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HomeMy WebLinkAboutOrdinance - 2009-O0068 - Abandoning&Closing Drainage Easement; Sec 16,Block E-2 - 07/28/2009First Reading Second Reading July 28, 2009 August 27, 2009 Item No. 5.14 File and Return to Item No. 5.18 Dave Booher R.O.W. ORDINANCE NO. 2009-00068 AN ORDINANCE ABANDONING AND CLOSING A DRAINAGE AND STORM WATER STORAGE EASEMENT LOCATED IN SECTION 16, 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 easement as hereinafter described in w 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 in the attached 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. Passed by the City Council on first reading this 28th day of July , 2009. Passed by the City Council on second reading this 27th day of August , 2009. TOM MARTIN, MAYOR I ATTEST C 'IQ Rebec a Garza, City -Secretary APPROVED AS TO CONTENT: ✓alze &2& Dave Booher, Right -of -Way Agent APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney A&C-Blanket&storinwater drainage easement -Sect 16,BlkE-2.ord 7.10.09 2 Ordinance No. 2009-00068 HUGO REED AND ASSOCIATES, INC. 1601 Avenue N / Lubbock, Texas 79401 / 806/763-5642 / FAX 8061763-3891 METES AND BOUNDS DESCRIPTION of a Drainage and Stormwater Storage Easement to be closed, located in Section 16, Block E-2, Lubbock County, Texas being further described as follows: BEGINNING at a 1/2" rod with cap found in the North line of Section 16 for the Northeast corner of this tract, which bears N. 89059'17" W. a distance of 330.00 feet from the Northeast corner of Section 16, Block E-2, Lubbock County, Texas; THENCE S. 00014'17" E. a distance of 215.00 feet to a 1/2" rod found in the North right-of-way line of 98th Street at the Southeast corner of this tract; THENCE N. 89059'17" W., along said right-of-way line, a distance of 189.67 feet to a 1/2" rod with cap found at a point of curvature; THENCE Northwesterly, continuing along said right-of-way line around a curve to the right, said curve having a radius of 899.93 feet, a central angle of 20051'32", tangent lengths of 165.65 feet and a chord distance of 325.82 feet to a 1/2" rod with cap found at a point of tangency; THENCE N. 6900745" W., continuing along said right-of-way line, a distance of 406.75 feet to a 1/2" rod with cap found at a point of curvature; THENCE Northwesterly, continuing along said right-of-way line around a curve to the left, said curve having a radius of 1009.93 feet, a central angle of 01 05146", tangent lengths of 16.42 feet and a chord distance of 32.83 feet to a 1/2" rod with cap found in the North line of Section 16 for the Northwest corner of this tract; THENCE S. 89059'17" E., along the North line of Section 16, a distance of 920.13 feet to the Point of Beginning. Bearings relative to the North right-of-way line of 98th Street being previously recognized as N. 89'59'17" W. CONTAINS: 3.106 Acres May 19, 2008 Ofw �—�! -i�®lNQirtlkGl[S.Y.21+�tY4Rt'4`JffDflq"?lAOiPI'aSAe BRENT CARROLL Brent Carroll .� 54 1 0 B O'cS�tO'�C$ Registered Professional Land Surveyor No. 5410t�1•,�°` "ftr vft*� -V, State of Texas FILED AND RECORDED OF r OFFICIAL PUBLIC RECORDS Kelly Pinion, County Clerk Lubbock County TEXAS August 31, 2009FEE300 .$244PM 2009031482 THE STATE OF TEXAS 44htt V` 0 COUNTY OF LUBBOCK Before me Wendy I Knox a Notary Public in and for Lubbock County, Texas on this day personally appeared _Mary Elizabeth George of the Southwestern Newspaper Corporation, publishers of the Lubbock Avalanche-Joumal - Morning, and Sunday, who being by me duly 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 Notice , is a true copy of the original and was printed in the Lubbock NOTARY PUB IC in and for the State of Texas my commission Expires 412812012 LUBBOCK AVALANCHE -JOURNAL Morris Communication Corporation Subscribed and sworn to before me this 1 � day of FORM 58-10 ":;�� WENDY J. KNOX NOTARY PUBLIC State of Texas "Fa!Comm. Exp. 04-28-2012