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HomeMy WebLinkAboutContract 44238 SF.(;RETARy I,i 'I Q COWRACT 0061 111UBL MASS TRANSIT EAS E NI .NT sTivrE OF TEXAS § 0 § KNOW ALL MEN BY THESE PRESENT COUNTY OF DALLAS § That the City of Dallas, Of the County of Dallas, State of Texas, pursuant to Resolution No. 13-0185, adapted January 23, 2013, and the City of Fort Worth, of the County of Tarrant, State of Texas, adopted' a y 1 �, 2013, hereinafter referred to as "'Grantors"', whether one or more, for the suril of Ten Dollars $10.00) and other good and valuable consideration to the Dallas/Fort wrt Worth International Airport Board, laereinafter referred to as "the Airport Guard", receipt of which is hereby acknowledged, a nd 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 Traiisit Authority, hereinafter referred to as "Grantee", an easement "this Easement") to construct, reconstruct, and perpetually maintain, at Grantee's sole cost and expense, public rail transit facilities, Including without limitation associated utilities." communication, facilities, bridcye structures, pa n , and any other related facilities or structures that facilitate, support or promote public rail transit,, in, upon" under or across a tract of land at Dallas/Fort Worth International Airport ("DFW Airport"), more particularly described in Exhibit A "the Property"'), which is attached hereto and incorporated herein for any and all put-poses.. This Easement shall include the subsurface of the Property to a depths of no more than 30 feet below existing ground level and the airspace above existing ground level of the Property to a height of� more than feet. This Easement is expressly made SLI ect to Grantors' and Airport Board's, and their respective tenants, successors or assigns, rights to male any use of or construct any improvements unl above, below or through the Property or anywhere within this Easement so long as such use or improvements within this Easement clo not unreasonably interfere with Grantee IS use of this Easement for permitted purposes. Grantors reserve for the benefit of the Airport Board, and for those acting by or through them, the right to use and to have ingress to and egress froni the public access areas of the Property for any lawful PLIFpose. Nothing in this Easement shall affect Grantors' title to all of the oil, gas and other minerals in and under and that may be produced fa ng the property or any land at DFW Airport provided that the Surface of the Property shall not be used for the purpose of exploring, developing or mining or drilling for same in a manner that interferes with Grantee's use of the surface and subsurface of this Easement for the permitted purposes. Grantors retain log their own benefit, arid f'or the beuie it of all aircraft, operators, a right of avig utut n above the Property. Said right of avi ation includes the right of free and unobstructed pas acre of aircraft '. airc raft" being clef:-ined as any contrivance now known or hereafter invented, used or designed for ravat� c. l or �lat qua the air), by l ova ae operated, qua t airspace above ad adjacent: to the P erty, at or above the elevation of 840 feet above mean sea level, or structural heights established by applicable local z ni cy ordinances, whichev height s lower, Sch ea hcreinafter referred to as leral i tte c air acc , tMzetaer with t ac ri u t in all air aa e above the ui- aw e fl, e t c c . � r ar acy s to die Property or to persons OCCLI i g, � cl suc Property, from riois ,� s CITY SECRETARY FTa WORTH,TX V]D 4 RECEIVEO RECFIVED MAR ru fuel, lubricant particles, arld all other effects that may be caused by the operation of aircraft in the Permitted air space. Grantors,, their Successors and assigns, also reserve and retain a continUincy right to take any taction necessary to prevent the erection or growth of any StrLICtLire, tree or other object into the pern-iitted air space and to remove from the permitted air space any and all structures, trees or other objects that may at any time project or extend into same, together with the right of ingress to, egress from and passage over the Property for Such purposes,. Further, as a condition of this Easement, and as paIlL of the consideration therefor, Grantee, by the acceptance of this grant,, hereby aurees to waive, release, and forever acquit Grantors, the Airport Board, and their respective successors and assigns, and their officers, agents and employees, from and against any and all claims for darn ages of any kind that Grantee rnicr4:7 ht hereafter assert by reason of the passage of any and all aircraft within the Permitted air space as defined above. By acceptance of this grant, Grantee agrees not to file a claim or laWSLlit against Grantors, the Ali-port Board, and their respective Successors and assigns, and their officers, agents, and employees, for personal injury (including death), property damage or other harill 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 frorn, or operating at, on, or adjacent to the DFW Airport as it is now or as i,t 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 persons or property caused by falling aircraft or falling, physical objects frol l aircraft, except as stated herein with respect to noise, vibration, fumes, 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, heirs, executors, administrators and assigns, and shall be a covenant running with the land. This Easement is Subject to all other easements, leases, agreements, licenses, or other interests that affect the Property, and that are matters of public, record or would otherwise be disclosed by title examination, survey, investigation or inquiry, including, without limitation the rights of parties in possession of the Property, heal over upon, Linder, through I in or across the Property ("the OCCLIpancy Interests1l). , w , This Easement is also subject to any utilities, pipelines or communic,ations facilities, including without limitation water and wastewater lines, gas lines, and storm sewers, owned or operated by Grantors or ally other entity, public or private ("the Utilities"). Grantee shall, be solely responsibile, at its expense, for determining and verifying the location of Occupancy Interests and Utilities in, oil or around the Property and this Easement and for properly protecting and/or relocating the Occupancy Intercsts, and the Utilities, including without lira nation those owned by Grantors, or Airport, Board., Any information that has been provide or is, provided I the location of'any Occupancy Interests or prov ided by Grantor or Airport Board regardincy I Z:) Utilities, whether within the Easement, the Property or elsewhere, is for general information only and shall not relieve the Grantee of the above stated obligation to independently determine and verify the location of Occupancy Interests and Utilities. Grantee ackilowledues that Grantors have the power of erninent domain as to this Easement, and if it 47) ever becomes necessary for Grantors to take part or all of the Property for a public purpose, Grantors shall have the option of n'i it'll 10atl*ng their dLIty to pay just con,ipensation by relocating the Easement and all affected facilities at Grantors or Airport Board's expense. Except as set forth herein, neither Grantors [ior the Airport Board shall be obligated b this Easement to construct any improvenlents on the Property Z:> y or servicing, the Property. A' 11 improvements C011SUTICted on the Easement by Grantee or for Grantee, as, well as all (alterations or additions thereto niade by Grantee, shall be owned by Grantee; provided that upon, termination 01' abandonment of this Etasenient by Grantee., the Airport Board shall have the right, within the Airport Board's sole discretion, to compel Grantee to either (a) remove improvements and restore the Property as, specified by the Airport Board, at Grantee's expense, or (b), abandonand not remove iniprovements as specified by the Airport Board, nor waste!, destroy, dernolish or alter them, without payment of consideration therefor, Which upon such abandonment shall becorne automatically owned by Airport Board, without the need for any further deed or(10CLImentation. Ar Grant,ee shall not consent to any liens, on the Property,, al'id Grantee shall undertake tit its sole expense to discharge or void any liens involuntarily asserted acyainst the Property as a result of Grantee's operations within, the Property. In the event of a conflict between the ordinancies, codes, regUlations,, rules or policies of Grantors or the Airport Board and those of Guintee, those of Grantors or the Ali-port Board shall be controlling. Notwithstanding anything that Could be construed to the contrary, and as a condition of this Easement, and as part of the consideration therefore, Grantee, by the acceptance of this grant,, expressly agrees tnat no construction. shall be performed on the Property or within 'the Easement until Airport Board has reviewed and approved Grantee's p�lans and has issued a permit allowing such C01IStrUCtion pursuant to provis,ions, of Airport Board"s Construction and Fire Prevention Resolution or any other rules and, regulations ofAirport 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 WHATSOEVERI WHETHER EXPRESS OR IN11PLIED, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, OF9 AS, TO, CONCERNING OR WITH RESPECT TO, (A) THE VALUE, NATURE, QUALITY OR CONDITION OF' THE PROPERTY', INCLUDING, WITHOUT LIMITATION', THE WATER, SOIL, AND GEOLOGY, (B�), THE INCOME TO, BE DERIVED FROM THE PROPERTY, (C) THE SUITABILITY OF THE PROPERTY FOR ANY AND ALL ACTIVITIES AND USES WHICH GRANTEE MAY CONDUCT THEREON, (D) THE COMPLIANCE OF OR BY THE PROPERTY OR ITS OPERATION WITH ANY LAWS, RULES, ORDINANCES, OR REGULATIONS OF ANY APPLICABLE GOVERNNIENr rAL AUTHORITY OR BODY9 (E) THE HABIr f ABILITY,, NIERCHANTABILITY, MARKETABILIT Y, PROFITABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE PROPERTY, (F) THE MANNER OR QUALITY OF THE CONSrFRUCTION OR MATERIALS, IF ANY, INCORPORATED INTO THE PROPERTY, (G), THE MANNER, QUALITY, STATE OF REPAIR OR LACK OF REPAIR OF THE PROPERTY, OR (H) EXCEPT! FOR THE WARRANTY OF TITI,,.E IN THIS GRANT., ANY OTHER MATTER WITH RESPECT r rO THE PROPERTY, AND SPECIFICALLY, GRANTORS HAVE NOT MADE, DO NOT MAKE AND SPECIFICALLY DISCLAIM ANY RE'PRESEN r I'A"riONS, REGARDING COMP`LIANCE WITH ANY ENVIRONMENTAL PROTECTION, POLLUTION OR LAND USE LAWS, RULES, REGULATIONS, ORDERS OR REQUIREMENTS, INCLUDING SOLID WASTE, tks DEFINED BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY REGULATIONS AT 40 C.F,R., PART 261, OR THE DISPOSAI-j ()R EXISTEN(--.qE IN OR ON THE PROPERTY OF ANY ENVIRONME'NTAL SUBSTANCES, HAZARDS OR CONDITIONS OR PRESENCE OF ANY ENDANGERED OR PROTEC"I"ED SPECIES THEREON. FOR PURPOSES HEREOF, "ENVIRONMENTAL SUBSTANCES"' MEANS THE FOLLOWING: (A) ANY "HAZARDOUS SUBSTANCE"' AS DEFINED BY THE C01VIPRE HENS I VE ENVIRONMFN r rAL RESPONSE, COMPENSATION AND LIABILITY ACT OF 1980, 42 U.,S.C.A. SECIJON 9601 ET. SEQ,,p AS A MENDED, . AND REGULATIONS PROMULGATED r rHEREUNDER', (B) ANY "HAZARDOUS SUBSTANCE"' UNDER THE TEXAS HAZARDOUS SUBSTANCES SPILL PREVENTION AND CONTROL ACT', TEX. WATER CODE, S' CTION 26,261, ET, SEQ., AS ANIENDED, (C) PETROLEUM OR PE r FROLEUM-BASED PRODUCT'S (OR ANY DERIVATIVE OR HAZARDOUS CONSTITUENTS THEREOF OR ADDITIVES THERETO), INCLUDING WITHOUT LINUT'ATION, FUEL AND LUBRICATION OILS, (D) ANY "HAZARDOUS CHEMICALS" OR "TOXIC CHENUCALS" UNDER THE OCCUPATIONAL SAFETY AND, HEALTH ACT, 29 U.S.C.A. SECTION 651 ET SEQ4,1 ,AS, AMENDED, (E) ANY AZARDOUS WASTE"' UNDER THE RESOURCE CONSERVATION AND RECOVERY ACT, 42 U.S.C.A, SECTION 61901 ET EQ*, AS ANIENDED, (F) ASBESTOS, (G) POLY CH LORIN ATED BIPHENYLS, (H) UNDERGROUND STORAGE TANKS, WHETHER EMPTY, FILIjED, OR PARTIALLY FILLED WITH ANY SUBSTANCE, (1) ANY SUBSTANCE, THE PRESENCE OF WHICH IS PROHIBITED BY FED RA STATE OR LOCAL LAWS AND REGULATIONS, AND (j) ANY OTHER SUBSTANCE WHICH BY FEDERAL, STATE OR LOCAL LAWS AND REGULATIONS REQUIRES SPECIAL HANDLING OR NOTIFICATION OF GL VERNMIENTAL AUTHORITIES, IN ITS COLLE,Cr riON, STORAGE, TREATMENT OR DISPOSAL. REFERENCES TO PARTICULAR ACTS OR CODIFICATIONS IN THIS, DEFINITION INCLUDE ALL PAST AND FUTURE AMENDMIENTS THERETO., AS WELL AS APPLICABLE RULES AND REGULATIONS AS NOW OR HEREAFTER PROMULGATED THEREUNDER. 0 TO HAVE AND TO HOLD the casement herein described and herein conveyed together with all and 0 sin ular the rights and appurtenances thereto, in any wisie belonoing, Unto Grantee and its assigns until 9 Ll�, terminated or abandoned; and Grantors do hereby bind themselves, their heirs, executors, administrators' successors and assigns to waiTant and forever defend all and singular the said easement herein conveyed unto Grantee and its assigns against every person whornsoever lawfully claiming or to claim the same or any part thereof, by, through or under Grantors but not otherwise. IN WITNESS WHEREOF, this instriin-ilent is executed on the dates acknowledged below., CITY OF FORT WORTH Tom Higgins, City Manager B y Approved ato form:IT Name- Fem Sarah F�,,ullenwider, F'ort, Worth City Attorney ti er Assistant City MFIrlag Title: 71 Na me: WAV1`1- 1"itle t kv 11A, '*AhL : -Jia�� 1 ......M,bwn'miawwWwmWiwv:i.imwmww� A Attest: 00, -y kiq�erQ -e Z�/ecretary OFFICIAL,RECORD 0000 no '0CY CITY SECRETARY Re WORTHs TX waxw� .......... ........... CITY OF DALLAS Mary K. Suhm, City ajiager B y.- Approved as to form.- Name: &It A Tliol in rn a,s P. Perkins, Jr., Dallas, City Attoey k, s3 Title: eVA —MAInAll-w— .................... 'Y4 Nanie: Title.- Attest: Rosa A. Rios,, City SQc,614)yA "Fl/ < or kp Acknowledgment Z, State of Texas co County of Tarrant Vol This instrument w, s. acknowledged before me oi"1,1� k& 01Z by /91,,1A,At IZ141 I riej of the City of Fort Worth, a municipality, on behalf of said municipality. V Of EVOINIA DANIELS � 1AMISSION EXPIRES Ay CC )oze cluly 10,2 3ot a v ry, Public's SignatUre Acknowledgment State of Texas County of Dallas This instrument was acknowledged before nie on h?. by -q d-IrIH of the City of Dallas, a municipality, U on behalf of said mUniCipality. �jl f AVF j t t)I C f CAX3 "11c a ry Public's, S1('7nr ture 'I Ij cr After recording, please return this instrument to: Director of Real Estate Dallas Area Rapid Transit P.O. Box 660163 Dallas,Texas 75266