HomeMy WebLinkAboutResolution - 1681 - Avigation Easement - Texas A&M - Air Space Rights, Sec 36 Block A - 05/10/1984y,� t
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RESOLUTION
RESOLUTION 1681 - 5/10/84
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 an Avigation
Easement, the Lubbock International Airport 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 Resolu-
tion as if fully copied herein in.detail.
Passed by the City Council this 10th day o
ATTEST:
Evelyn Ga ga, City S c t -Treasurer
APPROVED AS TO CONTENT:
R
Marvin Coffee, Dir or of Aviation
APPROVED AS TO FORM:
i e lisar, Assis City Attorney
f May , 1984.
ilz - V4
ALANFHENRYt,ftY
RESOLUTION -1681 - 5/10/84
AVIGATION EASEMENT
THE STATE OF TEXAS i
COUNTY OF LUBBOCK I
WHEREAS, THE BOARD OF REGENTS OF THE TEXAS A&M UNIVERSITY
SYSTEM, herein called Grantor, is the owner in fee of approxi-
mately 34.866 acres of land situated in Lubbock County, Texas,
described as follows, to wit:
TRACT I: Field notes for an easement out of Section 36, Block
Al Lubbock County, Texas, and being more particularly
described as follows:
BEGINNING at a point that is 2,640.7 feet North and
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 at 660.12 feet pass a 3/4" iron pipe, and
continuing for a total distance of 675.0 feet to a
point;
THENCE North 00 06' 45" East 1,125.0 feet to a
point;
THENCE East 675.0 feet to a point;
THENCE South 00 06' 45" West, 1,125.0 feet to the
PLACE OF BEGINNING, containing 17.433 acres.
TRACT II: Field notes for an easement out of Section 36, Block
A, Lubbock County, Texas, and being more particularly
described as follows:
BEGINNING at a point that is 2,640.7 feet North and
3,216.78 feet West of the Southeast corner of Section
36, Block A, said point being the Southeast corner of
the tract herein described;
THENCE West 675.0 feet to a point;
THENCE North 00 06' 45" East, 1,125.0 feet to a
point;
THENCE East 675.0 feet to a point;
THENCE South 00 06' 45" West, 1,125.0 feet to the
PLACE OF BEGINNING, containing 17.433 acres.
THE two tracts described above are hereinafter referred to as
"Parcel 10. Whereas, the LUBBOCK INTERNATIONAL AIRPORT, herein
called Grantee and hereinafter referred to as the "Airport," is
situated in the County of Lubbock in proximity to the land
described and referred to as Parcel 1; now, therefore,
1. In consideration of the premises and of other good and
valuable consideration, Grantor, acting by and through its Chan-
cellor, duly authorized by Board Minute Order 21-84 of the Board,
conveys to the Grantee an avigation and right-of-way easement for
the unobstructed and unrestricted lawful flight of aircraft used,
or designed for navigation of, or flight in, through, and across
the air space, at any altitude or height above the ground level of
Parcel 1, but not in such manner or height that would, or will,
interfere with Grantor's use of the surface for agricultural,
experimental, and other lawful purposes, together with the right
to cause in such air space noise and vibrations that are necessary
to the operation of all aircraft landing at, or taking off from,
or operating at or on said Airport.
2. If the Airport should cease to be used as a public air-
port or abandoned as such, then the Grantee herein, its successors
and assigns, shall release the rights herein granted and shall
reconvey to the Grantor, its successors and assigns, all rights
covered herein at the then fair market value of such rights.
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THENCE East 675.0 feet to a point;
THENCE South 00 06' 45" West, 1,125.0 feet to the
PLACE OF BEGINNING, containing 17.433 acres.
THE two tracts described above are hereinafter referred to as
"Parcel 10. Whereas, the LUBBOCK INTERNATIONAL AIRPORT, herein
called Grantee and hereinafter referred to as the "Airport," is
situated in the County of Lubbock in proximity to the land
described and referred to as Parcel 1; now, therefore,
1. In consideration of the premises and of other good and
valuable consideration, Grantor, acting by and through its Chan-
cellor, duly authorized by Board Minute Order 21-84 of the Board,
conveys to the Grantee an avigation and right-of-way easement for
the unobstructed and unrestricted lawful flight of aircraft used,
or designed for navigation of, or flight in, through, and across
the air space, at any altitude or height above the ground level of
Parcel 1, but not in such manner or height that would, or will,
interfere with Grantor's use of the surface for agricultural,
experimental, and other lawful purposes, together with the right
to cause in such air space noise and vibrations that are necessary
to the operation of all aircraft landing at, or taking off from,
or operating at or on said Airport.
2. If the Airport should cease to be used as a public air-
port or abandoned as such, then the Grantee herein, its successors
and assigns, shall release the rights herein granted and shall
reconvey to the Grantor, its successors and assigns, all rights
covered herein at the then fair market value of such rights.
t
TO HAVE AND TO HOLD said easement and all rights pertaining
thereto unto the Grantee, its successors and assigns, for a period
of ten (10) years from this date, which term is limited by opera-
tion of Section 85.26(c), Texas Education Code.
EXECUTED, this 6th day of April , 1984.
GRANTOR:
GRANTEE:
ATTEST:
Evelyn Ga fga, CMC
City Secretary
-----------
THE
-- -- -THE STATE OF TEXAS �
COUNTY OF BRAZOS
BOARD OF REGENTS
THE TEXAS A&M UNIVERSITY SYSTEM
W. A. Wasson
Associate Vice Chancellor and
System Comptroller for
Arthur G. Hansen, Chancellor
LUBBOCK INTERNATIONAL AIRPORT
/k, - 48
Name
MAYOR
Title
BEFORE ME, the undersigned authority, on this day personally
appeared William A. Wasson, Associate Vice Chancellor and System
Comptroller, 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 for the purposes
and consideration therein expressed, and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 6 of
A
_ril , 1984. —1
Notary—P—Ub1i-ce�n and f
Brazos County, to s
L. Smith
THE STATE OF TEXAS N
COUNTY OF
BEFORE ME the dersigned authority, on this day personally
appeared ,
known to me to be the pers n 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 therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
1984.
Nott y P blip in and for
_ County
f
THE STATE OF TEXAS N
COUNTY OF
BEFORE ME the dersigned authority, on this day personally
appeared ,
known to me to be the pers n 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 therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
1984.
Nott y P blip in and for
_ County