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Home My WebLink AboutOrdinance - 2020-O0135 - Abandoning and closing a Drainage Easement, Meadows South AdditionI Cr+y 9 L""Ic COIAnW 4-VI First Reading October 13, 2020 Item No. 6.5 ORDINANCE NO. 2020-00135 Second Reading October 27, 2020 Item No. 6.5 AN ORDINANCE ABANDONING AND CLOSING A DRAINAGE EASEMENT, LOCATED ON LOTS 128 & 149, MEADOWS SOUTH ADDITION, LUBBOCK COUNTY, AS RECORDED AS TRACT II IN VOLUME 5838, PAGE 301 OF THE OFFICIAL PUBLIC RECORDS OF 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 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" and "B." SECTION 2. THAT the easement described herein and closed, vacated and abandoned by this Ordinance shall have to no consequence or effect on the 20-foot drainage easement dedicated by the plat of Lots 73-154, Meadows South Addition to the City of Lubbock, Lubbock County, Texas, as recorded in Volume 6558, Page 141 of the Official Public Records of Lubbock County, Texas, and being more particularly described in the attached Exhibit "C." 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, 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 13th day of October 2020. Passed by the City Council on second reading this 27th day of October 2020. DANIEL M. POPE, MAYOR ATTEST:.- . Michael Keenum, P.E., Division Director of Engineering/City Engineer APPROVED AS TO FORM: Ryan J ooke, Assistant City Attorney Ord.A&C-Drainage Easement, Meadows South Addition 10.7.20 /III�.'1111111111' , o o M Cep _.... • 1111111\,1111111111, _ I11111\�1\�\�_1111111 ",,, • 111110 IIIIIIIII lj�j� ! •�'.�'_a'.. .. .. T jj do\U—un• II_J-' • 1 f'. 9 0 0 909 9 oC� Q 677 � � � �Xl �3 � � 69 k�o <'�• � �a � � .. 9 0� 9� 9� � 9k� 9�3 96� 969 9�0 '��!� • . • . � T�7act ID Proposed for Closure so 99� 9� 41�9 9�3 9� 9�4 91� 9� 9�a 'd%i � Q 9� •. • • • •• - • • 9� •.- ---� - - - - _. 3 9(377 9 3 9 Igo o 9g9 9m Im 9N 90. ° \ " 9@57 9N 9 ° ° m@ M9 i 2 Y u- EXHIBIT 0 q {I �/f 159M CITY M INc LUBBOCK G 6 P.O. BOX 2000 DRAINAGE CRM M LUBBOCK, TEXAS 79"7 THE STATE OF TEXAS g VOL 5838P40f3ft COUNTY OF LUBBOCK g KNOW ALL MEN BY THESE PRESENTS: That LUBBOCK MEADOWS SOUTH LOOTED PARTNERSHIP. a Texas Limited Partnership, acting herein by and through Its duly authorized General Partner (hereinafter referred to as "Grantor"), for TEN AND N0/100 DOLLARS ($10.00) and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged by Grantor, and for the further good and valuable consideration and benefits seeming, and to accrue, to the remainder of Grantor's property by the development of property neighboring the easement tract herein described, has by these presents GRANTED, BARGAINED, SOLD and CONVEYED, and by these presents does GRANT, BARGAIN, SELL and CONVEY unto the CITY OF LUBBOCK, its successors and assigns, for the use of the public as perpetual and permanent drainage easements, the free and uninterrupted use, liberty of passage in, on, along, over, upon, under and across all of that real property more particularly described as follows, to -wit: T : A tract of land located in Section 25, Block E-2, Lubbock County, Texas, being further described as follows: BEGINNING at a 112" iron rod with cap found which bears S. 89"57'15" W. 3095.20 feet and S. 00002'45" E. 546.00 feet from the Northeast comer of Section 25, Block E- 2, Lubbock County, Texas; THENCE N. 89°57'15" E. a distance of 52.00 feet to a 1/2" iron rod with cap set; THENCE S. 00°02'45" E. a distance of 105.00 feet; THENCE N. 89057'15" E. a distance of 150.00 feet; THENCE S. 00"02'45" E. a distance of 52.00 feet; THENCE S. 89"57' 15" W. a distance of 202.00 feet; THENCE N. 00"02'45" W. a distance of 157.00 feet to the Point of Beginning; A tract of land located in Section 25, Block E-2, Lubbock County. Texas, being er described as follows: BEGINNING at a 1/2' iron rod with cap set which bears S. 89*57' 15" W. 2737.20 feet and S. 00°02'45" E. 546.00 feet from the Northeast comer of Section 25, Block E-2, Lubbock County, Texas; THENCE N. 89057' 15" E. a distance of 64.00 feet to I/2" iron rod with cap set; THENCE S. 00°02'45" E. a distance of 282.00 feet; THENCE S. 89057'15' W. a distance of 64.00 feu: THENCE N. 00"02'45" W. a distance of 282.00 fat to the Point of Beginning That the easements shall continue so long as the public continues to use said property for drainage improvements, which easements shall include, but shall not be limited to, the right to construct, s�wnuuvxaoawf-ta �m r n VOL 5838PAC1302 reconstruct, maintain, repair, clean and clear said property for the free and unobstructed drainage of surface water, together with the right of ingress, egress and regress for such purposes in, on, along, through and across said property to accomplish the purposes at out herein; and That the CITY OF LU MOCK shall have the right to set and determine the drainage grade and direction of now of surface waters on the above described real property, and buildings or like permanent structures shall not be erected, built or constructed, or allowed to be erected, built or constructed in, upon, over, along, or across the above described real property, and if such erection, building or constriction does occur in violation of this prohibition, the CITY OF LUBBOCK shall have the right to remove said building or structure from the above described real property. TO HAVE AND TO SOLD the above described premises. together with all and singular the rights and appurtenances thereto in anywise belonging perpetually unto the CITY OF LUBBOCK, Its successors and assigns, for so long as the public uses same for the purposes herein granted. And STATE NATIONAL BANK of West Texas, holder of a lien of record against the above referenced property, ,loins in the granting of the easements for the sole purpose of showing its assent thereto, and that it has no objection to the granting of the easemem, and it hereby subordinates its lien upon the tracts embraced within the easements as above described to the rights granted herein. WITNESS the execution of this instrument the 7L41day of , 1998. 01 LUBBOCK MEADOWS SOUTH LEWTED PARTNERSHIP, a Texas Limited Partnership BY: OIL dAC CORP., General Partner BY: Scott C. MacKenzie. President STATE ATIONAL BANK of West T exas BY: L:�=" Its: A 1 • • t_.S via THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME. the undersigned, being a Notary Public in and for the State of Texas, on this day personally appeared Scott C. MacKenzie, known to me to be the person whose name is subscribed to the foregoing instrument and aclmowledged to me that he executed the instrument as the act of Oilmac Corp., a Texas corporation, and that he executed the instrument on behalf of the corporation for the purposes and consideration expressed, and in the capacity hereinabove stated; said corporation acting as (General Partner on behalf of LUBBOCK MBADOWS SOUTH LIMITED PARTNERSHIP, a Texas limited partnership. GIVEN UNDER MY HAND AND SEAL OF OFFICE this - day of , A.D.. 1998. ----------------- - --------- MAPJMWKMWA kt �� 14M anw Eau�eeo 2 Notary c. State of Texas S� W 58338403 THE STATE OF TEXAS COUNTY OF LUBBOCK was I bgfo roe o the 761 day Aof , 1"g, by of STATE NATI AL BANK of West Texas, a ttatiotialbaWcb& association, an of said association. p jol�,A�- KW & Nuffi Notary Puffitc, State of Texas WT VAMMMott M "M �►9s, 2001 STATE OF TEXAS COUNTY OF LUBBOCK F!LE r �) R RECORD I teems►oerttb the aft tnttromw «ai:tt W onto daq end at tha tkm SUMPed hereon br n» and wn d* REOOR09DtogoVotuneaandPedeoftteeOM dRodPicM Ra w& of wbm* CwmV, to= as stan W hereon tV eels. MAY 13 9 57 AM '90 MAY 18 use �AA..:ca„� tbuRtvCtart� t�re+netCal r�„r WtiROCKCOt1'iifjIl,=" s+►wnter►ocwst.eaet Wsaas gum=7 3 w n, . -64raEET- - ��.♦ R � A A It Y� A �I 6 9911STREET G 1 IOOth STREET 'Gn-T MEADOWS SOUTH ADDITION ro nc a*v ff i�a ll)3BL�]t tlYlltY. t£XA5 i .�... 57napr ! x t -- w pw s w wi 100th STREET A :'aFat �y»'6nV7G r '� FILED AND RECORDED OFFICIAL PUBLIC RECORDS xx Kelly Pinion Count Clerk Lubbock County TEXAS 11/02/2020 01:66 Ph FEE: $50.00 2020049042 FILED AND RECORDED OFFICIAL PUBLIC RECORDS c.. dos Kelly Pinion County Clerk Lubbock County TEXAS 11/02/2020 01:66 PM FEE: $50.00 2020049042