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HomeMy WebLinkAboutResolution 2968;~ f A Resolution NO ~ro~ A RESOLUTION PASSED BY THE CITY COUNCIL OF FORT WORTH, TEXAS DECLARING A TRACT OF LAND AT DFW INTERNATIONAL AIRPORT UNWANTED AND UNNEEDED FOR AIRPORT PURPOSES, ORDERING THE SALE OR EXCHANGE OF THIS PROPERTY BY COMPETITIVE BIDDING, AND AUTHORIZING COSTS WHEREAS, the Cities of Fort Worth and Dallas Texas (Owner Cities ') own all land within the boundaries of Dallas/Fort Worth International Airport (Airport ') including approximately 30 4 acres of vacant land located within the boundaries of Dallas/Fort Worth International Airport on the west side of .State Highway 360 north of State Highway 183 in Euless Texas and WHEREAS, on June 5 2003 the Dallas Fort Worth International Airport Board ("Board') has declared this tract of Land unneeded and unwanted for airport purposes and WHEREAS, the 1968 Contract and Agreement between the Owner Cities and the 1968 Regional Airport Concurrent Bond Ordinance requires the approval of the Owner Cities to dispose of surplus tracts of land in compliance with the Local Government Code of the State of Texas and WHEREAS, the Board desires a declaration from the Owner Cities that this tract is unneeded and unwanted for Airport purposes and WHEREAS, the Board desires approval from the Owner Cities to advertise this surplus tract of land for sale or exchange through competitive bidding and WHEREAS, said tract of land must be disposed of by sealed bid in compliance with State law and WHEREAS, the surplus DFW tract is encumbered with a reservation that stipulates that Dearing Inc or Mrs William R Dearing or her descendants shall have an option to repurchase said DFW tract should it be permanently abandoned, at the then current market price as determined by arbitration if the parties cannot agree as to the value and WHEREAS, the Dearing family has agreed to release the conditional repurchase option in exchange for $23 000 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS Section. 1 That the DFW tract of land containing 30 4 acres and located within the Airport s boundaries is declared unneeded and unwanted by acceptance of the Board Resolution dated June 5 3002 Resolution # 2003 06 216 and should be advertised for sale with a minimum bid of $3 973 000 00 Section 2 That DFW Board is authorized to advertise said property for sale or exchange by competitive bidding after submitting advertisement to Owner Cities for approval Section 3 That the advertisement of this property shall state a} Minimum bid is $3 973 000 00 b) the Owner Cities reserve the right to reject any and all bids received c) the conveyance of the DFW tract shall be subject to the reservation of an avigation easement to be retained by the Owner Cites and any visible and apparent easements and any covenants conditions reservations restrictions easements mineral interests or instruments of record d) bids may be cash or real property however land offered in exchange for the DFW surplus tract must be tracts of land that are deemed necessary to the west side expansion of the airport and must be conveyed to the Cities of Dallas and Fort Worth free and clear of liens and encumbrances subject only to those title exceptions as are approved by the Board and the City Attorneys of the Cities of Dallas and Fort Worth The Property shall be free and clear of all leases and agreements except those disclosed to and approved by the Cities and the Board e) the conveyance of the DFW tract shall be by special warranty deed, 131' ~~' ~~~~ ~~~ f) the Cities expressly disclaim any warranty or representation express or implied, of condition, merchantability marketability and fitness or use for a particular purpose with respect to the DFW surplus tract The Cities further make no representations of any nature regarding the surplus DFW tract and specifically disclaim any warranty guaranty or representation, oral or written, express or implied past, present or future concerning (i) the nature and condition of the surplus DFW tract, including without limitation, the water soil and geology and the suitability thereof for any and all activities and uses which the Purchaser may elect to conduct thereon, and the existence of any environmental substances hazards or conditions or presence of any endangered or protected species thereon or compliance with all applicable laws rules or regulations (ii} the nature and extent of any right-of way lease possession, lien encumbrance license reservation, condition or otherwise (iii} the compliance of the surplus DFW tract or its operation with any law ordinance or regulation of any federal state or local governmental authority and (iv) whether or not the surplus DFW tract can be developed or utilize for any purpose For purpose hereof environmental substances means the following (a) any `hazardous substance under the Comprehensive Environmental Response Compensation and Liability act of 1980 42 U S C A, Section 9601 et al. seg as amended, (b) any `hazardous substance under the Texas Hazardous Substances Spill Prevention and Control Act, Tex Water Code Section 26 261 et sea as amended (c) petroleum or petroleum based products (or any derivative or hazardous constitutents thereof or additives thereto) including without limitation fuel and lubrication oils (d) any `hazardous chemicals or `toxic chemicals under the Occupational Safety and Health Act, 29 U S C A Section 651 et se as amended (e} any `hazardous waste under the Resource Conservation and Recovery Act, 42 U S C A Section 6901 et se as amended, (f) asbestos (g) polychlorinated biphenyls (h) underground storage tanks whether empty filled, or partially filled with any substance (i) any substance the presence of which is prohibited by federal state, or local laws and regulations, and (j) any other substance which by federal state or local laws or regulations requires special handling or notification of governmental authorities in its collections storage treatment or disposal References to particular acts or codifications m this definition include all past and future amendments thereto as well as applicable rules and regulations as now or hereafter promulgated thereunder and g) the conveyance of the DFW surplus tract will be contingent upon the obtaining of a release of the conditional repurchase option held by Dearing, Inc The successful purchaser will be required to pay m addition to the bid amount an additional $11 500 00 to be used to obtain the release of the conditional repurchase option Section 4 That the approvals and authorizations contained in this resolution are conditioned upon approvals and authorizations by the City Council of Dallas Section 5 That this resolution shall take effect from and after its passage by the City Council of the City of Fort Worth m accordance with the provisions of the Charter of the City of Fort Worth and approval of a similar resolution by the City Council of Dallas and rt is accordingly so resolved Adopted this ~ sE ___, day of `_ __~ ___ 2003 APPROVED AS TO FORM AND LEGALITY GG:GeI~L' ~%%~ City Attorney ATTEST. „# ? y4' i ~ y R-• City Sec etary ,., L ~t w ~~y~..