HomeMy WebLinkAboutOrdinance - 2018-O0144 - Abandoning And Closing 15 Ft Wide Alley Morningside Addition - 12/17/2018First Reading
December 17, 2018
Item No. 6.4
ORDINANCE NO. 2018-00144
Second Reading
January 10, 2019
Item No. 6.4
AN ORDINANCE ABANDONING AND CLOSfNG A 15-FOOT WIDE ALLEY,
LOCATED IN BLOCK 9, MORNING SIDE ADDITION, LUBBOCK COUNTY, TEXAS,
WHICH IS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS
ORDfNANCE; RESERVING A UTILITY EASEMENT; DIRECTING THE CITY
ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID
ABANDONMENT AND CLOSING AND RESERVATION; PROVIDING A SAVINGS
CLAUSE: AND PROVIDING FOR PUBLICATION.
WHEREAS, the City Council finds that the alley hereinafter described in the body of
this Ordinance is no longer needed for alley purposes and for public use; and it would be in the
public interest to close, vacate and abandon the same for alley purposes and for public use;
NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION I. THAT the alley as hereinafter described shall BE and the same is hereby
closed. vacated and abandoned for alley purposes and for public use, such alley being more
particularly described in the attached Exhibit "A."
SECTION 2. Tl IAT an easement is hereby reserved on the property described in
Section I, above, and such easement is reserved and retained for utility easement purposes
with the right of ingress and egress at all times for such purpose, and an easement is also
reserved for any and all existing pipelines or other utilities within said property together with
all rights appurtenant to the continuation of such utilities.
SECTION 3. 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 and easement
reservation, showing the number of this Ordinance and the date of its final passage.
SECTION 4. 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 5. 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.
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AND IT IS SO ORDERED.
Passed by the City Council on first reading this J 7th day of December , 20 I 8.
Passed by the City Council on second reading this _lQthday of January, 2019 ,.;i.Q.J..&
ATTEST:
APPROVED AS TO CONTENT:
Dave Booher, Right-of-Way Agent
APPROVED AS TO FORM:
Rya
Ord.A&C-15-foot Alley-Morning Side Addition
10. IO. 18
DANIEL M. POPE, MAYOR
~ PARKHILLSMITH&
A PROPOSED CLOSURE OF
A 15-FOOT WIDE ALLEY IN
BLOCK 9, MORNING SIDE ADDITION,
AN ADDITION TO THE CITY OF LUBBOCK,
LUBBOCK COUNTY, TEXAS
4222 8Cith Street
Lubbork, lexas 79423
806473.2200
A 15-foot wide alley, to be closed and vacated, situated in Block 9, Morning Side Addition, an addition to the City of Lubbock,
Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded in Volume 86, Page 624 of the
Deed Records of Lubbock County, Texas, said proposed alley closure being further described by metes and bounds as
follows:
BEGINNING at a point in the south right-of-way line of 28th Street, as dedicated with said plat of Morning Side Addition, at
the northwest corner of Lot 1 of said Block 9, for the northeast corner of this closure, whence a 3/4-inch iron pipe found at
the northwest corner of Lot 9, Block 8 of said Morning Side Addition bears South 88 degrees 11 minutes 50 seconds East
a distance of 175.00 feet;
(1) THENCE South 01 degrees 48 minutes 10 seconds West, along the west line of Lots 1 through 5 of said Block 9, a
distance of 265.00 feet to a point in the north right-of-way line of 29th Street, as dedicated with said plat of Morning Side
Addition, at the southwest corner of Lot 5 of said Block 9, for the southeast corner of this closure;
(2) THENCE North 88 degrees 11 minutes 50 seconds West, along the north right-of-way line of said 29th Street, a distance
of 15.00 feet to a point at the southeast corner of Lot 6 of said Block 9, for the southwest corner of this closure, whence a
brass Texas Department of Transportation monument found in the east right-of-way line of Interstate Highway 27, described
in judgments recorded in Volume 5098, Page 210 and Volume 3338, Page 208 of the Real Property Records of Lubbock
County, Texas, bears North 88 degrees 11 minutes 50 seconds West a distance of 114.46 feet;
(3) THENCE North 01 degrees 48 minutes 10 seconds East, along the east line of Lots 6 through 10 of said Block 9, a
distance of 265.00 feet to a point in the south right-of-way line of said 28th Street, at the northeast corner of Lot 10 of said
Block 9, for the northwest corner of this closure, whence an "X" cut on concrete found in the east right-of-way line of said
Interstate Highway 27 bears North 88 degrees 11 minutes 50 seconds West a distance of 97.91 feet;
(4) THENCE South 88 degrees 11 minutes 50 seconds East, along the south right-of-way line of said 28th Street, a distance
of 15.00 feet to the POINT OF BEGINNING . Bearings called in this description are based on the Texas Coordinate System,
North Central Zone 4202, North American Datum of 1983. Distances called in this description are surface distances. A plat
showing this proposed closure is included on page 2 of this document. This closure contains a total of 3,975 square feet
(0.0913 acres).
Surveyed on the ground August 28, 2018
Page I of2
Texas Registered Surveying Firm # 10194091
L
I
28th STREET
50' RIGHT-OF-WAY, VOL. 86, PG. 624
S.88" 11 '50 "E.
15.00'
"")--~::_~-(12-5-.00')
I POINT OF I
BEGINNING
10
1
I-
N.88"11 '50''W
15.00'
29th STREET
50' RIGHT-OF-WAY, VOL. 86, PG. 624
2
3
4
5
7
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7
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PROPOSED CLOSURE OF A
15-FOOT WIDE ALLEY IN
BLOCK 9, MORNING SIDE ADDITION,
AN ADDITION TO THE CITY OF LUBBOCK,
LUBBOCK COUNTY, TEXAS
PLAT: VOLUME 86, PAGE 624,
DEED RECORDS OF LUBBOCK COUNTY, TEXAS
o' 50• 100' 150' ----!
SURVEYOR'S REPORT:
BEARINGS AND COORDINATES SHOWN ON THIS SURVEY ARE BASED ON
THE TEXAS COORDINATE SYSTEM, TXNC ZONE 4202, NAD'83 {2012).
DISTANCES REPORTED HEREON ARE AT SURFACE.
AREAS REPORTED HEREON ARE BASED ON CALCULATIONS MADE AT
SURFACE DISTANCES.
THIS SURVEY IS SUBJECT TO ANY FACTS WHICH MAY BE DISCLOSED BY
A FULL AND ACCURATE TITLE SEARCH. RECORD DOCUMENTS OTHER THAN
THOSE SHOWN MAY AFFECT THIS TRACT.
MONUMENTS INDICATED AS FOUND BY THIS SURVEY ARE NOT "PHYSICAL
MONUMENTS OF RECORD DIGNITY" UNLESS SO NOTED.
FOUND MONUMENTS ARE ACCEPTED BY THIS SURVEYOR AS CONTROLLING
EVIDENCE DUE TO SUBSTANTIAL AGREEMENT WITH RECORD DOCUMENTS.
A METES AND BOUNDS DESCRIPTION OF THIS PROPOSED ALLEY CLOSURE
IS INCLUDED ON PAGE 1 OF THIS DOCUMENT.
PARKHILL SMITH & COOPER
TBPLS FIRM REGISTRATION NO. 10194091
4222 85TH STREET
LUBBOCK, TX. 79423
806.473.2200
PAGE 2 OF 2
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
Kelly Pinion, County Cl~rk
Lubbock County, TEXAS
01/15/2019 10:34 AM
FEE : $38.00 2019001531