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HomeMy WebLinkAboutOrdinance - 2008-O0050 - Abandoning/Closing Portion Of Underground Utility Easement Located/Canyon West - 05/22/2008First Reading May 22, 2008 Item No. 5.13 File and Return to Dave Booher RO.W. Qty of Lubbock ORDINANCE NO. 2008-oooso Second Reading June 13, 2008 !tea No. 5.3 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF AN UNDERGROUND UTILITY EASEMENT LOCATED IN LOT 1 CANYON WEST ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS AND MORE PARTICULARLY DESCRIBED IN TilE 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 portions 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 easement portions as hereinafter described shall BE and 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", "B", and ''C." 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. TIIAT 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 May Passed by the City Council on second reading this 13th day of June TOM MARTIN, MAYOR '2008. '2008. ""' ... ~·•"v;-)·•)o•:~ ~• .... .· Dave Booher, Right-of-Way Agent APPROVED AS TO FORM: ......--._ ... ~~~~ Linda Chamales Senior Attorney/Office Practice ccdocs/A&C-underground easement-Blk AK,Section 37.ord 4/01/08 2 Ordinance No. 2oos-oooso Exhibit '' A" Of a I 714. OJ square foot underground utility easement absndoDID.etJt over and across LOT 1, CANYON WEST ADDmON, City of Lubbock. Lubbock County, Texa$: and being further described by metes and bounds as follows: BBGINNlNG at a point within said LOT 1, for the northwest and begin.niJJg corner of this abandonment WHENCE the southwest corner of SECTION 37, BLOCK AK, is called to bear N 44°37'33" W 747.40 feet. 11/ENCE N 89°55'26" E 18.60 feet, to a point for the northeast comer of this aband011111ent. THENCE S 00°06'00" E 104.79 feet, to a point for the southeast comer of this abandonment THENCE N 36°06'00" W 31.77 feet, to a point for the southwest comer of this abandonment. THENCE N 00002'57" W 79.10 feet, to the POINT OF BEGINNING. LEGAL DESCRIPTION CERTIFIED CORRECT MARCH 26, 2008. ~ PATRICK CARTER. REGISTEREDPROFESSJONALLANDSURVEYORNO. 5691. CARTER SURVEYING&: MAPPING, JJOA PALO PINTO, ~1HERFORD, TX 76086. 817-594-0400 JN CANYON WEST \FDVAL PLATS I REVISED LOT 1 BASEMENT Rl. "~ ... .9..~ .... _1 ~ A..~---·~(;\S Tc~~·· .. f (/) ./ ~ * 0 ··-70) ....................... : .... PATRICK CARTER . ·;; \-=i: .. 569 i ... ~? ;:_·. ·-:r·o ~"f".-· "" '74-.····.ttss\<?, ... ··4_0 0 .............. ~ SuR'-! Ordinance Bo. 2008-oooso . Exhibit "· B " Of a 1208.29 sqUJJTe foot underground utility easement abandonment over aiJd across LOT I, CANYON 'WEST ADDmON, City of Lubbock. Lubbock CoUllty, Texas: and being further descn"bed by metes 81ld bounds as follows: BEGINNING at s point within LOT 1, for the southeast aiJd beginning comer oftbis abandonment WHENCE the southwest comer of SECTION .37, BLOCK AK. is called to bear N 52"22'42" W 873.I7 feet THENCE S 53°54'00" W 50.I8 feet, to a point for the southwest corner oftbis abandonment. THENCE N 36°06'06" W 10.00 feet, to a point for a comer of this abandonmeiit THENCE N 53°54'00" E 35.I8 feet, to a point for a comer oftbis aba.ncronmcnt. THENCE N 36°06'00" W 4Z 10 feet, to a point for the northwest comer of this abandonmeiit THENCE N 53°54'00" E 15.00 feet, to a point for the northeast comer of this abandonment. THENCE S 36°06'00" B 5ZJO feet, to the POINT OF BEGINNING. LEGAL DESCRIPTION CERTIFIED CORRECT MARCH 26, 2008. PATRJCK~~NALLANDSUR111iYORN0,5691. CARTERSURVEYJNG&MAPPDVG, llOAPALOPINTO, WEATHERFORD, TX76086. 817-594-()400 JN CANYON "WEST\ FINAL PLATS I REVISED LOT I EASEMENT Rl. ordinance No. 2oos-oooso . Exhibit '~. C .... Of a 44.85 square foot UIJderground utility easement abandoll1llent over and across LOT 1, CANYON lv.E'ST ADDmON, City ofLubb~ Lubbock CoUIJty, Texas: and being further described by metes and boUIJds as follows: BEGINNING at a point within said LOT 1, for the northeast and beg:in:niDg comer of tbis abandonment. WHENCE the southwest comer of SECTION 37, BLOCK AK;. is called to bear N 64°1 1'22" W 850.91 teet. THENCE S 36°06'00" E 2.99 feet, to a point for the southeast comer of this abandonment. THENCE S 53°54'00" W 15.00 feet. to a point for the southwest comer oftbis abandonment. THENCE N 36°06'00" W 2.99 feet, to a point for the northwest comer of this abandonment. THENCE N 53°54'00" E 15.00 feet, to the POINT OF BEGINNING. LEGAL DESCRIPTION CERTIFIED CORRECT MARCH 26, 2008. ~ PATRICK CART~ REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5691. CAR1?3R SURVEYING & MAPPING, 1JOA PALO PINTO, WEATHERFORD, TX 76086. 817-594-0400 JNCANYON'WBST\FINALPLATSIREVISEDLOT 1 EASEMENTRJ. FILED AND RECORDED