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Res 64 5/22/1950STATE OF TEXAS ss BEFORE THE CITY COUNCIL CITY OF WICHITA FALLS ) OF THE CITY OF WICHITA FALLS, TEXAS. A RESOLUTION AUTHORIZING AND DIRECTING THE DISPOSAL AND SALE OF REAL ESTATE AND DECLARING AN EMERGENCY RESOLUTION NO, WHEREAS, The City of Wichita Falls, Texas, is the owner of the follow ICI ing described real estate situated in Wichita County, State of Texas, no part of which is needed for municipal governmental purposes, to-wit: All that certain tract or parcel of land lying and being in Wichita County, Texas, situated on the waters of the Wichita River andII'em- bracan g i n part, the f ollowing patented surveys; Lewis Wells, Abstract No. 323; Thomas Curry, Abstract No. 344; Richard Brown, Abstract No,. 521; and constituting the present Sheppard Field. All bearings in this description are turned from the true meridian, and all distances are expressed in feet. Beginning at a stone the most easterly southeast corner of the Lewis Wells Survey, common to the southwest corner of the Richard Brown Survey, and on the north line of the William Anglin Survey; Thence N. 00-21' W. with the division line between the Lewis Wells and the Richard Brown Surveys, 1521.7 feet to a stake for corner; Thence east, 510 feet to a stake for corner; Thence N. 0°-21' W., 500 feet to a stake for corner; Thence West, at 510.0 feet pass the division line between the Lewis Wells and the Richard Brown Surveys; continuing on same course, 573$.4 feet in all, to a stake on the east right-of-way line of U. S. Highway No. 70, said stake being 70 feet distant, at right angles, from the center line of said highway; Thence S. 0°-04' E., 'with the east right-of-way line of U. S. Highway No. 704. rijet-of way line being everywhere 70 feet distant and parallel to the center line of said Highway, 1655.4 feet to a stake; Thence in a southeasterly direction, with the east right- of-way`'line of U. S. Highway No. 70, along a curve to the left, having a radius. of 2794.9 feet, and being everywhere 70 feet distant from the center line of said Highway, 1161.0 feetc:to a stake; Thence S. 23° 52' E., with the east right-of-way line of U. S. Highway No. 70, said right-of-way line being everywhere 70 feet distant and parallel to the center line of said High- way, at 53.2 feet pass the division line between the Lewis Wells and the Thomas Curry Surveys; continuing on the same course, 3287.0 feet in all, to a stake in the north right- of-way line of county road, said stake being 50 feet distant, at right angles, from the center line of county road. Thence N. 89° 29' E., with the north right-of-way line of county road, said right-of-way line being everywhere 50 feet distant and parallel to the center line of said county road, 3444,8 feet to a stake on the division line between the Thomas Curry and the William Anglin Surveys; Thence N. 0° 37' W., with the division line between the Thomas Curry and the William Anglin Surveys, at 296004 feet pass the Northeast corner of the Thomas Curry Survey, common to the most westerly southeast corner of the Lewis Wells Survey; continuing on the same course, with the division line between the Lewis Walls and the William Anglin Survey, 3733.0 feet in all, to the northwest corner of the William Anglin Survey, common to an interior corner of the Lewis Wells Survey; Thence N. 89° 23' E. with the division line between the Lewis Wells and the William Anglin Surveys; 265.4 feet, to the place of beginning, containing 614.93 acres, more or less. Also a tract of land situated in Wichita County, Texas, consti- tuting the present Kell Field, and land used in connection there- with, described as follows: Beginning at the northeast corner of the Lewis Wells Sur- vey, Abstract 323, Wichita County, Texas.. Thence west along the north line of said Lewis Wells Sur- vey 5234.6 ft. to a corner in the east right-of-way line of U. S. Highway #70, said corner being 50 ft., measured at right angles from the center line of the pavement on said highway. Thence S. 0°-04' E. along said Highway #70 east right-of- way line, and 50 ft. distant from the center line of the original pavement, 4092.5 ft. to corner in the south line of the road into Kell Field Airport. Thence east 20 ft. to a corner. Thence S. 0°--04' E. along the east right-of-way of U. S. Highway #70, and 70 ft. distant from the center line of the original pavement, for a distance of 920 ft. to a corner in the north line of Sheppard Field. Thence east along the division line between Sheppard Field and Kell Field, at 5228.4 ft. pass the division line between the Lewis Wells Survey and the Richard Brown Survey, in all a distance of 5798.0 ft. to a corner. Thence N. 0°-12' W. 1115.0 ft. to a corner in the division line between the Richard Brown Survey and the T. Bailey Survey, Abstract 20. Thence N. 45°-Of W. along the division line between the Richard Brown and T. Bailey Surveys 417.3 ft. to a corner. Thence west 275.0 ft. to the northwest corner of the said Richard Brown- Survey, said corner being in the east line of the Lewis Wells Survey. Thence N. 00-14f W. along the east line of said Lewis Wells Survey 3602.5 ft. to northeast corner of said survey, being the place of beginning. Containing within these metes and bounds 623.3 acres of land more or less; less certain right-of-way heretofore conveyed to the Texas State High- way Department for the purpose of widening the right-of- way for U. S. Highway #70. WHEREAS, the United States Government has constructed thereon an aircraft landing field and air field, which is known as the Sheppard Air Force Base Military Reservation for the use of the United States Army Air Forces; and WHEREAS, the above described land is now and has been used and occupied by the United States of America for such air field and Air Force Base, under leases from the City of Wichita Falls, Texas; and WHEREAS, the. Chief of Staff of the United States Air Force has deemed that a military necessity exists for the acquisition of said land and that fee simple title thereto should be vested ih the United States; and WHEREAS, the United States of America has requested the transfer of title to said property to it and has offered to pay to the City of Wichita Falls, Texas, a nominal consideration, or a consideration of the sum of ONE and N0/100 DOLLAR ($1.00); and WHEREAS, the Mayor and City Council of this City deem it advisable, proper, and for the best interests of the City to sell and convey said property for said consideration. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Wichita Falls, Texas, duly assembled in lawful and regular session in said City on this ° --'day of May, 1950, a quorum of said Council being present and participating, a motion having been duly made and seconded for such purpose, that the City convey to the United States of America all of its right, title and interest in said land and lands hereinbefore described, for the sum of ONE and NO/l00 DOLLAR ($1.00) and for no other monetary consideration, subject, however, to the ability of the City to convey good title and possession of said land, and further subject to the right of certain certified air carriers and private air- craft to use said field for an interim period, not to exceed four years, as is fully set out in letter dated May 15, 1950, from Gen. ':mil C. Kiel to the Honorable Harold Jones, Mayor of the City of Wichita Falls, copy of which said letter is attached hereto and made a part hereof, which motion was unanimously adopted by the Mayor and City Council of this City. IT IS HEREBY RESOLVED AND ORDERED: That said motion be, and is hereby adopted and that the City of Wichita Falls, Texas, is hereby authorized to convey by an appropriate conveyance the hereinbefore described lands in fee to the United. States of America and that the Mayor of said City be, and is hereby authorized to make and execute all instruments necessary for the consummation of said transaction and execute deed or deeds conveying said property to the United States of America, pursuant to both the express and implied provisions of this Resolution, and pursuant to law. That by reason of the fact that the United States Government is in urgent need of the fee simple title to said land, it is deemed necessary that said conveyance be made without delay. Therefore, for the preservation of the public health, peace and safety an emergency is hereby declared to exist whereby this Resolution shall be in full force and effect from and after its adoption. PASSED AND ADOPTED this -day of May, 1950. This motion was duly passed and adopted by the Mayor and City Council of the City of Wichita Falls, Texas, the day and year above written. r r 1 4 / ' Mayor City of Wichita F-' 1 s, Texas ATTEST: City Clerk STATE OF TEXAS ss CITY OF WICHITA FALLS ) CERTIFICATE I, the undersigned, being the duly qualified and acting City Clerk and Secretary of the said City of Wichita Falls, Texas, do hereby certify that the above and foregoing Resolution is a true and exact copy of the foregoing Resolution duly and regularly adopted by the Mayor and City Council of the City of Wichita Falls, Texas, and that said Resolution is in full force and effect at the time of this certificate, all as is shown by the official records of said City in my custody. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of my office this day of 1950. SEAL) City Clerk Sheppard Air Force Base, Texas, 15 May 1950 The Honorable Harold Jones Mayor of the City of Wichita Falls Wichita Falls, Texas Dear Sir: Should the City of Wichita Falls deed the property now known as Kell Field and Sheppard Air Force Base to the United States Air Force in its entirety and unequivocably, certain operational problems would arise concerning utilization by commercial and private aircraft operators. In order to resolve pertinent questions thereto, the matter was referred to both the Air Training Command at Scott Air Force Base, Belleville, Illinois, and U. S. Air,Force Headquarters in Washington. A statement concerning operational concepts is not possible, and this statement of policy is given after due consideration of the .many points in question and of the responsibilities and obligations assumed by the military and the general public under similar circumstances. 1. For an interim period, not to exceed four years, the United States Air Force would agree to allow certified air carriers to operate to and from Sheppard Air Force Base. 2, For a like period of time, private aircraft, properly certified,tWoway radio equipped, and flown by licensed pilots would be allowed to base and operate from Sheppard Air Force Base. 3. Proper maintenance and servicing for private and commercial aircraft under t11 above restrictions would be acceptable. 4. The Air Force would not countenance any type of flight training by civilian operators at Sheppard Air Force Base. 5. In the event of a national emergency, an entirely different operational concept of Sheppard Air Force, Base might arise which nould necessitate a change in tenant operation and possibly preclude all but the military. I am sure you are aware that the right to operate from a military airfield by a civilian operator is agreed to in contract form with the government. There are, however, several Air Force Bases where joint utilization is now in operation with no undue hardship. Sincerely yours, EMIL C. KIEL Brigadier..General, U.S.A.F. Commanding COPY