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16 - FAA SURPLUS PROPERTY RELEASE AT COX FIELDItem No. 16 memorandum TO: City Council John Godwin, City Manager FROM: Shawn Napier, P.E. Director of Engineering, Planning & Development SUBJECT: FAA SURPLUS PROPERTY RELEASE AT COX FIELD DATE: January 6, 2015 BACKGROUND: AgPro requested to purchase additional property form the City of Paris for possible expansion. They have requested 12.662 acres land east of the current 10 acres they own at the Northwest corner of Cox Field property. The City of Paris requested a surplus property release from the Federal Aviation Administration (FAA) in August 2014. STATUS OF ISSUE: The City of Paris received a formal letter from the FAA in December 2014 releasing the restrictive deed covenant on the 12.662 acres. The FAA has determined that the release of the property will not adversely affect the development, improvements, operation or maintenance of the airport. BUDGET: The appraised value of the 12.662 acres of land is $89,000. If the property is sold this would be the minimum dollar amount accepted for the property. RECOMMENDATION: Accept the Deed of Release from the Federal Aviation Administration. Draft RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACCEPTING A SURPLUS PROPERTY RELEASE FROM THE FEDERAL AVIATION ADMINISTRATION ON 12.662 ACRES OF LAND ADJACENT TO NORTHWESST CORNER OF PARIS COX FIELD AIRPORT SITUATED WITHIN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, PART OF THE WILLIAM SCOTT SURVEY #856, AND BEING PART OF A CALLED 1552.97 ACRE TRACT OF LAND CONVEYED TO THE CITY OF PARIS BY DEED RECORDED IN VOL. 308, PAGE 287 IN THE LAMAR COUNTY DEED RECORDS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Paris owns approximately 1,552.97 acres of land located North of US 271 and East of FM 1508 (Airport Road) a portion of which is designated as Paris Cox Field; and, WHEREAS, this land was conveyed to the City by the United States War Assets Administration Department following World War II for development and use of a municipal airport; and, WHEREAS, AGPRO, Inc. a manufacturer of dairy equipment located at 859 Airport Road, Paris, Texas is looking to expand its current operation in Paris and is interested in purchasing approximately 12.662 acres to the east and adjacent to its current 10 acre facility; and WHEREAS, in connection with AGPRO'S proposed project, the City requested and received a Surplus Property Release from the Federal Aviation Administration for the 12.662 acre tract described in the Surplus Property Release attached hereto as Exhibit "A "; and WHEREAS, the City and the FAA have determined that the AGPRO project will not adversely affect airport operations, growth or development of Cox Field. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble of this resolution are hereby in all things approved. Section 2. That the Surplus Property Release as described and attached hereto as Exhibit "A" is hereby accepted by the City Council of the City of Paris, Texas. Section 3. That this resolution shall be effective from and after the date of passage. PASSED AND APPROVED this 12th day of January, 2015. Matt Frierson, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney SURPLUS PROPERTY RELEASE Paris Cox Field Airport This instrument, a Deed of Release, made by the United States of America, acting by and through the Manager, Airports Division, Southwest Region, Federal Aviation Administration ( "FAA "), and pursuant to the powers and authority contained in the provisions of 49 U.S.C. §47153, to the Paris Cox Field Airport, a body politic under the laws of the State of Texas, Witnesseth: WHEREAS, the United States, acting by and through the General Services Administrator, under and pursuant to the powers and authority contained in the provisions of the Surplus Property Act, did convey to the City certain lands and other properties in the City of Paris, State of Texas, being generally described as "Paris Cox Field Airport" (hereinafter termed "Airport"), which was filed for record in the original government Deed Without Warranty dated February 25, 1949, transferring property containing Paris Cox Field Airport from the War Assets Administration to the City of Paris, Texas; WHEREAS, under the stated "Deed ", the City, for itself, its successors and assigns, assumed certain obligations and agreed to certain conditions, reservations, restrictions, warranties, and covenants which run with the land; WHEREAS; the City has requested to the FAA for release of a 12.662 acres; WHEREAS, the said Manager, Airports Division, has determined that the release of said property (1) will not prevent the accomplishment of the purpose for which the property was transferred, (2) can be granted without materially and adversely affecting the development, improvement, operation, or maintenance of the Airport; NOW THEREFORE, for and in consideration of the above- expressed recitals and of the benefits to accrue to the United States and to civil aviation, the United States of America, upon inclusion by the City in the Instrument of Transfer conveying title to the hereinafter described real property of provisions as follows: (1) That the City of Paris 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 hereinafter described, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used, for navigation of or flight in the said airspace, and for use of said airspace for landing on, taking off from or operating on the Paris Cox Field Airport, (2) That the Grantee expressly agrees for itself, its successors and assigns to restrict the height of structures, objects of natural growth and other obstructions on the hereinafter described real property, (3) That the Grantee expressly agrees for itself, its successors and assigns to prevent any use of the hereinafter described real property which would interfere with landing or taking off of aircraft at the Paris Cox Field Airport, or otherwise constitute an airport hazard, hereby releases the said real property from the conditions, reservations and restrictions as contained in the above - mentioned Instrument of Transfer from the United States of America to the City of Paris, which real property consists of a tract of 12.662 acre more or less, with the following descriptions: Situated within the Limits of the City of Paris, County of Lamar, and State of Texas, part of the William Scott Sur,ey #856, and being part of a called 1552.97 acre tract of land conveyed to the City of Paris by deed recorded in Vol. 308, Page 287, in the Deed Records of said County and State. Beginning at a nail (f) for comer at the Southeast comer of a called 10 acre tract of land conveyed to D. Joe Gribble et ux by deed recorded in Vol. 271, Page 61, in the Real Property Records of said County and State, said Gribble 10 acre tract originally being part of said City of Paris 1552.97 acre tract. Thence North 0 °19'35" West (reference bearing) a distance of 1024.97 feet to a nail (f) for corner at the Northeast corner of said Gribble 10 acre tract; Thence South 89 °5821" West along the North Boundary Line of said Gribble 10 acre tract a distance of 125.19 feet to a 3.5" metal post (f) for corner of said City of Paris 1552.97 acre tract and at the Southeast corner of a called 1.311 acre tract of land conveyed to Douglas W. Cato et ux by deed recorded in Vol. 687, Page 264, in said Real Property Records; Thence North 0 °22'56" West with a fence a distance of 188.09 feet to a 3" metal post (f) for corner at the Northerly Northwest corner of said City of Paris 1552.97 acre tract, at the Northeast corner of said Cato 1.311 acre tract, and in the South Boundary Line of a called 1.84 acre tract of land conveyed to Douglas W. Cato et ux by deed recorded in Vol. 266, Page 234, in said Real Property Records; Thence with a fence along the Northerly North Boundary Line of said City of Paris 1552.97 acre tract as follows: North 86 °56'29" East a distance of 101.78 feet to a 3.5" metal post (f) at the Southeast corner of said Cato 1.84 acre tract and at the Southwest corner of a called 102.83 acre tract of land conveyed to Coston Investment Co., LTD, by deed recorded in Vo. 781, Page 8, in said Real Property Records; North 87 °36'32" East along the South Boundary Line of said Coston 102.83 acre tract a distance of 296.20 feet to a %" capped (NELSON SURVEYING) iron pin (s) for corner; Thence South 0 °19'35" East a distance of 1520.05 feet to a' />," capped (NELSON SURVEYING) iron pin (s) for corner; Thence South 89 °54'53" West a distance of 669.12 feet to a %z' capped (NELSON SURVEYING) iron pin (s) for corner; Thence along the East Boundary Line of Farm Road 1508 / Airport Road as follows: North 0'19'57" West a distance of 82.84 feet to a concrete marker (f); Northerly around a curve (R= 5769.58', C =North 0 °58'39" West 152.75') to the left a distance of 152.75 feet to a concrete marker (f) North 1'44'44" West a distance of 54.20 feet to a %z" capped (NELSON SURVEYING) iron pin (frs) for corner at the Southwest comer of said Gribble 10 acre tract; Thence North 89 °5453" East a distance of 399.90 feet to the place of beginning and containing 12.662 acres of land. By its acceptance of this Deed of Release the (Airport Owner) 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 day of L—W Q 4-Y42 K- 201_�L_. UNIT S'K'ATES OF AME 1 A ��lL By. l' Manager, Airports Division Southwest Region Federal Aviation Administrati Department of Transportation The State of Texas City of Tarrant BEFORE ME, the undersigned authority, personally appeared fe"(L l a ek), the above - named official of the Southwest Region, Federal Aviation Administration, Department of Transportation, who acknowledged she is the official who subscribed to the foregoing instrument for the purposes and consideration expressed in the instrument and that the same is executed as the act and deed of the Administrator, Federal Aviation Administration, Department of Transportation, acting for and on behalf of the United States of America. GIVEN under my hand and seal of office this the � day of ])9:L M-WI 20� Notary Oliblic r KARE1d PA MREZ My commission expires: STATE OF TEXAS ACCEPTANCE The — does hereby accept this Deed of Release and by such acceptance agrees to all of the terms, conditions and limitations thereof. City of�>rtj Bye /�.. ---- Title CS -�•1pJ State of ► k%s City (or Parish) of VP,(ZUS BEFORE ME, the undersigned authority, personally appeared_vh (\ r) who acknowledged to me he /she is the official who subscribed the foregoing instrument while acting in the capacity stated therein, that the same was the act of the said City of P69AF�, and that he /she executed the same as the act of said City of ._?4V.1.S_ for the purposes and consideration and subject to the terms and conditions the=i&axnressed. G Yy and and seal of office this the day of *betXnr4Oe _ .20 . %�y.. <' s —�� Ar\ ti h �n? = Notary Public My commission expires: CERTIFICATE OF GRANTEE'S ATTORNEY 1, V. 2:4� acting as attorney for h rein referred to as the "grantee," do herAy certify: That 1 have examined th f regoing and the proceedings taken by the grantee relating thereto, and find that the acceptance thereof by t e grantee has been duly authorized and that the execution thereof is in all respects due and proper and in accor ance with e laws of the State of — --' and further that, in any opinion, the we constitutes a legal and binding compliance obligation of the grantee in accordance with the terms thereof. Dated at this-f*day