HomeMy WebLinkAboutContract 12840 U.S.Deparlment Southwest Region P.O.Box 1689
of Transportation Arkansas,Louisiana, 4400 Blue Mound Road
New Mexico,Oklahoma, Fort Worth,Texas 76101
Federal Aviation Texas
Administration
DEC 15 1992
Mr. Robert L. Herchert
City Manager CITY SECRETARY
1000 Throckmorton Street
Fort Worth, TX 76102 �0 `�'�� �0' `�
Dear Mr. Herchert:
This is in response to your request for release of all property on Greater
Southwest International Airport from the terms and conditions of certain
grant agreements with the Federal Aviation Administration (FAA) .
Such a release must be subject to certain conditions, so that in any
instrument conveying the released property to a third party the follotiaing
conditions and restrictions, among others, are imposed:
1. The city of Fort Worth will reserve for itself, for the use and
benefit of the public, a right of flight for the passage of aircraft in
the airspace above the surface of the land conveyed, and the right to
cause in said airspace any noise inherent in the operation of aircraft,
now known or hereafter used, for navigation or flight in the air using
said airspace for landing at, taking off from, or operating on the Dallas/
Fort Worth Regional Airport.
2. The city of Fort Worth will reserve to itself, its successors and
assigns, a continuing right and easement over the land conveyed to take any
action it deems necessary to prevent the construction, erection, alteration
or growth of any structure, tree or other object in the vicinity of the
runways at Dallas/Fort Worth Regional Airport which would constitute an
obstruction to air navigation according to the criteria or standards
prescribed in Section 77.23; as applied to Section. 77.25, Part 77, of the
Federal Aviation Regulations, or as set forth by the Airport Zoning Ordin-
ance of the Dallas/Fort Worth Regional Airport - Ordinance 71-100 as
approved and adopted by the Dallas/Fort Worth Joint Airport Zoning Board
of the Dallas/Fort Worth Regional Airport on December 6, 1971.
3. The city of Fort Worth will reserve for itself, its successors
and assigns, the right to prevent any use of the conveyed land which would
interfere with the landing or taking off of aircraft at the Dallas/Fort Worth
Regional Airport or otherwise constitute an airport hazard.
In this instant matter the released property is to be conveyed to a known
third party. The Option to Purchase Land between the city of Fort Worth,
Texas, and CentrePort Joint-Venture, executed June 5, 1980, for all purposes
fully satisfies the foregoing required conditions and restrictions.
017FUTIAL RECORD
PVY SErY
n a
.FT. '�VSPIT 7, TEX.
Therefore, a release is hereby granted from the terms and conditions of
the grant agreements for the Federal aid projects identified in the
enclosure to this letter insofar as they affect the property described
in the same enclosure, subject to the following conditions:
1. In the event the released property is to be conveyed by the city
of Fort Worth,. Texas, to a third party other than CentrePort Joint-Venture,
its permitted successors and assigns, or pursuant to an agreement other than
the Option to Purchase Land executed June 5, 1980, then that instrument of
conveyance will include those conditions and restrictions. 1, 2, and 3
stated above.
2. -The city of Fort Worth will spend, without Federal participation,
within 7 years of the date of this release the amount of $3.1 million on
items of airport development at city-owned airports, such items to be
approved in writing by the Federal Aviation Administration or its successor
in function. In that regard, $1.1 million of the total cost of the proposed
realignment of North Main Street is considered to comply with those
requirements.
The signature in the acceptance space of the official authorized by
appropriate resolution of the governing body of the city of Fort Worth,
Texas, to act for it in accepting this release will evidence agreement to
the above terms. Please return two executed copies of this release to
this office.
Sin erely,
604t/
ohn A. Dufficy
Enclosure Manager, Airports Division
Accepted this � (� day of �� 19 �.
City of Fort Worth, Texas
By:
Title: City Manager
CERTIFICATE
This is to certify that the foregoing is a valid and binding agreement of
the named Sponsor. This certificate shall be valid for all purposes.
Signature: APPROVED BY CITY COUNCIL
Title: City Attorney
City Secretary
Date: �-- ��/' �a J°?a -D
Date
LLrrER OF RELEASE
ENCLOSURE
Project Number Date Accepted
9-41-085-801 8/25/48
9-41-085-802 11/2/49
9-41-085-003 2122/50
9-41-085-004 6/21/50
9-41-085-005 6/28/SO
9-41-085-106 11/15/50
9-41-085-107 11/15/50
9-41-085-108 6/27/51
e
9-41-085-209 3/19/52
9-41-085-310 5/6153
9-41-085-311 6/29/53
9-41-085-512 3/2155
9-41-085-5713 3/6/57
9-41-08S-6114 9/30/60
9-41-085-6115 6/30/61
9-41-08S-C216 6/25/62
9-41-085-017 6/12/63
%A
All land acquired at Greater Southwest International Airport under
any of the above projects or included in any project .by Exhibit "A."
City of Fort Worth, Texas
Mayor®r and Council Communication
°DAT REFERENCE SUBJECT: Release of City-owned Pro ert PAGE
1,2FJ2$/$2 NUMBER Y Property
* G-ER from FAA Contractual Terms and 1
�__
Conditions 1 of
Background
For a. number of years, the City of Fort Worth purchased and improved land at
Greater Southwest International Airport with certain grant monies provided by
the Federal Aviation Administration (FAA) . The property is now under option for
sale to CentrePort Development Company, and the City and the FAA have been
negotiating the release of this property from any and all conditions and terms
of the FAA grant agreements. The FAA has now agreed to execute such a release,
and the manager of the FAA. Airports Division, Mr. John Dufficy, has requested
that the City accept such .a release. The specific terms of the release are
contained in the attached resolution.
The terms have been reviewed by the City Manager's Office and the City Attorney's
Office, and both join in making the following recommendation.
Recommendation
In order to release the property which was formerly the site of GSIA from the
terms and conditions of any and all FAA grant agreements, it is recommended that
the 'City Council adopt the attached resolution.
MCMtkc
Attachment
SUBMITTED FOR
CITY MANAGER'S DISPOSITION BY COUNCIL: PROCESSED BY
OFFICE BY: 9 ' �� ❑ APPROVED
ORIGINATING [ OTHER (DESCRIBE)
DEPARTMENT HEAD: Wade Adkins CITY SECRETARY
FOR ADDITIONAL INFORMATION
COIVTACT; Mike Bailey Ext. 7613 DATE