HomeMy WebLinkAboutMinutes - City Council - Regular - 8/1/1950RECESSED REGULAR I,L�ETING
Lubbock Texas
August i, 1950
The City Commission of the City of Lubbock, Texas met at 4 P. M.
in recessed
regular session, at the regular meeting place in the City Hall, the following
members thereof being present, to -wit:
MAyor Clarence K. Whiteside, Commissioners E K Hufstedler, Harr Morris,
L E Davis, Lucian Thomas, City Attorney Vaughn E. 'Wilson, City Manager Steve
Matthews, City Secretary Lavenza Lowe.
Absent: NOne. .
Motion by Commissioner Morris, seconded by Commissioner Davis, carried
unanimously, the following Resolution was bassedr
R E S O L U T I O N
WHEREAS, a conveyance of real property, con�pprisin- Reese Air Force Base
was executed by the City of Lubbock Texas on JULy 5, T949, and.said deed
was recorded in Volume 407, Page 3,4', Deed Records of Lubbock County, Texas,
whereby the City of Lubbock conveyed to the United States of America subject
to a reversion of the title to said property to the City of Lubbock should the
property described therein and comprising the Reese Air Force B se be aban-
doned by the United States and cease to be used as a military a�rfield and
other military purposes, and,
WHEREAS, the City Commission of the City of LUBbock has be6n informed that
said Reese Air Force BAse has been made a permanent military installation and
that the Government intends to make permanent improvements at skid Base, in-
cluding permanent housing under the Wherry Housing Act when the City conveys
the land comprising said Base without the reversionary clause being contained
in a deed of conveyance, and,
WHEREAS, the City Commission of the City of Lubbock, acting in the public
interest consistent with the provisions of Article 1269j, Section 7, Revised
Civil STatutes of Texas, desire to execute a conveyance to the United States
of America without the reversionary provision contained therein but reserving
to the City of Lubbock all oil and gas minerals and every right pertaining to
the City's ownership of the oil and gas minerals in the land comprising said
base, I,.owever agreeing in said conveyance that during the use and occu ancy
of said Base b'y the United States as a military airfield and other military
purposes, the City will not explore its oil and gas mineral rights from the
surface of said land except upon permit by the using agency, and,
WHEREAS, said deed of conveyance shall likewise contain the provision
that should the reserved oil and gas minerals ever be lawfully construed or
determined to be '?fissionable material,'? or '?source material," as those -
terms are defined in the Atomic Energy Act of 1946, that then, and in that
event, the City of Lubbock and its successors or assigns shall receive just
compensation therefor. NOW, THEREFORE:
BE IT RESOLVED BY THE CITY COMvIISSION OF THE CITY CF LUBBOCK, TEXAS:
1. THAT, in consideration of the premises and for the consideration
and privileges above set out the Governing Body of the City of Lubbock,
Texas hereby authorizes and directs Clarence K. Whiteside, Mayor of the
City of Lubbock to execute a deed conveying to the United States of America
for use as a miii.tary airfield and other military purposes, the real property
comprising Reese Air Force Base, which is more particularly described in that
certain deed dated July 5, 1949, and recorded in Volume 407, Page 343 of the
Deed Records of LUBbock County. Texas; reserving, however, all oil and gas
minerals and every right, privilege and appurtenance pertaining thereto to
the Cit of Lubbock and providing in said deed that during the.use and occu-
pancy o said property by the United States as a military airfield and other
military purposes, the City of Lubbock will not explore or develop the oil
and gas minerals therein reserved from the surface of said property except
upon permit granted by the using agency. Said deed shall likewise provide
that should the reserved oil and gas minerals ever be lawfully construed or
determined to be ??fissionable material,?? or '?source material," as those terms
are defined in the Atomic Energy Act of 1946, that then, and in that event,
cD
the City of Lubbock, its successors or asLri;;ns shall receive just compensation
therefor.
On motion of Commissioner MORris, seconded by Commissioner Davis, the
foregoing Resolution was unanimously passed by an affirmative vote of the
City Commission this lst day of August, 1950.
ATTEST: CITY OF LUBBOCK, TEXAS
LAvenia Lowe By: Clarence K. Whiteside
City Secretary Mayor
D E E D
STATE OF TEXAS
COUNTY OF LUBBOCK
KNOW ALL MEN BY THESE PRESENTS:
That the City of Lubbock, Texas, a municipal.corporation, duly organized
and existing under and by virtue of the laws of the State of Texas, acting
herein by and through Clarence K. Whiteside, its Mayor, hereunto duly autho-
rized for and in consideration of the sum of One Dollar ($1.00) and other good
and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged,. has granted, sold and conveyed and by these presents does grant,
sell and convey unto the United States of America for use as a military airfield
and other military purposes, subject however, to the reservations and conditions
hereinafter set forth,,all that certain land situated in Lubbock COunty, Texas,
particularly described as follows:
FIRST TRACT
All of Section Four (4) and the East Half (E2 ) of Section Twenty-six (26
except that part of said Sections lying South of the NORth riISP,41)
ht-of-way line,ol
State Highway No. 290 as sane now exists; and the South Half S2) of Section
Twenty-five (25) all in Block D-6; and the Southeast Quarter of Section
Forty-eight (48), Block P,'containing 1387.66 acres more or less.
SECOND TRACT
A strip of land adjacent to and extending fifty (50) feet in width on each
side of the following described line: Commencing at the Northeast corner of
Section Five W, Block D-6; thence West along the North line of said Section
Five (5), a disi`'ance of Two Hundred (?.00) feet; thence South at right angles to
said North line a distance of fifty (50) feet to the point of beginning; thence
continuing South at right angles to said North line a distance of One Hundred
Sixty (160) feet, more Qr less, to a point of curve; thence Southwesterly on a
curve to the right with a radius of Nine Hundred Forty-two and Twenty-nine
Hundredths (942.29) feet, a distance of One Thousand Three Hundred Ninety-six
(1396) feet, more"or less, to point of intersection with a line parallel with
and Seventy-five (75) feet Northeasterly from, measured at right angles to,
the centerline of the main track of the South Plains and Santa Fe Railway Com-
pany, containing 3.57 acres, more or less.
THIRD TRACT
(Radio Transmitter Site)
A parcel of land described as beginning at the Northwest corner of the
Southwest Quarter (SW4) of Section Two (2), Block D-6; thence East Six Hun-
dred Sixty (660) feet, thence South Six Hundred Sixty (600) feet, thence West
Six Hundred Sixty (660) feet, thence North Six Hundred Sixty (660) feet to
the place of begin-_.ing, containing ten (10) acres, more or less.
FOURTH TRACT
(Radio Rang Site )
A certain arcel of land described as BEGIid.i\;ING at the Southwest corner
of the East Half (Eflof Section Thirty-eight (38), Block JS, thence North
Five Hundred Twenty-two (5221) feet; thence East Five Hundred (500t) feet -
thence South Five Hundred Twenty-two (522t) Feet; thence West Five•Hundred
(5001) feet to the point of BEGINNING, containing six (6) acres, more or less.
RESERVATIONS AND CONDITIONS
1. The Grantor, for itself? its successors or assigns, expressly reserves
all of the oil and gas minerals in and under the surface of the above described
land and every right, privilege and appurtenance pertaining thereto.
2. That should the reserved oil and gas minerals ever be lawfully con-
strued or determined to be t?fissionable material,tt or "source material," as
those terms are defined in the Atomic Energy Act of 1946, the Grantor and its
successors or assigns shall receive just compensation therefor as their interest
may appear.
3. That during the use and occupation by the United States of the above
described land, the Grantor agrees for itself, its successors or assigns that
it will not in any manner explore or develop from the surface of any lands,
herein conveyed, the oil and gas mineral rights herein reserved, except upon
application to and permit granted by the using agency.
4. That this deed is made in lieu of and to correct that certain con-
veyance made and executed by the Grantor herein to the United States of
America on July 5, 1949, and recorded in the Office of the County Clerk,
Lubbock County, Texas, on March 16, 1950 in Volume Z,07, of Deed Records,
Page 343 thereof.
TO HAVE AND TO HOLD the above described premises, together with all
and singular the rigrits and a��purtenances thereunto in anywise belonging
unto the United States of America forever, except as above set out.
III VaTNESS WTEPLEOF, the undersigned has affixed his signature on
behalf of the City of Lubbock, Texas, on this -the lst day of Aug.st, 1950.
ATTEST: CITY OF LUBBOCK, TEXAS
Lavenia Lowe Bt Clarence K. Whiteside
City Secretary Mayor
No further business coming up for consideration, the City Commission recessed
to i;zeet August 3, 1950.
Read and approved this the 10 day of 1"ugust , 19500
ATTEST:
z4"'d4d'C'
I'City Secretary
MAN