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HomeMy WebLinkAboutResolution - 2002-R0218 - Deed Of Release - Federal Aviation Administration - 06/13/2002Resolution No. 2002-RO218 June 13, 2002 Item No. 27 RESOLUTION 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 Deed of Release between the Federal Aviation Administration, Department of Transportation ("FAA") and the City of Lubbock, and any other related documents, releasing 38.98 acres of land previously conveyed to Market Lubbock Economic Development Corporation from the conditions, restrictions, and obligations contained in any Airport Improvement Project (AIP) Grant Agreements. Said Deed of Release is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 13th day of June MAYOR ATTEST: C-�Za,� , .Z. Rebecca Garza, City Secretary APPROVED AS TO CONTENT: 0A (Adj I Debra Forte, Depu y City Manager APPROVED AS FORM: Richard K. Casner Natural Resources Attorney Uke/ccdocs/ MLI.DeedofReleaseAirport.Reso June 5, 2002 � Return to: City of Lubbock jf,,o Attn: Richard K. Casner (Room 205) Resolution No. 2002—R0218 "� P.O. Box 2000 o l 'v Lubbock, Texas 79457 Vol 7701PAcr?9 DEED OF RELEASE LUBBOCK INTERNATIONAL AIRPORT This instrument (Release), made by the United States Of America, acting by and through the Manager, Airports Division, Southwest Region, Federal Aviation Administration ("FAA"), Department of Transportation, under and pursuant to the powers and authority contained in 49 U.S.C.§47107, to the City of Lubbock, a body politic under the laws of the State of Texas. WHEREAS, the Federal government has provided funding for airport improvements at Lubbock International ("Airport"), which is identified on the FAA approved Airport Layout Plan (At P) ur Exhibit "A" dated October 22, 1999. WHEREAS, all Airport property identified on the FAA approved ALP is subject to the terns, and conditions of the Airport Improvement Project(AIP) Grant Agreements . WHEREAS, the City acquired with federal participation 38.98 acres of land on June 28, 1972, for airport purposes and included it on the Airport Layout Plan ("ALP") as property obligated under AIP Grant Agreements. WHEREAS, the said 38.98 acres of land requested to be released is located in the Southwest 1/4 of Section 36, Block A, Lubbock County, Texas, said tract being part of a tract of land conveyed b},- Cleobob, Incorporated to the City of Lubbock by deed dated March 26, 1973 and recorded in Volume 1338, Pages 223-226, Deed Records of Lubbock County, said 38.98 acre tract of land being mon. particularly described by metes and bounds as follows: Beginning at 1/2" iron rod with cap, set for the Southwest corner of this tract, being on the existing East right of way line of Interstate 27 and the proposed North line of Keuka Street, whence a P.K. nail set for the Southwest corner of Section 36, Block A bears South 010 23' 50" East, 37.54 feet and North 88°38132" West, 329.70 feet; thence North 01023'50" West, along the existing East right of way line of Interstate 27, 1374.33 feet to an "X" on concrete, set for a corner of this tract; thence North 01027'55" East, along the existing East right of way line of Interstate 27, 139.79 feet to a'/2" iron rod with cap, set for the Northwest corner of this tract; thence South 88038'32" East, 1157.36 feet to a %" iron rod with cap, set for the Northeast corner of this tract; thence South O1045'41" West, 1512.58 feet to a''/2" iron rod with cap, set on the proposed North line of Keuka Street for the Southeast comer of this tract; thence North 88038'32" West, along the proposed North line of said Keuka Street, 1080.91 feet to the point of beginning. Containing an area of 38.98 acres of land. WHEREAS, the Property Boundary Survey for the said 38.98acres of land is attached and incorporated into this instrument by reference; and I YOL 7701PAGE290 WHEREAS, the City has requested the FAA to release the said 38.98 acres from the conditions, restrictions, and obligations set forth in existing AIP Grant Agreements; and WHEREAS, the Manager of the FAA Airports Division, Southwest Region, has determined that releasing the said 38.98 acres of land is necessary to protect or advance the interests of the United States in civil aviation and can be granted without materially and adversely affecting the development, improvement, operation, or maintenance of the Airport, provided the City complies with certain conditions set forth in paragraphs "a" through "c" below. WHEREAS, except for the said 38.98 acres requested to be released by this instrraneiYt, the, City's obligation under existing and future Grant Agreements for this Airport remain unchanged by this partial release. NOW, THEREFORE, in consideration of the above -expressed recitals and of the benefits to accrue to the United States and to civil aviation, the United States of America, upon the City's inclusion of the following provisions in any Instrument of Transfer conveying title to the said 38.98 acres: . a) That the City, 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 described hereinabove, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used, for navigation of or flight in the said airspace, and for use of said airspace for landing on, taking off from, or operating on the Lubbock International Airport; and b) That the Grantee, expressly agrees for itself, its successors and assigns to restrict `lie height of structures, objects of natural growth and other obstructions on the real property described hereinabove to a height of not exceeding the elevation established by the Airport zoning ordinance; and c) That the Grantee expressly agrees for itself, its successors and assigns to prevent any use of the real property described hereinabove which would interfere with landing or taking off of aircraft at the Lubbock International Airport, or which would otherwise constitute an airport hazard. hereby releases the said 38.98 acres of land described hereinabove from the conditions, restrictions, and obligations contained in any AIP grant agreements existing between the FAA and the City at the Airport. voL 7701pAGE299 By its acceptance of this Release, the City of Lubbock, Texas covenants and agrees for itself, its successors and assigns, to comply with and observe all of the conditions and limitations hereof. IN WITNESS WHEREOF the United States of America has caused this Release to be executed this qt"ay of UNITED STATES OF AMERICA Byl Manager, Airports Division Southwest Region Federal Aviation Administration Department of Transportation STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, personally appeared the above-named official of the Southwest Region, Federal Aviation Administration, Department of Transportation, who acknowledged she is the official who subscribed to the foregoing instrument for the purposes and consideration expressed in the instrument and that the same is executed as the act and deed of the Administrator, Federal Aviation -Administration, Department of Transportation, acting for and on behalf of the Uni d States of America. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE day o Notary Public SEAMy commission expires: ,_5 '"e)& ACCEPTED: 9002 r t0 Aovq City of Lubbock SUM WOISMV 43 AW 14 ixSAnc>ONV 'w NV10r By: STATE OF Texas COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, personally appeared M.Q, re,1 ' n� I, C D0 tj� Q a I , who acknowledged to me he is the official who subscribed the foregoing instrument while acting in the capacity stated therein, that the same was the act of the said City of Lubbock, and that he executed the same as the act of said City of Lubbock for the purposes and consideration and subject to the terms and conditions therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE ("3 day ELIA WEREPubk, State of TexasammissW Eom03.01-2008 — &t�La_2 12� Notary Public My commission expires: 03-01-;W66 r� �r 7701pacf300 ATTESTS®<, Rebecca Grz, City Secretary SAL APPROVED AS TO CONTENT: r Debra Forte', Deputy City Manager APPROVED AS TO FORM: /,-� (Z:�, Richard Casner, Natural Resources Attorney rd Aj --. An -:!w -41;1 Resolution No. 2002-80218 voi 7701pAGE301 .......... 0.. Interstate 27 it I "' J" . N •4wo> %27-55'- E Mum= -ML I. . . . . . . . . . . i F-7 N j.'r Cii lip, ii H it FROo z • % SO. Aj --. An -:!w -41;1 .......... 0.. A;"I it I "' F-7 N j.'r Cii H FROo FILED FOR RECORD 1401 JUN 11 P 4 1 COUNT, UMocx COUNTY. TEXAS STATE OF TEXAS COUNTY OF LUBBOCK I hereby certify that this instrument was FILED on the date and at the time stamped hereon by me and was duty RECORDED In the Volume and Page of the Official Public Records of Lubbock County, Texas as stamped hereon by mlL JUN 17 20 �o�Ot COUNTY CLERK LUBBOCK COUNTY, TEXAS 0 z mD ja 7-0;0 0 '0 O'n M Ift :0 Orn' OM Z'> 0) - r M Z' M X z 10 Qc'