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Home My WebLink AboutResolution 2690A Resolution RESOLUTION NO ~~9d WHEREAS on November 16 2000 the D/FW International Airport Board passed a resolution determining that certain leasehold property rights are needed for airport expansion, requesting the Cities of Fort Worth and Dallas, Texas to Jointly acquire for the Airport Board such leasehold Property rights for airport expansion purposes, and agreeing to fund all costs associated with this acquisrtion, and WHEREAS, as required by the Airport Use Agreement, a MaJority In- Interest of D/FW Airport's Signatory Airlines (including American Airlines and Delta Airlines) have approved the expenditure of such Airport Board funds to acquire the Property NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH. SECTION 1 That, pursuant to the request of the Airport Board and subJect to the conditions of this resolution, the acquisition of the leasehold, as specified m the attached Exhibits A and B attached hereto and made a part thereof, is approved and accepted on the condition that the Airport Board has assumed responsibility for all consideration, including but not limited to, title expenses, closing costs, court costs and filing fees, appraisal costs, expert appraisal testimony court costs, any necessary replacement housing costs in accordance with the Uniform Relocation Assistance and Real Property Acquisition Pohc~es Act of 1970 and applicable regulations, and all other costs, fees and expenses, associated with the acquisition of the Property which costs, fees and expenses shall be paid from the proceeds of the D/FW Airport Joint Revenue Bonds or from any other available Airport Board fund. SECTION 2 That, following approval as to form by the two Cities Attorneys, and the correction of any errors m the description of the Property the City Manager is authorized to accept, subJect to the conditions contained m this resolution, a General Warranty Deed, Special Warranty Deed or any other type of legal document deemed necessary to convey the Property andJor Leasehold interest Jointly to the Cities. SECTION 3 That the Property description, the Cities resolution and the Airport Board resolution be forwarded to a title insurance company for preparation of instruments necessary for closing, which will be forwarded to CITY OF FORT WORTH the two Cities Attorneys for approval as to form, and subsequent to closing, filed in the Tarrant County Deed Records, and thereafter returned to the Cities for permanent record. SECTION 4 That the Cities are to have possession of all of the acquired Property on closing. SECTION 5 That following approval as to form by the City Attorneys of the two Cities and subJect to the terms of this resolution, the City Manager is authorized to execute such additional instruments as necessary in connection with the acquisition of the Property SECTION 6 That pursuant to the request of the Airport Board and in accordance with the conditions of this resolution, rt is determined that public necessity requires additional improvements to the D/FW International Airport and that the Cities should acquire the Property which is necessary for the expansion of D/FW International Airport. SECTION 7 That for the purpose of acquiring the Property the Property Management Manager or the designee, is authorized and directed to offer an amount based on an independent appraisal (s) of fair market value to the respective owner fisted on Exhibit C SECTION 8 That m the event that the Owner reJects the Offer the Cities have determined to appropriate the Property m the name of the Cities under the laws of eminent domain and the provisions of the Charters of the Cities. SECTION 9 That, should the employee designated to make the Offer report to the City Attorney that the Owner has refused to accept the Offer this will be evidence that the Cities cannot agree with the Owner as to the damages legally allowable. In such event, the City Attorneys are authorized and requested to file the necessary suit (s) and take the necessary action(s) for the prompt acquisition of the Property m condemnation or m any manner provided by law SECTION 10 That should it be subsequently determined that additional persons other than those named m Exhibit C have an interest m the Property then and in that event, the City Attorneys are authorized and directed to Jom said parties as defendants m said condemnation suit(s) CITY OF FORT WORTH SECTION 11 That the term `Owner" m this resolution means all persons having an ownership interest in the Property regardless of whether those persons are actually named in Exhibit C In the event of a conflict between this Section and Exhibit C, this Section controls. SECTION 12 That the condemnation is authorized pursuant to an agreement between the Airport Board and the Owner estabhshmg a minimum purchase puce of $27 000 000 and a maximum purchase puce of $45 000 000 regardless of the amount actually awarded, plus interest accruing during appeal at 10% of any amount of dust compensation, as finally determined on appeal, but not paid to condemnee upon possession. SECTION 13 That the Airport Board shall issue a check or checks sufficient to cover the amount of the Special Commissioners award, subject to the above stated limitations, which shall include any payment to the Owner made prior to a Special Commissioners hearing to secure possession of the Property and any payment to the Owner directly or to the County Clerk of Tarrant County for deposit into the registry of the Court, to enable the Cities to take possession of the Property without further action of the Crty Council. SECTION 14 That in the event a subsequent settlement, fury award, or appellate award alters the Special Commissioners award, the Airport Board shall issue a check in satisfaction of such settlement or award, subject to the above stated limitations, made payable to the Owner or other party determined by the Court to be entitled to the proceeds. SECTION 15 That the approvals and authorizations contained m this resolution are conditioned upon approval by the Dallas Crty Council of the ~omt acquisition of the Property SECTION 16 That this resolution shall take effect immediately from and after its passage m accordance with the provisions of the Charter of the Crty of Fort Worth and it is accordingly so resolved. Approved this day of ~,2c,, 2000 ~pRQ~j~~ rty Secre ry p~C 12 zooo City ~r~tmzy ak YI~~ C@t~ o€ F®rY bd'cn2Ya,'c~azs, ~+j Jl ~ yr r VYi 1 YY VK7Ct1 ,~ ,~ ~ F._ d~~r ~ EXHlBlT "A" T~cT , TRAC `` ` ~ .v ~, ~ ~ ~,. ,,., . - ,•'~ y~•;• ~~4~ T2 ~ `'"- DETA~L N W E S HYATT HOTEL -WEST TOWER TRACT 1, pAE3CEl. 7 WF.S'T ~"QWER t gEiNG a 6,834 acre tract of land situated to tfie HettrY AtkinsrYn Survey Absffacx Na. 36, 7srran; County. Texas, end being as i~~ of that cerl^aits tract of land as described by Deed to Gity ai ~oR Worth artd s^er.etQed In Vardrpe 41;84. Pa9c 630, peed Retvrda, TaI'rant Ciavrty, Texa$, said 5.934 aa'8 tract of laAd being mare paciiculariy described by metes anti bounds as fellows: Ct?MIvIENCING at the "A;rpoR Reference i~iirit s~/F1N 1973," a brass sap set ire usncreta curb. having established grid oaardiRaT.~s pfi X ~ 2;'144,997.46,1/ -447.856.04, North Central Znrta of the Texas Stele Plane R.arr~beriE Csxrdtrta~ Systefn, ClallaslFoc-c Worth Airport D+~turri; THEt+ICE Ne~lt, d68.SG feet; -i7-lEN~ West, 2&3.46 f®at to a P.K. nail wld't ~hlrter set Fri Asphalt Dtlve, file Po-rit of i3egfnning of xha llerelrt tte5crt~ed lease Area "7"• THENCE Scauii7, 472.OQ feat to ~ P.1C, mall witi~ shifter sat in Asphalt Dr1wa; TM~CE South 28 degrees C14 frs~ltat9S 21 seconds West. 85.00 feet to a 5/$ ir~h iron rod with cap 5tamp8d "l~artier and Bsrreess" eery 'n-tEI~iCE West, 37q. i8et ts~ a b/B incfl kon and with cap staatped "Ca,~r and l~urgess• ser, the boginn'urg afi a tar~ent Gtrrva w the riy~it;, whale radius is 29~i-4Q feat and wfiase tone chard boars Narrh 4b tterjteos 04 minutes {}0 seconds tlVesx, 4Z 5,78 teen 'fH~iC>r atone said ~,~ngent curv® So the c'~ght in a Norchwestedy dtr®cricrn thraogh a csrttrat ary6le of • BO degrees d0 mintrtas bt7 secoClds and 134 arF fengtft of 461.131 feet to a P.K. nail wirl'i shiri~t sot in AspheYk Prive, rite ettr~ ref lair! cures and the beginnin~ a=' a cam/sound curve to the right, whale radius is 328.04 feel and whose long Fhord bears North 3 degrees.ot7 rn~nutes 04 seconds 1_aSt, 52$.00 feet; T}~ENG'E slpls~ said compound curve to Ills tight: in a Northeasterly direction it'sraueh a cerixral angle of 60 degrees AQ minuoas 00 seconds and an arc length urt 3a3.~ts fret to a 518 inch iron rod with cap stamped "CartBr and Bs,rrgess" set, the enci pf said OiiPVB; 't'HI~N~ Sauth 30 degrees 00 minutes Ott seaartds East, 4Ei•40 feet tc a cut "~F peel in concrete flttnte. the beginning of a rianetYt vun+a to t!•ie right, whose radius is 285.00 feet and whale tong chord bears North 75 degrees o0 minds QQ seGands , 149,Dg fcet,~ !'}iENGI: aiar+g said hors-tangent curve tb the rl5ht m.a Ns~rth~eSferiy direction through a central angles cf 30 degrees CIO mtnutea Q4 sea4rsds and 8n 1r'C IerlQth of 'l S0. f34 feel to a 518 inch iron red with cap stamped Carter and Burgess" set, the end of said curvy; TI~FNCB Bast, 14004 feet to a cut + set an curb inter; 77iPNGE Swath e1.8 degrees 48 rrtlnutes 61 seGOt'Iris Bast. 53.'l6 feet tw the i~aint of 6e$itrning and cotltainin~ 259.4>'~$ SQuara fleet or 6.954 acres afi tantl, more or less, TF3AGT 1 ~ARCEI ~: WEST Tt~V11ER RANG a 1 ?99 ache tract ~ land ssAsated In the Henry AtkFnson $utvey, Abstract No. 56. Tarrant Coumy, l'exas, arld being a portion of that certain tract of jai5d as described by Deed to Ghy of Fprt EXHIBIT B PRGE 1 OP 2 Worth and rgcordad in Yalume 4684,1'898 520, Decd Records, 7arranr ~auttty Texas. said 1 Z 91 acre fact of land being mare p~rpc,;Getariy descn'bed by rneras and lYOUrrds a$ Mallows: CGMMENGINCa at the "AirpA.rt 13efierenoe i~t fa1FW 1Sy3,` a brass cep SeC ~ rancrete cvr~, homing estab~shed gtjd cOQr~marjea of X - 2;7 gl:~r$91.4t?y Y - A~47,,8SR.04. North C~arrtral ~aRe afi ~,e Texas Slate Pjane Lambert Caordt~tate &ystcm, Ra3iaslFart Warrh Airport f:?a~aurrr 7'HENC1= Spttttt, 19.&0 fieeeD THENCE Wes=- 666.40 feex to a cut "~ ^ ~ ir- concrots gcnxcr, rha Fc~lrn o4 ~$gittnirt0 t-# the herein described L.aase Arsat "T" TMI_I~IC>± Scuxl- ~ eTBgfce~s 29 mitl~s 1 ~ setwal'Ids West, 06.19 fay to a P, lC. nail wig shiner sat •irs aspl~ait, the Heg.trcning of •a •nart~te(t~elat•curv~ to th8 right, whale radius is 412.00 fist acrd whose tong chord tears Nerxh 22 t3~reas 57 minutes 25 s~ecee~ds •NVest, 3~~.9 7 f 'I'1-IF~It'~ along said. rtorr~t-9er~ curve t0 rha mitt ip a Nortltvyesserly diraption tough a oanzrdl angle of 4S deBrec& 54, minutes 5A seconds and t;q arc length of 320.98 feetm a P.K. Wall uvid~ sltiir~or set ict asptlalt, the ersd of s~fd cu~vd and fire 15egtnrtirtg af, a compAUnri curve tq 'the right, whgSe radius is 433.[14 l+~e't and whnss tong chord besra Norm 2't degrees 47 minuL~S +'i7 seconds >=as~, 321 53 fit; `i"M>=IVG;; along said compaimd tca~+a m rha tight In a Nartfseastetly direcuo» through a central angle of 43 degrees 35 minutes 22•saeonds end art arc Ipn~ cf 329.42 ~et~t 2a .a F.1C. Wait with shiner sec. in asphalt 'fie end of skid sut'v~e} 7K~iGE 8arsrh 49 degrees 1 & rr-i:ruz~es t;30 seconds !~ 58.g~' feet toe 518 itteh Iron rod with cap stem¢ed 'Carter 8r1d Burgess' sue; "f"FiirNC>; Souxh 4~ ~F5 mlrtutrS Oa seconds ~~ 32.00 faa~ 3o a cut' ~ " alt lrt carticxeLa (lame, rile beginning of a aonaian4ettt curvets the le![. wtwse radius is 328:OD ~eac acid whale lung chard bears Sputa 23 Begrees D7 [minutes 3Q seCt-tlds West± 257.84 f8et; T~iF1VG'E al4n$ said rarMt~tng curve tq the right Tn a Southwesterly difBCifafl thrac~gh a central angle ofi ~i6 degrees tb mM.+.~ 00 Seconds $rttl tl[t arc iertgtl't Q'f•~i`iq'_77 fe®t to a P.K. nail with •$1Tir3er act ~n asphalt: the end aE said aura and the l~egfru-ing of a bompound cprva to rha ic{t, trrhase radius is 2'34.40 feat gnd vyhasp tong shard bears Sau#h ~4 degrees 4i~i mirtutas 00 seconds East. 34H_ 7 7 #s®t; THElVCS ~1on9 Bald compound curve to tE~e refit in a Souas~riy dlre~a~1 thmagh a oentrat angle of ~3 dagreas 30 mine~t~,s 00 saoor~#s and ar, etc lai~sc~th of 2b4.00 feet to •the Pdint t~f 13cginr~ing and con'~inirmg 51.888 squar®~e~r dr 4 181 acres Gf land, more or tess. EXHIBIT B :i`~iC-~ 2 OF 2 EXHIBT "C ~.. ~' LEASEHOLD INTEREST 7(7 R~ ACQUIRED FOR DALLAS-FORT WORTH INTERNATIQNAL AIRPORT HYATT HOTEL (WEST TOWER) SITUATED QN A-FW AIRPOFt7 Property Land Area Compensation Owner Address Sq• Ft• Amount Sear Greek pF1N Di=W Airport Approximately $27 000,000 to $45 000 000 Associates, Ltd: 310,376 togetherwith any interest accruing A Texas Limited at 10% on any amount withheld Partnership, whose sole General Partner ,after possession during appeal ~ is HWRC GP Inc. a Texas Corporation