HomeMy WebLinkAboutResolution - 111568F - Correction Deed - LBK Industrial Foundation Inc - NW 1_4 Of Section 5 Block A - 11_15_1968WHEREAS, the City of Lubbock has previously conveyed certain property to
the Lubbock Industrial Foundation, Inc., and
WHEREAS, the City of Lubbock now wishes to correct such conveyance in
order that it may contain reservations of air rights that are consistent with those
reservations placed on adjoining property conveyed to the Foundation, NOW
THEREFORE;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THA T the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute P8r and on behalf of the City of Lubbock a CORRECTION DEED
issued to Lubbock Industrial Foundation, Incorporated, attached herewith which
shall be spread upon the minutes of the Council and as spread upon the minutes of
this Council shall constitute and be a part of this Resolution as if fully copied here-
in in detail.
Passed by the City Council this 15th day of November 1968.
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TTEST;
f
ROVED;
reasurer
red O. Senter, Jr., Cit A orney
CORRECTION DEED
THE STATE OF TExAs
007 AtL lM BY THESL PRESENTS,
COUNTY OF LUBBOCK
4
THAT M� E=S, the City of Lubbock, as Grantor, on
or about the /D 4 day of J uNs , 19 & 8 , did execute
and deliver to LUBBOCK INDUSTRIAL FOU DATD)N$ INC., as Grantee,
for the consideration therein =ntioaad, a conveyance of certain
land, situated in Lubbock County, Texas, and hereinafter more
particularly described, wTaich said conveyance is recorded in
Book /lb Page -foJ5 of the Deed Records of Lubbock County,
Texas; and
MP=S, in said earlier conveyance, the language per-
taining to the avigaation ease=nt was not as accurate as intended
and this Correction Deed is therefore ozecuted and delivered in
confir=tion, ratification and correction of said earlier convey
ance; and
L1IMMS, to prevent difficulties hereafter, it is
expedi+ent'to correct said errors:
NOW TcE=- —ORE, the City of Lubbock, sa no= Rule
Municipal Corporation, ectiny herein by and through its Mayor, as
heretofore duly authorized by tha City Council of the City of
Lubbock, County of Lubbock, State of Texas, for and in consideration
of the sum of TEN DoLIARS ($10.00) and other valuable consideration,
to it cash in band paid by LUBBOCK nlTLit;STRIAL FOUNDATION, a Texas
Von -Profit Corporation, has granted, sold and conveyed and by these
presents does grant, mall and convey unto the said LUBBOCK MMUSTRIAL
FOU IDO&TION of the City of Lubbock, State of Texas,: all that certain
block, tract or parcel of lend located in Lubbock County, Texas, and
being more particularly described as follows:
A tract of land out of the Northmst one-fourth
(NW/4) of Section No. 5, Block A in Lubbock County,
. Texas, consisting of approximately 5.9 acres of
hand, more or loos, in approximately as triangular
shape, the Ban_ beinr, bounded on the North by Loop
289, on the Wat by quirt Avenue, and on the South
by a Right -of -My Line of the Panhandle and Santa
Fe Railroad and sire fully described by rotes and
bounds ae foliowa; .
LAW Or"CES .. .. ..
NELSON. MCCLESKET Q HARRIGER
1000 GREAT PLAINS BUILDING
LUBBOCK, TEXAS 70401 -
BEGINNING at a point which bears 2595.39 feet
NOm19'15"W, and 93.58 feet S89°40'45"E, from
the Southwest corner of Section 5, Block A,
Lubbock County, Texas;
THENCE N64°37 % along the Railroad Right -of -
Way, a distance of 685.28 feet, to a point in
the Southwesterly Right -of -Way line of Loop
289;
THENCE N580061W, along the Southwesterly Right-
o£-Way_line of Loop 289, a distance of 169.50
feet;
THENCE Northwesterly, along the Southerly Right
of -Way line of Loop 289; and with a curve to the
left, said curve having a Radius of 5519.4 feet,
a chord distance of 369.25 feet;
THENCE Southwesterly, along the Southerly Right-
of -Way Line of Loop 289, and with a curve to the
Left, said curve having a Radius of 75.00 feet, a
chord distance of 113.63 feet to a point in the
Easterly Right -of -Way line of North Quirt Avenue;
THENCE Southerly, along the Easterly Right -of -
Way line of North Quirt Avenue, and along a
curve to the left, said curve having a Radius of '
5669.65 feet, a chord distance of 434.30 feet to
the place of beginning.
Containing 3.8246 acres of land, more or less.",-. -
SAVE AND EXCEPT a triangular tract of land with 6 water
well situated thereon located in the west part of the herein
conveyed property, described as followsi
BEGINNING at the Southwest corner of Lot 1,
LUBBOCK INDUSTRIAL PARK ADDITION, said point
being 2595.39 feet N0019115"W and 93.58 feet
N89°40'45/1E of the Southwest corner of Section
5, Block A, Lubbock County, Texas;
THENCE Northerly, along the East Right -of -Way
line of North Quirt Avenue a distance of 120
feet;
THENCE East approximately 30'feet to a point
in the West Right -of -Way line of a 151 power
line easement;
THENCE Southwesterly along the West Right -of-
Way of said power line easement approximately
125 feet.to a point in the North Right -of -Way
line of the Railroad Right -of -Way;
THENCE S64137`W along said Railroad Right -of -
Way approximately 10 feet to the place of
beginning.
Containing ..0551 acres of land=.more or less.
1.~ SAVE AND EXCEPT grantor, City of Lubbock, reserves
unto itself in fee simple all of the underground water, oil, gas
and other minerals*jn#, under and that may be produced from said
land, and
-2 w; .. -
. LAw Ornces .
NELSON. MCCLESKET a HARRIGER -
1000 GREAT PLAINS BUILDING "-
LUBBOCK. TEXAS 72401 -
2. Grantor herein reserves a perpetual avigation
easement and right-of-way, which easement and right-of-way
shall run with the land for the unobstructed, unrestricted, and
numerically unlimited flight of aircraft ("Aircraft" being
defined for the purposes of this instrument as any contrivance
now known or hereafter invented, used, or designated for
navigation of, or flight in the air) by whomsoever owned and
operated in, through, and across the air space, at any altitude
or height fifty feet (50') or more above the surface of the
conveyed property, together with the right to cause in such air
space at an altitude of fifty feet (50') or more above the
surface of the ground over all of the land conveyed herein,
and/or horizontally adjacent to said land such noise and vibration
that may now or hereafter be caused by the operation within said
air space of all aircraft landing at, or taking off from, or
operating at or on the Lubbock Municipal Airport as presently
located or as may be hereafter expanded; and Grantee, its
successors and assigns does hereby fully waive, remise, and
release any right or cause of action which it may now have or
which it may have in the future against Grantor, its successors
and assigns, due to noise, vibration, smoke or dust that may be
caused by the operation, vithin the air space hereinabove
identified, or aircraft Landing at, or taking off from, and/or
operating at or on Eaid�Lubbock Municipal Airport. Tn the event
the Federal Aviation Agency shall establish regulations and/or
standards concerning the air space above the land, which regulations`'
and/or standards fix the bottom plane of the air easement at an
altitude of more than fifty feet (501} above the surface of the
ground, tkjpr�,thc Federal Aviation Agency regulation and/ or
standard shall apply thereafter in lieu of the fifty foot (50")
altitude provision hereinabove set out in this paragraph.
3. Subject to easements, if any, for water, gas, and ~.
other underground utility lines, electric power lines and other
overhead utility lines whether or not recorded in the Deed Records
of Lubbock County, 'Texas, or apparent on the ground and the other
exceptions, reservations and conditions hereafter set forth.
TO IWE AND TO HOLD the above`'described premises
together with all and singular, the rightq and appurtenances
thereto in anywise belonging to the said LUBBOCK INDUSTRIAL
FOUNDATION, its successors and assigns forever and the City of
Lubbock does hereby bind itself, its successors and assigns to
LL warrant and forever defend, all and singular, the said premises
unto the said LUBBOCK INDUSTML FOUNDATION, its successors and
assigns forever against every person whomsoever lawfully claiming`
or to claim the same or any part thereof, by, through or under
the City of Lubbock but not otherwise.
,WITNZSS the hand of the City'`of.Lubbock, on this the
day of
CITY OF BOCK;
ATTEST:
Lavehia Lowe, City Secretary -
Treasurer
APPEOVEDs