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1510 RES CITY COUNCIL IN RES NO 1500 AUTHORIZED SALE OF 10 ACRE PLOTRFSOLUTION N0. 1510 WHEREAS, the City Council of the City of Paris did hereto- fore in Resolution No. 1500 authorize the sale of a 10 acre plot out of the Cox Field property to Paris, Texas Industrial Foundation, Inc. at a consideration of $7,000.00; and, WHEREAS, Cox Field and said 10 acre tract are subject to the terms of two surplus property instruments dated the 25th day of February, 1949 and the 26th day of June, 1959, respectively, by which the airport land and certain buildings and improvements thereon were conveyed to the City of Paris and such property was also subject to the terms of a grant agreement for Project No. 9-41-149-5701, dated the 17th day of June, 1957, which, together, require that the Federal Aviation Administration on behalf of the United States of America must be assured that an amount at least equal to the current fair market value of the released property be expended for airport purposes; and, WHEREAS, the current fair market value of the 10 acre tract has been established at $7,000.00; and, WHEREAS, the Administrator of the Federal Aviation Administration has duly authorized the Director, Southwest Region, Federal Aviation Administration, to execute deeds of release on behalf of the United States, and the same has been accomplished; and, WHEREAS, it is necessary that the City of Paris accept the terms of said release, a copy of which is attached hereto as Exhibit A; NOW, THEREFOR E, BE IT RFSOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS2 That the deed of release dated September 11, 1972, from the United States of America to the City of Paris, Paris, Texas, attached hereto as Exhibit A, is hereby accepted; and, BE IT FURTHER RFSOLVED, That the City of Paris does hereby agree to all of the terms and conditions imposed upon it by the hereinabove described deed of release. Passed and adopted this 25th day of September, 1972. , - ~ , ;f r Jaos W. Farris,' Mayor i ' ATTEST • . ~ H. C. Greene, City Clerk AP OVED FORM : T. K. Haynes ity Attorney D E E D 0 F R E L E A S E This instrument, a Deed of Release, made by the United States of America, acting by and through the Directar, Southwest Region, Federal Aviation Admin- istration, under and pursuant to the powers and authority contained in the provisions of Public Law 81-311 (63 Stat. 700), as amended, to the City of Paris, Paris, Texas, a body politic under the laws of the State of Texas, WITNESSETH: WHEREAS, by Deed Without Warranty dated the 25th day of February, 1949, and Instrument of Transfer dated the 26th day of June, 1951, which instruments are made a part hereof by reference, the United States of America, acting by and through the General Services Administrator, under and pursuant to the Federal Property and Administrative Services Act of 1949, and the Surplus Property Act of 1944 (58 Stat. 765) as amended, and as amended by Public Law 311-81st Congress, and the regulations and orders promulgated thereunder, bargained, sold, granted and conveyed with warranty to the City of Paris, Paris, Texas, certain improvements and the real property hereinafter des- cribed, WHEREAS, the aforesaid real property is subject to obligations set out in the aforesaid Deed Without Warranty dated the 25th day of February, 1949, and Instrument of Transfer dated the 26th day of June, 1951, and the City of Paris, Paris, Texas, desires to sell a portion of the land hereinafter described, and to accomplish this purpose said City has made application for release and removal of the reservations, restrictions, and conditions and its obligations pertirient to the hereinafter described land, W1IEREAS, the Administrator of the Federal Aviation Administration, acting by and through the Director, Southwest Region, Federal Aviation Administration, has determined that release of the land described hereinafter from the above reservations, restrictions, and conditions will not prevent accomplishment of the purpose of which the property was transferred and is necessary to protect or advance the interests of the United States in civil aviation, and WHEREAS, the Administrator of the Federal Aviation Administration has duly authorized the Director, Southwest Region, Federal Aviation Administration, to execute deeds of release for and on behalf of the United States: NQW, THEREFORE, far and in consideration of the above expressed recitais anci of the hpnefits to accrue to the United States and to civil aviatior, t'ne EXHIBIT A United States of America, upon inclusion by the City of Paris, Paris, Texas, in the deed, lease, or other conveyance of a property interest in the hereinafter described real property of provisions as follows: (1) That the City of Paris, Paris, Texas, reserves unto itself, its successors, and assigns, 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 real property herein described, together with the right to cause in such airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used, for navigation or of flight in the said airspace, and for use of said airspace for landing on, taking off from, or operating on Cox Field, Paris, Texas; (2) That the Grantee expressly agrees for itself, its successors and assigns, to not erect, or permit the erection or growth of any structure, tree, or other object to a height above 630 feet MSL, unless otherwise approved by the Federal Aviation Administration or its successor in function, and the City of Paris, Paris, Texas, reserves unto itself, its successors and assigns for the use and benefit of the public, a continuing right and easement to take any action necessary to prevent the erection or growth of any structure, tree, or other object into the airspace above the aforesaid height limits and to remove from such airspace, or mark and light as obstructions to air navigation, any and all structures, trees, or other objects that may at any time project or extend above said height limits, together with the right of ingress to and egress from, and passage - over said real property for such purposes; and (3) That the Grantee expressly agrees for itself, its successors, and assigns, to prevent any use of the real property described herein which would interfere with landing or taking off of aircraft at Cox Field, Paris, Texas, or with the operation or maintenance of said airport as a public airport or which would otherwise cons- titute an airport hazard; . -2- HEREBY RELEASES the following real property from the conditions, reserva- tions and restrictions as contained in the aforementioned Deed Without Warranty dated the 25th day of February, 1949, and the Transfer Instrument dated the 26th day of June, 1951, which real property is situated in Lamar County, State of Texas, and described as follows: Situated in the County of Lamar, Texas, about six miles Southeast of the Lamar County Courthouse, and being a part of the tract of land conveyed to the City of Paris, by the United States of America, on April 24, 1949, and recorded in Volume 208, Page 287, Deed Records of Lamar County, Texas, and being more fully described as follows: Beginning at the most Westerly Northwest Corner of a tract of land owned by the City of Paris, Lamar County Records, Volume 208, Page 287, and known as Cox Field. Said point being in the intersection of the East Boundary Line of the County Road no. 1508, as it now exists, 200 feet in width, and the North Boundary Line of said tract in that area, also being the most Westerly Northwest Corner of the 10 acre tract of land described in this surve.y. Thence South 870 58' 40" East along the North Boundary Line of the City Property a distance of 301.5 feet to a point for corner. Thence North 10 48' 20" East along the WEst Boundary Line of the City Property a distance of 188.4 feet to a point for the highest Northwest Corner of described 10 acre tract. Thence North 890 44' East along the North Boundary Line of the City Property a distance of 99 feet to a point. Said point being the Northeast Corner of said 10 acre tract. Thence South 10 48' 20" West a distance of 188.4 feet to a point. Said point being 400 feet East of ,the most Westerly Northwest Corner of said 10 acre tract. Thence South 10 31' 30" West a distance of 504.5 feet to a point being 400 feet East of the East Boundary Line of the County Road. Thence South 20 40' East a distance of 347.3 feet to a point. Said point being 400 feet East of the East Boundary Line of County Road. - Thence South 10 40' West a distance of 190 feet to a point. Said point being the Southeast Corner of said 10 acre tract. distance of 400 feet to Shpoir~tNorth.87° 58' 40" West a _ Said point being the East Boundary Line of the County Road No. 1508, as it now exists 200 feet in width, also being the Southwest Corner of said tract. Thence the following distances along the East Boundary Line of the County Road no. 1508, and the West Boundary Line of the Cit~r Property. North 1 40' East a distance of 190 feet to a point. Thence North 20 40' West a distance of 347.3 feet to a point. . Thence North 10 31' 30" East a distance of 504.5 feet to the point of beginning, containing in all 10 acres of land, more or less. -3- By its acceptance of this Deed of Release the City of Paris, Paris, Texas, covenants and agrees for itself, its successors, and assigns, to comply with and observe all of the conditions and limitations hereof, which are expressly limited to the above described real property. IN WITNESS WHEREOF the United States of America has caused this Deed of Release to be executed as of the l~ day of 1972. UNITED STATES OF AMERICA BY DirectZ_Fj Southwes egion Federal Aviation Administration Accepted: CITY OF PARIS, PARIS, TEXAS BY James W. Farris, Mayor Attest: H. C. Greene, City Clerk Approved as to Form: T. K. Haynes, City Attorney -4- STATE OF TEXAS ) ) COUNTY OF TA.RRANT ) Before me, the undersigned authority, on this day personally appeared Henry L. Newman, Regional Director, Southwest Region, Federal Aviation Administration, Department of Transportation, known to me to be the person whose name is subscribed to the foregoing instrument and who acknowledged to me that he had executed the same as the act of the said Federal Aviation Admini= stration, acting for and on behalf of the United States of America, for the purposes and consideration therein expressed, and in the capacity therein stated. ~ GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS I/- DAY OF SEPTF24BER 1972. Notary Pub ic in and for Tarrant County, Texas My Cammission expires , STATE OF TEXAS ) ) COUNTY OF LAMAR ) Before me, the undersigned authority on this day personally appeared, of Paris known to me to be the person and official whose name is subscribed for the foregoing instrument, who acknowledged to me that the same was the act of the said of the City of Paris and that he had executed the same as the act of said who is the of the City for the purposes and con- sideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF SEPTIIKBER 1972. Notary Public in and for Lamar County, Texas My Cammission expires