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HomeMy WebLinkAboutOrdinance - 2010-O0002 - Closing N 10 Ft Underground Utility - 01/14/2010II ,. .. II First Reading January 14, 2010 Item No. 5. 13 File and Return to Dave Booher R.0.W City of Lubbock ORDINANCE NO. 2010-00002 Second Reading January 28, 2010 Item No. 5.5 AN ORDINANCE ABANDONING AND CLOSING THE NORTH 10-FOOT OF A 30-FOOT WIDE UNDERGROUND UTILITY EASEMENT LOCATED IN BLOCK E-2, SECTION 17, 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 that the easement portion as hereinafter described in the body of this Ordinance is no longer needed for easement purposes and for public use: and it would be in the public interest to close, vacate and abandon the same for easement purposes and for public use, and it would be in the public interest to close, vacate and abandon the same; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. IHA T the easement portion as hereinafter described shall BE and the same is hereby closed, vacated and abandoned for easement purposes and for public use, such easement being more particularly described in attached Exhibit "A". SECTION 2. IHA T 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. IHA T should any section. paragraph, sentence, phrase. clause or word of this Ordinance be declared unconstitutional o r 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 14th day of January Passed by the City Council on second reading this 28th day of January TOM MARTfN, MAYOR , 2010. ,2010. ATTEST: ~ .. Rebecca Garza, City Secret~y .,. ;, ., .~; * .~· APPROVED AS TO CONTENT: II fJ~i?~ Dave Booher . .R,jght-of-Way Agent APPROVED AS TO FORM: ;,.e~ ~d Weaver. Assistant City Atto ccdocs/A&C-underground easernent-Blk E-2. Section 17.ord 12/23/09 FILED AND RECORDED OFFICIAL PUBLIC RECORDS Kelly Pinion, County Clerk Lubbock County TEXAS February 0Z, 2010 02:13:35 PM FEE: $24.00 2010003071 2 ,. Ordinance No. 2010--00002 HUGO REED AND ASSOCIATES. INC. LAND SURVEYORS CIVIL ENGINEERS 1601 Avenue N I Lubbocll, Texas 79401 I 8081783·5842 I FAX B06/T63·3891 EXHIBIT 'I} rl METES AND BOUNDS DESCRIPTION of a portion of an Underground Utility Easement described in Volume 7490, Page 108, Official Public Records of Lubbock County, Texas (OPRLCT), being the North 10 feet of the South 30 feet of said easement, located in Section 17, Block E-2, Lubbock County, Texas, being further described as follows: BEGINNING at a 1/2" iron rod with cap set in the North line of a proposed 20' alley which bears N. 01 "43'21" E. a distance of 20.00 feet and N. 88°15'13" W. a distance of 42.00 feet from the Southeast corner of the North Half of Section 17, Block E-2, Lubbock County, Texas, for the Southeast corner of this tract; THENCE N 88c15'13" W., parallel with the South line of the North Half of said Section 17, at 959.09 feet pass a 1 /2" iron rod with cap set in reference, at 114 7. 58 feet pass the West I ine of that tract of land described in Volume 9774, Page 247, OPRLCT, and the East line of that tract of land described in Volume 9479, Page 111, OPRLCT, continuing for a total distance of 2534.24 feet to a point for the Southwest corner of this tract; THENCE N. 01 °44 '4 7" E., a distance of 10.00 feet to a point for the Northwest corner of this tract; THENCE S. 88°15'13" E., parallel with the South line of the North Half of said Section 17, at 1386.66 feet pass the East line of said tract of land described in Volume 9479, Page 111, OPRLCT, and the West line of said tract of land described in Volume 9774, Page 247, OPRLCT, at 1565.15 feet pass a 1/2" iron rod with cap set in reference, continuing for a total distance of 2544.24 feet to a 1/2" iron rod with cap set in the proposed West right-of-way line of Memphis Avenue for the Northeast corner of this tract; THENCE S. 46°44'04" W ., along the proposed West right-of-way line of said Memphis Avenue, a distance of 14 .14 feet to the Point of Beginning. Contains: 25,392 square feet Bearings relative to Grid North, NAO 83, Texas Coordinate System, North-Central Zone, City of Lubbock Geodetic Network and Aerial Control. Distances are Surface, U.S. Survey Feet. June 19, 2007 ;::~ ---::,> ------~ · · · · (-_f,-#~--- Robert A. Christopher 7 Registered Professional Land Surveyor No. 5167 Licensed State Land Surveyor State of Texas No. printed copy of tha L I Nolle. Avalanche-Journal on the following dates. ".all:k.l.:;;.jW"""14-+J-~:;;:;..i""""--......;~..::;...~~~:..-.....:....~"-'-.......J..;;.._ Claalfled lnllde Salea Man• LUBBOCKAVALANCHE~OURNAL Morris Communication Co,poralion Subscribed and swom to before ma thia ~...-... -..-... -..-..,-.1c in and for the State of Texas .CYM" ..... ,aanexprea )~-/5-MI 3