HomeMy WebLinkAboutOrdinance - 7909-1979 - Abandoning/Closing Poritons Of Street 33Rd Lying Betwen Cedar/Elm Avenues - 08/23/1979~ JWF :cl ORDINANCE NO. 7909
AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF STREET:
33RD STREET .LYING BETWEEN CEDAR AND ELM AVENUES; AND ALSO ABANDONING DRAINAGE
EASEMENT PORTION OF A DRAINAGE AND UTILITY EASEMENT IN THE CITY OF LUBBOCK,
LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DE~CRIBED IN THE BODY OF THIS
ORDINANCE; DIRECTING THE CITY ENGINEER~ MARK THNFFICIAL MAP OF THE CITY OF
LUBBOCK TO INDICATE THE CLOSING AND ABANlJONMENT OF THAT CERTAIN STREET AND
DRAINAGE EASEMENT, PROVIDING A SAVI~GS 1CLAUSE AND PROVIDING FOR PUBLICATION.
WHEREAS, the City Council finds that the Street and drainage ·easement
portions hereinafter described are no longer needed for Street and drainage
purposes and for public use; and,
WHEREAS, the City Council finds it would be to the public interest to
close, vacate and abandon the same for Street and drainage purposes and to
public use; and NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the Street and drainage easement portions as hereinafter
described shall BE and the same are hereby closed, vacated and abandoned for
street and drainage easement purposes and for public use:
(A). That portion of drainage easement for drainage purposes
contained in a Drainage and Utility Easement dated July 30, 1975,
executed in favor of the City of Lubbock by Belverd Needles,
Belverd Needles, Jr., and Melinda J. Miller, and recorded in
Volume 1433, Pages 87-89 (inclusive) of the Deed Records of Lub-
bock County, Texas, same being incorporated herein for all law-
ful purposes as if fully copied herein in detail in this place,
said drainage easement portion of said instrument is hereby closed,
vacated, and abandoned, provided however, that the utility ease-
ment portion of said instrument for all type utilities as set
forth therein is hereby specifically retained by the City of
Lubbock on behalf of all such utilities, and said utility easement
portion of said instrument is not in any manner closed, vacated,
or abandoned by this ordinance.
(B). That portion of 33rd Street which lies between Cedar and
Elm Avenues in the City of Lubbock, Lubbock County, Texas is
hereby closed, vacated and abandoned, said portion of 33rd Street
being more particularly described as comprising and constituting
four tracts of land, each of said four tracts being a part of the
portion of 33rd Street being hereby closed, vacated, and abandoned,
said four tracts being individually described as follows:
TRACT 1:
BEGINNING at a point in the South line of Lot 1, Plains Cooperative
Oil Mill Addition to the City of Lubbock, Lubbock County, Texas,
which is 101.8 feet West of the Southeast corner of said Lot l;
THENCE West a distance of 548.2 feet;
THENCE South a distance of 25.00 feet;
THENCE East a distance of 548.2 feet;
THENCE North a distance of .25.00 feet to the PLACE OF BEGINNING.
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TRACT 2:
BEGINNING at the Northwest corner of Lot 1, Block 93, Wheelocks
2nd Addition to the City of Lubbock, Lubbock County, Texas;
THENCE East a distance of 112.5 feet to the Northeast corner
of said Lot 1;
THENCE North a distance of 25.00 feet;
THENCE West a distance of 112.5 feet;
THENCE South a distance of 25.00 feet to the PLACE OF BEGINNING.
TRACT 3:
BEGINNING in the Northwest corner of Block 93, Wheelocks 2nd
Addition to the City of Lubbock, Lubbock County, Texas;
THENCE East, along the North line of said Block 93, a distance
of 537.5 feet;
THENCE North a distance of 25.00 feet;
THENCE West a distance of 537.5 feet;
THENCE South a distance of 25.00 feet to the PLACE OF BEGINNING.
TRACT 4:
BEGINNING in the Southeast corner of Block 88, Wheelocks 2nd
Addition to the City of Lubbock, Lubbock County, Texas;
THENCE South a distance of 25.00 feet;
THENCE West a distance of 101.8 feet;
THENCE North a distance of 25.00 feet;
THENCE East a distance of 101.8 feet to the PLACE OF BEGINNING.
SECTION 2. THAT the City Engineer is hereby authorized and directed to
mark the official map of the City of Lubbock to indicate that the Street and
drainage easement portions described in Section 1 hereof has been closed and
abandoned, 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.
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SECTION 4. THAT the City Secretary is hereby authorized and directed
to cause publication of the descriptive caption of this Ordinance as an alter-
native method provided by law.
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 23rd
Passed by the City Council on second reading this )3th
~'.l'TEST: -~
APPROVED AS TO CONTENT:
1~~
Tom Nivens,ltight of Way Agent
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APPROVED AS TO FORM:
August day of ________ ,1979
day of March ,198a