HomeMy WebLinkAboutOrdinance - 2009-O0028 - Abandoning/Closing Two Street Stubs Located In Section 38, Block AK - 04/09/2009'I I, First Reading
April 9,. 2009
Itea No. 5.18
File and Return to
Dave Booher R.O.W.
City of Lubbock
Second lleading
May 14,. 2009
Itea No. 5.15
ORDINANCE NO. 2009-o0028
AN ORDINANCE ABANDONING AND CLOSING TWO STREET STUBS
OCATED IN SECTION 38, BLOCK AK, LUBBOCK COUNTY, TEXAS AND
ORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE;
IRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE
ITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A
AVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
WHEREAS, the City Council finds that the street portions as hereinafter
escribed in the body of this Ordinance are no longer needed for street purposes and for
ublic use; and it would be in the public interest to close, vacate and abandon the same
or street purposes and for public use, and it would be in the public interest to close,
acate and abandon the same; NOW THEREFORE:
E IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION I. THAT the street portions as hereinafter described shall BE and the
arne are hereby closed, vacated and abandoned for street purposes and for public use,
uch street portions being more particularly described in the attached Exhibit "A" and
'B."
SECTION 2. THAT the City Engineer is hereby authorized and directed to mark
he official maps of the City of Lubbock to reflect said abandonment and closing,
bowing the number of this Ordinance and the date of its final passage.
SECTION 3. THAT should any section, paragraph, sentence, phrase, clause or
ord of this Ordinance be declared unconstitutional or invalid for any reason, the
emainder of this Ordinance shall not be affected thereby.
SECTION 4. THAT the City Secretary of the City of Lubbock is hereby
uthorized and directed to cause publication of the descriptive caption of this Ordinance
s an alternative method provided by law.
AND IT IS SO ORDERED.
assed by the City Council on first reading this 9th day of April • 2009 .
assed by the City Council on second reading this 14th day of May • 2009.
TOM MARTIN, MAYOR
.,. 0 ;o
"0 c c:'l fll
Dave Booher, Right-of-Way Agent
APPROVED AS TO FORM:
Chad Weaver, Assistant City Attorney
gsl A&C-ord.street stubs. section 38,Bik AK
3.16.09
2
EXHIBIT
II'
DESCRIPTION OP A
6310 GenoiiAve. Suite A l••bbock TX. 79424
Phone: 806-687-I 569 Fax: 806-687-1569
E-mal:~com
Ordinance No. 2009-00028
0.0231 ACRE TRAer OF LAND IN
SECI'ION 38, BLOCX AX,
LUBBOCK. COUNTY, TEXAS
(PLAT OF SURVEY ON SEPARATE D<XUMF..NT)
A 0.0231 ACRE TRACT OF LAND LOCATED IN SECTION ~.BLOCK AK. LUBBOCK COUNTY, TEXAS, BEING A
STREET S1U8 PORTION OF THE SOUTH RIGHT-OF-WAY LINE OF 37IH STREET AS DEDICATED BY
MILWAUKEE JUDGE ADDmON, AN ADDmON TO THE CrJY OF LUBBOCK. ACCORDING TO THE MAP,
PLAT AND/OR DEDICATION DEED THEREOF RECORDED IN VOUJME 10236. PAGE 300 AND CORREC'Il!D
IN VOLUME 10271, PAGE 329, OF THE OmCL\L PUBIJC RECORDS OF LUBBOCK COUNTY, SAID 0.0231 ACRE
TRACT BEING FURTIIER DESCRIBED AS FOllOWS:
BEGINNING AT A 1/2R IRON ROD WITH A CAP MARKED "'STEVENS RPlS 4339" FOUND IN TilE SOtml
RIGHT-OF-WAY LINE OF SAID 37IH STREET .AND TilE SOtrlli PLAT LIMITS OF SAID MILWAUKEE RIDGE
ADDmON FOR THE NORTHEAST CORNER OF nus TRACT, WHENCE THE NORTHEAST CORNER OF
SEC'I10N 38 BEARS DUE EAST A DISTANCE OF 439.28 FEET AND DUE NORlll A DISTANCE OF 1221.00 FEET,
PER CALLS IN PREVIOUS PLAT AND DEED;
THENCE S. 45° fX1 OOR W., ALONG SAID SOUTH RIGHT-OF-WAY LINE AND PLAT UMITS, A DISTANCE OF
21.21 FEET TO A 1/2" IRON ROD WITH A CAP FOUND AT A POINT OF INTERSECTION FOR Tim SOUTHEAST
CORNER OF 1HIS TRACT;
THENCE DUE WEST, ALONG SAID SOUTH RIGHT-OF-WAY LINE AND PLAT LIMITS, A DISTANCE OF 52.00
FEET TO A 1/2" IRON ROD WITH A CAP FOUND AT A POINT OF INTERSECTION FOR THE SOUTHWEST
CORNER OF mrs TRACT;
THENCE N. 45° 00' 00" W., ALONG SAID SOU1H RIGHr-OF-WAY LINE AND PLAT LIMITS, A DISTANCE OF
21.21 FEET TO A 1/2" IRON ROD WITH A CAP MARKED "STEVENS RPLS 4339" FOUND AT A POINT OF
INTERSBCI10N FOR 1HE NORTIJWEST CORNER OF TinS TRACT;
THENCE DUE EAST A DISTANCE OF 82.00 FEET TO TilE POINT OF BEGINNING. BEARINGS ARE
RELA.11VE TO THAT CERTAIN 213.732 ACRE TRACI' DESCRIBED AND RECORDED IN VOLUME 9716, PAGE
149 AND SAID PLA.T OF MILWAUKEE RIDGE ADDmON.
I, NORRIS STEVENS, REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY 1HAT TinS
DESCRimON WAS PREPARED FROM AN ACI1JAL SURVEY OF THE PROPERlY AND 1HAT THE
INFORMATION HEREON REPRESENTS THE FINDINGS OF nus SURVEY TO 1HE BEST OF MY
KNOWLEDGE AND BELIEF.
SURVEYOR'S REPORT:
TinS SURVEY IS SUBJECT TO ANY FACI'S TIIAT MAY BE DISCLOSED BY A FULL AND ACCURATE TITLE
SEARCH.
FOUND MONUMENTS ARE ACCEPTED AS CONTROlLING EVIDENCE DUE TO SUBSTANTIAL AGREEMENT
WITH RECORD DOCUMENTS.
080519 0.0231 :!C.
EXHIBIT
t ( ' ..
Ordinance No. 2009-o0028
~
2737 81 ST STREET LUBBOCK, TEXAS 79423
(806) 745-7670 li
"Count tm it"
FIELD NOTES on a 0.02 acre tract out of Section 38. Block AK, Lubbock County. Texas. being further described by Metes and Bounds as
follows:
BEGINNING at the Northeast comer of this tract vmich bears South 1221 feet and West 731.34 feet from the Northeast comer of Section 38,
Block AK as shown on the proposed Plat of Milwaukee Ridge Addition, Lots 1-150 and Tracts A-D:
THENCE S 45• W, 21.21 feet;
THENCE West. 56 feet
THENCE N 45• W, 21.21 feet;
THENCE East. 86 feet to the PLACE of BEGINNING and containing 0.02 acres including any Right of Way.
November 14, 200S
These Notes are based on a Survey Made on the Ground.
J. M. Cieszinski, RPLS # 4460
FILED AND RECORDED
OFFICI~L PUBLIC RECORDS
Kelly Pinion, County Clerk
Lubbock County TEXAS
June 17, 2009 03:10:22 PM
FEE: $28.00 2009021215