HomeMy WebLinkAboutResolution - 112657G - Acquisition Of Properties & Easements Necessary For Airport - Sec 36 Block A - 11_26_1957 57
RESOLUTION
WHEREAS, THE CITY COMMISSION OF THE CITY OF LUBBOCK, TEXAS
AID HERETOFORE BY RESOLUTIONS RECORDED IN THE MINUTES OF SAID
COMMISSION FIND AND DETERMINE. THAT 'CERTAIN ADDITIONAL RUNWAY
CLEAR ZONES WERE ESSENTIAL FOR THE CONTINUED OPERATION OF LUB—
BOCK MUNICIPAL AIRPORT , AND WERE REQUIRED FOR PUBLIC CONVENIENCE
ANDINECESSITY AND WERE REQUIRED FOR THE, PRESERVATION OF THE
PUBLIC SAFETY OF THE USERS AND NEIGHBOR'S OF THE LUBBOCK MUNI—
CIPAL AIRPORT, AND
WHEREAS, PURSUANT TO SUCH DETERMINATIONS AND ACTION, THE
CITY COMMISSION OF THE CITY OF LUBBOCK, TEXAS DID ON APRIL 12s
1956 AS SHOWN IN RESOLUTION *OF THAT DATE, AUTHORIZE THE RICHIT
OF WAY AGENT OF THE CITY OF LUBBOCK, TEXAS TO OFFER THE OWNERS
OF TRACTS( D ) , AS SHOWN ON PLAT ATTACHED TO SUCH RESOLUTION , A
SUM DETERMINED TO ❑t THE APPRAISED AND FAIR VALUE OF SAID TRACT
( D ) AND SAID OFFER WAS MADE AND REFUSED, AND
WHEREAS, ON DULY 26/ 1956 BY RESOLUTION OF THAT DATE, THE
CITY COMMISSION AUTHORIZED AND DIRECTED THE INSTITUTION OF
LECAL PROCEEDINCS 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
DE NECESSARY, ALL IN ACCORDANCE WITH PRIOR RESOLUTIONS OF THE
CITY COMMISSION FOUND AND RECORDED IN THE MINUTES THEREOF, AND
WHEREAS, IT HAS DEEN FOUND AND DETERMINED AND SUCH FINDING
AND DETERMINATION 1S HFRE MADE, THAT- A LESSER ESTATE IN SAID
TRACT ( D) ABOVE REFERRED TO IS REQUIRED FOR THE PURPOSES OF ES—
TABLISHING SAID RUNWAY CLEAR ZONES, AND THE COMMISSION NOW FINDS
AND DETERMINES THAT TOE FOLLOWINO ESTATES IN AND TO THE FOLLOW—
ING DESCRIBED LANDS WILL ADEQUATELY PROVIDE THE CLEAR ZONE PRO—
TECTION REQUIRED AND ARE NECESSARY FOR THE CONTINUED OPERATION
OF THE LUBBOCK MUNICIPAL AIRPORT, ARE REQUIRED FOR THE PRESERVA—
TION OF THE PUBLIC SAFETY OF THE USERS AND NEIGHBORS OF THE
LuBBOCK, TEXAS MUNICIPAL AIRPORT, SUCH ESTATES AND LANDS BEING
DESCRIBED AS FULLOWSS
( I ) EASEMENTS AS 'HEREINAFTER SET OUT AND DESCRIBED d
OVER, UNDER — AND ACROSS THE ,FOLLIOWIN� DESCRIBED
TR AC•T OF LAND SITUATED i N,'LU BEOCK COU:N*rY, TEXAS: 4
COMMENCING AT A ONE INCH .IRON PIPE SET FOR THE
SOUTHWEST CORNER OF -THE SOUTHEAST QUARTER (SE/4)
OF SECTION THIRTY—six (36)., BLOCK A, LUBBOCK
COUNTY, TEXASV FOR THE SOUT-HEAST , (SE) AND BEtjlN—
'� KING CORNER Or , THIS TRACT;
THENCE NORTH A DISTANCE OF 790. 0 FEET TO A POINT
FOR THE NORTHEAST (NE) CORNER OF THIS TRACT;
THENCE WEST A DISTANCE OF 883. 6 FI~ET TO A POINT
FOR THE NORTHWEST ( NW) CORNER OF THIS TRACT;
THENCE SOUTH A DISTANCE OF 790. 0 FEET TO A POINT
FOR THE SOUTHWEST (SW) CORNER OF THIS TRACT,
THENCE EAST A DISTANCE OF 883. 6 FEET TO THE POINT
OF DEG I NNi NG'. -CONTAINING 1 6'. 02 ACRES OF LAND.
THE EASEMENTS FOUND AND DETERMINED TO BE NECESSARY AS SET
OUT ABOVE ARE AS FOLLOWS;
FOR THE PROPERTIES HEREINABOVE DESCRIBED UNDER
( t ) , A PERPETUAL . AVIGATION -EASEMENT AND RIGHT O.F
WAY FOR THE UNOBSTRUCTED AND UNRESTRICTED FLIGHT
OF AIRCRAFT INP THROUGH AND ACROSS THE AIR SPACE
OVER AND ABOVE THE TRACT OF LAND FIRST HEREINABOVE
DESCRIBED AT ANY AND ALL ALTITUDES OR HEIGHTS
ABOVE THE SURFACE OF THE LAND TOSETfIER WITH THE
RIGHT TO PREVENT THE ERECTION OR MAINTENANCE OF
ANY BUILDINGSp STRUCTURE SS OBJECTS AND FA0ILITItS
AND THE RIGHT TO PREVENT THE GROWTH OF TREES AND
OTHER VEGETATION UPON THE LANDp OTHER 'T14AN NORMAL
AGRICULTURAL CROPS WHICH DO NOT EXCEED A HEIGHT
OF SIX (6.) FEET .ABOVE THE SURFACE OF THE LANDS AND
THE -`R'IGHT TO PREVENT ANY USAGE OF' THE LAND IN ANY
MANNER THAT MIGHT ATTRACT OR . BRINC TOCET OCR AN
ASSEMBLY OF PERSONS THEREONp TOGETHER WITH THE
RIGHT OF ENTRY FOR THE PURPOSE OF REMbtrINC AND PRE-
VENTING THE .CONSTRUCTION OR ERECTION OF ANY BUI LD-
INGSp STRUCTURES AND FACILITIES AND THE GROWTH OF
ANY TREESp VEGETATION AND [ATHER OBJECTS UPON THE
LAND OTHER''THAN THOSE HEREIN EXPRESSLY EXCEPTED.
(2) EASEMENTS AS HEREINAFTER SET OUT AND .DESCRI.SED
OVERp UNDER AND ACROSS THE FOLLOWING DESCRIBED
TRACTS OF LAND SITUATED IN LUBBOCK COUNTYO TEXAS:
COMMENCING AT THE SOUTHWEST (SW) CORNER OF THE
TRACT FIRST HEREINABOVE DESCRIBED
THENCE_ EAS.T A DISTANCE OF 425 FEET TO A POINT
FOR THE SOUTHWEST (SW) CORNER OF THIS TRACT;
THENCE NORTH A DISTANCE OF I , 180 FEET TO A POINT
FOR THE NORTHWEST ( N.W') CORNER OF THIS TRACT; .
THENCE EAST A DISTANCE OF 150 FEET TO A POINT
FOR THE NORTHEAST (NE) CORNER OF THIS TRACT;
THENCE SOUTH A DISTANCE OF 1 .4180 FEET TO A POINT
IN :THE SOUTH :LINE OF , THE TRACT FIRST HEREINABOVE
DESCRIBED FOR THE' SOUTHEAST ( SE) CORNER OF THIS
TRACT;
THENCE WEST A DISTANCE OF 150 FEET TO A POINT
FOR THE SOUTHWEST ('SW) AND BEGINNING CORNER OF
THIS TRACTp AND CONTAINING 4. 07 ACRES OF ;LAND.
THE . EASEMENTS FOUND AND DETERMINED TO BE NECESSARY AS ABOVE
SET OUT ARE AS FOLLOWS:
I�
FOR THE. PROPERTIES HEREINABOVE DESCRIBED UNDER
THE FREE AND UNINTERRI3DPTED USES, LIBERTIES, PRIVILE—
GES AND RIGHTS SO ACQUIRED SHALL PERMI-T THE CONSTRUCT—
ION, ERECTION , MAINTENANCE, OPERATION AND USE ONE
OVER AND ACROSS SAID LAND OF A HIGH INTENSITY APPROACH
LIGHTING SYSTEM AS A NAVIGATIONAL': AND APPROACH AID
FOR AIRCRAFT TO THE LUBBOCK MUNICIPAL AIRPORT, IN—
CLUDING THE RIGHT TO LAY AND MAINTAIN UNDERGROUND
ELECTRICAL POWER LINES AND SYSTEMS FOR THE PURPOSE OF
FURNISHING' ELECTRICAL POWER TO SUCH LIGHTING SYSTEM,
AND INCLUDING THE RIGHT TO ERECT POLES, STANDARDS AND
ELECTRICAL FIXTURES, CONDUfTSp TRANSFORMERS., GUY WIRES
AND OTHER ELECTRICAL EQUIPMENT AND AIDS NECESSARY TO
THE PROPER FUNCTIONING AND ' MAINTENANCE OF SAID LIGHT—
ING SYSTEM , AND FURTHER WITH THE RIGHT TO MAKE IMPROVE—
MENTS AND REP A I RSj RE'PL.A.CEMENTS AND ADDITIONS TO SUCH
SYSTEM, EQUIPMENT AND PROPERTFESo TOGETHER WITH THE
RIGHT qF FREE INGRESS, EGRESS AND REGRESS TO AND FROM
SAWD ITEMSp EQUIPMENT AND PROPERTIES AS MAY BE NECESS—
ARY AND CONVENIENT AT ALL TIMES AND ' SEASONS FOREVER,
IN , ALONG, UPON, UN'�ER ' AND ACROSS SAID LAND, IN COMMON , .
HOWEVER, WITH THE OWNERS, THEIR TENANTS: HEIRS AND
ASSIGNS; PROVIDED, HOWEVER, THAT SAID IMPROVEMENTS
ABOVE REFERRED TO SHALL BE CONSTRUCTED AND MAINTAINED
IN A MANNER WITH AS I- I.TTLE DAMAGE TO SAID PREMISES AS
MAY BE PRACTICAL CONSIDERING THE NATURE OF THE CONST—
RUCTION, IMPROVEMENTSA ADDITIONS, OPERATION AND MAIN—
TENANCE'; 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 FOREGOING RIGHTS, PRIVILEGES., LIBERTIES , AND USES,
PROVIDED, HOWEVER, THAT SAID .ROADWAYS MAY BE USED IN
COMMON 'WIT:H THE OWNERS, THEIR TENANTS, HEIRS AND .
ASSIGNS.
W.HEREASq APPRAISALS HAVE BEEN SECURED AND THIS COMMISSION
FINDS THAT THE APPRAISALS ARE A FAIR AND REASONABLE APPRAISAL
OF THE VALUE OF SAID PROPERTY., PROPERTY RIGHTS AND EASEMENTS,
ALL AS ABOVE SET OUT AND DESCRIBED, AND
WHEREAS, THERE IS AN EMERGENT NEED FOR THE ABOVE DESCRIBED
PROPERTIES, EASEMCNTS AND PROPERTY RIGHTS;
NOW THEREFORE
BE `IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
LUBBOCK, TEXAS THAT:
SECTION . [ .-
ALL PREVIOUS FINDINGS AND RESOLUTIONS OF THIS COMMISSION
WITH REGARD TO HERETOFORE KNOWN TRACT: ( D) AS OL.EAR ZONES
FOR THE LUBBOCK 'MUNICIPAL AIRPORT ARE HEREBY RESCINDED.
L
SECTION 2;
THIS COMMISSION HEREBY FINDS AND; DETERMINES THAT THERE IS
AN EMERGENT PUBLIC CONVEWIENCE AND NECESSITY REQUIREMENT
AND PUBLIC SAFETY NEED FOR THE ACQUISITION OF PROPERTIES2
EASEMENTSp 'AND PROPERTY RIGHTS AS HEREINABOVE SET OUT FOR
THE PRESERVIAT16N AND PROTECTION OF TH1E 'LUBBOCK MUNICIPAL
AIRPORT.. ITS USERS AND PEIGH,BORS.
SECTION 3:
THE SPECIAL ATTORNEYS FOR THE Cd Tl?: OF LUBBOCKI CROSI- IN &
PHARRp ARE HEREBY AUTHORIZED AND DIkECTED T,O` MAKE FORMAL
OFFERS OF $710. 00 FOR THE - EASEMENTS-2 RIGHTS A.ND PRIVILEGES
OVERp CINDER AND ACROSS THE 16. 02 ACRE TRACT FIRST HEREIN—
ABOVE DESCRJBED , AND THE SUMEOF $.16500 FOR THE EASEMENTSp
RIGHTS AND PRIVILEGES OVERP UNDER AND ACROSS THE 4.07
ACRE TRACT S-Edit D; HER'E I NABOVE DESCR I BED, SUCH OFFERS TO
BE ` MADE TO THE OWNERS OF SAID LAND , FOR AND ON BEHALF OF
THE CITY . OF LUBBOCK. TEXAS., AND IN THE EVENT SAID OFFER
IS NOT ACCEPTED '.WITHIN TEN ( 10) DAYS FROM .T.HE DATE SUCH
OFFER , IS MADE AND COMMUNICATED TO SAID OWNERSy SAID' ATT—
ORNEYS ARE HEREBY AUTHORIZED AND DIRECTED TO INSTITUTE
LEGAL PROCEEDINGS IN CONDEMNATION IN THE NAME OF AND FOR
AND ON IEHALF OF THE CITY OF LUBBOCKp TEXAS- AGAINST''
BURNETTE J. T,HIELp CLARENCE P.. THIELp ROBERT W. THIEL AND
SINCLAIR OIL & REFINING COMPANY AND ALL OTHIERB KNOWN OR
FOUND TO HAVE AN INTEREST IN SUCH TRACTS OF LAND.
UPON MOTION OF COMMISSIONER Baker ., SECONDED BY COMMISSIONER
Casey s THE FOREGOING RESCLUTI 'ON WAS APPROVED BY UNANIMOUS VOTE
OF THE CITY COMMISSION OF THE CITY OF LUBBOCK THIS THE 26th
D A Y O F November , 1957.
. S. FORRESTo MAYOR
ATTEST
LAY IA LOWS, C1 Y SECRETARY
THE STATE OF TEXAS I
COUNTY OF LUBBOCK
I , LAVENIA LOWEp CITY SECRETARY OF THE CITY OF LUBBOCK,
TEXAS$ HERESY OERTI-FY THAT THE ABOVE. AND 'FOREGOING INSTRUMENT
IS A TRUE . AND CORRECT COPY OF A RESOLUTION PASSED BY THE CITY I
COMMISSION ON THE 26th DAY OF November , 1 457.
BYAW
LAVE XA LoWEO CI Y SEC ETARY
� 4
APPROVED PRIOR TO ADOPTION
VAU6H_ E. WILSON, CITY A TORNEY
CROSL.IN & PHARR
SPECIAL CITY ATTORNEYS
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