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Home My WebLink AboutOrdinance - 2016-O0087 - Closing Drainage Easement - 06/23/2016First Reading May 26,2016 Item No.5.10 COUNTER FILING ORDINANCE NO.2016-O0087 Second Reading June 23.2016 Item No.5.5 AN ORDINANCE ABANDONING AND CLOSING A DRAINAGE EASEMENT LOCATED IN SECTION 38, BLOCK AK, LUBBOCK COUNTY, TEXAS AND MORE PARTICULARLY DESCRIBED IN THE BODY OF TFIIS 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 THE CITY OF LUBBOCK: SECTION 1.TFIAT 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 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 May 26 Passedby the City Councilon secondreadingthis june 23 DANIEL M.POPE.MAYOR ,2016. .2016. ATTi,S : Re ca GArza. Citi SeFr APPROVED AS T0-CO-WENT: Dave Booher, Right -of -Way Agent APPROVE AS TO FORM: Chad Weaver, City Attorney A&C-Ord.DE-Section 38,BIock AK 4.12.16 6310 Genoa Ave. Suite A, Lubbock TX. 79424 Phone: 806-687-1569 Fax: 806-702-8995 Texas Firm Registration No. 10087500 E-mail: stevenssurvey@hotmail.com norris@stevenssuNey.com A DRAINAGE EASEMENT LOCATED IN SECTION 38, BLOCK All, LUBBOCK COUNTY, TEXAS A DRAINAGE EASEMENT, 64 FEET IN WIDTH AND 200 FEET IN LENGTH, PREVIOUSLY DESCRIBED IN A DEDICATION OF EASEMENTS, EXHIBIT "A-2", RECORDED IN COUNTY CLERK'S FILE NUMBER 2007046416 OF THE OFFICIAL PUBLIC RECORDS OF LUBBOCK COUNTY, TEXAS, LOCATED IN THE NORTHEAST QUARTER OF SECTION 38, BLOCK AK, LUBBOCK COUNTY, TEXAS, AND SITUATED WITHIN TRACT 12, LOWERY SUBDIVISION, A SUBDIVISION IN LUBBOCK COUNTY, TEXAS, ACCORDING TO THE MAP, PLAT AND/OR DEDICATION DEED THEREOF RECORDED IN VOLUME 107 PAGE 302 OF THE DEED RECORDS OF LUBBOCK COUNTY, TEXAS, AND BEING A PORTION OF THAT CERTAIN 27.588 ACRE TRACT OF LAND CONVEYED TO REAL PROPERTY RESOURCES, INC. IN A WARRANTY DEED RECORDED IN COUNTY CLERK'S FILE NUMBER 2014013562 OF THE OFFICIAL PUBLIC RECORDS OF LUBBOCK COUNTY, TEXAS, SAID DRAINAGE EASEMENT BEING FURTHER DESCRIBED BY METES AND BOUNDS AS FOLLOWS; BEGINNING AT A 1/2" IRON ROD WITH A CAP MARKED "STEVENS RPLS 4339" FOUND AT THE NORTHWEST TERMINUS OF PRIMROSE AVENUE AND THE NORTHWEST CORNER OF THE PLAT LIMITS OF LOT 1, RAIDER RANCH ASSISTED LIVING CENTER, AN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, ACCORDING TO THE MAP, PLAT AND/OR DEDICATION DEED THEREOF RECORDED IN COUNTY CLERK'S PLAT AND DEDICATION NUMBER 2008002963 OF THE OFFICIAL PUBLIC RECORDS OF LUBBOCK COUNTY, TEXAS, FOR THE SOUTHWEST CORNER OF THIS EASEMENT AND HAVING COORDINATES OF NORTHING: 7,267,263.96 AND EASTING: 913,273.01, TEXAS COORDINATE SYSTEM OF 1983 (2011), TEXAS NORTH CENTRAL ZONE, WHENCE THE NORTHEAST CORNER OF SAID SECTION 38 BEARS NORTH A DISTANCE OF 1827.81 FEET AND EAST A DISTANCE OF 2278.07 FEET (PER CALLS IN PREVIOUS DEEDS) AND THE NORTHWEST CORNER OF SAID SECTION 38 BEARS N. 01- 58' 37" E. A DISTANCE OF 1827.55 FEET AND N. 880 01' 23" W. A DISTANCE OF 3001.99 FEET; THENCE N. 010 58' 37" E. A DISTANCE OF 200.00 FEET TO THE NORTHWEST CORNER OF THIS EASEMENT; THENCE S. 880 01' 23" E., AT A DISTANCE OF 7.88 FEET PASS THE WEST RIGHT-OF-WAY LINE OF (PROPOSED) PRIMROSE AVENUE, CONTINUING AT A DISTANCE OF 63.88 FEET PASS THE EAST RIGHT-OF-WAY LINE OF (PROPOSED) PRIMROSE AVENUE, CONTINUING FOR A TOTAL DISTANCE OF 64.00 FEET TO THE NORTHEAST CORNER OF THIS EASEMENT; THENCE S. 010 58' 37" W. A DISTANCE OF 200.00 FEET TO A 1/2" IRON ROD WITH A CAP MARKED "RPLS 4460" FOUND AT THE MOST WESTERLY NORTHWEST CORNER OF LOT 1 OF SAID RAIDER RANCH ASSISTED LIVING CENTER FOR THE SOUTHEAST CORNER OF THIS EASEMENT, SAME BEING THE NORTHEAST TERMINUS OF PRIMROSE AVENUE, AS DEDICATED WITH THE PLAT OF SAID RAIDER RANCH ASSISTED LIVING CENTER; THENCE N. 880 01' 23" W., ALONG THE NORTH LINE OF SAID PLAT LIMITS OF RAIDER RANCH ASSISTED LIVING CENTER, A DISTANCE OF 64.00 FEET TO THE POINT OF BEGINNING. BEARINGS ARE BASED ON THE TEXAS COORDINATE SYSTEM OF 1983 (2011), TEXAS NORTH CENTRAL ZONE, AS DETERMINED AT A REFERENCE POINT LOCATED AT LATITUDE: N. 33' 33' 35.91201" AND LONGITUDE: W. 101' 58' 00 26406". CONVERGENCE ANGLE TO GEODETIC BEARINGS IS -010 53' 27". DISTANCES ARE AT SURFACE. IN U.S. SURVEY FEET. 1, NORRIS STEVENS, REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT THIS DESCRIPTION WAS PREPARED FROM AN ACTUAL SURVEY OF THE PROPERTY AND THAT THE INFORMATION HEREON REPRESENTS THE FINDINGS OF THIS SURVEY TO THE BEST OF MY KNOWLEDGE AND BELIEF. SURVEYED MARCH 2, 2016 NORRIS STEVENS R.P.L.S. 4339 SURVEYOR'S REPORT: THIS SURVEY IS SUBJECT TO ANY FACTS THAT MAY BE DISCLOSED BY A FULL AND ACCURATE TITLE SEARCH. FOUND MONUMENTS ARE ACCEPTED AS CONTROLLING EVIDENCE DUE TO SUBSTANTIAL AGREEMENT WITH RECORD DOCUMENTS. 160136 DRE EXHIBIT "A" A 64' x 200' DRAINAGE EASEMENT LOCATED IN SECTION 38, BLOCK AK, Ll'BBOCK C01'NTI, TEXAS l Rd.r.. iFsVo I I r H/L WAUKEE FI➢➢rE <6 I I (TRADE S q.➢ voL. 6 2T�1, LOTS r./50) PG. I I I I I I 229 I I I J J --'------I-- 5Y BREST vOt (Se'a.o-W v➢t 102r1. PG Jni 'V_/- Sg01]JE SBe'OfiJ£310 M' 1'Pp� G 21.21' N<6.56'JTE '. NORTHING1.20T5.43'WwE. ,S.Y 'O.S I 52 EA6TING81 ],=]V2III 16 546�3'S9➢4'W _ I I� Ila � 4p LEGENO SCALE 1-=100' HEAVY LINES INDICATE UMITEOF SURVEY a- FOUND I? IRON ROD WITH CAP'RPLS 4MRT (PMROI Q=FOUND 107 IRON ROD WoR CM-STEVENS RPL5933V EMRDI Q=SET t? IRON RICO UT H CAP'STEVENS EELS 433W BEARINGS ME BASED ON ME TEAS COORDINATE SYSTEM, TARO ZONE 42@. NI (2011)M CETERMNED BY GIPS OBSERVATIONS AT A BASE PONT LOCATED AT LATITUDE N 33'3315.91IDi'MpLONGRUDE W.tOPY'WSWC6. CONVERGENCE ANGLE="'STCr COMBINED SCALE TACTOR =0 BSIOSTMCES SHONI HERE-0N ARE SURFACE DISTANCES I nc nun I "WEST CORNER OF SECTION 38 BLOCK AK BEARS N.01.58'37°E. 1827.55'& N.88'01'23°W. 3001,99'. NORTH: 7,267,263.96 EAST: 913.273.01 I �I BI »I I QI I h Il g'C 27508 ACRES b u _ IYAREM /NAl-/ ([T}' pObp(JJ6d O yV �w O Z� I I yW CV ➢ O O �a N? m �U V O EOOVEaNEgp IPANSMI55/ON I°0173'W. uNE EASEn<ENrvOL 1W2. PG rn I 2a I j I LOT, C8 I RAIDER RANCH ASSISTED LIVING CENTER 0 I P80 02008002963 S, I �p I NLCYIITIO,'<T11 p° a [NE0135NEFT /. FILED AND RECORDED OFFICIAL PUBLIC RECORDS i a Kelly Pinion County Clerk Lubbock Coun�.y TEXyS 06/28/2016 11:�14 AM FEE: $42.00 2016 22750