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HomeMy WebLinkAboutResolution 1989A Resolution RESOLUTION NO ~ `!(_, ~ J WHEREAS, at its May 5, 1994 meeting and its June 2., 1994 meeting, the D-FW International Airport Board ("Airport Board") passed resolutions to (i) authorize an agreement with the City of Irving for exchange and abandonment of certain rights of way to accommodate the airport expansion, or, in the alternative if necessary (ii) requesting the Cities of Dallas and Fort Worth ("Cities") to obtain portions of such rights of way and other easements needed through the exercise of eminent domain powers, and (iii) agreeing to fund all costs associated with such right of way exchanges or eminent domain proceedings, 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 COIINCIL OF THE CITY OF FORT WORTH SECTION 1 That, pursuant to the Airport Board's approval of resolutions to authorize an agreement with the City of Irving that will provide for exchange and abandonment of certain rights of way to accommodate the Airport Expansion, as outlined in ATTACHMENT I, and subject to the further conditions of this resolution, the City Council authorizes the preparation of the instruments of conveyances and abandonments of such rights of way, said actual conveyances and abandonments. requiring subsequent approval by the City Council SECTION 2 That approval of this resolution is on the condition that the Airport Board has assumed responsibility for all costs associated with preparation of instruments referenced in SECTION 1 and all consideration and other costs associated with. other provision of this resolution from the proceeds of the D-FW Airport Joint Revenue Bonds or from any other available Airport Bond Fund SECTION 3 That pursuant to the request of the Airport Board and in accordance with the conditions of this resolution, and it is determined that public necessity requires expansion improvements to the D-FW International Airport and that the Cities should acquire in fee simple the existing street rights-of-way specified in Exhibit A-1 and Exhibit A-2 ("Properties") and to further have the streets ("Properties") closed, vacated, and abandoned for use by the public forever SECTION 4 That for the purpose of acquiring the Properties, the Executive Director of the Airport Board or his designee, is authorized to offer the amount listed on Exhibit A-1 CITY OF FORT WORTH A Resolution and Exhibit A-2 ("Amount") to the City of Irving, Texas ("Owner" SECTION 5 That the Properties' legal descriptions contained in Exhibit B-1 and B-2 may be corrected, revised, or submitted and approved as form by the City Attorney without further approval by the City Council SECTION 6 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 ? 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 Dallas City Attorney is authorized any 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 8 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 Dallas City Attorney is authorized and directed to join said parties as defendants in said condemnation suit(s) SECTION 9 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 of Dallas County, to be deposited into the registry of the Court, without further action of the City Council When all of the land adjoining the Properties are in the ownership or possession of the Cities and the Commissioners Award(s) has been deposited into the registry of the Court, the Cities shall take possession of the Properties SECTION 10 That following acquisition and possession of Properties 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 effected April 15, 1968, and applicable provisions of the 1968 Regional Concurrent Bond Ordinance CITY OF FORT WORTH A Resolution SECTION 11 That the approvals and authorization contained in this resolution are conditioned upon approval by the Dallas City Council of the joint acquisition of the Properties SECTION 12 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 PASSED this day of , 1994 .3 ~'d ~. ~ ~~~~ Citg ~~~t~ar~+ o€ thm City o€ Fort ~~'~s~ttt, `k"~~t~s CITY OF FORT WORTH ATTACHMENT i PROVISIONS OF A PROPOSED AGREEMENT BETWEEN D-FW AIRPORT BOARD AND THE CITY OF IRVING TEXAS FOR EXCHANGE AND ABANDONMENT OF CERTAII~1 RIGHTS OF WAY • nF VTNG Tn~ • Abandon to the Cities certain street righu of way and other easements within the D-FW Airport expansion area. • Accept the aiig~ent and dedication of new right of way for Valley View Lane from Walnut Hill Laae to north of Carbon Road. • Accept paving and storm drainage system design proposed for new relocated Valley View Lase ... • Accept maintenance and policir~ of reconstnicted Valley View Lam. _CITIES OF DALLAS A~tI3 FOR WORTH AND D-Fal AIRPORT BOARD TO• • Convey deal, all new right of way needed for relocated Valley View Lane 8nd other sweet connections • Provide all needed surveys and legal descriptions • Provide all engineering wad coastniction of t1+~w fottt {4) lane divided Ya11ey~View ~" Lane • Provide replacement utilities as required • Provide construction inspection services • Not disturb two existing City parks (Dorris & Stardust) • ~~ EXHIBIT A-1 ( PROPERTIES"} EXISTING VALLEY VIEW LANE RIGHT OF WAY BETWEEN STARbUST STREET AND CARBON ROAD TO BE CLOSED VACATED AND ABANDONED FOR PUBLIC USE. OWNER City of Irving. Texas LEGAL DESCRIPTION See Exhibit B-I ABANDONMENT AREA S . FT. 3&6,247 S.F CONSIDERATION aMOUNT 5289,700 00 • EXHIBIT A-2 (PROPERTIES} • STREET RIGHTS OF WAY TO BE CLOSED VACATED AND ABANDONED TO THE PUBLIC USE SITUATED IN AND AD3ACENT TO HARRINGTON HEIGHTS LARD AND MI£AR PLACE ADDITIONS WHICH ARE LOCATED IN THE CITY OF IRVIlYG, TEXAS AND KNOWN AS LANGLEY LANE, MIEAR DRIVE, ALLADiN DRIVE, GOLDEN ROAD KEMP COURT, BRANCHFORD ROAD DORRiS ROAD AND ALSO IlYCLUDING NORTHSTAR DRIVE AND BLOCK DRIVE NORTH FROM WALNUT HILL LANE. ~ -i~4~,. City of IrviIIg, Texas LEGAL DESCRIPTION See Exhibit 8-2 ABANDONMENT /~A/'~RE~A~ ~ 753 152 S F CONSIDERATION AMOUNT $527,206 • EXHIBRA 2•IG:YS E:LHIBZT H-l f•: Metes and Bounds Description valley view Lane 8 357 Acres J.A_ Burdett Survey A-49 Irving, D;Ylias Cooney Texas BEING a tract of land containing $.8b7 sues, located in the City of Irving, Dallas County, 'T'exas, pare of the J.A. Burdett Survey, Abstract No 49 being part of Valley View Lane (a called 120' ROW) and being a portion of the Valley View tight-of way dedicated to Dallas County by Eddie L. Sharp by Instrument recorded by Volume 4436, Page 12 and all of said right-of way dedicated by Ryan D Harrington recorded by Volume 4436, Page lb and that -- portion of Equisosarce Addition dedicated for right-af way purposes as recorded by Volume 84238, Page 2003, aU of the Deed Records of Dallas County Texas (-RDCT), and being more - particularly described by metes and bounds as follows !bearings tcfezcnced to said Df W GPS monument): BEGiNN1NG at a 318-inch ~roti rod with cap marked "DFW -Prop. Corr:. for the aortheriy r..~__ northeast comer for the interse~:tion of Valley View Lane (120' ROW) and Saar Dust Drive (variable width ROW), same being the westerly southwest corner of Lot 1, Block 4, Northssar Phase III as recorded by Volume SS 174 Pane 4785 DRDCT THENCE North 56°01 44" tiVcst, 121.57 fcc: to a sec 518•inch iron rod with cap marked 'DFW Prop Corn. (set Iron rod) on she westerly Went-of way for Valley Vicw Laac; THENCE North ;;'33 I 1 Ezst with said «est~ziv Went-of-way ;07b 76 feet to a set iron rod, THENCE ;`Iarth t i°2~ 09" Rest, X2.91 fze; :o a act non rod for the northwest corner of the aforesaid Harrington tract: THENCE South 89°2~t'27" East. 2~2?.47 fee: to a set iron rod for the easterly southeast corner for the intetset:tzott of Valley Yie4v Lane ana Carbon Koad (vanable ROtiV)' THENCE South 61°38 50" Nest, 88 ~6 feet co a potrzt for the southerly southeast comer of said intersecuon, from said posnt a found irar. rod bears South I6°Q4 East, 4 4 feet; TFib`ILE South 33'.s I1 «est_ 2787 ~g fze• to a fauca frog rod. the southwest cornet of Lot I Block D Lzdd :~dditiosi. HF~CL ` orth S9°,~ --S East, 1 i ~? lee::o a set trot rod for the ro~n«•est corner of Lot 1 Ecu~so~.crcc as rzcordcd by Volur~-e S-: S. Pzoe ?~}C DRDCT i 1•iE~CE South ~ °~8 I I Ness. "_'03 "rY fe:• :o s se: -ez cod for taro southwest corner of said Lot THENCE South 89°22 4i" West, 12.15 feet to a point foe the northwest earner of Lot 1, gtock 4, Nortlzstar Phase IIi as recorded by Volume 85174 Page 4785, D1tDCT from said point a found iron rod bears North 81°22 West, 0.5 feet, THENCE South 34°02'32" West, 169 76 fees to the POINT of BEGINNING and coutainiag 8.867 acres. 1~~,.~- Paul Hubert RPLS No. 1942 • • r CJ • EXHYBIT B-2 STREET RIGHTS OF WAY TO BE CLOSED, VACATED, AND ABANDONED '~THICH ARE LOCATED I.~I THE CITY OF IRVINE DALLAS COUNTY TEXAS Beit:g certain street rights of way situated in anti adjacent to Harrington Heights Addition, Ladd Addition, and Miear Place Addition, said additions filed of record is Vol. 52 page 83 Yo145 page 199 Vol 87230 page 5850, VoI 4611 page 492 in the Dallas County Deed records and include the streets known as; Langley Lane from Valley View Lanz to Dorris Road, Miear Drive from Doors Road to dead eucl cul-de-sac east of Alladia Drive: Alladin Drive from Miear Drive to dead end north of Dorris Road, Golden Road from Langley Drive to Branchford Road, = - Kemp Court from Langley Drive east to dead end ciil-de-sac; Branchfotd Road from Golden Road to Dorris Road, Dorris Road from Miear Drive to 1Z0 feet east of Langley Road, NorthStar Dnve from Walnut Hill Lane to Stardust Drive; Block Drive from Walnut Hill Lane to 'Valley View Lane; said righu of way containing approximately 7~3 152 square feet.