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HomeMy WebLinkAboutOrdinance - 2014-O0027 - Abandoning/Closing-Section 36 Block AK - 03/13/2014First Reading February 27, 2014 Item No. 5.14 ORDINANCE NO. 2014-00027 Second Reading March 13, 2014 Item No. 5.7 AN ORDINANCE ABANDONING AND CLOSING A 10 -FOOT UNDERGROUND UTILITY EASEMENT LOCATED IN SECTION 36, BLOCK AK AN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; RESERVING AN EASEMENT FOR A WATER LINE; 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 PUBLICATON. WHEREAS, the City Council finds that the 10 -foot underground utility easement as 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; WHEREAS, said abandonment shall in no way affect any water line easements, present or future and a water line easement is hereby expressly reserved; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the 10 -foot underground utility easement as hereinafter described shall BE and the same is hereby closed, vacated and abandoned for easement purposes and for public use, such easement portion being more particularly described as Exhibit "A". SECTION 2. THAT a water line easement is hereby reserved on the propert}, described in Section 1, above, and such water line easement is reserved and retained with the right of ingress and egress at all times for such purpose, and a water line easement is also reserved for any and all existing water pipelines within said property together with all rights appurtenant to the continuation of such use. 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, 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. AND IT IS SO ORDERED. Passed by the City Council on first reading on February 27, 2014__ _ Passed by the City Council on second reading on _ March 13, 20 GLE/ROBFRTSON, MAYOR ATTEST: Rebe ca Garza, City Secre ary APPROVED AS 'I'O CONTENT: 2 -- !J �`' Dave Booher, Right -of -Way Agent APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney ccdocs A&C- Section 36, Block AK.ord 2.03.14 BACU6ENGINEERING SURVEYING 2737 81ST STREET LUBBOCK, TEXAS 79423 (806) 745-7670 iiE EXHIBIT "Count on it" FIELD NOTES on a 3000 square feet tract out of the tract described in Volume 8631, Page 306, Lubbock County Official Public Records and out of Section 36, Block AK, Lubbock County, Texas and out of the 2.755 acre tract described in Lubbock County Clerk File # 2012043116, being further described by metes and bounds as follows: BEGINNING at a set 1/2" rod with stainless steel cap marked Abacus Engineering RPLS 4460 for the Southwest corner of the 2.755 acre tract and the Southwest corner of this tract whence the Southwest corner of Section 36, Block AK bears N 88°1018" W (Texas North Central Zone Bearing Basis), 681.96 feet and S 01°44'49" W, 689.41 feet; THENCE N 01 °49'42" E, 10 feet to the Northwest corner of this tract; THENCE S 88010'18" E, 300 feet to the Northeast corner of this tract; THENCE S 01 049'42" W, 10 feet to a set 1/2" rod with stainless steel cap marked Abacus Engineering RPLS 4460 for the Southeast corner of this tract; THENCE N 88010'18" W, along the South line of the 2.755 acre tract, 300 feet to the Place of Beginning and containing 3000 square feet including any Right of Way. . 1 i December 7, 2012 J. M . Cieszinski, RPLS # 4460