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HomeMy WebLinkAboutResolution - 5052 - Runway Protection Zone Easement - Texas A&M University System Board Of Regents - 12_14_1995Resolution No.5052 December 14, 1995 Item #13 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Runway Protection Zone Easement, the City of Lubbock being Grantee and the Board of Regents of the Texas A&M University System being Grantor, 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 herein in detail. Passed by the City Council this ATTEST: A),- e'i Betty M. Johnson, ty Secretary APPROVED AS TO CONTENT: - 9 u-� Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: Je el , Assistant City Attorney Jli js/E-RPZ.RES ccdocs/November 28, 1995 1995. VOL 5042PAGE ,49 Resolution No.5052 '1)0 File And Return To December 14, 1995 � 0 Ed Sucy R-O-W Item #13 3f9'73 RUNWAY PROTECTION ZONE EASEMENT WHEREAS, THE TEXAS A&M UNIVERSITY SYSTEM, (hereinafter called "TAMUS"), is the owner in fee of a bad of land situated in the County of Lubbock, State of Texas, more particularly described as follows: Exhibit "A" - metes and bounds description of two tracts or parcels of land containing 34.866 acres. The tracts of land are further identified as Tract I and Tract 11 on Exhibit "A", and are hereinafter referred to as "Tract I and Tract H", and WHEREAS, the CITY OF LUBBOCK, (hereinafter called "LUBBOCK"), is the owner and operator of the Lubbock International Airport situated in the County of Lubbock, State of Texas, in close proximity to "Tract I and Tract H"; and WHEREAS, it is deemed necessary a portion of "Tract I and Tract H", which lies within the Northern runway protection zone approach area of nmway 17 R of the airport, be and remain free and clear of any structure, tree, or other object which is or would constitute an obstruction or hazard to the flight of aircraft in landing and taking off from Lubbock International Airport. The runway protection zone, hereinafter referred to as "RPZ", is more particularly described as follows: Exhibit "B" - plat of the airport and avigational easement, Tracts I and H. NOW, THEREFORE, in consideration of the sum of THIRTEEN HUNDRED AND NINETY-FIVE AND NO/100 DOLLARS ($1,395.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, TAMUS, for itself, its successors and assigns covenants and agrees with LUBBOCK, that, for the benefit of the public in the use of the Lubbock International Airport, it will not erect, or permit the erection or growth of any structure, tree, or other object within the portion of "Tract I and Tract H't which lies within the Northern RPZ approach area of runway 17 R (said area is identified on Exhibit "B"). The RPZ approach surface being an inclined plane with a slope of 50:1 (one foot of elevation for each 50 feet of horizontal distance) located directly above the RPZ approach area, with the bottom of the inclined plane having an elevation of 3,309.80 feet (mean sea level) at its edge nearest runway 17R and an elevation of 3,331.80 (mean sea level) at its edge farthest from runway 17R as shown on said Exhibit "B". The TAMUS, for itself, its successors and assigns, grants and conveys to LUBBOCK, its agents, servants, and employees, a continuing right and easement to take any action necessary to prevent the erection or growth of any structure, trees or other object into the air space above the part Prepared by Assistant General Counsel Rev. 11/9s-sDG VOL 5042PAGE 50 of the approach surface which is directly over "Tract I and Tract H" and to remove from such airspace, or mark and fight as obstructions to air navigation any and all structures, trees, or other objects which may at any time project or extend above the bottom of the inclined plane, together with the right of ingress, egress, and passage over the land of TAMUS within the RPZ approach area for such purposes. TAMUS hereby grants and conveys to LUBBOM for the use and benefit of the public, a continuing easement and right of flight for the passage of aircraft in the air space above the surface of the land over which this easement is obtained, together with the right to cause such noise as may be inherent in the operation of aircraft, now known or hereafter used for navigation of or flight in the air, using the air space for landing at, taking off from or operating on Lubbock International Airport. TO HAVE AND TO HOLD THE EASEMENT and all rights appertaining therefrom unto LUBBOM its successors and assigns for a period of Ten (10) years or, until Lubbock International Airport is abandoned and ceases to be used for airport purposes. It is understood and agreed these covenants and agreements are binding upon the successors, and assigns of TAMUS, these covenants and agreements run with the land, and for purposes of this instrument, the portion of "Tract I and Tract H" which lies within the RPZ approach area is the servient tenement and Lubbock International Airport is the dominant tenement. IN WITNESS WHEREOF, TAMUS has executed this Easement on this 14rh day of December , 1995. BOARD OF REGENTS THE TEXAS A&M UNIVERSITY SYSTEM Barry B. Thompson, Chancellor By. `— RIC AY Deputy Chancellor for Finance and Operations 2 Prepared byAssistant General Counsel Rev. 11/95-EDG VOL 5042PAcf 51 RECOMMEND APPROVAL: TOM D. KALE Vice Chancellor for Business Services 11L ll!�� D BU r Y, Dire or Sy em Real fstate Offi APPROVED EDDIE D. GOSE, J.D. Assistant General Counsel Office of General Counsel ATTEST: SEAL Betty M. Jo on City Secretary Prepared by Assistant General Counsel 3 Rev.11/95-EDG VOL 5042PAGE ,52 APPROVED AS TO CONTENT: Ed Bucy Right -of -Way Agent APPROVED AS TO FORM: T l Assistant City Attorney Prepared by Assistant General Counsel Rev.11/95-EDG �15O42PACE ,53 ACKNOWLEDGMENTS STATE OF TEXAS § COUNTY OF BRAZOS § BEFORE ME, the undersigned authority, a Notary Public in and for Brazos County, Texas, on the day personally appeared RICHARD LINDSAY, Deputy Chancellor for Finance and Operations of The Texas A&M University System, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the Board of Regents of The Texas A&M University System for the purposes and conseration therein expressed, and in the capacity therein stated. -6 UNDER MY HAND AND SEAL OF OFFICE thisday of A.D.1995. F(a SALE DAVIDSON Notary Pudic State of Texas NOT Y PUBL ,STATE OF TEXAS MY Commission Expires fEBRUARYt8,1999 My Commission Expires: STATE OF TEXAS § SEAL COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared DAVID R. LANGSTON, Mayor, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity herein stated, as the act and deed of the CITY OF LUBBOCK, TEXAS. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 14/ ' day of A.D.1995. ..,a,..,,.. SEAL _ _ "�OOF 91E R CREfl.aNABT�IEZ NOTARY PUBLIC N ARY PUBLIC STATE OF TEXAt State of Texas M Commission Expires: Comm. Exp. 07-01-98 y Prepared by Assistant General Counsel Rev.11/95-IDG VOL 5042PAGE .54 EXHIBIT "A" TRACT I A tract of land out of Section 36, Block A, Lubbock, Lubbock County, Texas, being more particularly described as follows: BEGINNING at a point that is a distance of 2640.70 feet North and a distance of 2141.78 feet West of the Southeast corner of Section 36, Block A, said point being the Southeast corner of the tract herein described; THENCE West, a distance of 660.12 feet pass a 3/4" iron pipe, and continuing for a total distance of 675.00 feet to a point; THENCE N. 00°06'45" E., a distance of 1125.00 feet to a point; THENCE East, a distance of 675.00 feet to a point; THENCE S. 00°06'45" W., a distance of 1125.00 feet to the PLACE OF BEGINNING. CONTAINING: 17.433 acres TRACT H A tract of land out of Section 36, Block A, Lubbock, Lubbock County, Texas, being more particularly described as follows: BEGINNING at a point that is a distance of 2640.70 feet North and a distance of 3216.78 feet West of the Southeast corner of Section 36, Block A, said point being the Southeast corner of the tract herein described; THENCE West, a distance of 675.00 feet to a point; THENCE East, a distance of 675.00 feet to a point; THENCE S. 00°0645" W., a distance of 1125.00 feet to the PLACE OF BEGINNING. CONTAINING: 17.433 acres. a COUNTY CLERK'S MEMO P6rnONSQF T1415 DOCUMENT NOT LEGI61E WHEN r#CErvEO EM�BIT "B" VOL 5042PAGE .55 r 1 II RUNWAY 17K IN i' -- — --------- - ------- iA P I I I i I I I � I I I I III �Q 99m0'D00®eCoZT000y040T000y00C000TQ9-5a909m0emm09®ioceeegg000{Sp1ojO©OO�®®CmOOOi®0-�` "�'� Ft' d3 b99i�99�4�t3 �9fC= `tg��3s'9'f83aA=al= ll gr'`5q° FILED FOR REGOW DEC i S 1 26 PH IS � ark,ub STATE OF TEXAS COUNTY OF LUBBOCK I hm.bY C rtNY mat tide Ylawmalt.ra FM on tha date and at Ina um. avimp.d halal+ by m.dub RECORM In me vohm* wd Page of she t#= rmi ,.,1, Aocalda of Lubbock Cmmsy, Tons as OArA d hw— by MIL DEC 19 IM5 r•` waw4 =law .TEXAS