HomeMy WebLinkAboutResolution - 112657E - Clear Zones Rescinded- Acquisition Of Properties & Easements Necessary- Airport - 11/26/1957 5
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gRESQUIT 1 ON
WgRE.AS4 THE. CITY COMMISSION OF THE CITY. OF LURRoG'Ki TEXAS
DID HERETOFORE SY R'ESOLUT I ODES REOORDF-D i l# TR:E M i NOT£S OF SAID
cOK" # S8I ON FIND. AND DETERMINE THAT RUNWAY
!>;LEAIR ZONE$ .1l &R;£ ESSENTIA.L. FOR THE CONTINUED OPERATION lorl- us-
B_00y, R.vv,t o i p At AIRPORT AND WERE REQ#I I RED FOR PUB,'L I O OORVE19 1 ENCE
ANId NEE;ES;SITY AND WERE REQU I REU P:OR THE PRESERVATION OF THE
PI#:flLJ O SAFETY OF THE USERS AND NE I CHBORS OF THE LU-88001c 144:1I I-
CfPA.} . A1.10PORT17. AI'D
W14EREAS,. PV Ra*ANT TO SUSH D£TERMINA"IONS AIRD. ACTION, THE
OI TY E3*MK SS.I O.N; OF rt4E eITY of Ltf BSOGK,,- TEXAS DID' om AFAR IL 121
196 AS• S*AIWN IN RES(t;F Utt ON OF THAT D_ATEp AUTHORIZE TRJE R 16:HT
OF WAY AQERT OF THE CITY of Lvaeot"irK, TEXAS TO. OFFER 'fk OWNERS
OF TRAVT' G)',, AS SHOW11- ON PLAT ATTAGRED TO SWOR f£SWLtFTISiNp A
SUM, OETER.NINED TO BE THE APPRAISED AND FAIR VALUE OF SAID TRACT
(0)' AND SAID OFFER WAS MADE ANS REFU SEQp ARID
W#1 REAS, sN JuLy 26, 1956 .BY RESOLIOTIS#I OF T#lAT DATEp THE
CITY COKMISSION AUTHORIZED AND DIREeTED 'THE iMSTITN' TION OF
:EG.AL rRos ED I I+Iss IN 04INDEMNATIOD1 IN THE NAME OF THE CITY OF
LP1a6'$aXo TEXAS FOR THE 004I.DERNATI ON Of SAID TRACTS OF LAND FOR
THE' USES ARD PURPOSES FOR WH I O'H IT WAS FOUND. AND DETERMINED TO
BE :NE0ESSAR'Y, ALL IN A*GORDANeE WITH PRIOR #R`ESIMNTIONS OF THE
CITY Ct)I'MI SSION 76AI fD AND RECORDED IN THE MINUTES THEREOFS A[tD
WHEREAS} IT HAS BEEN FOUND AND DETERMINED AND SUCIA F.11DING
AND DE'TERMINATtB.N 1S HERE MADE, THAT A LESSER ESTATE IN SAID
TRAOT ABOVE.* REFERRED TO IS IREgUA FRETS FOR THE PI#RP8SES 0f ES-
TABL I SH'I NB SA I$ R'UNeiAY- OL.EAR ZONESp AND THE COMMI S81 ON NOW :FINDS
AND DETERMINES T14AT THE FOLLOWING ESTATES. 19 AND TO THE FISL1,014-
IDI12 D.ESSRISED LANDS WILL ADEgUATELY PROVIbE THE .tSt4k-R Z0KE ,FRo-
TEOTI OlI ,REQN I IRZ0 AND ARE .NECESSARY FAIR TAPE SoNT t DIU90 OPERATION
OF TH.E Luaa#10lK- I'9K#B#PAL AIRPORT, ARE REQIIIIRED FOR T1<IE 0I;S;SER.#A--
TION OF .THE PUBLIC SAFETY OF THE USERS ARID *EiQliBORS OF THE
Lusaac.K, TExAs MUNICIPAL AIRPORT# S'HGH ESTATES AND LANDS SEINt
DESCRIBED A5 FOLLOWS:
1 ) EASEMENTS AS HEREINAFTER SET . OUT. AND DESOR 1 B£D
OVER$ UNDER AND ACROSS THE FOL.Lt3,VINA DESORI89D
TRA,ST OF LAND SITUATE-0 IN I-.L1I31 ooK COO-tTY, TEXAS.-
AT A ONE 1*91H IRON PIPE SET FOR THE NORTH--
EAST 60RIVE.R €1F THE NOiRTI#'WEST Olit--FOURTH (NW/4-)
OF. SAID SE O T I O li 3 2: ILL a o>iC A
THENCE SOUTH ALElNIQ THE EAST LINE OF THE: P409THWEST
ONE-FSURTfi (NW/4) SEGTIO.0 LI.� ES A DISTANCE OF 1 ,3.20
FEET TO A POINT FOR TH-E SOUTHEAST {SE} .00RNER OF
TM I S TRACT;
2 02
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IS
THENCE_ WEST A DISTANCE OF 883.6 - FEET TO A POINT FOR
THE SOUTHWEST ($W) CORNER OF THIS TRACT;
THENCE NORTH A DISTANCE OF 1 .320 FEET TO A POINT FOR
THE. NORTHWEST (NW)-,.CORNER OF THIS TRACT;
THENCE EAST ALONG THE NORTH LINE OF SAID SECTION 32.,
BLOCK A, A DISTANCE of 863. 6 FEET. TO THE PLACE OF
BEGINNINGO CONTAINING 26.7758 ACRES OF LAND .
THE EASEMENTS FOUND AND DETERMINED TO BE NECESSARY AS ABOVE
SET OUT ARE AS FOLLOWS:
FOR THE PROPERTIES HEREINABOVE DESCRIBED UNDER ( I ) , A
PERPETUAL AVIGATION EASEMENT AND RIGHT OF WAY FOR THE
UNOBSTRUCTED AND UNRESTRICTEDFLIGHT OF AIRCRAFT INO
THROUGH AND ACROSS THE AIR SPACE OVER AND ABOVE THE
TRACT OF LAND FIRST KHEREINABOVE DESCRIBED AT ANY AND
ALL ALTITUDES OR HEIC,HTS ABOVE THE SURFACE-, OF THE LAND
TOGETHER WITH THE ,RICHT TO PREVENT ,THE 'ERECTION OR
MAINTENANCE OF ANY BUILDINGS,, STRUCTURES OBJECTS AND
FACILITIES AND THE RIGHT TO PREVEN'T ''THE CROWTH OF TREES
AND OTHER VEGETATION UPON THE LANDO OTHER THAN NORMAL
ACRICULTURAL .CROPS WHICH DO NOT EXCEED A HEIGHT OF SIX
( 6) FEET ABOVE THE SURFACE OF THE LAND] AND THE RIGHT
To PREVENT ANY USAGE . OF. THE LAND IN ANY MANNER THAT
MIGHT ATTRACT OR BRING TOGETHER AN ASSEMBLY O F • PERSONS
THEREONO TOGETHER WITH THE RIGHT OF ENTRY FOR THE PUR—
POSE OF REMOVING AND ' PREVENTINC THE CONSTRUCTION OR
ERECTION OF ANY BUILDINGSO STRUCTURES AND FACILITIES
AND THE GROWTH OF ANY TREES, VEGETATION AND OTHER OB—
JEOTS UPON THE LAND OTHER THAN THOSE HEREIN EXPRESSLY
EXCEPTED.
(2) EASEMENTS AS HEREINAFTER SET OUT AND DESCRIBED OVER,
UNDER AND ACROSS THE FOLLOWING DESCRIBED TRACTS OF
LAND SITUATED IN LUBBOCK COUNTYo TEXAS:
COMMENCING AT THE -SOUTHAVEST (SW) CORNER OF THE TRACT
FIRST HER;EINABOVE DESORIBEDO
THENCE EAST A DISTANCE OF 425 FEET TO A POINT FOR 'THE
SOUTHWEST (SW) CORNER OF THIS TRACT;
THENCE ,.NORTHA , D1STANCE. OF 11320 ' FEET TO ' A POINT FOR
THE NORTHWEST (NW) CORNER OF THIS TRACT;
THENCE EAST A D15TAN'CE Or 150 FEET TO, A POINT FOR THE
NORTHEAST (NE) -CORNER OF .,THIS TRACT;
THENCE SOUTH A DISTANCE OF 1 .9320 FEET TO A POINT IN
THE SOUTH LUNE OF THE TRACT FIRST •HEREINABCVE DESCRIBED '
FOR THE SOUTHEAST (SE) CORNIER OF THIS TRACT;
THENCE WEST ;A DISTANCE of - 150 FEET TO A POINT FOR THE
SOUTHWEST "(SW) AND BEGINNING CORNIER OF. THIS TRACTp AND
CONTAINING 4..33 ACRES OF LAND MORE OR LESS.
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THE EASEMENTS FOUND AND DETERMINED TO BE NECESSARY AS ABOVE
SET OUT AEE AS FOLLOWS:
FOR THE PROPERTIES HEREINABOVE DESCRIBED UNDER (2) ,
THE FREE AND UNINTERRUPTEDUSES. iL18ERTIESg PRIVILEGES
AND RIGHTS SO ACQUIRED SHALL PERMIT THE CONSTRUCTION
ERECTIONS MAINTENANCES OPERATION AND USE,. ONp O-V.ER AN'D
ACROS8 SAID..,LAND OF A HIGH INT_EGLSI..TY APPROACH LIGHT
ING SYSTEM AS A NAVIGAT10NAL AND APPROACH AID FOR
AIRCRAFT TO THE LUBBOCK MUNICIPAL AIRPORTS INCLUDING
THE RIGHT ,TO LAY AND MAINTAIN' UNDERGROUND ELECTRICAL
. POWER LINES AND SYSTEMS FOR THE PURPOSE OF FURNISHING
ELECTRICAL P I
-OWER TO SUCH LIGHTNG SYSTEMpr-gND INCLUD-
I.N.G,,,THE RIGHT TO ERECT POLES., STANDARDS AND ELECTRICAL
FIXTURESS CONDUITS., 'TRANSFORMERS. GUY WIRES , AND OTHER
ELECTRICAL EQUIPMENT AND AIDS NECESSARY .TO THE ,PROPER
FUNCTION .ING .AND MAINTENANCE OF SAID LIGHTING SYSTEMS
AND FURTHER WITH THE RIGHT TO MAKE IMPROVEMENTS AND
REPAIRS. REPLACEMENTS AND ADDITIONS TO SUCH SYSTEM,
EQUIPMENT AND PROPERTIESs TOGETHER. WITH THE RIGHT OF
FREE I, NG.RESSp EGRESS AND REGRESS TO AND' FROM SAID
ITEMSp .EQUIPMENT AND PROPERTIES AS MAY BE NECESSARY
AND, CONVENIENT AT .ALL , TIMES AND SEASONS ;FOREVERg IN.,
ALOK p UPONp UNDER AND ACROSS SAID LAND# IN COMMON.,
HOWE �Rp WITH THE OWNERSp THEIR TENANTSp HEIRS AND
ASSIPNS PROVI:DEDp , HOWEVERo THAT . SAID IMPROVEMENTS
ABOVE REFERRED TO SHALL BE CONSTRUCTED AND MAINTAINED
IN A MANNER . WITH AS LITTLE DAMAGE TO SAID PREMISES AS
MAY BE .PRACTJC.AL CONSIDERING THE NATURE OF THE CONSTRU—
^CTION., I-MPROVEM`ENTSS, ADDITIONS., OPERATION AND MAINTEN—
ANCE ;. TOGETHER WITH THE_ RIGHT TO ERECT, CONSTRUCT AND
MAINTAIN A ROADWAY OR - ROADWAYS OVER AND ACROSS SAID
LAND FOR THE PURPOSE OF CARRYING OUT THE ABOVE AND
FOR GOING RI.GHTSS PRIVILEGES LI
BERTIES AND USESg
PROtIbEDS HOWEVERo THAT SAID ROADWAYS MAY BE USED IN
COMMON WITH THE "OWNERS., THEIR TENANTSg HEIRS AND
ASSIGNS.
WHEREAS, , APPRAISALS HAVE BEEN SECURED AND T806. COMMISSION
FINDS THAT.'THE APPRAISALS ARE A FAIR AND REASONA6LE APP.RA'ISAL
QF THE VALUE OF SAID PROPERIPY., , PROPERTY RIGHTS AND EASEMENTS
ALL AS ABOVE SET OUT AND DESCRIBED., AND
WHEREAS., THERE IS AN EMERGENT NEED FOR THE ABOVE DESCRIBED
PROPERTIESS EASEMENTS AND PROPERTY . RIGHTS.;
NOW -THEREFORE
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
LUBBOCKs TEXAS THAT:
f
SECTION I :
ALL PREVIOUS FINDINGS AND RESOLUTIONS OF THIS COMMISSION
WITH REGARD TO. HERET,OFORE KNOWN TRACT (C) AS CLEAR ZONES
FOR THE LUBBOCK MUNICIPAL AIRPORT AREHEREBY RESCINDED.
SECTION 2:
THIS COMMISSION HERED'Y FINDS AND DETERMINES THAT THERE IS
AN EMERGENT PUBLIC CONVENIENCE AND NECESSITY REQUIREMENT
AND PUBLIC SAFETY NEED FOR THE ,ACQUISITION OF PROPERTIES.v
EASEMENTS., AND -PROPERTY R 1 6HTS , AS ,HEREI*NABOVE SET OUT FOR
THE PRESERVAT.ION , AND PROTECTION OF .T:NE LUBBOCK MUNICIPAL
AIRPORT, ITS USERS AND `NEIGNBORS .
SECTION 3:
THE SPECIAL ATTORNEYS FOR 'THE CITY OF LUBBOCK,$ CROSLI N &.
OFFERS OF I I'TS-. 00 FOR. ..THE EAND DLRECTED TO MAKE FORMAL
PHARRp • ARE HEREBY AUTHORIZED A
. $ ,' SEMENTSP R,I„eHTS AND' PR I VI—
LEGES OVERV UNDER AND ACROSS THE 26. (75.8 ACRE , TRACT 'FIRST I
HEREINA.BOVE DESCRIBED AND THE SUM OF $ 175.00 FOR THE EASE—
MENTS, R16HTS AND PRIVILEGES OVERs UNDER AND ACROSS THE
4.33 ACRE TRACT SECOND HEREINABOVE DESCRIBED., . SUCH OFFERS
TO BE MADE TO THE OWNERS OF SAID ' LAND , FOR AND Ok 9EHALF
OF THE . CITY OF LUBBOCK, TEXAS� , AND IN THE EVENT SAID OFFER
IS NOT ACCEPTED ,W itH.I N TEN (, 1'O} DAYS..FROM THE DATE SUCH
OFFER I S MADE AND COMMUN,I C,AJiED` Tb_ SAID 6WNERSV SAID ATTOR—
.NEYS ARE HEREBY AUTHORIZED AND DIRECTED 1'0-` INSTITUTE LEGAL .
PROCEEDINGS IN CONDEMNATION IN THE -NAME OF AND FOR AND ON
BEHALF OF THE CITY OF ' LUBBOOKS TEXAS AGAINST. GRACE 13.
JONESS THE A. M. JONES ESTATE ET ' AL AND ALL ' OTHERS KNOWN
OR FOUND TO HAVE, AN INTEREST IN SUCH TRACTSIOF LAND.
UPON MOT I ON OF COMM I SS I ONER• Baker pSE-CONDED BY COMM I SS i—
ONER Casey 0 THE , FORE60IN0 RESOLUT10N WAS APPROVED BY
UNANIMOUS VOTE OF THE CITY COMMISSION OF THE CITY OF LUB
BOCK THIS THE 26th DAY OF November , 1'957.
S. S. FOR.REST., MAYO "'
ATTEST.
LAVEN IGA LOWE, CIT SECRI=TARP
ll ��
THE STATE OF TEXAS j
"COUNTY OF LUBBOCK j
1s LAVENIA LOWED CITY SECRETARY OF THE ,CITY OF -LUBBOCK'
TEXAS, HEREBY CERTIFY THAT THE ABOVE A-ND FOREGOING INSTRUMENT
IS A TRUE AND CORRECT COPY OF A RESOLUTION PASSED BY THE CITY
COMMISSION ON THE 26th DAY OF lbvember. ' 1957.
. BY �I L
LAVEN A LOWS, q1 TY 'SECRETARY
APPROVED PRIOR TO ADOPTION
V`AUCHN • W-ILSONP CITY ATTORNEY
CR09LIN & PHARR
SPECIAL CITY ATTORNEYS
BY: