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Home My WebLink AboutOrdinance - 2014-O0028 - Abandoing/Closing Section 18 Block E-2 - 03/13/2014First Reading Second Reading February 27, 2014 March 13, 2014 Item No. 5.15 Item No. 5.8 ORDINANCE NO. 2014-00028 AN ORDINANCE ABANDONING AND CLOSING A DRAINAGE EASEMENT, LOCATED IN SECTION 18, 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 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 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 [lie 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 Passed by the City Council on second reading on March 13 61:E ROBERTSON, MAYOR 2014. 2014. ATTEST: Rebec a Garza, City Secre ary APPROVED AS TO CONTENT: !j C Dave Booher, Right -of -Way Agent APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney A&C-Easements-Section 18 Block E-2.ord 01.15.2014 7It T Atter Rhcording Return To: Coldwell Banker Commercial, 4924 S. Loop 289. Lubbeck,Texas 79414 Attn: Scott Womack 22081 pp VOL 9889"0410 DEDICATION OF DRAINAGE EASEMENT DANBE PARTNERS, LTD., a Texas limited partnership ("Owner") is the owner of the following tract of land located in the City of Lubbock, Lubbock County, Texas, said tract being more particularly described as follows: METES AND BOUNDS DESCRIPTION for a drainage easement being a portion of a 14.25 acre tract located in Section 18, Block E-2, Lubbock County, Texas, said easement being further described as follows: BEGINNING at a point in the West line of 1.76 acre tract from which a 1/2" iron rod with cap found at the Southwest comer of said 1.76 acre tract bears S. 00°0147" W. a distance ot'59.25 feet, for the Southeast comer of this tract, which bears S. 00°00'51" E. a distance of 275.00 feet and S. 89°59 32" W. a distance of 499.07 Icet from the Northeast corner of' said Section 18; THENCE S. 89059'32" W. a distance of 20.00 feet to a point for the Southwest comer of this tract; THENCE N. 00°01'47" E. a distance of 219.80 feet to a point in the South right-of-way line of 82nd Street for the Northwest corner of this tract; THENCE S. 87008'02" E. a distance of 20.02 feet to a 1/2" iron rod with cap found at the Northwest comer of said 1.76 acre tract for the Northeast comer ofthis tract; THENCE S. 00001'47" W., along the West line of said 1.76 acre tract a distance of 218.80 feet to the Point of Beginning. Contains: 4385 square feet or 0.10 t of an acre Inconsideration of the benefits to be derived by its remaining property in the vicinity, Owner hereby dedicates the above-described property to the PUBLIC for PUBLIC USE forever as a drainage easement. Owner reserves the right to use the above-described property for any purpose which va( 9889"GE111 does not unreasonably and adversely interfere with the use of such property for the purposes stated herein. If any person, in connection with the use of any of the easements dedicated herein, shall damage or destroy any paved parking, landscaping, irrigation systems or other improvements installed on the above-described property by Owner, its successors, legal representatives or assigns, such person, at its expense, promptly shall repair and replace such damaged or destroyed improvements so that the same are in as good a condition as they were in prior to the damage or destruction. AMERICAN BANK OF COMMERCE, holder of a lien of record against the above- described property, joins in this dedication for the sole purpose of consenting thereto and subordinating its rights in the above-described property to the dedications contained herein. EXECUTED as of the 26 day of January, 2005. OWNER: DANBE PROPERTIES. LTD., Texas limited partnership By: DEASIS MANAGEMENT CORP., a Texas corporation. General Partner By: V Jose D. DeAsis, President LENDER: AMERICA BANK O COMMERCE Printed Name: Title: s� -2- 1 &RWXnI L"a"I" Fa 12 mW VOL 9889ncF112 THE STATE OF TEXAS § COUNTY OF LUBBOCK § The foregoing instrument w acknowled ed before me on the oU� da of txk , 2005, by VGokE IElC3c.TJ �sTAr.,T /CE 1H ofAMERICA'N BANK OF COMMERCE, a banking corporation, on behalfof said banking corporation. -_LYN G. NICHOLSON ' ,•,u, rok 'i - of Texas W,sp• E, B:aaw Notary P lic, State of Texa Printed Name 1C*kLr101-" Commission Expires 2µ-o7' SEAL THE STATE OF TEXAS § COUNTY OF LUBBOCK § The foregoing instrument was acknowledged before me on the '2 LP day of 2005, by Jose D. DeAsis, President of DEASIS MANAGEMENT CORP., a'Texas c&poration, on behalf of said corporation as General Partner of DANBE PROPERTIES, LTD., Texas limited partnership, on behalf of said limited partnership. SEAL Notary Public, State oflexas =c_ BETHL TRENNEPOHL Printed Name: Rrth L • Trcnrupohl Yt IWAAI'MXISTATEpfMU aoa■ MON EXPIRES: Commission Expires 21a/08 FEBRUARY 3. 2008 iU"J5 Jul,! -9 Kl I I I: I B ::ilY C.l. •� •f•.•-•� �n••fTY. TCXt.; 1 vitkwxf kuw lha E —4 .y 11 oiAlh 01. 1EXAb COUNTY OF LUBBOCK 1 Nareoy taNly mat mrs nsuumanf w FILED on flle dsle and 0 IM "a sumpW rwweo h me anti WAR Ay RECORDED en me Volume and Pape of me OMcw PUDW \ Records of L,ODoU County. Texas as aumW harem W ar JUN 9 2005 g.. -:v - COUNTY 3- , ,