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HomeMy WebLinkAboutOrdinance - 2016-O0102 - Closing 8 Foot Wide Of Right Of Way Easement - 07/28/2016First Reading July 14.2016 Item No.6.6 COUNTER FILING File and Return to DaveBooher R.O.W. Cityof Lubbock y ORDINANCE NO.2016-O0102 Second Reading July 28. 2016 Item No.6.6 AN ORDINANCE ABANDONING AND CLOSING AN 8 FOOT PORTION OF A RIGHT OF WAY EASEMENT OUT OF SECTION 35,BLOCK AK,LUBBOCK COUNTY,TEXAS 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 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 are hereby closed,vacated and abandoned for easement purposes and for public use.such easement being more particularly described in attached Exhibit V*A" SECTION 2.TFIAT 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 authorizedand directedto cause publication of the descriptivecaptionof this Ordinance as an alternative method provided by law. AND IT IS SO ORDERED. Passed by the City Council on first reading this 14th fay 0f July Passed by the City Council on second reading this28th day of July DANIEL M. POPE!MAYOR _.2016. .2016. ATTEST: Reb cca.Garza, City Secpk APPROVED AS TO CONTENT: Dave Booher, Right -of -Way Agent APPROVED S TO FORM: Chad Weaver, City Attorney A&C-Easement-Section 35, Blk AK.ord 6.15.16 HUGO REED AND ASSOCIATES, INC. 1401 AVENUE N I LUBBOCK. TEXAS 7240t 1 $06993.56421 FAX 4061763.3991 TEXAS REGISTERED ENGINEERING FIRM F.760 TEXAS LICENSED SURVEYING FIRM 100676.00 LAND SURVEYORS CIVIL ENGINEERS METES AND BOUNDS DESCRIPTION of a 0.1780 acre tract of land being (he North 8.00 feet of a 40 fool right-of- way easement as described in Volume 1152, Pages 338 and 341 of the Deed Records of Lubbock County, Texas (DRLCT), being further described as follows: BEGINNING at a 1/2' iron rod with cap set in the Eastern boundary of Tract IV, as described under County Clerk File Number (CCFN) 2010008660 of the Official Public Records of Lubbock County, Texas (OPRLCT), and the Western boundary of the remainder of tract of land as described in Volume 1005, Page 269, DRLCT, which bears West a distance of 1453.88 feet and N. 00001'58" W. a distance of 32.00 feel from the Southeast corner of Section 35, Block AK, Lubbock County, Texas, for the Southeast corner of this tract; THENCE West a distance of 966.36 feet to a 1/2" iron rod and cap set in the Eastern boundary of a tract of land as described in Volume 1835, Page 837, DRLCT, and the Western boundary of said Tract IV, for the Southwest comer of this tract; THENCE N. 36`06'00' W., along the Eastern boundary of said described tract and the Western boundary of said Tract IV, a distance of 9.90 feet to a fence post found in the North line of said 40 foot right-of-way easement, for the Northwest corner of this tract; THENCE East, along said North right-of-way line, a distance of 972.19 feet to a 1/2" iron rod with cap found in the Eastern boundary of said Tract IV, and the Western boundary of that said remainder tract, for the Northeast comer of this tract; THENCE S. 00'01'58" E., along the Eastern boundary of said Tract IV, and the Western boundary of said remainder tract, a distance of 8.00 feet to the Point of Beginning. Bearings are relative to the South line of Section 35, Block AK, Lubbock County, Texas, previously surveyed and recognized as being East-West. Surveyed on the ground May 31. 2016 f Brent Carroll Registered Professional Land Surveyor No. 5410 State of Texas FILED AND RECORDED OFFICIAL PUBLIC RECORDS Kelly Pinion County Clerk Lubbock County TEX4s 08/03/201a 01:65 PM FEE: $34.00 2016027877