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HomeMy WebLinkAboutOrdinance - 2014-O0036 - Abandoning/Closing - Section 36 Block AK - 03/27/2014First Reading Second Reading March 13, 2014 March 27, 2014 Item No. 5.11 ORDINANCE NO. 2014-00036 Item No. 5.15 AN ORDINANCE ABANDONING AND CLOSING TWO 10 -FOOT UNDERGROUND UTILITY EASEMENTS LOCATED IN SECTION 36, BLOCK AK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; RESERVING A WATER LINE EASEMENT; 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 two 10 -foot underground utility easements as hereinafter described in the body of this Ordinance are 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 easement which is hereby expressly reserved; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the two 10 -foot underground utility easements as hereinafter described shall BE and the same are hereby closed, vacated and abandoned for easement purposes and for public use, such easement portions being more particularly described as Exhibit "A" and "B". SECTION 2. THAT a water line easement is hereby reserved on the property 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. 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 March 13, 2014 Passed by the City Council on second reading on March 27, 2014 — - " Z,- -; 4Z GL C. ROBE SON, MAYOR ATTEST: '5K Rebe ca Garza, City Secret APPROVED AS TO CONTENT: Dave Booher, Right -of -Way Agent APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney ccdocs A&C-Section 36,BIk AK.ord 2.4.14 ASACJoS ENGINEERING SURVEYING 2737 81 ST STREET LUBBOCK, TEXAS 79423 (806) 745-7670 21 EXHIBIT "Count on it" „ f FIELD NOTES on a 4000 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, being further described by metes and bounds as follows: BEGINNING at a found 1/2" rod with stainless steel cap marked Abacus Engineering RPLS 4460 for the Southwest corner of the 2.755 acre tract described in Lubbock County Clerk File # 2012043116, and the Southeast corner of this tract whence the Southwest corner of Section 36, Block AK bears N 88°10'18" W (Texas North Central Zone Bearing Basis), 681.96 feet and S 01 04449" W, 689.41 feet; THENCE N 88°1018" W. 10 feet to the Southwest corner of this tract; THENCE N 01 049'42" E, 400 feet to the Northwest corner of this tract; THENCE S 8801018" E, 10 feet to a found 1/2" rod with stainless steel cap for the Northeast corner of this tract; THENCE S 01 049'42" W, along the West line of the 2.755 acre tract 400 feet to the Place of Beginning and containing 4000 square feet including any Right of Way. December 7, 2012 J. M. Cieszinski, RPLS # 4460 NGINEERING ABACU6 E SURVEYING 2737 81ST STREET LUBBOCK, TEXAS 79423 (806) 745-7670 9- B EXHIBIT "Count on it" 11 i 6 el I FIELD NOTES on a 0.359 acre 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 being further described by metes and bounds as follows: BEGINNING at a found 1/2" rod with stainless steel cap marked Abacus Engineering RPLS 4460 for the Southeast corner of the 2.755 acre tract described in Lubbock County Clerk File # 2012043116, and the Southwest corner of this tract whence the Southwest corner of Section 36, Block AK bears N 880 10'18" W (Texas North Central Zone Bearing Basis), 981.96 feet and S 01 044'49" W. 689.41 feet; THENCE N 01'49'42" E, with the East line of the 2.755 acre tract, 10 feet to a corner of this tract; THENCE S 88010'18" E, 720.98 feet to a corner of this tract; THENCE N 01050'33" E, 838.30 feet to a corner of this tract; THENCE S 43011'41" E, 14.14 feet to point in the West line of proposed Justice Avenue for the Northeast corner of this tract; THENCE S 01050'33" W. 838.31 feet to a set 1/2" rod with stainless steel cap at the Northeast corner of a 12.05 acre tract; THENCE N 88010'18" W, with the North line of the 12.05 acre tract, 730.98 feet to the PLACE of BEGINNING containing 0.359 Acres including any Right of Way. December 7, 2012 J. M. Cieszinski, RPLS # 4460 JJ11 CA SiINSKi.. .......... ............... \b?y'Yr�' °jj•� `'y0