HomeMy WebLinkAboutOrdinance - 2009-O0081 - Abandoning/Closing Garbage Collection/Drainage Easement; Section 20,Block E-2 - 09/10/2009First Reading Second Reading
August 27, 2009 File and Return to September 10, 2009
Item No. 5.19 Dave Booher R.O.W. Item No. 5.6
City of Lubbock
ORDINANCE NO. 2009-00081
AN ORDINANCE ABANDONING AND CLOSING A TEMPORARY
GARBAGE COLLECTION/DRAINAGE EASEMENT AND A TEMPORARY
DRAINAGE EASEMENT LOCATED IN SECTION 20, BLOCK E-2, 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; AND PROVIDING FOR
PUBLICATION.
WHEREAS, the City Council finds that the easements 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 easements as hereinafter described shall BE and the
same are hereby closed, vacated and abandoned for easement purposes and for public
use, such easements being more particularly described as follows in Exhibit "A" and "B".
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 27th day of August , 2009.
Passed by the City Council on second reading this loth day of September , 2009.
ATTEST:
! I J
R e b e ``C�rza�iSecreta f
APPROVE151 5 TOCONK ENT:
Dave Booher, Right -of -Way Agent
APPROVED AS TO FORM:
Chad Weaver, Assistant City Attorney
A&C-temp garbagecoll&drainage Easement.ord
8/7/09
TOM MARTIN, MAYOR
I
EXHIBIT
a , Ordinance No. 2009-00081
TEMPORARY GARBAGE COLLECTION AND DRAINAGE EASEMENT
METES AND BOUNDS DESCRIPTION OF A TEMPORARY GARBAGE
COLLECTION AND DRAINAGE EASEMENT IN THE SOUTH HALF OF
SECTION 20, BLOCK E-2, LUBBOCK COUNTY, TEXAS BEING A
PORTION OF THAT 74.337 ACRE TRACT OF LAND DESCRIBED IN
VOLUME 8911 PAGE 183 OF THE OFFICIAL PUBLIC RECORDS OF
LUBBOCK COUNTY, TEXAS AND FURTHER DESCRIBED AS FOLLOWS:
BEGINNING AT A 1/2" IRON ROD WITH CAP FOUND FOR THE
NORTHEAST CORNER OF THIS TRACT AT THE SOUTHEAST CORNER
OF A 10.437 ACRE TRACT OF LAND IN THE EAST LINE OF SAID 74.337
ACRE TRACT FROM WHENCE THE NORTHEAST CORNER OF THE
SOUTH HALF OF SAID SECTION 20 IS CALLED TO BEAR EAST A
DISTANCE OF 736.67 FEET AND N 0°03'06" E A DISTANCE OF 1723.52
FEET;
THENCE SOUTH, ALONG THE EAST LINE OF SAID 74.337 ACRE TRACT,
A DISTANCE OF 30.00 FEET TO THE SOUTHEAST CORNER OF THIS
TRACT;
THENCE WEST A DISTANCE OF 60.00 FEET TO A CORNER OF THIS
TRACT;
THENCE N 45°00"00' W A DISTANCE OF 14.14 FEET TO AN ELL CORNER
OF THIS TRACT;
THENCE WEST A DISTANCE OF 100.00 FEET TO THE SOUTHWEST
CORNER OF THIS TRACT;
THENCE NORTH A DISTANCE OF 20.00 FEET TO A POINT IN SOUTH
LINE OF SAID 10.437 ACRES TRACT FOR THE NORTHWEST CORNER
OF THIS TRACT;
THENCE EAST, ALONG THE SOUTH LINE OF SAID 10.437 ACRE TRACT,
A DISTANCE OF 170.00 FEET TO THE PLACE OF BEGINNING (the
"Easement Tract").
:Z:l
Ordinance No. 2009-00081
TEMPORARY DRAINAGE EASEMENT
METES AND BOUNDS DESCRIPTION OF A TEMPORARY DRAINAGE
EASEMENT IN THE SOUTH HALF OF SECTION 20, BLOCK E-2,
LUBBOCK COUNTY, TEXAS BEING A PORTION OF THAT 74.337 ACRE
TRACT OF LAND DESCRIBED IN VOLUME 8911 PAGE 183 OF THE
OFFICIAL PUBLIC RECORDS OF LUBBOCK COUNTY, TEXAS AND
FURTHER DESCRIBED AS FOLLOWS:
BEGINNING AT A 1/2" IRON ROD WITH CAP SET FOR THE NORTHEAST
CORNER OF THIS TRACT IN THE SOUTH LINE OF A 10.437 ACRE
TRACT OF LAND FROM WHENCE THE NORTHEAST CORNER OF THE
SOUTH HALF OF SAID SECTION 20 IS CALLED TO BEAR EAST A
DISTANCE OF 854.67 FEET AND N 0°03'06" E A DISTANCE OF 1723.52
FEET;
THENCE SOUTH A DISTANCE OF 100.00 FEET TO THE SOUTHEAST
CORNER OF THIS TRACT;
THENCE WEST A DISTANCE OF 52.00 FEET TO THE SOUTHWEST
CORNER OF THIS TRACT;
THENCE NORTH A DISTANCE OF 100.00 FEET TO A POINT IN THE
SOUTH LINE OF SAID 10.437 ACRE TRACT FOR THE NORTHWEST
CORNER OF THIS TRACT;
THENCE EAST, ALONG THE SOUTH LINE OF SAID 10.437 ACRE TRACT,
A DISTANCE OF 52.00 FEET TO THE PLACE OF BEGINNING (the
"Easement Tract").
�._� f OFFICIAL PUBLIC RECORDS
*` M
Kelly Pinion, County Clerk
Lubbock County TEXAS
October 21, 2009 02:17:21 PM 2009037749
FEE: $28.00
THE STATE OF TEXAS
COUNTY OF LUBBOCK
Before me Wendy J. Knox a Notary Public in and for Lubbock County, Texas on this
day personalty appeared Mary Elizabeth George of the Southwestern Newspaper
Corporation, publishers of the Lubbock Avalanche -Journal - Morning, and Sunday, who being by me duty sworn
did dispose and say that said newspaper has run continuously for more than fifty-two weeks prior to the first
insertion of this Legal Notice
No. at Lubbock County, Texas and the attached
printed copy of the Legal Nodde I is a true copy of the original and was printed in the Li
Avalanche-Joumai on the following dates: _ ,n M _ _��Lk )DfC(S
j'AjudZ-KMy
NOTARY PUBOd in and for the State of Texas
my commission Expires 412812012
LUBBOCK AVALANCHE -JOURNAL
Morris Communication Corporation
I�
Subscribed and swom to before me this b day of
FORM 58-10
Olt)?
WENDY J. KNOX
NOTARY PUBLIC
State of Texas
Comm. Exp. 04-28-2012