17 - SURPLUS 12.662 ACRES AT COX FIELDItem No. 17
memorandum
TO: City Council
John Godwin, City Manager
FROM: Shawn Napier, P.E.
Director of Engineering, Planning & Development
SUBJECT: SURPLUS 12.662 ACRES 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. AgPro currently has
429 acres leased from the City of Paris that includes the 12.662 acres.
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. An appraisal of the property was performed in May 2014. The
appraisal value was approximately $7,000 per acre. In order to sell the property the City must
declare the property surplus and advertise for bids.
BUDGET: The appraised value of the 12.662 acres of land is $89,000. If the property is sold
this amount would be the minimum bid for the property.
RECOMMENDATION: Declare 12.662 acres at Cox Field surplus and authorize the disposition
of the property.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
DECLARING 12.662 ACRES OF LAND LOCATED IN THE 800 -900 BLOCK
OF FM 1508 (EAST SIDE) AND GENERALLY AT THE NORTHWEST
CORNER OF COX FIELD AIRPORT, BEING PART OF THE WILLIAM SCOTT
SURVEY # 856, CITY OF PARIS, LAMAR COUNTY, TEXAS TO BE SURPLUS
PROPERTY; AUTHORIZING THE SALE OF THE PROPERTY BY
COMPETITIVE SEALED BID IN ACCORDANCE WITH STATE LAW; MAKING
OTHER FINDINGS AND PROVSIONS 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 acres 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.
WHEREAS, the appraised value of the 12.662 acres of land is Eighty -Nine Thousand
Dollars and No /100 ($89,000.00). If the property is sold this would be the minimum
dollar amount accepted for the land; and
WHEREAS, the City Council of the City of Paris, Texas, hereby authorizes the sale of
the property in accordance with state and local law.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS, THAT:
Section 1. That the findings set out in the preamble to this resolution are hereby
in all things approved.
Section 2. That the 12.662 acres of land at Paris Cox Field Airport more
particularly described in the Surplus Property Release attached hereto as Exhibit "A ", be,
and the same is hereby, declared to be surplus.
Section 3. The property may be offered for sale by competitive bid in
accordance with State law with a minimum reserve of Eighty -Nine Thousand Dollars and
No /100 ($89,000.00).
PASSED AND ADOPTED 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 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 Deed
Records of said County and State.
Beginning at a nail (f) for corner 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 °58'21" 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 called1.311 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 comer at the Northerly Northwest comer of said City of Paris 1552.97 acre tract, at
the Northeast comer 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'' /2" capped (NELSON SURVEYING) iron pin (s) for corner;
Thence South 0° l9'35" East a distance of 1520.05 feet to a'' /2" 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 00 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 %" capped
(NELSON SURVEYING) iron pin (frs) for corner at the Southwest corner of said
Gribble 10 acre tract;
Thence North 89 °54'53" 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 _201_`(
UNITT STATES OF ME 1 }A
�- l _
By
L Manager, Airports Divisi n
` Southwest Region
Federal Aviation Administrate
Department of Transportation
The State of "Texas
City of Tarrant
BEFORE ME, the undersigned authority, personally appeared fdwa.cl. Q!jYy ), 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 201 `{
Notary Public U��
[(340=40-008=141-1 My commission expires: ` STAY$ OF TEXAS
ACCEPTANCE
The � Xdd e- does hereby accept this Deed of Release and by such
acceptance 7
agrees to all of the terms, conditions and limitations thereof.
City of
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Title CS-�t Nnnor
State of 1 AVI$
City (or Parish) of VAQZ &
BEFORE ME, the undersigned authority, personally appeared - dC (N Gvdk)J, C) . 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 RiAG and that he /she executed the
same as the act of said City of for the purposes and consideration and subject to the terms and
conditions then "expressed.
,•'�� and and seal of office this the �_ day of bel� CYO Q ?0.
ti
mn� 3 U
Notary Public
a My commission expires:
� OF
s,�a •O PIR_,�'
y�.....mss 2�N� CERTIFICATE OF GRANTEE'S ATTORNEY
1, 16-. -, i�' acting as attorney for A44, h rein
referred to as the "grantee," do her Ay certify: That I have examined th f regoing 46pa
and the p roceedings taken by the grantee relating thereto, and find that the acceptance thereof by
grantee has been duly authorized and that the execution thereof is in all respects due and proper and in
�accor ante with e laws of the State of IZLI@d /ir- , and further that, in my opinion, the
D� constitutes a legal and binding compliance obligation of the grantee in accordance
with the terms thereof.
Dated at this-g�day o0— WAi fL
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