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HomeMy WebLinkAboutORD 1992-046 ORDINANCE NO. 92-46 � AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING APPENDIX "C" OF THE CODE OF ORDINANCES (ORDINANCE NO. 78-2) TO CORRECT INCONSISTENCIES IN EXHIBIT "A" OF THE ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Grapevine has previously adopted a sound exposure forecast map prepared by the North Central Tegas Council of Governments dated October 14, 1971 for the purpose of establishing certain environs land use guidelines by Ordinance No. 78-2; and WHEREAS, Ordinance No. 78-2 (APPENDIX "C") of the Grapevine Code of Ordinances, requires that any property proposed to be subdivided and lying within the areas delineated as Zone "B" and Zone "C" on the map shall have an "Avigation Release" egecuted and said release shall appear on the face of the plat; and WHEREAS, the form of the "Avigation Release" is contained in Eghibit "A" to Appendiz "C" ; and WHEREAS, Ezhibit "A" of Appendiz "C" , the "Avigation Release" form, references the plat of the property as an "Eghibit A" to the "Avigation Release" form and is inconsistent with Section 3 of Appendiz "C" which requires that the "Avigation Release" form appear on the face of all approved subdivision plats. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all the matters stated in the preamble of this ordinance are true and correct and are hereby incorporated into the body of this ordinance as if copied in their entirety. Section 2 . That Ezhibit "A" of Appendig "C" is hereby amended as follows: EXHIBIT "A" 0944X/62 AVIGATION RELEASE THE STATE OF TEXAS � COUNTY OF TARRANT � WHEREAS, , hereinafter called "Owner" (whether one or more) , is the owner of that certain parcel of land situated in the City of Grapevine, Tarrant County, Tezas, being more particularly described as shown on this plat. NOW, THEREFORE, in consideration of the sum of ONE AND 00/100 ($1. 00) DOLLAR and other good and valuable consideration, the receipt and sufficiency of which is hereby fully acknowledged and confessed, Owner does hereby waive, release, remise and quitclaim to the City of Grapevine, Tarrant County, Tegas, the Dallas-Fort Worth International Airport Board, the Cities of Dallas, Tezas and Fort Worth, Tezas, their successors and assigns, hereinafter called "Cities" , for the use and benefit of the public and its agencies, any and all claims for damages of any kind to persons or property that Owner may suffer by reason of the passage and flight of all aircraft in the air space above Owner ' s property above the height restriction as presently established by Ordinance No. 73-50 of the City of Grapevine, known as the Airport Zoning Ordinance of the Dallas-Fort Worth International Airport, to an infinite height above same, whether such damage shall originate from noise, vibration, fumes, dust, fuel and lubricant particles, and all other effects that may be caused by the operation of aircraft landing at, or taking off from, or operating at or on the Dallas-Fort Worth International Airport. This instrument does not release the owners or operators of aircraft from liability for damage or injury to person or property caused by falling aircraft or falling physical objects from aircraft, ezcept as stated herein with respect to noise, fumes, dust, fuel and lubricant particles. It is agreed that this Release shall be binding upon said owner and his heirs and assigns, and successors in interest to said property; and it is further agreed that this instrument shall be a covenant running with the land, and shall be recorded in the Deed Records of the county or counties in which the property is situated. -2- 0944X/63 EXECUTED at Tezas, this date of , 1992. OWNER TITLE STATE OF TEXAS � COUNTY OF TARRANT § BEFORE ME, the undersigned, a Notary Public, in and for said County and State, on this day personally appeared , known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that he ezecuted the same for purposes and consideration therein ezpressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of � 1992 . Notary Public in and for Tarrant County, Tezas Notary Printed Name My Commission Ezpires : Section 3 . That the terms and provisions of this ordinance shall be deemed to be severable, and that if the validity of any section, subsection, word, sentence or phrase shall be held to be invalid, it shall not affect the remaining part of this ordinance. Section 4 . The fact that the present ordinances and regulations of the City of Grapevine, Tezas are inadeguate to properly safeguard the health, safety, morals, peace and general welfare of the public creates an emergency which requires that this ordinance become effective from and after the date of its passage. -3- �.. : 0944X/64 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF �,_.,� GRAPEVINE, TEXAS on this 18th day of August , 19g2 , � Mayor, City of Grapevine, Tegas ATTEST: Ci y Secretar APPROVED AS TO FORM: City Attorney �_. , �.m�,� � -4- � 0944X/65