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Home My WebLink AboutContract 44238_ `t l-,% � �' _ STA'1'L OI' TEY�S COUNTY OF DALLAS PUI3LIC i�IASS TRANSIT �ASLI�IENT ti 5 � KNO�V ALL 1tiILN I3Y 'THCSE YRI+�S�NTS: That tlle City of Dallas, of tlie County of Dallas, State of Texas, piirsuailt to Resolution No. 13-0185, adopted January ?3, 2013, a�ld the City of Fort �Vorth, of the Cot►nty of Tarraiit, State of Teras, pursuant to M&C No. L-15506, adopted Januaiy 13, 2013, hereinafter referred to as "Grantors", wliether one or more, for the sum of Ten Dollars ($10.00) and other goocl and valuable eonsicleration to the llallas/Fort Worth International Airport Board, hereiiiafter referred to as "the Airport Board", receipt of which is hei•eby acknowledged, and for which no lien is retained either expressed or implied, have this day sold and by these presents do grant, bargain, sell and convey unto the Dallas Area Rapid Transit Authority, hereiilafter refei7ed to as "Grantee", an easenient ("this Easement") to construct, reconstruct, and perpetually inaintain, at Grantee's sole cost and expense, public rail transit facilities, including without limitation associated utilities, commtu7ication facilities, bridge stiuctures, spans, and airy other related facilities or structtu�es that facilitate, support or promote public rail transit, in, upon, under or across a ti•act of land at Dallas/Fort Worth International Airport ("DFW AirporY'), more particularly described in Exhibit A("the Property"), which is attached hereto and incorporated herein for any and all p�u•poses. This Easeinent �hall include the subsurface of the Property to a depth of no more than 30 feet below existing ground level and the airspace above existing ground level of the Property to a height of no more than 40 feet. This Easement is expressly made subject to Grantors' and Airport Board's, and their respective tenants, successors or assigns, i•ights to make any use of or construct any improvements on, above, below or throtigh the Pi•operty or anywhere within this Easement so long as sucli use or improvements within diis Easement do not unreasonably iuterfere with Grantee's use of this Easenie�ut for permitted puiposes. Grantors reserve for the benefit of the Airpoi•t Board, and for those acting by oi• through them, the right to use �nd to have ingress to and egress from the pLiblic access areas of the Property for any lawful ptirpose. I�lothing in this Easement shall affect Gcantois' title to all of the oil, gas aiid other minerals in �nd under and that may be produced from the Property or any lau�l at DFW Airport provided that the surface of the Propei•ty shall not be used for dle puipose of exploring, developing or mining or clrilling for same ii1 a manner that interferes with Grantee's use of d1e surface and subsurface of this Easement for the permitted puiposes. Grantors retain for their own benefit, and for the benefit oF all aircraFt operators, a right of avigation above the Property. Said riaht of avigation includes the right of fi�ee and unobstructed passa�e of aircraft ("aii•craft" heing defined as any coiltrivance now knowii or hereafter invented, used or designed for uavibation of or fliglit in the air), by wllotnsoevei� oper�tecl, in the airspace above atid adjacent to tlie Property, at oi• above the elevation oF 8�0 feet above ineari sea level, or structural heigllts establi�lied b}� applicable local zoilinb ordinances, whichever heiglit is lower, such area hereinaftei• rzFerrecl to as tlie = "periuitted air space", together �vith the right in all air space above the surface of tl�� e Pro��ei�ty to causc; ., �i danla es to the Pi•o ��,rt or to ersons occu � ina or on sucli Pro �ert fi�om Tloise, vil�l�a'tio�7, Fumes, clust,��`� g [' Y p I Y � I Y, ��,I;'i; �( � � �� ;, �,�,��,;�lT � � ��►� �o ��:,i,,;��r��9 �� (�Ercl�l�U ;'-(r,R _,� 7.Oi� RECEIVE� �IAR _-=.-- --_---�-- fuel, lubricant particles, and all otlier effecCs that may be caused by the operation of aircraft in tlie permitted air space. Grantors, their successots and assigns, also reserve and retain a continuing right to take any action ilecessary to preveiit the erection or growth of aiiy structure, tree or other object into the permitted air space and to remove froni the permitted air splce any and all structures, trees or other objects that nZay at any time project or extend into same, together with the right of ingress to, egress fi•onl and pass�ige over the Property for such purposes. Further, as a condition of this Easement, and as part of the consideration therefor, Grantee, by the aceeptance of this grant, heieby agrees to waive, release, and �orever acquit Grantors, the Airport Board, and their respective successors and assigns, and their officers, agents and ernployees, from at�d against any and all claims for damages of any kind that Grantee might hereafter assert by reason of the passage of any and all aircraft within the permitted air space as defined above. By acceptaiice of this grant, Grantee agrees not to file a claim or lawsuit against Grantors, the Airport Board, and their respective successois and assigns, and their officers, agents and einployees, for personal injury (iilcluding death), property damage or other harm suffered by any person or persons that may arise out of or be occasioned by the operation of aircraft, within the permitted air space or adjacent thereto, landing at or taking off fi•om, or operating at, on, or adjacent to the DFW Airport as it is now or as it may hereafter be configured, or any other airport owned by either of the Grantors, except that the release provided for in this paragraph shall not be construed to release the owners or operators of aircraft from liability for damage or injury to peisons or property caused by falling aircraft or falling physical objects from aircraft, except as stated herein with respect to noise, vibration, fiimes, dust and lubricant particles. Said right of avigation and other rights reserved and retained herein by Grantors shall be binding upon Grantee, Grantee's successors, heiis, executors, administrators and assigns, and shall be a covenant running with the land. This Easement is subject to all other easeinents, leases, agreements, licenses, oi• other interests that affect the Property, and that are matters of public recoi•d or would otherwise be disclosed by title examination, survey, investigation or inquiry, including without limitaCion the rights of parties in possession of the Property, whether over, upon, under, through, in or across the Property ("the Occupancy Interests"). This Easeinent is also subject to any utilities, pipelines or communications facilities, including without limitation water and wastewater lines, gas lines, and storm sewers, owned or operated by Grantors or any other entity, public or private ("the Utilities"). Grantee shall be solely responsible, at its expense, for determining and verifying the location of Occupancy Interests and Utilities in, on or around the Property and this Easement and for properly protecting and/or relocating the Oeeupancy Interests and the Utilities, including without limitation those owned by GranCors or Airport Boarci. Any information that has been provided or is provided by Grantor or Airport Board regarding the location of any Occupancy Intei•ests or Utilities, whether within the Easement, the Property or elsewhere, is for general information only aud sliall not relieve the Grantee of the above-stated obligation to independently determine and verify the iocation of Oceupancy Interests and Utilities. Gi•antee acknowledges that Gi•antors liave the power of elnii7ent domain as to this Easement, and if it ever becomes necessary for Grantois to take part or all of the Property for a public p�u�pose, Grantor5 sliall have the option of initigating their d�ity to pay just compensation by relocating the Easement aiid all affected facilities at Grantors' or �1ir•port Board's expense. EYcept as set forth herein, neither Grantors nor the Airport Board shall be obli�ated by this Easement to co�lsti•uct any irnprovements ou the Property or servicing the Property. All iinprovements constructed on the Easement by Grantee or for Grantee, as well as all alteiations or additioiis thereto made by Grantee, shall be owned by Grantee; provid�d that upon termination or abandonment of this Easement by Grantee, the Airport Board shall have the right, within the Airpoi�t Board's sole discretion, to coulpel Grantee to either (a) remove improvements and resrore the Properry as specified by the Airport Board, at Grantee's expense, or (b) abandon and not remove improvenlents as specified by the Airport Board, nor waste, destroy, deinolish or alter them, without payment of eonsideration therefor, which upon such abandonment stiall become automatically owned by Aiiport Board, without the need for any further deed or documentation. Grantee shall not consent to any liens on the Property, and Grantee shall undertake at its sole expense to discharge or void aily liens involuntarily asserted against the Property as a result of Grantee's operations within the Property. In the event of a conflict between tlie ordinances, codes, regulations, rules or policies of Grantors or the Airport Board and those of Grantee, those of Grantors or the Aiiport Board shall be coutrolling. Notwithstanding anything that could be constiued to the contrary, and as a conditioii of this Easement, and as part o� the consideration therefore, Grantee, by the acceptance of this grant, expressly agrees that no construction shall be performed on the Property or within the Easement until Airport Board has reviewed and approved Grantee's plans and has issued a permit allowing such construction pursuant to provisions of Aitport Board's Construction and Fire Prevention Resolution or any other rules and regulations of Aiiport Board. GRANTORS HAVE NOT MADE, DO NOT MAKE AND SPECIFICALLY NEGATE AND DISCLAIM ANY REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, AGREEMENTS OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT OR FUTUR�, OF, AS, TO CONCERNING OR WITH RESPECT TO (A) THE VALUE, NATURE, QUALI'rY OR CONDITION OF THE PROPERTY, INCLUDING, WITHOUT LIMITATION, THF, WATER, SOIL, AND GEOLOGY, (B) THE INCONIE TO BE DERIV�D FROM THE PROPERTY, (C) THE SUITABILITY OF THE PROPERTY FOR ANY AND ALL ACTIVITIES AND USES WHICH C'�RANTEE MAY CONDUCT THEREON, (D) THE CONIPLIANCE OF OR BY THE PROPERTY OR ITS OPERATION WITH ANY LAWS, RULES, ORDINANC�S, OR KEGULATIONS OF ANY APPLICABLE GOVERNMEN'TAL AUTHORITY OR BODY, (E) THE HABITABILITY, NIERCHANTABILITY, NIARKETAI3ILITY, YROFITAI3ILITY OR I'ITNESS I'OR A PARTICULAR PURPOS� OF THE PROPERTY, (F) THE NIANNEIZ OR QUALITY OF THE CONSTRUCTION OR NIAT�RIALS, IF ANY, INCORPORATED INTO THE PROPER'TY, (G) THE NIANNER, QUALITY, STATE OF REPAIR OR LACK OF REPAIR OF THE PKOPERTY, OR (H) EYCEI''T FOR THE WARRANTY OF TI'I'LE IN THIS CTKANT, ANY OTHER 1�IATT�R WITH RESPECT TO THE PROP�IZ'TY, ANll SPECIFICALLY, GRANTORS HAVE NOT NIADE, DO NOT VIAKE AND SPECIFICALLY DISCLAINI ANY KEPRESENTATIONS REGARDING COVIPLIANCE WITH ANY ENVIRON�IENTAL PRO'TECTION, POLLUTION OR LAND USE LA�VS, RULES, REGULATIONS, ORll�RS OR REQUIREl�II+;NTS, INCLUDING SOLID WASTE, AS DEFIN�D BY THE U.S. L+'NVIRONI��IENTAL YROT�CTION �G�NCY REGULATIONS AT �t0 C.F.R., PAKT 261, OR THE DISPOSAL OR EYISTENCE IN OR ON THE PROPER'TY OT ANY ENVIRONVIENTAL SUBSTANCES, HA'LARDS OR CONDITIONS OR PRESENCE OF ANY ENDANG�R�D O1Z PRO'1'ECI ED SPI:CIES 1'H�R�ON. FOR YURPOSES HEK�OF, "LNVIRONMENTAL SUI3S'TANCES" YLEANS TH� FOLLO�VING: (A) ANY "HA'LARDOUS SUI3S1 ANCL" AS llEFINED BY THE CO�IPR�H�NSIVE LNVIRONI�IEN'1 AL RLSPONSE, CONIP�NSATION AND LIABILITY r�CT OF 1980, -�2 U.S.C.A. S�CTION 9601 LT. SEQ., AS Ai�IENDEll, . AND REGULATIONS YRONIULGAT�D 'THER�UND�R, (I3) ANY "HAZARD(aUS SUBSTANCE" UNllER THE 'I'EYAS HA'LARllOUS SUI3STANCES SYILL PREV�NTION AND CONTKOL ACT, TEY. VVA1'CK CODE, SECTION 26.261, �T. SEQ., AS ANIENDED, (C) PETROLEUi�I OR PETROLEU�I-BASED PRODUCTS (OR ANY DERIVATIV� OR HA'LAI2DOUS CONSTITUENTS 'THEREOF OR ADDITIVES TH�KETO), INCLUDING `VITHOUT LINIITATION, FUEL AND LUBRICATION OILS, (D) ANY "HA'LARDOUS CHENIICALS" OR "TOYIC CHENIICALS" UNDER THE OCCUPATIONAL SAFETY AND HEAL'TH ACT, 29 U.S.C.A. S�CTION 651 ET SEQ., AS ANIENDED, (E) ANY "HAZARDOUS WASTE" UNDER THE RESOURC� CONSERVATION AND RECOVERY ACT, 42 U.S.C.A. SECTION 6901 ET SEQ., AS ANIENDED, (F) ASBESTOS, (C'T) YOLYCHLORINATED BIPHENYLS, (H) UNDERGROUND STORAG� TANK5, WHETHEK I;MPTY, FILLED, OR PARTIALLY FILLED WITH ANY SUI3STANCE, (I) ANY SUBSTANCE, THE PRESENCE OF WHICH IS PROHIBITED BY FEDERAL STATE OK LOCAL LAWS AND REGULATIONS, AND (J) ANY OTHER SUBSTANCE WHICH BY I'�D�RAL, STATE OR LOCAL LAWS AND REGULATIONS REQUIRES SPECIAL HANDLING OR NOTIFICATION OF GOVERNIV�NTAL AUTHORITIES IN ITS COLLECTION, STORAGE, TREATMENT OR DISPO5AL. REFERENCES TO YARTICULAR ACTS OR CODIFICATIONS IN THIS DEFINITION INCLUDE ALL PAST AND FUTURE AMENDMENTS THERETO, AS WELL AS APPLICABLE RULES AND REGULATIONS AS NOW OR HEREAFTER PROMULGATED THEREUNDER. TO HAVE AND TO HOLD the easement herein described and herein conveyed together with all and singular the rights and appurtenances thereto in any wise belonging unto Grantee and its assigns until terminated or abandoned; and Grantors do hereby bind themselves, their heirs, executors, administrators, successors and assigns to warrant and forever defend all and singular the said easement herein conveyed unto Grantee and its assigns against every peison whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under Grantors but not otherwise. IN WITN�SS WHEREOF, this iiistrument is executed on the dates ackno�vledged below. CITY OF FORT WORTH Tom Higgins, City Manager B y: / Gfil•�'it�tµ'o GN�---� I�(ame: �'�t'tt�hd� ��#� Title: s � �rt �.-� y � �+��; R Wortli City Attorney �� ,, „ a 0 �FFICIAL REC�� i! I, �;I'� SECREiA�Ii' �r7'. W0�'�'&�, �'�� Approved as to form: Sarah F,ulle►iwider, F� �� J��11 'l�� Jij ,.,�y: i �,. , G l � V Name: , ' �:. Title: �r-s;l— (�i �-i�, Attest: ry nayscr; reta � CITY OF DALL�-1S Mary K. Suhm, City By: _ Name: Title: Ti Attest: Rosa A. Rios, City S�c�et�pyA ��''�%, ,,. .,....., � � ,,, ,, : q ,,• ,. � ; .. ~�: � •�� i : _t--� _ Acknowledgment ° � � � ' '" . . State of Texas County of TaiYant This instrument w s acknowledge �2�t/,��do os�2 , municipality, on behalf of said municipality. L-VONIA DAA�IELS '�4Y C01viMISSION EXP�RES ,!uly 10, 2013 Approved as to form: Thomas P. Perkins, Jr /'� y: � Name: � ��k. F. , by y of Fort Worth, a Notary Public's Signature Acknowledgment State of Texas County of Dallas This instrument was acknowledged before me on �b2�/��/� by .��Q,�'t�( �• c�GC�tda1 , �-�1 ��G.�i'' of the City of Dallas, a municipality, on behalf of said municipality. `' ,� ; 10`;` t��;" �r � ��1vrR ' � �� t ��, ��E��. �� , � ,�x� �1 �.- Siitc ot t��i�� Z01� ;� \+'i�� c �� '�r (.�r_�r� _�:xpirr � 10 2'S �,.� . �.% ,-r-Y-.�- � lic's Signature ; � ., . '• � �'-. �'• •...... •;�Q.,,,,: , � � ��'''�� „� � � T � �,,``'�, ., Dallas City Attorney After recording please return this instrument to: Director of Real Estate Dallas Area Ra�id Transit P.O. I3ox 660163 Dallas, TeYas 75266