HomeMy WebLinkAboutOrdinance - 398-1927 - Closing Portion 5Th St. W Line Ave H Panhandle And Santa Fe Railway - 10/27/1927r=
ORDINANCE no.E 9§ ;/,.
AN ORDINANCE CLOSING, VACATI~G PERMANENTLY
il.ANDONING AP.ART .AND PORTION OFF FTH STREET IN
THE ORIGINAL TOWN OF LUBBOCK, L OCK COUNTY,TEXAS,
FROM THE WEST LINE OF .AVENUE H, WEST TO THE EAST
LINE OF THE P.ANH.ANDLE AN1) SANTA FE RAILWAY COMPANY'S
EAST RIGHT OF WAY LINE MORE PARfICULARLY DESCRIBED
HEREIN; DECLARING THA.T THE PUBLIC NECESSITY .AND
CONVENIENCE DEMAND SUCH ACTION AND THAT A FURTHER
CONTINUATION OF SAID PORTION OF S.AID FIFTH STREET
CONSTITUTES A NUISANCE; PROVIDING THAT THE EFFECT
OF TRIS ORDINANCE SHALL OPERATE AS A Q.UITCLAIM DEED
TO THE .ABUTTING PROPERTY OWNERS AS TO THE PORTION
OF THE STREET CLOSED; PROVIDING THAT TRIS ORDINAl'TCE
SHALL :BECOME EFFECTIVE IMMEDIATELY FROM AND AFTER
ITS DATE OF PASSAGE.
WHEREAS, it appearing to the City Council o~ the City
o~ Lubbock, Texas, that, that portion of Fifth Street now ex-
isting between the West line o~ Avenue H, City o~ Lubbock,
Lubbock County, Texas, West to the Panhandle and Santa Fe Rail-
way Company-'e East right of way line, is not now being used as
a publio thoroughfare, and never has been used as such, that it
oonet1tutes a nuieanoe, and that the public necessity and oon-
venienoe demand that such portion of suoh Fifth Street be olosed,
said portion of suoh Fifth Street to be closed and that is
closed by this ordinance being more partiou.larly desoribed as
follows, to-wit:
Beginning at the s.E. Cor. Blook a. Original
Town of Lubbook, Texas; Thenoe South 75 feet to the
N. E. Cor. Blk. 24, Original Town of Lubbock; Thence
West 134.8 feet along the North line of said Blk.24,
to a point in the East right-of-way line of the P.
& s. F. Ry. Co.; Thence Northwest 98.2 feet along
the East line of said right-of-way to a point in
the South line of Blk. 8, Original Town of Lubbock;
Thence East 197.6 feet along the South line of said
Blk. 8, to the place of beginning.
ilD, WHEREAS, all of the property owners fronting North
and South in Blocks 8 and 24, Original Town of Lubbock, Lubbock
County, Texas, being all or the property owners abutting on said
portion of said Fi~th Street above described. whioh is designated
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to be closed; have assented in writing to the closing or the
same, and have petitioned the City Council in writing that said
portion o~ said Fifth Street be closed and vacated, and have
assented to the closing of the same, and have accepted a reversion
and repeal of aey and all rights in and to said portion of Fifth
Street from the City of Lubbock, exoept that the same shall
revert one-half to each of said pro~erty owners abutting thereon;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
LUBBOCK, TEXAS:
SECTION ONE
That the following described sections and portions of
Fifth Street within the corporate limits of the City of Lubbock,
Texas, 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 S.E. Cor. Block s,.Original
Town of Lubbock, Texas; Thence South 75 feet to the
N. E. Cor. Blk. 24, Original Town of Lubbock; Then~e
West 134.8 feet along the North line of said Blk. 24,
to a point in the East right-of-way line of the P. &
s. F. Ry. Co.; Thence Northwest 98.2 feet along the
East line or said right-of-way to a point in the South
line of Blk. 8, Original Town of Lubbock; Thence East
197.6 feet along the South line of said Blk. 8, to the
place of beginning.
SECTION TWO
That the permanent closing, vacating, and abandoning
of the above desoribed portions of Fifth Street is hereby de-
clared to be a public necessity, and the continuation thereof
as a public highway or thoroughfare declared to be a public
~enace ~or nuisanoe, and this ordinance shall operate as a quit-
claim deed from the City of Lubbock to the abutting property
owners, resigning and discharging any and all claims of the City
of Lubbock, Texas, to use the same as a ~ublic highway and thorough-
fare.
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SECTION THREE
This ordinance and the closing of that portion of
Fifth ~treet herein mentioned shall not in any event operate to
impair or disturb the rights of the Pecos & Northern Texas Rail-
way Company or the Panhandle and Santa Fe Railway Company in the
operation, use, and maintenance of two certain spurs and ewi~oh
tracks now laid and being operated in and on that portion of
Fifth street herein mentioned and closed.
SECTION FOUR
The City reserves unoo~~itionally ·the right at
all times to construct, maintain and operate its utility linest
and to grant similar rights and franchises to public utility
lines, and railway companies for industry tracks, in, upon,
under, over or across said street, without coat or damage to
itself or grantees, or public utility privileges.
SECTION FIVE
That this ordim..noe shall become effective im-
City Attorney.
~-·-~222~<~~
Secretary, The City of Lub:::;exaa.
At a regular meeting of the Oity/\Ool:l-fteil 0£ the
City of Lubbock, Texas, held in the Council Chambers in the City
Hall, in the City of Lubbock, Texas, on Thursday, October 27th.
1927, the Secretary being in attendance, and a quorum being
present, Qe:anoil:me.B-~~,~ ~~
seconded by Geftfteilme.a-~: ¢,~ £~ e:e/ , {/
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moved the adoption of the foregoing ordinance, and the same
baving been read, oonsidered, and put to a vote, and all voting
"JI..yeff thereon, and none voting "No", the same was declared to
be unanimously adopted, a nd ordered sp~ead upon the minutes.
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