HomeMy WebLinkAboutOrdinance - 2020-O0024 - Closing Temporary Drainage Easement - 03/10/2020 I
-c� First Reading Second Reading
C JFebruary 25, 2020 March 10, 2020
Y Item No. 7.5 Item No. 6.6
ORDINANCE NO. 2020-00024
L�
AN ORDINANCE ABANDONING AND CLOSING A TEMPORARY DRAINAGE T
EASEMENT, LOCATED IN SECTION 16, BLOCK E, G.0 & S.F. RR. CO. SURVEY, s�
ABSTRACT NO, 664, LUBBOCK COUNTY, TEXAS, AS RECORDED IN COUNTY
CLERK'S FILE NO. 2017036299 OF THE OFFICIAL PUBLIC RECORDS OF LUBBOCK
COUNTY,TEXAS, WHICH IS 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; r.
PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
WHEREAS, the City Council finds that the easement 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; 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 '). THAI' 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 25th day of February , 2020.
Passed by the City Council on second reading this 10thday of March , 2020.
DANIEL M. POPE,JN4AYOR
ATTEST': ,
."R.��i,` ca Ciarza,'•,City��r�t y
APPROVED-A&'T O CONTENT:
Michael Keenuin, P.E., Division Director of Engineering/City Engineer
APPROVED AS TO FORM:
Ryan B oke, Assistant City Attorney
Ord.A&C-Temp. Drainage Easement-Section 16 Block E
2.11.20
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CITY OF LUBBOCK
OFFICE PICK UP i 2017036299 3 PGs Easy:
DR-A_TNAGE EASEMENT
THE STATE OF TEXAS
§ KNOW ALL MEN BY TFfF;SE PRESENTS:
COUNTY OF LUBBOCK §
THAT BEfENBOUGH HOMES, LLC, a Texas Corporation, herein called
GRANTOR", for good and valuable consideration due to the benefits accruing and to accrue to
the remainder of GRANTOR's property by the presence of these easements,has by these presents
does GRANT and CONVEY unto the Public,for the use of the public as a temporary drainage
easement,the free and uninterrupted use,liberty of passage in,on,over,upon,along,under,and
across all that property lying and being situated in the City of Lubbock,the County of Lubbock,
State of Texas,and being more particularly described as follows,to-wit:
A Temporary Drainage Easement located in the Northwest Quarter(NW/4)of Section 16,Block E,G.C.&
S.F. R.R. Co. Survey,Abstract No,664,Lubbock County,Texas, and being situated within that certain
I23.943 acre tract of land conveyed to Betenbough Homes,Inc,described in a Warranty Deed recorded in
County Clerk's File No. 2016033826 of the Official Public Records of Lubbock County, Texas, said
casement is in conjunction with the plat of Bell Farms Lubbock South Office,an addition to the City of
Lubbock,Lubbock County,Texas,and contains 3.548 acres of land being further described by metes and
bounds as follows:
BEGINNING at a point in the cast right-of--way line of County Road 2200,also known as South University
Avenue,as described in a right-of-way easement recorded in Volume 532,Page 132 of the Deed Records
of Lubbock County,Texas,and having coordinates of Northing: 7,234,346.10 and Easting:940,991.61,
Texas Coordinate System of 1983(2011),Texas North Central Zone,whence the southwest comer of said
Northwest Quarter(NW/4)of Scction 16 bears N.88° [F 22" W.a distance of 40.00 feat and S.011 48'
38"W.a distance of488.16 feet;
THENCE S.880 11'22"E.a distance of 1135 feet to a point of curvature and a comer of this easement;
TliENCE easterly,along a curve to the right,an arc distance of 149.78 feet,said curve having a radius of
620.50 feet,a delta angle of 13°49'51",a chord distance of 149.42 feet and a chord bearing of S.SIG 12'
59"E.,to a point of reverse curvature and a comer of this easement;
THENCE northeasterly,along a curve to the left,an arc distance of 126.92 feet,said curve having a radius
of 70.00 feet,a delta angle of t03*53'19',a chord distance of 116.24 feet and a chord bearing of N.53°
45'17"E,to a point of tangency and a comer of this easement;
THENCE N.01°48'38"E.a distance of 621.92 feel to a point of curvature and a corner of this easement;
THENCE noriherly,along a curve to the left,an arc distance of 13.82 feet,said curve having a radius of
70.00 feet,a delta angle of 11°1811",a chord distance of 13.80 feet and a chord bearing of N.031 50'38'
W.,to a point of tangency and a comer of this easement;
THENCE N.09°29'53"W.a distance of 37.13 feet to a point of curvature and a corner of this easement;
THENCE northerly,along a curve to the right,an arc distance of 13.82 feet,said curve having a radius of
70.00 feet,a delta angle of l l°18'31",a chord distance of 13.80 fees and a chord bearing of N.031 50138"
W.,to a point of tangency and a corner of this easement;
THENCE N.01'49'38"E.a distance of 65.08 feet to a point and a corner of this easement;
THENCE westerly,along a curve to the right,an arc distance of 39.84 feet,said curve having a radius of
1927.00 feet,a delta angle of 01'1 P 04",a chord distance of 39.84 feet and a chord bearing of N_SSG 43'
25"W.,to a point of tangency and a comer of this easement;
THENCE N. 88° 07' 53" W. a distance of 166.63 feet to a point of intersection and a comer of this
easement;
THENCE N.43°09'38"W.a distance o(21.22 feet to a point of intersection and a corner of this easement;
THENCE N.88,07'53" W.a distance of 15.00 feet to a point fn the cast right-of-way line of said County
Road 2200(South University Avenue)for a comer ofthis easement;
THENCE N.01'48'38"1—,along said cast right-of-way line,a distance of 35.00 feet to a point for a corner
of this easement,whence the northwest corner of said Section 16 bears N. 88° 11'22"W.a distance of
40,00 feet and N.01'48'38'E.a distance of 1324.60 feet;
THENCE S.881 07'531 E.a distance of 166.40 feet to a point of curvature and a comer of this easement;
ex Vk TT r' W" 0-00 l
THENCE northeasterly,along a curve to the left,an are distance of 110.02 feet,said curve having a radius
of 70.00 feet,a delta angle of 90"03'15",a chard distance of 99.04 feet and a chord bearing of N.46°50'
30"E.,to a point of tangency and a corner of this casement;
THENCE N.O 1°48'38"E.a distance of 412.63 feet to a point of curvature and a corner of this casement;
THENCE northeasterly,along a curve to the rigbt,an arc distance of 134.44 feet,said curve having a radius
of 210.00 feet,a delta angle of 36°40'51".a chord distance of 132.16 feet and a chord hearing of N.20°
09'03"E.,to a point of reverse curvature and a comer of this easement;
THENCE northeasterly,along a curve to the left,an are distance of 320.31 feet,said curve having a radius
of 500.00 feet,a delta angle of 36'42'17",a chord distance of 314.86 feet and a chord bearing of N.201
08'19"E.,to a point of tangency and a comer of this easement;
THENCE N.OP 47'l 1"E.a distance of 370.45 feet to a point in the south right-of-way line of F.M.Hwy.
1585 for the northwest comer of this casement;
THENCE northeasterly,along a curve to the right and the south right-0f-way line of F.M.Hwy. 1585,an
arc distance of 60.10 feet,said curve having a radius of 2824.93 feet,a delta angle of 0l°13'08",a chord
distance of 60.10 feet and a chord bearing of N.88°26'47"F.,to a point for the northeast comer of this
easemcat;
THENCE S.01°47'1 1"E.a distance of 373.95 feet to a point of curvature and a comer of this easement;
THENCE southwesterly,along a curve to the right,an arc distance of 358.75 feet,said curve having a
radius of 560.00 feat,a della angle of 36°42'IT',a chord distance of 352.64 feet and a chord bearing of S.
20°08'19"W.,to a point of reverse curvature and a comer of this easement;
THENCE southwesterly,along a curve to the left,an aro distance of 96.03 feet,said curve having a radius
of 150.00 feet,a delta angle of 36°40'51",a chord distance of 94.40 feel and a chord bearing of S.20°09'
03"W.,to a point of tangency and a corner of this easement;
THENCE S. OV 48' 38" W. a distance of 520.I7 feet to a point of intersection and a corner of this
casement;
THENCE S.45°25'44"W.a distance of 14.48 fect to a point of intersociion and a comer of this casement;
THENCE S.01'48'40"W.a distance of 52.05 feet to a point of intersection and a comer of this easement;
THENCE S.44°32'05"E.a distance of 13.81 feet to a point of intersection and a corner of this casement;
THENCE S. 01° 48' 38" W. a distance of 851.92 feet to a point of intersection and a corner of this
easement;
THENCE S.32°05'09"W.a distance of 9.00 feet to a point of inter croon and a comer of this easement;
THENCE S.760 19'31"W.a distance of 14.33 feet to a point of intersection in the north right-of-way line
of 138th Street for the most southerly soutbeast comer of this easemont;
THENCE northwesterly,along a curve to the left and the north right-of--way line of I38th Street,an arc
distance of 66.54 feet,said carve having a radius of 565.00 feet,a della angle of 6°44'52",a chord
distance of 66.50 feet and a chord bearing of N.63° 18'59"W.,to a point of compound curvature and a
comer of this casement;
THENCE northwesterly,nIong a curve to the left and the north right-of-way line of 138th Street,an arc
distance of 106.66 feet,said curve having a radius of 567.00 feet,a delta angle of 10'46'41",a chord
distance of 106.50 feet and a chord bearing of N.69"07'05"W.,to a point of compound curvature and a
comer of this easement;
THENCE northwesterly,along a curve to the lett and the north right-of--way line of 138th Strew an arc
divtance of 72.76 feet, said curve having a radius of 570.50 feet, a delta angle of 7° 18'26",a chord
distance of 72.71 feet and a chord bearing of N.8l°05'36"W.,to a point of intersection and a corner of
this casement
THENCE N.420 13'I8"W.a distance of 43.14 feet to a point of intersection and a cower of this easement;
THENCE N.880 IV 22"W.a distance of 15.00 feet to a point of intersection in the east right-of-way line
of said County Road 2200(South University Avenue)for a comer of this casement;
THENCE N.Ol'48'38"E,a distance of 20.02 feet to the POINT OF BEGINNING.Bearings are relative
to the Texas Coordinate System of 1983(2011),Texas North Central Zona The coovttgcnce angle to Trtre:
North is-01°50'14".Distanccs arc at surface,in U.S.Survey feet_
This description is prepared for the sole purpose of creating a temporary drainage easement,and is
compiled from record documents,preliminary subdivision plats and information from previous surveys.
A bo WT
IN WrrNESS WHEREOF,these presents are signed at Lubbock,Texas on September 2B,2017.
DEDICATOR:
Baenb �tfF�a es,INC.
XcHy Oaks,Authorized Agent a enbough Homes.LLC.
JOSHUA WIELDY
THE STATE OF TEXAS $ "F1 iStateaf Tena
COUNTY OF LUBBOCK § 1
This instrument was acknowledged before me otNll-rY
of 20�'by Kelly Oaks,Authorized
Agent of Beteabough Homes,LLC.and In the capacity th
f
Pablic State of T
LENDER,holder of Ilens of record against portions the above referenced property,joins in this dedcatfon dead for the sole
purposa of showing its consent thereto,and that it has no objection to the granting of easements and pub9c roadways herein
dedicated and subordinates Its Ilens upon those portions of the property within the easements and roadways as shown on the
attached plat.
Comerst�8usin f ' c.
' Jo ackson,P m of Comerstonc Business Holdings,lNC
Y
UNT
THEJOSHUA WIELD
STATE OF TEXAS g
COY OF LUBBOCK § .�131ZJOq�Q
Ef1r Com�rl maces 09{n�21
This instrument was acknowtedgcd before me on this' yo 20-L-Z by Jon Jackson,I'msident of
Comerstooe Business Holdings,Inc.and in the capacity Shoal ed.
Notary Public tate of T
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
Kelly Pinlon Countyy Clark
ou
Lubbock Cn(y TEXNS
10/66/2017 11:�e An
FEE: A 00
2017036299
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FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
0�yO" f
Kelly Pinion County Clerk
Lubbock County TEUS
03/19/2020 11:31 RM
FEE: $46.00
2020011139