HomeMy WebLinkAboutResolution - 012375E - Deed Of Release, Etc. - FAA - I-27 Improvements, LRA Project - 01_23_1975JWF:dw
RESOLUTION
WHEREAS, the City of Lubbock has requested the Federal Aviation
Administration, an agency and instrumentality of the United States Govern-
ment, to release certain restrictions and conditions with respect to proper-
ties located in and around Lubbock Regional Airport, and said agency is
agreeable to granting such request subject to acceptance of such other
conditions or reservations as imposed upon the City of Lubbock as contained
in instruments hereinafter referred to in the body of this Resolution, and
the City of Lubbock is agreeable thereto to expedite the construction of
Interstate Highway No. 27 improvements in the vicinity of the Lubbock
Regional Airport; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the Mayor of the City of Lubbock is hereby author-
ized and directed to execute acceptance on behalf of said City of a "DEED':
OF RELEASE" from the Federal Aviation Administration of the United
States Government upon such terms and conditions as set forth therein unde
date of December 6, 1974, a true and correct copy of which shall be spread
upon the Minutes of this Council, and as spread upon such minutes shall
constitute and be a part hereof as if fully copied herein in detail.
SECTION 2. THAT the Mayor of City of Lubbock is hereby authorized
and directed to execute an acceptance of a "Letter of Release" from the
Federal Aviation Administration of the United States Government under
date of December 6, 1974, under such conditions as imposed upon the City
of Lubbock by said Administration as contained therein, a true and correct
copy of which shall be spread upon the minutes of this Council, and as spre
upon the minutes of this Council, shall constitute and be a part hereof as if
fully copied herein in detail.
SECTION 3. THAT the Mayor of the City of Lubbock is authorized and
directed to execute for and on behalf of said City an Agreement called
"Supplemental Agreement" concerning certain 5, 387 acre and 4. 830 acre
tracts of land located in or in the vicinity of the Lubbock Regional Airport
concerning use of proceeds for Airport purposes from any proposed sale of
such tracts under such terms and conditions as contained in said Supplemen-
tal Agreement, a true and correct copy of which shall be spread upon the
minutes of this Council, and as spread upon such minutes, shall constitute
and_be-a-part hereof as if fully copied herein in detail.
Passed by ttie_eity Council this 23rdda / nuary 1975.
1
ATTEST: ROY BASS, MAYOR
Treva, Phillips, City ecretary-Treasurer q ved as to form:
r
CY
Fred 0. Senter, Jr., C(ty gttorn
DEED OF RELEASE
THIS INSTMMM, a Deed of Release, made by the United States of
America, acting by and through the Director,` Southwest Region, Federal
Aviation -Administration, Department of Transportation, under and
pursuant to the power and authority contained in the provisions of
Public Law 81-311 (63 Stat. 700, 50 U.S.C. App. 1622c), as amended,
to the CITY OF LUBBOCK, a bodypolitic under the laws of the State
of Texas,
WITNESSETH% THAT,
WHEREAS, by "Instrument of Transfer" dated January 49 194% the
United States of America, acting by.and through the War As ets
Administrator, under and pursuant -to Reorganization Plan One of:194T
(12 Fed. Reg. 4534) and the powers and authority contained in.the•
provisions of the Surplus Property Act of 1944.(58 Stat. 765), as
amended, and applicable rules, regulations, and orders, did'tonvey.
to the City of Lubbock, Texas, certain lands ,iocated.and,situated _
in .the County of Lubbock, State of Texas, said lands constituting.a.
part of the property now known as the Lubbock Regional.4rport and
' formerly.known as the South Plains Army Airfield, said "Instrument
of Transfer" being recorded in the Deed Records of Lubbock County,.'
Texas, in Volume 383, PageNo• 144, reference being hereto.made.as
if fully set out herein$.
AND WHEREAS, under the said "instrument of Transfer".dated lannary.44.: '.
1949,. the City of Lubbock, for itself, its successors and assigns.,:
assumed certain obligations and agreed to certain reservations,
restrictions, and conditions imposed therein which constituted
covenants running with the land;
AND WHEREAS, the City'of Lubbock.does.now desire and request release
of a portion of the lands described in the referenced instrument of
transfer from the reservations, restrictions, and conditions contained
therein, for purposes which otherwise might be considered contrary to
those reservations, restrictions, and'conditions;.
AND WHEREAS, the City of Lubbock has made application to the Administrator
of the Federal Aviation Administration for release of the hereinafter
described lands from the reservations, restrictions, and conditions
contained in the referenced instrument of transfer;
AND WHEREAS, the Administrator of the Federal Aviation Administration
has determined, pursuant to the Public Law 81-311, that release of
the.land described hereinafter from the above reservations, restrictions,
and conditions will not prevent accomplishment of the purpose for which
the property was transferred.and is necessary to protect or advance the
interests of the United States in civil aviation,
AND WHEREAS, the Administrator of the Federal Aviation Administration
duly authorized the Director, Southwest Region, Federal Aviation
Administration, to execute deeds of release for and on behalf of the
United Statcs of America,
Rows THEREFORE, for and in consideration of the above -expressed recitals
and of the benefits to accrue to the United States of America and to
civil aviation, the United States of America, upon inclusion by the
City of Lubbock in any Instrument of Transfer conveying title to the
hereinafter described real property, of provisions as follows:
(1) That the City of Lubbock reserves unto itself, its successors
and assigns, for the use and benefit.of the public a right of
flight for the passage of aircraft in the airspace above the
surface of the real property hereinafter described. together
with the right to cause in said airspace such noise as may be
inherent is the operation of aircraft. now known or he
used, for navigation of or flights in the said airspace, and for
use of said airspace for landing on, taking off from or operating
on the Lubbock Regional Airport;
(2) That the City of Lubbock reserves unto itself,.its successors
and assigns, for the use and benefit of the public, a continuing
right and easement over the real property hereinafter described
to take such action as may be necessary to restrict the height
. Y2..,
of structures, objects of natural growth, and other
obstructions to air navigation to a height of not more
than 3390 feet above mean sea level for Parcel 32a and
so as to not penetrate a plane beginning at the south
boundary of Parcel 40.3a at 3313 feet above mean sea
level and extending upward and out over Parcel 40.3a
in a northerly direction at a slope of 1:7 to a maximum
allowable height of 3390 feet above mean sea level$
unless otherwise approved by the Federal Aviation
Administration or its successor in function.
(3) That the City of Lubbock reserves for itself, Its
successors and assigns, the right to prevent any use
of the hereinafter described real property which would
interfere with aircraft landing on or taking off from
Lubbock Regional Airport, and the right to prevent any
other use of.said land which constitute an airport hazard,
hereby quitclaims and releases the real property described below from this
conditions, reservations, and restrictions contained in said inst ^^pn R
of transfer which real property is located in the County of Lubbock,
State of Texas, and is described as follows. -
PARCEL 32a.
Being 5.387 acres of land out of and a part of the North one-half
(N') of the Northwest one quarter (NWT) of Section 10, Block A.
Lubbock County, Texas, which is more particularly described by
metes and bounds as followsa
BEGINNING at a point in the East right-of-way of U.S. 87
said point being a distance of 50 feet East and a distance
of 30 feet South of the Northwest corner of Section 10,
Block A;
THENCE NORTH 850 58' East along the South line of a county
road a distance of 96.36 feet to a point in the proposed
East right-of-way line of U.S. 87;
THENCE SOUTH 110 52' East along said line a distance of
143.95 feet to a point, the beginning of a curve to the
right;
THENCE along said curve, whose radius bears South 780 08'
West a distance of 3969.72 feet, an arc distance of 822.17 feet
to a point;
THENCE SOUTH a distance of 231.25 feet to a point;
THENCE SOUTH 20 51' 45" East a distance of 101.62 feet to
a point in the South line of the North one-half (N') of
the Northwest one quarter (NW;) of Section 10, Block A;
THENCE SOUTH 890 58' West along said line a distance of
215.124 feet to a point in the existing East line of U.S. 87;
THENCE NORTH 00 02' West along said line a distance of
1290.00 feet to the point of beginning.
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PARCEL. 40.3a.
Being 4.830 acres of land out of and a part of the West one-half
(W�) of Section 32, Block A, Lubbock County, Texas, which is more
particularly described by metes and bounds as follows:
BEGINNING at a point in the East right-of-way line of U.S.
Highway 87 and being a distance of 50 feet East of the
Southwest corner of Section 32, Block A;
THENCE NORTH 00 08' West, a distance of 1320.30 feet, along
the existing East right -of -sway line of U.S. 87 to a point
in the North line of the Southwest one quarter (SW"), of
the Southwest one quarter (SW�), of Section 32, Block A;
THENCE NORTH 690 52' East along said line a distance of
210 feet to a point in the proposed East right-of-way line
of U.S. 87; .
THENCE SOUTH 00 08' East along said line a distance of
145.72 feet to a point, the beginning of a curve to the
right;
THENCE along said curve, whose radius bears South $90 52'
West a distance of 3969.83 feet, an arc distance of U6.82 feet
to a point;
THENCE SOUTH 110 48' Hest a distance of 271.30 feet to s
point, the beginning of a curve to the left;.
TMME along said curve, whose radius bears South 780 12'
East a distance of 3669.83 feet, an -'arc distance of 90.91 feet
more or less., to a point in the South line of Section 32,
Block A;
THENCE SOUTH 890 58' West along the South line of Section 32,
a dtstance of 45.2 feet, more or less, to the place of
beginning.
By its acceptance of this Deed of Release, the City of Lubbock covenants
and agrees for itself, its successors and assigns, to be bound by, and
to comply with and observe, all of the conditions and limitations
contained .in said "Instrument of Transfer" dated January 4, 1949,
end this instrument, except as to.that real or personal property which,,
by the terms of this instrument, have been expressly released from such
conditions, reservations, and restrictions.
In WrMESS WHEMP, the United States of America has
caused this Deed of Release to be executed as of the .t, ..._ -.. day of
1974.
UNITED STATES OF MIERICA
Department of Transportation
By
Regional, ire tor
Southwest�'ftegion
Federal Aviation Administration
ACCEPTED:
CITY OF LUBBOCK, TEXAS
. 1.
'J r By.��_
Title ROY BASS, MAYOR
AMTE99i
!'1 Approved as to f0rM-1
By ti Fled O: senter, Jr., City tto Y
Title Treva Phillips, iC/'ty Secretary- Treasurer
THE STATE OF TEXAS )
( sa
COUNTY OF MMANT )
_ On this CG day of e_1a_7 .&f_f 1. 1974, before nee.
a Notary public in and f}C-ounty of' Tarrant.,`..
State of Texas, personally appeared
known to me to be the Regional Director, Southwedt Region, Federal Aviation.:.
Administration, Department of Transportation, and known to me to be the
person whose name is subscribed to be within Instrument and acknowledged
that he executed the same on behalf of the Administrator of Federal Aviation
Administration and the United States of America.
WITNESS my hand and official seal.
Notary Public in and for the County
of Tarrant, State of Texas.
'NV_ 6oA m ssion Expires:
THE STATE or TEXAS )
( Bs
COUNTY OF LUBBOCK )
On this -day day of , 1974, before me
a Notary Public in and for the County of Lubbock,
State of Texas, personally appeared
known to me to be the of the City of.Lubbock, Texas,.
and known to me to be the person whose nam is subscribed to the within_..
Instrument and acknowledged that he executed the same on behalf of'the
City of Lubbock, Texas.
WITNESS my hand and official seal.
Notary Public in and for the County.
of Lubbock, State of Texas
My Commission Expires:
SUPPLEMENTAL AGREEMENT
WHEREAS, The City of Lubbock, Texas, a body politic organized and
existing under the Constitution and laws of the State of Texas,. has
heretofore made application to the Administrator of the Federal Aviation
Administration for a release of certain real property at Lubbock Regional
Airport, Lubbock, Texas, from the terms, reservations, restrictions, and
conditions of a certain "Instrument of Transfer" dated January 4, 1949, by
which the property was conveyed to the City of Lubbock, Texas, for the
purpose of selling and conveying such real property to the Texas Highway
Department for highway purposes, and
WHEREAS,
It has been determined by the Administrator of the Federal Aviation
Administration (successor to the Civil Aeronautics Administration) that
the release of a certain 5.387 acre tract and a 4.830 acre tract of the
property conveyed by the United States is appropriate and that the release
of the property will not prevent accomplishment of the purpose for which
the property was,transferred and is necessary to protect or advance the
interestsT . of the United States in civil aviation, and the release can be.
granted without materially and adversely affecting the development,
Improvement, operation or maintenance of the airport, upon the agreement
of the City of Lubbock,;Texas, with respect to the performance of certain
acts by the City.
NOW,.THEREFORE
For and in consideration of the granting of the release aforesaid
and upon acceptance thereof, the City of Lubbock, Texas, hereby agrees with
the Federal Aviation Administration as follows:
(1) That the present appraised current fair market value
of the 5.387 and 4.830 acre tracts is established at
$59,720.
(2) That -the City of Lubbock, Texas, will expend without
Federal participation, within five years from the date of this
_agreement, an amount equal to at least the above fair market
value amount, or the proceeds from the sale, whichever
is greater, on security fencing in the existing terminal
area and on other specific items of airport development
at Lubbock Regional Airport as approved in writing by '
the Federal Aviation Administration, or its successor
in function.
IN WITNESS WHEREOF, the City of Lubbock, Texas, has duly authorized
and directed its Mayor to execute this Supplemental Agreement and its
City Secretary to attest to such execution as of the 23 day of
January . 1915:
CITY OF LUBBOCK, TEXAS
j �By
ellMayor, ROY BASS
�4 AST:
City Secretary -Tr surer, Treva Phillips
APP ED AS :TOCF:Ott
Fred 0. Senter, Jr., t Attorney
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