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HomeMy WebLinkAboutOrdinance - 2008-O0028 - Abandoning/Closing Two 32.5-Foot Alleys In Blocks 38 And 39, And Two 20 Foot - 03/13/2008File and Return to Dave Booher R.O.W. First Reading March 13, 2008 !tea No. 4.16 City of Lubbock Second Reading March 27, 2008 Ite. No. 5.13 ORDINANCE NO. 2008-oQ028 AN ORDINANCE ABANDONING AND CLOSING TWO 32.5-FOOT ALLEYS LOCATED IN BLOCKS 38 AND 29, OVERTON ADDITION, AND TWO 20-FOOT ALLEYS LOCATED IN BLOCKS 39 AND 28, OVERTON ADDITION AND A VENUE T BETWEEN 9TH AND I oTH STREET AND A VENUE T BETWEEN THE SOUTH RIGHT-OF-WAY LINE OF lOTH STREET AND THE NORTH RIGHT- OF-WAY OF THE EAST-WEST ALLEY SOUTH OF lOTH STREET IN THE OVERTON 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; PROVIDING FOR PUBLICATION; AND REPEALING ORDINANCE NO. 2007-00036; WHEREAS, the City Council finds that the alley portions and street portion 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 purposes and street purpose and for public use, and it would be in the public interest to close, vacate and abandon the same for alley purposes and street purposes and for public use, and it would be in the public interest to close, vacate and abandon the same; NOW THEREFORE: WHEREAS, Ordinance No. 2007-00036 previously passed by the City Council for these purposes contained a different description of the property to be affected; NOW THEREFORE: I BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the alley portions and street portion as hereinafter described shall BE and the same is hereby closed, vacated and abandoned for alley purposes and street purposes and for public use, such alley and street portions being more particularly described as follows: 1. All of that 32.5-foot wide alley situated between Glenna Goodacre Blvd and 9th Street and between the East right-of-way line of A venue U and the West right-of-way line of Avenue T located in Block 38, Overton Addition to the City of Lubbock. 2. All of that 32.5-foot wide alley situated between Glenna Goodacre Blvd and 9th Street and between the East right-of-way line of A venue T and the West right-of-way line of AvenueS located in Block 29, Overton Addition to the City of Lubbock. 3. All of that 20-foot wide alley situated between 9th Street and lOth Street and between the East right-of-way line of Avenue U and the West right- of-way line of Avenue T located in Block 39, Overton Addition to the City of Lubbock. 4. All of that 20-foot wide alley situated between 9th Street and lOth Street and between the East right-of-way line of Avenue T and the West right-of- ,. 0 ::0 ~ C'l (/) 0 ~ IS> cg C» cg _... ~ ~ _... 00 ' way line of AvenueS located in Block 28, Overton Addition to the City of Lubbock. 5. All of Avenue T located between the South right-of-way line of 9th Street and the North right-of-way line of 1Oth Street. 6. All of Avenue T located between the South right-of-way line of lOth Street and the North right-of-way line of the East-West alley South of lOth Street. SECTION 2. TIIAT 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. SECTIONS. THAT this Ordinance repeals Ordinance No. 2007-00036, a copy of which is attached hereto as Exhibit "A" for reference purposes only. AND IT IS SO ORDERED. Passed by the City Council on first reading this 13th day of March , 2008. Passed by the City Council on second reading this 27th day of March , 2008. --= / :>-~fi~4--' - DAVID A. Mlrii[MA YOR ' ATTEST: ·.~.~···· •• ;. : ~··.:· L < 9ca 6arza, City Secretary I •., l' : APP~tqvrin AS TO C9NtENT: /k;d '~.,.___·~· --- Dave Booher, Right-of-Way Agent gs/A&C-alley&st portion-Overton Add-Blks39,28 2/11108 First Reading AprU 12, 2007 Item. Ro. 5.8 Ordinance No. 2008-G0028 Exhibit " A " ORDINANCE NO. 2007-()()036 Second Reading April 27, 2007 Item No. 5.2 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A 20- FOOT ALLEY LOCATED IN BLOCK. 38, OVERTON ADDITION TO THE CITY OF LUBBOC~ LUBBOCK COUNTY, TEXAS AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF TilE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. WHEREAS, the City Cowtcil finds that the alley portion as hereinafter described in the body of this Ordinance is no longer needed for alley purposes and for public use; and it would be in the public interest to close, vacate and abandon the same for alley 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 portion as hereinafter described shall BE and the same is hereby closed, vacated and abandoned for alley purposes and for public use, such alley portion being more particularly described as follows: The north 12.5-feet of alley adjacent to Lots 1 through 12, Block 38, Overton Addition to the City of Lubbock, according to the map, plat, and/or dedication deed thereof recorded in Volume 18, Page 61 0, Deed Records of Lubbock County, Texas, and extending from the west right-of-way line of Avenue "T" to the east right-of-way line of Avenue ''lr'. 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. II AND IT IS SO ORDERED. Passed by the City Council on first reading this 12th day of __ Ar:::a:.:r:.:i::.:l;...,._ __ , 2007. Passed by the City Council on second reading this 26th day of April , 2007. ATTEST: APPROVED AS TO CONTENT: Dave Booher, Right-of-Way Agent APPROVED AS TO FORM: ~-c ·-::_:..~ // /~ 4 _______ C~ ~~ ___ ,,_.~~-~~<--~~-e~~ Linda Chamales · Senior Attorney/Office Practice ccdocsl A&C-alley-Overton Addn-Blk 38.ord 3/28/07 Kelly Pinion, County Clerk Lubbock County TEXAS April 11, 2008 02:52:13 PM FEE: $28.00 ~~./!'- DAVID A. MILLER, MAYOR 2008013318 ?