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HomeMy WebLinkAboutOrdinance - 2007-O0019 - Abandoing/Closing Portion Of 20-Foot Utlity Easement Located In Lot 1-A, Mclarty - 02/22/2007First Reading February 22~ 2007 Item. No. 6.2 File and Return to Dave Booher RO.W. City of Lubbock ORDINANCE NO. 2007-Q0019 Second Reading April 24, 2008 !tea No. 5.11 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A 20-FOOT UTILITY EASEMENT LOCATED IN LOT 1-A, BLOCK 8, MCLARTY'S CIRCLE VIEW ADDITION, A 17.5 UNDERGROUND UTILITY EASEMENT LOCATED IN TRACT 1, NIRAJ INVESTMENTS LLC ADDITION, A SEWER LINE EASEMENT LOCATED IN LOT 1-A, BLOCK 8, MCLARTY'S CIRCLE VIEW ADDITION, A PORTION OF CAPROCK DRIVE, LOCATED IN SECTION 2, BLOCK E, LUBBOCK COUNTY, TEXAS, A PORTION OF 65TH STREET LOCATED IN SECTION 2, BLOCK E, LUBBOCK COUNTY, TEXAS, II AND AN ALLEY LOCATED IN SECTION 2, BLOCK E, 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 alley, easements and street portions as hereinafter described in the body of this Ordinance are no longer needed for public use and it would be in the public interest to close, vacate and abandon the same for alley, easements and street 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. THAT the alley, easements and street portions as hereinafter described shall BE and the same is hereby closed, vacated and abandoned for alley, easements and street purposes and for public use, such alley, easements and street portions being more particularly described in the attached Exhibits A, B, C, D, E, F. 20-foot utility easement located in Lot 1-A, Block 8, McLarty's Circle View Addition (Exhibit "A") 17.5-foot underground utility easement located in Tract 1, Niraj Investments L.L.C. Addition (Exhibit "B") Sewer line easement located in Lot 1-A, Block 8, McLarty's Circle View Addition (Exhibit "C") A portion of Caprock Drive, located in Section 2, Block E, Lubbock County, Texas (Exhibit "D") A portion of 65th Street located in Section 2, Block E, Lubbock County, Texas (Exhibit "E") An alley located in Section 2, Block E, Lubbock County, Texas (Exhibit "F") ' ' 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 22nd day of February Passed by the City Council on second reading the 24th day of April ATTEST: .. - Reo -~ ~arz_!._. Citr Secfe~ · /, g APPRO.YEIP AS TO CONTENT: .. v>J,,,, ....... ~... .../ :u~i~/·J Dave Booher, Right-of-Way Agent APPROVED AS TO FORM: --:_ cc:7'~~-?7~ Linda Chamales, Senior Attorney/Office Practice gs/A&C-McLartys Circle Addn.ord 01.11.07 2007. ' 2QQ7. 2008. 11~.: HUGO REED AND ASSOCIATES. INC. 1601 Avenue N /lut)bock, Texas 79401 /8061763-5642/ FAX 8061763-3891 LAND SURVEYORS CIVIL ENGINEERS Exhibit "A " Ordinance No. 2007-oo019 METES AND BOUNDS DESCRIPTION for a portion of a 20' Utility Easement to be closed, located in Lot 1-A, Block 8, Mclarty's Circle View Addition to the City of Lubbock, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the South line of a 60' Drainage and Utility Easement as shown on the recorded plat of Lot 1-A, Block 8, Mclarty's Circle View Addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded in Volume 1969, Page 89, Deed Records of Lubbock County, Texas, which bears N. 80.13'57" E. a distance of 268.68 feet and S. 09.46'03" E. a distance of 60.00 feet from Northwest corner of said Lot 1-A; THENCE N. 80.13'58" E., along the South line of said Drainage and Utility Easement, a distance of 21.85 feet to a point; THENCE S. 33.29'09" E., a distance of 54.93 feet to a point; THENCE S. 48.59'11" E., a distance of 165.76 feet to a point in the North line of a 1.165 acre portion of Lot 1-A, Block 8, Mclarty's Circle View Addition, as described in Volume 6012, Page 214, Real Property Records of Lubbock County, Texas; THENCE S. 86.52'38" W., along the North line of said 1.165 acre tract, a distance of 28.72 feet to a point; THENCE N. 48.59'11" W., a distance of 147.87 feet to a point; THENCE N. 33.29'09" W., a distance of 66.43 feet to the Point of Beginning. Contains: 0.0999 acres Bearings relative to Grid North, NAD 83, Texas Coordinate System, North-Central Zone, City of Lubbock Geodetic Network and Aerial Control. Distances are surface, U.S. Survey Feet. August25,2006 /M...-7~ Robert A. Christopher Registered Professional Land Surveyor No. 5167 Licensed State Land Surveyor State of Texas LAND SURVEYORS CIVIL ENGINEER S .................... HUGO REED AND ASSOCIATES. INC. 160t Avenue N /Lubbock, Texas 79401/8061763·5842/ FAX 8061763-3891 Ordinance No. 2007-G0019 Exhibit " B " LEGAL DESCRIPTION of 17.5 foot UUE to be closed All of that 17.5 foot UUE located in Tract 1, Niraj Investments LLC Addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded in County Clerk's file 200604982, Official Public Records of Lubbock County, Texas. August25,2006 Robert A. Christopher Registered Professional Land Surveyor No. 5167 Licensed State Land Surveyor State ofT exas LAND SURVEYORS CIVIL ENGINEERS HUGO REED AND ASSOCIATES. INC. 1601 Avenue N I Lubbock, Texas 79401 I 8061783-5642 I FAX 8061763-3891 Ordinance No. 2007-o0019 Exhibit " C " LEGAL DESCRIPTION of Sewer Line Easement to be closed All of that Sewer Line Easement located in Lot 1 "A, Block 8, Mclarty's Circle View Addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded in Volume 1969, Page 89, Deed Records of Lubbock County, Texas August25,2006 Robert A. Christopher Registered Professional Land Surveyor No. 5167 Licensed State Land Surveyor State of Texas LAND SURVEYORS CIVIL ENGINEERS HUGO REED AND ASSOCIATES. INC. 1601 Avenue N I Lubbock, Texas 7~1/8061763-5842 I FAX 8061'163-3891 Ordinance No. 2007-o0019 Exhibit "D" METES AND BOUNDS DESCRIPTION for a portion of Caprock Drive to be closed, located in Section 2, Block E, Lubbock County, Texas, being further described as follows: BEGINNING at a 1/2" iron rod w/ cap set in the East line of Lot 1, Block 7, Mclarty's Circle View Addition (CVA) to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded in Volume 906, Page 577, Deed Records of Lubbock County, Texas (DRLCT), which bearsS. 49°01'25" E. a distance of 162.09 feet from the North corner of said Lot 1, Block 7, Mclarty's CVA; THENCE N. 86"52'18" E., a distance of 85.93 feet to a 1/2# iron rod with cap found in the West line of lot 1·A, Block 8, Mclarty's CVA to the City of Lubbock, lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded in Volume 1969, Page 89, DRLCT, same being the Southwest corner of Tract 2, as described in Volume 6889, Page 269, Real Property Records of Lubbock County, Texas; THENCE S. 48°59'27" E., along the West line of said Lot 1-A, Block 8, a distance of 325.55 feet to a concrete monument found at a point of intersection; THENCE Northeasterly, around a curve to the left, said curve having a radius of 35.00 feet, a central angle of 100°16'36", tangent lengths of 41.92 feet, a chord length of 53.73 feet, and a chord bearing of N. 46°39'18" E., to a concrete monument found at a point of intersection in the West right-of-way line of Interstate Highway Number 27; THENCE S. 01 °11'34" E., along the West right-of-line of said Interstate Highway Number 27, a distance of 152.58 feet to a 1/2" iron rod with cap found in the Northeast line of Block 1, Mclarty's Circle View Addition to the City of Lubbock, lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded in Volume 366, Page 184, DRLCT; THENCE N. 49°01 '25" W ., along the East line of said Block 1, at 188.09 feet pass a 1/2" iron rod with cap found being the South End of Radius of 651h Street right-of-way, continuing along the Northeast limits of Cap'rock Drive right-of-way, at 332.47 feet pass a 1/2" pipe found being the North End of Radius of 65th Street right-of·way, and continuing along the Northeast line of said Lot 1, Block 7, Mclarty's CVA,,for a total distance of 495.00 feet to the Point of Beginning. Contains: 0.6214 acres Bearings relative to Grid North, NAD 83, Texas Coordinate System, North-Central Zone, City of Lubbock Geodetic Network and Aerial Control. Distances are surface, U.S. Survey Feet. August25,2006 Robert A. Christopher Registered Professional Land Surveyor No. 5167 Licensed State Land Surveyor State ofT exas LAND SURVEYORS CIVIL ENGINEERS HUGO REED AND ASSOCIATES. INC. 1601 Avenue N I Lubboct, Texas 79401 /8061763-5642/ FAX 8061763--3891 Ordinance No. 2007-Q0019 Exhibit " E " METES AND BOUNDS DESCRIPTION for a portion of 65th Street to be closed, located in Section 2, Block E, Lubbock County, Texas, being further described as follows: BEGINNING at the Northwest corner of Lot 5, Block 1, Mclarty's Circle View Addition (CVA) to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded in Volume 366, Page 184, Deed Records of Lubbock County, Texas (DRLCT); THENCE N. orJ9'33" E., a distance of 51.46 feet to a 1/2" iron rod with cap set in the South line of Lot 1, Block 7, McLarty's CVA to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded in Volume 906, Page 577, DRLCT; THENCE N. 84 o 35'12" E.. along the South line of said Lot 1 , Block 7, Mclarty's CVA, a distance of 141 . 75 feet to a 3/8" iron rod found at a point of intersection; THENCE Northeasterly, continuing along the South line of said Lot 1, Block 7, around a curve to the left, said curve having a radius of 12.85 feet, a central angle of 133°36'37", tangent lengths of 29.99 feet, a chord distance of 23.62 feet, and a chord bearing of N. 1J046'53" E., to a 1/2" pipe found at a point of intersection in the West right-of-way line of Caprock Drive as dedicated by said plat of Mclarty's CVA; THENCE S. 49°01 '25" E., along the West right-of-way line of said Caprock Drive, a distance of 144.38 feet to a 1/2" iron rod with cap found at a point of intersection in the East line of Block 1, Mclarty's CVA to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded in Volume 366, Page 184, DRLCT; THENCE Northwesterly, along the North line of said Block 1, Mclarty's CVA, around a curve to the left, said curve having a radius of 105.50 feet, a central angle of 46°22'39", tangent lengths of 45.19 feet, a chord distance of 83.08 feet, and a chord bearing of N. 72°14'36" W., to a 1/2" iron rod with cap found at a point of intersection·; THENCE S. 84 °35'22" W ., continuing along the North line of said Block 1,.8 distance of 185.90 feet to the Point of Beginning; Contains: 0.2423 acres Bearings relative to Grid North, NAD 83, Texas Coordinate System, North-Central Zone, City of Lubbock Geodetic Network and Aerial Control. Distances are surface, U.S. Survey Feet. August 25, 2006 L hristopher Registered Professional Land Surveyor No. 5167 Licensed State Land Surveyor State of Texas HUGO REED AND ASSOCIATES. INC. 1601 Avenue N /lubboclc, Texas 79401/8061763-5642/ FAX 8061763-3891 Ordinance No. 2007-Q0019 LAND SURVEYORS CIVIL ENGINEERS Exhibit " F " METES AND BOUNDS DESCRIPTION for an alley to be closed, located in Section 2, Block E, Lubbock County, Texas, being further described as follows: 8 EG INNING at a 1/2" iron rod with cap found being the Northeast corner of Lot 5, Block 1 , Mclarty's Circle View Addition (CVA) to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded in Volume 366, Page 184, Deed Records of Lubbock County, Texas; THENCE N. 84"35'22" E., along the North line of said Block 1, a distance of 30.00 feet to a 1/2" iron rod with cap found; THENCE S. 39"35'15" W ., a distance of 14.14 feet to a 1/2" iron rod with cap found; THENCE S. 05"24'52" E., a distance of 130.09 feet to a 112• iron rod with cap found; THENCE S. 50"24'52" E., a distance of 14.14 feet to a 60d nail found; THENCE S. 05"24'52" E., a distance of 70.20 feet to a point; THENCE S. 88"53'0r W., a distance of 118.78 feet to a point in the West line of said Block 1; THENCE N. 01 "50' 40" E., along the West line of said Block 1, a distance of 20.11 feet to the Southwest corner of said Lot 5, Block 1, Mclarty's CVA; THENCE N. 88"53'0r E., along the South line of said Lot 5, Block 1, a distance of 86.15 feet to a 1/2" iron rod with cap found being the Southeast corner of said Lot 5, Block 1; THENCE N. 05"24'52" W., along the East line of said Lot 5, Block 1, a distance of 197.89 feet to the Point of Beginning. Contains: 0.1591 acres Bearings relative to Grid North, NAD 83, Texas Coordinate System, North-Central Zone, City of Lubbock Geodetic Network and Aerial Control. Distances are surface, U.S. Survey Feet. August25,2006 / Robert A. Christopher Registered Professional Land Surveyor No. 5167 Licensed State Land Surveyor State of Texas FILED AND RECORDED ~~~-~~~~ OFFICIAL PUBLIC RECORDS :~:· ::.Ll~·i ~~· ~:~· ~ ,. ~l;r ·:c 1 01"·', ~:;,~,~-~ 6:" -~)rm~·· Kelly Pinion, County Clerk Lubbock County TEX~S June 12, 2008 03:28 :21 PM FEE: $44.00 2008022424