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HomeMy WebLinkAboutResolution 2302A Resolution2 WHEREAS at its June 5 1997 meeting the D-FW International Airport Board (Airport Board) passed a resolution (i) determining that additional land is needed for airport expansion, (ii) requesting that the Cities of Dallas and Fort Worth (Cities) jointly acquire for the Airport Board certain properties for airport expansion purposes and (iii) agreeing to fund all costs associated with these acquisitions and WHEREAS as required by the Airport Use Agreement, a Majority In-Interest of D-FW Airport s Signatory Airlines (including American and Delta) have approved the expenditure of such Airport Board funds to acquire the properties 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 lands specified m the attached Exhibits A and B (Properties') are to be acquired on the condition that the Airport Board has assumed responsibility for all consideration, including but not limited to title expenses closing costs court costs court filing fees appraisal costs expert appraisal witness costs any necessary replacement housing costs in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and applicable regulations and all other costs fees or expenses associated with the acquisitions of the Properties 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 City Attorneys and the correction of any errors in the descriptions of the Properties the City Manager is authorized to accept, subject to the conditions contained in this resolution, either General Warranty Deeds or Special Warranty Deeds conveying the Properties jointly to the Cities SECTION 3 That the Properties descriptions the Cities resolutions and the Airport Board resolution be forwarded to a title insurance company for preparation of instruments necessary for closing which will be forwarded to the two City 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 Properties 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 acquisitions of the Properties CITY OF FORT WORTIi _f SECTION 6 That pursuant to the request of the Airport Board and in accordance with the conditions of this resolution, it is determined that public necessity requires expansion and improvements to the D-FW International Airport and that the Cities should acquire in fee simple the Properties each of which is necessary for the expansion of D-FW International Airport. SECTION 7 That for the purpose of acquiring the Properties the Property Management Director or such employee as he may designate is authorized and directed to offer each amount listed on Exhibit A (Amount) to the respective owner listed on Exhibit A ( Owner ) SECTION 8 That in the event that the Owner rejects the Amount offered which Amount the City Council deems to be fair cash market value and just compensation, the City of Fort Worth has determined to appropriate the Properties in 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 official offer report to the Fort Worth City Attorney that the Owner has refused to accept the Amount, this will be evidence that the Cities cannot agree with the Owner as to the damages legally allowable In such event, the Fort Worth City Attorney acting on behalf of both Cities is authorized and requested to file the necessary suit(s) and take the necessary action(s) for the prompt acquisition of all Amount-rejected Properties in condemnation or in any manner provided by law .~ SECTION 10 That should it be subsequently determined that additional persons other than those named in Exhibit A have an interest in the Properties then and in that event, the Fort Worth City Attorney acting on behalf of both Cities is authorized and directed to loin said parties a`s defendants in said condemnation suit(s) SECTION 11 That in the event the Special Commissioners in Condemnation appointed by the Court return an award that is the same or less than the Amount, or in the event the Airport Board approves by subsequent resolution an award greater than the Amount, the Airport Board shall issue a check in the amount of the Commissioners award made payable to the County Clerk or District Clerk of Tarrant County to be deposited into the registry of the Court, to enable the Cities to take possession of the appropriate Properties without further action of the City Council SECTION 12 That following each acquisition the D-FW Airport Plan be amended to include that property and title to that specific property following its acquisition by the Cities shall be vested in the Cities subject to the control and jurisdiction of the Airport Board pursuant to the terms of the Contract and Agreement between the Cities dated and effective April 15 1968 and applicable provisions of the 1968 Regional Airport Concurrent Bond Ordinance 2 CITY OF FORT WORTH SECTION 13 That the approvals and authorizations contained in this resolution are conditioned upon approval by the Dallas City Council of the joint acquisition of the Properties SECTION 14 That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Fort Worth, and it is accordingly so resolved Approved this 17-x- day of June 1997 by the City Council of the City of Fort Worth. 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F-' v ~ u U ~ L J az --~ N M ~ N 0 M 0 a 0 0 M O O N 64 c~ O H Y c, y ~~ TRACT I Metes and Bounds Descnption 8 053 Acres William Dooley Survey Abstract No 422 P D Hudgins Survey Abstract No 755 Crty of Grapevine, Tarrant County Texas BEING a tract of land situated in the William Dooley Survey Abstract No 422 and the P D Hudgins Survey Abstract No 755 Tarrant County Texas, and being a portion of that certain tract of land conveyed to Trinity Industnes, Inc. according to Special Warranty Deed dated August 9 1989 and recorded in Volume 9720 Page 1557 Deed Records of Tarrant County Texas, and being more particulazly described as follows (beanngs referenced to DFW GPS Monuments) COMMENCING at a 1/2-inch iron rod found with cap marked 'NDM2609 being the north corner of visibility clip for the north nght-of way of Hanover Drive, a 75 foot nght-of way according to the Final Plat of Hanover Dnve, recorded in Cabinet A, Slide 2751 Plat Records of Tarrant County Texas, at the northerly corner clip on the west end of said Hanover Dnve at the intersection with the east right-of way of Main Street (Spur 103), a 100-foot nght-of way• THENCE along the north nght-of way line of Hanover Dnve as follows South 45 43'49" East, 28.28 feet to a 1/2 inch uon rod found with cap marked 'NDM2609 ~ being the southerly end of said visibility clip t!J o ~ ~ ~' North 89° 16'11 East, 279 99 feet a 1/2 inch iron rod found with cap mazked 'NDM2609 1 being to the beginning of a curve to the left; ~ Along said curve to the left having a central angle of 06 13'06" a radius of 2965 00 feet, an ~ arc length of 321 80 feet and a chord beanng North 86 09'39" East, a distance of 321 64 feet to a 5/8-inch 'KHA capped iron rod set for the POINT OF BEGINNING• THENCE North 09° 04'22 West, departing the north nght-of way line of Hanover Dnve, 310.39 feet to a 5/8-inch 'KHA capped iron rod set for corner THENCE North 89°27'29 East, 1750 00 feet to a ~/8-inch 'KHA capped iron rod set for corner THENCE South 07°59'19 West, 232.58 feet to a 5/8-inch 'KHA capped iron rod set for corner in the north nght-of way line of Hanover Drive, said point being on a nontangent curve whose center bears South 15 42'46 West; L:~SUR VEY~3-9T8053-B. MSc BASC (06301 J 1/500 DFW WES'i) Page 1 of 2 ~~ a,~}Irk ~ TRACT I } THENCE along the north nght-of way line of Hanover Dnve as follows Along said curve to the left having a central angle of 26°25'21 a radius of 2035 00 feet, an ~' o- arc length of 938 46 feet and a chord beanng North 87°29'55 West, a distance of 930 17 W ~ ~ feet to a 1/2-inch uon rod with cap mazked 'NDM 2609 found being the end of said curve, ~~ ~ South 79° 17'25 West, X56 77 feet to a 1/2 inch iron rod with cap marked 'NDM 2609 W found being the beginning of a curve to the nght; Along said curve to the nght having a central angle of 03 45'41 a radius of 2965 00 feet, an azc length of 194 64 feet and a chord beanng South 81 10'15 West, a distance of 194 61 feet to the POINT OF BEGNNING and CONTAINING 8 053 acres of land, more or less • L:~SURVEIti-9T8053-B.M&BASC r (06300 JI/500 DFW WES'1~ Page 2 of 2 ~~n~~i i TRACT II Metes and Bounds Description . 7 172 Acres William Bradford Survey Abstract No 131 and City of Grapevine, Tarrant County Texas BEING a tract of land situated in the William Bradford Survey Abstract No 131 Tarrant County Texas, and being a portion of that certain tract of land conveyed to Tnnity Industnes, Inc. according to a Special Warranty Deed dated August 9 1989 and recorded in Volume 9720 Page 1557 Deed Records of Tarrant County Texas, and being more particularly described as follows (beanngs referenced to DFW GPS Monuments) COMMENCING at a 5/8-inch iron rod found for corner in the north nght-of way line of State Highway 114 (a vanable width right-of--way), said iron rod being at the southwest corner of Lot 1 Block 1 Grand~s of Grapevine Addition, an addition to the City of Grapevine according to the plat recorded in Volume 388-214 Page 33 Plat Records of Tarrant County Texas; TT-~NCE North 00°38'18 West, 275 OS feet to a 5/8-inch iron rod found in the south nght-of--way of Capitol Street, a 70 00-foot nght-of--way according to the Final Plat of Capitol Street as recorded in Cabinet A, Slide 2738, TI~NCE along anon-tangent curve to the left an arc length of 9.33 feet with said south nght-of >-- way said curve having a central angle of 00°38'24 a radius of 835 00 feet, a chord beanng of Lb ~ South 85 10'58" East, and a chord length of 9.33 feet; o THENCE South 85°30'10" East 155 73 feet to a 5/8-inch 'KHA capped iron rod set (a 5/8-inch iron a rod set) at the POINT OF BEGINNING• t11 ~ THENCE South 85 30'10" East, continuing with said nght-of way line of Capitol Street, 1155 19 ~6 ~, h feet to a 5/8-inch iron rod set for corner 1l.1 TT~NCE South 40°30'10" East, 28.28 feet with said south nght-of way to a 5/8-inch iron rod set ~ on the west nght-of--way of Trinity Parkway a 100 00-foot right-of way according to the Final Plat of Trinity Parkway recorded in Cabinet A, Slide 2742, THENCE South 04 29'50" West, 233 90 feet with said west right-of way of Trinity Parkway to a 5/8-inch iron rod set for corner THENCE South 49° 29'50" West, 28.28 feet with said west nght-of--way of Trinity Parkway to a 5/8- inch iron rod set on the north right-of way of aforementioned State Highway 114 THENCE North 85°30'10" West, 1089 08 feet with said north nght-of way line of said State Highway 114 to a 5/8-inch iron rod set for corner THENCE North 09° 04'22 West leaving said north nght-of way line of State Highway 114 a distance of 281 76 feet to the POINT OF BEGINNING and CONTAINING 7 172 acres . 1.:~suxvEn~-9T71 n-H.rrr~snsc (063013.41/500 DEtiV WES'C) Paje 1 of 1 ~Hy91T ~ TRACT III • Metes and Bounds Description 3 481 Acres William Bradford Survey Abstract No 131 and P D Hudgins Survey Abstract No 755 City of Grapevine, Tarrant County Texas BEING a tract of land, containing 3 481 acres, situated in the William Bradford Survey Abstract No 131 and the P D Hudgins Survey Abstract No 755 in the City of Grapevine, Tarrant County Texas, and being a porrion of that certain tract of land conveyed to Trusty Industries Inc. according to deed recorded in Volume 9720 Page 1557 Deed Records of Tarrant County Texas, and being more particulazly described by metes and bounds as follows (beanngs referenced to DFW GPS Monuments) BEGINNING at a 5/8-inch 'KHA capped uon rod set (5/8-inch iron rod set) in the north right-of way of State Highway 114 a vanable width right-of way with the intersection of the east right-of way of Tnmty Parkway a 100 00-foot right-of way according to the Final Plat of Trinty Pazkwav recorded in Cabinet A, Slide 2742, Plat Records of Tarrant County Texas (P.R.T C T ) ~ THENCE North 40° 30'10" West, 28.28 feet with said east right-of way of Trinity Parkway to a 5/8 inch iron rod set; ~ ~ THENCE North 04 29'50" East, 334.24 feet with the east right-of way of said Tnmty Parkway to ~~, a 1/2 inch iron with cap mazked 'NDM 2609 found for the beginning of a curve to the right; ~ ~ h THENCE along a curve to the right and with the east right-of way of Trinity Parkway an arc length ~ ~ of 865 46 feet to a 1/2 inch iron rod with cap marked 'NDM 2609 found for corner said curve (~ having a central angle of 12° 52'03 a radius of 3863 70 feet, a tangent length of 434.56 feet, a chord bearing of North 10° 55'52 East, and a chord length of 863 64 feet; THENCE North 60°39'54 East, 29 17 feet v~nth said east right-of way of Tnrity Parkway to a 1/2 inch iron rod with cap mazked 'NDM 2609" found said point being in the south right-of way line of Hanover Drive, a 75 00 foot right-of way according to the Final Plat of Hanover Drive as recorded in Cabinet A, Slide 2741 P.R.T C T at the beginning of a nontangent curve whose center bears South 14 17'19" West; THENCE along a nontangent curve to the right and along the south right-of way line of said Hanover Drive, an arc length of 64 60 feet to a 5/8-itch iron rod set for a corner said curve having a central angle of O1 53'18 a radius of 1960 00 feet, a chord bearing of South 74 56'02 East and a chord length of 64 59 feet; THENCE South 07° 59'19" West, departing said south naht-of way line, a dist~.nce of 1219 10 fee • L:~SURVEYV•971Sa81•B.M&8/ASC (063013.d1/S00 DFW WESn Page 1 of 2 ~~ TRACT III 0 W' h W ~ ~ ~W LJ.. • • THENCE North 85 30'10 West, along the north nght-of way line of said State Highway 114 a distance of 90.26 feet to the POINT OF BEGINiV`II~1G and CONTAINING 3 481 acres of land, more less. L:~S U R V E Y~3-973181-B. Mac B/CSC (063017 J I/500 DF'W WES'n ~~~~ ~1) j.l Paje 2 of 2 TRr~.CT IV Metes and Bounds Description 24.329 Acres William Bradford Survey Abstract No 131 and William Dooley Survey Abstract No 422 and P D Hudgins Survey Abstract 755 City of Grapevine, Tarrant County Texas BEING a tract of land, contauung 24.329 acres, situated m the William Bradford Survey Abstract No 131 the William Dooley Survey Abstract No 422, and the P D Hudgins Survey Abstract No 755 Tarrant County Texas, and being a portion of that certain tract of land conveyed to Trinity Industnes, Inc. according to a Special Warranty Deed dated August 9 1989 and recorded in Volume 9720 Page 1557 Deed Records of Tarrant County Texas, and being more particularly described by metes and bounds as follows (beanngsherem are referenced to DFW GPS Monuments) BEGINNING at a 1/2-inch iron rod with cap marked 'NDM 2609 found for the southwest comer ~"' of Lot 1 Block C of Tnmty Industnes Addition, an Addition to the City of Grapevine, according m to the Map or Plat thereof recorded m Cabinet A, Slide 3129 of the Plat Records of Tarrant County Texas (P.R.T C T ), same being on the north nght-of way line of Capitol Street (a 70-foot wide ~' nght-of way) as recorded m Cabinet A, Slide 2738 P.R.T C T l11 n a THENCE North O1 12'30" East, along the east line of said Lot 1 a distance of 282.65 feet to a 1/2 j ~ ~ inch iron rod with cap marked 'NDM 2609" found for corner said iron rod being at the northeast W corner of said Tnmty Industnes Addition, Lot 1 Block C ~ THENCE North 88 47'30" West, along the north lute of said Tnmty Industnes Addition, a distance of 84 90 feet to a point for corner THENCE North 09° 04'22 West, departing said north line, a distance of 38~ 72 feet to a 5/8 inch 'KHA capped iron rod set (5/8-inch iron rod set) on the curving south nght-of way line of Hanover Dnve (a 75-foot wide nght-of way) as recorded ui Cabinet A at Slides 2740 and 2741 P.R.T C T said curve being a nontangent curve to the left whose center bears North 07° 00'03 West; THENCE in an easterly direction along the south nght-of way line of Hanover Drive as follows Along the arc of said nontangent curve to the left, an arc length of 196 78 feet to a 1/2 inch iron rod with cap marked 'NDM 2609 found for corner said curve having a central angle of 03 42'32 a radius of 3040 00 feet, a chorl beanng of North 81 08'41 East, and a chord length of 196 75 feet; North 79° 17'26 East, >j6 77 feet to a 1/2 inch iron rod with cap marked 'NDivl 2609 found for the beginning of a curve to the nght;~ • L:~SURVEYl3-9TZa3?9-B.M&BASC (063013 d I/500 DFW \VESn Page 1 of 3 ~(Hfl89T B TRACT IV Along said curve to the right, an arc length of 708 98 feet to a 1/2 inch iron rod with cap marked 'NDM 2609" found in the west right-of way of Tniuty Parkway a 100 00 foot right of way according to the Final Plat of Trinity Parkway as recorded in Cabinet A, Slide 2742, Plat Records of Tarrant County Texas, for corner said curve having a central angle of 20°43'31 a radius of 1960 00 feet, a tangent length of 358 40 a chord bearing of North 89°39'10 East, and a chord length of 70~ 12 feet; South 31 09'31 East leaving said south right-of way line of Hanover Drive, 26 49 feet with said west right-of way of Trinity Parkway to a 1/2 inch iron rod with cap marked 'NDIv1 ~ ~ 2609 found for corner being on a nontangent curve whose center bears South 72 46' 11 East; 0 W-~ THENCE along said nontangent curve bearing to the left with said west right-of way of Tnruty r~M Parkway an arc length of 868 97 feet to a 1/2 inch u'on rod with cap marked 'NDM 2609 found for corner in the north right-of--way of Capitol Street, a 70 00 feet right-of way according to the Final W,~. ~ h Plat of Capitol Street as recorded m Cabinet A, Slide 2738 Plat Records of Tarrant County Texas, W said curve havuig a central angle of 12 35'34 a radius of 3953 70 feet, a tangent length of 436? (~ feet, a chord beanng of South 10° 56'02 West, and a chord length of 867.23 feet; THENCE South 49°30'51 West, 28.31 feet with said north right-of way of Capitol Street to a 1/2 inch iron rod with cap marked 'NDM 2609" found for corner . THENCE North 85 30'10 West, 1138 03 feet with said north right-of way of Capitol Street to the POINT OF BEGINNING and CONTAINING 24.329 acres of land, more or less L `SURVEY~3-9T24329-B.~I&BASC (063013.41/500 DFW WES'i) Page 2 of 3 ~N1917 8 0 r 4 .~- s i-~ t {~ `, : . 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' i M! ~ I r°, /%S~e E-7 - err-~~'° •.=-- Gl~ll'gy `_ ' NO 1 T/2 i t~• i _ it ~/ ~~^ C' ~-~ !~/ _ ~ ~/~~/ -~ /~ ~ , , ; i, , ~ ~x~~owr3