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Item 4FCITY OF SOUTHLAKE MEMORANDUM October 21, 2008 TO: Shana Yelverton, City_ Manaa,pr FROM: Chris Tribble, Interim Director of Community Services SUBJECT: Recommendation to acquire Federal Aviation Administration (FAA) tract adjacent to DPS North Site on Dove Road for park land Action Requested: City Council review to acquire FAA property adjacent to DPS North Site, located at Dove Road and North White Chapel Boulevard (GSA: 7-U-TX-1096). Background Information: The City of Southlake has approached the FAA to acquire a decommissioned piece of property located on E. Dove Road. At one time, the property served as an outer marker site, communicating with operating aircraft the distance to nearby runways. Such sites are no longer necessary, given the improved electronic equipment currently used. The staff believes this property could be useful as part of a future park near the DPS North Site and is a R.O.W. component of the proposed Dove Road. 8-ft multi -se trail. Financial Considerations: There is no direct financial consideration resulting from this acquisition; the purchase is no charge to the City. Financial Impact: City will gain 0.569 acres, along the eastern side of DPS North Site property and assume maintenance responsibility. Funding is included in approved FY08-09 Parks operating budget. Citizen Input/ Board Review: N/A Legal Review: City Attorneys have reviewed the transfer document. Alternatives: City Council review and approval or denial. Supporting Documents: Supporting Documents include: • Aerial and street view graphic of proposed area • Boundary and legal description of proposed property Shana Yelverton, City Manager City Council Meeting Date — October 21, 2008 Page 2 of 3 • Warranty Deed (showing FAA ownership) • Plat Drawing • Environmental Due Diligence • Title • Application Part A,B,C Staff Recommendation: City Council accept 0.569 acres adjacent to DPS North Site on Dove Road from Federal Aviation Administration (FAA) for park land. Aerial Photo: 77 ii" Street View Photo: Shana Yelverton, City Manager City Council Meeting Date — October 21, 2008 Page 3 of 3 Legal Description: All that certain tract or parcel of land situated in the City of Southlake, Tarrant County, Texas, being a portion of the J.W. Chivers Survey, Abstract No. 350, and also being a 0.569-acre tract out of that certain 32.8-acre tract conveyed by W.C. McPherson et ux to Robert Lee McPherson as recorded in Volume 2867, page 1935 of the Deed Records of said County, and bounded as follows.. BEGINNING at an iron pin found at fence corner in the north line of East Dove Road for southeast corner of this tract and most westerly southeast corner of said 32.8-acre tract; Thence West with north line of said road, 50.00 feet to a '/ inch iron pin set for southwest corner of this tract; Thence N.01 020'23"E.7 496.26 feet to a 1/ inch iron pin set for northwest corner of this tract; Thence S.89047'1 YE.7 50.00 feet to an iron pin found at fence corner for northeast corner of this tract and ell corner of 32.8-acre tract; Thence S.01 °20'23"W. with most westerly east line of 32.8-acre tract and along fence, 497.07 feet to the place of BEGINNING and containing 0.569-acre land. Justification for Acquiring Property Part B 1. Description of Property Narrative: The FAA Outer Marker LWN is located in Southlake, 372 East Dove Road, Tarrant County, Texas. The property encompasses approximately 0.569 acres of land. The perimeter is bounded by a four foot high barbed wire livestock fence on the North, South, and West. The East boundary has a four foot high white picket fence on the Southern half and a seven foot high wooden fence on the Northern half. This property was used for agricultural purposes prior to being acquired by the FAA in 1986. The site is largely undeveloped. A crushed rock driveway links E. Dove Rd to the primary entrance of the property. There are two separate concrete slabs running down the middle of the tract, each approximately 200 sq ft. Additionally, there exist five (5) concrete piers on the property previously utilized for FAA towers. The property is primarily flat and topographically unremarkable. The majority of land is covered by native grasses and vegetation. The average surface elevation is 600 feet above sea level. This property is not included in the 100-year floodplain. Maps: See Attachment A: Plat Survey of property. 2007 Aerial photo of property F. FEWOR low, GSA control number: 7-U-TX-1096 Legal Description: All that certain tract or parcel of land situated in the City of Southlake, Tarrant County, Texas, being a portion of the J.W. Chivers Survey, Abstract No. 350, and also being a 0.569-acre tract out of that certain 32.8-acre tract conveyed by W.C. McPherson et ux to Robert Lee McPherson as recorded in Volume 2867, page 1935 of the Deed Records of said County, and bounded as follows: BEGINNING at an iron pin found at fence corner in the north line of East Dove Road for southeast corner of this tract and most westerly southeast corner of said 32.8- acre tract; Thence West with north line of said road, 50.00 feet to a 1/ inch iron pin set for southwest corner of this tract; Thence N.01 020'23"E.7 496.26 feet to a 1/ inch iron pin set for northwest corner of this tract; Thence S.89°47'13"E., 50.00 feet to an iron pin found at fence corner for northeast corner of this tract and ell corner of 32.8-acre tract; Thence S.01 °20'23"W. with most westerly east line of 32.8-acre tract and along fence, 497.07 feet to the place of BEGINNING and containing 0.569-acre land. Photographs: 2007 Aerial Photo with Topography GSA control number: 7-U-TX-1096 From E. Dove Rd. Looking North From North-East Looking South GSA control number: 7-U-TX-1096 2. Program of Utilization Narrative: This site will enable possible expansion of current plans which include several multipurpose athletic fields, a restroom and concession building, a playground, and a nature trail. The additional land will compliment the 22.6 acres of new park facilities and may allow for additional trails and nature areas to be constructed. Preparation of the site for inclusion in park plans is anticipated to include breakup and removal of existing concrete slabs and piers. Additionally, the site will likely be replanted with grass and natural landscape. These improvements are aimed at creating a seamless natural buffer between the city park and the private residences that border the property. The City of Southlake expects to develop and maintain the site as part of its overall park facility. Lacrosse is planned to be among the sports utilizing the athletic fields. Flag football is another possible patron for recreational field use. These events would likely be coordinated via local sports organizations. Schedule of Development: The proposed park facility bordering this site is scheduled to be developed in two separate phases. Phase I is expected to enter design and planning phase in 2009 with construction beginning in 2010. This initial phase should include construction of the multipurpose athletic fields, installation of parking lots, and site improvement with landscaping. Plans would also include development of a nature trail within the subject property. Phase II is expected to proceed to design phase in 2013 with subsequent construction starting in 2014. It is planned that this phase will expand nature trails and hiking paths along the entire park and improve upon existing natural areas. For both phases of development, construction is expected to take less than a year to complete once started. Additionally, there are plans to construct an 8 foot multiuse trail along the Dove Rd. ROW for this property in 2009. GSA control number: 7-U-TX-1096 Site Plan: ` �. F r r• L ..1�1 OS a North Park Site Southlake, Texas GPA HIC SCALE 'N FEET GSA control number: 7-U-TX-1096 Historic Preservation Plan: Not Applicable. 3. Need The City of Southlake is a medium sized suburban community of roughly 26,000 people. The area has seen rapid growth in recent years as young professionals have moved to the region to start and raise their families. As a result, the City has seen high demand for family oriented activities including natural park space and sport recreation. The City currently owns and manages over 624 acres of park land, including two community and over ten (10) public neighborhood parks, offering convenient access to many cultural and entertainment facilities and activities. Additionally, the City maintains 450 acres of natural park area in Southlake. There is currently a high demand for recreation fields and sports venues within the City. A variety of championship youth sport leagues call Southlake home including: baseball, softball, swimming, tennis, soccer, lacrosse and football, as well as recreational classes for all ages. These organizations have created a pressing need for Southlake to develop and maintain additional recreational facilities. The construction of an additional three (3) multipurpose fields at this site will generate additional capacity for the City to host athletic programs. Annual volume is expected to reach over 5,000 individuals a year. 4. Suitability This site is well suited for inclusion in the surrounding park plans, given its undeveloped state and position directly adjacent to current city projects. The inclusion of the tract is anticipated to add size and value to the overall purpose and function of the future park facility. The site has no known historic value that would contribute to public enjoyment. There are no permanent structures or development on this property that will contribute to the public enjoyment. Instead, the relative unimproved nature of the land will be utilized to create open space and natural areas. This function will compliment the surrounding park and contribute to the overall public purpose of the project. The site is located on 372 East Dove Road between N. White Chapel Blvd. and N. Carroll Ave. The location is highly accessible as it lays less than one mile north of S.H. 114, the primary transportation corridor for the region. The property is in close proximity to several community schools as well as the future site of a new public safety facility. The majority of the surrounding region is comprised of single family neighborhoods, making this site ideal for park and recreation uses. This site is currently served by a short crushed rock driveway coming North off of E. Dove Road. Upon completion, the property will be joined with the remainder of the park GSA control number: 7-U-TX-1096 through a series of trails and nature paths. This will serve to create a seamless transition within the overall park project. GSA control number: 7-U-TX-1096 5. Capability The City of Southlake currently owns more than 400 acres of park properties and manages an additional 200 acres of natural preserve. The City has considerable experience developing and operating park facilities through its Community Services Department. The Department directly oversees Park and Recreational facilities which include 45 practice and game fields, 15 lighted tennis courts, a lighted inline hockey facility, 6 miles of park trails, six concession and/or restroom facilities, five ponds with aeration features and 11 pavilions. The City's park programs are well funded through a dedicated .5 cent sales tax. The Community Services Department budget for Fiscal Year 2009 is set to increase from 2008's $5,217,272 to $5,938,877. Southlake is a financially sound municipality and enjoys a bond rating of `AA' from Standard and Poor's. Park development, maintenance, and operations are all handled within the Community Services Department of the City of Southlake. The Department currently employs 37 full time individuals devoted to the development and maintenance of park facilities, including, one Construction Manager and twenty-two (22) maintenance workers. Additionally, the City employs several full time recreational employees dedicated to organizing and coordinating activities and events. GSA control number: 7-U-TX-1096 Part A: ACCEPTANCE OF TERMS AND CONDITIONS BY THE APPLICANT Date: To: U.S. Department of the Interior, National Park Service, Mr. Bill Huie U.S. Department of the Interior National Park Service Southeast Regional Office 100 Alabama Street, S.W. Atlanta, GA 30303-8701 Tel: (404) 562-3175 Fax: (404) 562-3282 The undersigned, City of Southlake, Texas, hereinafter referred to as the Applicant or Grantee, acting by and through Andy Wambsanganss, Mayor, City of Southlake, Texas, Mayor Andy Wambsanganss City of Southlake, Texas 1400 Main Street, Suite 460 Southlake, Texas 76092 (817) 338-4888 Work Phone (817) 319-8500 Cellular Phone hereby makes application to the U.S. Department of the Interior, National Park Service, acting for and on behalf of the Secretary of the Interior pursuant to Section 203(k)(2) of the Federal Property and Administrative Services Act of 1949, as amended [40 U.S.C. § 550(e) (formerly 40 U.S.C. § 484(k)(2))], and in accordance with the regulations and policies of the U.S. Department of the Interior for the transfer of the following property which has been declared surplus by the General Services Administration, and is subject to assignment to the National Park Service for disposal for public park or recreational purposes: Property: FAA Outer Marker 13R (LWN) — Radar Site 372 East Dove Road Southlake, Texas 76092 Acres: 0.569 General Services Administration Control Number: 7-U-TX-1096 The property is more fully described in Part B of this application, attached hereto and made a part thereof. Enclosed herewith as Part C of the application is a resolution or certified statement showing the authority of the undersigned to execute this application and to do all other acts necessary to consummate the transaction. The following agreement is made by the Applicant in consideration of and for the purpose of obtaining the transfer of any or all property covered by this application, and the Applicant recognizes and agrees that any such transfer will be made by the United States of America in reliance on said agreement. The undersigned understands and agrees that the application is made and the property is conveyed subject to the following terms and conditions which may be enforced through a reversionary right in the property reserved to the United States of America: 1. This application and its acceptance by the National Park Service shall constitute the entire agreement between the Applicant and the United States of America, unless modified and approved in writing by both parties. This agreement becomes binding only once the instrument of conveyance for the property is duly recorded by the Applicant. 2. The description of the property set forth herein is believed to be correct, but any error or omission shall not constitute ground or reason for nonperformance of the agreement resulting from the acceptance of this application. 3. The Applicant understands and agrees that the property is to be conveyed "as is" and "where is" without representation, warranty, or guaranty as to quantity, quality, character, condition, size, or kind, or that the same is in condition or fit to be used for the purpose intended and no claim for any adjustment upon such grounds will be considered after this application has been accepted. 4. The Applicant agrees to assume constructive possession of the property upon receipt of written notification from the National Park Service. Should the Applicant fail to assume constructive possession of the property, it shall nonetheless be charged with constructive possession upon receipt of such notification from the National Park Service. 5. At the date of assumption of constructive possession of the property, or the date of conveyance, which ever occurs first, the Applicant shall assume responsibility for any general and special real and personal property taxes, which may have been or may be assessed on the property, and to prorate sums paid, or due to be paid, by the United States of America in lieu of taxes; and for care and handling and all risks of loss or damage to the property, and have all obligations and liabilities of ownership. 6. If a purchase price is due, the Applicant shall tender the purchase price to the United States of America on a mutually agreeable date after the property has been assigned to the National Park Service. 7. Conveyance of the property shall be accomplished by an instrument, or instruments, in a form satisfactory to the National Park Service without warranty, express or implied, and shall contain substantially, but may not be limited to, the following reservations, restrictions, and conditions: (a) The Grantee shall forever use the property exclusively for public park and recreational use in accordance with its application for property, particularly the Program of Utilization contained in Part B of the application, and approved amendments thereto, as provided below. (b) The Program of Utilization contained in Part B of the application may be amended only for the continued use of the property for public park or recreational purposes at the request of either the Grantee or the National Park Service with the written concurrence of the other party. Such amendments will be added to and become a part of the original application and of this Quitclaim Deed, and shall be consistent with purposes for which the property was originally transferred. The Grantee shall furnish any documentation, maps, photographs, studies, and other information to support the request as requested by the National Park Service to evaluate any proposed use or development of the property. (c) The property shall not be sold, leased, assigned, or otherwise disposed of except to another eligible governmental agency that the National Park Service agrees in writing can assure the continued use and maintenance of the property for public park or recreational purposes subject to the same terms and conditions in the original instrument of conveyance. Any mortgage, lien, or any other encumbrance not wholly subordinate to the reverter interest of the Grantor shall constitute an impermissible disposal. However, this provision shall not preclude the Grantee and its successors or assigns from issuing revenue or other bonds related to the use of the property to the extent that such bonds shall not in any way restrict, encumber, or constitute a lien on the property, or from providing related recreational facilities and services consistent with the approved application through concession agreements, permits, and licenses entered into with third parties, provided prior concurrence to such agreements is obtained in writing from the National Park Service. (d) The Grantee shall, within three months of the date of the recording of the instrument of conveyance, erect and forever maintain a conspicuous sign or signs near the principal point or points of access to the property that states: "The National Park Service, U.S. Department of the Interior, donated this land to the name of Grantee for public recreational use through the Federal Lands to Parks Program." (e) Beginning two years from the date of conveyance, the Grantee shall prepare biennial reports describing the development and use of the property, and any revenue generated from its operation during the preceding two-year period. The Grantee shall prepare and submit ten consecutive biennial reports to the appropriate National Park Service office and further as the National Park Service may determine to be necessary. (f) All revenue received by the Grantee through concession agreements, use permits, or other fees generated by activities on the property shall be used only for the implementation of an approved Program of Utilization or the operation of park and recreation facilities and programs on the property. After the Program of Utilization is completed, and as long as the property is properly and sufficiently operated and maintained, the revenue may be used only for other public park and recreational purposes by the Grantee. Any revenue received by the Grantee which is generated through the operation of the property shall be listed and accounted for in its biennial reports to the National Park Service. (g) The Grantee further covenants and agrees for itself, its successors, and assigns, to comply with the provisions of the Federal Disaster Protection Act of 1973 (87 Stat. 975); Executive Order 11988, relating to the evaluation of flood hazards; Executive Order 11288, relating to the prevention, control, and abatement of water pollution; and Executive Order 11990, relating to the protection of wetlands, where and to the extent said Act and Orders are applicable to the property herein conveyed, and the Grantee shall be subject to any use restrictions issued under said Act and Orders. (h) The Grantee further covenants and agrees for itself, its successors and assigns, to comply with all Federal laws relating to nondiscrimination in connection with any use, operation, program, or activity on or related to the property requested in this application, including, but not limited to: All requirements imposed by or pursuant to the regulations of the U.S. Department of the Interior (43 C.F.R. Part 17); Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d-1), which prohibits discrimination on the basis of race, color, or national origin; The Age Discrimination Act of 1975, as amended (42 U.S.C. § 6101 et seq.), which prohibits discrimination on the basis of age; Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicap; The Architectural Barriers Act of 1968, as amended (82 Stat. 718), which requires facilities located on the property to be accessible to the physically handicapped; and The Americans with Disabilities Act of 1990 (104 Stat. 337), which requires that no otherwise qualified handicapped individual shall, solely by reason of his or her handicap, be excluded from the participation in, be denied benefits of, or be subject to discrimination under any program or activity receiving Federal financial assistance. The Applicant further agrees to require any other person or entity who, through contractual or other arrangements with the Applicant, is authorized to provide services or benefits on or in connection with the property requested herein, and to promptly take and continue to take such action as may be necessary to effect this agreement. (i) Title to the property transferred shall revert to the United States of America at its option for non-compliance with any of the terms and conditions of the conveyance. In the event that there is a breach of any of the conditions and covenants herein contained by the Grantee, its successors and assigns, whether caused by legal or other inability of the Grantee, its successors and assigns, to perform said conditions and covenants, or otherwise, all right, title, and interest in and to the said premises shall revert to and become the property of the Grantor at its option which, in addition to all other remedies for such breach, shall have the right of entry upon said premises, and the Grantee, its successor and assigns, shall forfeit all right, title, and interest in said premises and in any and all of the tenements, hereditaments, and appurtenances thereunto belonging. (j) The Grantee, by its acceptance of this deed, covenants and agrees for itself, and its successors and assigns, that in the event the Grantor exercises its option to revert all right, title, and interest in the property to the Grantor, or the Grantee voluntarily returns title to the property in lieu of a reverter, then the Grantee shall provide protection to and maintenance of said property at all times until such time as the title is actually reverted or returned to and accepted by the Grantor, including the period of any notice of intent to revert. Such protection and maintenance shall, at a minimum, conform to the standards prescribed by the General Services Administration in its Federal Property Management Regulations in effect at the time of the reversion. Prior to any such reversion, the Grantee further agrees to complete and submit to the Grantor an environmental assessment of the property that sufficiently documents and evaluates its condition in regard to the release of hazardous substances as defined under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended [42 U.S.C. § 9620(h)]. (k) The National Park Service, and any representative it may so delegate, shall have the right of entry upon said premises at all reasonable times to conduct inspections of the property for the purpose of evaluating the Grantee's compliance with the terms and conditions of the conveyance. (1) The failure of the National Park Service, or any other agency of the United States, to exercise any right or remedy granted under this instrument shall not have the effect of waiving or limiting the exercise of any other right or remedy or the use of such right or remedy at any other time. (m) The Grantee, its successors and assigns, shall hold harmless, defend, and indemnify the United States, its employees, agents, and representatives from and against any suit, claim, demand or action, liability, judgment, cost or other fee arising out of any claim for personal injury or property damage (including death, illness, or loss of or damage to property or economic loss) that arises from the Grantee's or the Grantee's agent's use or occupancy of the property and/or the Grantee's failure to comply with the terms of this deed. (n) The United States of America shall have the right to reserve all oil, gas, and mineral rights in the property. 8. Any title evidence which may be desired by the Applicant will be procured by the Applicant at its sole expense. The National Park Service will, however, cooperate with the Applicant or its authorized agent in this effort and will permit examination and inspection of such deeds, abstracts, affidavits of title, judgments in condemnation proceedings, or other documents relating to the title of the premises and property involved as it may have available. The United States of America will not be obligated to pay for any expense incurred in connection with title matters or survey of the property. 9. The Applicant shall pay all taxes imposed on this transaction and shall obtain at its own expense and affix to all instruments of conveyance and security documents such revenue and documentary stamps as may be required by Federal and local law. All instruments of conveyance and security documents shall be recorded at the Applicant's expense within 30 days of their receipt in the manner prescribed by local recording statutes. The Applicant shall provide the National Park Service with a certified copy of the instrument of conveyance within 30 days of the date of recordation which indicates the date, location, and book and page number of its recording. 10. The Applicant agrees to comply with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470) by (a) consulting with the State Historic Preservation Officer and conducting investigations, as necessary, to identify sites and resources on the property listed on or eligible for nomination to the National Register of Historic Places, (b) notifying the National Park Service and disposal agency of the existence of any such sites and resources, and (c) complying with the requirements of 36 C.F.R. Part 800, as established under the National Historic Preservation Act of 1966, as amended, to avoid or mitigate adverse effects on such sites and resources. 11. The National Park Service or disposal agency may require additional reservations, restrictions, and conditions in the instrument of conveyance to safeguard the interests of the United States of America, including covenants relating to environmental protection and historic preservation. The National Park Service will give the Applicant sufficient opportunity to review any additional requirements prior to the conveyance of title to the property. agree that the instrument effecting the transfer to the Applicant of any property covered by this application will contain provisions satisfactory to the United States of America, incorporating the substance of the foregoing agreement, with such provisions to consist of (1) a condition, coupled with a right reserved to the United States of America to cause the property to revert to the United States of America at its option in the event of any breach of such condition, and (2) a covenant running with the land. The Applicant understands that the United States of America shall have the right to seek judicial enforcement of this agreement, and that this agreement shall be binding upon the successors and assigns of the Applicant. (Date of Application) (Signature) Mayor (Title) Citv of Southlake. Texas (Agency) POLICY OF TITLE INSURANCE., Amount $ 20,000.00 N° 019851 Title USA Insurance Corporation DALLAS, TEXAS A CORPORATION ORGANIZED UNDER THE INSURANCE LAWS OF THE STATE OF TEXAS Title USA Insurance Corporation, a Texas Corporation, herein called the Company, for a valuable considera- tion, hereby insures THE UNITED STATES OF AMERICA — IM11. ,1.�lairaeiEa hereinafter called the Insured, against loss or dainnt�u not exceeding Twenty Thousand and No/100 ------------------------------- ($20,000.00)----- ------------_ ------ Dollars, together with costs and expenses which the Company may become obligated to pay as provided in the Conditions and Stipulations hereof, which the Insured shall sustain by reason of: any defect in or lien or encumbrance on the title to the estate or interest covered hereby in the land described or referred to in Schedule A, existing at the date hereof, not shown or referred to in Schedule B or excluded from coverage by the General Exceptions; all subject, however, to the provisions of Schedules A and B and to the General Exceptions and to the Conditions and Stipulations hereto annexed; all as of the 71rrl day of March _ , 19 86 , the effective date of this policy. In Witness Whereof, Title USA Insurance Corporation has caused its corporate name and seal to be hereunto affixed by its duly authorized officers. Title USA Insurance Corporation .09 :A Meese: Secretary By President & ChiefFxecutive Officer Countersigned and va/iiiatell as of Mar�13 , 19 86 Susan Griffin, Escrow `�idWhoraedS:gnature SCHEDULE A 1. The estate of interest in the land described or referred to in this schedule covered by this policy is: l Will be shown as a fee or such lesser estate or interest owned by the person or party named in paragraph 2 of this Schedule.) Fee Simple 2. Title to the estate or interest covered by this policy at the date hereof is vested in: Robert Lee McPherson and wife, Dorothy M. McPherson 3. The land referred to in this policy is situated in the County of Tarrant State of Texas , and is described as follows: (This phraseology may be modified to eliminate a specific description by including it by reference to the description as contained in a specific instrument.) See Exhibit "A" Attached hereto and made a part hereof SCHEDULE B This policy does not insure against loss or damage by reason of the following: 1. Current and delinquent taxes and assessments as follows: Mist all taxing districts in which the ]and is situated and other taxing authorities that have jurisdiction over said land for the levy of taxes; showing lien date for each and amounts for all such assessments that have not been paid on the date of the policy.) State and County paid through 1985 in the amount of $10.10 ; City of Southlake included in County; Carrol ISD delinquent for 1985 in the amount of $17.15(April amount); Agriculture Rollback tax due: $6,210.76 2. Special Exceptions: (Recorded easements, liens, etc., showing in addition the p,r,.ns or parties holding such interests of r ord, and who the Company would require to convey such interest or who would be the proper parties defendant in a condemnation proceed- ing to eliminate such matter.) Airport Zoning Ordinance dated 12/16/71 and recorded in Volume 7349, Page 1106, Deed Records, Tarrant County, Texas. Any portion of subject property lying within the boundaries of any road Robert Lee McPherson and.wife, Dorothy M. McPherson 3. The land referred to in this policy is situated in the County of Tarrant State of Texas , and is described as follows: (This phraseology may be modified to eliminate a specific description by including it by reference to the description as contained in a specific instrument.) See Exhibit "A" Attached hereto and made a part hereof SCHEDULE B This policy does not insure against loss or damage by reason of the following: 1. Current and delinquent taxes and assessments as follows: (List all taxing districts in which the land is situated and other taxing authorities that have jurisdiction over said land for the levy of taxes; showing lien date for each and amounts for all such assessments that have not been paid on the date of the policy.) State and County paid through 1985 in the amount of $10.10; City of Southlake included in County; Carrol ISD delinquent for 1985 in the amount of $17.15(April amount); Agriculture Rollback tax due: $6,210.76 2. Special Exceptions: (Recorded easements, I;ens, etc., showing in addition the persons or parties holding such interests of record, and who the Company would require to convey such interest or who would be the proper parties defendant in a condemnation proeeed- mg to eliminate such matter.) Airport Zoning Ordinance dated 12/16/71 and recorded in Volume 7349, Page 1106, Deed Records, Tarrant County, Texas. Any portion of subject property lying within the boundaries of any roan or roadway either public or private. GENERAL EXCEPTIONS Governmental Powers 1. Because of limitations imposed by law on ownership and use of property, or which arise from governmental powers, this policy does not insure against: (a) Consequences of the future exercise or enforcement or attempted exercise or en- forcement of police power, bankruptcy power, or power of eminent domain, under any existing or future law or governmental regulations; (b) Consequences of any law, ordinance or governmental regulation, now or hereafter in force, (including building and zoning ordinances) limiting or regulating the use or enjoyment of the property, estate or interest described in Schedule A, or the char- acter, size, use or location of any improvement now or hereafter erected on said property. Matters Not of Record 2. The following matters which are not of record at the date of this policy are not insured against: (a) Rights or claims of parties in possession not shown of record; (b) Questions of survey; (c) Easements, claims of easement or mechanics' liens where no notice thereof appears of record; and (d) Conveyances, agreements, defects, liens or encumbrances, if any, where no notice thereof appears of record; provided, however, the provisions of this subparagraph 2 (d) shall not apply if title to said estate or interest is vested in the United States of America on the date hereof. Matters subsequent to Date of Policy 3. This policy does not insure against loss or damage by reason of defects, liens or encum- brances created subsequent to the date hereof. Refusal to Purchase 4. This policy does not insure against loss or damage by reason of the refusal of any person to purchase, lease or lend money on the property, estate or interest described in Schedule A. AMERICAN LAND TITLE ASSOCIATION U.S. POLICY FORM — 1963 TEXAS STATE BOARD OF INSURANCE PROMULGATED FORM T-11: Policy of Title Insurance IUSA) T l l 1 M166H Schedule A Tract 1 W. C. McPherson GRAPEVINE, TEXAS Site Proper LEGAL DESCRIPTION 0.569 Acre . All that certain tract or parcel of land situated in the City of Southlake, Tarrant County, Texas, being a portion of the J. W. CHIVERS SURVEY, Abstract No. 350, and also being a 0.569-acre tract out of that certain 32.8-acre tract conveyed by W. C. McPherson et ux to Robert Lee McPherson as recorded in Volume 2867, page 1935 of the Deed Records of said County, and bounded as follows: BEGINNING at an iron pin found at fence corner in the north line of East Dove Road for southeast corner of this tract and most westerly southeast corner of said 32.8-acre tract; Thence West with north line of said road, 50.00 feet to a 1/2 inch iron pin set for southwest corner of this tract; Thence N.01020123"E., 496.26 feet to a 1/2 inch iron pin set for northwest corner of this tract; Thence S.89°47'13"E., 50.00 feet to an iron pin found at fence corner for northeast corner of this tract and ell corner of 32.8-acre tract; Thence S.01020123"W. with most westerly east line of 32.8-acre tract and along fence, 496.07 feet to the place of BEGINNING and containing 0.569-acre of land. Estate Acquired Fee excluding minerals (with restrictions on use of the surface): The fee simple title to the land described subject, however, to existing easements for public road and highways, public utilities, railroads, ana pipelines; excepzinB and excluding from 7�e --a{ing __-- -_ and gas in and under said land and all appurtenant rights for the exploration, development, production, and removal of said oil and gas but without the right to enter upon or over the surface of said land for the purpose of drilling and extracting therefrom said oil and gas; provided, however, that the said oil and gas, and appurtenant rights so excepted and excluded are subordinated to the prior right of the United States to utilize the land in connection with the operation and maintenance of the Outer Marker (OM) facility. Phase t EDDA Dallas/Fort Worth Outer Marker Facility LWN FAA Contract Number GS-OOF-0017L FAA Award Number DTFASW-06-P00374 Phase I Environmental Due Diligence Audit Report Dallas/Fort Worth Outer Marker Facility LWN Southlake, Tarrant County, Texas Executive Summary This report represents the findings of a Phase I Environmental Due Diligence Audit (EDDA), conducted for the Federal Aviation Administration (FAA) at the Dallas/Fort Worth Outer Marker Facility LWN located in Southlake, Texas. This EDDA was completed pursuant to FAA Order Number 1050.19A under FAA Contract Number GS-OOF-0017L, FAA Award Number DTFASW-06- P00374. This document consists of the findings and conclusions determined from site reconnaissance, interviews, and a records search. Mr. Herb Moss, of J.M. Waller Associates, Inc. conducted site visits on Tuesday April 18, 2006 and on Wednesday November 1, 2006. Mr. Lynn Crane, also of J.M. Waller Associates, Inc. (MWA), performed site reconnaissance on Wednesday, February 7, 2007. JMWA has performed a Phase I EDDA in conformance with the scope and limitations of the American Society for Testing Materials (ASTM) Practice E1527-05 for Outer Marker Facility LWN located in Southlake, Tarrant County, Texas. This assessment has revealed no evidence of recognized environmental conditions in connection with the property. No evidence revealed the presence or likely presence of any hazardous substances or petroleum products on the property under conditions that indicate an existing release, a past release, or a material threat of a release of any hazardous substances or petroleum products into structures on the property or into the ground, groundwater, or surface water of the property. The findings of this EDDA are presented below. • The property was used for agricultural purposes prior to being acquired by the FAA. • The property has been owned and operated by the FAA since 1986. • The site was used as an outer marker facility, the purpose of which was to transmit a radio signal to aircraft indicating its proximity to the airport runway threshold. • A database search report did not provide evidence of any regulated sites or properties within their respective radii of the subject site. • No visual evidence was observed indicating the presence of a release at the site during site reconnaissance. • There are no buildings on the property. 1 • Uses of adjoining properties are for agriculture and residences. IBased on these findings, there are no recommendations for the facility. ' ES-1 Phase I EDDA Dallas/Fort Worth Outer Marker Facility LWN FAA Contract Number GS-OOF-0017L FAA Award Number D TFAS W-06-P00374 1.0 Introduction The purpose of this due diligent audit is to confirm or deny recognized environmental conditions in connection with the subject facility. The determination is based on the results of site reconnaissance, interviews and a records search. This report represents the results found. This Phase I Environmental Due Diligence Audit (EDDA) was conducted for the Federal Aviation Administration (FAA) facility known as Dallas/Fort Worth Outer Marker Facility LWN. This EDDA was completed pursuant to FAA Order 1050.19A under FAA Contract Number GS-OOF-0017L, FAA Award Number DTFASW-06-P00374. Outer marker sites are located between four and seven miles from the approaching end of an airport runway. They contain radio equipment sending signals to aircraft that indicate the distance to the runway threshold. Outer marker sites are no longer used due to the improved electronic equipment presently used on aircraft. As a result, the FAA is decommissioning these sites and is in the process of either selling the property, when the property is owned by the FAA, or returning the property to the owner if the property is leased by the FAA, There is no longer any building on the subject site. The site has no current use. the site is fenced and has a gate. 2.0 Site Location and Description DFW Outer Marker Facility LWN is situated on approximately a half -acre of land located in Tarrant County, Texas, approximately 120 feet west of the intersection of East Dove Road and Ridgecrest in the City of Southlake, Texas. The coordinates of the site are approximately-97.145° West Longitude, 32.970` North Latitude. A Site Location Map, Site Plan, and a Site Topographical Map are presented in Appendix A. 1 3.0 Site Ownership and Use 3.1 Site Ownership The property is currently owned by the United States of America, Department of Transportation, FAA. 3.2 Historical Site Use Based on aerial photographs from 1942 thru 2004, the property was used primarily for agricultural purposes. It appears that it wasn't until the FAA acquired the property that any type of activity outside of agriculture use occurred on the site. Aerial photographs are presented in Appendix B. 3.3 Current Site Use The site consists of a fenced enclosure that has no buildings or equipment. The site has no current use. 1 Phase I EDDA Dallas/Fort Worth Outer Marker Facility LWN FAA Contract Number GS-OOF-0017L FAA Award Number DTFASW-06-P00374 4.0 Records Review Records were reviewed from various federal, state, and local agencies to obtain information on potential environmental concerns that could impact the subject property. The services of Banks Information Solutions, Inc. were used to search all available databases and presented in an Environmental First Search"m Report. The report presents the findings of geocoded and nongeocoded sites. Geocoding refers to a known longitude and latitude. 4.1 Federal Records Data from the following Federal sources were obtained and reviewed for this EDDA i • National Priorities List (NPL) within 1.0 mile, NPL Delisted within 1.0 mile, Federal CERCLIS (Comprehensive Environmental Response, Compensation, and Liability i Information System) within 0.5 mile, j • Federal NFRAP (No Further Remediation/Response Action Planned) within 0.5 mile, Federal RCRA (Resource Conservation & Recovery Act) CORRACTS (Corrective Actions) j within 1.0 mile, • Federal RCRA TSD (Treatment, Storage, or Disposal) facilities within 0.5 mile, • Federal RCRA GEN (Generators) on the property & adjoining properties within 0.25 mile, • Federal IC / EC within 0.5 mile, • ERNS (Emergency Response Notification System) within 0.25 mile, and Tribal Lands within 1.00 mile. 4.2 State Records IData from the following state of Texas sources were obtained and reviewed for this EDDA: • State / Tribal Sites within 1.00 mile, • State Spills 90 within 0.25 mile, • State I Tribal SWL (Solid Waste Landfill) within 0.5 mile, 0 State I Tribal LUST (Leaking Underground Storage Tanks) within 0.5 miles, • State / Tribal UST (Underground Storage Tanks) I AST (Above Ground Storage Tanks) on the site and adjoining property within 0.25 mile, [� • State I Tribal IC within 0.5 mile, u • State / Tribal VCP within 0.5 mile, • State / Tribal Brownfields within 0.5 mile, and • State CERCLIS within 0.5 mile. 4.3 Local Records Locally obtained records for this EDDA include a deed history conducted at the Tarrant County Courthouse. The deed indicated a direct sell of the property from Mr. and Mrs. McPherson to the FAA. There are no liens noted on the deed. H d a Phase l EDDA Dallas/Fort Worth Outer Marker Facility LWN FAA Contract Number GS-OOF-0017L FAA Award Number DTFASW-06-P00374 4.4 Summary of Records Search A summary of the results found in the Environmental FirstSearchl' Report is presented in Table 4.4-1. The database search report is included in Appendix D. Tabie 4.4-1 Environmental Database Summary Database Updated Radius mile Results NPL 1-13-06 1.00 0 CERCLIS 3-08-06 0.50 0 NFRAP 3-08-06 0.50 0 RCRA TSD 2-16-06 0.50 0 RCRA COR 2-16-06 1.00 0 RCRA GEN 2-16-06 0.25 0 ERNS 12-31-05 0.15 0 State Sites 1-05-05 1.00 0 SWL 9-16-02 0.50 0 Req UST/AST 1-14-06 0.25 0 Leaking UST 6-27-05 0.50 0 NPL - National Priorities List CERCLIS - Comprehensive Environmental Response Compensation Liability Act Information System NFRAP - No Further Remedial/Response Action Planned RCRA - Resource Conservation Recovery Act TSD -Transport, Storage and Disposal Facility COR - Corrective Actions GEN - Generator a '� ERNS - Emergency Response Notification System SWL - Solid Waste Landfill J! UST - Underground Storage Tank AST - Above ground Storage Tank I a The database search did not produce any evidence of recognized environmental conditions due to the fact there are no identified database sites within their respective radii of the subject facility. 5.0 Site Inspection The following site conditions were evaluated during the site inspection. Site photographs are included in Appendix C. Site Buildings/Site Grounds The site consists of a fenced enclosure with an unimproved road leading to the former equipment site located at the north end of the property. The equipment site consists of an area covered with crushed stone that measures approximately thirty-five feet by thirty-five feet. South of the equipment site is what appears to be a parking area measuring roughly the same size. The parking area was once covered with crushed stone as well; however weeds have taken over much of the area. There are four concrete piers and a concrete stoop which are remnants of the outer marker equipment shelter. Two concrete pads have been constructed on top of low areas in the road to facilitate access when the conditions are wet. A utility pole stands on the south side of the site just inside the gate. Underground Storage Tanks No evidence of underground storage tanks was observed during the site inspection. 3 NPhase I EDDA DallaslFort Worth Outer Marker Facility LWN FAA Contract Number GS-OOF-0017L FAA Award Number DTFASW-06-P00374 Aboveground Storage Tanks No evidence of aboveground storage tanks was observed during the site inspection. Transformers No indication of transformers was observed during the site inspection. Chemical Storage/Disposal Areas No indication of chemical storage or disposal was observed during the site inspection, Storage Drums/Empty Containers No containers or drums were observed during the site inspection. Liquid. Solid Waste Disposal No evidence of liquid or solid waste disposal was observed during the site inspection. Areas of Staining No obvious indication of stained areas was observed during the site inspection. Discolored Flowing or Pooled Waters No indication of discolored flowing or pooled waters was observed during the site inspection. Abnormal Odors No abnormal odors were smelled on the property during the site inspection. Pits, Sumps, Ponds, Lagoons No evidence of on -site pits, ponds or lagoons was observed during the site inspection. Water Well Presence/Location No evidence of water wells or cisterns was observed during the site inspection. Septic Tank Presence/Location No evidence of septic tanks was observed during the site inspection. Vegetation Condition z_I No obvious indication of stressed vegetation was observed during the site inspection. Asbestos There is no longer a building present on the subject site and, therefore, asbestos containing materials were not assessed. �1 Indoor Air There is no longer a building present on the subject site and, therefore, indoor air quality was not assessed. Radioactive Materials [� No radiological substances or equipment was observed during the site inspection. Q Phase I EDDA Dallas/Fort Worth Outer Marker Faci[V LWN FAA Contract Number GS-OOF-0017L FAA Award Number DTFASW-06-P00374 Motor Pools. Shops and Laboratories Operations, Analyses and Experiments No motor pools, shops, or laboratories were observed during the site inspection. Other Information There is no other information applicable to the subject site. Facility Records No facility records such as building plans or specifications were reviewed for the subject site. 6.0 Adjacent and Neighboring Properties The site is bordered on the east by two residential structures and on the north and west by approximately 30 acres of pasture. The south end of the property is bordered by East Dove Road. 7.0 Hazardous Materials and Waste Management Hazardous Waste Generation. Storage and Disposal Practices The subject site currently has no use. There are no hazardous waste generation, storage and disposal practices on the site. Hazardous and Regulated Materials Management The subject site currently has no use. There are no hazardous and regulated materials management practices on the site. rj t Non -Hazardous Waste Management The subject site currently has no use. There are no non -hazardous waste management practices i1 on the site, 8.0 Sensitive Environmental Areas The following sensitive areas were evaluated for the site: Wetlands There are no wetlands or bodies of water located on the subject site. Historic Value There is no known historic value associated with the subject site. Recreational Land Use There is no recreational land use designation assigned for the subject site. Future Use and Zoning The subject site is currently zoned as residential land use designation. C Future zoning will be compatible with the current 5 Phase I EDDA Dallas/Fort Worth Outer Marker Facility LWN FAA Contract Number GS-OOF-0017L FAA Award Number DTFASW-06-P00374 9.0 Supplemental Information and Previous Studies Supplemental information regarding the subject site was obtained from the following interviews. No previous studies were evaluated regarding the subject site. Interviews The Texas Department of Transportation (TXDOT), the Texas Commission on Environmental Quality (TCEQ), and Mr. Mike Keller, the Federal Aviation Administration (FAA) point of contract, were contacted regarding any known or recorded events that might indicate the presence of recognized environmental conditions at the subject facility. On February 16, 2007 and February 23, 2007, attempts were made to contact the Safety Officer at TXDoT in Dallas, Texas and phone messages were left. No responses have been received as of the date of this report. On February 16, 2007, Ms. Joyce Sirota of the TCEQ was contacted requesting information pertaining to any USTs on the subject site. Ms. Sirota recommended JMWA visit the TCEQ web page and search the PST and LPST databases. No PSTs or LPSTs related to the subject site were found after reviewing the databases. J On February 16, 2007, February 22, 2007, and October 9, 2007, Ms. Jan Malone of the TCEQ was contacted regarding any spills on the subject site. Ms. Malone informed JMWA a spills search can be conducted by either the TCEQ or a firm specializing in environmental data services. She also stated the TCEQ does not have a searchable spills database accessible on their website. (The Environmental FirstSearch7m Report prepared by Banks Information Solutions, Inc. dated November 17, 2006 indicated that no spill incidents are known to have occurred at the subject q site). On February 7, 2007, Mr. Mike Keller, Federal Aviation Administration point of contact for the site, was asked various questions regarding the property. The questions asked are presented below. Mr. Keller's answers follow each question. t.f Question 1 - Are you aware of any environmental cleanup liens against the property that are filed or recorded under federal, tribal, state or local law? Answer 1 — No, Question 2 - Are you aware of any activity and use limitations (AULs), such as engineering ( controls, land use restrictions, or institutional controls that are in place at the site andlor have been C filed or recorded in a registry under federal, tribal, state or local law? Answer 2 — No. Question 3 - As the user of this environmental site assessment (ESA) do you have any specialized knowledge or experience related to the property or nearby properties? For example, are you involved in the same line of business as the current or former occupants of the property or an adjoining property so that you would have specialized knowledge of the chemicals and processes used by this type of business? Cl Phase 1 EDDA Dallas/Fort Worth Outer Marker Facility L WN FAA Contract Number GS-OOF-0017L FAA Award Number DTFASW-06-P00374 Answer 3 — The site is a former outer marker facility used as an aircraft navigational aid. The facility emitted an electronic signal transmitting information to aircraft of their positioning relative to the approach end of the airport runway. The only chemical used at the site was acid in batteries. The batteries are approximately the size and shape of an automotive battery. Depending on the site, there were probably between six and twelve batteries used at any given time. Question 4 - Does the purchase price being paid for this property reasonably reflect the fair market value of the property? If you conclude that there is a difference, have you considered whether the lower purchase price is because contamination is known or believed to present at the property? Answer 4 — I do not know how much money is being asked for the property. I do not know of or believe there is any contamination at the property. Question 5 - Are you aware of commonly known or reasonable ascertainable information about the property that would help the environmental professional to identify conditions indicative of releases or threatened releases? For example, as user a) Do you know the past uses of the property? b) Do you know of specific chemicals that are present or once were present at the property? c) Do you know of spills or other chemical releases that have taken place at the property? d) Do you know if any environmental cleanup that have taken place at the property? rAnswer 5 — No. Answer 5a — Yes, we previously discussed the past use of the property. Answer 5b — I am not sure but batteries were probably used at the property. If so, they probably contained acid. Answer 5c — No. Answer 5d — There have been no environmental cleanups at the property. Question 6 - As the user of this ESA, based on your knowledge and experience related to the property are there any obvious indicators that point to the presence or likely presence of contamination at the property? Answer 6 — No. 10.0 Conclusions and Recommendations J.M. Waller Associates, Inc. has performed a Phase I EDDA in conformance with FAA Order 1050.19A using ASTM Practice E1527-05 as its basis on the property referred to as Dallas/Fort Worth Outer Marker Facility LWN. The location of this site is approximately 120 feet west of Ridgecrest and north of East Dove Road in Southlake, Texas. This assessment has revealed no t{ evidence of recognized environmental conditions in connection with the property. Based on the findings, there are no recommendations for the site. I t A Phase 1 EDDA Dattas/Fort Worth Outer Marker Facility LWN FAA Contract Number GS-OOF-0017L FAA Award Number D TFASW-06-P00374 11.0 Limitations The information used to develop the findings contained in this EDDA was obtained predominantly from government sources. Independent verification of the accuracy of this information by the investigators was limited due to time and budget constraints. No warranty is made, expressed or implied, regarding the completeness or currency of source data. Insofar as the purpose and application of the EDDA and the information provided herein, the investigators certify that good customary and commercial practices were used and that the source information was satisfactory and adequate to derive the findings. 12.0 References Environmental Due Diligence Audits in the Conduct of FAA Real Property Transactions (FAA Order 1050.19A), US Department of Transportation, FAA, October 15, 2003. pStandard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process (ASTM Designation: E 1527-05), American Society of Testing and Materials, November 1, 2005, Environmental FirstSearchTm Report. Banks Information Solutions, Inc., April 17, 2006. 0 C C M If 0 13.0 Signatures of Environmental Professionals PREPARED BY: DATE: November 2, 2007 Lynn Crane, PG, REM Professional Geologist J.M. Waller Associates, Inc. APPROVED BY: DATE: November 2.2007 David Seyfarth, CHMM Senior Environmental Program Manager J.M. Waller Associates, Inc. Phase I EDDA Dallas/Fort Worth Outer Marker Facility LWN FAA Contract Number GS-OOF-00I7L FAA Award Number DTFASW-06-P00374 14.0 Qualifications of Environmental Professionals Participating in Phase I Site Assessment David Seyfarth, Project Manager and Civil Engineer neer Education/Special Training: Deg reeslSpecialization B.S., Civil Engineering, Texas A&M University MPA, Texas A&M University Active Professional Registrations: Year Registered/Discipline Certified Hazardous Material Manager Lynn Crane — Professional Geologist Education/Special Training: Degrees/Specialization B.S. Geology, University of Texas at Dallas �I Active Professional Registrations: Year RegisteredlDiscipline All 2003 Professional Geologist Appendices Appendix A: Site Map, Site Location Map, and Site Topographical Map Appendix B: Aerial Photographs Appendix C: Photographic Log Appendix D: Environmental FirstSearchTm Database Records Search Appendix E: Records of Communication Appendix F: Deed Record C I a [4 — 1 E r ►� 3�� 1'� ey6 p 3 I \/ j _D / mD w3 / wY� Q O yioN ¢ wo� Q3SW ¢ mamS as z pY 0 9f o z N T J a - W w= seep ; WARRANTY DEED THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT That ROBERT LEE MCPHERSON AND WIFE, DOROTHY M. MCPHERSON, for and in consideration of the sum of TWENTY THOUSAND DOLLARS ($20,000.00) to us in hand paid in full by the UNITED STATES OF AMERICA, receipt of which is hereby acknowledged, have Granted, Sold, and Conveyed, and by these presents do Grant, Sell, and Convey unto the said UNITED STATES OF AMERICA and its assigns, all that certain lands and interests in lands situated in Tarrant County, Texas, and more particularly described as follows: The fee simple title to the land described below excepting and excluding therefrom all oil, gas, and other minerals in and under said land and all appurtenant rights for the exploration, development, production, and removal of said oil, gas, and other minerals but without the rights of ingress and egress and all use of the surface of said land for any and all purposes including exploration, development, production or removal of said oil, gas, and other minerals, subject, however, to existing easements for public roads, TO WIT: All that certain tract or parcel of land situated in the City of Southlake, Tarrant County, Texas, being a portion of the J. W. CHIVERS SURVEY, Abstract No. 350, and also being a 0.569-acre tract out of that certain 32.8-acre tract conveyed by W. C. McPherson et ux to Robert Lee McPherson as recorded in Volume 2867, page 1935 of the Deed Records of said County, and 'bounded as follows: GRANTEES ADDRESS: FEDERAL AVIATION ADMINISTRATION P.O. Box 1689-. r. Fort Worth, Texas 76101 •t'` J P�Gc "` 2 BEGINNING at an iron pin found at fence corner in the north line of East Dove Road for southeast corner of this tract and most westerly southeast corner of said 32.8-acre tract; Thence West with north line of said road, 50.00 feet to a 1/2 inch iron pin set for southwest corner of this tract; Thence N01020123"E, 496.26 feet to a 1/2 inch iron pin set for northwest corner of this tract; Thence S8914711311E, 50.00 feet to an iron pin found at fence corner for northeast corner of this tract and ell corner of 32.8-acre tract; Thence S01120123"W, with most westerly east line of 32.8-acre tract and along fence, 496.07 feet to the place of BEGINNING and containing 0.569-acre of land. This property is being acquired at the instance of the United States Department of Transportation, Federal Aviation Administration. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Grantee and its assigns forever, and we do hereby bind ourselves, our heirs, executors, and administrators, to Warrant and Forever Defend, all and singular the said premises unto the said UNITED STATES OF AMERICA and its assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof. ,, Witness our hands at , Texas, this day of A.D. 1986. Robert Lee McPherson Dorothy !/4. McPherson _ - ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF TARRANT Before me, the undersigned authority, a notary public, on this day personally appeared Robert Lee McPherson and wife, Dorothy M. McPherson his wife, known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same for the purposes and consideration therein expressed. _-",Given under my hand and seal of office this day of A.D. 1986. r Notary Public in and.for the COUNTY OF STATE OF My Commission Expires: RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY OF SOUTHLAKE TO ACQUIRE PROPERTY OWNED BY THE UNITED STATE OF AMERICA, LOCATED IN THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, FOR USE AS A PUBLIC PARK AND/OR FOR RECREATIONAL PURPOSES. WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, certain real property owned by the United State of America, located in the City of Southlake, Tarrant County, Texas, has been declared surplus and, at the discretion of the General Services Administration, may be assigned to the Secretary of Interior for disposal for public park or recreational purposes under the provisions of Section 203(k)(2) of the Federal Property and Administrative Services Act of 1949, as amended [40 U.S.C. § 550(e), formerly 40 U.S.C. § 484(k)(2)], and any regulations and policies promulgated pursuant thereto, more particularly described as follows: Name of Surplus Property: FAA Outer Marker 13R (LWN) - Radar Site Acreage of the Total Property Being Requested: 0.569 acres WHEREAS, the City Council of the City of Southlake has determined that the City of Southlake needs, and will use, said property in perpetuity for public park or recreational purposes as set forth in its application and in accordance with the requirements of said Act and any regulations and policies promulgated there under. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. The City of Southlake shall make application to the National Park Service for, and secure the transfer to, the property described below for said use and subject to such exceptions, reservations, terms, covenants, agreements, conditions, and restrictions as the National Park Service and the Federal disposal agency may require in connection with the disposal of said property under said Act and the regulations and policies issued pursuant thereto. The property to be acquired is described as follows: A. Name of Surplus Property: FAA Outer Marker 13R (LWN) - Radar Site B. Acreage of the Total Property Being Requested: 0.569 acres C. Location: 372 East Dove Road Southlake, Texas 76092 D. Legal Description: All that certain tract or parcel of land situated in the City of Southlake, Tarrant County, Texas, being a portion of the J.W. Chivers Survey, Abstract No. 350, and also being a 0.569-acre tract out of that certain 32.8-acre tract conveyed by W.C. McPherson et ux to Robert Lee McPherson as recorded in Volume 2867, page 1935 of the Deed Records of said County, and bounded as follows: BEGINNING at an iron pin found at fence corner in the north line of East Dove Road for southeast corner of this tract and most westerly southeast corner of said 32.8- acre tract; Thence West with north line of said road, 50.00 feet to a'/2 inch iron pin set for southwest corner of this tract; Thence N.01 020'23"E.7 496.26 feet to a'/2 inch iron pin set for northwest corner of this tract; Thence S.89047'1 YE., 50.00 feet to an iron pin found at fence corner for northeast corner of this tract and ell corner of 32.8-acre tract; Thence S.01 020'23"W. with most westerly east line of 32.8-acre tract and along fence, 497.07 feet to the place of BEGINNING and containing 0.569-acre land. SECTION 2. The General Services Administration requires three parts for a complete application. These parts include an Acceptance of Terms and Conditions, a Justification for Acquiring Property, and a Copy of the Council Resolution Authorizing Property Acquisition. A copy of the Acceptance of Terms and Conditions is attached as Exhibit A and a copy of the Justification for Acquiring Property is attached as Exhibit B. SECTION 3. The City of Southlake has legal authority, and is willing and able, to properly develop, maintain, operate, and assume liability of the property, and that Andy Wambsganss, Mayor of the City of Southlake, is hereby authorized, for and on behalf of the City of Southlake to do and perform any and all acts and things which may be necessary to carry out the foregoing resolution, including the preparing, making, and filing of plans, applications, reports, and other documents, the execution, acceptance, delivery, and recordation of agreements, deeds, and other instruments pertaining to the transfer of said property, including the filing of copies of the application and the conveyance documents in the records of the governing body, and the payment of any and all sums necessary on account of the purchase price thereof or fees or costs incurred in connection with the transfer of said property for survey, title searches, recordation or instruments, or other costs identified with the acquisition of said property. SECTION 4. This resolution shall be effective immediately upon its adoption by the City Council. PASSED, APPROVED, AND EFFECTIVE ON THIS THE DAY OF , 20 THE HONORABLE ANDY WAMBSGANSS MAYOR, CITY OF SOUTHLAKE ATTEST: LORI FARWELL, CITY SECRETARY EFFECTIVE DATE: EXHIBIT A EXHIBIT B