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Home My WebLink AboutResolution - 2005-R0414 - Runway Protection Zone Easement - Board Of Regents, TAMU System - 09/08/2005Resolution No. 2005-RO414 September 8, 2005 Item 15 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 Runway Protection .Zone Easement, between the City of Lubbock and the Board of Regents of the Texas A&M University System, and any other related documents. Said Easement 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 8th day ATTEST: I Reb cca Garza, City Secretary 14 APPROVED AS TO CONTENT: Ed Bucy, Right-of-Wa gent . ' ' : SINil.Ml_I[61we].� �lA Linda L. Chamales Senior Attorney/Office Practice Section LU/ccdocs/Res-Zane Easement -Texas A& M University August 18, 2005 2005- � o lv) q RUNWAY PROTECTION ZONE EASEMENT TAMUS Board Policy 41.05 (10) I. Grant of Easement: The BOARD OF REGENTS, THE TEXAS A&M UNIVERSITY SYSTEM, (GRANTOR, hereafter "TAMUS"), owner in fee of a tract of land situated in the County of Lubbock and further identified on Exhibit "A" as Tracts I and II, on behalf of the State of Texas, acting by and through its duly authorized officer, under authority of Board Policy 41.05(10), and by virtue of authority granted to the Board by TEX. EDUC. CODE ANN. §85.26(c) (Vernon's 2002), in consideration of the agreement of THE CITY OF LUBBOCK, a governmental entity (GRANTEE, hereafter "LUBBOCK") to lease a water well on adjacent property (the "Water Well") to the Texas Agricultural Experiment Station ("TAES") as further described in a Lease Agreement between LUBBOCK and TAES dated effective September 8, 2005, GRANTS, BARGAINS, SELLS AND CONVEYS to LUBBOCK, owner and operator of the Lubbock International Airport, situated in the County of Lubbock in close proximity to Tracts I and H, its successors and assigns, for the use and benefit of the public, a continuing runway protection zone ("RPZ") 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. It is deemed necessary that a portion of Tract I and Tract II, which lies within the Northern runway protection zone approach area of runway 17 R of the airport, be and remain free and clear of any structure, tree, or other object which is or could constitute an obstruction or hazard to the flight of aircraft in landing and taking off from Lubbock International Airport. Page 1 of 9 SMO File No. 04060026 0System Real Estate Office OGC File No 2005-0009361 KBR - OZ/03/2005 OFFICIAL DOCUMENT IL Purpose and Location of Easement: This easement is granted for the purpose of an RPZ for the Lubbock International Airport. 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 It 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 17 R and an elevation of 3,331.80 (mean sea level) at its edge farthest from runway 17R as shown on said Exhibit "B". A plat of the Property showing the surface area affected by this easement and the location of LUBBOCK's RPZ easement is depicted on Exhibit "B", attached and made a part of this easement. 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 of the approach surface which is directly over Tract I and II and to remove from such airspace, or make and light 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. System Real Estate Office OFFICIAL DOCUMENT Page 2 of 9 SREO File No. 04060026 OGC File No. 2005-0069361 KBR — 02/13!2005 III. No Fee Interest Granted: This is a grant of non-exclusive RPZ easement only, and does not grant any fee interest to the surface or any interest in the minerals, on or under the Property. This conveyance is made subject to any and all outstanding easements and surface leases covering the Property. IV. Duration of Easement: In accordance with the TEX. EDUC. CODE ANN. §85.26(c) (Vernon's 2002), this grant is for a term of ten (10) years; provided, that this easement shall terminate at such time as TAES no longer has the right to lease the Water Well. LUBBOCK expressly understands its continued possession of the Property under this easement without first obtaining from the Board of Regents a renewal of this right-of- way ight-ofway easement is a violation of state law which subjects LUBBOCK to a penalty of ONE HUNDRED DOLLARS ($100.00) for each day of such violation. LUBBOCK agrees to pay TAMUS such penalty within ten (10) business days after receipt of notice from TAMUS sent in compliance with Section XIX. V. Reservation of Non -Conflicting Use of Property: TAMUS expressly reserves for its use and for the use of any component of The Texas A&M University System access to the Property, such use to be in common with LUBBOCK, provided such use is not inconsistent with the rights of LUBBOCK. It is further agreed LUBBOCK will comply with the Antiquities Code of Texas, TEX. NAT. RES. CODE ANN. Chapter 191 (Vernon's 2002). LUBBOCK further agrees title to archaeological objects or artifacts, if any, in or on the Property remains with TAMUS. Page 3 of 9 SRE6 File No. 04060026 System Real Estate Office OGC File No. 3003-05109361 OFFICIAL 1)OCU1VIEf11T KHR-07/0312005 VI. Default and Termination: It is agreed upon default by LUBBOCK of any of these covenants, conditions and agreements, TAMUS has the right, and such right is expressly reserved, to declare this easement forfeited, without prejudice to any claim TAMUS may have against LUBBOCK; provided, however, TAMUS will give LUBBOCK written notice of its intention to terminate this easement and the reasons for termination, and LUBBOCK will have thirty (30) calendar days after receipt of notice to rectify the default or violation. Upon timely correction, this easement will remain in full force and effect. Termination or abandonment of this easement for any cause is automatic and all rights granted revert to TAMUS without the necessity of any further action or suit on the part of TAMUS. Upon termination or abandonment, LU13BOCK agrees to file a Release of Easement in the Real Property Records of Lubbock County, Texas. Abandonment will be deemed to have occurred when this easement is not used for the purposes granted for a continuous period of one calendar year. VII. Waiver: No waiver by TAMUS or LUBBOCK of any default or breach of any term, condition, or covenant of this easement will be a waiver of any other breach of any other term, condition, or covenant. VIII. Privilezes and Immunities: LUBBOCK acknowledges TAMUS is an agency of the State of Texas and nothing in this easement will be construed as a waiver or relinquishment by TAMUS of its right to claim exemptions, privileges, and immunities as may be provided by law. System Real Estate Office page 4 of 9 SREO File No. 04060026 OFFICIAL DOCUMENT 0GC File No. 20054XM361 KBR — 02/0312005 IX. Texas Law to Apply: This Easement is construed under and in accordance with the laws of the State of Texas, and is performable in Lubbock County, Texas; however, by statute, mandatory venue for all legal proceedings against TAAMS is to be in the County in which the principal office of the governing officer is located. At execution of this Lease, such County is Brazos County, Texas. X. Grammatical Interpretation: When the singular number is used, it also includes the plural, and the masculine gender includes the feminine and neuter gender. XI. Headings: Headings are for reference and will not be construed to limit or alter the meaning of the provisions of this easement. XII. Parties Bound: This easement is binding upon and inures to the benefit of the Parties and their respective heirs, executors, administrators, legal representatives, successors in interest or office, and assigns (but this Section does not constitute permission for an assignment). XIII. Saving Clause: Should any clause in this easement be found invalid by a court of law, the remainder of this easement will not be affected and all other provisions in this easement remain valid and enforceable to the fullest extent permitted by law. 0 System Real Estate Mice OFFICIAL DOCUMENT Page 5 of 9 SREO File No. 04060026 OOC File No, 20054009361 KKR — 0270312005 XIV. Assignment: LUBBOCK may not sell, assign, or convey this easement without the written consent of TAMUS which will not be unreasonably withheld, and any attempt by LUBBOCK to sell, assign, or convey this easement without such consent will cause this easement to terminate. XV. Notices: Notices to either Party must be signed by the designated representative of the Party, or its successors in interest or office, and delivered personally or sent by U.S. certified or registered mail, return receipt requested, postage prepaid, addressed as follows: If to "TAMUS": Associate Vice Chancellor for Real Estate System Real Estate Office The Texas A&M University System A&M System Building, Suite 1151 200 Technology Way College Station, Texas 77845-3424 If to "LUBBOCK": The City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Notice will be deemed given on the date it is hand delivered or deposited in the U.S. mail. XVI. Entire Agreement: This easement constitutes the entire agreement between TAMUS and LUBBOCK and will not be explained, modified, or contradicted by any prior or contemporaneous negotiations, representations, or agreements, either written or oral. This easement may only be amended by a subsequent written instrument. System Real Estate Office OFFICIAL DOCUMENT Page 6 of 9 SREO File No. 04060026 OGC File No. 2005-00109361 KBR — 02/0312005 XVII. Effective Date: This easement is deemed to be in force on the 14'h day of December, 2005. RECO 66TAWS99 BOARD OF REGENTS THE TEXAS A&M UNIVERSITY SYSTEM By: C��n� -a IL;C, JAM#S G. HOOTON Execu ive Vice Chancellor for Finance VAL: ELSA A. MURANO, Ph.D. Vice Chancellor for Agricultural and Life Sciences Director, Texas Agricultural Experiment Station Texas A&M University DAN K. B'UCHLY Associatq Vice Chancellor f r Real Estate System Real Estate Office The Texas A&M University System APPROVED AS TO FORM: REN B. ROYAL Staff Attorney Office of General Counsel The Texas A&M University System 0 System Real Fstate Office OFFICIAL DOCUMENT Page 7 of 9 SREO File No. 04460026 OCC File No. 2005-0009361 ICER — 07/032005 TERMS AND CONDITIONS EXPRESSLY ACKNOWLEDGED AND ACCEPTED: "LUBBOCK" THE CITY OF BB By: AARqVCDOUGAL Ma Attest: RE ECCA GARZA City Secretary APPROVED AS TO CONTENT: ED BUCY Right -of -Way Agent APPROVED AS TO FORM: LINDA L. CHAMALES Senior Attorney/Office Practice Section i Rea! Estate OfficeIAL DOCUMENT Page 8 of SREO FSIs No. 04060026 OGC File No. 2005-0009361 KBR - 02/0312005 ACKNOWLEDGMENTS STATE OF TEXAS § COUNTY OF BRAZOS § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared JAMES G. HOOTON, Executive Vice Chancellor for Finance, 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 it as the act and deed of the Board of Regents, The Texas A&M University System, for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , A.D. 2005. f4 P& LORICE DIAMOND { *+ NOTARY PUBLIC Notary Pu lic, State of Texas jP 1 State of Texas My Commission Expires: 3 - 1j `CoWn. Sxp. 03.17-2008 STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared MARC MCDOUGAL, Mayor, City of Lubbock, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed it for the purposes and consideration therein expressed, and in the capacity therein stated. GIV N UNDER MY HAND AND SEAL OF OFFICE this day of iernb-er 05. C ELIA W EBB " of Tem Vic«Ruibk' � a� W-01'2006 Nota ublic, State of Texas My Commission Expires: Q3-01-2064 System Real Estate Office OFFICIAL DOCUMENT Page 9 of 9 SREO File No. 04060026 OGC File No. 2005-0009361 KBR - 02/03/2005 r EXHIBIT 11A" TRACT I A tract of land out of Section 36, Block A, Lubbock, Lubbock County, Texas, being more particularly described as follows.- BEGINNING ollows: BEGINNING at a point that is a distance of 2640.70 feet North and a distance of 2141.78 feet West of the Southeast comer of Section 36, Block A, said point being the Southeast comer of the tract herein described; THENCE West, a distance of 660.12 feet pass a 314" 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 comer of Section 36, Block A, said point being the Southeast comer 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°06'45" W., a distance of 1125.00 feet to the PLACE OF BEGINNING. CONTAINING: 17.433 acres. FOSystem Real Estate Office OFFICIAL DOCUI4IENT GENEB& NOTES �tt1{. w Yam wisf r i Mi tWwl �w ••IA +i m.n�rW p�i^wwal.Yarwa _ �• � wrYl�A crit{ �� Rtw.i� I�r� 4w wr1 i y w'r� YI r�i a �1'tw♦iii%ie [ , I i I Ir 1 rr AIRF R1