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HomeMy WebLinkAboutResolution 894 r 't iftt A Resolution WHEREAS, the City of Fort Worth ("City") and the Federal Aviation Administration ("FAA" ) have heretofore entered into certain grant agreements, whereby the FAA has furnished certain grant monies to the City to enable the latter to purchase, develop, and maintain a municipal airport previously designated Greater Southwest International Airport ("GSIA" ) ; and WHEREAS, the terms of such grant agreements included the obliga- tion of the City to use a portion of the proceeds from the sale of the property purchased with such grant funds only for "airport purposes; " and WHEREAS, the City and the FAA now mutually desire to release any and all land so purchased at GSIA from the encumbrances , conditions and terms contained in such grant agreements; and WHEREAS, the FAA has now submitted a suitable Letter of Release to the City of Fort Worth for the City' s acceptance; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH: 1. That all land acquired by the City of Fort Worth at Greater Southwest International Airport under grant agreements for the fol- lowing FAA Project numbers : 9-41-085-801 9-41-085-802 9-41-085-003 9-41-085-004 9-41-085-005 9-41-085-106 9-41-085-107 9-41-085-108 9-41-085-209 9-41-085-310 9-41-085-311 9-41-085-512 9-41-085-5713 9-41-085-6114 9-41-085-6115 9-41-085-C216 9-41-085-C317 Is hereby released from the terms of the foregoing grant agreements and project requirements. 11a 2. That the City of Fort Worth adopts, ratifies, approves and accepts the terms of that certain letter from the FAA, dated December 15, 1982, and signed on behalf of the FAA by John A. Dufficy, Manager, Airports Division. 3. That such release is subject to the following conditions: (1) In any instrument conveying the released property to a third party, the following conditions and restrictions will be included. a. 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. b. 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 Ordinance of the Dallas/Fort Worth Regional Airport - Ordinance 71-100 as approved and adopted by the Dallas/Fort Worth Joint Zoning Board of the Dallas/Fort Worth Regional Airport on December 6, 1971. c. 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 inter- fere with the landing or taking off of aircraft at the Dallas/Fort Worth Regional Airport or otherwise constitute an airport hazard. 4. That it is understood by the CFW and the FAA that the released property is to be conveyed by the City to Centre Port Joint Venture ("Centre Port") under the terms and conditions of that certain Option to Purchase Land, executed by the City and Centre Port on June 5, 1980, and further that said Option agreement for all purposes fully and completely satisfies the foregoing required conditions and restrictions. S. That in the event the released property is to be conveyed by the City of Fort Worth, Texas, to a third party other than Centre Port 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 a,�, and c, stated above. Q CITY OF FORT WORTH 6. That 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. 7. That the City Manager be authorized to execute such letter for and on behalf of the City of Fort Worth, reflecting the City's acceptance of the above and foregoing terms and conditions. Passed, Adopted and Effective This 4 v day of , 1982. O CITY OF FORT WORTH