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HomeMy WebLinkAboutOrdinance - 2025-O0145 - Abandon_Close Tracts A_B, High Point Village Add.; Section 12 Block JS - 01_13_2026First Reading December 9, 2025 Item No. 5.5 Second Reading January 13, 2026 Item No. 5.3 ORDINANCE NO. 2025-00145 AN ORDINANCE ABANDONING AND CLOSING PORTION OF AN ACCESS EASEMENT LOCATED IN TRACTS A AND B OF HIGH POINT VILLAGE ADDITION, IN SECTION 12, BLOCK JS, LUBBOCK COUNTY, TEXAS, MORE PARTICULARLY DESCRIBED IN THE BODY OF, AND ATTACHMENTS TO, THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. WHEREAS, the City Council finds that the access easement hereinafter described in the body of this Ordinance is no longer needed for public use; and it would be in the public interest to close, vacate and abandon the same for public use; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the access easement such area being more particularly described in the attached Exhibit "A", shall BE and is hereby closed, vacated and abandoned. SECTION 2. THAT the City Engineer is hereby authorized and directed to mark the official maps of the City gf 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 directed to cause publication of the descriptive caption of this Ordinance as an alternative method provided by law. AND IT IS SO ORDERED. Passed by the City Council on December 9 , 2025. Passed by the City Council on second on January 13, 2026 , 292• II v� MARK W. MCBR Y R, MAYOR AT EST: Courtney Paz, City SikKary APPROVED AS TO CONTENT: pin, P.E., CFNY Director of E gineering/City Engineer ey ccdocsll/AMD Engineering, LLC. November 12,2025 I� O Itoo I I I W VV •I�1 J �a •� N a I O � o � U �I 0 r V�o r � O a�`NqF r W 0 Uz C4 — }V o _r r f v r r r of ►Lubbock Applicant: Enclosed is the application for Abandoning and Closing Public Right -of -Way with the following attachments: 1. Application Form to be filled out and a one-time non-refundable application fee of $500.00 is required to accompany this application and returned to the Right -of -Way Department. 2. Procedures for abandoning and closing public Right -of -Way Any questions may be directed to (806)775-3061 or email to moneiWmylubbock.us. Sincerely, Michael O'Neil Right of Way Agent P.O. Box 2000. 1314 Avenue K - 7th Floor • Lubbock, TX 79401 •806.775.2000 • Citizens Call Ccnter: 3-1-1 • www.mylubbock.us CITY OF LUBBOCK, TEXAS APPLICATION FOR ABANDON & CLOSE THE USE OF PUBLIC RIGHT-OF-WAY APPLICANT: (note: Applicant's name should be the correct name of the person, firm or - corporation) ADDRESS: 6515 68th St. Suite 300 Lubbock. TX 79424 REQUIREMENTS: 1. Letter requesting Closure 2. Name and Address of Abutting Property Owners 3. Approval of Abutting Property Owners by Signature (Written letter from each Property owner) 4. Preliminary Plat Filed with Planning Department LEGAL DESCRIPTION OF PUBLIC RIGHT-OF-WAY TO BE COVERED BY THE ORDINANCE TO ABANDON A CLOSURE: Easement is located within High Point Village Tracts "A" "B" & "C" PROPOSED USE OF PUBLIC RIGHT-OF-WAY: •- •��iniiuiiiii• • �• .•- • -i KNIMAMIMMMAMMOM This application shall be accompanied by such reproducible drawings or plans and specifications as are necessary to accurately show the exact locations, size and details of the proposed use of Public Right -of -Way. Also a one-time non-refundable application fee $500.00 is required to accompany this application. The issuance or granting of the closure shall not be constructed to be waiver of, or an approval of, any violation of any of the provisions of any applicable City Ordinances unless specifically authorized by the City Council. Date: Applicant/Authorized Representative's Signature PROCEDURES FOR ABANDONING AND CLOSING PUBLIC RIGHT-OF-WAY In order to abandon and close Public -Rights -of -Way (Streets, Alleys or Easements), the following must be accomplished in the order listed below. I. Application for Closure must be files in the Right-of-Wav Dent. (Citizens Tower 711 Floor). A. Application form must be completed and returned. B. A letter explaining the reason for the need of this closure must be submitted. C. A non-refundable fee of $500.00 must be paid by check. II. Investigate Status of Water, Sewer, Paving, and Street Light Pro Rata III. A Preliminary Plat must be submitted to the Planning Department for Street and Allev Closure (Citizens Tower 11t Floor). A. Plat of property, along with metes and bounds description must be submitted to the plats coordinator, incorporating the closed R.O.W. into a lot area (3 plat copies). B. An application fee and form must be completed. C. The Planning Commission reviews the plat for approval on published meeting dates. IV. Hearing before the City Council to abandon and close the Right -of -Way (First Readin . A. A fee may be charged the proponent for the purchase of the Right -of -Way to be closed if they are not the original dedicators of such Right -of -Way (policy attached). V. Final Plat must be submitted to the Planning Department for Street and Alley Closure (Citizens Tower 1st Floor). A. This may be submitted prior to, during, or after the scheduled City Council Meeting (First Reading). B. FinaI Plat (3 final copies, signed & sealed) along with the Plat Dedication Deed, ownership 3 originals, signed & notarized and tax certificates, certificate of ownership, signed final plat fee, and County Clerk's filing fee must be submitted. C. All pro -rated costs of water, sewer, paving, street lights, and street signs must be paid to the Pro -Rate Clerk (Paid before plat can be field), (Any relocation or abandonment of existing utilizes shall be at the proponent's expense). D. The Final Plat must be ready to file prior to 2" d Ordinance reading by the City Council. VI. Hearing before City Council to Abandon and Close the Right -of -Way, Wd Reading). VII. Final Plat, Dedication Deed, and Ordinance closing the Right -of Way are filed for public Records in the Deed Records of the Lubbock County Courthouse. VIII. A "normal" closure will take at least two months, others may be longer. A. If plat has been filed in the courthouse, all public Rights -of -Way will be closed by the City Council. B. Separately dedicated and purchased easements will be closed by the City Council. Purchases easements will have purchase rights sold back to the land owner.