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HomeMy WebLinkAboutOrdinance - 9427-1991 - Closing Portion 84Th St Castleridge Addition. - 04/25/1991HW:dw file And Return to Ed Bucy R-0-W 17465 First Reading April 25, 1991 Item #10 . Seco~'W~PZ!i PAGE 107 ' May 23 t 1991 Item 118 ORDINANCE NO. 9427 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF 84TH STREET IN THE CASTLERIDGE ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS,-AS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY OF LUBBOCK TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. WHEREAS, the City Council finds that the street portions hereinafter described are no longer needed for street 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 street purposes and for public use; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the street portions as hereinafter described in two tracts shall BE and the same are hereby closed, vacated, and abandoned for street purposes and for public use; TRACT 1 A portion of 84th Street located in Castleridge, an Addition to the City of Lubbock, Lubbock County, Texas, being further described as follows: BEGINNING at a point which bears N. 8go58' W. a distance of 131.43 feet and S. 00°02' W. a distance of 15.00 feet from the Northeast corner of Lot 74, Castleridge, an Addition to the City of Lubbock, Lubbock County, Texas; THENCE Northwesterly around a curve to the left, said curve having a radius of 15.00 feet, a central angle of goo, tangent lengths of 15.00 feet, and a chord distance of 21.21 feet; THENCE N. 00°02' E. a distance of 8.50 feet; THENCE Southeasterly around a curve to the right, said curve having a radius of 15.00 feet, a central angle of goo, tangent lengths of 15.00 feet, and a chord distance of 21.21 feet; THENCE S. 00°02' W. a distance of 8.50 feet to the POINT OF BEGINNING. 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I rvoL3626 PAGE108: TRACT 2 A portion of 84th Street loca.ted in Castleridge, an Addition to the City of Lubbock, Lubbock County, Texas, being further described as follows: BEGINNING at a point which bears N. 89.58' W. a distance of 131.00 feet and N. 00°02' E. a distance of 15.00 feet from the Southeast corner of Lot 54, Castleridge, an Addition to the City of Lubbock, Lubbock County, Texas; THENCE s. oo•o2' W. a distance of 4.50 feet to a point of curvature; THENCE Southwesterly around a curve to the right, said curve having a radius of 15.00 feet, a central angle of go•, tangent lengths of 15.00 feet, and a chord distance of 21.21 feet; THENCE N. 89.58' W. a distance of 209.32 feet; THENCE N. oo•02' E. a distance of 4.50 feet; THENCE S. 89°58' E. a distance of 209.32 feet to a point of curvature; THENCE Northeasterly around a curve to the left, said curve having a radius of 15.00 feet, a central angle of go•, tangent lengths of 15.00 feet, and a chord distance of 21.21 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 indicate 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 is hereby authorized and directed to cause publication of the descriptive caption of this Ordinance as an alternative method provided by law. - 2 - " -.. II I' ·I II !I I• I' " II fVOL3626 PAGE109 AND IT IS SO ORDERED. IJ I' Passed by the City Council on first reading this --=.::25:;..:t:.::h __ day of 1J April , 1991. I Passed by the City Council on second reading this 23rd day of [ May , 1991. il II ..--1-H-+~ APPROVED AS TO CONTENT: -~ ~9~-Way Agent APPROVED AS TO FORM: ~a1ttimy Attorney JUN 25 1991 ~~ COUNTY CLERK WBBOCK COUNTY. TEXAS - 3 - '-------------'-------------------·---·-----~--- TO: FROM: SUBJECT: DATE: CITY OF LUBBOCK MEMO Larry Hertel, City Engineer Ed Suey, Right-of-Way Agent Agenda Items and Comments for City Council Meeting of April 25, 1991 April 15, 1991 IV. DEVELOPMENT SERVICES D. Right-of-Way Consider an ordinance abandoning and closing a portion of 84th Street in the Castleridge Addition to the City of Lubbock. Lubbock County, Texas (5610 84th Street). This ordinance abandons and closes two small street portions of 84th Street west and north of Dover Avenue. Originally, 84th Street was dedicated as a 56-foot wide street. However, the new preliminary plat has reduced the size of this dedication to a 47-foot wide street. To make this transition from a 56-foot wide street to a 47-foot wide street, these two small areas must be closed. A 47-foot wide street has the same paving width (36 feet) as a 56-foot wide street, but the parkway is only 4.5-feet in width. With a 56-foot wide street, the parkway width is 10-feet. Hugo Reed is the requestor of this street closure for Randy ·Neugebauer (Lubbock Land Company). Area to be closed at the northwest corner of 84th and Dover is 1,009.5 square feet and the area to be closed at the southwest corner of 84th and Dover is 127.5 square feet. Total area being closed is 1,137 square feet. Much more street area is being dedicated by the new plat than being closed, so no charge will be made for the area being closed. The $150.00 application fee has been paid and the preliminary plat has been submitted. A similar request was heard in January of 1990 by the Council for two street stub closures at 86th Street and Dover Avenue. • Larry Hertel, City Engineer April 15, 1991 Page 2 Item: Consider a resolution authorizing the Right-of-Wav Department to make an offer to Hilbert Kyle Seale. Daniel K. Seale. Kathleen l. Seale Withers. Carolyn A. Seale. Stephen M. Seale. Victorja l. Seale. and Martin E. Seale Freeland. for a down guy easement located in Section 37. Block A-K. lubbock County, Texas (southwest corner, 34th Street and Milwaukee Avenue}. Due to the widening and paving of West 34th Street, LP&L is having to relocate their main north-south power line westward at the intersection of 34th Street and Milwaukee Avenue. This line will cross over the new intersection at a southwest direction and then turn southward. A guy wire will then be necessary due to this change in direction and angle of the overhead line. This guy wire will be placed in a five-foot by thirty-foot down guy easement. This easement is located at a future commercial corner of the Seale's property and is seen by them as an encroachment. LP&L needs this easement immediately and for this 5 ft. x 30 ft. easement (150 sq.ft.), we offered them $300. After further negotiations and discussion regarding its encroachment status, an offer of $1,000 was given to them for their consideration. They countered back at $2,000 which we agreed to for the following reasons: 1. The only alternative is to go underground. This would cost $18,000, and by acquiring this easement, we are saving $16,000. 2. To go underground would mean possible problems in the future. The 34th and Milwaukee intersection will be all concrete. If work is ever done on the buried power line, the concrete in intersection would have to be torn up. Also, other utility companies while boring or working on their lines could easily severe the line. ·Therefore, our offer to the Seales is $2,000. Item: Consider a resolution authorizing the Right-of-Way Department to make an offer to John M. O'Haugherty for an overhead electric power line easement and a down guy easement located jn Section 6, Block A. lubbock County. Texas (northeast corner. . North Guava Avenue and East Municipal Drive). In 1984, LP&L completed their substation at North Guava Avenue and East Municipal Drive. They also constructed a power line Larry Hertel, City Engineer April 15, 1991 Page 3 EB:lg from this substation running eastward to the existing power line along the north side of Municipal Drive. For some reason or another, an overhead easement and a down guy easement were never acquired for this line. The Appraisal District showed Mr. John O'Haugherty as the owner but with no address. Earlier this year Mr. O'Haugherty called this encroachment to LP&L and the Right-of-Way Department's attention. We met together and discussed the problem and forwarded him an offer of $850. The overhead power line easement takes up about 4,268 sq. ft. and the down guy easement takes up about 172 sq. ft. for a total square footage of 4,440. This easement crosses his property in a developable area, and does hinder his ability to develop a portion of it. He countered back at $2,500 which we agreed to. During the first meeting with him he had quoted a price of around $3,800. The only alternative we are given is to move the line at a cost of $8,000 to $10,000. Therefore, our offer to Mr. O'Haugherty is $2,500. Ed Bucy Right-of-Way Agent THE STATE OF TEXAS COUNTY OF LUBBOCK R-610 Before me Ton~ " 1:1 en r ¥ a No.tary Public in and for Lubbock County, Texas on this day personally appeared TJ Auf 11 I ' Ac co un i Marraee r of the Southwestern Newspa- pers Corporation, publishers of the Lubbock Avalanche-Journal -Morning, and Sunday, who being by me duly sworn did depose and say that said newspaper has been published continuously for more than fifty-two weeks pri-or to the first insertion of this ---'l"""e:....;l!;;;;..a;.;;...;...l __;_;n_;;.o_t_;;.i_c_e _____________________ _ -------.-~-::o-r--=-=-:s:-:r-::=-=--No.S 2 2 6 5 a at Lubbock County, Texas and the attached print- ed copy of the I e l!.a I n ° t 1 c e is a true c9/'4 of the original and was printed in the Lubbock Avalanche-Journal on the following dates ; __ .:...:M'-=a~'l--=2:..:5:;_;_, --=1...:.....:..=1:_ ______________ _ 553 wa .so = 276.~ Account Ni!naf:!er LUBBOCK AVALANCHE-JOURNAL Southwestern Newspaper Corporation TONYA H.ENRY Notaty Public STATE OF TEXAS Subscribed and sworn to before me thi.,_s _ _....2""'8"--,;___uday of_...u..III.L---i~:t!l'C~~M'I~Co::im~rn~{9~PCI~'f%v ;-.19;;;;1~9941iAl. ,__ OROINANCE t 949 ilN ORDINANCE ALTERING' ~WI! P.JUi\\A f!ACIIS SPEED LIM· TS ON Cl\!1ti'AtN PORTION$ OF NIVERIITY AVENUE, AS ~EREINAFTER MORE PARTIC· ORDINANCE I tU2 iUI.ARLY DESCRIIEO IN THE · Jt!ODVOFTHISOROINANCE;DI· AN OltDiltANCE ALT£1UtiiG FORl\158-10 fitECTINO PL.ACEMENT OF THEPRIMAFACIESPEIU)LIM· ·-----~----1SIGNS WITH RESPECT THERE· ----------------.... IT ON A CERTAJN POittiCIH OJ' ,! JO; REPI!ALING CONFLICTING CIVIRT AVENUE!, AS HE!ItEtNAF· SECOND lllt.D.lfll 0. ...,_J OllbiNI.MCU · (IAJ:IJNA~I!II~ . . ' . ANCf! ABANDONING . .;.._ '.AM OWDtlf! G ·A -RTION OF 'AND CI.O"SIN rv AN UNDERGROUND STREET LIGHT CABLE EASEMENT LD-·.CATED IN PRESTON HILLS AD- ;DlTION TO THE CITY OF LUI!· . lOCK. LUBBOCK COUNTY • TEX· 'AS AND MORE pARTICULARLY OESCRI&ED IN THE BODY OF .THIS ORO I RANCE; DIRECTING 'THE CITY-ENGINEER 1'0 MARK ':nu: OFFICIAL MAP&~F THE rttTY TO ·ltt;f'LECT SAID AMN· ,OONMENT AND CLOSING: PRD-VIDING A SAVINGS CLAUSE: -AND PROVIDING FOR PUBLICA- .:riON. ORDINANCE I tm 'AN ORDINANCE ABANbONING <AND CLOSING PORTIONS OF )4TH ·STREET 11\1 THE tAS"fLERIDGE ADDITION T01 'fHE CITY OF LU&aOCK. LUI!·i !lOCK COUNTY, TEXAS, AS; Jj\ORE PARTICULARLY DE• SCRIBED IN THE BODY OF THIS, ORDINANCE: DIRECTING TH~ CITY ENGII\IIIER TO MARK TH . ~FFICIAL MAPS OF .THE CITY OF LU880CIC JO REFLECT; lf.AIO A8Att0.QN.MI5NT AND. CLOSING; PROV'IOING A SAV• INGS CLAUS&; AND pROVIDING ifOR PU8Lic:A"TION· !ORDINANCES.TOTHE EXTENT TER MORE I'ARTICUI.ARLY 1 '0 ... F SUCH CON.FI.ICT; APPL1CA-DESCRIIED IN THI!i BOI:IY OF, TION OF THIS ORDINANCE THIS.ORDINANCE; DIRECTING . ONLY TO STREETS OR HIGH-PLACEMENT OF SIGNS WITH ;WAYS NAMii:D HEREIN; PRO. ' RESPECT THERETO; REPEAL· .•VIDING THIS OROINANCI!> lNG CONFLICTING ORDI· c$HALL BE CUMULATIVEif'40·: NANCES TO THE EXTENT OF "\riDING A PENALTY; PROVID· SIJCHCONPLICT;APPLICATION ~NG A SAVINGS CI:AUSEt AND ~~~~~¥~D~~A':t~iC:t"'~l~~ TI~~IDING FOR PUBLICA· NAMED HEREIN; PROVIQING. THI'$· ORDINANCE SffAl.L BE ORDIIciANCe 194.10 . ~~=~~t'=tvT,I~~:;,':,y:~DlNJi:. ·AN ORDINANCE AL TElliNG INGSCLAUSE; AND PROVIDING ·THE PRIMA FACIE SPEED LIM· i FOR PU8LICATION. IT ON A CERTAIN .PORTION OF ! ; FOURTH STREET, AS HEREIN• . AFTER. MORE PARTICULARLY DESCRIBED IN THE 80DY OF· 1 THIS ORDINANCE; 'DIRECTING i . PLACEMENT OF SIGNS WITH . RESPECT THERETO; REPEAL· . .. lNG CONFLICTING .O.RDI·' .. NANCES TO THE ,llXTENT OF ' SUCH CONFLICT; APPLICATION .'OP THIS ORDINANCE ONLY TO fSTREETS OR HIGHWAYS l. NAMED HEREIN; PROVIDING. ; THIS OROINANCE SHALL 8E 'CUMULATIVE; PROVIDING A ;•PENALTY; PROVIDING A SAY·· ' lNG$ CLAUS!!; AND PROV!OI NG . FOR PUBLICATION, · · .. ORDINANCE 1. 9441 AN ORDINANCE AI.TERING THE PRIMA FACIE SPEED LIM· ' IT ON CERTAIN PORTIONS OF AVI;:NUE P, AS HEREINAFTER MORE PARTICUL.ARLY DE· · SCRIBED IN THE BODY .OF THIS ORDINANCEt DIRECTING PLACEMENT OF SIGNS WITH . RESPECT THERETO; RI!PEAL• lNG CONFLICTING.ORDI· NANCE$ TO,THE EXTENT OF IUCHCONFLICT1 APPLICATION OF THIS ORDI.NANC! ONLY TO I!T$ OR HIGHWAY&· NAMED H'IREIN; I"ROVIOING THIS OltOI~ANCE SHAI.4. BE CUMULAttVG; PROVIDING A PENAL TV; I'!ROVIDING A SAV. INGSCLAUIG; PROVIDING FOR PUBI.ICATICIN. ORDINANCE# tUI f j:AN ORDINANCE AMENDING }ORDINANCE NO, 9341 .BY ~AMENOING SUBSECTION ~2·272tdl OF SAID ORDINANCE iiNO. 9348 TO PERMIT REAP· r:POINTMENT OF COMMITTEE ~MEMBERS TO THE MUNICIPAL MGARDEN .AND ARTS CENTER I. A.DVI$0. RY• COMMIT.TEE AND REVIEW OF THE WORK OF SUCH COMMITTEE ANNUALLY. • OROINANCE # 9444 ' I ~~ e0c~~~~1_1;Ec~~J>.l.R,.!~'1 ~ ~HELD ON AUGUST 10. l\1111, FOR frHE PURPOSE OF VOTING FOR ' ~= ~~~~'6J~t :..'1!'HT,!~~ g~ ' ONE PERCENT SALes AND USE TAX WITHIN THE CITY TO B.!! . USED FOR THE BENEFIT OF ' AN ECONOMIC DEVELOPMENT :CORPORATION; MAKING PRO. 'VISION FOR THE CONDUCT OF SUCH ELECTION ACCORDING TO APPLICABLE PROVISIONS OF LAW; PROVIDING FOR NO. TICE OJ'" THIS ELECTION BY PUBLICATION OF THIS OROI< NANCE; PROVIOitoiG FOR EXE· CUTION OP' AN APPROPRIATE EtL£CTION ORDER H!!IU!AF· r::.~r:.'? ~i~&':t~~~ TO THe PURPOSE HEREOF. ' IW10 HW:dw First Reading April 25, 1991 Item 1110 Second Reading May 23, 1991 Item 118 ORDINANCE NO. 9427 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF 84TH STREET IN THE CASTLERIDGE ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY OF LUBBOCK TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. WHEREAS, the City Council finds that the street portions hereinafter described are no longer needed for street 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 street purposes and for public use; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the street portions as hereinafter described in two tracts shall BE and the same are hereby closed, vacated, and abandoned for street purposes and for public use; TRACT 1 A portion of 84th Street located in Castleridge, an Addition to the City of Lubbock, Lubbock County, Texas, being further described as follows: BEGINNING at a point which bears N. 8go58' W. a distance of 131.43 feet and S. 00°02' w. a distance of 15.00 feet from the Northeast corner of Lot 74, Castleridge, an Addition to the City of Lubbock, Lubbock County, Texas; THENCE Northwesterly around a curve to the left, said curve having a radius of 15.00 feet, a central angle of goo, tangent lengths of 15.00 feet, and a chord distance of 21.21 feet; THENCE N. 00°02' E. a distance of 8.50 feet; THENCE Southeasterly around a curve to the right, said curve having a radius of 15.00 feet, a central angle of goo, tangent lengths of 15.00 feet, and a chord distance of 21.21 feet; THENCE S. 00°02' W. a distance of 8.50 feet to the POINT OF BEGINNING. TRACT 2 A portion of 84th Street located in Castleridge, an Addition to the City of Lubbock, Lubbock County, Texas, being further described as follows: BEGINNING at a point which bears N. 8go58' W. a distance of 131.00 feet and N. 00°02' E. a distance of 15.00 feet from the Southeast corner of Lot 54, Castleridge, an Addition to the City of Lubbock, Lubbock County, Texas; THENCE S. 00°02' W. a distance of 4.50 feet to a point of curvature; THENCE Southwesterly around a curve to the right, said curve having a radius of 15.00 feet, a central angle of goo, tangent lengths of 15.00 feet, and a chord distance of 21.21 feet; THENCE N. sgo58' W. a distance of 20g.32 feet; THENCE N. 00°02' E. a distance of 4.50 feet; THENCE S. 8go58' E. a distance of 20g.32 feet to a point of curvature; THENCE Northeasterly around a curve to the left, said curve having a radius of 15.00 feet, a central angle of goo, tangent lengths of 15.00 feet, and a chord distance of 21.21 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 indicate 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 is hereby authorized and directed to cause publication of the descriptive caption of this Ordinance as an alternative method provided by law. - 2 - AND IT IS SO ORDERED. Passed by the City Council on first reading this ~25~t=h ____ day of April , 1991. Passed by the City Council on second-reading this 23rd day of May ' 1991. ''' •· .-' ,f I. '.I )' t t _.--4'\++--..;u ,· 'I ,l : (. ) ,' • ) ' ) I ' J} '",· ',, I '• \ APPROVED AS TO CONTENT: . /::···:~··)!___'/) . . · E~cy, Rig~-Way Agent APPROVED AS TO FORM: f6.~a~City Attorney - 3 -