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HomeMy WebLinkAboutResolution - 112657F - Acquisition Of Properties & Easements Necessary For Airport - Sec 32 Block A - 11/26/1957 ,1 f RESOLUTION WHEREAS, THE CITY COMMISSION OF THE. 011T OF 'L>;tmmacK r I JID� THAT THE GENERAL SAFETQ AND WELFARE OF THE GENERAL PUBLIC RE-- QUIRES THE ACQUISITION OF CLEAR ZONES AND - EXTENSIONS THEREOF FOR THE PROTECTION `OF THE NORTH-SOUTH INSTRUMENT RUNWAY AT THE LODDOCK MUNICIPAL AIRPORTS AND WHEREAS, THE CITYrCOMMISS1ON OF THE, p1'ry OF LvbBOCK F1N$s THAT P' nLIC CONVENIENCE AND NECESSITY R.EQU.lht THE ACQUISITION OF CLEAR ZONES AND ,EXTENSIONS FOR THE PROTECTION OF THE NORTH— SOUTH INSTRUMENT RUNWAY AT THE LUBBOCK MUNICIPAL AIRPORT., AND WHEREAS$ APPRAISALS HAVE BEEN SECURED DETERMINING THE FAIR AND REASONABLE VALUE OF THE PROPERTI'ESS PROPERTY RIGHTSx AND EASEMENTS REQUIRED , FOR SUCH CLEAR ,ZONESp AND WHEREAS, THE CITY COMMISSW+OII• ',OF THE ' CITY OF LI715BOCK FINDS IT IS NECESSARY TO ACQUIRE THE. HIpR•EINAFTER DESCRIBED PROPERTY AND EASEMENTS FOR THE PUBLIC PURPOSE 0,15 PROTECTING THE NORTH— : CSOUTH INSTRUMENT RUNWAY AT THE LUCBOCK MUNICIPAL AIRPORT AND FINDS THAT IT IS NECESSARY TO ACQUIRE OLEAR ZONES FOR THE PRO— TECTION OF THE NORTH—SOUTH INSTRUMENT RUNWAY AT THE L' UdBOCK MUNICIPAL AIRPORT FOR SUCH PUBLIC PURPOSE. NOW THEREFORE BE IT R SOLVED BY THE CITY COMMISSION of THE CITY OF LUBSOC70 TEXAS THAT: SECTION I : THAT THE FOLLOWING DESCRIBED TRACT OF LAND AND INTEREST THEREIN IS NEEDED FOR THE PUBLIC PURPOSE OF EXTENDINQ, THE USE OF THE LUBBOCK MUNICIPAL AIRPORT AND FOR THE PROTEebT— ION OF THE AIRPORT PROPEIRTY AS WELL AS THE NEARBY RESIDENTS AND THAT THERE IS A NEED TO ACQUIRE THE FOLLOWING PROPERT- IESS PROPERTY RIGHTS AND EASEMENTS FOR THE EXTENSION OF THE NORTH—SOUTH INSTRUMENT RUNWAY AND AS CLEAR ZONES: ( A ) EASEMENTS AS HEREINAFTER SET OUT AND DESCRIBED OVERp UNDER AND ACROSS THE FOLLOWING DESCRIBED TRACT Cr, LAND SITUATED IN LUBQOCK, 000NTY, TEXAS; COMMENCING AT A €NE INCH IRON PIPE SET FOR THE NORTH-- EAST ( NE) CORNER OF THE NORTHWEST ONE—FOURTH (NW/4) ;F SAID SECTION 329 BLOOK A , THENCE' SOUTH ALON9 THE EAST LINE OF THE NORTHWEST ONE— FOURTH (NW/4) C8ECTION LINE,, A DISTANCE OF 19320 MEET TO A POINT FOR THE SOUTHEAST (U) CORNER OF THIS TRACT; r� THENCE WEST A DISTANCE OF 883. 6 FEET TO A POINT FOR THE SOUTHWEST (�SW) CORNER OF THIS TRACT; r Ary 142(o6lF THENCE NORTH A DISTANCE OF Io320 FEET TO A POINT FOR THE NORTHWEST (NW) CORNER OF THIS TRACT; THENCE EAST ALONG THE NORTH ,LINL O.F SAID SECTION 32, BLOCK A, A DISTANCE OF 883. 6 Pttr TO THE PLACE OF BEGINNINC.,o C'0'NTAINING 26.7758 ACR:.ES OF LAND . ( B ) EASEMENTS AS HEREINAFTER .SET OUT AND DESCRIBED OVER UNDER AND ACROSS THE FOLLOWING DESCRIBED TRACTS CF LAND SITUATED IN LUBBOCK GOUltTY, TEXAS ; COMMENCING AT THE SOUTHWEST (SW) CORNER OF THE TRACT FIRST HEREINABOVE DESCRIBEDO THENCE EAST A DISTANCZ OF 425 FEET TO - A POINT FOR THE SOUTHWEST ( SW) CORNER OF THIS TRACT; THENCE NORTH A DISTANCE OF I ,320 FEET TO A POINT FOR THE NORTHWEST ( NW) CORNER OF THIS TRACT; " THENCE EAST A DISTANCE OF 150 FEET TO A POINT FOR THE NORTHEAST (NE) CORNER OF THIS .TRACT.; - TRENCE SOUTH A DISTANCE OF 1 .,320 FEET TO A POINT IN THE SOUTH LINE OF THE TRACT FIRST HEREINABOVE DES— CRIBED FOR THE 'ROUTHEAST (SE) CORNER OF THIS TRACT; THE WEST A D I STANCE - OF -I 50 FEET TO A 'POINT FOR THE SOUTHWEST (Sint) "AND BEGINNING CORNER OF THIS TRACT, AND CONTAINING 4.33 ACRES OF LAND MORE OR LESS. THE EASEMENTS FOUND A-ND DETERMINED TO BE NECESSARY AS ^. ABOVE SET OUT ARE AS FOLLOWS: FOR THE ' PROPERTIES HEREINABOVE DESCRIBED UNDER ( A) , A PERPETUAL. AVIGATION EASEMENT AND RIGHT OF WAY FOR THE UNOBSTRUCTED AND UNRESTRICTED FLIGHT OF AIRCRAFT IN, THROUGH AND ACROSS THE AIR SPACE OVER AND ABOVE THE TRACT OF LAND FIRST HEREINABOVE DESCRIBED AT ANY AND, . ALL ALTITUDE$ OR HEIGHTS ABOVE ,THE SURFACE OF THE I-AND TOGETHER WITH THE �jICHT TO PREVENT THE ERECT— ION OR MAINTENANCE PF ANY BOILDINGS, STRUCTURES, OB— JECTS AND FACILITIES AND THE RIGHT TO PREVENT THE GROWTH OF TREES AND OTHER VEGETATION UPON THE LAND, OTHER THAN NORMAL AGRICULTURAL 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 TO— GETHER AN ASSEMBLY OF PERSONS THEREON, TOGETHER WITH THE RD6HT OF ENTRY FOR THE PURPOSEOF REMOVING AND PREVENT'INe, THE CONSTRUCTION OR ERECTION OF ANY BUILD— INGS, STRUCTURES AND FACILITIES AND THE GROWTH OF ANY TREES, VEGETATION AND OTHER OBJECTS UPON THE .LAND OTHER THAN THOSE HEREI"N EXPRESSLY " EXCEPTED . FOR THE PROPERTIES HEREINABOVE DESCRIBED UNDER ( B) , THE FREE AND UNINTERRUPTED 'USES, ' LIBERTIES, PRIVI— LEGES AND R.IG'HTS SO ACQUIRED SHALL PERMIT THE" CONSTR— UC`PION, ERECTION, MAINTENANCE, OPERATION AND USE ON, OVER AND ACROSS SAID LAND OF A HIGH INTENSITY APPROACH LJG19TING SYSTEM AS A NAVIGATIONAL AND APPROACH . AID FOR AIRCRAFT TO THE LUBBOCK MUNICIPAL AIRPORT, INCLUDING t w THE- RIGHT TO LAY AND MAINTAIN UNDERGROUND ELECTRICAL .POWER LINES AND SYS'TEM`S"FOR T,H'E PURPOSE OF FURN I SH— ING ELECTRICAL. POWER TO SUCH LIGHTING SYSTEMP AND INCLUDING THE RIGHT TO ERECT POLESp STANDARDS AND ELECTRICAL FIXTURESp C.ONDUITSo TRANSFORMERS, GUY WIRES AND OTHER ELECTRICAL EQUIPMENT AND AIDS NECESSARY TO THE ' PROPER FUNCTIONING AND MAINTENANCE "OF SAID LIGHT— INC SYSTEMo AND FURTHER WITH T•HE RIGHT TO MAKE IM— PROVEMENTS AND, RER,AIRSO REPLACEMENTS AND ADDITIONS TO SUCH SYST.EMj, EQUIPMENT AND P.ROPERTIESp TOGETHER WITH THE RIGHT" OF ' FREE i' NCOESSy EGRESS . AND REGRESS TO AND FROM SAID ITEMSp EQUIPMENT AND PROPERTIES AS MAY BE NECESSARY AND CONVENIENT AT ALL 'TIMES AND SEASONS FaREVERp INp ALONGp UPONp UNDER AND ACROSS SAID LAND, IN COMMON # HOWEVERp WITH THE OWNERS THEIR TENANTS, HEIRS. AND ASSIGNS; PROVIDEDp HOWEVERp THAT .SAID IM— PROVEME'NTS ABOVE REFERRED TO SHALL IIE CONSTRUCTED AND :MAINTAI, NED IN A MANNER WITH AS :LITTLE. DAMAGE TO SAID PREMISES AS MAY BE PRACTICAL` CONSIDERINC THE NATURE OF THE CONSTRUCTIONp IMPROVEMENTSp ADPITIONSp OPERATION AND MAINTENANCE ; TOGETHER WITH THE RIGHT TO ERECT} CONSTRUCT AND MAINTAIN A ROADWAY OR ROAD— WAYS. OVER AND ACROSS SAID , LAND :FOR THE PURPOSE OF CARRYING OUT THE ABOVE AND FOREGOING RIGHTSp PRIVI— LEGESp LIBERTIES AND USESp PROVIDED, HOWEVERI THAT SAID , ROADWAYS MAY BE: USED IN COMMON WITH THE OWNERSp THEIR TENA"NTSp HEIRS AND ASSIGNS. SECTION 2: THE SPECIAL ATTORNEYS FOR THE CITY OF LUBBOCK, CROSLIN & PHARRp ARE HEREBY AUTHORIZED AND DIRECTED TO MAKE -FORMAL OFFERS OF $ I , 975.00 FOR THE EASEMENTS, RIGHTS AND PR$V1— LEGES OVERp UNDER AND ACROSS THE 26-7758 ACRE TRACT FIRST HERE I NABOVE DESOR'I BED AND THE SUM Glr '$;1'75 ©O FOR THE EASE— MENTSI RIGHTS AND PRIVILEGES OVER., UNDER AND ACROSS THE 4.33 ACRE TRACT SECOND .HERE:INABOVE 'DESCRIBEDPSUCH OFFERS TO BE 'MADE TO THE OWNERS OF SAID LAND FOR AND ON BEHALF OF THE CITY OF LUBBOCK), TEXAS. "AND IN THE EVENT SAID OFFER IS NOT ACCEPTED WITHIN TEN ( 10) DAYS FROM THE DATE SUCH OFFER IS MADE AND COMMUNICATED TO SAID "OWNERSp SAID` ATTOR— KEYS ARE HEREBY AUTHORIZED AND DIRECTED TO INSTITUTE LEGAL PROCEEDINGS IN CONDEMNATION IN THE NAME OF AND FOR AND ON BEHALF OF_ THE CITY OF LUBBOCK., TEXAS ACA'INST GRACE .B. JONES'l THE A. M. BONES ESTATE ET AL AND . ALL OTHERS KNOWN OR FOUND TO HAVE AN INTEREST IN SUCHTRACTS OF LAND. UPON MOTH ON OF COMMISSIONER Baker f SECONDED : BY COMMISSI— ONER Casey ., THE FOREGOING RESOLUTION WAS APPROVED BY UN— ANIMOUS VOTE` OF - THE CITY OOMMISSiON OF THE CITY OF LUBBOCK THIS THE 26th DAY OF November , 1957. S. S. FORRESTI MAYO Zv 1pl- eask Awk ATTEST CC! LAVEN -A LOWEp C ftY SE RETARY THE STATE OF TEXAS COUNTY OF LUBBOCK I , LAVENIA LOWES CITY SECRETARY OF 'THE CITY OF LUBDOCKp TEXASS HEREBY CERTIFY THAT THE ABOVE AND FOREG01N8 INSTRUMENT IS A TRUE AND CORRECT COPY OF A RESOLUTION PASSED BY THE CITY COMMISSION ON THE . 26th DAY- OF Bhvember s 1957. I BY .— LAVENI LOWEp. CI'2fY SECRETARY �. APPROVED PRIOR,.TO ADOPTION VAUGHN . WILSONO CITY ATTORNEY CROSLIN & PHARR SPECIAL CITY ATTORNEYS • ��� • i I j . i I I I �I