HomeMy WebLinkAboutOrdinance - 2020-O0106 - Abandoning and Closing a 50 ft wide Temporary Drainage Easement, 7726 Milwaukee Ave. (2)First Reading Second Reading �N
August 11, 2020 C0 a A,to August 25, 2020 w
Item No. 7.5 Item No. 7.5 m
m
ORDINANCE NO.2020-00106 =
AN ORDINANCE ABANDONING AND CLOSING A TEMPORARY DRAINAGE
EASEMENT, LOCATED IN SECTION 30, BLOCK AK, LUBBOCK COUNTY, TEXAS,
WHICH IS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS %F=
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 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; 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 the 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 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 1 lth___ day of August 2020.
Passed by the City Council on second reading thi�25th day of August 2020.
�'l k�'
DANIEL M. POP , MAYOR
ATTEST: C% ..
Re�gc Craza; � ity ecrie�
APPROVED AS TO -SON'
Michael Keenum, P.E., Division Director of Engineering/City Engineer
APPROVED AS TO FORM:
Ry Bro e, ssi ant City Attorney
Ord.A>emp, Drainage Easement -Section 30 Block AK
5.21.20
16006 —
MEAND REtANN10
EDWC111-0•11! M1C rs��ee��
WL 9805PACE132
TEMPORARY
DRA1RXGrTX=ENT
THE STATE OF TEXAS : '$ '
COUNTY OF LUBBOCK- KNOW ALL MEN BY THESE PRESENTS:
'� §"
THAT MILWAUKEE,' LTD„ 'e Texas limited paroershlp, Herein called
"GRANTOR", for and in consideration of the sum of TEN AND NOI100 DOLLARS (SL0.00) to
GRANTOR in hand paid by the CITY OF LUBBOCK, a Home Rule Municipal Corporation of
Lubbock County, Texas, the receipt and sufficiency of which is hereby acknowledged and
confessed, and for thc further good and valuable consideration in benefits nccruing and to scene,
to the remainder of GRANTOR's property, hasby'these presents, GRANTED, BARGAINED, '
SOLD and CONVEYED and by these pfescnls does GRANT, BARGAIN; SELL and CONVEY
unto Die CITY.OF LUBBOCK, its legal represunativa, successor and assign, for the use of
the public as a temporary drainage easement. the.frcc and uninterrupted use, liberty of passage in,
on, oton., over, -upon, under, and across all that property lying and being situated in Lubbock
. County, Texas, and being mart particularly described m the attached Exhibits "A" and "B".
SO LONG AS the CITY OF WB60CK continues to use said property for the purposes
herein stated, said casement includes, but is not limited to, the free and unimemupted use, liberty "
and privilege of passage in, along, over, across, under; upon and against the above described land
for Ibc purpose or constructing. reconstructing, maintaining, repairing, cleaning and clearing said
premises far the fore and unobstructed dmiwgc of surface water; together with the right of
ingress, egress and regress for such purposes in, on, along, through and across all'property above
descrbal.
It is hereby covenanted and speed that the CITY OF LUBBOCK retains and reserves the
right to act and determine the drainage grade and direction of flow of surface waters an ilia real
estate above described. It is also understood that the GRANTOR will main responsibility for
normal maintenance of the cosemall area, such.as the mowing of weeds or grass. However, the
city agrees to repair, maintain, and Smile problems associated with the erosion of this temporary
drainage easement.
TO HAVE AND TO HOLD the above described prcanises together with all and singular
the rights and appurtenances thereto In anywise belonging temporarily unto the CITY OF
LUBBOCK. Said cmcnant herein granted is for temporary purposes onlyy GRANTOR hereby
grants this comment with the understanding that the CITY OF LUBBOCKwill bear, all costs
m associated with the caseen closure when GRANTOR requests such closum tither through
platting or development of his property on which the casement is located.
WITNESS THE EXECUTION. OF THIS INSTRUMENT this �'Bl'f day of
1/ . 2005.
MILWAUKEE, LTD., o Texas limited partnership
By: GEORGE McMAHAN DEVELOPMENT,
LLC, its General
/hPartner
ULUXUI, MAMAHAN, Munger
163
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THE STATE OF TEXAS § I
COUNTY OF LUBBOCK §
BEFORE ME, the undcrsiped authority. a Notary Public in and rorsaid County, Texas,
on this day personalty appeared GEORGE WMAHAN, known to me to be the person whose i
name is subscribed to the foregoing instrument and acknowledged to me that he executed the r
same for the purposes and cobsideration therein expressed and as act and deed orsaid i
MILNYAUKEE, LTD.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this:' Z P day of��, 2003.
Caw k SOONER' olmy Public n an or the State o Texas
• SEALr(SNotirl Bc, SbKe cITuas `
"'t;oarratutoa t�lrss
t2•ts-20os My Commission Expires•G_� l
gslc1rya1trr=Pbr47IN irage 6cmezu Milw9liiree. t1i• r
A1xi120, 2005
f
TEMPORARY DRAMAGE EASEMENT
M1LWAUKEE, LTD. !
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HUGO REED AND ASSOCIATES, INC.
• 160tAwavoM1Lvbba66Tix4r70101190ER03.60121FAxt101rJMF91'
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I_ANOSURVEYORS 'EXHIBIT " A "
'
CIVIL ,ENGINEERS -
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METES AND BOUNDS DESCRIPTION of a 0.5512 acre tract being a proposed drainage easement
located in Section 30, Block AK, Lubbock County, Texas, being further described as follows:
BEGINNING at 112" iron rod with epp set for the Southeast corner of this tract which bears
N. 01*5210" E. a distance of 901.69 feet and N. 88'07'50" W. a distance of 55.00,fce4 from an''X"
chiseled on concrete found at the Southeast coiner of said Section 30;
THENCE N. 88'07150" 1V., a distance of 269.80 feet to a 112" Iron rod with cap set fora comer of this
tract;
THENCE S. 46'S2'10" W., a distance of 189.64 feet to a 112" iron rod with cap set for the Southwest
comer of this tract;
' THENCE N. 43.07'50" W.. a distance of 50.00 feet to a In" iron rod with cap set for the Northwest
comer of this tract;
.
THENCE N. 46052'10" E., a distance of 210.36 feet to a 1/2" iron rod with cap set for a comer ofthis
.
tract;
THENCE S. 88'07'SO" E., a distance of 290.51 feet to a 1/2" iron rod with cap set foi the Northeast comer
of this tract;
THENCE S. 01052'10" W a distance of SOM feet to the Point of Beginning.
Bearings relative to Texas Coordinate System, NAD 83. (CORS96)
Distances are surface. U.S. Survey Feet.
'
I
April 8, 2005
'
SEAL .: � d
Robert A. Christopher 4P
Registered Professional Land Surveyor No. 5167
Licensed State Land Surveyor
State of Texas
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HUGO REED AND ASSOCIATES, INC.'
•:801AvarwaN/LvOpoek'r�tt�7W01JlOiJ1r63•S!•i�fFAxiOdlrp•Swf �; ,
LAND SURVEYORS EXHIBIT " 8
' CIVIL ENGINEERS
METES AND BOUNDS DESCRIPTION of a 5.066 acre tract being a proposed drainage easement
located in Section 30, Block Air, Lubbock County, Texas, being further described as follows: ;
BEGINNING at 12" iron rod with cap set for the Northeast comerofthis tract which bears !
S. 01 *52'10"• W. a distance of 1,673.67 Feet and N. 88107'50" W a distance of $5.00 feet from a 12" iron
rod found at the Northeast comer ofsaid Section 30; '
THENCE S. 01.52'10" W. a distance of 1,089.03 fat to a l2" iron rod with cap set for the most Easterly
Southeast comer of this tract;• -
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THENCE S. 46.52'10" W., a distance bf21.21 feet, to a l2" iron rod with cap set for the most Scuthcrly
Southeast comer of this tract; y
THENCE N. 88°07'S0" W., a distance of I85.00 feet to a 1/2" iron rod with cap set for the Southwest
comer of this tract; i
THENCE N. 01952'10" E., o distance of L,104.03 fat to a 1/2" iron rod with cap set*foi the Northwest i
comer o f this tract; ,
THENCE S. 88°07'50" E., a distance of 200.00 feet to the Point of Beginning.
Bearings relative to Texas Coordinate System, NAD 83, (CORS96)
Distances are surface, U.S. Survey Feet. I
April S. 2005
i
SEAL
Robert A. Christopher
Registered Professional Land Surveyor No, 5167
Licensed St;te Land Surveyor
State ofTexas %
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SfAM OF IEXAS i
COUNTY OF LUBBOCK
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Proposed Closure of a 50' Wide Temporary Drainage Easement
(V9805 P132) Located West of Milwaukee Ave. and South of Tract D,
Playa Vista Addition in Section 30, Block AK, Lubbock County
- - HEPF
00,; Stormwater Storage and
st Drainage Easement to Remain
Open (2017022953)
Feet
0 50 100 200 300 400
Isreq�reaaycwz..uf, Geosprm DE] amrsa-e a'arrtRvaCoae. ns>odx: sb--famaronalpjposes
WMy=hie aee7 xepieE#am wImeia ego, e-greeFg, arvmeyigpjp 'Oo=s rq!rmie�ls
DTTeyOfq 9ltej aAfeaes°TS aA'Te aao L'vYre S"R >)GTJOfIa(lOWfj aDJ'GTes
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Proposed Closure of a
50' Drainage Easement
�* rr3' Ld (V9805 P132)
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T.- a1F ?I 6->t. I �Dtivl Oxihopino xaphy Jan Clc.
LubbockTO.,
FILED AND RECORDED
OFFICIAL PUBLiC RECORDS
Kelly Pinion County Clerk
09//02 2020u01:S9 EXyS
20200386
06