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HomeMy WebLinkAboutResolution - 082257G - Clear Zone Rescinded - Acquisition Of Properties & Easements For Airport - 08_22_1957 3 ) i 06 R :E S 0 l.- U .T ;1. 0 N WHEREASp THE , CITY COMMISSION OF ,THE `C.ITY OF LUBBOCK.., TEXAS DID'.HERETOFORE BY RESOLUTIONS RECORDED IN THE MINU— TES OF SA I D COMMISSION FIND AND DETERMINE TH.AT CERTAIN ADDITIONA.L. RUNWAY CLEAR ZONES.. WERE ESSENTIAL FOR THE CON— TINUED OPERATION OF LUBBOCK .MUNICIPAL. AIRPORT . AND .. WERE REQUIRED. FOR. PUBLIC CONVENT:E.NCE . AND.. NECESSITY -AND. WERE REQUIRED FOR TH.E . PR-ESERVIATtON _ OF.-THE PUBLIC SAFETY .OF THE USERS.. AND .NEIGH-BORS OF THE LUBBOCK MUNA C IP AL AIRPORT, AND WHEREAS, PURSUANT TO SUCH DET.E,RMtNATIONS AND ACT10Np THE CITY COMM_I,SSION OF THE CITY OF LUBBOCK, TEXAS. DID ON AAPRIL 12s 1956 AS- SHOWN IN RESOLUTION OF THAT DATEp AUTHO— RIZE THE RIGHT OF WAY AGENT OF THE CITY OF LUBBOCK,, TEXAS TO OFFER THE OWNERS OF TRACTS ( B) AND ( E) , AS SHOWN ON PLAT ATTACHED TO SUCH RESOLUTION , A SUM DETERMINED TO BE THE APPRAISED AND FAIR VALUE OF= SAID :TRACTS ( B) AND (E) , AND SAID OFFER WAS MADE AND REFUSED., AND WHEREAS, ON JULY 262 1956 BY RESOLUTION of THAT DATE,, THE CITY COMMISSION A-UTHORI-ZED AND DIRECTED THE INSTITUTION OF LEGAL PROCEEDINGS IN CONDEMNATION IN THE NAME OF THE CITY OF LUBBOCK., TEXAS FOR THE CONDEMNATION OF SAID TRACTS OF LAND FOR THE USES AND PURPOSES FOR WHICH IT WAS FOUND AND DETERMINED TO BE NECESSARY, ALL IN ACCORDANCE WITH PRIOR RESOLUTIONS OF THE CITY COMMIS— . SION FOUND AND RECORDED IN THE MINUTES THEREOF, AND WHEREAS, SUCH SUIT WAS INSTITUTED AGAINST C. E. HO.BGOOD AND OTHERS AS THE OWNERS OF SAID TRACTS ( B) AND ( E) AND I..t NOW PENDING ON THE DOCKET OF THE COUNTY COURT AT LAW OF LUBBOCK COUNTY, TEXASS BEING CAUSE N0. 8035 ON SAID DOCKETp AND WHEREAS, SINCE THE INSTITUTION OF SAID SUIT IT HAS BEEN FOU'ND AND .DETERMtNED .AND SUCH FINDING AND .DETERM,INA— TION IS HERE MADE, THAT A LESSER ESTATE IN A PORTION. OF SAID TRACTS ( B) AND ( E) ABOVE -R`EFERRE0 TO IS REQUIRED FOR THE PURPOSES .OF-•ESTABLISHINC 'SAID RIFNWAY CLEAR ZONESi AND THE COMMISSION NOW FINDS AND DETERMINE-S THAT THE FOLLOWING - ESTATES IN AND TO THE FOLLOWING DESCRIBED LANDS WILL AD— EQUATELY PROVIDE THE. CLEAR ZONE PROTECTION REQUIRED AND ARE NECESSARY FOR THE CONTINUED OPERATION OF THE LUBBOCK MUNICIPAL AIRPORT] ARE REQUIRED FOR THE PRESERVATION OF f* THE PUBLIC SAFETY OF THE USERS AND NEIGHBORS OF THE LUB— ` BOCKs TEXAS MUNICIPAL AIRPORT. SUCH .ESTATES AND LANDS BEING DESCRIBED AS FOLLOWS. ( L) FEE SIMPLE_ TIT.LE TO THE FOL'LOWING. DESCRIBED TRACT OF LAND: BEGINNING AT .THE NORTHWEST- ( NW) CORNER OF THE NORTHEAST QUARTER ( NE,/4) OF SECTION ..THI,RTY-TWO (321 .. BLOCK A.,. OF LuBBOCK COUNTY,- .TEXAS; THENCE EAST A. Pi S'TA.NCE OF 121 .4 FEET TO A POI. NT'; THENCE SOUTH PARALLEL TO .AND 121 .4 FEET EAST OF THE WEST LINE OF SAID. NOR.THEA'ST QUARTER (NEl4) OF SEC'7I ON TO RTY-TWO (,32) $ .,BLf3CK A. A DISTANCE' OF 1980 FEET TO A POINT FOR , 'THE PLACE OF BEGINNING ; THENCE WEST A DISTANCE OF 1005 FEET TO A POINT FOR THE SOUTHWEST CORNER OF THIS TRACT; THENCE NORTH PARALLEL TO -AND 883. 6 FEET WEST OF THE WEST LINE OF THE NORTHEAST QUARTER (NE/4) OF SECTION THIRTY-TWO (32) , BLOCK A, A DISTANCE OF 460 FEET TO A POINT FOR THE NORTHWEST CORNER OF THIS TRACT ; THENCE EAST A DISTANCE OF 1255 FEET PARALLEL. TO THE NORTH SECTION LINE OF SECTION THIRTY-TWO (32).. BLOCK A, TO A POINT FOR THE NORTHEAST CORNER OF THIS TRACT; THENCE SOUTH PARALLEL TO THE WEST LINE OF SAID NORTHEAST QUARTER (NEf'4,) `OF SECTION, TH 1 RTY-TWO (32), BLOCK A, A DISTANCE OF 460 •FEET TO A POINT FOR THE SOUTHEAST CORNER ©F SAID TRACT; THENCE WEST A DISTANCE OF 250 FEET TO THE 'PLACE ' OF BEG I NN I NGp AND CONTAINING 13.25 ACRES OF 1_AND. ( 2) EASEMENTS AS HEREINAFTER SET OUT AND DESCRIBED OYERp UNDER AND ACROSS THE FOLLOWING DESCRIBED TRACT OF LAND : BEGINNING AT THE NORTHWEST CORNER, OF• THE TRACT FIRST 6EREINABOVE DESCRIBEOp THENCE NORTH A DISTANCE OF 200 FEET, TO A POINT FOR THE NORTHWEST CORNER OF THIS TRACT ; THENCE .EAST A DISTANCE OF 1005 FEET TO A POINT FOR THE NORTHEAST d�VhlQER. OF TH I S- TRACT ; THENCE SOUTH A DIST1%NaE OF 200 FEET TO A POINT IN THE NORTH LINE OP T1{E TRACT ,FIRST. HERE.INABOYE DESCRIBED FOR THE 66VU HEAST CORNER OF THIS TRACT; THENCE WEST A DISTANCE OF 1005 FEET FOR THE SOUTHWEST AND BEGINNING CORNER OF THIS TRACT, AND CONTAINING 4. 61 ACRES OF LAND. ram"' THE EASEMENTS FOUND AND DETERMINED TO BE NECESSARY AS ABOVE SET OUT ARE AS. FOLLOWS: ( A) A PERPETUAL AVIGATION EASEMENT AND RIGHT OF WAY FOR THE UNOBSTRUCTED AND UNRESTRICTED FLIGHT OF AIRCRAFT INS THROUGH AND ACROSS THE AIR SPACE OVER AND ABOVE THE TRACT OF LAND LAST HEREINABOVE DES— CRIBED AT ANY AND ALL ALTITUDES OR HEIGHTS ABOVE THE SURFACE ' OF _THE, LAND TOGETHER WITH THE RIGHT TO PREVENT THE ERECTION OR MAINTENANCE OF ANY BUILDINGS STRUCTURESS OBJECTS AND FACILITIES AND THE RIGHT TO PREVENT THE GROWTH OF TREES AND OTHER VEGETATION UPON THE LANDS OTHER THAN NORMAL AGRICULTURAL CROPS WHICH DO NOT EXCEED A HEIGHT OF SIX ( 6) FEET ABOVE THE' SURFACE OF THE LANDS AND THE RIGHT TO PREVENT ANY USAGE OF THE LAND IN ANY MANNER THAT MIGHT ;F. " ATT.RACT OR BRING TOGETHER AN ASSEMBLY OF PERSONS wTHRONS TOGETHER WITH THE RIGHT OF ENTRY FOR THE 1} .�:p1}SE OF REMOVING AND PREVENTING THE CONSTRUCTION "OR°­tRECTION OF ANY BUILDINGS9 STRUCTURES AND FACI— LITIES AND THE GROWTH OF ANY TREES$ VEGETATION AND OTHER OBJECTS UPON THE LAND .OTHER THAN THOSE HEREIN EXPRESSLY EXCEPTED. ( B) THE F'REE . AND 'UNINTERRUPTED ,USE, LIBERTY AND PRIVILEGE OF PASSAGE, IN, ALONG, OVER, UNDER, UPON AND ACROSS A TRACT OF LAND OUT OF THE TRACT LAST HEREINABOVE DE— SCRIBED, WHICH STRIP OF LAND IS DESCRIBED AS FOLLOWS, TO—WIT: BEGINNING AT A POINT 427. 5 FEET EAST (E) OF THE SOUTHWEST (SW) CORNER OF THE 4. 61 ACRE TRACT LAST HEREINABOVE DESCRIBED, FOR THE SOUTHWEST (SW) AND BEGINNING-.POFNT OF THIS TRACT; THENCE NORT'VIk DISTANCE OF 200 FEET TO A POINT FOR THE NORTHWEST CORNER OF THIS TRACT; THENCE EAST A DISTANCE OF 150 FEET TO A POINT FOR THE NORTHEAST CORNER OF THIS TRACT; THENCE SOUTH ,,,A,,;1QjjSTANCE OF 200 FEET TO A POINT FOR THE SOUTHEAST CORNER OF' TH I S TRACT; THENCE WEST X'�-61"StANCE OF 150 FEET TO THE SOUTHWEST AND BEGINNING POINT OF THIS TRACT. THE FREE AND UNINTERRUPTED USESs LIBERTIESS PRIVILEGES AND RIGHTS SO ACQUIRED SHALL PERMIT THE CONSTRUCTION, ERECTION , MAINTENANCE, OPERATION AND USE ON , OVER AND ACROSS SAID LAND OF A HIGH INTENSITY APPROACH LIGHT— ING SYSTEM AS A NAVIGATIONAL AND APPROACH AID FOR AIRCRAFT TO THE LUBBOCK MUNICIPAL AIRPORTS INCLUDING OSEZ57C, THE RIGHT TO LAY AND MAINTAIN UNDERGRDUND ELECTRICAL, POWER LINES AND SYSTEMS FOR THE PURPOSE OF FURNISH— ING ELECTRICAL POWER TO SUCH LIGHTING SYSTEMS AND IN— CLUDING THE RIGHT TO ERECT POLESO STANDARDS AND ELEC— TRICAL FIXTURES., CONDUITS,#TRANSFORMERSg GUY WIRES AND OTHER ELECTRICAL EQUIPMENT AND. AIDS - NECESSARY TO - THE PROPER FUNCTIONING AND MAINTENANCE OF SAID LIGHT— ING SYSTEMS AND FURTHER WITH THE RIGHT TO MAKE IM— PROVEMENTS AND REPAIRSO REPLACEMENTS AND ADDITIONS TO SUCH SYSTEMj_ EQUIPMENT AND PROPERTIESO TOGETHER WITH THE RIGHT OF FREE INGRESSO EGRESS AND REGRESS TO AND FROM SAID ITEMS., EQUIPMENT AND PROPERTIES AS MAY BE NECESSARY AND CONVENIENT AT ALL TIMES AND - SEASONS FOREVERO INO ALONG., UPON., UNDER AND ACROSS SAID LANDO IN COMMONS HOWEVERS ' WITH THE OWNERSp THEI-R TENANTS., - HEIRS AND ASSIGNS; PROVIDEDS HOWEVER., THAT SAID' IM— PROVEMENTS ABOVE REFERRED TO' SHALL BE- CONSTRUCTED AND MAINTAINED IN A MANNER WITH AS LITTLE DAMAGE TO SAID PREMISES AS MAY BE PRACTICAL, CONSIDERING THE NATURE OF THE CONSTRUCTIONS IMPROVEMENTSO ADDITIONS9 OPERATION AND MAINTENANCE; TOGETHER -WITH THE RIGHT Tt ERECT, CONSTRUCT AND MAINTAIN A ROADWAY OR ROAD— WAYS OVER AND ACROSS SAID LAND FOR THE PURPOSE OF CARRYING OUT THE ABOVE AND FOREGOING RIGHTSs •PRIVI— L' EGESS" LIBERTIES" AND USES2 PROVIDED, HOWEVERS THAT SAID ROADWAYS MAY BE USED IN COMMON WITH THE OWNERSO THEIR TENANTSS HEIRS AND ASSIGNS. NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCKs TEXAS THAT: ALL PREVIOUS FINDINGS AND RESOLUTIONS OF THIS COMMISSION "WITH REGARD TO HERETOFORE KNOWN" .TRACTS- ( B.) .AND ( E) AS CLEAR ZONES FOR THE LUBBOCK MUNICIPAL AIRPORT ARE HEREBY RESCINDED AND THE SPECIAL ATTORNEYS FOR THE CITY OF LUBBOCK., CROSLIN- & PHARR, ARE HEREBY AUTHORIZED AND DIRECTED TO DISMISS .THE ACTION KNOWN AND STYLED AS CAUSE N0. 80350 CITY OF LUB'BOCK VS. C. E. HOBGOODS ET ALp ON. TH.E DOCKET OF THE CO.VNTY. COURT AT LAW OF. L.UBBOCK COuftrx TEXAS. UPON MOTION OF COMMISSIONER BAKERS -SECONDED BY COMMISSIONER CASEYp THE FOREGOING RESOLUTION WAS APPROVED BY UNANIMOUS VOTE OF THE CITY COMMISSION- OF THE CITY OF LUBBOCK THIS. THE -22ND DAY OF AUGUSTS 1957.` S. S. FORRESTy MAYOR b_ J r 7 'S ATTEST: � r l� _ LA . ENIA LOWE , CITY SECRETARY THE STATE OF TEXAS Q COUNTY OF LUBBOCK 0 I , LAVENIA LOWE, CITY SECRETARY OF THE CITY OF LUBBOCK , TEXAS, HEREBY CERTIFY THAT THE ABOVE AND FOREGOING INSTRUMENT IS A TRUE AND CORRECT COPY OF A RESOLUTION PASSED BY THE CITY COMMISSION ON THE 22ND DAY OF AUGUST, 1957. By LAVENIIZ LOWE, CITIK SECR TARP APPROVED PRIOR TO ADOPTION VAUGHif E. WILSON , CITY ATTORNEY CROSLIN & PHARR SPECIAL CITY ATTORNEYS BY � _�14