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