HomeMy WebLinkAboutOrdinance - 2020-O0003 - Closing Portion Of 36Th Street - 01_28_2020First Reading tn-bboCA - 1?. oio Second Reading
January 14, 2020 January 28, 2020
Item No. 6.4 Item No. 6.2
ORDINANCE NO. 2020-00003
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF 36™ STREET
RIGHT-OF-WAY AS DESCRIBED IN VOLUME 447, PAGE 255; VOLUME 447, PAGE
256; VOLUME 449, PAGE 113; AND VOLUME 449, PAGE 115 OF THE DEED RECORDS
OF LUBBOCK COUNTY, TEXAS; AND ORDINANCE ABANDONING AND CLOSING
A PORTION OF ALLEY RIGHT-OF-WAY LOCATED IN TRACTS 9 & 10, STUBBS
SUBDIVISION AS DESCRIBED IN VOLUME 445, PAGE 538 AND VOLUME 449, PAGE
111 OF THE DEED RECORDS OF LUBBOCK COUNTY, TEXAS, WHICH IS MORE
PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; RESERVING A
UTILITY EASEMENT; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL
MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING AND
RESERVATION; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
WHEREAS, the City Council finds that the street and alley right-of-way hereinafter
described in the body of this Ordinance are no longer needed for street and alley right-of-way
purposes and for public use; and it would be in the public interest to close, vacate and abandon
the same for street and alley right-of-way purposes and for public use; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the street and alley right-of-way as hereinafter described shall
BE and the same are hereby closed, vacated and abandoned for street and alley right-of-way
purposes and for public use, such street and alley right-of-way being more particularly
described in the attached Exhibit "A" and "B".
SECTION 2. THAT an easement is hereby reserved on the property described in
Section 1, above, and such easement is reserved and retained for utility easement purposes
with the right of ingress and egress at all times for such purpose, and an easement is also
reserved for any and all existing pipelines or other utilities within said property together with
all rights appurtenant to the continuation of such utilities, such easement being more
particularly described in the attached Exhibit "C".
SECTION 3. 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 and easement
reservation, showing the number of this Ordinance and the date of its final passage.
SECTION 4. 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 5. 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.
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AND IT IS SO ORDERED.
Passed by the City Council on first reading this 14th day of January 2020.
Passed by the City Council on second reading this 28tH day of January , 2020.
DANIEL M. POPE, MAYOR
ATTEST:
Rebec a Garza, City Secretar
APPROVED AS TO CONTENT:
Michael Keenum, P.E., Division Director of Engineering/City Engineer
APPROVED AS TO FORM:
R , nB okc, Assistant City Attorney
Ord.A&C.3611' Street and Alley
1.24.20
EXHIBIT "A" - PROPOSED STREET CLOSURE
I Q L OT'A I I I TRACT lO
VCY.6627 PC 333 Va, 427 PC 551
I b 3 g S TUBBS SUBDIVISION
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N89°57'501E 165.30'
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57.83
0536th STREET
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15.05''
S89°55'22"W STREETO£D. mt.449,PC. 113 I , I P v
THIS POINT 15 THE NORTHWEST 65.68 N • STR£E70E0. Va.447,PG.P56 I $
CORNER OF LOT 3.McNEILL HEIGHTS.
LOT 3
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MCNEIL L HEIGHTS I I I
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igi ll PORTION OF
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sTUBBs
No abstract of title or title commitment was provided to this surveyor.A legal description(sheet 2 of 2)of even
Record research done by this surveyor was made only for the purpose survey date herewith accompanies this plat
of determining the boundary of this property and of the adjoining of survey.
parcels.Record documents other than those shown on this survey may
exist and encumber this property.
Bearings relative to the East line of Section 10,Block B,previously
recognized as S.00°02'03"E.
N
CONTAINS:5,951 square feet
SCALE:1"-50'
Surveyed on the ground SET CROSS HATCH NAIL WITH WASHER
August 31,2018 FOUND SQUARE TUBE
Qo -FOUND 314-IRON PIPE
March 12,2019-Revised to update adjoiner information Q-SET IQ"IRON ROD WITH CAP MARxED-HRA"
December 18,2019-Revised as requested by City of Lubbock to 181171-HFM(TW)
affirm entire street closure in top paragraph.
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Brent Carroll r Q
5410 P HUGO REED
Registered Professional SS J AND ASSOCIATES, INC.
Land Surveyor No.5410 su LAND SURVEYORS 1601 AVENUE N
State of Texas CIVIL ENGINEERS LUBBOCK,TEXAS 79401
TEAS LICENSED SURVEYING FIRM 100Er6C0 PHONE:8061763-5642
TEXAS REGISTERED ENGINEERING FIRM F.700 FAX.806/763-3691
PERIMETER SURVEY OF A 0.0465 ACRE TRACT OF LAND
BEING AN ALLEY LOCATED IN TRACTS 9 AND 10
STUBBS SUBDIVISION EXHIBIT
J LOT l I 49
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McDOIVAL D'PVT BILLBOARD S/GN ESPN;
1 vI I V(X. 9854,PG 337
b C BCCFN 70/7040362J
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PORT/ON OF TRACT 9 POP,T/ON OF TRACT 9
S89°5750"W
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361117 S TlY /
STREET DED. VOL 449,Nf. IIS
LOT,?1
MCIVEIL L HEIGH TS I
No abstract of title or title commitment was provided to this surveyor. A legal description of even survey date
Record research done by this surveyor was made only for the purpose herewith accompanies this plat of survey.
of determining the boundary of this property and of the adjoining
parcels.Record documents other than those shown on this survey may
exist and encumber this property.
Bearings relative to the East line of Section 10,Block B,previously
recognized as S.00002'03"E.
SCALE:V-5V
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CONTAINS:2,024 square feet
Q-FOUND 60 PENNY NAIL
OF O-SET 1/2"IRON ROD WITH CAP(MARKED"HRA")
Surveyed on the ground tlr°r°L ®-FOUND"X"CUT IN CONCRETE
DATE August 31,2018
T"
OO -FOUND 3/4"IRON PIPE
181171-1IFN(7W)
OINK\MJl[piY 111M/1'M,rNt,Jr
BRENT CARI 01_L
SHEET 1 OF 2
5410J..fqHUG0 REED
Brent
Carrollf.
U° fG AND ASSOCIATES, INC.
Registered Professional
S,
LAND SURVEYORS
LUBBOCK,
6 1 AVENUE
9401LandSurveyorNo.5410
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CIVIL ENGINEERS
PHONE:8061763-5642
State of Texas TEXAS REGISTERED ENGINEERINDFIRM F-7W FAX:6061763-3891
Copyright 2019,Hugo Recd and Associates,Inc.for the sole use of Title Co.
for OF 9 and any other identifiers as indicated in the certificate shown hereon.
PERIMETER SURVEY OF A 0.0465 ACRE TRACT OF LAND
BEING AN ALLEY LOCATED IN TRACTS 9 AND 10
STUBBS SUBDIVISION EXHIBIT
METES AND BOUNDS DESCRIPTION of an alley located in Tracts 9 and 10,Stubbs Subdivision of the
Northeast quarter of the Northeast quarter of Section 10,Block B,Lubbock,Texas,said alley recorded in
Volume 445,Page 538 of the Deed Records of Lubbock County,Texas(DRLCT),and Volume 449,Page 11 1,
DRLCT,being further described as follows:
BEGINNING at a point for the Southwest comer of this tract located in the North right-of-way line of 36th
Street as described in Volume 449,Page 113,of the Deed Records of Lubbock County,Texas,which bears
N. 89°57'50" E. a distance of 72.40 feet and South a distance of 10.00 feet from a 3/4"iron pipe found at the
Southwest corner of Lot A, Stubbs Subdivision to the City of Lubbock,Lubbock County,Texas,according to
the map,plat and/or dedication deed thereof recorded in Volume 6627, Page 333 of the Real Property Records
of Lubbock County,Texas;
THENCE North,at 10.00 feet pass a 1/2" iron rod with cap(marked"HRA") set for the Southeast comer of
said Lot A,continuing along the Eastern boundary of said Lot A,for a total distance of 110.00 feet to a point;
THENCE East,continuing along the Eastern boundary of said Lot A,a distance of 2.50 feet to a point;
THENCE North, continuing along the Eastern boundary of said Lot A,a distance of 50.00 feet to a point at the
Northwest comer of this tract;
THENCE East a distance of 7.50 feet to a"Mag"nail set for the Northeast corner of this tract;
THENCE South a distance of 50.00 feet to an"x"found cut in concrete;
THENCE East a distance of 5.00 feet to an"x" found cut in concrete;
THENCE South a distance of 109.99 feet to a 60 penny nail found in the said North right-of-way line of 36th
Street at the Southeast corner of this tract;
THENCE S. 89°57'50"W.,along the said North right-of-way line,a distance of 15.00 feet to the Point of
Beginning.
Contains 2,024 square feet
Bearings relative to the East line of Section 10, Block B,previously recognized as S.00°02'03"E.
August 31,2018
January 9,2020-revised to correct recording information in first paragraph.
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Brent Carroll 5410 , /
Registered Professional 4'.^:' f.f>51t; o,, HUGO REED
D``="6 r AND ASSOCIATES, INC.Land Surveyor No. 5410 S ;
State of Texas c%
Ci. LAND SURVEYORS 1601 AVENUE N
CIVIL ENGINEERS LUBBOCK.TEXAS 79401
TEXAS LICENSED SURVEYING FIRM 10097600 PHONE:806/753.5642
TEXAS REGISTERED ENGINEERING FIRM F-790 FAX:806/763-3891
Copyright 2018,Hugo Reed and Associates.Inc.for the sole use ofT'itle Co.
tar OF N and any tither identifiers its indicuted in the certificate shown hereon.
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EXHIBIT "A" - PROPOSED STREET CLOSURE
METES AND BOUNDS DESCRIPTION of portions of 36th Street,as described in Volume 447,Page 255,Volume 447,Page 256,Volume
449,Page 113,and Volume 449,Page 115 of the Deed Records of Lubbock County,Texas(DRLCT),said portions of 361h Street being all
previously dedicated 36th Street right-of-way lying between the East right-of--way line of Avenue"P"and the East right-of-way line of
Avenue"Q",and being more particularly described as follows:
BEGINNING at a 3/4"iron pipe found in the South right-of-way line of 36th Street as described in Volume 449,Page 113,DRLCT,being the Northwest
comer of Lot 3,McNeill Heights,an addition to the City of Lubbock,Lubbock County,Texas,according to the map,plat and/or dedication deed thereof
recorded in Volume 702,Page 421,DRLCT,far the most Westerly Southwest corner of this tract;
THENCE N.00°16'55"E.a distance of 15.05 feet to a point at the Southwest comer of a 0.167 acre tract of land as described in Quitclaim Deed
recorded under County Clerk File Number(CCFN)2019005192 of the Official Public Records of Lubbock County,Texas(OPRLCT),and the North
right-of-way line of said 36th Street for the Northwest comer of this tract;
THENCE N.89°57'50"E.,along the Southern boundary of said 0.167 acre tract and the said North right-0f--way line of 36th Street,at 57.83 feet pass the
Southeast comer of said 0.167 acre tract,continuing along the said North right-of-way line for a total distance of 165.30 feet to a 1/2"iron rod with cap
marked"HUGO REED ASSOC"set in the right-of-way line of 36th Street as described in Volume 447,Page 255,DRLCT;
THENCE N.00002'49"W.,along said right-of-way,a distance of 9.96 feet to a 1/2"iron rod with cap set for the Northwest comer of said 36th Street as
described in Volume 447,Page 255,DRLCT;
THENCE N.89°50'10"E.,along said right-of-way,at 15.00 feet pass the Northeast corner of said right-of-way and the Northwest comer of 36th street
right-of-way line described in Volume 449,Page 115,DRLCT,continuing along said right-of-way line for a total distance of 25.00 feet to a 1/2"iron rod
with cap set for the Northeast corner of this tract;
THENCE S.00°0249"E.,along the right-of-way line of 36th Street as described in Volume 449,Page 115,DRLCT,a distance of 45.01 feet to a 1/2"
iron rod with cap marked"HUGO REED ASSOC"set for the most Easterly Southeast comer of this tract;
THENCE S.89053'09"W.,at 25.00 feet pass the Southeast corner of the right-of-way of 36th Street as described in said Volume 449,Page 113,DRLCT,
continuing along said South right-of-way line,at 50.00 feet pass the Northeast comer of a right-of-way dedication as described in Volume 447,Page 256,
DRLCT,for a total distance of 53.06 feet to a cross hatched nail set;
THENCE S.00°09'17"W.a distance of 4.79 feet to a 1/2"square tube found in the South right-of-way line as described in said Volume 447,Page 256,
at the Northeast comer of said Lot 3,McNeill Heights,for the most Southerly Southeast corner of this tract;
THENCE S.89055'23"W.,along the Northern boundary of said Lot 3,and the South right-of-way line of said 36th Street,a distance of 71.55 feet to a
112"square tube found at a corner of said Lot 3,the same being the Southwest comer of said right-of-way dedication and the most Southerly Southwest
comer of this tract;
THENCE N.00012'42"W„along the Northern boundary of said Lot 3 and the right-of-way dedications as described in said Volume 447,Page 256 and
said Volume 449,Page 113,DRLCT,a distance of 24.91 feet to a cross hatch nail with washer set for a corner of said Lot 3 and a comer in the South
right-of-way line of 36th Street described in said Volume 449,Page 1 13,DRLCT;
THENCE S.89055'22"W„along the Northern boundary of said Lot 3 and the South right-of-way line of said 36th Street,a distance of 65.68 feet to the
Point of Beginning.
Contains 5,951 square feet
Bearings relative to the East line of Section 10,Block B,previously recognized as S.00°02'03"E.
A plat of survey(sheet I of 2)of even survey date herewith accompanies this legal description.
August 31,2018
March 12,2019-Revised to update adjoiner information
December 18,2019-Revised as requested by City of Lubbock to
affirm entire street closure in top paragraph.
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Brent w4f -98-ENT-CARR LL SHEET 2 OF 2
Registered Professional Ir
10 kiiHUGO REED
Land Surveyor No.5410 yO I-fqw.. O AND ASSOCIATES, INC.
State of Texas SU LAND SURVEYORS 1601 AVENUE N
CIVIL ENGINEEP.S LUBBOCK,TEXAS 79401
TExAS LICENSED SURVEYING FIRM 100876-00 PHONE:8061763.5642
TE7 A5 REGISTEREO ENGINEERING FIRM F.750 FAX:806/763.3891
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
Kelly Pinion County Clerk
Lubbock Coun�y TEXAS
03/20/2020 09:12 AM
FEE: $54.00
2020011288