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HomeMy WebLinkAboutOrdinance - 2005-O0036 - Abandoning/Closing A 5 Foot LP&L Underground Utlity Easement For LP&L In Lot S - 03/24/2005Fint Reading March 24, 2005 Item 17 File And Return To Ed lucy R-0-W 1_4663 ORDINANCE NO. 2005-oo036 .,econa Keaa1qg . April 14, 2005 ttein u AN ORDINANCE ABANDONING AND CLOSING A 5-FOOT LP&L UNDERGROUND UTILITY EASEMENT FOR LP&L LOCATED IN LOT S, TIME'S SQUARE ADDITION, 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 SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. WHEREAS, the City Council finds the easement hereinafter described in the body of this Ordinance is 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 the easement as hereinafter described shall BE and the same are hereby closed, vacated and abandoned for easement purposes and for public use, such easement is more particularly described as follows: THAT 5' underground utility easement previously granted to Lubbock Power and Light Company which is situated on the East Five (5) feet of Time's Square Addition, an addition to the City of Lubbock, Lubbock County, Texas according to the map, plat, and/or dedication deed thereof recorded in Volume 1833, Page 732, Real Property Records of Lubbock County, Texas. 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 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 first reading this 24th day of~Ma~r~ch~ __ _,, 2005. Passed by the City Council on second reading this 14th day of il , 2005. ATTEST: ~~~' ~---R¥ cca Garza, City Secretary ~ APPROVED AS TO CONTENT: UIJ Ed Bucy, Right-oiWatfgent APPROVED AS TO FORM: v~<=><C~~ Linda Chamales Senior Attorney/Office Practice Section gs/ccdocs/ A&C-UUEasement-Times Square Addn.ord March 11, 2005 ,., ' ~· ~) ,-('' ,, !'l c r> c p 01 l" l L:::. t , .. : \ \ · • ~-v " - ZOu5 APR 19 PH 2: 36 ~fdf r:cc:t7Y r.: t·:u:.u:.,~r-~ .. .r ~1'1':..:t!T'!', ;t:~A~ ,.HAlt: Ot-I t::J(A~ COUNTY OF LUBBOCK I hereby cet1ily tl'lal ttns •nsuument W88 ~0 on !'he date ancl at the time S1amped 11e1von by 1'11(1 8tllll _.. e1111r RECOROEO in Ill$ VOlume and Page ef tile 0ff1c1e1 ....,_ Recofd$ of ~ County. Texas as staflli*S tweoft br ,_ APR 19 2005 I .__( ___ C_O_U_N_C_IL_D_O_C_U_M_EN_T_S_S_U_B_M_ITT_A_L_F_O_R_M_(_G_O_LD_S_H_E_E_T) ___ __,, ;; • One submittal form per agenda item • Original retained for permanent file in City Secretary's Department • Furnish additional originals for department's needs • One executed copy will be automatically forwarded to the originating department • Submittal departments are responsible for all attachments, exhibits, etc. (complete document) .0. J-:z..~'} DEPT: tp.~ COUNCIL MEETING DATE: Sl-1~-o~ CONTACT PERSON: ~~_,.~DOCUMENT DESCRIPTION (Identifying keywords): TELEPHONE EXTENSION# L ? rL. oiL/), -..A-....,<~: f}J.c )1 (/?,t-L L.J ~ I~ -r .-., SU<.~,. ........ DOES DOCUMENT AMEND/REPEAL PRIOR RESOLUTION/ORDINANCE*? ~IF YES, WHICH ONE. SPECIFY. (•Jf prior ordinance codified, no need for cross-referencing) ARE ALL SIGNATURES IN PLACE ON ALL DOCUMENTS? IF NOT, WHY? ARE ALL CONTRACTS/AGREEMENTS, ETC. ATTACHED? IF NOT, WHY? RUSH executed copies on Council day~------ YES l...---' NO __ _ £LD Managing Director/02 Signature AGENDA ITEM# FOR CITY SECRETARY'S DEPARTMENT USE RESOLUTION NO.---- COUNCIL DATE ORDINANCE NO. &2t¥>S".,t()/J~3-~ 1ST READING: AGENDA ITEM # ----'--''7f----COUNCIL DATE: _3 -.;t.~--a ~ 2ND READING: AGENDA ITEM # ,_, / ::;----"-# ____ COUNCIL DATE ~-/7: .IJ DISPOSITION 1'-li- CALLED: 7IJ= Um) INTER~DEPT MAIL: PICKED UP: ....;__~------- / / First Reading March 24, 2005 Item 17 ORDINANCE NO. 2005-00036 ~eeODd Reading April14, 2005 Item 11 AN ORDINANCE ABANDONING AND CLOSING A 5-FOOT LP&L UNDERGROUND UTllJTY EASENIENT FOR LP&L LOCATED IN LOT S, TIME'S SQUARE ADDITION, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF TIDS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID. ABANDONMENT AND CLOSING; PROVIDIN"G A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. WHEREAS, the City Council finds the easement hereinafter described in the body of this Ordinance is 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 L THAT the easement as hereinafter described shall BE and the same are hereby closed, vacated and abandoned for easement purposes and for public use, such easement is more particularly described as follows: THAT 5' underground utility easement previously granted to Lubbock Power and Light Company which is situated on the East Five (5) feet of Time's Square Addition, an addition to the City of Lubbock, Lubbock County, Texas according to the map, plat, and/or dedication deed thereof recorded in Volume 1833, Page 732, Real Property Records of Lubbock County, Texas. 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 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 first reading this 24th day of_...!,.Ka~rc!=.!!hL_ _ _;, 2005. Passed by the City Council on second reading this 14th day of il , 2005. ATTEST: ~~ ~· J).....,.. ,_ R~ cca Garza, City Secretary ($) APPROVED AS TO CONTENT: UQ Ed Bucy, Rigbt-otwaffgent APPROVED AS TO FORM: (~c::><~~~ Linda Chamales Senior Attorney/Office Practice Section gs/ccdocs/ A&C-UUEasement-Times Square Addn.ord March 11, 2005 Lany Hertel, City Engineer Agenda Items and Comments -City Council Meeting for March 24, 2005 Page 2 CITY OF LUBBOCK AGENDA ITEM SUMMARY ITEM #/SUBJECf: ;1 # Consider an ordinance abandoning and closing a 5-foot Lubbock, Power and Light underground utility easement located in Lot S, Time's Square Addition to the City of Lubbock (2809 74th Street). BACKGROUND/DISCUSSION: This ordinance abandons and closes a 5-foot LP&L underground utility easement located along the east 5-feet of LotS, Time's Square Addition. Tiris easement was dedicated by plat in Volume 1833, Page 732 of the real property records of Lubbock County and is located just east of Elgin Avenue on the south side of 4th Street. LP&L no longer needs this easement and the owner has requested that it be closed. FISCAL IMPACT: None. SUMMARY/RECOMEDATION: The Right-of-Way Department recommends the approval of the first reading of this ordinance.