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HomeMy WebLinkAboutOrdinance - 2015-O0097 - Closing Temproary Drainage And Stormwater Impoundment Easement - 09/24/2015First Reading CX Lt- v� Second Reading File and Return to September 10, 2015 Dave Booher R.O.W. September 24, 2015 =_ Item No. 6.16 City of Lubbock Item No. 4.4 ORDINANCE NO. 2015-00097 AN ORDINANCE ABANDONING AND CLOSING A TEMPORARY DRAINAGE AND STORMWATER IMPOUNDMENT EASEMENT, LOCATED IN SECTION 43, 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 p p SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. y WHEREAS, the City Council finds that the easement as hereinafter described in m 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 rn purposes and for public use; NOW THEREFORE: w 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". 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 September 10, 2015 2015. Passed by the City Council on second reading this September 24, 2015 2015. GLEXAOBIXTSON, MAYOR ATTEST: Reber a Garza; City Secre[azy APPROVED AS TO CONTENT: Dave Booher, Right -of -Way Agent APPROVE AS TO FORM: Chad Weaver, City Attorney A&C-DEasement, Section 43, Blk AK.ord 8.24.15 x:11. A 9.1937 ACRE, MORE OR LESS, TRACT OF LAND LOCATED IN SECTION 43, BLOCK AK, LUBBOCK COUNTY, TEXAS, BEING A PORTION OF THAT SAME TRACT OF LAND CONVEYED TO TIGRIS DEVELOPMENT, LLC, DESCRIBED IN A WARRANTY DEED RECORDED IN COUNTY CLERK'S FILE NUMBER 2010002869 OF THE OFFICIAL PUBLIC RECORDS OF LUBBOCK COUNTY, SAID 9.1937 ACRE TRACT BEING FURTHER DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTH LINE OF SAID PARENT TRACT AND THE NORTH RIGHT-OF-WAY LINE OF 34}" STREET, AS DESCRIBED IN A STREET DEDICATION DEED RECORDED IN VOLUME 3449, PAGE 197 OF THE REAL PROPERTY RECORDS OF LUBBOCK COUNTY, FOR THE MOST SOUTHERLY SOUTHEAST CORNER OF THIS TRACT, WHENCE THE SOUTHEAST CORNER OF SAID SECTION 43 BEARS S. 010 47'43" W. A DISTANCE OF 55.00 FEET AND S. 880 12,171, E. A DISTANCE OF 1261.89 FEET; THENCE N. 880 12' 17" W, ALONG THE SOUTH LINE OF SAID PARENT TRACT AND THE NORTH RIGHT-OF-WAY LINE OF SAID 34TH STREET, A DISTANCE OF 1319.01 FEET TO THE SOUTHEAST CORNER OF A TRACT OF LAND CONVEYED TO THE CITY OF LUBBOCK, DESCRIBED IN A WARRANTY DEED RECORDED IN VOLUME 2866, PAGE 211 OF THE REAL PROPERTY RECORDS OF LUBBOCK COUNTY FOR A POINT OF INTERSECTION OF THIS TRACT; THENCE N. 01. 50' 03" E, ALONG THE EAST LINE OF SAID CITY OF LUBBOCK TRACT, A DISTANCE OF 40.00 FEET TO THE NORTHEAST CORNER OF SAID CITY OF LUBBOCK TRACT FOR A POINT OF INTERSECTION OF THIS TRACT; THENCE N. 880 12' 17" W., ALONG THE NORTH LINE OF SAID CITY OF LUBBOCK TRACT, A DISTANCE OF 40.00 FEET TO THE NORTHWEST CORNER OF SAID CITY OF LUBBOCK TRACT FOR A POINT OF INTERSECTION OF THIS TRACT; THENCE S. Ole 50' 03" W., ALONG THE WEST LINE OF SAID CITY OF LUBBOCK TRACT, A DISTANCE OF 40.00 FEET TO A POINT IN THE SOUTH LINE OF SAID PARENT TRACT AND THE NORTH RIGHT-OF-WAY LINE OF SAID 34TH STREET FOR A POINT OF INTERSECTION OF THIS TRACT; THENCE N. 880 12' 17" W., ALONG THE SOUTH LINE OF SAID PARENT TRACT AND THE NORTH RIGHT-OF-WAY LINE OF SAID 34TH STREET, A DISTANCE OF 19.94 FEET TO THE SOUTHWEST CORNER OF SAID PARENT TRACT AND THE SOUTHWEST CORNER FO THIS TRACT; THENCE N. 01* 50'03 " E., ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 43, A DISTANCE OF 255.00 FEET TO A POINT FOR THE NORTHWEST CORNER OF THIS TRACT; THENCE S. 880 12' 17" E. A DISTANCE OF 672.60 FEET TO A POINT OF CURVATURE FOR THIS TRACT; Exhibit A Sheet l oft THENCE NORTHEASTERLY, ALONG A CURVE TO THE LEFT, AN ARC DISTANCE OF 239.62 FEET, SAID CURVE HAVING A RADIUS OF 552.50 FEET, A DELTA ANGLE OF 24° 50' 56", A CHORD DISTANCE OF 237.74 FEET AND A CHORD BEARING OF N. 79- 22'15" 9°22'15" E. TO A POINT OF REVERSE CURVATURE FOR THIS TRACT; THENCE EASTERLY, ALONG A CURVE TO THE RIGHT, AN ARC DISTANCE OF 504.55 FEET, SAID CURVE HAVING A RADIUS OF 584.00 FEET, A DELTA ANGLE OF 490 30' 02", A CHORD DISTANCE OF 489.00 FEET AND A CHORD BEARING OF S. 88° 18'12" E. TO A POINT FOR THE NORTHEAST CORNER OF THIS TRACT; THENCE S. 010 47'43" W. A DISTANCE OF 291.99 FEET TO A POINT OF INTERSECTION FOR THIS TRACT; THENCE S. 460 47'43 " W. A DISTANCE OF 21.21 FEET TO THE POINT OF BEGINNING. BEARINGS ARE GRID BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM, TXNC ZONE 4202, NAD'83 (CORS 2011) (EPOCH 2010). DISTANCES ARE AT SURFACE. FILED AND RECORDED of :� OFFICIAL PUBLIC RECORDS Kelly Pinion, County Clerk Lubbock County TEXAS October 09, 2015 09:48:17 AM 2015036593 FEE: $38.00 Exhibit Sheet oft