HomeMy WebLinkAboutContract 40579 (2)ORIGINAL
Q
U.S. Department
of Transportation
Federal Aviation
Administration
GRANT AGREEMENT
PART I —OFFER
July 19, 2010
Date of Offer
3-48-0296-042-2010
Grant No
073170458
DUNS No
cirr sECReroRv/'
CONTRACT NO. `Fo1
Fort Worth Alliance
Airport/Planning Area
TO: City of Fort Worth
(herein called the "Sponsor")
FROM: The United States of America (acting through the Federal Aviation Administration, herein called the "FAA")
WHEREAS, the Sponsor has submitted to the FAA a Project Application dated February 16, 2010, for a grant
of Federal funds for a project at or associated with the Fort Worth Alliance Airport, which Project Application,
as approved by the FAA, is hereby incorporated herein and made a part hereof; and
WHEREAS, the FAA has approved a project for the Airport (or Planning Area) (herein called the "Project")
consisting of the following:
Extend Runway 16L and 16R; credit as the complete local share for donation of Parcel H-28 and 30A.
all as more particularly described in the Project Application.
FAA Form 51A0-37 (10-89)-5100-38C
OFFICIA9� RECOR®
CITY SECRETARY
FT. WORTH, TX
07-21-10 P02�42 IN
NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of Title 49, United States
Code, as amended, herein called "the Act," and in consideration of (a) the Sponsor's adoption and ratification
of the representations and assurances contained in said Project Application and its acceptance of this Offer
as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the
accomplishment of the Project and compliance with the assurances and conditions as herein provided, THE
FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY
OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing
the Project, 95 per centum thereof.
This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
CONDITIONS
1. The maximum obligation of the United States payable under this Offer shall be $10,000,000. For the
purposes of any future grant amendments which may increase the foregoing maximum obligation of the
United States under the provisions of Section 47108(b) of the Act, the following amounts are being specified
for this purpose:
$10,000,000 for airport development.
2. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for
consideration as to allowability under the Act.
3. Payment of the United States' share of the allowable project costs will be made pursuant to and in
accordance with the provisions of such regulations and procedures as the Secretary shall prescribe. Final
determination of the United States' share will be based upon the final audit of the total amount of allowable
project costs and settlement will be made for any upward or downward adjustments to the Federal share of
costs.
4. The Sponsor shall carry out and complete the Project without undue delays and in accordance with the terms
hereof, and such regulations and procedures as the Secretary shall prescribe, and agrees to comply with the
assurances which were made part of the project application.
5. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the Sponsor.
& This offer shall expire and the United States shall not be obligated to pay any part of the costs of the project
unless this offer has been accepted by the Sponsor on or before July 23, 2010, or such subsequent date as
may be prescribed in writing by the FAA.
7, The Sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent fraudulently,
wastefully, or in violation of Federal antitrust statutes, or misused in any other manner in any project upon
which Federal funds have been expended. For the purposes of this grant agreement, the term "Federal
funds" means funds however used or dispersed by the Sponsor that were originally paid pursuant to this or
any other Federal grant agreement. It shall obtain the approval of the Secretary as to any determination of
the amount of the Federal share of such funds. It shall return the recovered Federal share, including funds
recovered by settlement, order, or judgment, to the Secretary. It shall furnish to the Secretary, upon request,
all documents and records pertaining to the determination of the amount of the Federal share or to any
settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final
positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share shall be approved
in advance by the Secretary.
8. The United States shall not be responsible or liable for damage to property or injury to persons which may
arise from, or be incident to, compliance with this grant agreement.
9. LETTER OF CREDIT: The Sponsor agrees to request cash drawdowns on the letter of credit only when
actually needed for its disbursements and to timely reporting of such disbursements as required. It is
understood that failure to adhere to this provision may cause the letter of credit to be revoked.
10. INFORMAL LETTER AMENDMENT OF AIP PROJECTS: It is mutually understood and agreed that if, during
the life of the project, the FAA determines that the maximum grant obligation of the United States exceeds the
expected needs of the Sponsor by $25,000.00 or five percent (5%), whichever is greater, the maximum
FAA Form 5100-37 (10-89)-5100-38C 2 Of 7
obligation of the United States can be unilaterally reduced by letter from the FAA advising of the budget
change. Conversely, if there is an overrun in the total actual eligible and allowable project costs, FAA may
increase the maximum grant obligation of the United States to cover the amount of the overrun not to exceed
the statutory percent limitation and will advise the Sponsor by letter of the increase. It is further understood
and agreed that if, during the life of the project, the FAA determines that a change in the grant description is
advantageous and in the best interests of the United States, the change in grant description will be unilaterally
amended by letter from the FAA. Upon issuance of the aforementioned letter, either the grant obligation of
the United States is adjusted to the amount specified or the grant description is amended to the description
specified.
11. PAVEMENT MAINTENANCE MANAGEMENT PROGRAM: For a project to replace or reconstruct pavement
at the airport, the Sponsor shall implement an effective airport pavement maintenance management program
as is required by Airport Sponsor Assurance Number C-11. The Sponsor shall use such program for the
useful life of any pavement constructed, reconstructed, or repaired with federal financial assistance at the
airport. As a minimum, the program must conform with the provisions outlined below
Pavement Maintenance Manaaement Proaram
An effective pavement maintenance management program is one that details the procedures to be followed
to assure that proper pavement maintenance, both preventive and repair, is performed. An airport sponsor
may use any form of inspection program it deems appropriate. The program must, as a minimum, include
the following:
a. Pavement Inventory. The following must be depicted in an appropriate form and level of detail:
(1) location of all runways, taxiways, and aprons;
(2) dimensions;
(3) type of pavement, and;
(4) year of construction or most recent major rehabilitation.
For compliance with the Airport Improvement Program (AIP) assurances, pavements that have been
constructed, reconstructed, or repaired with federal financial assistance shall be so depicted.
b. Inspection Schedule.
(1) Detailed Inspection. A detailed inspection must be performed at least once a year. If a history of
recorded pavement deterioration is available, i.e., Pavement Condition Index (PCI) survey as set
forth in Advisory Circular 150/5380-6, "Guidelines and Procedures for Maintenance of Airport
Pavements," the frequency of inspections may be extended to three years.
(2) Drive -By Inspection. A drive -by inspection must be performed a minimum of once per month to
detect unexpected changes in the pavement condition.
c. Record Keeping. Complete information on the findings of all detailed inspections and on the
maintenance performed must be recorded and kept on file for a minimum of five years. The types of
distress, their locations, and remedial action, scheduled or performed, must be documented. The
minimum information to be recorded is listed below:
(1) inspection date,
(2) location,
(3) distress types, and
(4) maintenance scheduled or performed.
For drive -by inspections, the date of inspection and any maintenance performed must be recorded.
d. Information Retrieval. An airport sponsor may use any form of record keeping it deems appropriate,
so long as the information and records produced by the pavement survey can be retrieved to provide a
report to the FAA as may be required.
e. Reference. Refer to Advisory Circular 150/5380-6, "Guidelines and Procedures for Maintenance of
Airport Pavements," for specific guidelines and procedures for maintaining airport pavements and
establishing an effective maintenance program. Specific types of distress, their probable causes,
inspection guidelines, and recommended methods of repair are presented.
FAA Form 5100-37 (10-89)-5100-38C 3 Of 7
12. PROJECTS WHICH CONTAIN PAVING WORK IN EXCESS OF $250,000: The Sponsor agrees to perform
the following:
a. Furnish a construction management program to FAA prior to the start of construction which shall detail
the measures and procedures to be used to,complyfwith the quality control provisions of the
construction contract, including, but not limited to, all quality control provisions and tests required by the
Federal specifications. The program shall include as a minimum:
(1) The name of the person representing the Sponsor who has overall responsibility for contract
administration for the project and the authority to take necessary actions to comply with the
contract.
(2) Names of testing laboratories and consulting engineer firms with quality control responsibilities on
the project, together with a description of the services to be provided.
(3) Procedures for determining that testing laboratories meet the requirements of the American Society
of Testing and Materials standards on laboratory evaluation, referenced in the contract
specifications (D 3666, C 1077).
(4) Qualifications of engineering supervision and construction inspection personnel.
(5) A listing of all tests required by the contract specifications, including the type and frequency of tests
to be taken, the method of sampling, the applicable test standard, and the acceptance criteria or
tolerances permitted for each type of test.
(6) Procedures for ensuring that the tests are taken in accordance with the program, that they are
documented daily, and that the proper corrective actions, where necessary, are undertaken.
b. Submit at completion of the project, a final test and quality control report documenting the results of all
tests performed, highlighting those tests that failed or that did not meet the applicable test standard.
The report shall include the pay reductions applied and the reasons for accepting any out -of -tolerance
material. An interim test and quality control report shall be submitted, if requested by the FAA.
c. Failure to provide a complete report as described in paragraph b, or failure to perform such tests, shall,
absent any compelling justification, result in a reduction in Federal participation for costs incurred in
connection with construction of the applicable pavement. Such reduction shall be at the discretion of
the FAA and will be based on the type or types of required tests not performed or not documented and
will be commensurate with the proportion of applicable pavement with respect to the total pavement
constructed under the grant agreement.
d. The FAA, at its discretion, reserves the right to conduct independent tests and to reduce grant
payments accordingly if such independent tests determine that sponsor test results are inaccurate.
13. BUY AMERICAN REQUIREMENT: Unless otherwise approved by the FAA, the Sponsor will not acquire or
permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the
United States to be used for any project for airport development or noise compatibility for which funds are
provided under this grant. The Sponsor will include in every contract a provision implementing this special
condition.
14. TRAFFICKING IN PERSONS: (Provision applicable to a recipient other than a private entity.)
a. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if a
sub recipient that is a private entity--
1. Is determined to have violated an applicable prohibition in paragraph a.1 of this award term; or
2. Has an employee who is determined by the agency official authorized to terminate the award
to have violated an applicable prohibition in paragraph a.1 of this award term through conduct
that is either--
i. Associated with performance under this award; or
ii. Imputed to the sub recipient using the standards and due process for imputing the conduct
of an individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to
Agencies on Government wide Debarment and Suspension (Non procurement)," as
implemented by our agency at 49 CFR Part 29.
b. Provisions applicable to any recipient.
FAA Form 5100-37 (10-89)-5100-38C 4 Of 7
1. You must inform us immediately of any information you receive from any source alleging a
violation of a prohibition in paragraph a.1 of this`award term.
2. Our right to terminate unilaterally that is described in paragraph a.2 or b of this section:
i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as
amended (22 U.S.C. 7104(g)), and `
ii. Is in addition to all other remedies for noncompliance that are available to us under this
award.
3. You must include the requirements of paragraph a.1 of this award term in any sub award you
make to a private entity.
c. Definitions. For purposes of this award term:
1. "Employee" means either:
i. An individual employed by you or a sub recipient who is engaged in the performance of the
project or program under this award; or
ii. Another person engaged in the performance of the project or program under this award and
not compensated by you including, but not limited to, a volunteer or individual whose
services are contributed by a third party as an in -kind contribution toward cost sharing or
matching requirements.
2. "Forced labor" means labor obtained by any of the following methods: the recruitment,
harboring, transportation, provision, or obtaining of a person for labor or services, through the
use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage,
debt bondage, or slavery.
3 "Private entity":
i. Means any entity other than a State, local government, Indian tribe, or foreign public entity,
as those terms are defined in 2 CFR 175,25,
ii. Includes:
A. A nonprofit organization, including any nonprofit institution of higher education,
hospital, or tribal organization other than one included in the definition of Indian tribe at
2 CFR 175.25(b).
Be A for -profit organization.
4. "Severe forms of trafficking in persons," "commercial sex act," and "coercion" have the
meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102).
15. MAXIMUM OELIGATION INCREASE FOR NONPRIMARY AIRPORTS: In accordance with Section
47108(b) of the Act, as amended, the maximum obligation of the United States, as stated in Condition No. 1
of this Grant Offer:
a. may not be increased for a planning project;
bo may be increased by not more than 15 percent for development projects;
tee
cs may be increased by not more than 15 percent or by an amount not to exceed 25 percent of the total
increase in allowable costs attributable to the acquisition of land or interests in land, whichever is
greater, based on current credible appraisals or a court award in a condemnation proceeding.
16. RUNWAY PROTECTION ZONES: The Sponsor agrees to take the following actions to maintain and/or
acquire a property interest, satisfactory to the FAA, in the Runway Protection Zones:
a. Existing Fee Title Interest in the Runway Protection Zone: The Sponsor agrees to prevent the
erection or creation of any structure or place of public assembly in the Runway Protection Zone, except
for NAVAIDS that are fixed by their functional purposes or any other structure approved by the FAA.
Any existing structures or uses within the Runway Protection Zone will be cleared or discontinued
unless approved by the FAA.
b. Existing Easement Interest in the Runway Protection Zone: The Sponsor agrees to take any and
all steps necessary to ensure that the owner of the land within the designated Runway Protection Zone
will not build any structure in the Runway Protection Zone that is a hazard to air navigation or which
might create glare or misleading lights or lead to the construction of residences, fuel handling and
FAA Form 5100-37 (10-89)-5100-38C 5 Of 7
storage facilities, smoke generating activities, or places of public assembly, such as churches, schools,
office buildings, shopping centers, and stadiums.
c. Future Interest in the Runway Protection Zone: The Sponsor agrees that it will acquire fee title or
less -than -fee interest in the Runway Protection Zores for runways that presently are not under its
control within 5 years of this Grant Agreement. Said interest shall provide the protection noted in
above Subparagraphs a and b.
The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated
herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this
Offer and Acceptance shall comprise a Grant Agreement, as provided by the Act, constituting the contractual
obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project
and compliance with the assurances and conditions as provided herein. Such Grant Agreement shall become
effective upon the Sponsor's acceptance of this Offer.
UNITED STATES OF AMERICA
FEDERAL AVIATION ADIVIMSTRATION
(Signature)
J. Michael Nicely
(Typed Name)
Manager, Texas Airports Development
Office
(Title)
OFFICIAL REGARD
CITY SECREYARY
FT WORTH, TX
FAA Form 5100-37 (10-89)-5100-38C 6 of 7
PARTII-ACCEPTANCE
The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties,
covenants, and agreements contained in the Project Application and incorporated materials referred to in the
foregoing Offer and does hereby accept this Offer and by Such acceptance agrees to comply with all of the
terms and conditions in this Offer and in the Project Application.
Executed this 4D %Ah day of iJ
05 City of Fort Worth
Contract Authorization -.--......._..... .......
(Name of Sponsor)
3ic \10 a�left12'r N , z-1
(SEAL)
r.i
�P� (Signature of Sponsor's Designated Official
d'
y' Representative)
01 B Fernando Costa .... y F! ....................- ........___......._......__.. ....__..._.................._........._..................................................................._..........__.... .........
........................
�d (Typed Name of Sponsor's Designated Official
Representative)
Title: Assistant City Manager
.................... .........................._...............__..__......................__............................ _.... ....... ........... ..... ...._......_ __.........---.................................._.........
(Typed Title of Sponsor's Designated Official
Representative)
CERTIFICATE OF SPONSOR'S ATTORNEY
I , lnll /'G lL'f acting as Attorney for the Sponsor do hereby certify:
That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of
the State of Texas Further, I have examined the foregoing Grant Agreement and the actions
taken by said Sponsor and Sponsor's official representative has been duly authorized and that the execution
thereof is in all respects due and proper and in accordance with the laws of the said State and the Act. In
addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no
legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said
Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms
thereof.
i�
Off n
M44
(Signature of Sponsor's Attorney)
OFFICIAL RECORD
CITY SECRETARY
T.
WORTH, TX
FAA Form 5100-37 (10-89)-5100-38C 7 Of 7
APPLICATION FOR
2. DATE SUMMED
Applicant identifier
FEDERAL ASSISTANCE
1, TYPE OF SUBMISSION:
3. DATE RECEIVED BY STATE
Slate AppllcaUon Identifier
Application
reapplication
4. DATE RECEIVED BY FEDERAL AGENCY
Federal Identifier
® Construction
struction
❑ Non•Construction
-Construction
5. APPLICANT INFORMATION
Legal Name:
Organizational Unit: AVIATION DEPARTMENT
CITY OF FORT WORTH
Department:
Organizational DUNS:
Division:
Address:
Name and telephone number of person to be contacted on
matters involving this application (give area code)
Street: 1000 THROCKMORTON STREET
Prefix: MR,
First Name: TIM
City: FORT WORTH
Middle Name:
County: TARRANT
Last Name: WARD
State: TX
Zip Code: 76102
Suffix:
Country: UNITED STATES
Email: TIM.WARD@HILLWOOD.COM
6. EMPLOYER IDENTIFICATION NUMBER EIN):
Phone number (give area code):
FAX number (give area code):
1 7_ 5 0 0 5 2 8 6
817.890=1000
817-430**2875
8. TYPE OF APPLICATION:
7. TYPE OF APPLICANT: (See back of form for Application Types)
Dc
0 New ❑ Continuation ❑ Revision
Other (specify)
If Revision, enter appropriate letter(s) in box(es):
(See back of form for description of letters)
9. NAME OF FEDERAL AGENCY
FEDERAL AVIATION ADMINISTRATION, SW
Other (specify)
REGION, FORT WORTH, TEXAS 76193-0650
11. DESCRIPTIVE TITLE OF_APPLICANTS PROJECT:
10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER
TITLE: AIRPORT IMPROVEMENT
PROGRAM
12. AREAS AFFECTED BY PROJECT (cities, counties, states, etc.):
CITY OF FORT WORTH / NORTH TARRANT COUNTY
13. PROPOSED PROJECT
14. CONGRESSIONAL DISTRICTS OF
Start Date
Ending Date
a. Applicant
b. Project
4/1/2010
4/1/2014
TEXAS 6,12
TEXAS 12
15, ESTIMATED FUNDING
16. IS APPLICATION SUBJECT TO REVIEW BY STATE
EXECUTIVE ORDER 12372 PROCESS
a. Yes. ❑ THIS PREAPPLICATION/APPLICATION WAS MADE
a. Federal
$ 20,0001000
AVAILABLE TO THE STATE EXECUTIVE ORDER 12372
PROCESS FOR REVIEW ON
DATE:
b. No. EI PROGRAM IS NOT COVERED BY E. O. 12372
❑ OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR
b. Applicant
$ 17052,632
c. State
$ ouu
d. Local
$
e. Other
$ Still
REVIEW
f. Program income
$ Mu17.
IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT?
❑Yes If "Yes" attach an explanation ® No
g. TOTAL
$ 219052,632
18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATIONIPREAPPLICATION ARE TRUE AND CORRECT, THE
DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE
ATTACHED ASSURANCES IF THE ASSISTANCE 1S AWARDED,
a. Authorized Representative
Prefix MR. First Name FERNANDO
Middle Name
Last Name COSTA
Suffix
b. Title ASSISTANT CITY MANAGER
c. Telephone number (give area code)
817-392-6122
d4lau e o thorized ReixoReptative
e. Date Signed
,3 1o%o
Previous Editions
Not
Usable
Standard
Form 424 IRev_9-20031
Authorized for Local Reproduction
Prescribed by OMB CircularA-102
DEPARFMENt OF TRANSPORTATION -FEDERAL AVIATION ADMINISTRATION
OMB N0.2120A559
11=12007
PART 11
PROJECT APPROVAL INFORMATION
SECTION A
Item '{. Name of Governing Body
Does this assistance request require State, Priority
local, regional, or other priority rating?
❑ Yes KJ No
{tem 2.
Does this assistance request require State, local
advisory, educational or health clearances?
❑Yes K❑ No
Item 3.
Does this assistance request require clearinghouse
review in accordance with OMB Circular A-95?
FK]Yes ❑ No
Item 4.
Does this assistance request require State,
local, regional, or other planning approval?
IIc Yes ❑, No
Item 5.
Is the proposed project covered by an approved
comprehensive plan?
Item 6.
Wi{I the assis#ance requested serve a
Federal installation?
❑Yes
K❑ No
®Yes ❑K No
Item 7.
Wiil the assistance requested be on Federal land
ar installation?
❑Yes � No
item 8.
Will the assistance requested have an impact
or effect on the environment?
Ifem 9.
Will the assistance requested cause the displacement
of individuals, families, businesses, or farms?
❑Yes 0 No
Item 90.
Is there other related Federal assistance an this
I previous, pending, or anticipated?
Name of Agency or Board
(Attach Documentation)
(Attach Comments)
Name of Approving Agency
NCTCOG
Date / /
Check One: State ❑
Local ❑
Regional ❑
Location of plan City of Fort Worth
Name of Federal installation
Federal Population benefiting from Project
Name of Federal Installation
Location of Federal Land
Percent of Project
instructions for dditional information
See ato be
provided.
Number of:
Individuals
Families
Businesses
Farms
See instructions for additional information to be provided.
FAA Form 5100-100 (&73) SUPERSEDES FAA FORM 5100.100 (9A3) Page 2
DEPARTh1ENT OF TRANSPORTATION -FEDERAL AVIATIONADMlNISTRATION OMB N0.2120-0568
PART 11- SECTION C
The Sponsor hereby represents and certifies as follows:
1. Compatible Land Use. —The Sponsor has taken the following actions to assure compatible usage of land adjacent to or
in the vicinity of the airport:
THE CITY OF FORT WORTH HAS ADPOPTED ORDINANCE NO. 10121, DATED JUNE 21 1988, ENTITLED FORT
WORTH ALLIANCE AIRPORT ZONING OVERLAY, RELATED TO HEIGHT AND LAND USE ZONING
2. Defaults. —The Sponsor is not in default on any obligation to the United States or any agency of the United States
Government relative to the development, operation, or maintenance of any airport, except as stated herewith:
NONE
3. Possible Disabilities. —There are no facts or circumstances (including the existence of effective or proposed leases, use
agreements or other legal instruments affecting use of the Airport or the existence of pending litigation or other legal
proceedings) which in reasonable probability might make it impossible for the Sponsor to carry out and complete the Project
or carry out the provisions of Part V of this Application, either by limiting its legal or financial ability or otherwise, except as
follows:
NONE
4. Consistency with Local Plans. —The project is reasonably consistent with plans (existing at fhe time of submission of this
application) of public agencies that are authorized by the State to which the project is located to plan for the development of
the area surrounding the airport. YES
5. Consideration of Local Interest. — It has given fair consideration to the interest of communities in or near where the
project may be located. YES
6. Consultation with Users. In making a decision to undertake any airport development project under Title 49, United
States Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed.
YES
7. Public Hearings. — In projects involving the location of an airport, an airport runway or a major runway extension, it has
afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects
of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by
the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the
Secretary. Further, for such projects, it has on its management board either voting representation from the communities
where the project is located or has advised the communities that they have the right to petition the Secretary concerning a
proposed project. YES
8. Air and Water Quality Standards. — In projects involving airport location, a major runway extension, or runway location it
will provide for the Governor of the state in which the project is located to certify in writing to the Secretary that the project
will be located, designed, constructed, and operated so as to comply with applicable and air and water quality standards. In
any case where such standards have not been approved and where applicable air and water quality standards have been
promulgated by the Administrator of the Environmental Protection Agency, certification shall be obtained from such
Administrator. Notice of certification or refusal to certify shall be provided within sixty days after the project application has
been received by the Secretary. YES
FAA Form 5100-'100 {9-03) SUPERSEDES FAA FORM 5100-1�0 {673) Page 3a
DEPARTMENT OF TRANSPORTATION -FEDERAL AVIATION ADMINISTRATION
PART 11 _ SECTION C (CONTINUED)
OMB N0. 2120-0569
9. Exclusive Rights. There is no grant of an exclusive right for the conduct of any aeronautical activity at any airport
owned or controlled by the Sponsor except as follows:
NONE
10. Land. - {a) The sponsor holds the following property interest in the following areas of land* which are to be developed
or used as part of or in connection with the Airport subject to the following exceptions, encumbrances, and adverse
interests, all of which areas are identified on the aforementioned property map designated as Exhibit "A":
FEE SIMPLE TIUTLE TO PARCELS: A-1 THRU A-9, 3 THRU 7, 9110, 1lA, 11-(1), 12 112B, 12, 14H, 14(I), 18, 17, 18,
19, 20, 27,283 30130A, 31131 32A, 32C, 33A, 33131 39, H AND H-1 THRU 11-28, AND EASEMENTS, CLEARANCE
LICENSE, OR OTHER USE RESTRICTIONS TO PARCELS $A, 8131 11, 11C, 12A, 14A,14C, 14CA 14D, 14F, 14L,
14M, 140, 14R, 15, H-1A1 H-1 B, H-1 C, H-2A, H-2B, AND H-3A.
The Sponsor further certifies that the above is based on a title examination by a qualified attorney or title company and that
such attorney or title company has determined that the Sponsor holds the above property interests.
(b) The Sponsor will acquire within a reasonable time, but in any event prior to the stars of any construction
work under the Project, the following property interest in the following areas of land* on which such construction work is to
be performed, all of which areas are identified on the aforementioned property map designated as Exhibit "A":
NONE
(c) The Sponsor will acquire within a reasonable time, and if feasible prior to the completion o#all
construction work under the Project, the following property interest in the following areas of land"` which are to be developed
or used as part of or in connection with the Airport as it will be upon completion of the Project, all of which areas are
identified on the aforementioned property map designated as Exhibit "A":
FEE SIMPLE TITLE TO PARCELS:
*State character of property interest in each area and fist and identify for each al! exceptions, encumbrances, and adverse
interests of every kind and nature, including /tens, easements, teases, etc. The separafe areas of Land need only be identified
here by the area numbers shown on the property map.
FAA Form 5100-100 (9-03) SUPERSEDES FAA FORM 5100-100(4-76) Page 3b
DEPARTMENT OF TRANSPORTATION •FEDERAL AVIATION ADMINISTRATION
OM8 N0.2120-0569
PART III � BUDGET INFORMATION - CONSTRUCTION
SECTION A_ GENERAL
1. Federal Domestic Assistance Catalog No. 20-106
2. Functional or Other Breakout
SECTION B - CALCULATION OF FEDERAL GRANT
COST CLASSIFICATION
Use only for revisions
Total Amount
Required
Latest Approved
amount
Adjustment + or
{-)
1. Administration expense
$
$
$
2. Preliminary expense
3_ Land, structures, right -of --way
1,052,632.00
4. Architectural engineering basic fees
230001000000
5. Other architectural engineering fees
6. Project inspection fees
11000,000,00
7. Land development
8. Relocation expenses
9. Relocation payments to individuals and businesses
10. Demolition and removal
11. Construction and project improvement
17,000,000.00
12. Equipment
13. Miscellaneous
14. Total (Lines 1 through 13)
21,062,632,00
15. Estimated Income (if applicable)
16. Net Project Amount (Line 14 minus 15)
21,052,632.00
17. Less: ineligible Exclusions
18. Add: Contingencies
19. Total Project Amt. (Excluding Rehabilitation Grants)
21,052,632.00
20_ Federal Share requested of Line 19
20,000,000.00
21. Add Rehabilitation Grants Requested (100 percent)
22. Total Federal grant requested (Lines 20 & 21)
20,000,000.00
23. Grantee share
1,052,632.00
24. Other shares
25, Total project (Lines 22, 23, & 24)
$
$
$21,052,632.00
FAA Farm 5100-100 (9-03) SUPERSEDES FAA FORM 5100.100 (5-73) Page 4
DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRA710N
OM8 N0.212D-0569
SECTION C - EXCLUSIONS
26.
Classification
Ineligible for
Participation
(1)
Excluded from
Contingency Provision
(2)
a.
$
b*
ca
do
e.
f.
g.
Totals
$
SECTION D - PROPOSED METHOD
OF FINANCING NON-FEDERAL
SHARE
27.
Grantee Share
$11052,632600
a.
Securities
b.
Mortgages
c.
Appropriations (By Applicant)
d.
Bonds
e.
Tax Levies
f.
Non Cash
g.
Other (Explain)
1,052,632.00
h.
Total — Grantee Share
1,052,632.00
28.
Other Shares
a.
State
b.
Other
c.
Total Other Shares
29.
TOTAL
$ 1,052,632.00
SECTION
E - REMARKS
GRANTEE SHARE IS PROVIDED THROUGH THE VALUE
OF DONATED LAND
PART IV - PROGRAM NARRATIVE (ArrACh!— SEE WsTRucvoNS)
FAA Form 5100-100 (9-03) SUPERSEDES FAA FORM 5100-100 (6-73) PAGE 6
PART IN
(Suggesfed Format)
DEPARTMENT OF TRANSPORTATION -FEDERAL AVIATION ADMINISTRATION
OMB N0.2120-0569
PROJECT: Runway 16L & 16R Extension
AIRPORT: FORT WORTH ALLIANCE AIRPORT, TEXAS
1. Objective:
Extend Runway 16L and 16R to the North to provide runway lengths of 11,000 feet for both runways.
2. Benefits Anticipated:
Increase freight capability and stage length will be available for Federal Express and other carriers.
3. Approach; (See approved Scope of Work in final Application)
This grant will support the pjhased design and construction for the runway construction. All environmental requiremetns
have been completed and approved by the regulatory agencies, through a Environmental Assessmetn and associated
Issueance of a Finding of No Significant Impact (FONSI)
4. Geographic Location.
Thge Fort Worth Alliance Airport is located in both Tarrant and Denton Counties, north of the central business district of the
city of Fort Worth. The primary location of work for the runway extension is located on the North side of the airport, see
attached Graphic.
5. If Applicable, Provide Additional Information:
6: Sponsor's Representative: (incl. address & tat. no.)
Tim Ward
President, Alliance Aviation Services
817-890-1000
FAA Form 5100-100 (9-03) SUPERSEDES FAA FORM 5100-100 (8.73) PAGE 6
FEDERAL AVIATION ADMINISTRATION
r��
SPONSOR CERTIFICATIONS
U.S. DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
AIRPORT IMPROVEMENT PROGRAM
SPONSOR CERTIFICATION
SELECTION OF CONSULTANTS
CITY OF FORT WORTH FORT WORTH ALLIANCE
(Sponsor) (Airport) (Project Number)
Description of Work:
PERFORM VARIOUS FUNCTIONS TO EXTEND RUNWAYS 16L & 16R
Title 49, United States Code, sec#ion 47105(d), authorizes the Secretary to require certification from
the sponsor that it will comply with the statutory and administrative requirements in carrying out a
project under the Airport Improvement Program (AIP). General standards for selection of consultant
services within Federal grant programs are described in Title 49, Code of Federal Regulations (CFR),
Part 18.36. Sponsors may use other qualifications -based procedures provided they are equivalent to
specific standards in 49 CFR 18 and FAA Advisory Circular 150/5100-14, Architectural, Engineering,
and Planning Consultant Services for Airport Grant Projects.
Except for the certified items below marked not applicable (NIA), the list includes major requirements
for this aspect of project implementation, although it is not comprehensive, nor does it relieve the
sponsor from fully complying with all applicable statutory and administrative standard.
Yes No NIA
1. Solicitations were or will be made to ensure fair and open
competition from a wide area of interest. ® ❑ ❑
2. Consultants were or will be selected using competitive
procedures based on qualifications, experience, and
disadvantaged enterprise requirements with the fees determined ® ❑ ❑
through negotiations.
3. A record of negotiations has been orwilE be prepared reflecting
considerations involved in the establishment of fees, which are ® � ❑
not significantly above the sponsor's independent cost estimate.
4. If engineering or other services are to be performed by sponsor
force account personnel, prior approval was or will be obtained ❑ ❑ N
from the FAA.
5. The consultant services contract clearly establish or will clearly
establish the scope of work and delineate the division of
responsibilities between all parties engaged in carrying out ® ❑ ❑
elements of the project.
6. Costs associated with work ineligible for AIP funding are or will
be clearly identified and separated from eligible items in ® ❑ ❑
solicitations, contracts, and related project documents.
7. Mandatory contact provisions for grant -assisted contracts have ® El El
or will be included in consultant services contracts.
8. The cost -plus -percentage -of -cost methods of contracting
prohibited under Federal standards were not or will not be used. ® ❑ ❑
Page 1 of 2
9. If the services being procured cover more than the single grant
project referenced in this certification, the scope of work was or ❑ a
will be specifically described in the advertisement, and future
work will not be initiated beyond five years.
I certify, for the project identlfied herein, responses to the forgoing items are accurate as marked and
have prepared documentation attached hereto for any item marked "no" that is correct and complete.
Ciiy of Fort Worth
(Name of Sponsor)
(Signature of SponsoPs Designated Off'cia! Representative)
Kenneth L. Penney, Jr.
(Typed Name of Sponsor's Designated Off<cia! Representative)
Airport Systems Director
(Typed irtle of Sponsor's Designated Official Representative)
�'3/io/zo ro
(Date)
Page 2 of 2
CITY OF FORT WORTH
U.S. DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
AIRPORT IMPROVEMENT PROGRAM
SPONSOR CERTIFICATION
PROJECT PLANS AND SPECIFICATIONS
FORT WORTH ALLIANCE
(Sponsor} (Airport)
Description of Work:
PERFORM VARIOUS FUNCTIONS TO EXTEND RUNWAYS 16L & 16R
(Project Number)
Title 49, United States Code, section 47105(d), authorizes the Secretary to require certification from the
sponsor that it will comply with the statutory and administrative requirements in carrying out a project under
the Airport Improvement Program (AIP). AIP standards are generally described in FAA Advisory Circular
(AC) 15015100-6, Labor Requirements for the Airport Improvement Program, AC 150/5100-15, Civil Rights
Requirements for the Airport Improvement Program, and AC 150/51 M16, Airport Improvement Program
Grant Assurance One -"General Federal Requirements. A list of current advisory circulars with specific
standards for design or construction of airports as well as procurementlinstallation of equipment and
facilities is referenced in standard airport sponsor Grant Assurance 34 contained in the grant agreement.
Except for the certified items below marked not applicable (NIA), the list includes major requirements for this
aspect of project implementation, although it is not comprehensive, nor does It relieve the sponsor from fully
complying with all applicable statutory and administrative standards.
Yes No N/A
1. The plans and specifications were or will be prepared in
accordance with applicable Federal standards and
requirements, so no deviation or modification to standards set ❑ ❑
forth in the advisory circulars, or State standard, is necessary
other than those previously approved by the FAA.
2. Specifications for the procurement of equipment are not or will
not be proprietary or written so as to restrict competition. At ® ❑ ❑
least two manufacturers can meet the specification.
3. The development included or to be included in the plans is ® ❑ ❑
depicted on the airport layout plan approved by the FAA.
4. Development that is ineligible for AIP funding has been or will ® ❑ ❑
be omitted from the plans and specifications.
5. The process control and acceptance tests required for the
project by standards contained in Advisory Circular 150/5370-10 ® ❑ ❑
are or will be included in the project specifications.
6. If a value -engineering clause is incorporated into the contract, ❑ ❑
concurrence was or will be obtained from the FAA.
7. The plans and specifications incorporate or will incorporate
applicable requirements and recommendations set forth in the ® ❑ ❑
Federally approved environmental finding.
yes No N/A
8. For construction activities within or near aircraft operational
areas, the requirements contained in Advisory Circular
150/5370-2 have been or will be discussed with the FAA as well ❑ ❑
as incorporated into the specifications, and a safety/phasing
plan has FAA's concurrence, if required.
9. The project was or wilt be physically completed without Federal
participation in costs due to errors and omissions in the plans ® ❑ ❑
and specifications that were foreseeable at the time of project
design.
I certify, for the project identified herein, responses to the forgoing items are accurate as marked and have
prepared documentation attached hereto for any item marked "no" that is correct and complete.
City of Fort Worth
(Name of Sponsor)
(Signature of Sponsor's Designated OfTciat Representative)
Kenneth L. Penney, Jr.
(Typed Name of Sponsor's Designated Officiaf Representative)
Airport Systems Director
(Typed Title of Sponsors Designated Official Representative)
�o
(Date)
U.S. DEPARTMENT OP TRANSPORTATION
FEDERAL. AVIATION ADMINISTRATION
AIRPORT IMPROVEMENT PROGRAM
SPONSOR CERTIFICATION
REAL PROPERTY ACQUISITION
City of Fort Worth Fort Worth Alliance
(Sponsor) (Airport)
Description of Work:
PERFORM VARIOUS FUNCTIONS TO EXTEND RUNWAYS 16L & 16R
(Protect Number)
Title 49, United States Code, section 47105{d), authorizes the Secretary to require certification from the
sponsor that it will comply with the statutory and administrative requirements in carrying out a project under
the Airport Improvement Program (AIP). General requirements on real property acquisition and relocation
assistance are in Title 49, Code of Federal Regulations (CFR), Part 24, The AIP project grant agreement
contains specific requirements and assurances on the Uniform Relocation Assistance and Real Property
Acquisition Act of 1970 (Uniform Act), as amended.
Except for the certified items below marked not applicable (N/A), the list includes major requirements for this
aspect of project implementation, although it is not comprehensive, nor does it relieve the sponsor from fully
complying with all applicable statutory and administrative standards.
'I. The sponsor's attorney or other official has or will have good and
sufficient title as well as title evidence on property in the project.
2. If defects and/or encumbrances exist in the title that adversely
impact the sponsor's intended use of property in the project, they
have been or will be extinguished, modified, or subordinated.
3: If property for airport development is or will be leased, the
following conditions have been met:
a. The term is for 20 years or the useful life of the project,
b. The lessor is a public agency, and
c. The lease contains no provisions that prevent full compliance
with the grant agreement.
�. Property in the project is or will be in conformance with
the current Exhibit A property map, which is based on deeds,
title opinions, land surveys, the approved airport layout plan, and
project documentation.
5. For any acquisition of property interest in noise sensitive approach
zones and related areas, property interest was or will be obtained
to ensure land is used for purposes compatible with noise levels
associated with operation of the airport.
6. For any acquisition of property interest in runway protection zones
and areas related to 14 CFR 77 surfaces, property interest was or
will be obtained for the following:
a. The right of flight,
b. The right of ingress and egress to remove obstructions, and
c. The right to restrict the establishment of future obstructions.
Yes No NIA
►t
►1
❑ ❑
� ►1
❑ ❑
Yes No N/A
7. Appraisals prepared by qualified real estate appraisers hired by the
sponsor include or will include the following:
a. Valuation data to estimate the current market value for the
property interest acquired on each parcel, and ❑ ❑
b. Verification that an opportunity has been provided the property
owner or representative to accompany appraisers during
inspections.
8. Each appraisal has been or will be reviewed by a qualified review
appraiser to recommend an amount for the offer of just ® El Elcompensation, and the written appraisals as well as review
appraisal are available to FAA for review.
9. A written offer to acquire each parcel was or will be presented to
the property owner for not less than the approved amount of just ® ❑ ❑
compensation.
10. Effort was or will be made to acquire each property through the
following negotiation procedures:
a. No coercive action to induce agreement, and ® ❑ ❑
b. Supporting documents for settlements included in the project
files.
11. If a negotiated settlement is not reached, the following procedures
were or will be used:
a. Condemnation initiated and a court deposit not less than the ® ❑ El
compensation made prior to possession of the property,
and
b. Supporting documents for awards included in the project files.
12. If displacement of persons, businesses, farm operations, or non-
profit organizations is involved, a relocation assistance program
was or will be established, with displaced parties receiving general ® ❑ ❑
information on the program in writing, including relocation eligibility,
and a 90-day notice to vacate.
13. Relocation assistance services, comparable replacement housing,
and payment of necessary relocation expenses were or will be ® ❑ ❑
provided within a reasonable time period for each displaced
occupant in accordance with the Uniform Act.
I certify, for the project identified herein, responses to the forgoing items are accurate as marked and have
prepared documentation attached hereto for any item marked "no" #hat is correct and complete.
City of Fort Worth
{Name of Sponsor)
of Sponsors Designated Official Representative)
Kenneth L. Penney, Jr.
(Typed Name of Sponsors Designated Officiaf Representative)
Airport Systems Director
(Typed Title of Sponsor's Designated Official Representative)
t73 /C P /Zo/ a
(Date)
City of Fort Worth
U.S. DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
AIRPORT IMPROVEMENT PROGRAM
SPONSOR CERTIFICATION
DRUG -FREE WORKPLACE
Fort Worth Alliance
(Sponsor) (Airport)
Description of Work:
PERFORM VARIOUS FUNCTIONS TO EXTEND RUNWAYS 16i_ & 16R
(Project Number}
Title 49, United States Code, section 47105(d), authorizes the Secretary to require certification from the
sponsor that it will comply with the statutory and administrative requirements in carrying out a project under
the Airport Improvement Program (AIP). General requirements on the drug -free workplace within Federal
grant programs are described in Title 49, Code of Federal Regulations, Part 29. Sponsors are required to
certify they will be, or will continue to provide, a drug -free workplace in accordance with the regulation. The
AIP project grant agreement contains specific assurances on the Drug -Free Workplace Act of 1988.
Except for the certified items below marked not applicable {N/A), the list includes major requirements for this
aspect of project implementation, although it is not comprehensive, nor does it relieve the sponsor from fully
complying with all applicable statutory and administrative standards.
Yes No NIA
1. A statement has been or will be published notifying employees that
the unlawful manufacture, distribution, dispensing, possession, or
use of a controlled substance is prohibited in the sponsor's ® ❑ ❑
workplace, and specifying the actions to be taken against
employees for violation of such prohibition.
2. An ongoing drug -free awareness program has been or will be
established to inform employees about:
a. The dangers of drug abuse in the workplace;
b. The sponsor's policy of maintaining a drug -free workplace; ® ❑ ❑
Co Any available drug counseling, rehabilitation, and employee
assistance programs; and
d. The penalties that may be imposed upon employees for drug
abuse violations occurring in the workplace.
3. Each employee to be engaged in the performance of the work has
been or will be given a copy of the statement required within item 1 ® [� ❑
above.
4. Employees have been or will be notified in the statement required
by item 1 above that, as a condition employment under the grant,
the employee will:
a. Abide by the terms of the statement; and ® ❑ ❑
b. Notify the employer in writing of his or her conviction for a
violation of a criminal drug statute occurring in the workplace
no later than five calendar days after such conviction.
Yes No N/A
5. The FAAMI be notified in writing within ten calendar days after
receiving notice under item 4b above from an employee or
otherwise receiving actual notice of such conviction. Employers of
convicted employees must provide notice, including position title of ® ❑ ❑
the employee, to the FAA. Notices shall include the project number
of each affected grant.
6. One of the following actions will be taken within 30 calendar days
of receiving a notice under item 4b above with respect to any
employee who is so convicted:
a. Take appropriate personnel action against such an employee,
up to and including termination, consistent with the
requirements of the Rehabilitation Act of 1973, as amended; ® ❑ ❑
or
b. Require such employee to participate satisfactorily in a drug
abuse assistance or rehabilitation program approved for such
purposes by Federal, State, or local health, law enforcement,
or other appropriate agency.
7. A good faith effort will be made to continue to maintain adrug-free ® ❑ ❑
workplace through implementation of items 1 through 6 above.
I have prepared documentation shown below or attached hereto with sites) for performance of work (street
address, city, county, state, zip code). There are no such workplaces that are not identified below or in the
attachment. I have prepared additional documentation for any above items marked "no" and attached it
hereto. I certify that, for the project identified herein, responses to the forgoing items are accurate as
marked and attachments are correct and complete.
Location
Street Address:
City:
State:
Zip code:
Location
Location
City of Fort Worth
Name of/S�po__n�syot_r,_ %
Signature of Sponsors Designated Official Representattve
Kenneth L. Penney, Jr.
Type Name of Sponsor's Designated Official Representative
Airport Systems Director
Typed Title of Sponsor's Designated Official Representative
r o/ Za/o
Date of Sign ra u et
FEDERAL AVIATION ADMINISTRATION
SPONSOR ASSURANCES
STANDARD DVT TITLE l ASSURANCES
ClTH OF FORT WORTH (hereinafter referred to as the Sponsor) hereby agrees that as a
condition to receiving Federal financial assistance from the Department of Transportation
(DOT}, it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et_ sea.) and
all requirements imposed by 49 CFR Part 21, - Nondiscrimination in Federally Assisted
Programs of the Department of Transportation -- Effectuation of Title VI of the Civil Rights Act of
1964 (hereinafter referred to as the "Regulations") to the end that no person in the United States
shall, on the ground of race, color, or national origin, be excluded from participation in, be
denied the benefits of, or be otherwise subjected to discrimination under any program or activity
for which the applicant receives Federal financial assistance and will immediately take any
measures necessary to effectuate this agreement. Without limiting the above general
assurance, the sponsor agrees concerning this grant that:
1. Each "program" and "facility" {as defined in Sections 21.23{e) and 21.23 (b}) will be
conducted or operated in compliance with all requirements of the Regulations.
2. It will insert the clauses of Attachment 1 of this assurance in every contract subject to the Act
and the Regulations.
3. Where Federal financial assistance is received to construct a facility, or part of a facility, the
assurance shall extend to the entire facility and facll[ties operated in connection therewith.
4. Where Federal financial assistance is in the form or for the acquisition of rea[ properly or an
interest in real property, the assurance shall extend to rights to space on, over, or under such
property.
5. It will include the appropriate clauses set forth in Attachment 2 of this assurance, as a
covenant running with the land, in any future deeds, [eases, permits, licenses, and similar
agreements entered into by the sponsor with other parties:
(a} for the subsequent transfer of real property acquired or improved with Federal
financial assistance under this Project; and
(b} for the construction or use of or access to space on, over, or under real properly
acquired or improved with Federal financial assistance under this Project.
6. This assurance obligates the Sponsor for the period during which Federal financial
assistance is extended to the program, except where the Federal financial assistance is to
)rovide, or is in the form of personal property or real property or interest therein or structures or
improvements thereon, in which case the assurance obligates the sponsor or any transferee for
the longer of the following periods.
(a) the period during which the property is used for a purpose for which Federal financial
assistance is extended, or for another purpose involving the provision of similar services or
benefits, or
(b) the period during which the sponsor retains ownership or possession of the property.
7. It will provide or such methods of administration for the program as are found by the
Secretary of Transportation or the official to whom he delegates specific authority to give
reasonable guarantee that it, other sponsors, subgrantees, contractors, subcontractors,
transferees, successors in interest, and other participants or Federal financial assistance under
such program will comply with all requirements imposed or pursuant to the Act, the Regulations,
and this assurance.
8. It agrees that the United States has a right to seek judicial enforcement with regard to any
matter arising under the Act, the Regulations, and this assurance.
THIS ASSURANCE is given in consideration of and for the purpose of obtaining Federal
financial assistance for this Project and is binding on its contractors, the sponsor,
subcontractors, transferees, successors in interest and other participants in the Project. The
person or persons whose signatures appear below are authorized to sign this assurance on
behalf of the Sponsor.
DATED
By.
CITY OF FORT 1NORTH
(Sponsor)
(Signature of Authorized Official)
CONTRACTOR CUNTRACTUAL REQUIREMENTS
ATTACHMENT 1
During the performance of this contract, the confractor, for itself, its assignees and successors in interest
(hereinafter referred to as the "contractor") agrees as follows:
1. Compliance with Regulations. The contractor shall comply with the Regulations relative to
nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT")
Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter
referred to as the Regulations), which are herein incorporated by reference and made a part of this
contract.
2. Nondiscrimination. The contractor, with regard to the work performed by it during the contract,
shall not discriminate on the grounds of race, color, or national origin in the selection and retention of
subcontractors, including procurements of materials and leases of equipment. The contractor shall not
participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations,
including employment practices when the contract covers a program set forth in Appendix B of the
Regulations.
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all
solicitations either by competitive bidding or negotiation made by the contractor for work to be performed
under a subcontract, including procurements of materials or leases of equipment, each potential
subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this
contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
4. Information and Reports. The contractor shall provide a(I information and reports required by
the Regulations or directives issued pursuant thereto and shall permit access to its books, records,
accounts, other sources of information, and its facilities as may be determined by the Sponsor or the
Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations,
orders, and instructions. Where any information required of a contractor is in the exclusive possession of
another who fails or refuses to furnish this information, the contractor shall so certify to the sponsor or the
FAA, as appropriate, and shall set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance. In the event of the contractor's noncompliance with the
nondiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as it or the
FAA may determine to be appropriate, including, but not limited to:
andlor
a. Withholding of payments to the contractor under the contract until the contractor complies,
b. Cancellation, termination, or suspension of the contract, in whole or in part.
6. Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1
through 5 in every subcontract, including procurements of materials and leases of equipment, unless
exempt by the Regulations or directives issued Pursuant thereto. The contractor shall take such action
with respect to any subcontract or procurement as the sponsor or the FAA may direct as a means of
enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a
confractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result
of such direction, the contractor may request the Sponsor to enter into such litigation to protect the
interests of the sponsor and, in addition, the contractor may request the United States to enter into such
litigation to protect the interests of the United States.
CLAUSES FOR DEEDS, LICENSES, LEASES, PERMITS OR SIMILAR
INSTyRUME 4TS
ATTACHMENT 2
The following clauses shall be included in deeds, licenses, leases, permits, or similar instruments entered
into by the Sponsor pursuant to the provisions of Assurances 5(a) and 5(b).
1. The (grantee, licensee, lessee, permitee, etc., as appropriate) for himself, his heirs, personal
representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby
covenant and agree (in the case of deeds and leases add "as a covenant running with the land") that in
the event facilities are constructed, maintained, or otherwise operated on the said property described in
Phis (deed, license, lease, permit, etc.) for a purpose for which a DOT program or activity is extended or
for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee,
permitee, etc.) shall maintain and operate such facilities and services in compliance with all other
requirements Imposed pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of
the Department of Transportation, and as said Regulations may be amended.
2. The (grantee, licensee, lessee, permitee, etc., as appropriate) for himself, his personal
representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby
covenant and agree (in the case of deeds and leases add "as a covenant running with the land") that: (1)
no person on the grounds of race, color, or national origin shall be excluded from participation in, denied
the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the
construction of any improvements on, over, or under such land and the furnishing of services thereon, no
person on the grounds of race, color, or national origin shall be excluded from participation in, denied the
benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permitee,
etc.) shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR
Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as
said Regulations may be amended.
ASSURANCI✓S
Airport Sponsors
A. General.
1. These assurances shall be complied with in the performance of grant agreements for airport
development, airport planning, and noise compatibility program grants for airport sponsors.
2. These assurances are required to be submitted as part of the project application by sponsors
requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used
herein, the term "public agency sponsor" means a public agency with control of a public -use
airport; the term "private sponsor" means a private owner of a public -use airport; and the
term "sponsor" includes both public agency sponsors and private sponsors.
3. Upon acceptance of the grant offer by the sponsor, these assurances are incorporated in and
become part of the grant agreement.
B. Duration and Applicability.
1. Airport development or Noise Compatibility Program Projects Undertaken by a Public
Agency Sponsor. The terms, conditions and assurances of the grant agreement shall remain
in full force and effect throughout the useful life of the facilities developed or equipment
acquired for an airport development or noise compatibility program project, or throughout
the useful life of the project items installed within a facility under a noise compatibility
program project, but in any event not to exceed twenty (20) years from the date of
acceptance of a grant offer of Federal funds for the project. However, there shall be no limit
on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as
the airport is used as an airport. There shall be no limit on the duration of the terms,
conditions, and assurances with respect to real property acquired with federal funds.
Furthermore, the duration of the Civil Rights assurance shall be specified in the assurances.
2. Airport Development or Noise Compatibility Projects Undertaken by a Private
Sponsor. The preceding paragraph 1 also applres to a private sponsor except that the useful
life of project items installed within a facility or the useful life of the facilities developed or
equipment acquired under an airport development or noise compatibility program project
shall be no less than ten (10) years from the date of acceptance of Federal aid for the project.
3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in the grant
agreement, only Assurances 1, 2, 3, 5, 6, 13, I8, 30, 32, 33, and 34 in section C apply to
planning projects. The terms, conditions, and assurances of the grant agreement shall remain
in full force and effect during the life of the project.
C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that:
1. General Federal Requirements. It will comply with all applicable Federal laws,
regulations, executive orders, policies, guidelines, and requirements as they relate to the
application, acceptance and use of Federal funds for this project including but not limited to
the following:
Federal Legislation
a. Title 49, U.S.C., subtitle VII, as amended.
b. Davis -Bacon Act - 40 U.S.C. 276(a), et sea. �
c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et- seq.
d. Hatch Act - 5 U.S.C. 1501, et se4
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z
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1970 Title 42 U.S.C. 4601, et seg.12
f, National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C.
470(f). I
g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469
through 469c.1
h, Native Americans Grave Repatriation Act - 25 U.S.G. Section 3001, et
sec.
i. Clean Air Act, P.L. 90-148, as amended.
j. Coastal Zone Management Act, P.L. 93-205, as amended.
k. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C.
4012a.I
L Title 49 ,U.S.C,, Section 303, (formerly known as Section 4(f))
m. Rehabilitation Act of 1973 - 29 U.S.C. 794.
n. Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d through d4.
o. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seo.
p. American Indian Religious Freedom Act, P.L. 95-3411 as amended.
q Architectural Barriers Act of 1968 -42 U.S.C. 4151, et sen, r
r. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C.
8373.1
s. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seg.�
t. Copeland Anti kickback Act - 18 U.S.C. 874.1
u. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et se .1
v. Wild and Scenic Rivers Act, P.L. 90-542, as amended.
w. Single Audit Act of 1984 - 31 U.S.C. 7501, et se 2
x. Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706.
Executive Orders
Executive Order l 1246 -Equal Employment Opportunity)
Executive Order 11990 -Protection of Wetlands
Executive Order 11988 —Flood Plain Management
Executive Order 12372 -Intergovernmental Review of Federal Programs.
Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New
Building Construction)
Executive Order 12898 - Environmental Justice
Federal Reguiatians
a. 14 CFR Part 13 -Investigative and Enforcement Procedures.
b. 14 CFR Part 16 - Rufes of Practice For Federally Assisted Airport
Enforcement Proceedings.
c. 14 CFR Part 150 - Airport noise compatibility planning.
d. 29 CFR Part 1 - Procedures for predetermination of wage rates.)
e. 29 CFR Part 3 - Contractors and subcontractors on public building or
public work financed in whole or part by loans or grants from the United
States.)
£ 29 CFR Part 5 - Labor standards provisions applicable to contracts
covering federally financed and assisted construction (also labor standards
provisions applicable to non -construction contracts subject to the Contract
Work Hours and Safety Standards Act).'
g. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor (Federal and federally
assisted contracting requirements).1
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h. 49 CFR Part 18 - Uniform administrative requirements for grants and
cooperative agreements to state and local governments.3
i. 49 CFR Part 20 - New restrictions on lobbying.
j. 49 CFR Part 21 - Nondiscrimination in federally -assisted programs of the
Department of Transportation - effectuation of Title VI of the Civil Rights
Act of 1964,
k. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in
Airport Concessions.
1. 49 CFR Part 24 - Uniform relocation assistance and real property
acquisition for Federal and federally assisted programs.[ 2
m. 49 CFR Part 26 — Participation By Disadvantaged Business Enterprises in
Department of Transportation Programs.
n, 49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs
and activities receiving or benefiting from Federal financial assistance.[
o. 49 CFR Part 29 — Government wide debarment and suspension (non -
procurement) and government wide requirements for drug free workplace
(grants).
p. 49 CFR Part 30 - Denial of public works contracts to suppliers of goods
and services of countries that deny procurement market access to U.S.
contractors.
q. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or
regulated new building construction.[
Office of Management and Budget Circulars
a. A-87 -Cost Principles Applicable to Grants and Contracts with State and
Local Governments.
b A=133 - Audits of States, Local Governments, and Non -Profit
Organizations
These laws do not apply to airport planning sponsors.
These laws do not apply to private sponsors.
49 CFR Part 18 and OMB Circular A-87 contain requirements for State and Local
Govemments receiving Federal assistance. Any requirement levied upon State
and Local Governments by this regulation and circular shall also be applicable
to private sponsors receiving Federal assistance under Title 49, United States
Code.
Specific assurances required to be included in grant agreements by any of the above laws,
regulations or circulars are incorporated by reference in the grant agreement,
2. Responsibility and Authority of the Sponsor.
a, Public Agency Sponsor: It has legal authority to apply for the grant, and
to finance and carry out the proposed project; that a resolution, motion or
similar action has been duly adopted or passed as an official act of the
applicant's governing body authorizing the filing of the application,
including all understandings and assurances contained therein, and
directing and authorizing the person identified as the official representative
of the applicant to act in connection with the application and to provide
such additional information as may be required.
b. Private Sponsor: It has legal authority to apply for the grant and to
finance and carry out the proposed project and comply with all terms,
conditions, and assurances of this grant agreement. It shall designate an
official representative and shall in writing direct and authorize that person
Airport Assurances (3/2005)
4
to file this application, including all understandings and assurances
contained therein; to act in connection with this application; and to provide
such additional information as may be required.
3. Sponsor Fund Availaty. It has sufficient funds available for that portion of the project costs
which are not to be paid by the United States. It has sufficient funds available to assure operation
and maintenance of items funded under the grant agreement which it will own or control.
4. Good Title.
a. It, a public agency or the Federal government, holds good title, satisfactory
to the Secretary, to the landing area of the airport or site thereof, or will
give assurance satisfactory to the Secretary that good title will be acquired.
b. For noise compatibility program projects to be carried out on the property
of the sponsor, it holds good title satisfactory to the Secretary to that
portion of the property upon which Federal funds will be expended or will
give assurance to the Secretary that good title will be obtained.
5. Preserving Rights and Powers.
a. It will not take or permit any action which would operate to deprive it of
any of the rights and powers necessary to perform any or all of the terms,
conditions, and assurances in the grant agreement without the written
approval of the Secretary, and will act promptly to acquire, extinguish or
modify any outstanding rights or claims of right of others which would
interfere with such performance by the sponsor. This shall be done in a
manner acceptable to the Secretary.
b, It will not sell, lease, encumber, or otherwise transfer or dispose of any
part of its title or other interests in the property shown on Exhibit A to this
application or, for a noise compatibility program project, that portion of
the property upon which Federal funds have been expended, for the
duration of the terms, conditions, and assurances in the grant agreement
without approval by the Secretary. If the transferee is found by the
Secretary to be eligible under Title 49, United States Code, to assume the
obligations of the grant agreement and to have the power, authority, and
financial resources to carry out all such obligations, the sponsor shall insert
in the contract or document transferring or disposing of the sponsor's
interest, and make binding upon the transferee all of the terms, conditions,
and assurances contained in this grant agreement.
c. For all noise compatibility program projects which are to be carried out by
another unit of local government or are on property owned by a unit of
local government other than the sponsor, it will enter into an agreement
with that government. Except as otherwise specified by the Secretary, that
agreement shall obligate that government to the same terms, conditions,
and assurances that would be applicable to it if it applied directly to the
FAA for a grant to undertake the noise compatibility program project.
That agreement and changes thereto must be satisfactory to the Secretary.
It will take steps to enforce this agreement against the local government if
there is substantial non-compliance with the terms. of the agreement.
d. For noise compatibility program projects to be carried out on privately
owned property, it will enter into an agreement with the owner of that
Airport Assurances (3/2005)
5
property which includes provisions specified by the Secretary. It will take
steps to enforce this agreement against the property owner whenever there
is substantial non-compliance with the terms of the agreement.
e. If the sponsor is a private sponsor, it will take steps satisfactory to the
Secretary to ensure that the airport will continue to function as a public -use
airport in accordance with these assurances for the duration of these
assurances.
f. If an arrangement is made for management and operation of the airport by
any agency or person other than the sponsor or an employee of the
sponsor, the sponsor will reserve sufficient rights and authority to insure
that the airport will be operated and maintained in accordance Title 49,
United States Code, the regulations and the terms, conditions and
assurances in the grant agreement and shall insure that such arrangement
also requires compliance therewith.
6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at
the time of submission of this application) of public agencies that are authorized by the State
in which the project is located to plan for the development of the area surrounding the
airport.
7. Consideration of Local Interest. It has given fair consideration to the interest of
communities in or near where the project maybe [ocated.
8. Consultation with Users. In malting a decision to undertake any airport development
project under Title 49, United States Code, it has undertaken reasonable consultations with
affected parties using the airport at which project is proposed.
9. PubIic Hearings. In projects involving the location of an airport, an airport runway, or a
major rumvay extension, it has afforded the opportunity for public hearings for the purpose
of considering the economic, social, and environmental effects of the airport or runway
location and its consistency with goals and objectives of such planning as has been carried
out by the community and it shall, when requested by the Secretary, submit a copy of the
transcript of such hearings to the Secretary. Further, for such projects, it has on its
management board either voting representation from the communities where the project is
located or has advised the communities that they have the right to petition the Secretary
concerning a proposed project.
10. Air and Water Quality Standards. In projects involving airport location, a major runway
extension, or runway location it will provide for the Governor of the state in which the
project is located to certify in writing to the Secretary that the project will be located,
designed, constructed, and operated so as to comply with applicable air and water quality
standards. In any case where such standards have not been approved and where applicable
air and water quality standards have been promulgated by the Administrator of the
Environmental Protection Agency, certification shall be obtained from such Administrator.
Notice of certification or refusal to certify shall be provided within sixty days after the
project application has been received by the Secretary.
11. Pavement Preventive Maintenance. With respect to a project approved after January 1,
1995, Co Al replacement or reconstruction of pavement at the airport, it assures or certifies
that it has implemented an effective airport pavement maintenance -management program
and it assures that it will use such program for the useful He of any pavement constructed,
reconstructed or repaired with Federal financial assistance at the airport. It will provide such
Airport Assurances (3(2005)
0
reports on pavement condition and pavement management programs as the Secretary
determines may be useful.
12. Terminal Development Prerequisites. For projects which include terminal development at
a public use airport, as defined in Title 49, it has, on the date of submittal of the project grant
application, all the safety equipment required for certification of such airport under section
44706 of Title 49, United States Code, and all the security equipment required by rule or
regulation, and has provided for access to the passenger enplaning and deplaning area of
such airport to passengers enplaning and deplaning from aircraft other than air carrier
aircraft.
13. Accounting System, Audit, and Record Keeping I2equirements.
a. It shall keep all project accounts and records which fully disclose the
amount and disposition by the recipient of the proceeds of the grant, the
total cost of the project in connection with which the grant is given or
used, and the amount or nature of that portion of the cost of the project
supplied by other sources, and such other financial records pertinent to the
project. The accounts and records shall be kept in accordance with an
accounting system that will facilitate an effective audit in accordance with
the Single Audit Act of 1984.
b. It shall make available to the Secretary and the Comptroller General of the
United States, or any of their duly authorized representatives, for the
purpose of audit and examination, any books, documents, papers, and
records of the recipient that are pertinent to the grant. The Secretary may
require that an appropriate audit be conducted by a recipient. In any case
in which an independent audit is made of the accounts of a sponsor relating
to the disposition of the proceeds of a grant or relating to the project in
connection with which the grant was given or used, it shall file a certified
copy of such audit with the Comptroller General of the United States not
later than six (6) months following the close of the fiscal year for which
the audit was made.
14. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work on any
projects funded under the grant agreement which involve labor, provisions establishing
minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with
the Davis -Bacon Act, as amended (40 U.S.C. 276a-276a-5), which contractors shall pay to
skilled and unskilled labor, and such minimum rates shall be stated in the invitation forbids
and shall be included in proposals or bids for the work.
15. Veteran's Preference. It shall include in all contracts for work on any project funded under
the grant agreement which involve labor, such provisions as are necessary to insure that, in
the employment of labor (except in executive, administrative, and supervisory positions),
preference shall be given to Veterans of the Vietnam era and disabled veterans as defined in
Section 47112 of Title 49, United States Code. However, this preference shall apply only
where the individuals are available and qualified to perform the work to which the
employment relates.
16. Conformity to Plans and Specifications. It will execute the project subject to plans,
specifications, and schedules approved by the Secretary. Such plans, specifications, and
schedules shall be submitted to the Secretary prior to commencement of site preparation,
construction, or other performance under this grant agreement, and, upon approval of the
Secretary, shall be incorporated into this grant agreement. Any modification to the approved
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plans, specifications, and schedules shall also be subject to approval of the Secretary, and
incorporated into the grant agreement.
17. Construction Inspection and Approval. It will provide and maintain competent technical
supervision at the construction site throughout the project to assure that the work conforms
to the plans, specifications, and schedules approved by the Secretary for the project. It shall
subject the construction work on any project contained in an approved project application to
inspection and approval by the Secretary and such work shall be in accordance with
regulations and procedures prescribed by the Secretary. Such regulations and procedures
shall require such cost and progress reporting by the sponsor or sponsors of such project as
the Secretary shall deem necessary.
18. Planning Projects. In carrying out planning projects:
a. It will execute the project in accordance with the approved program
narrative contained in the project application or with the modifications
similarly approved.
b. It will furnish the Secretary with such periodic reports as required
pertaining to the planning project and planning work activities.
c. It will include in all published material prepared in connection with the
planning project a notice that the material was prepared under a grant
provided by the United States.
d. It will make such material available for examination by the public, and
agrees that no material prepared with funds under this project shall be
subject to copyright in the United States or any other country.
e. It will give the Secretary unrestricted authority to publish, disclose,
distribute, and otherwise use any of the material prepared in connection
with this grant.
f. It will grant the Secretary the right to disapprove the sponsor's employment
of specific consultants and their subcontractors to do all or any part of this
project as well as the right to disapprove the proposed scope and cost of
professional services.
g. It will grant the Secretary the right to disapprove the use of the sponsor's
employees to do all or any part of the project.
h. It understands and agrees that the Secretary's approval of this project grant
or the Secretary's approval of any planning material developed as part of
this grant does not constitute or imply any assurance or commitment on the
part of the Secretary to approve any pending or future application for a
Federal airport grant.
19. Operation and Maintenance.
a. The airport and all facilities which are necessary to serve the aeronautical
users of the airport, other than facilities owned or controlled by the United
States, shall be operated at all times in a safe and serviceable condition and
in accordance with the minimum standards as may be required or
prescribed by applicable Federal, state and local agencies for maintenance
and operation. It will not cause or permit any activity or action thereon
which would interfere with its use for airport purposes. It will suitably
Airport Assurances (3/2005)
E3
operate and maintain the airport and all facilities thereon or connected
therewith, with due regard to climatic and flood conditions. Any proposal
to temporarily close the airport for non -aeronautical purposes must first be
approved by the Secretary.
In furtherance of this assurance, the sponsor will have in effect
arrangements for-
(1) Operating the airport's aeronautical facilities whenever
required;
(2) Promptly marking and lighting hazards resulting from airport
conditions, including temporary conditions; and
(3) Promptly notifying airmen of any condition affecting
aeronautical use of the airport.
Nothing contained herein shall be construed to require that the airport be
operated for aeronautical use during temporary periods when snow, flood
or other climatic conditions interfere with such operation and maintenance.
Further, nothing herein shall be construed as requiring the maintenance,
repair, restoration, or replacement of any structure or facility which is
substantially damaged or destroyed due to an act of God or other condition
or circumstance beyond the control of the sponsor.
b. It will suitably operate and maintain noise compatibility program items
that it owns or controls upon which Federal funds have been expended.
20. Hazard Removal and iVlitigation. It will take appropriate action to assure that such
terminal airspace as is required to protect instrument and visual operations to the airport
(including established minimum flight altitudes) will be adequately cleared and protected by
removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport
hazards and by preventing the establishment or creation of future airport hazards.
21. Compatible band iJse. It will take appropriate action, to the extent reasonable, including
the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate
vicinity of the airport to activities and purposes compatible with normal airport operations,
including landing and takeoff of aircraft. In addition, if the project is for noise compatibility
program implementation, it will not cause or permit any change in land use, within its
jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise
compatibility program measures upon which Federal funds have been expended.
22. Economic Nondiscrimination.
a. It will make the airport available as an airport far public use on reasonable
terms and without unjust discrimination to all types, kinds and classes of
aeronautical activities, including commercial aeronautical activities
offering services to the public at the airport.
b. In any agreement, contract, lease, or other arrangement under which a right
or privilege at the airport is granted to any person, firn1, or corporation to
conduct or to engage in any aeronautical activity for furnishing services to
the public at the airport, the sponsor will insert and enforce provisions
requiring the contractor to-
(1) furnish said services on a reasonable, and not unjustly discriminatory,
basis to all users thereof, and
(2) charge reasonable, and not unjustly discriminatory, prices for each
unit or service, provided that the contractor may be allowed to make
reasonable and nondiscriminatory discounts, rebates, or other similar
types of price reductions to volume purchasers.
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0
c. Each fixed -based operator at the airport shall be subject to the same rates,
fees, rentals, and other charges as are uniformly applicable to all other
fixed -based operators making the same or similar uses of such airport and
utilizing the same or similar facilities.
Each air carrier using such airport shall have the right to service itself or to
use any fixed -based operator that is authorized or permitted by the airport
to serve any air carrier at such airport.
e. Each air carrier using such airport (whether as a tenant, non tenant, or
subtenant of another air carrier tenant) shall be subject to such
nondiscriminatory and substantially comparable rules, regulations,
conditions, rates, fees, rentals, and other charges with respect to facilities
directly and substantially related to providing air transportation as are
applicable to all such air carriers which make similar use of such airport
and utilize similar facilities, subject to reasonable classifications such as
tenants or non tenants and signatory carriers and non signatory carriers.
Classification or status as tenant or signatory shall not be unreasonably
withheld by any airport provided an air carrier assumes obligations
substantially similar to those already imposed on air carriers in such
classification or status.
£ It will not exercise or grant any right or privilege which operates to prevent
any person, firm, or corporation operating aircraft on the airport from
performing any services on its own aircraft with its own employees
[including, but not limited to maintenance, repair, and fueling] that it may
choose to perform.
g. In the event the sponsor itself exercises any of the rights and privileges
referred to in this assurance, the services involved will be provided on the
same conditions as would apply to the furnishing of such services by
commercial aeronautical service providers authorized by the sponsor under
these provisions.
h. The sponsor may establish such reasonable, and not unjustly
discriminatory, conditions to be met by all users of the airport as maybe
necessary for the safe and efficient operation of the airport.
The sponsor may prohibit or limit any given type, kind or class of
aeronautical use of the airport if such action is necessary for the safe
operation of the airport or necessary to serve the civil aviation needs of the
public.
23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person
providing, or intending to provide, aeronautical services to the public. For purposes of this
paragraph, the providing of the services at an airport by a single fixed -based operator shall
not be construed as an exclusive right if both of the following apply:
a. It would be unreasonably costly, burdensome, or impractical for more than one
fixed -based operator to provide such services, and
b. If allowing more than one fixed -based operator to provide such services would
require the reduction of space leased pursuant to an existing agreement
between such single fixed -based operator and such airport.
It further agrees that it will not, either directly or indirectly, grant or permit any person, firm,
or corporation, the exclusive right at the airport to conduct any aeronautical activities,
including, but not limited to charter flights, pilot training, aircraft rental and sightseeing,
aerial photography, crop dusting, aerial advertising and surveying, air carrier operations,
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aircraft sales and services, sale of aviation petroleum products whether or not conducted in
conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of
aircraft parts, and any other activities which because of their direct relationship to the
operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any
exclusive right to conduct an aeronautical activity now existing at such an airport before the
grant of any assistance under Title 49, United States Code.
24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and
services at the airport which will make the airport as self-sustaining as possible under the
circumstances existing at the particular airport, taking into account such factors as the volume of
traffic and economy of collection. No part of the Federal share of an airport development, airport
planning or noise compatibility project for which a grant is made under Title 49, United States
Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport
and Airway Development Act of 1970 shall be included in the rate basis in establishing fees,
rates, and charges for users of that airport.
25. Airport Revenues.
a. All revenues generated by the airport and any local taxes on aviation fuel
established after December 30, 1987, will be expended by it for the capital or
operating costs of the airport; the local airport system; or other local facilities
which are owned or operated by the owner or operator of the airport and which
are directly and substantially related to the actual air transportation of
passengers or property; or for noise mitigation purposes on or off the airport.
Provided, however, that if covenants or assurances in debt obligations issued
before September 3, 1982, by the owner or operator of the airport, or provisions
enacted before September 3, 1982, in governing statutes controlling the owner
or operator's financing, provide for the use of the revenues from any of the
airport owner or operator's facilities, including the airport, to support not only
the airport but also the airport owner or operator's general debt obligations or
other facilities, then this limitation on the use of all revenues generated by the
airport (and, in the case of a public airport, local taxes on aviation fuel) shall
not apply.
b. As part of the annual audit required under the Single Audit Act of 1984, the
sponsor will direct that the audit will review, and the resulting audit report will
provide an opinion concerning, the use of airport revenue and taxes in
paragraph (a), and indicating whether funds paid or transferred to the owner or
operator are paid or transferred in a manner consistent with Title 49, United
States Code and any other applicable provision of law, including any regulation
promulgated by the Secretary or Administrator.
c. Any civil penalties or other sanctions will be imposed for violation of this
assurance in accordance with the provisions of Section 47107 of Title 49,
United States Code,
26. Reports and Inspections. It will;
a. submit to the Secretary such annual or special financial and operations reports
as the Secretary may reasonably request and make such reports available to the
public; make available to the public at reasonable times and places a report of
the airport budget in a format prescribed by the Secretary;
b. for airport development projects, make the airport and all airport records and
Aocuments affecting the airport, including deeds, leases, operation and use
Airport Assurances (312005)
�l
agreements, regulations and other instruments, available for inspection by any
duly authorized agent of the Secretary upon reasonable request;
c. for noise compatibility program projects, make records and documents relating
to the project and continued compliance with the terms, conditions, and
assurances of the grant agreement including deeds, leases, agreements,
regulations, and other instruments, available for inspection by any duly
authorized agent of the Secretary upon reasonable request; and
d. in a format and time prescribed by the Secretary, provide to the Secretary and
make available to the public following each of its fiscal years, an annual report
listing in detail:
(i) all amounts paid by the airport to any other unit of government and the
purposes for which each such payment was made; and
(ii) all services and property provided by the airport to other units of government
and the amount of compensation received for provision of each such
service and property.
27. Use by Government Aircraft. It will make available all of the facilities of the airport
developed with Federal financial assistance and all those usable for landing and takeoff of
aircraft to the United States for use by Government aircraft in common with other aircraft at
all times without charge, except, if the use by Government aircraft is substantial, charge may
be made for a reasonable share, proportional to such use, for the cost of operating and
maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise
agreed to by the sponsor and the using agency, substantial use of an airport by Government
aircraft will be considered to exist when operations of such aircraft are in excess of those
which, in the opinion of the Secretary, would unduly interfere with use of the landing areas
by other authorized aircraft, or during any calendar month that"
a. Five (5) or more Government aircraft are regularly based at the airport or
on land adjacent thereto; or
b. The total number of movements (counting each landing as a movement) of
Government aircraft is 300 or more, or the gross accumulative weight of
Government aircraft using the airport (the total movement of Government
aircraft multiplied by gross weights of such aircraft) is in excess of five
million pounds.
28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use
in connection with any air traffic control or air navigation activities, or weather -reporting
and communication activities related to air traffic control, any areas of land or water, or
estate therein, or rights in buildings of the sponsor as the Secretary considers necessary or
desirable for construction, operation, and maintenance at Federal expense of space or
facilities for such purposes. Such areas or any portion thereof will be made available as
provided herein within four months after receipt of a written request from the Secretary.
29. Airport Layout Plan.
a. It Will keep up to date at all times an airport layout plan of the airport
showing (1}boundaries of the airport and all proposed additions thereto,
together with the boundaries of all offsite areas owned or controlled by the
sponsor for airport purposes and proposed additions thereto; (2) the
location and nature of all existing and proposed airport facilities and
structures (such as runways, taxiways, aprons, terminal buildings, hangars
and roads), including all proposed extensions and reductions of existing
airport facilities; and (3) the location of all existing and proposed
nonaviation areas and of all existing improvements thereon. Such airport
layout plans and each amendment, revision, or modification thereof, shall
Airport Assurances (3/2005)
12
be subject to the approval of the Secretarywhich approval shall be
evidenced by the signature of a duly authorized representative of the
Secretary on the face of the airport layout plan. The sponsor will not make
or permit any changes or alterations in the airport or any of its facilities
which are not in conformity with the airport layout plan as approved by the
Secretary and which might, in the opinion of the Secretary, adversely
affect the safety, utility or efficiency of the airport.
b. If a change or alteration in the airport or the facilities is made which the
Secretary determines adversely affects the safety, utility, or efficiency of
any federally owned, leased, or funded property on or off the airport and
which is not in conformity with the airport layout plan as approved by the
Secretary, the owner or operator will, if requested, by the Secretary (1)
eliminate such adverse effect irr a manner approved by the Secretary; or (2)
bear all costs of relocating such property (or replacement thereof) to a site
acceptable to the Secretary and all costs of restoring such property (or
replacement thereof) to the level of safety, utility, efficiency, and cost of
operation existing before the unapproved change in the airport or its
facilities.
30. Civil Rights. It will comply with such rules as are promulgated to assure that no person
shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded
from participating in any activity conducted with or benefiting from funds received from this
grant. This assurance obligates the sponsor for the period during which Federal financial
assistance is extended to the program, except where Federal financial assistance is to
provide, or is in the form of personal property or real property or interest therein or structures
or improvements thereon in which case the assurance obligates the sponsor or any transferee
for the longer of the following periods: (a) the period during which the property is used for a
purpose for which Federal financial assistance is extended, or for another purpose involving
the provision of similar services or benefits, or (b) the period during which the sponsor
retains ownership or possession of the property.
31. Disposal of Land.
a. For land purchased under a grant far airport noise compatibility purposes,
it will dispose of the land, when the land is no longer needed for such
purposes, at fair market value, at the earliest practicable time. That portion
of the proceeds of such disposition which is proportionate to the United
States' share of acquisition of such land will, at the discretion of the
Secretary, (1) be paid to the Secretary for deposit in the Trust Fund, or
(2) be reinvested in an approved noise compatibility project as prescribed
by the Secretary, including the purchase of nonresidential buildings or
property in the vicinity of residential buildings or property previously
purchased by the airport as part of a noise compatibility program.
b. For land purchased under a grant for airport development purposes (other
than noise compatibility), it will, when the land is no longer needed for
airport purposes, dispose of such land at fair market value or make
available to the Secretary an amount equal to the United States'
proportionate share of the fair market value of the land. That portion of
the proceeds of such disposition which is proportionate to the United
States' share of the cost of acquisition of such land will, (1) upon
application to the Secretary, be reinvested in another eligible airport
improvement project or projects approved by the Secretary at that airport
or within the national airport system, or (2) be paid to the Secretary for
deposit in the Trust Fund if no eligible project exists.
Airport Assurances (3/2005)
13
c. Land shall be considered to be needed for airport purposes under this
assurance if (1) it may be needed for aeronautical purposes (including
runway protection zones) or serve as noise buffer land, and (2) the revenue
from interim uses of such land contributes to the financial self sufficiency
of the airport. Further, land purchased with a grant received by an airport
operator or owner before December 31, 1987, will be considered to be
needed for airport purposes if the Secretary or Federal agency making such
grant before December 31, 1987, was notified by the operator or owner of
the uses of such land, did not object to such use, and the land continues to
be used for that purpose, such use having commenced no later than
December 15, 1989.
d. Disposition of such land under {a) (b) or (c) will be subject to the retention
or reservation of any interest or right therein necessary to ensure that such
land will only be used for purposes which are compatible with noise levels
associated with operation of the airport.
32. Engineering and Design Services. It will award each contract, or sub -contract for program
management, construction management, planning studies, feasibility studies, architectural
services, preliminary engineering, design, engineering, surveying, mapping or related
services with respect to the project in the same manner as a contract for architectural and
engineering services is negotiated under Title IX of the Federal Property and Administrative
Services Act of 1949 or an equivalent qualifications -based requirement prescribed for or by
the sponsor of the airport.
33. Foreign Market Restrictions. It will not allow funds provided under this grant to be used to
fund any project which uses any product or service of a foreign country during the period in
which such foreign country is listed by the United States Trade Representative as denying
fair and equitable market opportunities for products and suppliers of the United States in
procurement and construction.
34. Policies, Standards, and Specifications. It will carry out the project in accordance with
policies, standards, and specifications approved by the Secretary including but not limited to
the advisory circulars listed in the Current FAA Advisory Circulars for Alp projects, dated
and included in this grant, and in accordance with applicable state policies, standards,
and specifications approved by the Secretary.
35. Relocation and Rea[ Property Acquisition. (1) It will be guided in acquiring real property,
to the greatest extent practicable under State Iaw, by khe land acquisition policies in Subpart
B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as
specified in Subpart B. (2) It will provide a relocation assistance program offering the
services described in Subpart C and fair and reasonable relocation payments and assistance
to displaced persons as required in Subpart D and E of 49 CFR Part 24. (3) It will make
available within a reasonable period of time prior to displacement, comparable replacement
dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24.
36. Access By Intercity Buses. The airport owner or operator will permit, to the maximum
extent practicable, intercity buses or other modes of transportation to have access to the
airport, however, it has no obligation to fund special facilities for intercity buses or for other
modes of transportation.
37. Disadvantaged Business Enterprises. The recipient shall not discriminate on the basis of
race, color, national origin or sex in the award and performance of any DOT -assisted
contrack or in the administration of its DBE program or the requirements of 49 CFR Part 26.
The Recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure
Airport Assurances (312005)
14
non discrimination in the award and administration ofDOT-assisted contracts. The
recipient's DBE program, as required by 49 CFR Part 26, and as approved by DOT, is
incorporated by reference in this agreement. Implementation of this program is a legal
obligation and failure to carry out its terms shall be treated as a violation of this agreement.
Upon notification to the recipient of its failure to carry out its approved program, the
Department may impose sanctions as provided for under Part 26 and may, in appropriate
cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil
Remedies Act of 1986 (31 U.S.C. 3801).
38. Hangar Construction. If the airport owner or operator and a person who owns an aircraft
agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owner's
expense, the airport owner or operator will grant to the aircraft owner for the hangar a long
term lease that is subject to such terms and conditions on the hangar as the airport owner or
operator may impose.
39. Competitive Access.
a. If the airport owner or operator of a medium or large hub airport (as
defined in section 47102 of title 49, U.S.C.) has been unable to
accommodate one or more requests by an air carrier for access to gates or
other facilities at that airport in order to allow the air carrier to provide
service to the airport or to expand service at the airport, the airport owner
or operator shall transmit a report to the Secretary that-
1. Describes the requests;
2. Provides an explanation as to why the requests could not be
accommodated; and
3. Provides a time frame within which, if any, the airport will be able
to accommodate the requests.
b. Such report shall be due on either February 1 or August 1 of each year if
the airport has been unable to accommodate the request{s) in the six month
period prior to the applicable due date
Airport Assurances (3/2005)
FEDERAL AVIATION ADMINISTRATION
REQUIRED
ADVISORY CIRCULARS
FOR USE I N
A1P & PFC APPROVED PROJECTS
CURRENT FAA ADVISORY CIRCULARS REQUIRED FOR USE IN AIP FUNDED
AND PFC APPROVED PROJECTS
Dated: 3/21/2007
View the most current versions of these ACs and any associated changes at
http:/Iwww.faa. gov/airports/resources/advisory_pirculars/.
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9
70/7460=1K'
Obstruction Marking and Lighting
150/5000-13
Announcement of Availability—RTCA Inc., Document RTCA-221, Guidance
and Recommended Requirements for Airport Surface Movement Sensors
150/5020-1
Noise Control and Compatibility Planning for Airports
150/5070-613
Airport Master Plans
150/5070-7
The Airport System Planning Process
150/5200-28C
Notices to Airmen (NOTAMS) for Airport Operators
150/5200-30A
Airport Winter Safety and Operations
and Changes 1
through 8
150/5200-33A
Hazardous Wildlife Attractants On or Near Airports
150/5210-5B
Painting, Marking and Lighting of Vehicles Used on an Airport
150/5210-7C
Aircraft Fire and Rescue Communications
150/5210-13B
Water Rescue Plans, Facilities, and Equipment
150/5210-14A
Airport Fire and Rescue Personnel Protective Clothing
1501521 0-1 5
Airport Rescue & Firefighting Station Building Design
150/5210-18
Systems for Interactive Training of Airport Personnel
150/5210-19
Driver's Enhanced Vision System (DEVS)
150/5220=413
Water Supply Systems for Aircraft Fire and Rescue Protection
150/5220-10C
Guide Specification for Water/Foam Type Aircraft Rescue and Firefighting
Vehicles
150/5220A3B
Runway Surface Condition Sensor Specification Guide
150/5220-16C
Automated Weather Observing Systems for Non -Federal Applications
150/5220-17A
Design Standards for Aircraft Rescue Firefighting Training Facilities
and Change 1
150/5220-18
Buildings for Storage and Maintenance of Airport Snow and Ice Control
Equipment and Materials
150/5220-19
Guide Specification for Small, Dual -Agent Aircraft Rescue and Firefighting
Vehicles
150/5220-20 and
Airport Snow and Ice Control Equipment
Change 1
150/5220-21B
Guide Specification for Lifts Used to Board Airline Passengers With Mobility
Impairments
FAA Advisory Circuiars Required For use In AIP Funded And PH. Approved Projects
March 21, 2007
150/5220-22A
Engineered Materials Arresting Systems (EMAS) for Aircraft Overruns
150/5300-13 and
Airport Design
Changes 1
through 10
150/5300-14 and
Design of Aircraft Deicing Facilities
Changes 1
through 2
150/5300-16
General Guidance and Specifications for Aeronautical Surveys:
Establishment of Geodetic Control and Submission to the National Geodetic
Survey
150/5300-17
General Guidance and Specifications for Aeronautical Survey Airport
Imagery Acquisition and Submission to the National Geodetic Survey
150/5300-18
General Guidance and Specifications for Submission of Aeronautical
Surveys to NGS: Field Data Collection and Geographic Information System
GIS Standards
150/5320-58
Airport Drainage
150/5320-6D and
Airport Pavement Design and Evaluation
Changes 1
through 4
150/5320A2C
Measurement, Construction, and Maintenance of Skid Resistant Airport
and Changes 1
Pavement Surfaces
through 8
150/5320-14
Airport Landscaping for Noise Control Purposes
150/5320-15 and
Management of Airport Industrial Waste
Change 1
150/53254B
Runway Length Requirements for Airport Design
15015335-5A
Standardized Method of Reporting Pavement Strength PCN
150/5340-1J
Standards for Airport Markings
150/5340-5B and
Segmented Circle Airport Marker System
Change 1
150/5340-18D
Standards for Airport Sign Systems
150/5340-308
Design and Installation Details for Airport Visual Aids
150/5345-3E
Specification for L821 Panels for Control of Airport Lighting
150/5345-56
Circuit Selector Switch
150/5345-7E
Specification for L824 Underground Electrical Cable for Airport Lighting
Circuits
150/5345-10F
Specification for Constant Current Regulators Regulator Monitors
150/5345-12E
Specification for Airport and Heliport Beacon
150/5345A 3A
Specification for L841 Auxiliary Relay Cabinet Assembly for Pilot Control of
Airport Lighting Circuits
150/5345-26C
Specification for L823 Plug and Receptacle, Cable Connectors
2
FAA Advisory Circulars Required For Use In AIP Funded And PFC Approved Projects
March 21, 2007
NEI
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150/5345-27D
Specification for Wind Cone Assemblies
150/5345-28F
Precision Approach Path Indicator (PAPI) Systems
150/5345-39C
FAA Specification L853, Runway and Taxiway Retroreflective Markers
150/534542F
Specification for Airport Light Bases, Transformer Housings, Junction Boxes
and Accessories
150/5345-43F
Specification for Obstruction Lighting Equipment
150/534544G
Specification for Taxiway and Runway Signs
150/534545B
Low -Impact Resistant (LIR) Structures
1501534546C
Specification for Runway and Taxiway Light Fixtures
150/534547B
Specification for Series to Series Isolation Transformers for Airport Lighting
Systems
150/534549B
Specification L854, Radio Control Equipment
150/5345-50A
Specification for Portable Runway and Taxiway Lights
150/5345-51A
Specification for Discharge -Type Flasher Equipment
150/5345-52
Generic Visual Glideslope Indicators (GVGI)
150/5345-53C
Airport Lighting Equipment Certification Program
150/5345-54A
Specification for L-1884 Power and Control Unit for Land and Hold Short
and Change 1
150/5345-55
Lighted Visual Aid to Indicate Temporary Runway Closure
150/5345-56
Specification for L-890 Airport Lighting Control and Monitoring System
(ALCMS)
150/5360-9
Planning and Design of Airport Terminal Facilities at NonHub Locations
150/5360-121)
Airport Signing and Graphics
150/5360A 3 and
Planning and Design Guidance for Airport Terminal Facilities
Change 1
150/5370-2E
Operational Safety on Airports During Construction
150/5370-10B
Standards for Specifying Construction of Airports
150/5370-11A
Use of Nondestructive Testing Devices in the Evaluation of Airport Pavement
150/5380-6A
Guidelines and Procedures for Maintenance of Airport Pavements
150/5390-28
Heliport Design
15015390-3
Vertiport Design
150/5395-1
Seaplane Bases
`This AC is available at
or
FAA Advisory Circulars Required For Use In AIP Funded And PFC Approved Projects
March 21, 2007
THE FOLLOWING ADDITIONAL APPLY to AIP PROJECTS ONLY
Dated: 3/21/2007
150/5100A4D
Architectural, Engineering, and Planning Consultant Services for Airport
Grant Projects
150/5100-15A
Civil Rights Requirements for the Airport Improvement Program
150/5100A 7 and
Land Acquisition and Relocation Assistance for Airport Improvement
Changes 1
Program Assisted Projects
through 6
150/5200-37
Introduction to Safety Management Systems (SMS) for Airport Operators
150/5300A 5
Use of Value Engineering for Engineering Design of Airports Grant Projects
150/5320-17
Airfield Pavement Surface Evaluation and Rating (PASER) Manuals
150/537MB
Construction Progress and Inspection Report -Airport Grant Program
150/5370A 1A
Use on Nondestructive Testing Devices in the Evaluation of Airport
Pavements
150/5370-12
Quality Control of Construction for Airport Grant Projects
150/5370=13A
Offpeak Construction of Airport Pavements Using Hof -Mix Asphalt
150/5380-7A
Airport Pavement Management System
150/5380-8
Handbook for Identification of Alkal!-Silica Reactivity in Airfield Pavements
THE FOLLOWING ADDITIONAL APPLY to PFC PROJECTS ONLY
Dated: 312112007
150/5000-12 Announcement of Availability —Passenger Facility Charge {PFC) Application
(FAA Form 5500-1 }
0
ASSURANCES
Airport Sponsors
A. General.
1. These assurances shall be complied with in the performance of grant agreements for airport
development, airport planning, and noise compatibility program grants for airport sponsors.
2. These assurances are required to be submitted as part of the project application by sponsors
requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used
herein, the term "public agency sponsor" means a public agency with control of a public -use
airport; the term "private sponsor" means a private owner of a public -use airport; and the
term "sponsor" includes both public agency sponsors and private sponsors.
3. Upon acceptance of the grant offer by the sponsor, these assurances are incorporated in and
become part of the grant agreement.
B. Duration and Applicability.
1. Airport development or Noise Compatibility Program Projects Undertaken by a Public
Agency Sponsor. The terms, conditions and assurances of the grant agreement shall remain
in full force and effect throughout the useful life of the facilities developed or equipment
acquired for an airport development or noise compatibility program project, or throughout
the useful life of the project items installed within a facility under a noise compatibility
program project, but in any event not to exceed twenty (20) years from the date of
acceptance of a grant offer of Federal funds for the project. However, there shall be no limit
on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as
the airport is used as an airport. There shall be no limit on the duration of the terms,
conditions, and assurances with respect to real property acquired with federal funds.
Furthermore, the duration of the Civil Rights assurance shall be specified in the assurances.
2. Airport Development or Noise Compatibility Projects Undertaken by a Private
Sponsor. The preceding paragraph 1 also applies to a private sponsor except that the useful
life of project items installed within a facility or the useful life of the facilities developed or
equipment acquired under an airport development or noise compatibility program project
shall be no less than ten (10) years from the date of acceptance of Federal aid for the project.
3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in the grant
agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 30, 32, 33, and 34 in section C apply to
planning projects. The terms, conditions, and assurances of the grant agreement shall remain
in full force and effect during the life of the project.
C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that:
1. General Federal Requirements. It will comply with all applicable Federal laws,
regulations, executive or•der•s, policies, guidelines, and requirements as they relate to the
application, acceptance and use of Federal funds for this project including but not limited to
the following:
Federal Legislation
a. Title 49, U.S.C., subtitle VII, as amended.
b. Davis -Bacon Act - 40 U.S.C. 276(a), et sea.
c. Federal Fair Labor• Standards Act - 29 U.S.C. 201, et sea•
d. Hatch Act - 5 U.S.C. 1501, et sea.2
Airport Assurances (3/2005)
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1970 Title 42 U.S.C. 4601, et seq. 12
f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C.
470(f).1
g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469
through 469c.1
h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et
sue.
i. Clean Air Act, P.L. 90448, as amended.
j. Coastal Zone Management Act, P.L. 93-205, as amended.
k. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C.
4012a.1
1. Title 49 ,U,S,C,, Section 303, (formerly known as Section 4(f))
m. Rehabilitation Act of 1973 - 29 U.S.C. 794.
n. Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d through d4.
o. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et se .
p. American Indian Religious Freedom Act, P.L. 95-341, as amended.
q Architectural Barriers Act of 1968 42 U.S.C. 4151, et seal
r. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C.
8373. 1
s. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et sea•1
t. Copeland Anti kickback Act - 18 U.S.C. 874.1
u. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seg.
v. Wild and Scenic Rivers Act, P.L. 90-542, as amended.
w. Single Audit Act of 1984 - 31 U.S.C. 7501, etet seq.
x. Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706.
Executive Orders
Executive Order 11246 -Equal Employment Opportunity
Executive Order 11990 -Protection of Wetlands
Executive Order 11988 — Flood Plain Management
Executive Order 12372 - Intergovernmental Review of Federal Programs.
Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New
Building Construction)
Executive Order 12898 - Environmental Justice
Federal Regulations
a. 14 CFR Part 13 -Investigative and Enforcement Procedures.
b. 14 CFR Part 16 -Rules of Practice For Federally Assisted Airport
Enforcement Proceedings.
c. 14 CFR Part 150 - Airport noise compatibility planning.
d. 29 CFR Part 1 - Procedures for predetermination of wage rates.)
e. 29 CFR Part 3 - Contractors and subcontractors on public building or
public work financed in whole or part by loans or grants from the United
States.)
f. 29 CFR Part 5 - Labor standards provisions applicable to contracts
covering federally financed and assisted construction (also labor standards
provisions applicable to non -construction contracts subject to the Contract
Work Hours and Safety Standards Act).1
g, 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor (Federal and federally
assisted contracting requirements).1
Airport Assurances (3/2005)
3
h. 49 CFR Part `18 - Uniform administrative requirements for grants and
cooperative agreements to state and local governments.3
i. 49 CFR Part 20 - New restrictions on lobbying.
j. 49 CFR Part 21 - Nondiscrimination in federally -assisted programs of the
Department of Transportation - effectuation of Title VI of the Civil Rights
Act of 1964.
k. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in
Airport Concessions.
1 49 CFR Part 24 - Uniform relocation assistance and real property
acquisition for Federal and federally assisted programs.r 2
m. 49 CFR Part 26 — Participation By Disadvantaged Business Enterprises in
Department of Transportation Programs.
n. 49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs
and activities receiving or benefiting from Federal financial assistance.r
o. 49 CFR Part 29 — Government wide debarment and suspension (non -
procurement) and government wide requirements for drug -free workplace
(grants).
p. 49 CFR Part 30 - Denial of public works contracts to suppliers of goods
and services of countries that deny procurement market access to U.S.
contractors.
q. 49 CFR Part 41 -Seismic safety of Federal and federally assisted or
regulated new building construction.
Office of Management and Budget Circulars
a. A-87 -Cost Principles Applicable to Grants and Contracts with State and
Local Governments.
b A433 - Audits of States, Local Governments, and Non -Profit
Organizations
i These laws do not apply to airport planning sponsors.
2 These laws do not apply to private sponsors.
3 49 CFR Part 18 and OMB Circular A-87 contain requirements for State and Local
Governments receiving Federal assistance. Any requirement levied upon State
and Local Governments by this regulation and circular shall also be applicable
to private sponsors receiving Federal assistance under Title 49, United States
Code.
Specific assurances required to be included in grant agreements by any of the above laws,
regulations or circulars are incorporated by reference in the grant agreement.
2. Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor: It has legal authority to apply for the grant, and
to finance and carry out the proposed project; that a resolution, motion or
similar action has been duly adopted or passed as an official act of the
applicant's governing body authorizing the filing of the application,
including all understandings and assurances contained therein, and
directing and authorizing the person identified as the official representative
of the applicant to act in connection with the application and to provide
such additional information as may be required.
b. Private Sponsor: It has legal authority to apply for the grant and to
finance and carry out the proposed project and comply with all terms,
conditions, and assurances of this grant agreement It shall designate an
official representative and shall in writing direct and authorize that person
Airport Assurances (3/2005)
0
to Me this application, including all understandings and assurances
contained therein; to act in connection with this application; and to provide
such additional information as may be required.
3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs
which are not to be paid by the United States. It has sufficient funds available to assure operation
and maintenance of items funded under the grant agreement which it will own or control.
4. Good Title.
a. It, a public agency or the Federal government, holds good title, satisfactory
to the Secretary, to the landing area of the airport or site thereof, or will
give assurance satisfactory to the Secretary that good title will be acquired.
b. For noise compatibility program projects to be carried out on the property
of the sponsor, it holds good title satisfactory to the Secretary to that
portion of the property upon which Federal funds will be expended or will
give assurance to the Secretary that good title will be obtained.
5. Preserving Rights and Powers.
a. It will not take or permit any action which would operate to deprive it of
any of the rights and powers necessary to perform any or all of the terms,
conditions, and assurances in the grant agreement without the written
approval of the Secretary, and will act promptly to acquire, extinguish or
modify any outstanding rights or claims of right of others which would
interfere with such performance by the sponsor. This shall be done in a
manner acceptable to the Secretary.
b. It will not sell, lease, encumber, or otherwise transfer or dispose of any
part of its title or other interests in the property shown on Exhibit A to this
application or, for a noise compatibility program project, that portion of
the property upon which Federal funds have been expended, for the
duration of the terms, conditions, and assurances in the grant agreement
without approval by the Secretary. If the transferee is found by the
Secretary to be eligible under Title 49, United States Code, to assume the
obligations of the grant agreement and to have the power, authority, and
financial resources to carry out all such obligations, the sponsor shall insert
in the contract or document transferring or disposing of the sponsor's
interest, and make binding upon the transferee all of the terms, conditions,
and assurances contained in this grant agreement.
c. For all noise compatibility program projects which are to be carried out by
another unit of local government or are on property owned by a unit of
local government other than the sponsor, it will enter into an agreement
with that government. Except as otherwise specified by the Secretary, that
agreement shall obligate that government to the same terms, conditions,
and assurances that would be applicable to it if it applied directly to the
FAA for a grant to undertake the noise compatibility program project.
That agreement and changes thereto must be satisfactory to the Secretary.
It will take steps to enforce this agreement against the local government if
there is substantial non-compliance with the terms of the agreement.
d. For noise compatibility program projects to be carried out on privately
owned property, it will enter into an agreement with the owner of that
Airport Assurances (3/2005)
property which includes provisions specified by the Secretary. It will take
steps to enforce this agreement against the property owner whenever there
is substantial non-compliance with the terms of the agreement.
e. If the sponsor is a private sponsor, it will take steps satisfactory to the
Secretary to ensure that the airport will continue to function as a public -use
airport in accordance with these assurances for the duration of these
assurances.
f. If an arrangement is made for management and operation of the airport by
any agency or person other than the sponsor or an employee of the
sponsor, the sponsor will reserve sufficient rights and authority to insure
that the airport will be operated and maintained in accordance Title 49,
United States Code, the regulations and the terms, conditions and
assurances in the grant agreement and shall insure that such arrangement
also requires compliance therewith.
6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at
the time of submission of this application) of public agencies that are authorized by the State
in which the project is located to plan for the development of the area surrounding the
airport.
7. Consideration of Local Interest. It has given fair consideration to the interest of
communities in or near where the project may be located.
S. Consultation with Users. In making a decision to undertake any airport development
project under Title 49, United States Code, it has undertaken reasonable consultations with
affected parties using the airport at which project is proposed.
9. Public Hearings. In projects involving the location of an airport, an airport runway, or a
major runway extension, it has afforded the opportunity for public hearings for the purpose
of considering the economic, social, and environmental effects of the airport or runway
location and its consistency with goals and objectives of such planning as has been carried
out by the community and it shall, when requested by the Secretary, submit a copy of the
transcript of such hearings to the Secretary. Further, for such projects, it has on its
management board either voting representation from the communities where the project is
located or has advised the communities that they have the right to petition the Secretary
concerning a proposed project.
10. Air and Water Quality Standards. In projects involving airport location, a major runway
extension, or runway location it will provide for the Governor of the state in which the
project is located to certify in writing to the Secretary that the project will be located,
designed, constructed, and operated so as to comply with applicable air and water quality
standards. In any case where such standards have not been approved and where applicable
air and water quality standards have been promulgated by the Administrator of the
Environmental Protection Agency, certification shall be obtained from such Administrator.
Notice of certification or refusal to certify shall be provided within sixty days after the
project application has been received by the Secretary.
ll. Pavement Preventive Maintenance. With respect to a project approved after January 1,
1995, for the replacement or reconstruction of pavement at the airport, it assures or certifies
that it has implemented an effective airport pavement maintenance -management program
and it assures that it will use such program for the useful life of any pavement constructed,
reconstructed or repaired with Federal financial assistance at the airport. It will provide such
Airport Assurances (3/2005)
Cil
reports on pavement condition and pavement management programs as the Secretary
determines may be useful.
12. Terminal Development Prerequisites. For projects which include terminal development at
a public use airport, as defined in Title 49, it has, on the date of submittal of the project grant
application, all the safety equipment required for certification of such airport under section
44706 of Title 49, United States Code, and all the security equipment required by rule or
regulation, and has provided for access to the passenger enplaning and deplaning area of
such airport to passengers enplaning and deplaning ftom aircraft other than air carrier
aircraft.
13. Accounting System, Audit, and Record Keeping Requirements.
a. It shall keep all project accounts and records which fully disclose the
amount and disposition by the recipient of the proceeds of the grant, the
total cost of the project in connection with which the grant is given or
used, and the amount or nature of that portion of the cost of the project
supplied by other sources, and such other financial records pertinent to the
project. The accounts and records shall be kept in accordance with an
accounting system that will facilitate an effective audit in accordance with
the Single Audit Act of 1984.
b. It shall make available to the Secretary and the Comptroller General of the
United States, or any of their only authorized representatives, for the
purpose of audit and examination, any books, documents, papers, and
records of the recipient that are pertinent to the grant. The Secretary may
require that an appropriate audit be conducted by a recipient. In any case
in which an independent audit is made of the accounts of a sponsor relating
to the disposition of the proceeds of a grant or relating to the project in
connection with which the grant was given or used, it shall file a certified
copy of such audit with the Comptroller General of the United States not
later than six (6) months following the close of the fiscal year for which
the audit was made.
14. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work on any
projects funded under the grant agreement which involve labor, provisions establishing
minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with
the Davis -Bacon Act, as amended (40 U.S.C. 276a-276a-5), which contractors shall pay to
skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids
and shall be included in proposals or bids for the work.
15. Veteran's Preference. It shall include in all contracts for work on any project funded under
the grant agreement which involve labor, such provisions as are necessary to insure that, in
the employment of labor (except in executive, administrative, and supervisory positions),
preference shall be given to Veterans of the Vietnam era and disabled veterans as defined in
Section 47112 of Title 49, United States Code. However, this preference shall apply only
where the individuals are available and qualified to perform the work to which the
employment relates.
16. Conformity to Plans and Specifications. It will execute the project subject to plans,
specifications, and schedules approved by the Secretary. Such plans, specifications, and
schedules shall be submitted to the Secretary prior to commencement of site preparation,
construction, or other performance under this grant agreement, and, upon approval of the
Secretary, shall be incorporated into this grant agreement. Any modification to the approved
Airport Assurances (3/2005)
7
plans, specifications, and schedules shall also be subject to approval of the Secretary, and
incorporated into the grant agreement.
17. Construction Inspection and Approval. It will provide and maintain competent technical
supervision at the construction site throughout the project to assure that the work conforms
to the plans, specifications, and schedules approved by the Secretary for the project. It shall
subject the construction work on any project contained in an approved project application to
inspection and approval by the Secretary and such work shall be in accordance with
regulations and procedures prescribed by the Secretary. Such regulations and procedures
shall require such cost and progress reporting by the sponsor or sponsors of such project as
the Secretary shall deem necessary.
18. Planning Projects. In carrying out planning projects:
a. It will execute the project in accordance with the approved program
narrative contained in the project application or with the modifications
similarly approved.
b. It will furnish the Secretary with such periodic reports as required
pertaining to the planning project and planning work activities.
a It will include in all published material prepared in connection with the
planning project a notice that the material was prepared under a grant
provided by the United States.
d. It will make such material available for examination by the public, and
agrees that no material prepared with funds under this project shall be
subject to copyright in the United States or any other country.
e. It will give the Secretary unrestricted authority to publish, disclose,
distribute, and otherwise use any of the material prepared in connection
with this grant.
£ It will grant the Secretary the right to disapprove the sponsor's employment
of specific consultants and their subcontractors to do all or any part of this
project as well as the right to disapprove the proposed scope and cost of
professional services.
g. It will grant the Secretary the right to disapprove the use of the sponsor's
employees to do all or any part of the project.
h, It understands and agrees that the Secretary's approval of this project grant
or the Secretary's approval of any planning material developed as part of
this grant does not constitute or imply any assurance or commitment on the
part of the Secretary to approve any pending or future application for a
Federal airport grant.
19. Operation and Maintenance.
a. The airport and all facilities which are necessary to serve the aeronautical
users of the airport, other• than facilities owned or controlled by the United
States, shall be operated at all times in a safe and serviceable condition and
in accordance with the minimum standards as may be required or
prescribed by applicable Federal, state and local agencies for maintenance
and operation. It will not cause or permit any activity or action thereon
which would interfere with its use for airport purposes. It will suitably
Airport Assurances (3/2005)
0
operate and maintain the airport and all facilities thereon or connected
therewith, with due regard to climatic and flood conditions. Any proposal
to temporarily close the airport for non -aeronautical purposes must first be
approved by the Secretary.
In furtherance of this assurance, the sponsor will have in effect
arrangements for-
(1) Operating the airport's aeronautical facilities whenever
required;
(2) Promptly marking and lighting hazards resulting from airport
conditions, including temporary conditions; and
(3) Promptly notifying airmen of any condition affecting
aeronautical use of the airport.
Nothing contained herein shall be construed to require that the airport be
operated for aeronautical use during temporary periods when snow, flood
or other climatic conditions interfere with such operation and maintenance.
Further, nothing herein shall be construed as requiring the maintenance,
repair, restoration, or replacement of any structure or facility which is
substantially damaged or destroyed due to an act of God or other condition
or circumstance beyond the control of the sponsor.
b. It will suitably operate and maintain noise compatibility program items
that it owns or controls upon which Federal funds have been expended.
20. Hazard Removal and Mitigation. It will take appropriate action to assure that such
terminal airspace as is required to protect instrument and visual operations to the airport
(including established minimum flight altitudes) will be adequately cleared and protected by
removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport
hazards and by preventing the establishment or creation of future airport hazards.
21. Compatible Land Use. It will take appropriate action, to the extent reasonable, including
the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate
vicinity of the airport to activities and purposes compatible with normal airport operations,
including landing and takeoff of aircraft. In addition, if the project is for noise compatibility
program implementation, it will not cause or permit any change in land use, within its
jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise
compatibility program measures upon which Federal funds have been expended.
22. Economic Nondiscrimination.
a. It will make the airport available as an airport for public use on reasonable
terms and without unjust discrimination to all types, kinds and classes of
aeronautical activities, including commercial aeronautical activities
offering services to the public at the airport.
b. In any agreement, contract, lease, or other arrangement under which a right
or privilege at the airport is granted to any person, firm, or corporation to
conduct or to engage in any aeronautical activity for furnishing services to
the public at the airport, the sponsor will insert and enforce provisions
requiring the contractor to-
(1) furnish said services on a reasonable, and not unjustly discriminatory,
basis to all users thereof, and
(2) charge reasonable, and not unjustly discriminatory, prices for each
unit or service, provided that the contractor may be allowed to make
reasonable and nondiscriminatory discounts, rebates, or other similar
types of price reductions to volume purchasers.
Airport Assurances (3/2005)
9
c. Each fixed -based operator at the airport shall be subject to the same rates,
fees, rentals, and other charges as are uniformly applicable to all other
fixed -based operators making the same or similar uses of such airport and
utilizing the same or similar facilities.
d. Each air carrier using such airport shall have the right to service itself or to
use any fixed -based operator that is authorized or permitted by the airport
to serve any air carrier at such airport.
e. Each air carrier using such airport (whether as a tenant, non tenant, or
subtenant of another air carrier tenant) shall be subject to such
nondiscriminatory and substantially comparable rules, regulations,
conditions, rates, fees, rentals, and other charges with respect to facilities
directly and substantially related to providing air transportation as are
applicable to all such air carriers which make similar use of such airport
and utilize similar facilities, subject to reasonable classifications such as
tenants or non tenants and signatory carriers and non signatory carriers.
Classification or status as tenant or signatory shall not be unreasonably
withheld by any airport provided an air carrier assumes obligations
substantially similar to those already imposed on air carriers in such
classification or status.
£ It will not exercise or grant any right or privilege which operates to prevent
any person, firm, or corporation operating aircraft on the airport from
performing any services on its own aircraft with its own employees
[including, but not limited to maintenance, repair, and fueling] that it may
choose to perform.
g. In the event the sponsor itself exercises any of the rights and privileges
referred to in this assurance, the services involved will be provided on the
same conditions as would apply to the furnishing of such services by
commercial aeronautical service providers authorized by the sponsor under
these provisions.
h. The sponsor may establish such reasonable, and not unjustly
discriminatory, conditions to be met by all users of the airport as may be
necessary for the safe and efficient operation of the airport.
i. The sponsor may prohibit or limit any given type, kind or class of
aeronautical use of the airport if such action is necessary for the safe
operation of the airport or necessary to serve the civil aviation needs of the
public.
23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person
providing, or intending to provide, aeronautical services to the public. For purposes of this
paragraph, the providing of the services at an airport by a single fixed -based operator shall
not be construed as an exclusive right if both of the following apply:
a. It would be unreasonably costly, burdensome, or impractical for more than one
fixed -based operator to provide such services, and
b. If allowing more than one fixed -based operator to provide such services would
require the reduction of space leased pursuant to an existing agreement
between such single fixed -based operator and such airport.
It further agrees that it will not, either directly or indirectly, grant or permit any person, firm,
or corporation, the exclusive right at the airport to conduct any aeronautical activities,
including, but not limited to charter flights, pilot training, aircraft rental and sightseeing,
aerial photography, crop dusting, aerial advertising and surveying, air carrier operations,
Airport Assurances (3/2005)
10
aircraft sales and services, sale of aviation petroleum products whether or not conducted in
conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of
aircraft parts, and any other activities which because of their direct relationship to the
operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any
exclusive right to conduct an aeronautical activity now existing at such an airport before the
grant of any assistance under Title 49, United States Code.
24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and
services at the airport which will make the airport as self-sustaining as possible under the
circumstances existing at the particular airport, taking into account such factors as the volume of
traffic and economy of collection. No part of the Federal share of an airport development, airport
planning or noise compatibility project for which a grant is made under Title 49, United States
Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport
and Airway Development Act of 1970 shall be included in the rate basis in establishing fees,
rates, and charges for users of that airport.
25. Airport Revenues.
a. All revenues generated by the airport and any local taxes on aviation fuel
established after December 30, 1987, will be expended by it for the capital or
operating costs of the airport; the local airport system; or other local facilities
which are owned or operated by the owner or operator of the airport and which
are directly and substantially related to the actual air transportation of
passengers or property; or for noise mitigation purposes on or off the airport.
Provided, however, that if covenants or assurances in debt obligations issued
before September 3, 1982, by the owner or operator of the airport, or provisions
enacted before September 3, 1982, in governing statutes controlling the owner
or operator's financing, provide for the use of the revenues from any of the
airport owner or operator's facilities, including the airport, to support not only
the airport but also the airport owner or operator's general debt obligations or
other facilities, then this limitation on the use of all revenues generated by the
airport (and, in the case of a public airport, local taxes on aviation fuel) shall
not apply.
b. As part of the annual audit required under the Single Audit Act of 1984, the
sponsor will direct that the audit will review, and the resulting audit report will
provide an opinion concerning, the use of airport revenue and taxes in
paragraph (a), and indicating whether funds paid or transferred to the owner or
operator are paid or transferred in a manner consistent with Title 49, United
States Code and any other applicable provision of law, including any regulation
promulgated by the Secretary or Administrator.
c. Any civil penalties or other sanctions will be imposed for violation of this
assurance in accordance with the provisions of Section 47107 of Title 49,
United States Code.
26. Reports and Inspections. It will:
a. submit to the Secretary such annual or special financial and operations reports
as the Secretary may reasonably request and make such reports available to the
public; make available to the public at reasonable times and places a report of
the airport budget in a format prescribed by the Secretary;
b. for airport development projects, make the airport and all airport records and
documents affecting the airport, including deeds, leases, operation and use
Airport Assurances (3/2005)
ifl
agreements, regulations and other instruments, available for inspection by any
duly authorized agent of the Secretary upon reasonable request;
c. for noise compatibility program projects, make records and documents relating
to the project and continued compliance with the terms, conditions, and
assurances of the grant agreement including deeds, leases, agreements,
regulations, and other instruments, available for inspection by any duly
authorized agent of the Secretary upon reasonable request; and
d. in a format and time prescribed by the Secretary, provide to the Secretary and
make available to the public following each of its fiscal years, an annual report
listing in detail:
(i) all amounts paid by the airport to any other unit of government and the
purposes for which each such payment was made; and
(ii) all services and property provided by the airport to other units of government
and the amount of compensation received for provision of each such
service and property.
27. Use by Government Aircraft. It will make available all of the facilities of the airport
developed with Federal financial assistance and all those usable for landing and takeoff of
aircraft to the United States for use by Government aircraft in common with other aircraft at
all times without charge, except, if the use by Government aircraft is substantial, charge may
be made for a reasonable share, proportional to such use, for the cost of operating and
maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise
agreed to by the sponsor and the using agency, substantial use of an airport by Government
aircraft will be considered to exist when operations of such aircraft are in excess of those
which, in the opinion of the Secretary, would unduly interfere with use of the landing areas
by other authorized aircraft, or during any calendar month that-
a. Five (5) or more Government aircraft are regularly based at the airport or
on land adjacent thereto; or .
b. The total number of movements (counting each landing as a movement) of
Government aircraft is 300 or more, or the gross accumulative weight of
Government aircraft using the airport (the total movement of Government
aircraft multiplied by gross weights of such aircraft) is in excess of five
million pounds.
28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use
in connection with any air traffic control or air navigation activities, or weather -reporting
and communication activities related to air traffic control, any areas of land or water, or
estate therein, or rights in buildings of the sponsor as the Secretary considers necessary or
desirable for construction, operation, and maintenance at Federal expense of space or
facilities for such purposes. Such areas or any portion thereof will be made available as
provided herein within four months after receipt of a written request from the Secretary.
29. Airport Layout Plan.
a. It will keep up to date at all times an airport layout plan of the airport
showing (1) boundaries of the airport and all proposed additions thereto,
together with the boundaries of all offsite areas owned or controlled by the
sponsor for airport purposes and proposed additions thereto; (2) the
location and nature of all existing and proposed airport facilities and
structures (such as runways, taxiways, aprons, terminal buildings, hangars
and roads), including all proposed extensions and reductions of existing
airport facilities; and (3) the location of all existing and proposed
nonaviation areas and of all existing improvements thereon. Such airport
layout plans and each amendment, revision, or modification thereof, shall
Airport Assurances (3/2005)
12
be subject to the approval of the Secretary which approval shall be
evidenced by the signature of a duly authorized representative of the
Secretary on the face of the airport layout plan. The sponsor will not make
or permit any changes or alterations in the airport or any of its facilities
which are not in conformity with the airport layout plan as approved by the
Secretary and which might, in the opinion of the Secretary, adversely
affect the safety, utility or efficiency of the airport.
b. If a change or alteration in the airport or the facilities is made which the
Secretary determines adversely affects the safety, utility, or efficiency of
any federally owned, leased, or funded property on or off the airport and
which is not in conformity with the airport layout plan as approved by the
Secretary, the owner or operator will, if requested, by the Secretary (1)
eliminate such adverse effect in a manner approved by the Secretary; or (2)
bear all costs of relocating such property (or replacement thereof) to a site
acceptable to the Secretary and all costs of restoring such property (or
replacement thereof) to the level of safety, utility, efficiency, and cost of
operation existing before the unapproved change in the airport or its
facilities.
30. Civil Rights. It will comply with such rules as are promulgated to assure that no person
shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded
from participating in any activity conducted with or benefiting from funds received from this
grant. This assurance obligates the sponsor for the period during which Federal financial
assistance is extended to the program, except where Federal financial assistance is to
provide, or is in the form of personal property or real property or interest therein or structures
or improvements thereon in which case the assurance obligates the sponsor or any transferee
for the longer of the following periods: (a) the period during which the property is used for a
purpose for which Federal financial assistance is extended, or for another purpose involving
the provision of similar services or benefits, or (b) the period during which the sponsor
retains ownership or possession of the property.
31. Disposal of Land.
a. For land purchased under a grant for airport noise compatibility purposes,
it will dispose of the land, when the land is no longer• needed for• such
purposes, at fair market value, at the earliest practicable time. That portion
of the proceeds of such disposition which is proportionate to the United
States' share of acquisition of such land will, at the discretion of the
Secretary, (1) be paid to the Secretary for deposit in the Trust Fund, or
(2) be reinvested in an approved noise compatibility project as prescribed
by the Secretary, including the purchase of nonresidential buildings or
property in the vicinity of residential buildings or property previously
purchased by the airport as part of a noise compatibility program.
b. For land purchased under a grant for airport development purposes (other
than noise compatibility), it will, when the land is no longer needed for
airport purposes, dispose of such land at fair market value or make
available to the Secretary an amount equal to the United States'
proportionate share of the fair market value of the land. That portion of
the proceeds of such disposition which is proportionate to the United
States' share of the cost of acquisition of such land will, (1) upon
application to the Secretary, be reinvested in another eligible airport
improvement project or projects approved by the Secretary at that airport
or within the national airport system, or (2) be paid to the Secretary for
deposit in the Trust Fund if no eligible project exists.
Airport Assurances (3/2005)
c. Land shall be considered to be needed for airport purposes under this
assurance if (1) it may be needed for aeronautical purposes (including
runway protection zones) or serve as noise buffer land, and (2) the revenue
from interim uses of such land contributes to the financial self:sufficiency
of the airport. Further, land purchased with a grant received by an airport
operator or owner before December 31, 1987, will be considered to be
needed for airport proposes if the Secretary or Federal agency making such
grant before December 31, 1987, was notified by the operator or owner of
the uses of such land, did not object to such use, and the land continues to
be used for that purpose, such use having commenced no later than
December 15, 1989.
d. Disposition of such land under (a) (b) or (c) will be subject to the retention
or reservation of any interest or right therein necessary to ensure that such
land will only be used for purposes which are compatible with noise levels
associated with operation of the airport.
32. Engineering and Design Services. It will award each contract, or sub -contract for program
management, construction management, planning studies, feasibility studies, architectural
services, preliminary engineering, design, engineering, surveying, mapping or related
services with respect to the project in the same manner as a contract for architectural and
engineering services is negotiated under Title IX of the Federal Property and Administrative
Services Act of 1949 or an equivalent qualifications -based requirement prescribed for or by
the sponsor of the airport.
33. Foreign Market Restrictions. It will not allow funds provided under this grant to be used to
fund any project which uses any product or service of a foreign country during the period in
which such foreign country is listed by the United States Trade Representative as denying
fair and equitable market opportunities for products and suppliers of the United States in
procurement and construction.
34. Policies, Standards, and Specifications. It will carry out the project in accordance with
policies, standards, and specifications approved by the Secretary including but not limited to
the advisory circulars listed in the Current FAA Advisory Circulars for AIP projects, dated
and included in this grant, and in accordance with applicable state policies, standards,
and specifications approved by the Secretary.
35. Relocation and Real Property Acquisition. (1) It will be guided in acquiring real property,
to the greatest extent practicable under State law, by the land acquisition policies in Subpart
B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as
specified in Subpart B. (2) It will provide a relocation assistance program offering the
services described in Subpart C and fair and reasonable relocation payments and assistance
to displaced persons as required in Subpart D and E of 49 CFR Part 24. (3) It will make
available within a reasonable period of time prior to displacement, comparable replacement
dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24.
36. Access By Intercity Buses. The airport owner or operator will permit, to the maximum
extent practicable, intercity buses or other modes of transportation to have access to the
airport, however, it has no obligation to fund special facilities for intercity buses or for other
modes of transportation.
37. Disadvantaged Business Enterprises. The recipient shall not discriminate on the basis of
race, color, national origin or sex in the award and performance of any DOT -assisted
contract or in the administration of its DBE program or the requirements of 49 CFR Part 26.
The Recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure
Airport Assurances (3/2005)
14
non discrimination in the award and administration of DOT -assisted con racts. The
recipient's DBE program, as required by 49 CFR Part 26, and as approved by DOT, is
incorporated by reference in this agreement. Implementation of this program is a legal
obligation and failure to carry out its terms shall be treated as a violation of this agreement.
Upon notification to the recipient of its failure to carry out its approved program, the
Department may impose sanctions as provided for under Part 26 and may, in appropriate
cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil
Remedies Act of 1986 (31 U.S.C. 3801).
38. Hangar Construction. If the airport owner or operator and a person who owns an aircraft
agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owner's
expense, the airport owner or operator will grant to the aircraft owner for the hangar a long
term lease that is subject to such terms and conditions on the hangar as the airport owner or
operator may impose.
39. Competitive Access.
a. If the airport owner or operator of a medium or large hub airport (as
defined in section 47102 of title 49, U.S.C.) has been unable to
accommodate one or more requests by an air carrier for access to gates or
other facilities at that airport in order to allow the air carrier to provide
service to the airport or to expand service at the airport, the airport owner
or operator shall transmit a report to the Secretary that-
1. Describes the requests;
2. Provides an explanation as to why the requests could not be
accommodated; and
3. Provides a time frame within which, if any, the airport will be able
to accommodate the requests.
b. Such report shall be due on either February 1 or August 1 of each year if
the airport has been unable to accommodate the requests) in the six month
period prior to the applicable due date
Airport Assurances (3/2005)
FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects
June 2, 2010
CURRENT FAA ADVISORY CIRCULARS REQUIRED FOR USE IN AIP
FUNDED AND PFC APPROVED PROJECTS
Dated : 6/2/2010
View the most current versions of these ACs and any associated changes at:
http://www.faa.gov/airports/resources/advisory circulars
NUMBER
TITLE
70/7460-1 K
Obstruction Marking and Lighting
150/5000-13A
Announcement of Availability—RTCA Inc., Document RTCA-221, Guidance
and Recommended Requirements for Airports Surface Movement Sensors
150/5020-1
Noise Control and Compatibility Planning for Airports
150/5070-613
Chan e 1
Airport Master Plans
150/5070-7
The Airport System Planning Process
150/5200-28D
Notices to Airmen (NOTAMS) for Airport Operators
150/5200-30C
Airport Winter Safety and Operations
150/5200-33B
Hazardous Wildlife Attractants On or Near Airports
150/5210-51D
Painting, Marking and Lighting of Vehicles Used on an Airport
150/5210-71D
Aircraft Fire and Rescue Communications
150/5210-136
Water Rescue Plans, Facilities, and Equipment
150/5210-1413
Aircraft Rescue Fire Fighting Equipment, Tools, and Clothing
150/5210-15A
Airport Rescue & Firefighting Station Building Design
150/5210-18A
Systems for Interactive Training of Airport Personnel
150/5210-19A
Driver's Enhanced Vision System (DEVS)
150/522046
Water Supply Systems for Aircraft Fire and Rescue Protection
150/5220-136
Runway Surface Condition Sensor Specification Guide
150/5220-16C
Automated Weather Observing Systems for Non -Federal Applications
II
FAA Advisory Circulars Required for Use in,AIP iFunded and PFC Approved Projects
June 2, 2010
NUMBER
TITLE
150/5220-17A
Design Standards for an Aircraft Rescue Firefighting Training Facility
and Change 1
150/5220-18A
Buildings for Storage and Maintenance of Airport Snow and Ice Control
Equipment and Materials
150/5220-20
Airport Snow and Ice Control Equipment
and Change 1
150/5220-21 B
Guide Specification for Lifts Used to Board Airline Passengers With Mobility
Impairments
150/5220-22A
Engineered Materials Arresting System (EMAS) for Aircraft Overruns
150/5220-23
Frangible Connections
150/5220-24
Foreign Object Debris Detection Equipment
150/5300A 3
and
Airport Design
Changes 1 —15
150/5300A 4B
Design of Aircraft Deicing Facilities
150/5300A 6A
General Guidance and Specifications for Aeronautical Surveys:
Establishment of Geodetic Control and Submission to the National Geodetic
Survey
150/5300-17B
General Guidance and Specifications for Aeronautical Survey Airport Imagery
Acquisition
150/5300-18B
General Guidance and Specifications for Submission of Aeronautical Surveys
to NGS: Field Data Collection and Geographic Information System (GIS)
Standards
150/5320-5C
Surface Drainage Design
and
Chan e 1
150/5320-6 E
Airport Pavement Design and Evaluation
150/5320A 2C
and Changes 1
Measurement, Construction, and Maintenance of Skid Resistant Airport
through 8
Pavement Surfaces
150/5320A4
Airport Landscaping for Noise Control Purposes
2
FAA Advisory Circulars Required for Use in,AIP.:Funded and PFC Approved Projects
June 2, 2010
NUMBER. 11
TITLE
150/5320-15A
Management of Airport Industrial Waste
150/532548
Runway Length Requirements for Airport Design
150/5335-5A
Standardized Method of Reporting Airport Pavement Strength PCN
150/5340-1 J
and
Change 2
Standards for Airport Markings (Change 1 &2)
150/5340-5C
Segmented Circle Airport Marker System
150/5340-18E
Standards for Airport Sign Systems
150/5340-30D
Design and Installation Details for Airport Visual Aids
150/5345-3F
Specification for L821 Panels for the Control of Airport Lighting
150/5345-513
Circuit Selector Switch
1505345-7E
Specification for L824 Underground Electrical Cable for Airport Lighting Circuits
150/5345-10F
Specification for Constant Current Regulators Regulator Monitors
150/5345-12E
Specification for Airport and Heliport Beacon
150/5345-13B
Specification for L841 Auxiliary Relay Cabinet Assembly for Pilot Control of
Airport Lighting Circuits
150/5345-26D
Specification for L823 Plug and Receptacle, Cable Connectors
150/5345-27D
Specification for Wind Cone Assemblies
150/5345-28F
Precision Approach Path Indicator (PAPI) Systems
150/5345-39C
FAA Specification L853, Runway and Taxiway Retroreflective Markers
150/534542F
Specification for Airport Light Bases, Transformer Housings, Junction Boxes
and Accessories
150/5345-43F
Specification for Obstruction Lighting Equipment
150/5345441-1
Specification for Taxiway and Runway Signs
150/534545C
Low -Impact Resistant (LIR) Structures
3
FAA Advisory Circulars Required for Use in, AIPSFunded and PFC Approved Projects
June 2, 2010
N%UMBER
TITLEIle le
150/534546D
Specification for Runway and Taxiway Light Fixtures
150/534547B
Specifications for Series to Series Isolation Transformers for Airport Lighting
System
150/534549C
Specification L854, Radio Control Equipment
150/5345-5013
Specification for Portable Runway and Taxiway Lights
150/5345-51A
Specification for Discharge -Type Flasher Equipment
150/5345-52A
Generic Visual Glideslope Indicators (GVGI)
150/5345-53C
Airport Lighting Equipment Certification Program
150/5345-548
Specification for L-1884, Power and Control Unit for Land and Hold Short
150/5345-55A
Specification for L893, Lighted Visual Aid to Indicate Temporary Runway
Closure
150/5345-56A
Specification for L-890 Airport Lighting Control and Monitoring System
ALCMS
150/5360-9
Planning and Design of Airport Terminal Facilities at NonHub Locations
150/5360-12E
Airport Signing and Graphics
150/5360-13
and Change 1
Planning and Design Guidance for Airport Terminal Facilities
150/5370-2E
Operational Safety on Airports During Construction
150/5370-10E
Standards for Specifying Construction of Airports
150/5370-11A
Use of Nondestructive Testing Devices in the Evaluation of Airport Pavement
150/5380-6B
Guidelines and Procedures for Maintenance of Airport Pavements
150/5390-213
Heliport Design
150/5390-3
Vertiport Design
150/5395-1
Seaplane Bases
0
FAA Advisory Circulars Required for Use in, AIP,,Funded and PFC Approved Projects
June 2, 2010
THE FOLLOWING ADDITIONAL APPLY TO AIP PROJECTS ONLY
DATED: 6/2/2010
150/5100-14D Architectural, Engineering, and Planning Consultant Services for Airport Grant
Projects
150/5100-15A � Civil Rights Requirements for the Airport Improvement Program
150/5100-17
and Changes 1 1 Land Acquisition and Relocation Assistance for Airport Improvement Program
throuqh 6 1 Assisted Projects
150/5200-37 � Introduction to Safety Management Systems (SMS) for Airport Operators
150/5300-15A � Use of Value Engineering for Engineering Design of Airports Grant Projects
150/5320-17 � Airfield Pavement Surface Evaluation and Rating (PASER) Manuals
150/5370-6D I Construction Progress and Inspection Report —Airport Grant Program
Chanqe 1-4
150/5370-12A � Quality Control of Construction for Airport Grant Projects
150/5370-13A � Offpeak Construction of Airport Pavements Using Hot -Mix Asphalt
150/5380-7A I Airport Pavement Management Program
150/5380-8A I Handbook for Identification of Alkali -Silica Reactivity in Airfield Pavements
THE FOLLOWING ADDITIONAL APPLY TO PFC PROJECTS ONLY
DATED: 6/2/2010
Announcement of Availability —Passenger Facility Charge (PFC) Application
150/5000-12 (FAA Form 5500-1)
5
M&C Review
Page 1 of 2
COUNCIL ACTION: Approved on 3/9/2010 -Ord. No. 19076-03-2010
DATE: 3/9/2010 REFERENCE NO.: G-16868 LOG NAME: 55AFW RNWY EXT
GNT 2010
CODE: G TYPE: NON -CONSENT PUBLIC NO
HEARING:
SUBJECT: Approve and Accept, if Awarded, a Grant from the Federal Aviation Administration in an
Amount Up to $20,000,000.00 for the Alliance Runway Extension Project at Fort Worth
Alliance Airport and Adopt Appropriation Ordinance (COUNCIL DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to apply for and accept, if awarded, a grant from the Federal Aviation
Administration in an amount up to $20,000,000.00 for the runway extension project at Fort Worth Alliance
Airport;
2. Authorize the use of land credits in an amount up to $1,052,631.58 for the City's in -kind local match of
five percent of the project cost; and
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Airports Grant Fund by $21,052,631.58, subject to receipt of the grant.
DISCUSSION:
The Alliance Runway Extension Project is a multi -phase project that will be completed based on the
availability of federal funds. Several phases have already been awarded and are in various stages of
completion. Each year the City receives discretionary Federal Aviation Administration (FAA) funding for the
runway extension. The FAA has advised the City to expect up to $20,000,000.00 in discretionary funds and
has asked that a project application be submitted.
This will be the 11th Runway Extension grant received. Grants 1 through 10 have funded environmental
assessments, land acquisitions, two earth work packages and design and construction of Farm to Market
Road 156.
Fort Worth Alliance Airport is located in COUNCIL DISTRICT 2.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above recommendations,
receipt of the grant and adoption of the attached appropriation ordinance, funds will be available in the
current capital budget, as appropriated, of the Airports Grant Fund.
TO Fund/Account/Centers
GR14 488189 055218451000
GR14 541110 055218451990
GR14 451856 055218451000
GR14 5
(VARIOUS) 055218451010
$1,052,631.58
$1,052, 631.58
$20.000,000.00
�, � ��� ��t ��
FROM Fund/Account/Centers
http://apps.cfwnet.org/council�acket/mc review.asp?ID=13193&councildate=3/9/2010 7/19/2010
M&C Review
Page 2 of 2
Submitted for City Manager's Office bv:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
55AFW RNWY EXT GNT 2010 AO.doc
Fernando Costa (6122)
Kent Penney (5403)
Ruseena Johnson (5407)
http://apps.cfwnet.org/council�acket/mc review.asp?ID=13193&councildate=3/9/2010
7/19/2010
DATE
TO:
FROM:
SUBJECT:
Inter Office Correspondence
January 28, 2014
The below listed pro
Extension Project. in
for a matter of record.
Rattikin Title
John Day RVC
v
ants
ige Easement,
°olicy.
once Airport Runway
ML irded to your office
10-01230 (P9)
If you should have any questions or need further information regarding this matter please
call me at ext. 2311. Thank you for your time.
Cc: James Burris, Department of Aviation
M�zC Review
Page 1 of 2
Official site of the City of Fort Worth, Texas
FORT �'4'ORTI�
COUNCIL ACTION: Approved on 3/8/2011
DATE: 3/8/2011 REFERENCE **L-15152 LOG NAME: 20ROWEALLIANCETCU
NO..
CODE: L TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize the Acquisition of a Fee Simple Interest in a Total of 0.204 Acres of Land for
Right -of --Way Easement Interests in a Total of 1.35 Acres for Drainage and a Temporary
Easement Interest in 0.221 Acres for Construction Located on John Day Road in the
Crockett Perry Survey, Abstract 1031, the Greenberry Overton Survey, Abstract 972 from
Texas Christian University for a Total of $45,998.00, and Pay the Estimated Closing Costs
Up to $3,000.00 for the Alliance Airport Runway Extension Project (COUNCIL DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the acquisition of a fee simple interest in a total of 0.204 acres of land for right -of --way
easement interests in a total of 1.35 acres for drainage and a temporary easement interest in 0.221
acres for construction located on John Day Road in the Crockett Perry Survey, Abstract 1031 and the
Greenberry Overton Survey, Abstract 972 from Texas Christian University for the Alliance Airport
Runway Extension Project;
2. Find that the total price of $45,998.00 is just compensation for the acquisitions; and
3. Authorize the City Manager or his designee to accept the conveyance, record the appropriate
instruments and pay the estimated closing costs up to $3,000.00.
DISCUSSION:
On March 9, 2010 City Council approved the acceptance of a grant from the Federal Aviation
Administration (M&C G-16868). The acquisition of this land for right -of --way is required in connection
with the Alliance Capital Improvement Plan and in accordance with the Federal Aviation Regulations
(FAR) 49 CFR Part 24 for the Alliance Airport Runway Extension Project. The City of Fort Worth is
extending both runways and parallel Taxiway A at Alliance Airport. This project requires the relocation
of the BNSF Main Line Track and Connector Track. John Day Road, a major arterial roadway, must
also be relocated to accommodate the relocation of these tracks.
An independent appraisal was performed by a licensed appraiser to determine just compensation and
independently reviewed as required by FAA land acquisition guidelines. The deed will contain a
surface waiver for the exploration of the mineral estate. The City and Texas Christian University (TCU)
have agreed to the purchase price.
Upon Council approval, staff will proceed with acquiring the fee -simple, drainage and temporary
easement interests in the property except for the mineral estate. The City will pay closing costs up to
$3,000.00.
http://apps.cfwnet.org/council�acket/mc review.asp?ID=14845&councildate=3/8/2011 12/4/2013
I��I�:,C Review
Page 2 of 2
Parcel
Legal
Description
Acreage/Type
Amount
Crockett Perry Survey,
0.204 Acres Right -of -Way, 1.350
9
Abstract 1031
Acres Drainage and 0.221
$45,998.00
and Greenberry Overton
Temporary Construction
Survey, Abstract 972
Closing Costs
$ 3,000.00
Total
$48,998.00
This property is located in COUNCIL DISTRICT 2, MAPSCO 33P
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current capital
budget, as appropriated, of the Airport Grants Fund.
TO Fund/Account/Centers
Submitted for City Manager's Office by_
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
Alliance TCU Location Map.pdf
FROM Fund/Account/Centers
GR14 541100 055218451400 $48,998.00
Fernando Costa (6122)
Greg Simmons (7801)
Kent Penney (5403)
Laura B. Chavez (2311)
http://apps.cfwnet.org/council�acket/mc review.asp?ID=14845&councildate=3/8/2011 12/4/2013
r z Pf ..
+f E
etl I,
f l 0
IV
T
111111111111111111111111111111111111
Recorded On: March 15, 2011
Denton County
Cynthia Mitchell
County Clerk
Denton, Tx 76202
Instrument Number: 2011-23819
Parties: TEXAS CHRISTIAN UNIVERSITY
m
Comment:
Warranty Deed
Total Recording:
51.00
51.00
As
Warranty Deed
( Parties listed above are for Clerks reference c .., /
** Examined and Charged as Follows: **
rs w G xto
r
,
Ies: 11
es: 11
************ DO NOT REMOVE. THIS PAGE IS PART OF THE INSTRUMENT ************
Any provision herein
which restricts the
Sale,
Rental or use of the
described REAL PROPERTY
because
of color or race is
invalid
and unenforceable
under federal law.
File Information:
Document Number: 2011-23819
Receipt Number: 772777
Recorded Date/Time: March 15, 2011 10:32:18A
User / Station: S Parr - Cash Station 3
Record and Return To:
CITY OF FORT WORTH
900 MONROE ST
STE 400
FORT WORTH TX 76102
THE STATE OF TEXAS }
COUNTY OF DENTON }
I hereby certify that thls Instrument was FILED In the File Number sequence on the date/time
printed heron, and was duly RECORDED in the Official Records of Denton County, Texas,
County Clerk
Denton County, Texas
Rattiki Up Co y
GF* c1 Q ) (pq)
�52a=
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU AREA NATURAL PERSON, YOU MAY REMOVE OR
STRIKE ANY OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN
INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR
SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER,
GENERAL WARRANTY DEED
Date: January 31, 2011
Grantor: Texas Christian University, anon -profit Texas corporation
Grantor's Mailing Address:
Grantee:
Texas Christian University
P.O. Box 297041
Fort Worth, Texas 76129
Tarrant County, Texas
City of Fort Worth
Grantee's Mailing Address:
City of Fort Worth
1000 Throckmorton
Fort Worth, Texas 76102
Tarrant County, Texas
Consideration: Ten Dollars ($10.00) and other good and valuable consideration the receipt
and sufficiency of which are acknowledged by Grantor.
Property (including all improvements): See the attached Exhibit "A" and Exhibit "B"
Reservations from Conveyance: Grantor reserves to itself, its successors, and assigns forever,
all oil, gas, and other minerals in and under and that maybe produced from the Property without
any right whatsoever remaining to the Grantor, its successors, assigns, and lessees of ingress and
egress to or from the surface of the Property to explore, drill, mine, or produce oil, gas, and
other minerals. If the mineral estate is subject to existing production or an existing lease, this
reservation includes the production, the lease and all benefits from it.
Exceptions to Conveyance and Warranty: Validly existing easements, rights -of --way, and
prescriptive rights, whether of record or not; all presently recorded and validly existing
instruments, other than conveyances or the surface fee estate, that affect the Property; and taxes
after the date of closing, which Grantee assumes and agrees to pay, and subsequent assessments
for that and prior years due to change in land usage, ownership, or both, the payment of which
Grantee assumes.
Grantor, for the consideration and subject to the Reservations from Conveyance and the
Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property,
together will all singular the rights and appurtenances thereto in any way belonging to it, to have
and to hold it to Grantee and Grantee's successors and assigns forever. Grantor binds Grantor
and Grantor's successors, and assigns to warrant and forever defend all and singular the
Property to Grantee and Grantee's successors and assigns against every person, whomsoever
lawfully claiming or to claim the same or any part thereof, except as to the Reservations from
Conveyance and the Exceptions to Conveyance and Warranty.
When the context requires, singular nouns and pronouns include the plural.
APPROVED AS TO FORM AND LEGALITY
Theodore P. Gorski, Jr.
Assistant City Attorney
TEXAS CHRISTIAN
NON -PRO
By:
UNIVERSITY, A
CORPORATION
Administration
CITY OF FORT WORTH
By:
Fernando Costa
Assistant City Manager
rnd
2
STATE OF TEXAS §
COUNTY OF &r-j�iYl�� §
BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on
this day personally appeared Brian Gutierrez, known to me to be the person whose name is
subscribed to the foregoing instrument, and who, after being duly sworn, upon oath deposed and
said that he signed the above and foregoing document, that before signing same, he read and
fully understood the contents and the effect thereof, and that he executed the same for the
purposes and consideration therein expressed and in the capacities therein stated.
SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, under my
hand and seal of office this (� of F elo r(� y , 2011.
TERRY HANEY /y� n / I
NOTARY IEOF
COMMISSION WINES* ' kNut RC�"
-1 2-201
Notary blic, State of Mexas
STATE OF TEXAS §
COUNTY OF r'rL�c/7 f §
BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on
this day personally appeared Fernando Costa, Assistant City Manager for the City of Fort
Worth, 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 of the City of Fort Worth for the
purpose and consideration therein expressed and in the capacity therein stated.
SUBSCRIBED AND SWORN T BEFORE ME, the undersigned authority, under my
hand and seal of office this
��
�ti1n =: EVONIA DANIELS
*' = MY COMMISSION EXPIRES
+yp July1%2013
ill
AFTER RECORDING RETURN TO:
City of Fort Worth
Real Property Management
900 Monroe Street
Suite 400
Fort Worth, Texas 76102
Notary Public, State of Texas
3
, OFwWAY ACQUISMON
f' ,ABSTRACT NO 1031
ATY fiWORTH
)ENTON COUNTY, TEXAS
EXHfII��T uAse
Part One
Being a 0.129 acre tract of land situated in the Crockett Perry Survey, Abstract No. 1031, City of
Fort Worth, Denton County, Texas, and being a portion of a tract of deeded to Texas Christian
University as recorded in Volume 1122, Page 638 of the Deed Records of Denton County, Texas,
said 0.129 acre tract of land being more particularly described by metes and bounds as follows:
�EGiNN)<NG at aS/8 inch iron rod with cap stamped "GORRONDONA" set for comer in the
proposed southwest right -of --way line of John Day Road and in a southwest line of an 87.7627
acre tract of land (by deed) deeded to The Burlington Northern and Santa Fe Railway Company
as recorded in County Clerk's File No. 00-R0061774 of said Deed Records of Denton County,
Texas, said 5/8 inch iron rod with cap stamped "GORRONDONA" being the beginning of a non -
tangent curve to the left having a radius of 926.00 feet, a central angle of 13 degrees 03 minutes
07 seconds and whose chord bears North 60 degrees 14 minutes 28 seconds West, a chord
distance of 210.49 feet;
TI3ENCE with said non -tangent curve to the left and with the proposed southwest right -of --way
line of said John Day Road, an are length of 2100.94 feet to a 5/8 inch iron rod with
cap stamped "GORRONDONA" set for corner;
T:I
ENCE North 57 degrees 29 minutes 20 seconds West, with the proposed southwest right-of-
way line of said John Day Road, a distance of 30.40 feet to a 5/8 inch iron rod with
cap stamped "GORRONDONA" set for comer in the existing southwest right-o%way
line of John Day Road (an undedicated right-of-way);
THENCE North 23 degrees 13 minutes 58 seconds East, with the proposed northwest right -of
way Iine of said John Day Road, a distance of 15.87 feet to a survey nail with washer
stamped "GORRONDONA" set for comer in the approximate centerline of said John
Day Road and in the northeast line of said tract of Iand deeded to Texas Christian
University, said survey nail with washer stamped "GORRONDONA" being in the
southwest line of an 881.5162 acre tract of land (by deed) deeded to The M. T. Cole
Family Partnership No 2, LP as recorded in County Clerk's File No. 2009402750 of
said Deed Records of Denton County, Texas;
TE�tCE South 66 degrees 40 minutes 48 seconds has with the northeast line of said tract of
land deeded to Texas Christian University, with the southwest line of said 881.5162
acre tract of land and with the approximate centerline of said John Day Road, a
distance of 215.13 feet to a survey nail with washer stamped "G®RRQNDONA" set
for the most northerly and westerly northwest corner of said 87.7627 acre tract of
land;
T��NCE South 22 degrees 53 rninutes 26 seconds West, with a northwest line of said 87.7627
acre tract of land, a distance of MOO feet to a 1/2 inch iron rod found for the most
southerly and westerly northwest comer of said 87.7627 acre tract of Sand, said 1/2
inch iron rod being in the existing southwest right-of-way line of said John Day Road;
T)i3EI®1GE South 35 degrees 39 minutes 21 seconds East, with a southwest line of said 87.7f27
acre tract of land, a distance of 27.81 feet to the POINT OF BEGINNING, and
containing .5,622 square feet or 0.129 acres of land, of which 3,518 square feet lies
within the existing right"of--way of John Day Road, leaving a net area of 2,104 square
feet or 0.048 acres of land, more or less.
Page 2 of 4
fart Ttv4
being a 0.003 acre tract of land situated in the GreenbmTy Overton Survey, Abstract No. 972,
City of Fort Worth, Denton County, Texas, and being a portion of a tract of deeded to Texas
Christian University as recorded in Volume 1122, Page 638 of the Deed. Records of Denton
County, Texas, said 0.003 acre tract of land being more particularly described by metes and
bounds as follows.
ItGI�iNl`N� at a 518 inch iron rod with aap stamped "GORRONDONA" set for corner in a southwest
line of an 87.7627 acre tract of land (by deed) deeded to The Burlington Northern and Santa. Fe
Railway Company as recorded in County Clerk's File No. 00-R0061774 of said Deed Records of
Denton County, Texas, said 518 inch iron rod with cap stamped "GORRONDONA" being in the
proposed west right-of-way line of John Day Road, from which a 1/2 inch iron rod found for the most
southerly and westerly northwest corner of said 87.7627 acre tract of land bears North 35 degrees 39
minutes 21 seconds West, a distance of 601.93 feet;
'T l�iCl✓ South 35 degrees 39 minutes 21 seconds East, wish s southwest line of s<3id 87.7627 acre tract
of land, a distance of 22.18 feet to a 1/2 inch iron rod found for corner;
T10[�;h10E South 05 degrees 11 minutes 04 seconds 'West, with a west line of said 87.7627 acre tract of
land, a distance of 1993 feet to a 5/8 inch iron rod with cap stamped `tGORRONDONA" set
for comer in the proposed west right -of way line of said John Day Road, said 5/8 inch iron
rod with cap stamped "GORRONDONA" being the beginning of a non tangent curve to the
left having a radius of 926,00 feet, a central angle of 02 degrees 26 minutes 34 seconds and
whose chord bears North 16 degrees 22 minutes 30 seconds West, a chord distance of 39.49
feet
Tl3ENCE with said non -tangent curve to the left and with the proposed west right -of way line of said
Jahn Day Road, an arc length of 39.48 feet to the P®IN 1' O i3E liNNI IGI and containing
139 square feet or 0.003 acres of land, more or less.
Page 3 of 4
Part Three
Being a 0.153 acre tract of land situated in the Gnreenberry Overton Survey, Abstract No. 972,
City of Fort Worth, Denton County, Texas, and being a portion of a tract of deeded to Texas
Christian University as recorded in Volume 1122, Page 638 of the Deed Records of Denton
County, Texas, said 0.153 acre tract of land being more particularly described by metes and
bounds as follows:
C(3I�l�ENCING at a 112 inch iron rod found for the most southerly and westerly northwest corner of
an 87.7627 acre tract of land (by deed) deeded to The Burlington Northern and Santa Fe Railway
Company as recorded in County Clerk's File No. 00-•R0061774 of said Deed Records of Denton
County, Texas; THENCE South 35 degrees 39 minutes 21 seconds East, with the west line of
said 87.7627 acre tract of land, a distance of 624.12 feet to a 1/2 inch iron rod found for comer;
THENCE South 05 degrees 11 minutes 04 seconds West, with the west line of said 87.7627 acre
tract of land, a distance of 746.39 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" set
for the POINT OF BEGINNING, said 5/8 inch iron rod with cap stamped "GORRONDONA" being in
the proposed west right -of way line of John Day Road;
T I�CF, South 05 degrees 11 minutes 04 seconds West, with the west line of said 87.7627 acre
tract of land, a distance of 232.04 feet to a 1/2 inch iron rod found for comer;
THENCE South 34 degrees 4G minutes 54 seconds West, with the west line of said 87.7ti27 sere tract of
land, a distance of 232.54 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA"
set for corner in the proposed west right-o&way line of said John. Day Road, said 5/8 inch
iron rod with cap stamped "GORRONDONA" being the beginning of a non -tangent curve to
the left having a radius of 1145.00 feet, a central angle of 22 degrees 37 minutes 24 seconds
and whose chord bears North 19 degrees 59 minutes 57 seconds East, a chord distance of
449.17 feet;
ICE with said non -tangent curve to the left and with the proposed west right -of --way line of said
Jahn Day Road, an arc length of 452.I and
containing 6,652 square feet or 0.153 acres of land, more or less.
•Mid
(1} A plat of even. survey date herewith accompanies this legal deserip#ion.
{2) All bearings are referenced to the project control for the Alliance Runway
Extension Phase 1I1. All bearings and distances are surface. Surface factor for this
project = 1.000159672.
Revised August 30, 2010 ,...IF
FFIFFIF
IF
-F,
Richard Kennet
Texas No. 5527
Page 4 of 4
NOTES:
(1) A LEGAL OE:SCRIPTION OF EVEN SURVEI' DATE
HER£Wn ACCOMPANIES THIS PLAT.
(2) BEARINGS ARE REFERENCED TO THE PRDJECT
CONTROL FOR THE ALLIANCE RUNWAY EXTENSION
PHASE Ill, BEARINGS AND DISTANCES SHOWN ARE
SURFACE, SURFACE FACTOR FOR THIS PROJECT
1.000159672.
•�r RR
�.
SURVEY
3STRACT NO,103-1
SET 5/8
� 881.ST82 AGRE5 (BY DEED)
210 9{ THE M. T. COTE FMIILY
PARTNERSHIP NO 21 LP
C.C.F. NO 2009-102750
'y/v p. D.R4o4C.T.
DETAIL "A" "�. `� �(�)tvo � Y/1 non 'oGt�i �Qp
1: on,
S 7 SURVEY NAIL
W/WASHER EXISTING—)
'GORRONDONA" RIGHT—OF—WAY
SET SURVEY NAIL
11
41
W/WASHER
own
"OORRONDONA'
4
RIGHT—OF—WAY FND 1 j2"IR � L
P.Q.B.
SET 5/8'IR W/CAP
'GORRONOONA"
WHOLE PRdPERIY AND
LOCATIQN MAP
RIGHT—QF—WAY
SEE DETAIL A"
v' svm�r uHe
a
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1 THROCRMORTON STREET • FORT , TEXAS 76102
ALLIANCE AIRPORT R UNWA �'" ;
EXTENSION PHASE,, VIII E=
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it 5u
GORRONDONA 1st ASSOCIATES, SNC. • 5707 BR£NTWOOD STAIR ROAD, SURE 50 FOR7
��TEXAS NQ,
TX, 76112 • 817-485-1
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FAX 817—{9fi-1768
NOTES:
(1} A LEGAL DESCRIPTION OF EVEN SURVEY DATE
HEREWITH ACCOMPANIES THIS PLAT,
(2) CWML FOR THE ALU+NCE RUNWAYEXTENSION
PHASE Ill, BEARINGS AND DISTANCES SHOWN ARE
SURFACE. SURFACE FACTOR FOR THIS PROJECT
1.000159672.
EXHIBIT B"
CROCKETT PERRY
SURVEY
ABSTRACT NO. 1031
CURVE
TABLE
CURVE
_
RADIUS
DELTA
CHORD EIMING
CHORD
ARC
C 2
9260001
02*26r34r
I N
16422
30
39,48v
1 39.48
LINE TABLE
UNE
13EARWC
115T 1
L-8
S 3539 21
21184
L-7
S D51 i 04
19,93
DETAlL `9"
SET 5/8'9i
WHdLE PROPERTY AND
LOCATION MAP
881.5302 ACRES (BY DEED}
THE M. T. COLS FAMILY
`,, PARTNERSHIP NO 2, LP
C.C.F. NO 2009- 102750
t`r7U/H,jO�� fT ��`
op a qD� Q.qo .
EXISTING �f
RIGHT-OF-WAY
SET S/8`IR
W/CAP
'GORRONDONA'
FND 1/21R
- L-7
ONG
IHASLE7
11
VICINITY MAP
N.T.S.
FND 1/2"IR
�
SURVEY LINE ,
FND 1/21R
1 >
TDCAS CHRISTIAAi UNNERSITY
VOLUIdE t122, PACE 636
D.R.D.C.T.
PROPOSED
RIGHT-OF�W
SEE DETA)L `B`
11
PROPOSED
RIGHT-OF-WAY
0
:0
O
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REMISED AUGUrth
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T 3O, 2010
1000 THROCKMORTON STREET . FORT WORTH, TEXAS 7aIO2
ALLIANCE AIRPORT R UNWA Y
E.TENSION PHASE VIII r
PARCEL O. - A
OWNER: TEXAS CHRISTIAN UNIVERSrrY _ r A I � I >_' !E , " 1
SURVEY: GREENSERRY OVERTON SURVEY ABSTRACT NO. 972 _
SURVEY: CROCKS T PERRY SURVEY ABSTRACT NO. 1031
OCATION: CITY OF FORT WORTH DENTON COUNTY TEXAS
PARCEL AREk 139 S .FT. OR 0.003 ACRES
408 NO. 0911-3897 DRAWN BY: RK CADD FILE: ALL IANCERUNWAYEXTPHIiI_EXHISITS ROO.DWG IRICHARD KENIrt �
DATEc JULY 18, 201a PACE 2 OF 3 SCALE: 1500' _ TEXAS NO. 5527
GORRONDONA do ASSOCIATES, INC. • 6707 BRENTW000 STAIR ROAD, SUITE 50 FORT WORTH, TX. 76512 . 817-498-1424 FAX 817-496�f76$
NOTES:
{ i) A LEcu. aESCR{PnON DF EVEN SURVEY DATE
HEREWITH ACCOMPANIES THIS PLAT.
(2) BEARINGS ARE RF�ERENCED TO THE PROJECT
CONTROL FOR THE ALLIANCE RUNWAY EXTENSION
PHASE UL BEARINGS AND DISTANCES SHOWN ARE
SURFACE. SURFACE FACTOR FOR THIS PRMCT
w t.DDO1696726
EXHIBIT "B"
CROCKETT PERRY
SURVEY
ABSTRACT NO. 1031
•:
a%::+s�-'•
.:ram
►
16T
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-�,
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LTJ/Si��
••
-
8 449 17 462 t0 Ei6t.St&2 ACRES THE M. T. COLS FAMILY
PARTNERSHIP NO 21 LP
C.C.F. NO 2009-102750oyN D.R.®.C.T.
044)
EXISTING -._I ~`
RIGHT-OF-WAY
P.O.C.
s
SURVEY LP7E
TEXAS CHRISTIAN UNIVERSITY
VOLUME it22, PAGE 638
D,R,D.C,T.
GREENBERRY OVERTON SURVEY
ABSTRACT N0. 972
RIGHT-OF-WAY
WHOLE PROPERTY AND
LOCATION MAP
VICINITY
JDNN DAY
ON ;BIRD
PROJECT
� ,ym
Y WESTPORT
PAW:WAY
HASLET
MAP
N.T.S.
fi
PROPOSED
RIGHT-OF-WAY
n
1/2"IR O
Zb
4
REVISED AUGUST
1000 7HROCKtdOTtTON STR£Ef • FOITT WORTH, TEXAS 7E102
ALLIANCE AIRPORT R SIN WA ;
EXTENSION PHASE VIII
OWNER: TEXAS CHRI5TLAN UNIVERSITY
SURVEY: GREENBERRY OVERTON SURVEY ABSTRACT N0, 972
SURVEY: CROCKETT PERRY SURVEY ABSTRACT NO. 1031 �
LOCATION: CITY OF FORT WORTH. DENTON COUNTY. TEXAS. 11
E: JUIY 101 2010 PAG£ S OF 3 SCALE: t' � 500'
GORRONt)ONA At ASSOGIAT£5r INC. • 6707 BRENTwgOD STAIR ROAD, SUITE 50 FOR7 WORTH. TX. 76112 • 8t7-�96�1424 FAX Bt7-495-1
2010
111111111111111111111111111111111111
Denton County
Cynthia Mitchell
County Clerk
Denton, Tx 76202
Instrument Number: 2011=23821
As
Recorded On: March 15, 2011 Easement
Parties: TEXAS CHRISTIAN UNIVERSITY
Comment:
( Parties listed above are for Clerks reference only )
** Examined and Charged as Follows: **
Easement 91.00
Total Recording: 91.00
ORIGINAL
Number of Pages: 21
************ DO NOT REMOVE. THIS PAGE IS PART OF THE INSTRUMENT ************
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information:
Document Number: 2011-23821
Receipt Number: 772777
Recorded Date/Time: March 15, 2011 10:32:18A
User / Station: S Parr - Cash Station 3
Record and Return To:
CITY OF FORT WORTH
900 MONROE ST
STE 400
FORT WORTH TX 76102
THE STATE OF TEXAS }
COUNTY OF DENTON }
I hereby certify that this Instrument was FILED in the File Number sequence on the date/tlme
printed heron, and was duly RECORDED in the Official Records of Denton County, Texas,
C44
County Clerk
Denton County, Texas
Rattikin Tide Co n
GF# ' D � on'%3c�CPa)-
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE
OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT
TRANSERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE
PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
Date: January 313 2011
Grantor: Texas Christian University, anon -profit Texas corporation
Grantor's Mailing Address:
Grantee:
Texas Christian University
P.O. Box 297041
Fort Worth, Texas 76129
Tarrant County, Texas
City of Fort Worth
Grantee's Mailing Address:
City of Fort Worth
1000 Throckmorton
Fort Worth, Texas 76102
Tarrant County, Texas
Consideration: Ten Dollars ($10.00) and other good and valuable consideration the
receipt and sufficiency of which are acknowledged by Grantor.
Dominant -Estate Property: a tract of land situated in the Greenberry Overton Survey,
Abstract No. 972 and Crocket Perry Survey, Abstract No. 1031, City of Fort Worth,
Denton County, Texas, which was deeded to Texas Christian University as recorded in
Volume 1122, Page 638 of the Deed Records of Denton County, Texas.
Easement Property: See the attached Exhibit "A" and Exhibit "B".
Easement Purpose: For the right and privilege at any time to enter the Easement
Property as necessary to construct, operate, reconstruct, replace, repair, upgrade,
perpetually maintain, and remove drainage facilities with all necessary appurtenances
thereto (collectively, the "Facilities").
Reservations from Conveyance: Grantor reserves to itself, its successors, and assigns
forever, all oil, gas, and other minerals in and under and that may be produced from the
Property without any right whatsoever remaining to the Grantor, its successors, assigns,
and lessees of ingress and egress to or from the surface of the Property to explore, drill,
mine, or produce oil, gas, and other minerals. If the mineral estate is subject to existing
production or an existing lease, this reservation includes the production, the lease and all
benefits from it.
Exceptions to Conveyance and Warranty: Validly existing easements, rights -of --way,
and prescriptive rights, whether of record or not; all presently recorded and validly
existing instruments, other than conveyances or the surface fee estate, that affect the
Property; and taxes after the date of closing, which Grantee assumes and agrees to pay,
and subsequent assessments for that and prior years due to change in land usage,
ownership, or both, the payment of which Grantee assumes.
Grant of Easement: Grantor, for the consideration and subject to the Reservations from
Conveyance and Exceptions to Warranty, grants, sells, and conveys to Grantee and
Grantee's successors and assigns an easement over, on, and across the Easement Property
for the Easement Purpose, together with all and singular the rights and appurtenances
thereto in any way belonging to it (collectively, the "Easement"), to have and to hold the
Easement to Grantee and Grantee's successors and assigns forever. Grantor binds
Grantor and Grantor's successors, assigns to warrant and forever defend the title to the
Easement in Grantee and Grantee's successors and assigns against every person
whomsoever lawfully claiming or to claim the Easement or any part of the Easement,
except as to the Reservations from Conveyance and Exceptions to Warranty.
When the context requires, singular nouns and pronouns include the plural.
TEXAS CHRISTIAN UNIVERSITY,
A NON-PROFIT CORPORATION
By:
Brian Gutierrez
Vice Chancell of Finance and
Administration
2
CITY OF FORT WORTH
By:
APPROVED AS TO FORM AND LEGALITY
Theodore P. Gorski, Jr.
Assistant City Attorney
STATE OF TEXAS §
COUNTY OGl � F §
Fernando Costa
Assistant City Manager
BEFORE ME, the undersigned authority, a notary public in and for the State of
Texas, on this day personally appeared Brian Gutierrez, known to me to be the person
whose name is subscribed to the foregoing instrument, and who, after being duly sworn,
upon oath deposed and said that he signed the above and foregoing document, that before
signing same, he read and fully understood the contents and the effect thereof, and that he
executed the same for the purposes and consideration therein expressed and in the
capacities therein stated.
SUBSCRIBED AND SWORN TO BEFORE_ME, the undersigned authority,
under my hand and seal of office this � � of ��2bf (�lGti�/ , 2011.
TERRY HANEY
NOTARY PUBLIC STATE OF TEXAS
COMMISAION EXPIRES:
1 1-12-201 1
Notary�'ublic, State
Texas
3
STATE OF TEXAS §
COUNTY 0F7,arr617-f� §
BEFORE ME, the undersigned authority, a notary public in and for the State of
Texas, on this day personally appeared Fernando Costa, Assistant City Manager for the
City of Fort Worth, 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 of the
City of Fort Worth for the purpose and consideration therein expressed and in the
capacity therein stated.
SUBSCRIBED AND SWORN TO BEFO ME, the undersigned authority,
under my hand and seal of office this o?o?Wd of , 2011.
e /1
;��"Y PY�= EVONIA DANIELS
MY COMMISSION EXPIRES
':�•
'jif 14 v to July 10, 2013
AFTER RECORDING RETURN TO:
City of Fort Worth
Real Property Management
900 Monroe Street
Suite 400
Fort Worth, Texas 76102
Notary Public, State of Texas
., }go
�ERMANENT
f '
:;REENBERRY OVERTONNO. s
'ROCKETT PERRYABSTRACT
NTY OF f eWORTH
)ENTON COUNTY,
Psri tine
Being a 0.099 acre tract of land situated in the Greenberry Overton Survey, Abstract No. 972,
City of Fort Worth, Denton County, Texas, and being a portion of a tract of land deeded to Texas
Christian University as recorded in Volume 1I22, Page 638 of the Deed Records of Denton
County, Texas, said 0.099 acre tract of land being, more particularly described by metes and
bounds as follows,
EEGI ING at a point in the west line of an 87.7527 acre tract of Land (by deed) deeded to The
Burlington Northern & Santa Fe Railway Company as recorded in County Clerk's File No. 00-
R0061774 of said Deed Records of Denton County, Texas, from which a 5/8 inch iron rod with
cap stamped "GORRONDONA" set for the intersection of the proposed west right -of way line of
John Day Road with the west line of said 87.7627 acre tract of land bears South 00 degrees 32
minutes 50 seconds East, a distance of 218.26 feet;
Ti�ENCE North $I degrees 31 minutes 49 seconds West, a distance of 42.37 feet to a point for
the beginning of a non -tangent my a to the right having a radius of 1315,00 feet, a
central angle of 08 degrees 04 minutes 40 seconds and whose chord bears North 12
degrees 30 minutes 31 seconds East, a chord distance of 185.24 feet;
T T:WNCV with said non -tangent curve to the right, an arc length of i85.39 feet to a point for
corner in the west line of said 87.7527 acre tract of land, from which a 1/2 inch iron
rod found for corner in the west line of said 87.7627 acre tract of land beats North 00
degrees 32 minutes 50 seconds West, a distance of 314.21 feet,
THENCE South 00 degrees 32 minutes 50 seconds East, with the west line of said 87.7527 acre
tract of land, a distance of 187.09 feet to the PAINT ELF 1dEGINNING, and
containing 4,318 square feet or 0.099 acres of land, more or less.
Page 1 of 6
Being a 00Q19 acre tract of land situated in the Greenben-y Overton Survey, Abstract No. 972,
City of Fort Worth, Denton County, Texas, and being a portion of a tract of land deeded to Texas
Christian University as recorded in Volume 1122, Page 638 of the Deed Records of Denton
County, Texas, said 0.019 acre tract of land being more particularly described by metes and
bounds as follows.
l3ECi IIVC at a point in the west line of an 87.7627 acre tract of land (by deed) deeded to Tha
Burlington Northern & Santa Fe Railway Company as recorded in County Clerk's File No. M
t0061774 of said Deed Records of Denton County, Texas, from which a 1/2 inch iron rod found
for corner in the west line of said 87.7627 acre tract of land bears North 00 degrees 32 minutes
50 seconds West, a distance of 86.78 feet;
TkIENCE South Q0 degrees 32 minutes 50 seconds East, with the west Line of said 87.7627 acre
tract of land, a distance of 44.44 feet to a point for comer, from which a 5/8 inch iron
rod with cap stamped "GORRONDONA' set for the intersection of the proposed west
right-of4ay line of John Day Road with the west line of said 87.7627 acre tract of
land bears South 00 degrees 32 minutes 50 seconds East, a distance of587.83 feet;
THENCE South 81 degrees 01 minutes 29 seconds West, a distance of 19.94 feet to a point for
comer;
T �ICIE North I5 degrees 29 minutes 53 seconds West, a distance of 39.41 feet to a point for
comer;
a.
Being a 0.340 acre tract of land situated in the Greenberry ®vertan Survey, Abstract No. 972,
City of Fort Worth, Denton County, Texas, and being a portion of a tract of land deeded to Texas
Christian University as recorded in Volume 1122, Page 638 of the Deed Records of Denton
County, Texas, said 0,340 acre tract of land being more particularly described by metes and
bounds as follows.
13EGiPdP1IIoIG at a poirst in the west Sine of an $7.7627 acre tract of land {by deed) deeded to The
Burlington Northern & Santa Fe Railway Company as recorded in County Clerk's File No, 00-
t0061774 of said Deed Records of Denton County, Texas, from which a 1/2 inch iron rod found
for comer in the west Iine of said 87.7627 acre tract of land bears North 34 degrees 46 minutes
54 seconds East, a distance of 91892 feet;
TF€ET�1�E South 34 degrees 46 minutes 54 seconds West, with the west line of said 87.7627 acre
tract of land, a distance of 140.07 feet to a point for comer, from which a 1/2 inch
iron rod found for comer in the west line of said 87.7627 acre tract of land bears
South 34 degrees 46 minutes 54 seconds West, a distance of 462.72 feet;
CorilBr;
T I�10E North 02 degrees 34 minutes 02 seconds West, a distance of 57.54 feet to a paint for
comer;
Page 3 of 6
part Four
Being a 0.353 acre tract of land situated in the Greenberry Overton Survey, Abstract No. 972,
City of Fort Worth, Denton County, Texas, and being a portion of a tract of land deeded to Texas
Christian University as recorded in Volume 1122, Page 638 of the Deed Records of Denton
County, Texas, said 0.353 acre tract of land being more particularly described by metes and
bounds as follows.
BED -INKING at a point in the west line of an 87.7527 acre tract of tend Eby deed} deeded ko The
Burlington Northern & Santa Fe Railway Company as recorded in County Clerk's File No. 00-
R0061774 of said Deed Records of Denton County, Texas, from which a 1 /2 inch iron rod found
for comer in the west line of said 87,7627 acre tract of land bears South 05 degrees I 1 minutes
04 seconds West, a distance of 312.42 feet;
T�IEI`ICE North 84 degrees 48 minutes 02 seconds West, a distance of 97.86 feet to a point for
THENCE North OS degrees 11 minutes 58 seconds bast, a distance of 157.20 feet to a point for
comer,
'I'&iE�i"CE South 84 degrees 48 minutes Q2 seconds East, a distance of 97.82 feet to a point for
comer in the west line of said 87,7627 acre tract of land, from which a 1/2 inch iron
rod found for corner in the west line of said 87.7627 acre tract of land bears North 05
degrees 11 minutes 04 seconds East, a distance of 508.80 feet;
THENCE South 05 degrees l 1 minutes 04 seconds West, with the west Tine of said 87.7627 scare
tract of land, a distance of 157.20 feet to uje INT OF BEGINNING, and
containing 15,380 square feet orQ.353 acres of land, more or less.
)Five
Being a 0.539 acre tract of land situated in the Greenberry Overton Survey, Abstract No. 972 and
the Crockett Perry Survey, Abstract No, 1031, City of Fort Worth, Denton County, Texas, and
being a portion of a tract of land deeded to Texas Christian University as recorded in Volume
1122, Page 638 of the Deed Records of Denton County, Texas, said 0.539 acre tract of land being
more particularly described by metes and bounds as follows:
BEGINNING at a point in the west line of an 87.7627 acre tract of land (by deed) deeded to The
Burlington Northern & Santa Fe Railway Company as recorded in County Clerk's File No. 00-
W061774 of said Deed Records of Denton County, Texas, from which a 1/2 inch iron rod found
for the most southerly northwest corner of said 87,7627 acre tract of land bears North 35 degrees
39 minutes 21 seconds West, a distance of 507.50 feet;
TH�,NC:E South 35 degrees 39 minutes 21 seconds East, wish the west line of said 87.7627 acre
tract of land, a distance of 94.44 feet to a 5/8 inch iron rod with cap stamped
"GORRONDONA" set for corner in the proposed west rightt%ofwway line of John Day
Road, said 5/8 inch iron rod with cap stamped "GORRONDONA" being the
beginning of a non -tangent curve to the right having a radius of 926,00 feet, a central
angle of 02 degrees 26 minutes 34 seconds and whose chord bears South 16 degrees
22 minutes 30 seconds East, a chord distance of 39.48 feet, from which a 1/2 inch
iron rod found for corner in the west line of said 87.7627 acre tract of land bears
South 35 degrees 39 minutes 21 seconds East, a distance of 22.18 feet;
THEI`ICE with said non -tangent curve to the right and with the proposed west right -of --way line
of said John Day Road, an arc length of 39.48 feet to a 5/8 inch iron rod with cap
stamped "GORRONDONA' set for comer in the west line of said 87,7627 acre tract
of land;
THENCE South 05 degrees 11 minutes 04 seconds West, with the west Line of said 87.7627 acre
tract of land, a distance of 3 2 64 83 feet to a point for tamer;
'TI3ENC'E North 17 degrees 50 minutes 22 seconds 'West, a distance of 187.21 feet to a point for
corner;
South 72 degrees 09 minutes 38 seconds West, a distance of 40.00 feet to a point for
corner;
THE1�lCE North 17 degrees 50 minutes 22 seconds West, a distance of 60.59 feet to a point for
corner;
THENCE North SS degrees 46 minutes 23 seconds East, a distance of 125.51 feet to a point for
the beginning of anon -tangent curve to the left having a radius of B83.00 feet, a
central angle of 08 degrees 50 minutes 08 seconds and whose chord bears North 18
degrees 53 minutes 47 seconds West, a chord distance of 136.03 feet;
Page 5 of 6
Tla th said non tangent curve to the left, an arc length of 136,17 feet to a point for
comer;
• �•.. . • • e ,�
OF BEGINNING, and containing 23,467 square feet or 0.539 acres of land, more or
(1} A plat of even survey date herewith accompanies this legal description.
(2} All bearings are referenced to the project control for the Alliance Runway
Extension Phase III. All bearings and distances are surface. Surface factor for this
project = 140001596721
Revised September 1, 2010...,.
Richard Kennec
Texas No, 5527
VICINITY MAP
N T.S.
0
�a
r .u-.r
:• •, -
► c•a
Kam
NOTES:
(1) A LEGAL DESCRIPTION OF EVEN SURVEY DATE HEREWfTFi
ACCOMPANIES THIS PLAT.
(2} BEARINGS ARE REFERENCED TO THE PROJECT CONTROL
FOR THE ALLIANCE RUNWAY EXTENSION PHASE II(,
BEhRING5 ANO DISTANCES SHgWN ARE SURFACE.
SURFACE FACTOR FOR THIS PROJECT 1.000159672.
■r w
■ a�►
SET 5/B"1R W/CAP
'GORRONDONA`
WFtOLE PROPERTY AND
LOCATION MAPrth
� iG lc
1000 THROCKMORTON STREET e FORT WORTH, TEXAS 76101
ALLIANCE AIRPORT R UNWA Y
Z A TENSION PHASE VIII
e
PERMANENT DRAINAGE EASEMENT
TEXAS CHRISTIAN UNIVERSITY
O10
j PhGE 1
OF
5
j
SCALE 5' � 100'
dt ASSDCIATES. INC.
•
6707
6RENTWOOU STAIR ROAD, SUITE
�=m�=--TEXAS N0. 5527
TX, 76112 • �1i7��E1C-i�t2�v FAti
-496-1766
/aF
i
:�1
N
EXHI IT "
.f
FNO 1
8G,78
VICINITY MAP
N.T.S. SEE DETAIL "A"
DETAIL 'A'
TEXAS CHRISTIAN UNIVERSITY
VOLUME S12Z, PAGE 638
D.R,D.C,T.
NOTES: SEi 5/8`IR W/CAP
'GORRONDONR'
{i) AACCOMPAMES THIS PLAT. EVEN SURYEI DATE HEREWITH
(2) BEARINGS ARE REFERENCED TO THE PROJECT CONTROL
FOR THE ALLIANCE RUNWAY EXTENSION PHASE III.
BEARINGS AND DISTANCES SHOWN ARE SURFACE
SURFACE
P.O.B.
LINE TABLE
LINE000. _ BEARING DISTANCE
L- i S 00432'50"L 44.94'
L-2 S 81401629'* 13,94'
L -3 N 15'29'53"W 39.41'
L M4 N 69'03'34"E 29.56'
87 7627 ACRES {8Y DEED}
7HE BURLINGTON NORTHERN
6t SANTA FIE RAILWAY COMPANY
C,CY, NO. 00-R006I774
D.R.D.C.T.
GREENBERRY OVERTON
SURVEY
ABSTRACT N0. 972
FACTOR FOR
87 7627 ACRES {8Y DEED}
7HE BURLINGTON NORTHERN
6t SANTA FIE RAILWAY COMPANY
C,CY, NO. 00-R006I774
D.R.D.C.T.
GREENBERRY OVERTON
SURVEY
ABSTRACT N0. 972
FACTOR FOR
THIS
PROJECT 1.000158672.
ALLIANCJ� AIRPORT R UNWA Y-
s
E T.UNS'ION PII.A SE VIII
s
r
P MA N DRAINAGE EM 1 j`, `Ili I I t y
TEXAS CHRISTIAN UNIVERSITYIt
�
GREENBERRY OVERTON SURVEY, ll
ABSTRACT N0. 972 f t I�� 3; `
N: C OF FORT WORTH, DENTON COUNTY, TEXAS " to
nv< w„—aaur RPM
E; JULY T6, 20i� PAGE 2
nn
OF 5
...wv c. ru-cn.-cnvn
SCALE: t" 150•
n,r-nm rnoua rtw.nno
+, •�• +--.•
TEXAS N0. 5527
GORRONDONA k ASSOCi�TES, INC.
• 6707
6RENTWOoD sTA<R ROAD, suITE SD
FORT woRTH, TX. 78ti2 • BiT-d96-t42+ FAX 817-498-1768
n
♦NlAmml
izeA
VICINITY MAP
N.T.S.
ABSTRACT
Im
cm
"W���
®..LSabla
TE"?G4S CHRISTlAN UNNERSiTY
voLutaE t 122, PAGE fi3@ L-3
D.R.D.C.T.
F1J0 1 /2CtR
WHOLE PROPERTI` AND
LOCATION MIAP
31 q! t !
NOTES;
FNp 1/2'tR
B7.7627 ACRES {BY DEED)
THE BURLINGTCN NORTHERtJ k
SANTA FE RAILWAY COMPANY
C.G.F, NO. 00—R0061774
D R.D.C.T.
(1) A LEGAL. DESCRIPTION OF tVEN SURVEY PATE HEREVATH
ACCO1dPANIES 7FdIS PLAT.
{2) BEARINGS ARE REFERENCED TO THE PROJECT CONTROL
FOR THE ALUp.NCE RUNWAY EXTENSION PHASE III,
BEhRiNGS AND D15TANCES SHOWN ARE SURFACE.
SURFACE FACTOR FOR THIS PROJECT 1.000159672,
tO€TEl TH MORTON STREET •Ff1TYT WORTH, TEXAS 70102
4LLlANC1.5777 A.IP.PO T RUNWAY
T jy t if
TENSION PHA0z VI Ii {
N�, 5527
F; JULY 1@ 2�o1Q PAGE 3
OF S
SCALE: 1" .� 300'
GORROddDONA dt ASSOCIATES, INC,
r 6707
BRENTWOOD STAIR ROAD, SUfTE 5D
FOaT WOR11-0, 7X, 7@112 • 617—iBfi-"1424 FAX 817-4@@-17@8
3a�3�
n
' 7 0
EDIA WIN
PASSING AT 488.87'—
5/8"IR W/CAP STAMPED
GORRONDONA•' SET
IN THE PROPOSED
WEST ROW OF
VICINITY MAP JOHN DAY ROAD
N.T.S, lu
m$
of lion
PASSING AT 488.87' --� z
5/8*M W/CAP STAMPED
GORRONDONA" SET
IN THE PROPOSED
WEST ROW OF
JOHN DAY ROAD
TEXAS cwR1STiAN uNIVERSfTY
VOLUME 11224 PACE 638
D.R.D.C.T.
• s
7l a
: I /
PASSING AT 80.38'—
5/8"IR W/CAP SiAUPED
GORRONDONA" SET
IN THE PROPOSED
WEST ROW OF
JOHN DAY ROAD
I3;Li
CRO CKETT PERRY
SURVEY
ABSTRACT NO, 1031
_ �� SURYkI' UNE
NO 1/2'IR
eIr
opppSn
mg4aH
bo�
O O
z z4
Iti
<� 150 D 300
w Ci ... _._...n-
SCALE IN FEET
i
GREENBERRY OVERTON SURVEY
ABSTRACT N0. 972
II
NOTES:
ACCOMPANIES
PROPOSED (1) A LEC,AL DESCRIPTION OF EVEN SURVEY OATS HEREWITH
RIGHT-OF-WAY THtS PLAT.
//rf JOHN DAY ROAD (2) HERRINGS ARE REFERENCED TO THE PROJECT CONTROL
j FOR THE ALUANCE RUNWAY EXTENSION PHASE 111.
!{ BEARINGS AND DISTANCES SHOWN ARE SURFACE,
SURFACE FACTOR FOR THIS PROJECT + 1P000ISS6724
City oF Fort Worth
IWO TT{ROCI(MORTON MEET . FORT WORTH, TES 76102
.�rAT?PoPT .P TT�vAY
.riT ENS'ION P IAA S" E Vrrr
°«
y.
PERMANENT DRAINAGE EASEMENT`
TEXAS CHRISTIAN UNIVERSITY
GREENBERRY OVERTON SURVEY ABSTRACT NO. 972 t
N: CITY OF FORT WORTH, DENTON COUNTY. TEXAS
rig
GORRONCONA 8c ASSOCIATES, iN�.. 8747 BRETITW40D STAIR R04D• SURE 60 FOR7 WORTH, TX. 78112 s 817-488—{424 FAX 8
ILCJ
7
i;b�ilT'l
�► i
B81.5102 ACRES (BY DEED)
THE M, T. COLE FAMILY PARTNERSHIP NO 2, LP
� C.C.F NO 2009-102750
\ D.R.D.C.T.
`so SCALE IN FEET
CROCKETT PERRY
FND 1/21R .��� SURVEY
ABSTRACT NO. 1031
kA�,
:,�
PQB
?M }
ABSTRACT 972
SET 5/8"IR'•-.
w/cAP
—'CORRONDONA"
FND 1/2"IR
SET 5/B"IR
W/CAP
"GORRONDONI
NOTES: �
(1} ACCOMPANIES THISPLAT*PLATF EVEN SURVtY
{2} FOBEARINGS �ALLIANCE RUNWAY DnENSION PHASE 111,ECT CONTROL
BEARI
NGS AND DISTANCES SHOWN ARE SURFACE.
SURFACE FACTOR FOR THIS PROJECT I.ODDI59672.
REVISED SEPTEMBER 1, 2010
GATE
L-7—
TEXAS GHRISTtAN UNNERSIIY
va•uWE 11zz, PAGE 838
D.R,D,C,T,
UNE TABLE
uNE
B>:.uaNa
01STA1K:E
L—i
S
3r39
21
94.44
i.-2
S
0WI1
O4
31643
Wombwell
—3
N
17'50
22
187.21
L-4
S
72`
38
40.
Hubbell
L 5
N
1750
22
50.59
L-8
N
55`46723FIE
23.51
L-7
41
09
18.2
l—B
S
3S39
21
2
.L�IXTENSI aN VIII
UNNERSlTY
fr
}awn
m O p O
La Z
alu
�z_soo
•a��OG] j1
roc
{
1
l
— PROPOSED
RIGHT—OF—WAY
JDHN DAY ROAD
IY; RK CADD FILE: ALLIANCERUNJIAYCXiPHIn_ExHIBiTS ROO.DWG ���
• 67D7 ARENIWOOD STAIR ROAD, SUITE 50 FOR1 WORTt1, TX, 75112 • 81
WHOLE PROPERTY AND
LOCATION MAP
1�1i11ARD NE.NNrFODY
...e5527 �k�=/Qr
N0. 5527
6-1�24 FAX 817-486-176ti
?a Ce1 Na 4Pant Cane
k�c�,�-tta�.ng Ea�ts.nc� �3�ax�iray D.i t:an�r
7051 1Q.455 2313625tGO
rd 81431'49" W 42.369
7051616.696 2318563.14E
Radius: 1315.000 Chord: 1a5.238 Degree: 04621' 6 Uir: kight
bengthk 105,392 Delta: 08'04140" Tangent_: 92' .B50
shoed BRCS: N 12030131" E Path InS 81631'49" E Rad-Gut; S 7302710911 E
Radius Pints 7,a5�4''3.�'i5,?319uBa.B=�1
70 1797 5,:37 2318623.263
3 000 3 2' 50" E 187 . 090
7052410.455 231a625,.o4::
C:�asuTMe Guar. I?istanc�;> 0, (10a��G
rcotal Distance> 41.4.851
Polyline areas 431a sg ft, OvO99 acres
Page: L �f 1
Parcel No.
9DE Part Two
Permanent
Drainage
Easement
Dorshang
Easting
Bearing
Distance
f ���i924 *
955
,^(°.y
a63.L8621 s V71
S
n
t:fJ�
32'
50 f
E
44
>
944
h;3.t a 0 w012
'1052015.820
231is621,520
2.118597.215
S
11
81001'29"
69003'34"
W
E
13.540
25.560
7 052024.9 rJ5 231062 1,.O9i
Closure Error tAstance> 0.00000
Total Distance> 123A60
P'�Iylinn. Area: 811 sg ft., 0.015 acKes
Permanent
Drainage
Easement
Noxthing
Lasting
Beaxing
Dist aanc
7052606,019
7052491..774
r1
70
052540.1,87
52W?, 6`i2
2316969.123
2318884=215
4219762*691.
231676041.13
J
tJ
4r
34u4615411
020341021'
W2
`: 1
5811
W
{
W
E
40*072
y ry
574543
2014.215
7CF526{7Cit.019 2318969.123
Clef ,z.re Drrer. Distance> 0.00000
'lotall. Distance> 532.646
[-colylinp Area: 14800 sq ¢t, 0.340 acres
Paae 1 c�� 1
varce3, No. 9LSE Lark. Four
Pexi anent Drainage Easement
Northing Easting Bearing Distance
7053$672 , 706 23195166 553
N 84048102" W 97,858
705368i t 5"7Aj 2319419, r98 p,g� 9
rr 0503115811 E 157.201
705383O X 28 2319433 A44
5 W 48'02" E 97.816
7058820.254 2C3195304758
S 05011`04" t01 157.201
7053672<706 231951E.553
closure :�ra ox Distance> 600000
Dotal D3J*stznce> 510.078
>o1.yl e 7ta etm 15100 sag ft, 0.353 acres
Paxce: �Vov 90 r� e'stzt. F.3.tr=
r UMzMn ra nacxe as m nt
zcF a ts' n
7t�5=���0.7�i5 23�.95ti6.7a� L �y�± ^� yy�sv ,,pp }}
5 35"39'21" G '4+438
10543544011 231.9563.805
Radius* 926*000 Chord: 39.477 Decree: 06*11'15" DiV. i?a.ctit
S,enath: 39 60 Delta:: 02*26134" Tangent. 19.743
Chord BRGs 5 16d22':30" i Rath lw S 72 094113" W Rad�Out: S i4 °µ0' g'1" Gi
Radius Point: 7054074.072,23186E1.131
7054316.135 4319574,933
5 050E�:4104" W 316-4826
70540M 606 2319546*204
14 1745U'22" V1 113'J.214
7054178818 233946t .951
5 720091:3811 W 4fi ODO
7054166*564 2319450.874
Id 17050122" W 60,509
7054224,240 23194.32.312
N 55646123" v 125,51.3
E'054294,837 2319 X536e088
�adxu�: �3G3.UJ0 C�xc�r.c3s 136mii33 �ixbtyx;r�; tTf,°?0`20:" Dix: Le4t
r7gtha i36.160 Delta: 08050'0€3" Tangent. 66.219
Chord BRGZ 11 I'S"53147" W Rad- lnx. S 75°31' 17" W Raai-Qut: 5 66'41' 09" W
[Radius Point: 7054074.0'7Z2,2310631.131
7054423.539 2319492*033 q#6664110911E 1
( g{
l i/J`i'i3V•f °F 5 231.95084l54
C3.s�sur� I;r.s:rsr "4.s4arsee7 C1.0{i0t3U
Total i�isttxnC�� ].01&.435
Polyline Area: 23467 sq ft, 0.539 acres
Pace 1 ui �.
Denton County
Cynthia Mitchell
County Clerk
Denton, Tx 76202
702011 00023820
Instrument Number: 2011=23820
As
Recorded On: March 15, 2011 Easement
Parties: TEXAS CHRISTIAN UNIVERSITY
To
Comment:
( Parties listed above are for Clerks reference only )
** Examined and Charged as Follows: **
Easement 35.00
Total Recording: 35.00
Billable Pages: 7
Number of Pages: 7
Lzg ORIGINAL
************ DO NOT REMOVE. THIS PAGE IS PART OF THE INSTRUMENT ************
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information:
Document Number: 2011-23820
Receipt Number: 772777
Recorded Date/Time: March 15, 2011 10:32:18A
User / Station: S Parr - Cash Station 3
Record and Return To:
CITY OF FORT WORTH
900 MONROE ST
STE 400
FORT WORTH TX 76102
THE STATE OF TEXAS }
COUNTY OF DENTON }
I hereby certify that this Instrument was FILED in the File Number sequence on the date/time
printed heron, and was duly RECORDED In the Official Records of Denton County, Texas.
County Clerk
'�...«.a'• Denton County, Texas
Rattiki Mde Company
Temporary -Construction Easement
THAT, Texas Christian University, a non-profit corporation, of the County of
Tarrant, State of Texas, for and in consideration of One Dollar ($1.00) and other good
and valuable consideration from City of Fort Worth, the receipt and sufficiency of which
consideration is hereby acknowledged, has GRANTED, SOLD, and CONVEYED and by
these presents do and GRANT, SELL, and CONVEY to City of Fort Worth a temporary -
construction easement for the purpose of constructing a road in connection with the
Alliance Airport Phase VIII Project, the temporary -construction easement being more
particularly described in the attached Exhibit "A" and depicted in the attached Exhibit
'B." This temporary -construction easement shall expire the earlier of 12 months from
the date construction work begins or when the construction work has been completed.
The temporary -construction easement shall include the right to excavate and fill
and to store construction materials and equipment upon the temporary -construction
easement. The City shall replace any fences or other fixtures upon the temporary -
construction easement without cost to Texas Christian University and shall restore the
temporary -construction -easement property as closely as possible to its condition before
the City's entry thereon,
This conveyance is for use on the Alliance Airport Phase VIII Project and shall
specifically include the right to City and shall authorize the City, its agents, contractors,
and employees, to enter onto the subject property for the purpose of the Alliance Airport
Phase VIII Project.
TO HAVE AND TO HOLD the above -described premises for the above -
mentioned purposes, together with all and singular the right and appurtenances thereto in
anywise belonging to the City, its successors, and assigns until the termination of this
temporary -construction easement, and Texas Christian University does hereby bind itself,
its successor, and assigns, to warrant and forever defend to the City, its successors, and
assigns, against every person whomsoever claiming or to claim the same or any part
thereof while the temporary -construction easement is in force.
EXECUTED EFFECTIVE the 31 day of January, 2011.
TEXAS CHRISTIAN UNIVERSITY,
A NON-PROFIT CORPQ�l2ATION
By:
Brian Gutierrez
Vice Chance�6
Administration
of Finance and
STATE OF TEXAS §
COUNTY OF
BEFORE ME, the undersigned authority, a notary public in and for the State of
Texas, on this day personally appeared Brian Gutierrez, known to me to be the person
whose name is subscribed to the foregoing instrument, and who, after being duly sworn,
upon oath deposed and said that he signed the above and foregoing document, that before
signing same, he read and fully understood the contents and the effect thereof, and that he
executed the same for the purposes and consideration therein expressed and in the
capacities therein stated.
SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority,
under my hand and seal of office this of Feb i �/ _, 2011.
ao,�Ase��TERRY HANEY
�t*, ROTARY PUBLIC STATE OF TEXAS
°ty COMMISSION EXPIRES:
Or -
APPROVED AS TO FORM AND LEGALITY
12
Theodore P. Gorski, Jr.
Assistant City Attorney
Not�rjy Public, St�aje of Texas
2
CEMPORARYCONSTRUCTION
• ,,
s • ;l, •
�ROCKETT PERRY SURVEY, ABSTRACT NO,i
ITY OF , u WORTH
ENTON COUNTY, TEXAS
EXIJIBIT cc�»
Being a 0.221 acre tract of land situated in file Crockett Perry Survey, Abstract No. 1031, Ciiy of
Fort Worth, Denton County, Texas, and being a portion of a tract of land deeded to Texas
Christian University as recorded in Volume 1122, Page 638 of the Deed Records of Denton
County, Texas, said 0.221 acre tract of land being more particularly described by metes and
bounds as follows:
BEGINN.I.NG at a point in the southwest line of an 87.7627 acre tract of Land (by deed} deeded
to The Burlington Northern and Santa Fe Railway Company as recorded in County Clerk's File
No. 00-R0061774 of said Deed Records of Denton County, Texas, said point for corner being the
beginning of a non -tangent curve to the left having a radius of 916.00 feet, a central angle of 02
degrees 23 minutes 12 seconds and whose chord bears North 52 degrees 52 minutes 47 seconds
West, a chord distance of 38.15 feet, from which a 1/2 inch iron rod found for corner in the
southwest line of said 87.7627 acre tract of land bears South 35 degrees 39 minutes 21 seconds
East, a distance of562.20 feet;
THENCE with said non -tangent curve to the left, an arc length of 38.15 feet to a point for
corner,
THENCE South 35 degrees 55 minutes 37 seconds West, a distance of 11.00 feet to a point for
the beginning of anon -tangent curve to the left having a radius of 905.00 feet, a
central angle of 12 degrees 41 minutes 39 seconds and whose chord bears North 60
degrees 25 minutes 12 seconds West, a chord distance of 200,10;
THENCE with said non -tangent curve to the Left, an arc length of 200.51 feet to a point for
corner;
THENCE North 66 degrees 46 minutes 02 seconds West, a distance of 199.52 feet to a point for
comer;
THENCE North 23 degrees 13 minutes 58 seconds East, a distance of 26.59 feet to a point for
corner in the existing southwest right -of --way line of John Day Road (an undedicated
right-of4ay),
THENCE South 66 degrees 32 minutes 02 seconds East, with the existing southwest right-of-
way line of said Jolui Day Road, a distance of 169.52 feet to a 5/8 inch iron rod with
cap stamped "GORRONDONA" set for the intersection of the proposed southwest
Page 1 of 2
right -of --way Iine of said John Day Road with the existing southwest right -of --way line
of said John Day Road;
TIIENCE South 57 degrees 29 minutes 20 seconds East, with the proposed southwest right-of-
way line of said John Day Road, a distance of 30.40 feet to a 5/8 inch iron rod with
cap stamped "GORRONDONA" set for the beginning of a non -tangent curve to the
right having a radius of 926.00 feet, a central angle of 13 degrees 03 minutes 07
seconds and whose chord bears South 60 degrees 14 minutes 28 seconds East, a chord
distance of 210.49 feet;
THENCE with said non -tangent curve to the right and with. the proposed southwest right -of --way
line of said John Day Road, an arc length of 210,94 feet to a point for corner in the
southwest line of said 87.7627 acre tract of land, fi•otn which a 1/2 inch iron rod found
for the most southerly northwest corner of said 87.7627 acre tract of land bears North
35 degrees 39 minutes 21 seconds West, a distance of27.81 feet;
THENCE South 35 degrees 39 minutes 21 seconds East, with the south��-est line of said 87.7627
acre of tract of land, a distance of 34.11 feet to the POINT OF BEGINNING, and
containing 9,629 square feet or 0.221 acres of land, more or less.
Notes:
(1) A plat of even survey date herewith accompanies this Iegal description.
(2) AlI bearings are referenced to the project contxol for the Alliance Runway
Extension Phase III. All bearings and distances are surface. Surface factor for this
project = 1.000159672.
Date; July 24, 201
V:' r ° .
1,0
Richard Kennel
Texas No. 5527
Page 2 of 2
JORN DAY
RWD
SONGBIRD
PROJECT
l
Is
WFtrTPORT
PARKWAY
HASLET
VICINITY MAP
N,T,S.
./oh'A I I b 11
�z ! /
�C.qTI1�040 tool
EXISTING
RIGHT—OF—WAY
DETAIL "A"
SET 5/61R
ry 0 "GORRONDONA"
Af�
799
�\
TFxas cHRISTIAN UNNERSITY
1122, PAGE 636
).R,D.C.T.
NOTES:
(1) A LEGAL DESCRIPTION OF EVEN SURVEY
DATE HEREWITH ACCOMPANIES THIS PLAT,
(2) BEARINGS ARE REFERENCED TO THE
PROJECT CONTROL FOR THE ALLIANCE
RUNWAY EXTENSION Pt1ASE 111. BEARINGS
AND DISTANCES SHOWN ARE SURFACE,
SURFACE FACTOR FOR THIS PROJECT =
1.000159672.
TEXAS CHRISTiAN
1
0
IVERSIiY
C-1
P.Q.B.
SEE DETAIL "A"
1
Lam:...
Kam.
CROCKETT PERRY
SURVEY
ABSTRACT NO.
1031
WHOLE PROPERTY AND
LOCATION MAP
Tye M8>$162
C044:1 CReS
NO ��,tr/ )fikeeto
o
�C94
pOp4
RM%/vp
PROPOSED
RIGHT-OF-WAY
JOHN DAY ROAD
SURVEY LINE
FN� 1/z"IR
GREENBERRY Lo
OVERTON SURVEY oN
ABSTRACT N0, 972 Wz
OQ�
LINE TABLE
UNE
GEARING
DISTANCE
L�
w=O I U
w�wr)) -
�rUQci
0 0 >- d
<Z3oo
rz
INO h i
n Z U
toJ U
a:
CURVE TABLE
CURVE
RADIUS
DELTA
CHORD
GEARING
CHORD
ARC
C-1
916.00
1 02723 12
1N 52 52 47'W
38.15
36.15
C-2
905.00
12 4113E
N SQ 25 12
200.10
200,51
C-3 1
926.00
13'03 07
S 60'14 28 E
1 210.4E
21 r
10DO THROCKMORTON••
m
r f )
#�iI P-1ARD ItluNNI DY
WtJ
BY;
JT
CADO FlLE:
ALLIANCERUNWAYEXTPHIII_EXHIGITS_ROO,DWG
R14nARv
1luYIRt«:r,"
KYLJ
E 1
of
1
SCALE: 1" = 300'
TEXAS N0. 5527
fNC.
•
8707
GREN1W000 STAIR ROAD, SUITE 50 FORT WORTH, TX. 76112
• 817-496-1424 FAX 817-496- 176.E
P--9TE
Parcel No, 9
Temporary Construction Easement
Northing Easting Bearing Distance
7016044.315 2357336.100
Radius: 916.000 Chord: 38.152 Degree: 06°15'18" Dir: Left
Length: 38.155 Delta: 02°23'12" Tangent: 19.080
Chord BRG: N 52052'47" W Rad-In: 5 38*18149" W Rad-out: s 35055137" W
Radius Point: 7015325.59402356768,212
7016067.339 2357305,679
s 35°55'37" W 11.000
7016058,432 2357299.225
Radius: 905.000 chord: 200.098 Degree: 06619'52" Dir: Left
Length: 200.508 Delta: 12°41'39" Tangent: 100.666
chord BRG: N 60025'12" W Ra& In: s 35055137" W Ra&out: s 23013'58" w
Radius Point: 7015325.594,2356768.212
7016157.208 2357125.206
N 66046'02" W 199.522
7016235.913
7016260.348
7016192.842
2356941,863
2356952.353
2357107.856
� 23`13'S8" E 26.591
5 66032'02" E 169.523
5 57°29'20" E 30.398
7016176.505 2357133.490
Radius: 926.000 Chord: 210.486 Degree: 06011`15" Dir: Right
Length: 210.942 Delta: 13°03'07" Tangent: 105,929
chord BRG: s 60°14'28" E Rad-In: s 23013158" W Rad-out: s 36°17'05" W
Radius Point: 7015325.594,2356768.212
7016072.030 2357316.217
s 35039121" E 34.110
7016044.315 2357336.1.00
Closure Error Distance> 0.00000 Error Bearing> N 90°00`00" E
closure Precisions 1 in 1977292262923.2 Total Distance> 920.748
Polyline Area: 9629 sq ft, 0.221 acres
Page 1 ,
3 # 10-01230(P9) RATrl
�1T�T�
laPc�rN ri a: Ai i.
PURCHASER'S CERTIFICATE
SELLER: Texas Christian University, a Texas non-profit corporation + �Nl
PURCHASER: City of Fort Worth, a Texas municipal corporation AM
DATE OF CLOSING: December 10, 2010
PROPERTY ADDRESS: John Day Road Relocation
, Texas
I, the undersigned Purchaser (or if a corporation or other entity, the duly authorized officer, partner, or legal
representative thereof), prior to the final closing and disbursement of funds, represent the following to Rattikin
Title Company, as marked:
[ X ] I certify that the purchase of the Property is truly a "purchase", and that there is no agreement or
understanding whatsoever that said Property will be re -transferred to Seller at any future date. I
further certify that this transaction could not in any way be construed as a "loan of money."
[ X ] I acknowledge that Rattikin Title Company and its underwriter shall have no liability whatsoever if all or
part of the Property lies within a 100-year flood plain.
[ ] I acknowledge receipt of copies of instruments shown in the title commitment to contain restrictions
affecting the Property.
[ ] I acknowledge receipt of a copy of the recorded plat of the Property.
[ X ] I acknowledge receipt of a copy of the Survey Plat of the Property.
[ X ] I acknowledge receipt of copies of instruments shown by the title commitment to be easement(s)
affecting the Property.
[ X ] I acknowledge that there may be a sewer line or storm drain on the Property.
[ X ] I acknowledge that the Property is or may be subject to municipal and/or county zoning ordinances,
building codes, and other governmental regulations.
[ ] I acknowledge and understand that tax and insurance prorations and reserve accounts (if any) were
established based on figures for the preceding year, information supplied by others, and/or estimates
for the current year, and in the event of any change for the current year, all necessary adjustments
must and shall be made directly between Purchaser and Seller.
[ ] I acknowledge and understand that the Property may be subject to further reassessment for prior
years' taxes due to change in land usage or ownership, and that Rattikin Title Company and its
underwriter have no control over such possible reassessment, no any liability therefor.
[ X ] I acknowledge that the necessary documents for closing this transaction have been prepared by others
in accordance with information either contained in the contract of sale, or furnished by the parties to
the transaction, or furnished by third parties, and that neither Rattikin Title Company nor its
underwriter has any responsibility or liability for the sufficiency of any applicable documents including,
but not limited to, the term, amount of payment, or rate of interest charged thereon. I do hereby
specifically release Rattikin Title Company and its underwriter from any liability arising out of any
violation of any State or Federal usury statutes, if applicable.
[ X ] I acknowledge that the exceptions which will appear in my Owner Policy of Title Insurance have been
explained to me and that I understand them, and that a list of exceptions which will appear in my title
policy is attached to this certificate.
(10-01230 (P9). P FD/10-01230(P9)/24)
GF# 1M1230(P9)
PURCHASER'S CERTIFICATE
(Continued) S-
[ X) I acknowledge that Rattikin Title Company and its underwriter will have no liability whatsoever in the
event the conditions and provisions of the foregoing prohibit me from using the Property in any way I
desire.
/ City of�Fort�W�orth, a Texas municipal corporation
STATE OF Texas
COUNTY OF Tarrant
f it ruary ;.I 1 /��
This instrument was acknowledged before me one—, 201,dby �erno.ndb COSY (O.., of
th City of Fort W rth, a Texas municipal corporation, on behalf of said corporation.
My commission expires:
(SEAL)
EVONIA DANIELS
MY COMMISSION p(PIFaES
Juty 10, 2013
Approved as to form and �gaUtvI
(10-01230(P9). PFD/10-01230 (P9)/24)
File No.: 10-01230(P9)
CHICAGO TITLE INSURANCE COMPANY
SCHEDULE B
EXCEPTIONS FROM COVERAGE
Policy No.:
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or
expenses) that arise by reason of the terms and conditions of the leases and easements, if any, shown in
Schedule A and the following matters:
1.
This Item is hereby deleted.
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions,
or any overlapping of improvements.
3. Homestead or community property or survivorship rights, if any, of any spouse of any Insured.
4. Any titles or rights asserted by anyone, including but not limited to, persons, the public, corporations,
governments or other entities.
a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams,
lakes, bays, gulfs or oceans, or
be to lands beyond the line of the harbor or bulkhead lines as established or changed by any
government, or
c. to filled -in lands, or artificial islands, or
do to statutory water rights, including riparian rights, or
e. to the area extending from the line of mean low tide to the line of vegetation, or the right of access to
that area or easement along and across that area.
5. Standby fees, taxes and assessments by any taxing authority for the year 2010, and subsequent years;
and subsequent taxes and assessments by any taxing authority for prior years due to change in land
usage or ownership, but not those taxes or assessments for prior years because of an exemption granted
to a previous owner of the property under Section 11.13, Texas Tax Code, or because of improvements
not assessed for a previous tax year.
6. The following matters and all terms of the documents creating or offering evidence of the matters (The
Company must insert matters or delete this exception.)
a. Easement for right-of-way granted to MITCHELL ENERGY CORPORATION recorded March 9,
1990 in Volume 2742, Page 757, Real Property Records of Denton County, Texas.
b. Easement for right-of-way granted to SOUTHWESTERN GAS PIPELINE recorded June 6, 1991 in
Volume 2992, Page 506, Real Property Records of Denton County, Texas.
c. Easement for right-of-way granted to TEXAS UTILITIES ELECTRIC COMPANY recorded May 7,
1992 in Volume 3222, Page 538, Real Property Records of Denton County, Texas.
FORM T-1: Owner's Policy of Title Insurance '
Schedule B(10-01230(P9).PFD/10-01230(P9)!24)
Rev. 05-01-OS RATTIKIN TITLE COMPANY, FORT WORTH, TEXAS
SCHEDULE B
(Continued)
File NO.: 10-01230(P9)
0
Policy No.:
d. Matters contained in that certain document
Entitled: Right -of -Way Agreement
Dated: September 14, 2001
Executed by: Texas Christian University and Southwestern Gas Pipeline, Inc.
Recording Date: October 15, 2001
Recording No: in Volume 4943, Page 1589, Real Property Records, Denton County, Texas
Which provides for, among other things: Easements
Reference is hereby made to said document for full particulars.
e. Matters contained in that certain document
Entitled: Right -of -Way Agreement
Dated: April 17, 2007
Executed by: Texas Christian University and Southwestern Gas Pipeline, Inc.
Recording Date: June 25, 2007
Recording No: under Clerk's File No. 2007-74818, Real Property Records, Denton County, Texas
Which provides for, among other things: Easements
Reference is hereby made to said document for full particulars.
f. Matters contained in that certain document
Entitled: Right -of -Way Agreement
Dated: April 17, 2007
Executed by: Texas Christian University and Southwestern Gas Pipeline, Inc.
Recording Date: June 25, 2007
Recording No: under Clerk's File No. 2007-74819, Real Property Records, Denton County, Texas
Which provides for, among other things: Easements
Reference is hereby made to said document for full particulars.
g. Matters contained in that certain document
Entitled: Right -of -Way Agreement
Dated: April 17, 2007
Executed by: Texas Christian University and Southwestern Gas Pipeline, Inc.
Recording Date: June 25, 2007
Recording No: under Clerk's File No. 2007-74820, Real Property Records, Denton County, Texas
Which provides for, among other things: Easements
Reference is hereby made to said document for full particulars.
h. Matters contained in that certain document
Entitled: Right -of -Way Agreement
Dated: April 17, 2007
Executed by: Texas Christian University and Southwestern Gas Pipeline, Inc.
Recording Date: June 25, 2007
Recording No: under Clerk's File No. 2007-74821, Real Property Records, Denton County, Texas
Which provides for, among other things: Easements
Reference is hereby made to said document for full particulars.
FORM T-1: Owner's Policy of Title Insurance
Schedule B(10-01230(P9).PFD/10-01230(P9)/24)
Rev. 05-01-08 RATTIKIN TITLE COMPANY, FORT WORTH, TEXAS
SCHEDULE B
(Continued)
File No.: 10-01230(P9)
Policy NO.:
i. Matters contained in that certain document
Entitled: Right -of -Way Agreement
Dated: April 17, 2007
Executed by: Texas Christian University and Southwestern Gas Pipeline, Inc.
Recording Date: June 25, 2007
Recording No: under Clerk's File No. 2007-74822, Real Property Records, Denton County, Texas
Which provides for, among other things: Easements
Reference is hereby made to said document for full particulars.
j. Matters contained in that certain document
Entitled: Right -of -Way Agreement
Dated: May 10, 2008
Executed by: Texas Christian University and Southwestern Gas Pipeline, Inc.
Recording Date: May 28, 2008
Recording No: under Clerk's File No. 2008-57622, Real Property Records, Denton County, Texas
Which provides for, among other things: Easements
Reference is hereby made to said document for full particulars.
k. Matters contained in that certain document
Entitled: Right -of -Way Agreement (Pipeline, Valve &Meter Site)
Dated: December 15, 2008
Executed by: Texas Christian University and Southwestern Gas Pipeline, Inc.
Recording Date: January 20, 2009
Recording No: under Clerk's File No. 2009-6649, Real Property Records, Denton County, Texas
Which provides for, among other things: Easements
Reference is hereby made to said document for full particulars.
Matters contained in that certain document
Entitled: Right -of -Way Agreement (Meter Site)
Dated: December 15, 2008
Executed by: Texas Christian University and Southwestern Gas Pipeline, Inc.
Recording Date: January 20, 2009
Recording No: under Clerk's File No. 2009-6650, Real Property Records, Denton County, Texas
Which provides for, among other things: Easements
Reference is hereby made to said document for full particulars.
m. Matters contained in that certain document
Entitled: Right -of -Way Agreement
Dated: February 12, 2009
Executed by: Texas Christian University and Southwestern Gas Pipeline, Inc.
Recording Date: February 26, 2009
Recording No: under Clerk's File No. 2009-23229, Real Property Records, Denton County, Texas
Which provides for, among other things: Easements
Reference is hereby made to said document for full particulars.
FORM T-1: Owner's Policy of Title Insurance
Schedule B(10-01230(P9).PFD/10-01230(P9)/24)
Rev. 05-01-08 RATTIKIN TITLE COMPANY, FORT WORTH, TEXAS
SCHEDULE B
(Continued)
It; No.: 10-01230(P9)
Policy No.:
n. Matters contained in that certain document
Entitled: Right -of -Way Agreement (Meter Site)
Dated: March 1, 2010
Executed by: Texas Christian University and Southwestern Gas Pipeline, Inc.
Recording Date: April 7, 2010
Recording No: under Clerk's File No. 2010-32235, Real Property Records, Denton County, Texas
Which provides for, among other things: Easements
Reference is hereby made to said document for full particulars.
o. Matters contained in that certain document
Entitled: Right -of -Way Agreement (Meter Site)
Dated: February 23, 2010
Executed by: Texas Christian University and Southwestern Gas Pipeline, Inc.
Recording Date: April 7, 2010
Recording No: under Clerk's File No. 2010-32236, Real Property Records, Denton County, Texas
Which provides for, among other things: Easements
Reference is hereby made to said document for full particulars.
p. An oil and gas lease for the term therein provided with certain covenants, conditions and provisions,
together with easements, if any, as set forth therein.
Dated: January 22, 1986
Lessor: Texas Christian University
Lessee: Mitchell Energy Corporation
Recording Date: April 9, 1986
Recording No: in Volume 1859, Page 975, Real Property Records, Denton County, Texas, as
affected by Waiver of Surface Rights recorded in Volume 3379, Page 668, Real Property Records,
Denton County, Texas and Waiver of Surface Rights recorded in Volume 4471, Page 263, Real
Property Records, Denton County, Texas, as affected by instruments recorded under Clerk's File
No. 20064563; 20064564 and 20064565, Real Property Records, Denton County, Texas
Title to said lease not checked beyond date thereof.
q. Matters contained in that certain document
Entitled: Pipeline Easement (Buried) Agreement
Dated: July 8, 2009
Executed by: Texas Christian University and Enterprise Texas Pipeline LLC
Recording Date: July 21, 2009
Recording No: under Clerk's File No. 2009-88588, Real Property Records, Denton County, Texas
Which provides for, among other things: Easements
Reference is hereby made to said document for full particulars.
r. Matters contained in that certain document
Entitled: Pipeline Easement (Buried)
Dated: November 20, 2007
Executed by: Texas Christian University and Crosstex North Texas Gathering LP
Recording Date: January 9, 2008
Recording No: under Clerk's File No. 2008-2929, Real Property Records, Denton County, Texas
Which provides for, among other things: Easements
Reference is hereby made to said document for full particulars.
FORM T-1: Owner's Policy of Title Insurance
Schedule B(10-01230(P9).PFD/10-01230(P9)/24)
Rev. 05-01-08 RATTIKIN TITLE COMPANY, FORT WORTH, TEXAS
SCHEDULE B
(Continued)
File No.: 10-01230(P9)
Policy No.:
s. Easement(s) for the purposes) shown below and rights incidental thereto, as granted in a
document:
Granted to: The Atchison, Topeka and Santa Fe Railway Company
Purpose: right of way
Recording Date: November 17, 1992
Recording No: in Volume 3379, Page 661, Real Property Records, Denton County, Texas.
t. Easement(s) for the purposes) shown below and rights incidental thereto, as granted in a
document:
Granted to: The Atchison, Topeka and Santa Fe Railway Company
Purpose: right of way
Recording Date: November 17, 1992
Recording No: in Volume 3379, Page 653, Real Property Records, Denton County, Texas.
u. Matters contained in that certain document
Entitled: Easement and Right -of -Way Agreement
Dated: May 18, 2007
Executed by: Texas Christian University and Energy Transfer Fuel, LP
Recording Date: June 6, 2007
Recording No: under Clerk's File No. 2007-66379, Real Property Records, Denton County, Texas
Which provides for, among other things: Easements
Reference is hereby made to said document for full particulars.
v. Easement(s) for the purposes) shown below and rights incidental thereto, as granted in a
document:
Granted to: The Atchison, Topeka and Santa Fe Railway Company
Purpose: right of way
Recording Date: November 17, 1992
Recording No: in Volume 3379, Page 646, Real Property Records, Denton County, Texas.
w. Matters contained in that certain document
Entitled: Right -of -Way Agreement
Dated: September 24, 2001
Executed by: Texas Christian University and Southwestern Gas Pipeline, Inc.
Recording Date: August 28, 2001
Recording No: in Volume 4928, Page 2091, Real Property Records, Denton County, Texas
Which provides for, among other things: Easements
Reference is hereby made to said document for full particulars.
x. Interest in and to oil, gas and other minerals and/or royalties, bonuses, rentals and all other rights
relating thereto as set forth in the document
Recording No.: in Volume 1122, Page 638, Deed Records, Denton County, Texas, as affected by
Waiver of Surface Rights recorded in Volume 3379, Page 668, Real Property Records, Denton
County, Texas
Said mineral interest not traced subsequent to the date of the above -cited instrument.
FORM T-1: Owner's Policy of Title Insurance
Schedule B(10-01230(P9).PFD/10-01230(P9)/24)
Rev. 05-01-08 RATTIKIN TITLE COMPANY, FORT WORTH, TEXAS
SCHEDULE B
(Continued)
File No.: 10-01230(P9)
Policy No.:
y. Easement(s) for the purposes) shown below and rights incidental thereto, as granted in a
document:
Granted to: Texas Electric Service Company
Purpose: right of way
Recording Date: November 14, 1952
Recording No: in Volume 384, Page 360, Deed Records, Denton County, Texas.
z. Easement(s) for the purposes) shown below and rights incidental thereto, as granted in a
document:
Granted to: Phillips Petroleum Company
Purpose: right of way
Recording Date: February 1, 1965
Recording No: in Volume 518, Page 578, Deed Records, Denton County, Texas.
Aa. Easement(s) for the purposes) shown below and rights incidental thereto, as granted in a
document:
Granted to: Magnolia Pipe Line Company
Purpose: right of way
Recording Date: December 17, 1953
Recording No: in Volume 391, Page 539, Deed Records, Denton County, Texas.
FORM T-1: Owner's Policy of Title Insurance
Schedule B(10-01230(P9).PFD/10-01230(P9)/24)
Rev. 05-01-08 RATTIKIN TITLE COMPANY, FORT WORTH, TEXAS
PARCEL NO. s
RIGHT -OF WAY ACQUISITION
ALLIANCE AIRPORT RUNWAY EXTENSION PHASE VIII
GREENBERRY OVERTON SURVEY, ABSTRACT NO.972
CROCKETT PERRY SURVEY, ABSTRACT NO 1031
CITY OF FORT WORTH
DENTON COUNTY, TEXAS
EXHIBIT "A"
Part One
Being a 0.129 acre tract of land situated in the Crockett Perry Survey, Abstract No, 1031, City of
Fort Worth, Denton County, Texas, and being a portion of a tract of deeded to Texas Christian
University as recorded in Volume 1122, Page 638 of the Deed Records of Denton County, Texas,
said 0.129 acre tract of land being more particularly described by metes and bounds as follows:
BEGINNING at a 5/8 inch iron rod with cap stamped "GORRONDONA" set for corner in the
proposed southwest right-of-way line of John Day Road and in a southwest line of an 87.7627
acre tract of land (by deed) deeded to The Burlington Northern and Santa Fe Railway Company
as recorded in County Clerk's File No. 00-R0061774 of said Deed Records of Denton County,
Texas, said 5/8 inch iron rod with cap stamped "GORRONDONA" being the beginning of a non -
tangent curve to the left having a radius of 926.00 feet, a central angle of 13 degrees 03 minutes
07 seconds and whose chord bears North 60 degrees 14 minutes 28 seconds West, a chord
distance of 210.49 feet;
THENCE with said non -tangent curve to the left and with the proposed southwest right-af-way
line of said John Day Road, an arc Iength of 210.94 feet to a 5/8 inch iron rod with
cap stamped "GORRONDONA" set for corner;
THENCE North 57 degrees 29 minutes 20 seconds West, with the proposed southwest right-of-
way line of said John Day Road, a distance of 30.40 feet to a 5/8 inch iron rod with
cap stamped "GORRONDONA" set for corner in the existing southwest right-of-way
line of John Day Road (an undedicated right -of --way);
THENCE North 23 degrees 13 minutes 58 seconds East, with the proposed northwest right-of-
way line of said John Day Road, a distance of 15.87 feet to a survey nail with washer
stamped "GORRONDONA" set for comer in the approximate centerline of said John
Day Road and in the northeast line of said tract of land deeded to Texas Christian
University, said survey nail with washer stamped "GORRONDONA" being in the
southwest line of an 881.5162 acre tract of land (by deed) deeded to The M. T. Cole
Family Partnership No 2, LP as recorded in County Clerk's File No. 2009-102750 of
said Deed Records of Denton County, Texas;
Page 1 of 4
THENCE South 66 degrees 40 minutes 48 seconds East, with the northeast line of said tract of
land deeded to Texas Christian University, with the southwest line of said 881.5162
acre tract of land and with the approximate centerline of said John Day Road, a
distance of 215.13 feet to a survey nail with washer stamped "GORRONDONA" set
for the most northerly and westerly northwest corner of said 87.7627 acre tract of
land;
THENCE South 22 degrees 53 minutes 26 seconds West, with a northwest line of said 87.7627
acre tract of land, a distance of 30.00 feet to a 1/2 inch iron rod found for the most
southerly and westerly northwest comer of said 87.7627 acre tract of land, said 1/2
inch iron rod being in the existing southwest right-of4ay line of said John Day Road;
THENCE South 35 degrees 39 minutes 21 seconds East, with a southwest line of said 87.7627
acre tract of land, a distance of 27.81 feet to the POINT OF BEGINNING, and
containing 5,622 square feet or 0.129 acres of land, of which 3,518 square feet lies
within the existing right-of-way of John Day Road, leaving a net area of 2,104 square
feet or 0.048 acres of land, more or less.
Page 2 of 4
NOTES:
(1) A LEGAL DESCRIPTION OF EVEN SURVEY DATE
HEREWITH ACCOMPANIES THIS PLAT.
(2) CONTROL FOR THEALLIANCERUNWAYEXTENSION
PHASE III, BEARINGS AND DISTANCES SHOWN ARE
SURFACE. SURFACE FACTOR FOR THIS PROJECT
1,000159672.
EXHIBIT "B"
CROCKETT PERRY
SURVEY
ABSTRACT NO, 1031
INA am
Find!
sEr
881.5162 ACRES (BY DEED)
210.94 THE M. T. COLS FAMILY
PARTNERSHIP NO 2, LP
C.C.F. NO 2009-1D275D
O.R.D.C.T.
DETAIL •A"
SET SURVEY NAIL`
W/WASHER EXISTING
't*RRONDONARIGHT—OF—WAY
SET SURVEY NAIL
5EE DETAIL "A"
yy/WAWIER PROPOSED --If �\
` •GORRONDONA RfGIiT—OF—WAY
SURVEY
RIGHT—OF—WAY tN01
P.O.B.
sET s/a'ut w/caP
GORRONDONA"
4 or
WHOLE PROPERN AND
LOCATION MAP
La1£
�
y Ole
-r/
F
PROPOSED
RIGHT-OF-WAY-
500 250 0 500
SCALE IN FEET
LINE TABLE
uNE
aEAraNc
DISTANCE
L—t
N 5T28 20
30.40
L-2
N 23'l3 56
rddddd
15.e7
L-3
S 58'40 48
215.13
L—4
2733 2
S 8
30.00
L-5
S 35'39 21
27.D1
N.T.S.
I
11 =N
PROPOSED Z
RIGHT-OF-WAY O
w� O
Z
co O U v0
X F-
LLJ
} �
C m
c W
W
Q
z
f _ $
REVISED AUGUST
ty o f Fo rt Wo I
1000 THROCK1{ORTON STREET . FORT WORTH, TEXAS 76102
Gi
ALLIANCE AIRPORT RUNWAY `��'`
EXTPa lV 01 UN PHASE VIII p � - :'
1.
ull
r
RIGHT-OF-WAY ACQUISITION RIC;HARD ICEfINEMII
TEXAS CHRISTIAN UNIVERSITY
GREENBERRY OVERTON SURVEY, ABSTRACT NO. 972 C 552 .
CROCKETT PERRY SURVEY $
ABSTRACT NO. 1031 q+�` L_`''
)N: CITY 0 FORT WORTH DENTON COUNTY TEXAS IIIIIIIIIdd
I NO. Q911-3597 DRAWN BY: RK CARD FILE: ALUANCERUNWAYEXTPHIB_EXHIBTIS ROO.OWG ���•�'• ' � ""-�'
E: JULY 18 2010 PAGE i OF 3 SCALE' 1' 500• TEXAS NO. 5527
GORRtN1DONA dt AssocvaEs, INC. • s707 BRENTYl0o0 srNR ROAD. SU1rE 50 FORT WORTH, TK. 7sT1z • 817-496-1424 FAK 617-49s-1788
G:
Part Twa
Being a 0.003 acre tract of land situated in the Greenberry Overton Survey, Abstract No. 972,
City of Fort Worth, Denton County, Texas, and being a portion of a tract of deeded to Texas
Christian University as recorded in Volume 1122, Page 638 of the Deed Records of Denton
County, Texas, said 0.003 acre tract of land being more particularly described by metes and
bounds as follows.
BEGINNING at $ 5/8 inch iron rod with cap stamped "GORRONDONA" set for corner in a southwest
tine of an 87.7627 acre tract of land (by deed) deeded to The Burlington Northern and Santa Fe
Railway Company as recorded in County Clerk's File No. 00-R0061774 of said Deed Records of
Denton County, Texas, said 518 inch iron rod with cap stamped "GORRONDONA" being in the
proposed west rigWof--way line of John Day Road, from which a 1/2 inch iron rod found for the most
southerly and westerly northwest comer of said 87.7627 acre tract of land bears North 35 degrees 39
minutes 21 seconds West, a distance of 601.93 feet;
THENCE South 35 degrees 39 minutes 21 seconds East, with a southwest line of said B7.7627 acre tract
of land, a distance of 22.18 feet to a 1/2 inch iron rod found for comer;
THENCE South OS degrees 11 minutes 04 seconds West, with a west line of said 87.7627 acre tract of
land, a distance of 19.93 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" set
for corner in the proposed west right-of4ay line of said John Day Road, said 5/8 inch iron
rod with cap stamped "GORRONDONA" being the beginning of a non -tangent curve to the
left having a radius of 926.00 feet, a central angle of 02 degrees 26 minutes 34 seconds and
whose chord bears North 16 degrees 22 minutes 30 seconds West, a chord distance of 39.48
feet,
THENCE with said non -tangent curve to the Ieft and with the proposed west right-of-way line of said
John Day Road, an arc length of 39.48 feet to the Ig®INT ®F BEG121NI1`7G0 and containing
139 square feet or 0.003 acres of land, more or less.
NOTES:
(1) A LEGAL DESCRIPTION OF EVEN SURVEY DATE
HEREWITH ACCOMPANIES THIS PLAT,
(2) BEARINGS ARE REFERENCED TO THE PROJECT
CONTROL FOR THE ALLIANCE RUNWAY EXTENSION
PHASE Ill. BEARINGS AND DISTANCES SHOWN ARE
SURFACE. SURFACE FACTOR FOR THIS PROJECT
1,000159672.
EXHIBIT No "
CROCKETT PERRY
SURVEY
ABSTRACT NO. 1031
CURVE TABLE
CURVEI RADIUS 1 DELTA CHORD BEARING CHORD ARC
C-2 926.00 02 26 4 N Inc 30 39*48P 1 39.4B
UNE TABLE
UNE
BFAILIN0
OTSTMCE
L--B
S 3539 21
22.18
L-7
I S 051 t 04
19,93
DETAIL
P.0.6.
SET 5/8"IR W/CAP
'GORRONDONA'
WHOLE PROPERTY AND
LOCATION MAP
881.5162 ACRES (BY DEED)
THE Id T. COLE FAMILY
`\ PARTNERSHIP 2, Lro
C.C.F. NO 2009-9-1 02750
D.R D.C.T.
Ar% EXISTING \`
RIGHT• -OF -WAY
om
SET S/8'IR '
W/CAP
"GORRONDONA"'-,
L-6
FND 1/21R
FND 1 /2"1R
— SURVEI' LINE —
TEXAS CIiRiSTUW UNNERSfTY
VOLAINE 1122, PACE 638
D,R.D.C.T.
PROPOSED
RIGHT-OF-W�
5)0 250 0 500
IN FEET
N.T.S.
-SEE DETAIL "B"
� N
APROPOS® Z
RIGHT-OF-WAY 0
� Z
ui z
oL)
>XF.
F.
: o? Za
zQ W
o9LLJ
REVISED AUGUST 30" 2010
Wog City o f Fo rt Worth
1000 THROCKNORTON STREET . FORT WORTH, TEXAS 76102
ALLIANCE AIRPORT R UNWYA Y fif
EXTENSION PHASEVIII. ` �R %
RiCHARD KENNEDY
r'\S 5527 aPyrQ
I N0. 0911-3897 1XtAWN BY: RK CADQ FILE: ALLUWCERUNWAYEXTPHIII_EXHIBITS ROO.DWG ""'�'^"'� �
E: JULY 16, 2010 PACE 2 OF 3 SCALE: 1' � 500' ND'
GORRONDONA k ASSOCIATES, INC. • 6707 BRENTW000 5TWR ROAD, SUITE 50 FORi WORTH, TX. 761}2 • 817-�96-1
f1,J
Part Three
Being a 0.153 acre tract of land situated in the Greenberry Overton Survey, Abstract No. 972,
City of Fort Worth, Denton County, Texas, and being a portion of a tract of deeded to Texas
Christian University as recorded in Volume 1122, Page 638 of the Deed Records of Denton
County, Texas, said 0.153 acre tract of land being more particularly described by metes and
bounds as follows:
COMMENCING at a 1/2 inch iron rod found for the most southerly and westerly northwest comer of
an 87,7627 acre tract of land (by deed) deeded to The Burlington Northern and Santa Fe Railway
Company as recorded in County Clerk's File No. 00-R0061774 of said Deed Records of Denton
County, Texas; THENCE South 35 degrees 39 minutes 21 seconds East, with the west line of
said 87.7627 acre tract of land, a distance of 624.12 feet to a 1/2 inch iron rod found for corner;
THENCE South 05 degrees 11 minutes 04 seconds West, with the west line of said 87.7627 acre
tract of land, a distance of 746.39 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" set
for the POINT OF BEGINNING, said 5/8 inch iron rod with cap stamped "GORRONDONA" being in
the proposed west right-of-way line of John Day Road;
THENCE South 05 degrees 11 minutes 04 seconds West, with the west line of said 87.7627 acre
tract of land, a distance of 232.04 feet to a 1/2 inch iron rod found for corner;
THENCE South 34 degrees 46 minutes 54 seconds West, with the west line of said 87.7627 acre tract of
land, a distance of 232.54 feet to a wis inch iron rod with cap stamped "GORRONDONA"
set for comer in the proposed west right -of --way line of said John Day Road, said 5/8 inch
iron rod with cap stamped "GORRONDONA" being the beginning of a non -tangent curve to
the left having a radius of 1145.00 feet, a central angle of 22 degrees 37 minutes 24 seconds
and whose chord bears North 19 degrees 59 minutes 57 seconds East, a chord distance of
449.17 feet;
THENCE with said non -tangent curve to the left and with the proposed west right -of --way line of said
John Day Road, an arc length of 452,10 feet to the POINT OF )BEGINNING, and
containing 6,652 square feet or 0.153 acres of land, more or less.
1�Totes:
(1) A plat of even survey date herewith accompanies this legal description.
(2) All bearings are referenced to the project control for the Alliance Runway
Extension Phase lII. All bearings and distances are surface. Surface factor for this
project = 1,000159672.
Revised August 30, 2010 �_..,
Date: July 16, 2010 ,-1-� U���
Richard Kennedy, R 'li 'E 27
Texas No. 5527 °Fess�°•; i�
SUR`��;
Page 4 of 4
NOTES:
(1}
A LECAL
DESCRIPTION OF EVEN
SURVEY GATE
HEREWMi
ACCOMPANIES THIS
PLAT.
(2) CCONTROLL FOR THE ALuANCE RUNWAY EXTENSION
PHASE III. BEARINGS AND DISTANCES SHOWN ARE
SURFACE, SURFACE FACTOR FOR THIS PROJECT
1.000159672.
uNE TABLE
UNE
BEARING
DISTANCE
L-8
S 0511
232.04
L-9
J,SW40054
ZJZR'
EXHIBIT "B"
CROCKETT PERRY
SURVEY
ABSTRACT NO. 1031
B81.5162 ACRES (BY DEED)
THE M. T COLE FAMILY
PARTNERSHIP NO 2, LP
C.C.F. NO 2009-102750
�oyN D.R.D.C.T.
`aq
� � 1P4Y�
EXISTiNG� \ `�
RIGHT-OF-WAY
500 250 0 500
SCALE IN FEET
P.O.C.
SURVEY LINE
TEXAS CHRISTIAN UNNERSI'IY
VOLUME 1122, PAGE 638
D.R.D.C.T.
GREENBERRY OVERTON SURVEY
ABSTRACT 110. 972 1P.O.B.
WHOLE PROPERTY AND
LOCATION MAP
RIGHT-OF-WAY
JO
OADAY
D
ONGBIRD
PROJECT
�PYy
Y WESfPORT
PARKWAY
HASLET
-.jl
VICINITY MAP
No.S.
R QSm P
RIGHT-OF-WAY
n
1/2"IR. FO
Q
S
O�
REI/ISED AUGUST
Gi ty o f Fo rt 1Na rt
1000 THROCKMORTON STREET • FORT WORTH, TEXAS 78102
ALLIANCE AIRPOR M R UNTYAY
EXTENSION PHASE VIII
R
1:I►7A:�l'1
E: JULY 18, 2010
I PAGE 7
OF
3
I SCALE: 1' � 500'
CORRONDONA do ASSOCIAl1S, iNC.
•
6707
BRENTWOOD STAIR ROAD, SUITE 50 FORT
'9�; ' T
F?Ir Aftp KENNE I�
TEXAS N0. 5527
12 • 817-496-1424 FAX 817-4A6-1768
n
PARCEL JAW* 9DE
PERMANENT DRAINAGE EASEMENT
ALLIANCE AIRPORT RUNWAY EXTENSION PHASE VIII
GREENBERRY OVERTON SURVEY, ABSTRACT NO.972
CROCKETT PERRY SURVEY, ABSTRACT NO.1031
CITY OF FORT WORTH
DENTON COUNTY, TEXAS
i �a'a7� Y ii131'F�i
Part One
Being a 0.099 acre tract of land situated in the Greenberry Overton Survey, Abstract No. 972,
City of Fort Worth, Denton County, Texas, and being a portion of a tract of land deeded to Texas
Christian University as recorded in Volume 1122, Page 638 of the Deed Records of Denton
County, Texas, said 0.099 acre tract of land being more particularly described by metes and
bounds as follows:
BEGINNING at a point in the west line of an 87.7627 acre tract of land (by deed) deeded to The
Burlington Northern & Santa Fe Railway Company as recorded in County Clerk's File No. 00-
10061774 of said Deed Records of Denton County, Texas, from which a 518 inch iron rod with
cap stamped "GORRONDONA" set for the intersection of the proposed west right-of-way line of
John Day Road with the west line of said 87.7627 acre tract of land bears South 00 degrees 32
minutes 50 seconds East, a distance of 218.26 feet;
THENCE North 81 degrees 31 minutes 49 seconds West, a distance of 42.37 feet to a point for
the beginning of a non -tangent curve to the right having a radius of 1313M feet, a
central angle of 08 degrees 04 minutes 40 seconds and whose chord bears North 12
degrees 30 minutes 31 seconds East, a chord distance of 185.24 feet;
THENCE with said non -tangent curve to the right, an arc length of 185.39 feet #o a point for
corner in the west line of said 87.7627 acre tract of land, from which a 1/2 inch iron
rod found for comer in the west line of said 87.7627 acre tract of land bears North 00
degrees 32 minutes 50 seconds West, a distance of 314.21 feet;
THENCE South 00 degrees 32 minutes 50 seconds East, with the west line of said 87.7627 acre
tract of land, a distance of 187.09 feet to the POINT OF BEGINNING, and
containing 4,318 square feet or 0.099 acres of land, more or less.
Page 1 of 6
VICINITY MAP
N T.S.
EXHIBIT "B"
TEXAS CHRISTIAN UNMMSITY
VOWNE 1122, PAGE 638
D.R,D.C.T.
04
100 50 0 100 101,
SCALE IN FEET
UNE TABLE
DISTANCE
L-1
N 61'J1 49
42.3
L-2
I S Olr32
IUMV
(f) A LEGAL DESCRIPTION OF EVEN SURVEY DATE HEREWITH
ACCOMPANIES THIS PLAT.
(2) BEAFUNGS ARE
ALLIANCE�RUNWAY TO THE
II�L BFJIRINGS AND DISTANCES SHOWN ARE SURFACE.
SURFACE FACTOR FOR THIS PROJECT 1.DD0159672.
'FNID 1/2'1R
r
N
MN] o
M.
Z
SEi 5/8iR W/CAP
'GORRONDONA'
REVISED SEPTEMBER 1, 2010
O�
Z Lu
Z
a
� m ��Utp
zQ�F
z�lU
�din LW
m�VI CU
WHOLE PROPERTY AND
LOCATION MAP
City
of Ford 1fNort
loon THROCKNolifON STREET . FORT WORTH, TEXAS 76102
ALLIANCP AIRPORT R UN yl'A Y
L'XTL'NSIION PHASE VIII
r Q + Fd r r
I'F'NNF
N0. 5527
E: JULY 16. 201O PACE 1 OF 5 SCAL_E• 1' � 100'
ODRRONOONA 6t ASSOCIATES, INC. • 6707 BRENTWOOD STNR ROAD, SUR£ 50 FORi WORTH, TX. 76112 • 817-•498-•1424 FAX 617^496^1
Part Two
Being a 0.019 acre tract of land situated in the Greenberry Overton Survey, Abstract No. 972,
City of Fort Worth, Denton County, Texas, and being a portion of a tract of land deeded to Texas
Christian University as recorded in Volume 1122, Page 638 of the Deed Records of Denton
County, Texas, said 0.019 acre tract of land being more particularly described by metes and
bounds as follows.
BEGINNING at a point in the west line of an 87.7627 acre tract of land {by deed) deeded to The
Burlington Northern & Santa Fe Railway Company as recorded in County Clerk's File No. M
R0061774 of said Deed Records of Denton County, Texas, from which a 1/2 inch iron rod found
for corner in the west line of said 87.7627 acre tract of land bears North 00 degrees 32 minutes
50 seconds West, a distance of 86.78 feet;
THENCE South 00 degrees 32 minutes 50 seconds East, with the west line of said 87.7627 acre
tract of land, a distance of 44.94 feet to a point for corner, from which a 5/8 inch iron
rod with cap stamped "GORRONDONA' set for the intersection of the proposed west
right -of --way line of John Day Road with the west line of said 87.7627 acre tract of
land bears South 00 degrees 32 minutes 50 seconds East, a distance of 587.83 feet;
THENCE South 81 degrees Ol minutes 29 seconds West, a distance of 19.94 feet to a point for
comer;
THENCE North 15 degrees 29 minutes 53 seconds West, a distance of 39.41 feet to a point for
corner;
THENCE North 69 degrees 03 minutes 34 seconds East, a distance of 25.56 feet to the POINT
OF BEGINNING, and containing 811 square feet or 0.019 acres of land, more or
less.
Page 2 of 6
mail
ff
EXHIBIT "B"
•/ I
FND
[I�
VICi[VfIY MAP
N.T.s. SEE DETAIL "A"
DETNL A'
TEXAS CHRISTIAN UNNERSRY
VOLUME tT22, PAGE 638
M kMC.T.
NOjES; SET 5/BiR W/CAP
'GORRONDONA'
(1) ACCOMPANIES THIS PLAT. EVEN SURVEY DATE HEREWffH
P
.O.B.
(2) BEARINGS ARE REFERENCED TO THE PROJECT CONTROL
FOR THE ALLIANCE RUNWAY EXTENSION PHASE ql. Ij(
BEARINGS ANb DISTANCES SHOWN ARE SURFACE.
SURFACE FACTOR FOR THIS PROJECT w 1.000159672. WHO PROPERTY AND
REVISED =r1mBER 10 Zulu LOCATION MAP
orWo City o f Fort Worth
10DO THROCKMORTON STREET • FORT WORTH, TEXAS 76102
LINE TABLE
LINE
BEARIIJG
DISTANCE
L.1
S 00432'50"E
44,94'
L-2
S 81001'29"W
13.94'.A
L-3
N 15'29'53"W
39,1
L-4
N
69'03'34'E
29456'
87.7627 ACRES (BY DEED)
THE BURLINGTON NORTHERN
k SANTA FE RAILWAY COMPANY
C.C.F. NO 00-R0061774
D.R.D,C.T,
GREENBERRY OVERTON
SURVEY
ABSTRACT N0, 972
150 75 0 150
SCALE IN FEET
ALLIANCE AIRPORT R UN yYA Y
EXTENSION PHASE YIII
SURVEY. ABSTRACT N0. 972
RICHARD KENNEDY
�00 5527 � 4t K
nvi
010
�mnwn
PAGE 2
en: rcrc
OF 5
LPvu riic: nLunrvIcnurvwArtx�rniu_cnrnwi nw.uw�
scaLE: 1� _ 150'
�•.• r.��r.a�r�r ,., w
TEXAS N0. 5527
it ASSOCIATES, INC.
• 8707
BRENTw00D STAIR ROAD, SUITE SD FORT WORTH, TX. 78112
• 817-498-1444 FAX 817-498-1788
Part Three
Being a 0.340 acre tract of land situated in the Greenberry Overton Survey, Abstract No. 972,
City of Fort Worth, Denton County, Texas, and being a portion of a tract of land deeded to Texas
Christian University as recorded in Volume 1122, Page 638 of the Deed Records of Denton
County, Texas, said 0.340 acre tract of land being more particularly described by metes and
bounds as follows.
BEGINNING at a point in the west line of an 87.7627 acre tract of land {by deed) deeded to The
Burlington Northern & Santa Fe Railway Company as recorded in County Clerk's File No. M
W061774 of said Deed Records of Denton County, Texas, from which a 1/2 inch iron rod found
for comer in the west line of said 87.7627 acre tract of land bears North 34 degrees 46 minutes
54 seconds East, a distance of 918.92 feet;
THENCE South 34 degrees 46 minutes 54 seconds West, with the west line of said 87.7627 acre
tract of land, a distance of 140.07 feet to a point for corner, from which a 1/2 inch
iron rod found for corner in the west line of said 87.7627 acre tract of land bears
South 34 degrees 46 minutes 54 seconds West, a distance of 462.72 feet;
THENCE North 68 degrees 16 minutes 45 seconds West, a distance of 130.82 feet to a point for
corner;
THENCE North 02 degrees 34 minutes 02 seconds West, a distance of 57.54 feet to a point for
corner;
THENCE North 87 degrees 25 minutes 58 seconds East, a distance of 244.21 feet to the PRINT
OF BEGINNING, and containing 14,800 square feet or 0.340 acres of land, more or
less.
EXHIBIT "B"
LINE TABLE
UNEI
BEARING
L—t
S 34'48
88 18 48
A2G4c2l
L-7
N 0?34 02
L-4
N 8T25
GREENBERRY OVERTON SURVEY
ABSTRACT NO. 972
TEKAS CHRISTUW UNNERSRY
VOLUME 1122, PAGE 638
0.R.D,C,T:
WHOLE PROPERTY AND
LOCATION MAP
REVISED SEPTEMBER 1, 2010
C•Yli►[�:A
FND 1/2'IR
I
P.o.eJ
NOTES:
FND 1/2'IR
67 7627 ACRES {BY PEED)
THE BURLINGTCN NORTHERN do
SANTA FE RAILWAY COMPANY
C.C,F. NO. OO—R0061774
D.R,D,C,T.
300 150 0 300
SCALE IN FEET
(1) A LEGAL DESCRIPTION OF EVEN SURVEY OATS HEREWNTi
ACCOMPANIES THIS PLAT.
(2) BEARINGS ARE REFERENCED TO THE PROJECT CONTROL
FOR THE ALLIANCE RUNWAY EXTENSION PHASE III,
BEARINGS AND DISTANCES SHOWN ARE SURFACE,
SURFACE FACTOR FOR THIS PROJECT m 1.000159672.
City o f Fo rt Worth
1000 THROCKMORiON STREET • FORT WORTH, TEXAS 70102
ALLIANCE AIRPORT R UNWA 1'
EX TENSION PHA SE VIII
OIU
1 PI1Gt 3
w
D
,
acnLt. _ �
� avu
_ -
At ASSOCIATES. INC.
•
6707
9RENTWOOD STAIR
ROAD, SURE 5O
FORT WORTH, T1t.
r s7 4 �
DW0 RICHARD KENi4Z ', ` RPLS
TEXAS NO. 5527
12 • 817-496-1424 FAX 817-498-1768
Part Four
Being a 0.353 acre tract of land situated in the Greenberry Overton Survey, Abstract No. 972,
City of Fort Worth, Denton County, Texas, and being a portion of a tract of land deeded to Texas
Christian University as recorded in Volume 1122, Page 638 of the Deed Records of Denton
County, Texas, said 0.353 acre tract of land being more particularly described by metes and
bounds as follows:
BEGINNING at a point in the west line of an 87.7627 acre tract of land (by deed) deeded to The
Burlington Northern & Santa Fe Railway Company as recorded in County Clerk's File No. 00-
W061774 of said Deed Records of Denton County, Texas, from which a 1/2 inch iron rod found
for corner in the west line of said 87,7627 acre tract of land bears South 05 degrees 11 minutes
04 seconds West, a distance of 312.42 feet;
THENCE North 84 degrees 48 minutes 02 seconds West, a distance of 97.86 feet to a point for
corner;
THENCE North OS degrees I I minutes 58 seconds East, a distance of 157.20 feet to a point for
corner;
THENCE South 84 degrees 48 minutes 02 seconds East, a distance of 97.82 feet to a point for
corner in the west line of said 87.7627 acre tract of 181d, from which a 1/2 inch iron
rod found for corner in the west line of said 87.7627 acre tract of land bears North 05
degrees I 1 minutes 04 seconds East, a distance of 508.80 feet;
THENCE South OS degrees 11 minutes 04 seconds West, with the west line of said 87.7627 acre
tract of land, a distance of 157.20 feet to the POINT OF BEGINNING, and
containing 15,380 square feet or 0.353 acres of land, more or less.
r
VICINITY MAP
N.T,S,
EXHIBIT "B"
PASSING AT 488.B7'-
5/8KIR W/CAP STAMPED
GORRONDONA" SET
IN THE PROPOSED
WEST ROW OF
JOHN DAY ROAD
Lz
$
PASSING AT 488,87'
5/B'tR W/CAP STAMPED
'GORRONDONA' SET
IN THE PROPOSED
WEST ROW OF
JOHN DAY ROAD Q='
CROCKETT PERRY
SURVEY
ABSTRACT NO. 1031
SURVEY L E
� \1
owCL
�
U z#gd
a
�Z dd
kez
0 150 0 300
m NO
SCALE IN FEET
TEXAS CHRISTI/W UNNERS(TY !I j•::� s � J
voLUME 1122, PAGE sae �;
D.R.a.c.r, dLti::a I
1
PASSNG AT 80.38'
5/8'Rt W/CAP SCANPED iv w
LINE TABLE GORRONDONA" SET • wee
LINE BEARING DISTANCE IN THE PROPOSED M«
WEST ROW OF "�
L-1 N 84'48'58 97,88 JOHN DAY ROAD
L-2 N 05911 58 E 157.20 f
L-J S 84'48 02 97,82 FND t f2'1R 1f
L-4 S GYI1'04'W 157,20
WHOLE PROPERTY AND
LOCATION MAP
REVISED SEPTEMBER 1, 2010
GREENBERRY OVERTON SURVEY
ABSTRACT N0. 972
I
NOTES:
ACCOMPANIES
PROPOSED (1) A LEGAL DESCRIPTION OE EVEN SURVEY DATE HEREWRH
RIGHT—OF—WAY THIS PLAT.
JOHN DAY ROAD (2) BEARINGS ARE REFERENCED TO THE PROJECT CONTROL
/ FOR THE AWANCE RUNWAY EXTENSION PHASE III.
SWINGS AND DISTANCES SHOWN ARE SURFACE,
SURFACE FACTOR FOR THIS PROJECT + 1.OGO159672.
Gity of Fort Worth
5000 THROCKMORTON STREET • FORT WORTH, TEXAS 78102
ALLIANCE' AIRF DR T R UN WA Y
EXTENS'IDN PHASE VIII
FILE ALLIANCERUN
L' JULT 7•, La IU
1 rAGt ♦
UI•
D
I ��.4' �
s ��
GORRONpOIiA 8c ASSOCNTES, 1NC.
•
6707
BRENTWOOD $(AIR
ROAD, SUITE
5D
FORT
TX. 76112 • 817-468—
�6LA
HARD krlvNEraY �
RPL
5527 v
.5
27
FAX 817-496-t768
Part Five
Being a 0.539 acre tract of land situated in the Greenberry Overton Survey, Abstract No. 972 and
the Crockett Perry Survey, Abstract No. 1031, City of Fort Worth, Denton County, Texas, and
being a portion of a tract of land deeded to Texas Christian University as recorded in Volume
1122, Page 638 of the Deed Records of Denton County, Texas, said 0.539 acre tract of land being
more particularly described by metes and bounds as follows:
BEGINNING at a point in the west line of an 87.7627 acre tract of land (by deed) deeded to The
Burlington Northern & Santa Fe Railway Company as recorded in County Clerk's File No. 00-
W061774 of said Deed Records of Denton County, Texas, from which a 1 /2 inch iron rod found
for the most southerly northwest corner of said 87.7627 acre tract of land bears North 35 degrees
39 minutes 21 seconds West, a distance of 507.50 feet;
THENCE South 35 degrees 39 minutes 2l seconds East, with the west line of said 87.7627 acre
tract of land, a distance of 94.44 feet to a 5/8 inch iron rod with cap stamped
"GORRONDONA" set for corner in the proposed west right-of-way line of John Day
Road, said 5/8 inch iron rod with cap stamped "GORRONDONA" being the
beginning of a non -tangent curve to the right having a radius of 926.00 feet, a central
angle of 02 degrees 26 minutes 34 seconds and whose chord bears South 16 degrees
22 minutes 30 seconds East, a chord distance of 39.48 feet, from which a 1/2 inch
iron rod found for corner in the west line of said 87.7627 acre tract of land bears
South 35 degrees 39 minutes 21 seconds East, a distance of 22.18 feet;
THENCE with said non -tangent curve to the right and with the proposed west right-of-way line
of said John Day Road, an are length of 39.48 feet to a 5/8 inch iron rod with cap
stamped "GORRONDONA!' set for corner in the west line of said 87,7627 acre tract
of land;
THENCE South OS degrees 11 minutes 04 seconds West, with the west Line of said 87.7627 acre
tract of land, a distance of 316.83 feet to a point for corner;
THENCE North 17 degrees 50 minutes 22 seconds West, a distance of 187.21 feet to a point far
corner;
THENCE South 72 degrees 09 minutes 38 seconds West, a distance of 40A0 feet to a point for
corner;
THENCE North 17 degrees 50 minutes 22 seconds West, a distance of 60.59 feet to a point for
THENCE North 55 degrees 46 minutes 23 seconds East, a distance of 125.51 feet to a point far
the beginning of anon -tangent curve to the left having a radius of 883.00 feet, a
central angle of 08 degrees 50 minutes 08 seconds and whose chord bears North 18
degrees 53 minutes 47 seconds West, a chord distance of 136.03 feet;
Page 5 of 6
THENCE with said non -tangent curve to the left, an arc length of 136.17 feet to a point for
corner;
THENCE North 66 degrees 4l minutes 09 seconds East, a distance of 1 g.21 feet to the P®INT
OF BEGINNING, and containing 23,467 square feet or 0.539 acres of land, more or
less.
Notes:
(1) A plat of even survey date herewith accompanies this legal description.
(2) All bearings are referenced to the project control for the Alliance Runway
Extension Phase III. All bearings and distances are surface. Surface factor for this
project = 190001596726
Revised September 1, 201 � ,
Date: 3uly 26, 2010 ,-=%�'`'pF L
E
Richard Kennedy;
Texas No. 5527
Page 6 of 6
EXHIBIT "B"
881.5162 ACRES (BY p�ED)
\ THE M. T. COLE FAMILY PARTNERSHIP NO 29 LP
\ C.C.F. NO 2009-102750
\ D.R.D.C.T.
300 150 0 300
SCALE IN FEET
\
FND 1/21R �\
'
L-
sGRv�r urrE - -
GREENBERRY OVERTON SURVEY -
ABSTRACT NOV. 972
SET 5/80IR 1661% TEXAS CHRISTIAN UNIVERSITY
W/CAP VOLUME 1122, PAGE OM
"GORRONDONA" D.R,D.C.T.
1`
n
NOTtS:
LINE TABLE
(1) A LFGAL DESCRIPTION OF EVEN SURVEY DATE
ACCOMPANIES THIS PLAT.
�ry
(2) BEARINGS ARE REFERENCED TO THE PROJECT CONTROL ^
FOR THE ALLIANCE RUNWAY EXTENSION PHASE ftl,
BEA1ipNG5 ANp DISTANCES SHOWN ARE SURFACE.
SURFACE FACTOR FbR THIS PROJECT = 1.00D159672. WHOLE PROPERTY AND
REVISED SE" MBER 1, 2010 LOCATION MAP
xrWo City o f Fort Worth
1000 THROCKMORTON STREET • FORT WORTH, TEXAS 76102
CROCKETT PERRY
SURVEY
ABSTRACT NO. 1031
ALLIANCE AIRPORT R UNWA Y
EXJ Z.1V0IDN PHASE VIII
SITY
t... �t.i s r,
�Ct RO KENNE DY
65027�T41,Q� ,
��f�••�. ""1. Ala '
�• .IFS
Q• 552
E: DULY 1B, 2010
PAGE 5 OF 5
SCALE. T" . 30D`
CORRONDONA Qt ASSOCNTES, tNC.
• 6707
BREPTTWOOD STWR RpAD, SURE 50
FORT WORTIi, TX. 78112 • 817-�Bb-142+ FAX 817-486-17B8
1
rEMPORARY CONSTRUCTION EASEMENT
! 1
MOCKETT PERRY SURVEY, ABSTRACT NO,
OF 1 WORTH
)ENTON COUNTY,
EXHIBIT uA"
Being a 0.221 acre tract of land situated in the Crockett Ferry Survey, Abstract No. 1031, Gity of
Fort Worth, Denton County, Texas, and being a portion of a tract of land deeded to Texas
Christian University as recorded in Volume 1122, Page 638 of the Deed Records of Denton
County, Texas, said 0.221 acre tract of land being more particularly described by metes and
bounds as follows.
BEGINNING at a point in the southwest line of an 87.7627 acre tract of land (by deed) deeded
to The Burlington Northern and Santa Fe Railway Company as recorded in County Clerk's File
No. MR0061774 of said Deed Records of Denton County, Texas, said point for corner being the
beginning of a non -tangent curve to the left having a radius of 916.00 feet, a central angle of 02
degrees 23 minutes 12 seconds and whose chord bears North 52 degrees 52 minutes 47 seconds
West, a chord distance of 38.15 feet, from which a 1I2 inch iron rod found for corner in the
southwest line of said 87.7627 acre tract of land bears South 35 degrees 39 minutes 21 seconds
East, a distance of 562.20 feet;
T%IENCE with said non -tangent curve to the left, an arc length of 38.15 feet to a point for
corner;
THENCE South 35 degees 5S minutes 37 seconds West, a distance of 11.00 feet to a point for
the beginning of anon- tangent curve to the left having a radius of 905.00 feet, a
central angle of 12 degrees 41 minutes 39 seconds and whose chord bears North 60
degrees 25 minutes 12 seconds West, a chord distance of 2000101
THENCE with said non -tangent curve to the left, an arc length of 200.51 feet to a point for
corner;
THENCE North 66 degrees 46 minutes 02 seconds West, a distance of 199.52 feet to a point for
THENCE North 23 degrees i3 minutes 58 seconds East, a distance of 26.59 feet to a point for
comer in the existing southwest right -of --way line of John Day Road {an undedicated
right-of-way);
THENCE South 66 degrees 32 minutes 02 seconds East, with the existing southwest right-of-
way line of said John Day Road, a distance of I69.52 feet to a S/8 inch imn rod with
cap stamped "0 RRONDONA" set for the intersection of the proposed southwest
Page 1 of 2
right -of --way line of said John Day Road with the existing southwest right -of --way line
of said John Day Road;
`I1 PQI T�lcr" South 57 degrees 29 minutes 20 seconds East, with the proposed southwest right-of-
way line of said John Day Road, a distance of 30.40 feet to a 5/8 inch iron rod with
cap stamped "GORRONDONA" set for the beginning of a non -tangent curve to the
right having a radius of 926.00 feet, a central angle of 13 degrees 03 minutes 07
seconds and whose chord bears South 60 degrees 14 minutes 28 seconds East, a chord
distance of 210.49 feet;
THENCE with said non -tangent curve to the right and with the proposed southwest right -of --way
line of said John Day Road, an arc length of 210.94 feet to a point for comer in the
southwest line of said 87.7627 acre tract of land, from which a 1/2 inch iron rod found
for the most southerly northwest comer of said 87.7627 acre tract of land bears North
35 degrees 39 minutes 21 seconds West, a distance of 27.81 feet;
THENCE South 35 degrees 39 minutes 21 seconds East, with the southwest line of said 87.7627
acre of tract of land, a distance of 34.11 feet to the POINT OF BEGINNING, and
containing 9,629 square feet or 0.221 acres of land, more or less.
Notes:
(1) A plat of even survey date herewith accompanies this legal description.
(2) All bearings are referenced to the project control for the Alliance Runway
Extension Phase III. All bearings and distances are surface. Surface factor for this
project = 1.000159672.
Date: July 24, 2010
iP
Richard Kennedy;
Texas Na. 5527
SUR`l
Page 2 of 2
N.T.S.
goy EXHIBIT
N �
'D�
EXISTING
RIGHT—OF—WAY
DETAIL "A"
SET 5/8"IR
w/caP
"GORRONDONA"
TEXAS CHRISTVW UNNERSTIY L—�—
VOUAIE 1122, PAGE 638
D.R.D.C.T. Ci l
P.O.B.
NOTES:
(1) A LEGAL DESCRIPTION OF EVEN SURVEY
DATE HEREWITH ACCOJdPANIES THIS PLAT.
(2) BFN21NG5 ARE REFERENCED TO THE
PROJECT CONTROL FOR THE ALLIANCE
RUNWAY EXTENSION PHASE III, BEARINGS
AND DISTANCES SHOWN ARE SURFACE
SURFACE FACTOR FOR THIS PROJECT
1.000168672,
SEE DETAIL "A"
t
CROCKETT PERRY
SURVEY
ABSTRACT NO.
*641 1031
SURVEY LINE
k
8T62
C C f ^,o 0 ?�/C yrpr pF f p
\ ao
?Op cp 4 p V
PROPOSED
RIGHT—OF—WAY
s\ JOHN DAY ROAD
GREENBERRY
1/2NMI OVERTON SURVEY
ABSTRACT NO. 972
UNE TABLE
L NE
BEARING
D19TANCE
L-1
S 35• 37
11.00
L--Z
N 23"13 SB
M59
-J
$ rM 20
0 4
L�
S 35'39
11
L-S
N 3539 21
27 B1
CURVE TABLE
CURVE
RADIUS
DELTA
CNORD BEARING
CHORD ARC
C-1
914.
072312
N 37
38 S 38013
C 2
905.00
12.41 39
N $0'2S 2
200.10 200.51
C-3
92e.
13"03 0
S BO"14 28
MOT 210.94
11 1 1 11
z_
ro"wofm City of Fort Worth
1000 T'HROCKI{ORFON STREET • FORT WORTH, TEXAS 76102
ALLIANCE AIRPORT RUNWAY '0 F
EXTENSION PHASE YIII ��4�`'� �RFa+myL
TEMPORARY
CONSTRUCTION 4 RICHARD KENNEDY
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ABSTRACT NO. 1031 \ ••.AMC I l
NTON COUNTY, TEXAS J�
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GORRONDONA k ASSACIATES,INC. • 6707 6RENTwoOD sTaR ROAD, SUITE 50 FORT wORTN, 1X. 75112 • 817^498-1424 FAX 81
Property Map
John Day Road
City Project No. o096o DOE -it 6314
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