THENCE Northwesterly around a curve to the left, said curve having a radius of 43.82 feet, a central angle of 6°33'07", a chord distance of 5.01 feet, and tangent lengths of2.51 feet; THENCE N. 83°25'03" E. a distance of20.00 feet; THENCE Southeasterly around a curve to the right, said curve having a radius of 63.82 feet, a central angle of 6°33'07", a chord distance of 7.29 feet, and tangent lengths of 3 .65 feet, to a point of tangency; ) • I • I VOL 5335PAG£115 THENCE S. 00°01'50" E. a distance of200.00 feet to a point of curvature; THENCE Southerly around a curve to the right, said curve having a radius of 15.00 feet, a central angle of 90°, a chord distance of21.21 feet, and tangent lengths of 15.00 feet, to a point of tangency; THENCE S.89°58'10" W. a distance of 5.00 feet to the POINT OF BEGINNING. TRACT II A drainage easement located in Section 13, Block E-2, Lubbock County, Texas, also being that easement descn'bed in Volume 2784, Page 116, Deed Records of Lubbock County, Texas, being further described as follows, save and except a fifteen foot (15') wide by two hundred foot (200') long strip either side of the centerline of the following descriptions: BEGINNING at a point which bears S. 00°01'50" E. a distance of 1,390.00 feet and S. 89°58'10" W. a distance of790.00 feet from the Northeast comer of said Section 13, Block E-2; THENCE S. 00°01'50" E. a distance of200.00 feet; THENCE S. 89°58'10" W. a distance of 110.00 feet; THENCE N. 00°01'50" W. a distance of200.00 feet; THENCE N. 89°58'1011 E. a distance of 110.00 feet to the POINT OF BEGINNING. 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 I directed to cause publication of the descriptive caption of this Ordinance as an alternative method provided by law. I I -2- t--· l -~~~---,.i.;_ VOL 5335PAcr116 AND IT IS SO ORDERED. Passed by the City Council on first reading this 7th day of November Passed by the City Council on second reading this 21st day of November ALEX "T COOKE, MAYOR PRO TEMPO RE ATTEST: SEAL ~lu~ "Darnell, City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right-of-Wa APPROVED AS TO FORM: da/ccdocs/SEC l 3BE2.0RD October 18, 1996 r ED FUR fl~CORO Ho 27 \0 21 nn '96 a, "'-' ~ a..~-1.IJ-<>-1.,,. C~t: {,:r~·r,,';, \ ,1!---t~r..:1 ('.,':",:;rt1,t ,..-,.,.,.).' -3- 1996. , 1996. LUBBOCK AVALANCHE-JOURNAL· ·. Morris Communication Corporation Subscribed and sworn to F"~~m~e~t~h!::i =~:::t==~day of \>-et ~\)'tC RECEIVED FORM 58-10 DEC 2 71996 CITY SECRElAi~Y LUBBOCK, TEXAS R-3$11. 19, ___ "------ Council Date: November 7, 1996 THESTATEOFTEXAS § COUNTY OF LUBBOCK § Item No.33 AFFIDAVIT I, RANDY NEUGEBAUER, as a member of the City Council of Lubbock, Texas, make this affidavit and hereby on oath state the following: I, and/or a person or persons related to me, have a substantial interest in a business entity that would be peculiarly affected by a vote or decision of the City Council as those terms are defined in Chapter 171, Local Government Code. The business entity is {..JJ{h/60C..C l-.Pt\JJ ~ 1 7liXJ L....{d ~ (Name) (Address) :C:: have/has a substantial interest in this business entity for the {"f' or name ofrelative and relationship) following reasons: (check all which are applicable). ~ Ownership of 10% or more of the voting or shares of the business entity. ~Ownership of 10% or more or $5,000 or more of the fair market value of the business entity. ~Funds received from the business entity excess 10% of M Ji gross income for the (my r/his) prev.ious year. ~:~I property is involved and :r=--has an equitable or legal ownership with a fair (I/he/she) market value of at least $2,500. A relative of mine has a substantial interest in the business entity or property that would be affected by a decision of the public body of which I am a member. Upon the filing of this affidavit with the City Secretary, I aff1mt that I will abstain from voting on any decision involving this business entity and from any further participation on this matter whatsoever. Signed this 7th day ofNovember 1996. City Councilmember District 5 BEFORE ME, the undersigned authority, this day personally appeared RANDY NEUGEBAUER and on oath stated that the facts hereinabove stated are true to the best of his knowledge or belief. Sworn to and subscribed before me on this 7th day of November 1996. d.»:v n rf\CSL '11) . h, s~ Notary Public in and for the State of Texas My commission expires: 05 -.;t8 -a,coQ