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HomeMy WebLinkAboutOrdinance - 2008-O0026 - Abandnoing/Closing Three 10-Foot Underground Utility Easements, A 12.5 Foot - 03/13/2008I First: Reading March 13,. 2008 Item. No. 4.14 File and Return to Dave Booher RO.W. City of Lubbock ORDINANCE NO. 2008-()0026 Second Reading Karch 27,. 2008 Itea No. 5.12 AN ORDINANCE ABANDONING AND CLOSING THREE 10-FOOT UNDERGROUND UTILITY EASEMENTS, A 12.5-FOOT UNDERGROUND UTILITY EASEMENT AND A PORTION OF A 15·FOOT UTILITY EASEMENT I LOCATED IN TRACT I, WESTHAVEN ADDITION AND LOTS 17·19, BLOCK 9, WESTHAVEN 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 SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. WHEREAS, the City Council finds that the easements as hereinafter described in the body of this Ordinance are 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 easements as hereinafter described shall BE and the same are hereby closed, vacated and abandoned for easement purposes and for public use, such easements being more particularly described as follows and in the attached Exhibit "A." Three 10-foot underground utility easements, a 12.5-foot underground utility easement as recorded in Volume 1383, Page 322, Real Property Records of the 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 13th day of __ =Ma=r=c=h=----~· 2008. Passed by the City Council on second reading this 27th day of March , 2008. ATTEST: APPROVED AS TO CONTENT: Dave Booher, Right-of-Way Agent APPROVED AS TO FORM: . ..., 4' -~~~~--~ Linda Chamales Senior Attorney/Office Practice A&C-underground utility easements-Westhaven Addn.ord 2/19/08 2 Exhibit "A" Ordinance No. 2008-<?Q026 ENGINEERING SURVEYING 2737 81 ST STREET LUBBOCK. TEXAS 79423 (806) 745-7670 ·coJUil on it" Metes and Bounds Oescrfpllon on a 15 feet wide Utility Easement shown on the Plat of Tract I.- Westhaven Addition· according to the Map, Plat, and/or Oedleatlon Deed thereof recorded In Volume 989, Page 389, Lubbock County Deed Records to be closed with the proposed plat of Tract,l-1. BEGINNING at the Northeast comer of a previously Quit Claimed Alley described in Volume 1382, Page 73, Lubbock County Deed Records which bears North 315 feet and East 75 feet from the Southwest .comer of Tract I, Westhaven Addition for the Southeast comer of this tract; THENCE West, 15 feet; THENCE North, 82.5 feet to a point in the South line of an existing easement; THENCE East, 15 feet; of BEGJNNING and containing 0.0284 acres. These notes are based on the survey of the proposed Final Plat of Tract 1-1, Westhaven Addition Jonathan M. Cieszlnskl, RPLS 4460 February 12, 2008 FILED AND RECORDED OFFICIAL PUBLIC R.ECOROS Kelly Pinion, County Clerk Lubbock County TEX~S September 16, 2008 02:55:56 PM FEE: $24.00 2008035952 ' l 'l J . i .l ( f i ; l