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HomeMy WebLinkAboutOrdinance - 2010-O0046 - Closing A Portion 10 Ft Utility Whisperwood Financial Addition - 06/10/2010p • First Reading June 10, 2010 Item No. 5.3 File and Return to Dave Booher R.O.W City of Lubbock ORDINANCE NO. 2010-00046 Second Reading July 8, 2010 Item No. 5.7 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A 20- FOOT UNDERGROUND UTILITY EASEMENT LOCATED IN LOT 1-B, WHISPERWOOD FINANCIAL ADDITION TO THE CITY OF LUBBOCK, 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 SA VINOS CLAUSE; AND PROVIDING FOR PUBLICATION. WHEREAS, the City Council finds that the easement 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 TI-IE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the easement 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 Exhibit "A." 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 on 10th day of June. 201 0 Passed by the City Council on second reading on 8th day of July. 2010 TOM MARTIN, MAYOR = - = ~ ,b 0 ::a 1J C c:') tll ATTEST,:, •• o,,• • •,r ,., ... , • 't'>\ ·1 : 0 .. .. .. ~· Rebecc Gana., City Secretaw rf~ #,,' •t, ... ~ .. , .,... / ,, APPROVED AS TO CONTENT: Dave Booher, Right-of-Way Agent APPROVED AS TO FORM: at~ Chad Weaver, Assistant City Attorney vw:ccdocs/ A&C-Whisperwood financial May 21 , 2010 2 LAND SURVEYORS CIVIL ENGINEERS HUGO REED . Ordinance No. 2010-00046 AND ASSOCIATES. INC. 1601 AVENUE N / LUBBOCK, TEXAS 79401 / 806-763-5642 / FAX 806-763-3891 TEXAS REGISTERED ENGINEERING ARM F-760 EXHIBIT TEXAS LICENSED SURVEYING FIRM 100676-00 METES AND BOUNDS DESCRIPTION of a portion of an underground utility easement to be closed located in Lot "1-B", Whisperwood Financial, an addition to the City of Lubbock, Lubbock County, Texas being further described as follows: BEGINNING at a 60d nail set for a point of intersection, in the North line of Lot "1-N, Whisperwood Financial, an addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat, and/or dedication deed thereof recorded in Volume 5846, Page 21, Real Property Records of Lubbock County, Texas, same being a point in the South line of Lot "1-B", said Whisperwood Financial, which bears S. aa~o9'11" E., a distance of 261.06 feet from the original Southwest corner of said Lot "1-B"; THENCE Northeasterly, along a curve to the right, said curve having a radius of 284.45 feet, a central angle of 19' 43'52", tangent lengths of 49.47 feet, a chord distance of 97.47 feet, and a chord bearing of N. 16 56'52" E., to a 60d nail set for a point of tangency; THENCE N. 26;48'48" E., a distance of 155.25 feet to a 60d nail set at a point of curvature; THENCE Northeasterly, along a curve to the left, said curve having a radius of 267.22 feet, a central angle of 12 =02'34", tangent lengths of 28.19 feet, a chord distance of 56.06 feet, and a chord bearing of N. 20°47'31" E., to a 60d nail set fn the West line of that tract of land as described in County Clerks File Number (CCFN) 2009039167, Official Public Records of Lubbock County, Texas; THENCE S. 01 °48'54" W., along the W est line of said tract of land as described in CCFN 2009039167, a distance of 61.24 feet to a 60d nail found at a point of intersection in the Eastern limits of said Lot "1-B"; THENCE Southwesterly, along the Eastern limits of said Lot "1-B", along a curve to the right, said curve having a radius of 287.22 feet, a central angle of 00 02'58", tangent lengths of 0.12 feet, a chord distance of 0.25 feet, and a chord bearing of S. 26"47'19" W., to a point of tangency; THENCE S. 26°48'48" W., continuing along the Eastern limits of said Lot "1-8", a distance of 155.25 feet to a 60d nail set for a point of curvature; THENCE Southwesterly, continuing along the Eastern limits of said Lot "1-B", along a curve to the left, said curve having a radius of 264.45 feet, a central angle of 19°20'03", tangent lengths of 45.05 feet, a chord distance of 88.81 feet, and a chord bearing of S. 17°08'47" W., to a 1/2" iron rod with cap found at a point of intersection in the South line of said Lot "1-B", same being a point in the North line of said Lot "1-A"; THENCE N. 88°09'11" W., along the North line of said Lot "1 -A", and along the South line of said Lot "1-B", a distance of 20.09 feet to the Point of Beginning. 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. Contains: 0.126 Acres Brent Carroll Registered Professional Land Surveyor No. 5410 State of Texas April 22, 2010