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HomeMy WebLinkAboutOrdinance - 2009-O0002 - Abandoning/Closing A 20' Underground Utility Easement Located In Tract 4 NIRAJ - 01/08/2009First Reading January 8,. 2009 Item No. 5.8 .File and Return to Dave Booher R.O.W: City of Lubbock ORDINANCE NO. 2009-oo002 Second Reading Ja:n:uary 22,. 2009 Item No. 5.5 AN ORDINANCE ABANDONING AND CLOSING A 20' UNDERGROUND UTILITY EASEMENT LOCATED IN TRACT 4, NIRAJ INVESTMENTS L.L.C. ADDITION, TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; D1RECTING 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 and the same is hereby closed, vacated and abandoned for easement purposes and for public use, such easement being more particularly described as follows in 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 8th day of_---=J:=anu=a~ry;..L.._ __ , 2009. Passed by the City Council on second reading this 22M day of January , 2009. ATTEST: APPROVED AS tO CONTENT: Dave Booher, Right-of-Way Agent APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney &C-Niraj lnvestrnentsLLC Addn.ord 12/05/08 TOM MARTIN, MAYOR 2 Ordinance No. 2009-Q0002 HUGO REED AND ASSOCIATES. INC. 1601 Avenue N I Lubbock, Texas 79401 I 806(163·5642 I FAX 8061763·3891 CIVIL ENGINEERS I EXHIBIT METES AND BOUNDS DESCRIPTION of a 20' UUE located in Tract 4, Niraj Investments LLC Addition to the City of Lubbock, Lubbock County, Texas, being further described as follows: BEGINNING at a point for the Northwest comer of this tract which bearsS. 00°33'09" E. a distance of 1649.13 feet and N. 89.26'51" E. a distance of2007.17 feet from the Northwest comer of the Southwest Quarter of Section 2, Block E, Lubbock County, Texas; THENCE N. 80"13'58" E., a distance of20.00 feet; THENCE S. 09"32'33" E., a distance of 41.79 feet; THENCE N. 80.13'41" E., a distance of232.08 feet; THENCE N. 28°57'27" E., a distance of 53.55 feet; THENCE N. ao· 13'58" E., a distance of 17.73 feet to a 1/2" iron rod with cap set in the West right-of-way line of Interstate Highway Number 27, same being a point in the East line o(Tract 4, 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 File Number 2008022426, Official Public Records of Lubbock County, Texas, for the Northernmost Northeast comer of this tract; THENCE S. 03"07'28" E., along the West right-of-way line of said Interstate Highway Number27, a distance of 11.62 feet; THENCE S. 28.57'27" W ., a distance of 64.39 feet; THENCE S. 80°13'41" W., a distance of230.69 feet; THENCE S. 48•54'32" E., a distance of 142.00 feet; THENCE S. 03.07'22. E., a distance of 6.83 feet to a point in the South line of said Tract 4; THENCE S. 86.52'38. W ., along the South line of said Tract 4, a distance of 28.72 feet; THENCE N. 03"07'22. W ., a distance of 6.87 feet; THENCE N. 48.54'32• W., a distance of 146.00 feet; THENCE N. 09.32'33"W ., a distance of 55.33 feet to the Point of Beginning. Bearings relative to the West right-of-way line of Interstate Highway Number 27 being previously recognized asS 03.07'28"E . August 25, 2006 ., / I ·,.'J . ' -, ,/ ,.,.,/_, / ~ <./ t. ~/· ;;?41/ Robert A. Christoptrer--// Registered Professional Land Surveyor No. 5167 Licensed State Land Surveyor State of Texas Lubbock County TEXAS February 03, 2009 03:05:34 PM FEE ; $24 .00 2009003534