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HomeMy WebLinkAboutOrdinance - 2010-O0098 - Closing A 75 X 300Ft Drainage Easement. - 12/15/2010Cm)~ Ctt\~ctiLv {Lrf0 II First Reading December 15, 2010 It em No • 5 • 1 0 File and Return to Dave Booher R.O.W City of Lubbock ORDINANCE NO. 2010-00098 Second Reading January 13, 2011 Item No. 5.5 AN ORDINANCE ABANDONING AND CLOSING A 75 X 300 FOOT DRAINAGE EASEMENT, LOCATED OUT OF SECTION 1, 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 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 THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the easement as hereinafter described shall BE a."ld the same are hereby closed, vacated and abandoned for easement purposes and for public use, such easement being more particularly described in attached 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 this ---=D:....::e-=.c.=..;em=.;;b:....::e:..::.r_;;.,:15:....__ ___ , 20 1 0. Passed by the City Council on second reading this ___ ·-· January 13 '2011. TOM MARTIN, MAYOR ATTEST: .... -....... APPROVED As TQ ._C_QN.;frENT: _lf~tf~ Dave Booher, Right-of-Way Agent APPROVED AS TO FORM: d:t_~-~c - Chad Weaver, Assistant City Attorney A&C-Easements-Drainage Easement.ord I 1.22.10 EXHIBIT Ordinance No. 2010-00098 j ''A'' All of those certain strips, tracts or parcels ofland out of the south one-half (S 1/2) Gulf, Colorado and Santa Fe Railway Company Survey 1, Block E, Abstract 46, Certificate 3/360 in the City ofLubbock, Lubbock County, Texas, more particularly described as follows: TRACT I Commencing at the northwest corner of the said south one-half(S 1/2) of Survey 1; THENCE south 89 "55150" east along the north line of said south one-half (Sl/2) of Survey 1 which is also the center line of 58th Street, a distance of 1373.05 feet, more or less, to the point where the said center line of 581h Street intersects the east line ofElm Avenue; THENCE south 0 "04'1 011 west along the said east line of Elm Avenue, a distance of 621.50 feet to the place ofBeginning; THENCE south 89 "55150" east a distance of300.0 feet to a point comer; THENCE south 0 · 04' 1 0" west a distance of 7 5. 0 feet to a point for co mer; THENCE north 89 .. 55'5011 west a distance of300.0 feet to a point in the said east line of Elm Avenue for comer; THENCE north 0"04110" east along said east line ofElm Avenue a distance of75.0 feet to place of Beginning, containing an area of22,500 square feet or 0.516 of an acre of land, more or less; FILED AND RECORDED OFFICIRL PUBLIC RECORDS Kelly Pinion, County Clerk Lubbock County TEXAS January 16, 2011 02:17:44 PM FEE: $24.00 2011001816