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Ordinance - 2016-O0166 - Closing 10-Foot Underground Utility Easement - 11/17/2016
First Reading November 3,2016 Item No.6.8 Fifean^^turnto DaveBooher R.O.W City of Lubbock ORDINANCE NO.2016=00166 Second Reading November 17,2016 Item No.6.11 AN ORDINANCE ABANDONING AND CLOSING A 10-FOOT UNDERGROUND UTILITY EASEMENT,5-FOOT UNDERGROUND UTILITY EASEMENT AND A 4 X 6 TRANSFORMER PAD EASEMENT LOCATED IN LOTS 46 AND 47 OF THE FALLS AT SUNCREST ADDITION TO THE CITY OF LUBBOCK,LUBBOCK COUNTY,TEXAS,WHICH IS 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 easements hereinafter described in the body of this Ordinance are 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 easements 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 Exhibit "A","B"&"C". SECTION 2.THAT the City Engineer is hereby authorized and directed to mark the official maps of the City of Lubbockto 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 3rd day of November 2016. Passed by the City Council on second reading this 17th day of November 2016. U-A^ DANIEL M.POPE,MAYOR I N © :-4 © :N) © o ATTEST:..--... E R_li&cca.Ganza, City Secretary APPROVED•AS-TO CONTENT: Dave Booher, Right -of -Way Agent APPROVED AS TO FORM: Ryan rooke, Assistant City Attorney A&C-WE —The Falls at Suncrest Addn 8.24.16 Page 1 of 1 EXHIBIT FIELD NOTES FOR ABANDONMENT OF A 10' UNDERGROUND UTILITY EASEMENT FIELD NOTES FOR A 2217 SQUARE FOOT TRACT OF LAND, SITUATED ON LOT 46, OF THE CORRECTED FINAL PLAT, LOTS 1-68, & TRACT A-D, THE FALLS AT SUNCREST, AN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, as recorded in that certain plat, map and/or dedication deed thereof recorded in Volume 9419, Page 276, Official Public Records of Lubbock County, Texas (OPRLCTX) and being more particularly described by metes and bounds as follows: BEGINNING a point in the West right-of-way line of Troy Avenue, at the Southeast corner of said Lot 46, same being the Northeast corner of Lot 47 of said Corrected Final Plat, for the Southeast corner of this tract from which a 1/2" iron rod with cap inscribed "RPLS 4460" (herein after referred to as an ABACUS cap) found at the Southeast corner of said Lot 47 bears South 96.00 feet. THENCE N. 551 09' 38" W., contiguous with the North boundary line of said Lot 47, a distance of 221.66 feet to an ABACUS cap found at the Southwest corner of this tract. THENCE N. 000 05' 16" W. a distance of 12.20 feet to the Northwest corner of this tract. THENCE S. 550 09' 38" E., parallel to the South line of said Lot 46, a distance of 221.69 feet to a point in said West right-of-way line, for the Northeast corner of this tract. THENCE South contiguous with said West right-of-way line, a distance of 12.18 feet to the place of BEGINNING and containing 2217 square feet of land more or less. Notes: Bearings are based on record bearings of the Corrected Final Plat, Lots 1- 68, & Tracts A-D, The Falls at Suncrest, an Addition to the City of Lubbock, Lubbock County, Texas. Distances are surface distances, U.S. Survey Feet STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS, that I, Cyril H. Turner, Registered COUNTY OF LUBBOCK Professional Land Surveyor, do hereby certify that i did cause to be surveyed on the ground the above described tract of land, and to the best of my knowledge and belief, the said description is true and correct. IN WITNESS THEREOF, my hand and seal, this the 14th day of July, A.D., 2016. C it H. Tur er Registered Professional Land Surveyor #6460 OJD ENGINEERING, LP * 328 E. HWY., UNIT #1, WOLFFORTH, TX. * FIRM#10193983 Page 1 of 1 FIELD NOTES FOR ABANDONMENT OF A S' UNDERGROUND UTILITY EASEMENT EXHIBIT �i 8 FIELD NOTES FOR A 1108 SQUARE FOOT TRACT OF LAND, SITUATED ON LOT 47, OF THE CORRECTED FINAL PLAT, LOTS 1-68, & TRACT A-D, THE FALLS AT SUNCREST, AN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, as recorded in that certain plat, map and/or dedication deed thereof recorded in Volume 9419, Page 276, Official Public Records of Lubbock County, Texas (OPRT.CTX) and being more particularly described by metes and bounds as follows: BEGINNING a point in the West right-of-way line of Troy Avenue, at the Southeast corner of Lot 46 said Corrected Final Plat, same being the Northeast corner of said Lot 47, for the Northeast corner of this tract from which a 1/2" iron rod with cap inscribiad "RPT,S 4460" (herein after referred to as an ABACUS cap) found at the Southeast corner of said Lot 47 bears South 96.00 feet. THENCE South, contiguous with said West right-of-way line, a distance of 6.09 feet to the Southeast corner of this tract. THENCE N. 550 09' 38" W., parallel to the North boundary line of said Lot 47, a distance of 221.65 feet to the Southwest corner of this tract. THENCE N. 00° 05' 16" W. a distance of 6.10 feet to an ABACUS cap found in the South line of said Lot 46, at the Northwest corner of this tract. THENCE S. 550 09' 38" E., contiguous with the South line of said Lot 46, a distance of 221.66 feet to the place of BEGINNING and containing 1108 square feet of land more or less. Notes: Bearings are based on record bearings of the Corrected Final Plat, Lots 1- 68, & Tracts A-D, The Falls at Suncrest, an Addition to the City of Lubbock, Lubbock County, Texas. Distances are surface distances, U.S. Survey Feet STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS, that I, Cyril H. Turner, Registered COUNTY OF LUBBOCK Professional Land Surveyor, do hereby certify that I did cause to be surveyed on the ground the above described tract of land, and to the best of my knowledge and belief, the said description is true and correct. IN WITNESS THEREOF, my hand and seal, this the 14th day of July, A.D., 2016. O,il. Turner Registered Professional Land Surveyor #6460 OJD ENGINEERING, LY + 328 E. HWY., UNIT #1, WOLFFORTH, TX. + FIRM#10193983 Page 1 of 1 ' EXHIBIT FIELD NOTES FOR ABANDONMENT OF A ' 4' X 6' TRANSFORMER PAD EASEMENT FIELD NOTES FOR A 24 SQUARE FOOT TRACT OF LAND, SITUATED ON LOT 47, OF THE CORRECTED FINAL PLAT, LOTS 1-68, & TRACT A-D, THE FALLS AT SUNCREST, AN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, as recorded in that certain plat, map and/or dedication deed thereof recorded in Volume 9419, Page 276, Official Public Records of Lubbock County, Texas (OPRLCTX) and being more particularly described by metes and bounds as follows: BEGINNING a point in the West right-of-way line of Troy Avenue, at the Southeast corner of Lot 46 said Corrected Final Plat, same being the Northeast corner of said Lot 47, for the Northeast corner of this tract from which a 1/2" iron rod with cap insrri.bed "RPLS 4460" (herein after referred to as an ABACUS cap) found at the Southeast corner of said Lot 47 bears South 96.00 feet. THENCE South, contiguous with said West right-of-way line, a distance of 6.00 feet to the Southeast corner of this tract. THENCE West a distance of 4.00 feet to the Southwest corner of this tract. THENCE North a distance of 6.00 feet to the Northwest corner of this tract. THENCE East a distance of 4.00 feet to the place of BEGINNING and containing 24 square feet of land more or less. Notes: Bearings are based on record bearings of the Corrected Final Plat, Lots 1- 68, & Tracts A-D, The Falls at Suncrest, an Addition to the City of Lubbock, Lubbock County, Texas. Distances are surface distances, U.S. Survey Feet * * * * * * * * * * * * * * * STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS, that I, Cyril H. Turner, Registered COUNTY OF LUBBOCK Professional Land Surveyor, do hereby certify that I did cause to be surveyed on the ground the above described tract of land, and to the best of my knowledge and belief, the said description is true and correct. IN WITNESS THEREOF, my hand and seal, this the 14th day of July, A.D., 2016. • Aril H. Turner Registered Professional Land Surveyor #6460 OJD ENGINEERING, LP * 328 E. HWY., UNIT #1, WOLFFORTH, TX. * FIRM#10193983 FILED AND RECORDED OFFICIAL PUBLIC RECORDS Kelly Pinion County Clerk Lubbock County TEX4s 04/06/2017 12:19 PM FEE: $42.00 2017012007