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Home My WebLink AboutResolution - 112657L - Acquisition Of Properties & Easements For Airport - 11_26_1957 I << " -RESOLUTION WHEREAS, THE CITY COMMISSION OF THE IPITY OF LUBBOCK FINDS THAT THE GENERAL SAFETY AND 'WELFAKE OF THE GENERAL PUBLIC REQUIRES THE ACQUISITION OF CLEAR ZONES AND EXTENSIONS THEREOF rI FOR THE PROTECTION OF THE NORTH;-SOUTH INSTRUMENT RUNWAY AT THE LUBBOCK MUNICIPAL AIRPORTp AND WHEREAS, THE CITY COMMISSION OF THE CITY OF LUBBOCK FINDS THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE 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 PROPERTIESp PROPERTY RICHT'sp AND EASEMENTS REQUIRED FOR SUCH CLEAR ZONESp AND WHEREAS, THE CITY COMMISSION OF THE CITY OF •LUBSOCK FINDS IT IS NECESSARY TO ACQUIRE THE HEREINAFTER DESCRIBED PROPERTY AND EASEMENTS FOR THE PUBLIC PURPOSE OF PROTECTING THE NORTH- SOUTH INSTRUMENT RUNWAY AT THE LUBBOCK MUNICIPAL AIRPORT AND FINDS THAT IT IS NECESSARY TO ACQUIRE CLEAR ZONES FOR THE PRO- TECTION OF THE NORTH-ROUTH INSTRUMENT RUNWAY AT THE LUBBOCK MUNICIPAL AIRPORT FOR SUCH PUBLIC PURPOSE. I! NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCKs TEXAS THAT: SECTION I : THAT THE FOLLOWING DESCRIBED TRACTS OF LAND AND INTEREST THEREIN IS NEEDED FOR THE PUBLIC PURPOSE OF EXTENDING 1 THE USE OF THE LUBBO.CK MUNICIPAL AIRPORT AND FOR THE PRO- { TECTION OF THE AIRPORT .PROPERTY AS WELL AS THE NEARBY j RESIDENTS AND THAT THERE IS A NEED TO ACQUIRE THE FOLLOW- ING PROPERTIESp 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 TRACTS OF LAND SITUATED IN LUBBOCK COUNTY, TEXAS ; COMMENCING AT A ONE INCH IRON PIPE SET FOR THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER (SE'4' OF SECTION THIRTY-SIX (36) , BLOCK Ap LUBBOCK COUNTYp TEXASp FOR THE : SOUTHEAST ( SE) AND BEGINNING CORNER OF THIS TRACT ; Zo 4 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 FEET 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 BEGINNINGS CONTAINING 15492 ACRES OF LAND6 ( E) EASEMENTS AS HEREINAFTER SET OUT AND DESCRIBED OVER, UNDER AND ACROSS THE FOLLOWING DESCRIBED TRACTS OF' 'LAND SITUATED IN LUBBOCK COUNTYp TEXAS: COMMENCING AT THE SOUTHWEST (SW) CORNER OF THE TRACT FIRST HEREINABOVE DESCRIBEDS THENCE EAST A DISTANCE OF 425 FEET TO A POINT FOR THE SOUTHWEST, (SW) , CORNER OF THIS TRACT, THENCE NORTH A DISTANCE OF 1 , 180 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; THENCE SOUTH A DISTANCE OF 1 , 180 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 BECINNING ,CORNER OF ^ THIS TRACTS AND CONTAINING 4.07 ACRES OF LAND. THE EASEMENTS FOUND AND DETERMINED TO BE NECESSARY AS j ABOVE SET OUT ARE AS FOLLOWS: FOR THE PROPERTIES HEREINAEOVE DESCRIBED UNDER ( 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 FIRST.. HEREINAt3OVE 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 EUILDINGSp STRUCTURES1 OBJECTS AND FACILITIES AND THE RIGHT TO PREVENT THE GROWTH OF TREES AND OTHER VEGETATION UPON THE LAND, OTHER THAN NORMAL AGRI — CULTURAL 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 ATTRACT OR BRING TOGETHER AN ASSEMBLY OF PERSONS THEREON ' TOGETHER WITH THE RIGHT OF ENTRY FOR THE PURPOSE OF REMOVING AND PRE— VENTING THE CONSTRUCTION OR ERECTION OF ANY EUILD— INGSy STRUCTURES, AND FACILITIES AND THE GROWTH OF ANY TREESp VEGETATION AND OTHER OBJECTS UPON THE ,. LAND OTHER THAN THOSE HEREIN EXPRESSLY EXCEPTED. IM-09 _!I FOR THE PROPERTIES HEREINABOVE DESCRIBED UNDER (B) .. THI FREE AND UNINTERRUPTED USES, LIBERTIESS PRIVI — 'L EGES AND RIGHTS SO ACQU1RED' SHALL PERMIT THE CON— STRUCTIONS ERE-CTIONS MAINTENANCE$ OPERATION AND USE ONE OVER AND ACROSS SAID LAND OFA HIGH INTENSITY APPROACH 'L: IGHTING SYSTEM AS A NAVIGATIONAL AND APPROACH AID FOR AIRCRAFT TO TFIE"LUBBOCK MUNICIPAL AIRPORTp INCLUDING THE RIGHT TO LAY AND - MAINTAIN UNDERGROUND ELECTRICAL POWER LINES AND SYSTEMS FOR THE PURPOSE O� FURNISHING ELECTRICAL POWER TO SUCH (I LIGHTING SYSTEM. 'AND INCLUDING THE RIGHT TO ERECT I� POLESS STANDARDS AND ELECTRICAL FIXTURES, CONDUITS, I TRANSFORMERSS GUY, WIRES AND OTHER ELECTRICAL. EQUIP— MENT AND AIDS NECESSARY TO THE PROPER FUNCTIONING AND MAINTENANCE OF SAID LI_CHTFNG SrISTEMS AND FUR— THER WITH THE RIGHT TA MAKE IMPROVEMENTS AND RE— PAIRSS REPLACEMENTS AND ADDITIONS TO SUCH SYSTEM] EQUIPMENT AND PROPERTIES$ TOGETHE'R 'WITH THE RIGHT i OF -FREE INGRESSO EGRESS AND REGRESS TO AND FROM SAID ITEMSj, EQUIPMENT AND PROPERTIES AS MAY BE NEC— j ESSARY AND CONVENIENT AT ALL.. TIMES AND SEASONS FOR— EVERp INo ALONGO UP,ONO UNDER AND ACROSS SAID LANDO IN COMMON $ HOWEVERv WITH THE OWNERSO THEIR TENANTSO HEIRS AND ASSIGNS ; PROVIDEDO HOWEVER, THAT SAID IMPROVEMENTS 'ABOVE REFERRED TO SHALL BE CONSTRUCTED AND MAINTAINED IN A MANNER WITH AS LITTLE DAMAGE TO i SAID PREMISES AS MAY BE PRACTICAL CONSIDERING . THE NATURE OF THE CONSTRUCTION ., IMPROVEMENTS,, ADDITIONSp OPERATION AND MAINTENANCE; TOGETHER WITH THE RIGHT TO ERECTp CONSTRUCT AND MAINTAIN" A ROADWAY OR ROAD— ` WAYS OVER AND ACROSS SAID LAND FOR THE PURPOSE OF CARRYING OUT THE ABOVE AND FOREGOING RIGHTS PRIV— ILEGES LIBERTIES AND USES p Dp HOWEVERO THAT SAID ROADWAYS MAY BE USED IN COMMON WITH THE OWNERS$ THEIR TENANTS$ HEIRS AND "ASSIGNS. SECTION 2: THE SPECIAL ATTORNEYS FOR THE CITY OF LUDBOCK, CROSL, IN & PHARR, ARE HEREBY AUTHORIZED AND DIRECTED T:O .MAKE .. FORMAL OFFERS OF $$10. 00 FOR ' "fHE EASEMENYSj RIGHTS AND PRIVILEGES" OVERp UNDER AND ACROSS THE; , ltiZVO _ACRE TRACT FIRST HEREINABOVE DESCRIBED AND THE .SUM OF $ 165.00 FOR THE EASEMENTS$ RIGHTS A'ND PR 1 YILEQES. OyERs CJNDER AND ACROSS THE 4.t1Y" ACRE TRACT SE'CONQ HEREI,NIABOVE DESORIBED$ SUCH OFFERS TO DE MADE TO THE` OWNERS . OF SAID IAND FOR AND ON BEHALF OF THE CITY OF LUBBOCK, TEXASp AND IN THE EVENT SAAD' OFFER IS NOT, ACCEPTED WITHIN TEN ( 10) DAYS FROM TNE' DATE SUCH OFFER IS MADE AND COMMUNICATED TO SAID OWNERSp SAID ATTORNEYS ARE HEREBY AUTHORIZED AND DIRECTED TO INSTITUTE LEGAL PROCEEDINGS IN ' OONDEMNATION IN THE NAME OF AND FOR AND ON BEHALF OF THE CITY OF LUBBOCK, 'TEXAS AGAINST B6RNETTE J. TH I E'L� CL,ARENCE P. THIEL. ROBERT W. THIEL AND SI.NCLAI 'R OIL k REFINING COM— PANY AND ALL. OTHERS ;KNOWN OR FOUND TO HAVE AN INTEREST + r 11 2(p67 L i IN SUCK TRACTS 'OF LAND. UPON MOTION OF COMMI SS I ONER Batter p SECONDED BY OOMM I-- SSI0NER Casey j, THE FOREGOING RESOLUTION WAS APPROVED GY UNANIMOUS VOTE OF THE CITY COMMISSION OF THE CITY OF LUBBOCK THIS THE 26th DAY OF November , 1957. S. S. FORRESTy MAYOR ATTEST: LAY NIA LOWEjp g`ITY SE RETARY .THE STATE OF TEXAS l COUNTY OF LUBBOCK I , LAYENIA LOWE. CITY SECRETARY OF THE CITY OF LUBBOCKS TEXAS] HEREBY CERTIFY THAT THE ABOVE AND FOREGOING INSTRUMENT IS A TRUE AND CORRECT COPY OF A RESOLUTION PASSED MY THE CITY COMMISSION ON THE 26 th DAY OF November 1957 . r BY LAVENI LOWEp CITY SECRETARY A ED PR 10 TO ADOPTION VAUGHN E. WILSONp CITY ATTORNEY CROSLIN &' PHARR. SPECIAL CITY ATTORNEYS B