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Home My WebLink AboutOrdinance - 2020-O0046 - Abandoning and Closing a 20 foot wide alley, 705 North KnoxvilleFirst Reading + t--,R,'l,Second Reading r March 24, 2020September 8, 2020Re Item No. 7.6 Item No. 7.20 Z w ■ mw ORDINANCE NO. 2020-00046 N AN ORDINANCE ABANDONING AND CLOSING A 20-FOOT WIDE ALLEY, LOCATED ADJACENT TO LOT 1, EDWARDS & REED ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, WHICH IS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; RESERVING A UTILITY EASEMENT; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING AND RESERVATION; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. WHEREAS, the City Council finds that the alley hereinafter described in the body of this Ordinance is no longer needed for alley purposes and for public use; and it would be in the public interest to close, vacate and abandon the same for alley purposes and for public use; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the alley as hereinafter described shall BE and the same is hereby closed, vacated and abandoned for alley purposes and for public use, such alley being more particularly described in the attached Exhibit "A." SECTION 2. THAT an easement is hereby reserved on the property described in Section 1, above, and such easement is reserved and retained for utility easement purposes with the right of ingress and egress at all times for such purpose, and an easement is also reserved for any and all existing pipelines or other utilities within said property together with all rights appurtenant to the continuation of such utilities. 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 and easement reservation, 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 this 24_ th day of March , 2020. 8th September Passed by the City Council on second reading this day of , 2020. 4 DANIEL M. POPE, MAYOR APPROVED. AS TO CONTENT: Michael Keenum, P.E., Division Director of Engineering/City Engineer APPROVED AS TO FORM: Ry ro e, Ass' ant City Attorney A&C-20-foot Alley -Edwards & Reed Addition 3.9,20 L a'r 1 EDWARDS a REED ADDITION To To clxr or IMF L DWI00am, rfcu NOT SuaQ, NM it malanr now Sb Ucna of buildlam shell be elevation of 126.60 Ibet -oifr data a }0 J m J �Q ti my l m bb N a s S e-"m k o 0 Ertsw-INM S-r (PSewo�.+ oee) u �u 4/07- O S L�� V' It rr AQ. I ! " e 4 7yyQ W n� J �C]1ZCtiiAnA i S-r- Fia...vv Lunde. IKO>cA.lm F I.OT LI MgTS. Ve peJ ow All Geartams . 13PR ALL W n BY TWO i'f URTMi That I. fto Reed. Licensed sae--ycr. do larebr osr:ify that I Fayarad this put frMAn aelllvl a-d —on-aft Bvrwq of the land and that Un awmr viasmats shop* therem rere Psawlj placed under ar persamal superrislm in aoowdkww with the 6abdltlslcn Re6u]ativos of tLs City S Iubbook. #see. IASROL, VKUd APPROM BU04A DAY OP MAY . IM sT TR$ CITY Pi,ANMM COlR4i8I� sRs CUT or Rj „ c� APFBMM c 11Ar 1 *' N Ikoo I 14 � 4W V4 FILED AND RECORDED OFFICIAL PUBLIC RECORDS G Kelly Pinion Countyy Clerk Lubbock Coun�y TEXAS 89/10/2020 M iS PM 2020339839 Q ,. -4 `� L k Ccr� 2020040663 S PGS EASE ■III ml N NYA VV Wo MI fir. h� 11111 UNDERGROUND UTILITY EASEMENT THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS COUNTY OF LUBBOCK § That TEXAS TECH UNIVERSITY, a component of the Texas Tech University System, herein called "Grantor", for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration to Grantor in hand paid by the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, of Lubbock County, Texas, the receipt and sufficiency of which is'hereby acknowledged and confessed, and for the further benefits accruing and to accrue to the remainder of Grantor's property, has by these presents GRANTED, BARGAINED, SOLD and CONVEYED, and by these presents does GRANT, BARGAIN, SELL and CONVEY unto the CITY OF LUBBOCK, TEXAS, its respective representatives, franchisees, licensees, agents, contractors, successors and assigns (herein "Permitted Users"), for the use of the public as perpetual and permanent underground utilities easement, the free and uninterrupted use, liberty of passage in, along, on, over, upon, under and across the tract of land more particularly described in the attached Exhibit "A". This easement being further GRANTED, BARGAINED, SOLD and CONVEYED together with all rights of ingress, egress and regress at any and all times to accomplish the following purposes: allowing underground utility access, including but not limited to, constructing, reconstructing, repairing and perpetually maintaining any and all types of underground water lines, sewer lines, gas pipe lines, telephone and telecommunication lines, electric transmission lines and any other type of underground public utility, whether named herein or not, which easement includes at all times and seasons the right of ingress, egress and regress of motor vehicles and personnel engaged either in such construction and repair of the reading of meters. The easement herein shall entitle utility companies to the right to remove or repair any lines within such easement as may be determined by utility companies. In order to assure the said CITY OF LUBBOCK, TEXAS and Permitted Users, its successors and assigns, of continuing access and enjoyment of said easement, the said Grantor does hereby expressly agree not to erect, build, or otherwise allow to be constructed any building or like permanent structure over the said property heretofore described and should such building or structure be erected, it is understood that the said CITY OF LUBBOCK, TEXAS and Permitted users shall have the right to remove said building or structure from the premises. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging perpetually unto the CITY OF LUBBOCK, TEXAS and Permitted Users, their respective successors and assigns, and any and all public utilities now or hereafter franchised by the CITY OF LUBBOCK, TEXAS to use the above described premises for so long as the public uses the same for the purposes herein granted. WITNESS THE EXECUTION OF THIS INSTRUMENT this the day of TEXAS TECH UNIVERSITY, a component of Print: L-Awrvve, ocAevQAlez.- Title: PrtSideAf- THE STATE OF TEXAS BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared Luria S&()-V&' AW- known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration herein expressed and in the capacity herein stated as the act and deed of said Texas Tech University, a component of the Texas Tech System. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 13 t day of 20,ao Notary Public in and for the State of Texas ��n'rP°��'•,,� RACHEL G. A Notary Public, StTexass';.,,,,�-' My Commission Expires:?�f:`� :NH Comm. Expires 02021E''n�°;�►��`�� Notary ID 129-4 HUGO REED AND A880CIATE8, INC. 1601 AVENUE N I LUBBOCK, TEXAS 79401 1 8061763-6042 1 FAX 8061763-3001 TEXAS REGISTERED ENGINEERING FIRM F-760 FYMIRIT 0 TEXAS LICENSED SURVEYING FIRM 100676.00 METES AND BOUNDS DESCRIPTION of a 0.061-acre tract located in Lot 1, Edwards & Reed Addition, to the City of Lubbock, Lubbock County, Texas, according to the map, plat, and/or dedication deed thereof recorded in Volume 851, Page 25, Deed Records of Lubbock County, said 0.061-acre tract being further described as follows; BEGINNING at the Northeast corner of this tract which bears S. 01,053'07" W. a distance of 266.57 feet from the Northeast corner of said Lot 1; L1 - THENCE S. 01053'07" W., along the West right-of-way line of Knoxville Avenue and the East line of said Lot I a distance of 20.00 feet to an 80d nail set for the Southeast comer of this tract; L2 - THENCE N. 88017'35" W. a distance of 114.68 feet to an 80d nail set for a comer of this tract; L3 - THENCE S. 01 042'24" W. a distance of 16.16 feet to an 80d nail set for a corner of this tract; L4 - THENCE N. 88017'36" W. a distance of 20.00 feet to an 80d nail set for a comer of this tract; L5 - THENCE N. 01 042'24" E. a distance of 26.16 feet to an 80d nail set for a comer of this tract; L6 - THENCE N. 46042'25" E. a distance of 14.14 to an 80d nail set for a corner of this tract; L7 - THENCE S. 88017'35" E. a distance of 124.75 feet to the Point of Beginning. Bearings relative to the Texas Coordinate System of 1983 (2011) Epoch 2010.0, North-Central Zone Distances and areas are surface, U.S. Survey Feet Surveyed on the ground, January 31, 2020 00:0Robert A. Christopher Registered Professional Land Surveyor No. 5167 Licensed State Land Surveyor State of Texas *A plat of even survey data accompanies this description herewith. EXHIBIT SHOWING 0.061 ACRE TRACT UTILITY EASEMENT LOCATED IN LOT 1 EDWARDS & REED ADDITION LUBBOCK COUNTY, TEXAS ACCORDING TO THE MAP, PLAT AND/OR DEDICATION DEED THEREOF RECORDED IN VOLUME 851, PAGE 25 DEED RECORDS OF LUBBOCK COUNTY, TEXAS azO GRAPHI ALE IN FEETJullull "• ' IV 0 10 PO 30 40 Go 100 LINE TABLE LINE NO. LENGTH 13EARMG LI 20.00 SOl° 53' 07'W L2 114.68 N889 17' 2d V L3 16.16 SOI° 42' 24'W L4 20 00 N8r 17 36"W L5 26.16 NOl° 42' 24'E L6 14.14 W466 42' et L7 124.75 S88° 17' 35"E SURVEYED ON THE GROUND. JANUARY 31. 2020 ROBERT A. diPoSTOPHER REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5167 LICENSED STATE LAND SURVEYOR STATE OF TEXAS NOTES: *A LEGAL DESCRIP11M OF EVEN SURVEY DATE ACCOMPANIES THIS PLA HERE WITH. BEARINGS RELATIVE TO GRID NORTH. TEXAS COORDINATE SYSTEM OF 1983 (2011) EPOCH 2010A NORTH -CENTRAL ZONE. DISTANCES ARE SURFACE, U.S. SURVEY FEET. •-Sod NAIL SET ON THIS SURVEY 191786/AC NORTHEAST CORNM OF LOT 1. EDWARDS d REED ADDITION LOTI EDWAWS 61 AEED c�Hr 'W* Point of Beginninix: S. 01°53'07" W. 266.57' From NE Comer Lot 1, Edwards and Reed Addition, Lubbock County, Texas Poo UTILIITTYEASEME T J Q gse LQ J 1 COPYRIGHT 2020 HUGO REED at ASSOCIATES. INC. FILED AND RECORDED OFFICIAL PUBLIC RECORDS Kelly Plnlon County Clerk Lubbock County TEXAS 09/15/2020 02N 3 PM FEE: g38.00 20201 40663