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HomeMy WebLinkAboutOrdinance - 2014-O0063 - Abandoning/Closing - Section 38 Block AK - 08/28/2014Fist Reading Second Readin April 24, 2014 August 28, 201 Item No. 5.10 ORDINANCE NO. 2014-00063 Item No. 5.5 AN ORDINANCE ABANDONING AND CLOSING A DRAINAGE EASEMENT LOCATED IN SECTION 38, BLOCK AK, LUBBOCK COUNTY, l EXAS 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 abandon the same; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF T] IF 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 casement being more particularly described as follows in 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 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 _April 24 , 2014. Passed by the City Council on second reading this _ August 28 , 2014. GLE WOBEIWITSO�N, MAYOR n 17'ES Rebectca Garza, City SecretarU APPROVED AS TO CONTENT: Dave Booher, Right -of -Way Agent PPROVED AS TO FORM: ;Chad Weaver, Assistant City Attorney A&C-Easements-Drainage Easement Section 38, Block AK.ord �'I3,27.14 1 \ � V � � '�\ =� I� �r ._ S: - .., I� `�' EXHIBIT DED 2001046419 ,IIIIIIIIIIIIIIII 3 PGS CITY OF WBBOCK PLANNING DEPARTMENT DEDICATION OF P.O. BOX 2000 DRAINAGE EASEMENT WBBOCK, TEXAS 79457 RAIDER RANCH, LP, a Texas limited partnership ("Owner") is the owner of a tract ofland (the "Property's moreparticularly described in Exhibit "A" attachedhereto andmade a part hereof for all purposes. In consideration ofthe benefits to be derived by its remainingproperty in the vicinity, Owner hereby dedicates the Property to the PUBLIC as a drainage easement. Owner reserves the right to use the Property for any purpose which does not unreasonably and adversely interfere with the use of the Property for the purposes stated herein. If any person, in connection with the use of the easement dedicated herein, shall damage or destroyanypaved parking, landscaping, irrigation systems mother improvements installed on the Property by Owner or 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. NEW SOUTH FEDERAL SAVINGS BANK ("Lender"), holder of a lien or liens of record against the Property, joins in this dedication for the sole purpose of consenting thereto and subordinating its rights in the Property to the dedications contained herein. EXECUTEDasofthe 6�tdayof NpyEMOM 2007. OWNER: RAIDER RANCH, LP, a Texas limited partnership By: RAIDER RANCH GP, LLC, a Texas limited liability company, General Partner PrintedNfd •ISeIfE SSCKti—' Title: 41AA1,4 L LENDER: NEW SOUTH FEDERAL SAVINGS BANK THE STATE OF TEXAS COUNTY OF LUBBOCK The foregoing instr unent was acknowledged before me on the` day of 2007, by ��� as of RAIDER RANT GP, LLC, a Texas limited liability company, General Pahher of RAIDER RANCH, LP, a Texas limited partnership. �,.., SUSANNA ENABNI1 ? Notary Pubric. Stats of Taxes My Comffm,on Expires N July 31. 2011 THE STATE OF Q (aWfY& § COUNTY OA Te- A_ § Notary Public, State of Texas �� Printed Name: 9 -AA A My commission expires: =Z 1 1311t The foregoing instrument Mas acknowledged before me on the Vk day of (V0v2.NVlh?A__ , 2007, by PJI 7�). Q U a)kbe 5 --Exec, tl, ofNEW SOUTH FEDERAL SAVINGS BANK. (J Notary Public, S�t�teu P. C f r Printed Name, v (( [( Commission Expires (0_120-1 Page 2 uAn SACU&ENGINEERING SURVEYING 2737 81ST STREET LUBBOCK, TEXAS 79423 (806) 745-7670 "Count on it" Drainage Easement FIELD NOTES on a drainage easement shown on the proposed Plat of Tract B. Raider Ranch Addition to the City of Lubbock, Lubbock County, Texas, a 6.765 acre tract out of Section 38, Block AK. Lubbock County, Texas, and being out of the 32.090 acre tract described in Lubbock County Clerk File 2007000019, being further described by metes and bounds as follows• BEGINNING at a point in the North line of the 32.090 acre parent tract which bears South, 1812.83 feet and West, 1000.89 feet from the Northeast comer of Section 38, Block AK; THENCE S00"00'47" W. 295.09 feet, THENCE S61.5814- E. 167.48 feet, THENCE S03048'51" E. 75.17 feet to a set 112" rod with cap marked RPLS 4460 m a Northerly line of proposed Tract B, Raider Ranch Addition; THENCE S63040'20" W. with a Northerly line of said Tract B,19.20 feet to a set 112" rod with cap; THENCE N7200523" W. with a Northerly line of said Tract B. 275.80 feet. THENCE N18033'54" E. 45.60 feet; THENCE N67"26"M E. 8911 feet, THENCE NDOW47" E. 295.08 feet; THENCE East, along the North Irne of the said 32.090 acre Parent Tract, 30 00 feet to the PLACE of BEGINNING and containing 0.790 Acres, including any Right of Way. These Notes are based on a Survey Made on the Ground and shown on the proposed Plat of Tract B. Raider Ranch Addition Jonathan M. Ciesanskl RPLS # 4460 October 26.2007 rrFILED AND RECORDED OFFICIAL PUBLIC RECORDS 6 Kelly Pinlon, County Clark Lubbock County TEXAS November 20, 2007 02:48:05 PM FEE: $24.00 2007046419 Proposed Closing of a Drainage Easement Located Adjacent to'l'acts B & C, Raider Ranch Addition, Section 38, Block AK UNSueBNmEB Drainage Easement to be Closed UNSUBmvmEB TRC UNSUBDIVIBEU Feet 0 50 100 200 300 400 ��I�� City of Mreguiretlby SECTION1.CMpter2M1,SUBCHAPfrR0.GEOSPATNLBATAPROOUCTSofte Omremment Cotle,the Ciryef Lubb:Mrebypmvitlas,:@ Dat Ne Eats on Namapv25oreak0 by Ne CSy of lubMM.Any tlaU Net appears lorepreaenlpmpeM bountleriea islor inbmalional Durposes ant may no thaw heenpre"notr. to Lubbock mAeGe hrlegal,engineehng, or suneym proWes. 11 tloes nol represent an omNalrowd sunryaM represents only tM approsimete relative lorrann Oproper"MuMatles. TEXAS