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HomeMy WebLinkAbout775 02-14-1984ORDINANCE NO. 775 AN ORDINANCE AMENDING ORDINANCE NO. 147 & 148, SAME BEING THE EULESS SUBDIVISION RULES AND REGULATION: AMENDING ARTICLE I THEREOF BY ADOPTING IN SECTION 15, SUBSECTION It THAT A NOTE REQUIRING AN AVIGATION EASE- MENT APPEAR ON THE FACE OF CERTAIN PRELIMINARY PLATS; ADOPTING IN SECTION 18 AN ADDITIONAL SUBSECTION MAKING IT A REQUIREMENT THAT A PROPERLY EXECUTED AVIGATION EASEMENT APPEAR ON CERTAIN FINAL PLATS, AND RENUM- BERING CERTAIN SUBSECTIONS THEREIN; AMENDING SECTION 25(b) TO COINCIDE WITH THE RENUMBERING OF SECTION 18; ADOPTING IN SECTION 26 THE ESTABLISHMENT AND LIMITS OF AN AIRCRAFT EXPOSURE ZONE "B" AND THE REQUIREMENTS THEREOF; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A PENALTY AND AN EFFECTIVE DATE. WHEREAS, the eastern portion of the City of Euless is expected to undergo rapid development; and WHEREAS, a significant portion of the developing land in this area within the City of Euless is in close proximity to the Dallas /Fort Worth Airport; and WHEREAS, the operation of aircraft have certain adverse and detrimental characteristics; and WHEREAS, aircraft operating at and out of the Dallas /Fort Worth Airport are not within the authority of the City of Euless to regulate; and WHEREAS, the number of aircraft operations are increasing and projected to continue increasing; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: I. Article I, Section 15 of the Euless Subdivision Rules and Regulations heretofore adopted as Ordinance Nos. 147 & 148, is hereby amended by adding Subsection (11) to hereafter be and read as follows: (t 1) Where any part or portion of a' preliminary plat is located within Zone "B" (as defined by Section 26 of this Ordinance) the following note shall appear on the face of the preliminary plat. "The final platting of any of the property contained herein shall be accompanied by a properly executed avigation easement and release form. Said property shall be subject to the additional building requirements and specifications in Chapter 55 of the 1982 Uniform Building Code as adopted and amended by the City of Euless, Texas." Ii. Article I, Section 18 of the City of Euless Subdivision Rules & Regulations heretofore adopted as Ordinance Nos. 147 & 148 is hereby amended by inserting the following subsection between the existing Subsection (7) and Subsection (8) then sequentially renumbering these subsections. The new Subsection (8) shall hereafter be and read as follows: (8) The final plat of any property located wholly or partly in Zone "B" (as defined by Section 26 of this Ordinance) shall bear a properly executed avigation easement and release on the face thereof or as an addendum attached thereto and filed concurrently therewith (See Appendix E). Such dedicatory instrument is to be signed by the owner or owners, and all persons or parties having a mortgage or lien interest in the property. III. Article 1, Section 25(b) of the City of Euless Subdivision Rules & Regulations theretofore adopted as Ordinance Nos. 147 & 148, is hereby amended to hereafter be and read as follows: (b) If the above criteria can be met, then the City will require that a Corrected Plat be submitted to conform with the submittal require- ments that are established for submittal of Final Plats in Section 17 and Section 18 of the Euless Subdivision Ordinance, exclusive of ORDINANCE NO. 775 , PAGE TWO OF FOUR Section 17(a)2 and Section 18(5) and (14). The title "Corrected Plat" should be substituted in place of the title "Final Plat" where it appears in Section 17 and Section 18. IV. Amend Article I of the Euless Subdivision Rules and Regulations heretofore adopted as Ordinance Nos. 147 & 148 by adding Section 26 "Aircraft Exposure Zone" to hereafter be and read as follows: Section 26 Aircraft Exposure Zone (a) Certain sections of the City are declared to be subject to significant negative influence from aircraft, and are hereby established and shall be known as Zone "B ". (b) Zone "B" shall include all territories and properties of the City of Euless which lie to the east of Noise Zone "B" as established in Exhibit "A" attached hereto, being the "Ldn 65 contour for D /FW Airport Operations based on 1971 COG Contour Defining Zone 'A' and Zone 'B'," dated February 13, 1984, prepared and signed by J. M. Joiner. (c) All final plats of any property within Zone "B" shall bear a properly executed avigation easement and release form on the face therefore or as an addendum attached thereto and filed concurrent therewith. (See Appendix E.) (d) Any and all properties located within Zone "B" shall be subject to the additional requirements of Chapter 55 in the 1982 Uniform Building Codes as adopted and amended by the City of Euless. V. Severability Clause. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court or competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. ORDINANCE NO. 775 , PAGE THREE OF FOUR VI.' Penalty for Violation. Any person, firm, or corporation violating the terms and provisions of this ordinance, or the amendments to the City of Euless Charter hereby made, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be liable to a fine in an amount not to exceed Two Hundred ($200.00) Dollars, and each day such violation shall he permitted to exist shall constitute a separate offense, as provided by Ordinance No. 147 & 148, and subsequent amendments to the Euless City Charter and the Statutes of the State of Texas. VII. Effective Date. This ordinance shall be in full force and effect from and after its passage as provided by the Euless City Charter and the laws of the State of Texas. PRESENTED AND GIVEN FIRST READING at a regular meeting of the Euless City Council on the 8th day of November, 1983, by a vote of 5 ayes, 0 nays, and 0 abstentions. GIVEN SECOND READING, PASSED, AND APPROVED at a regular meeting of the Euless City Council on thel4th day of February , 1984, by a vote of 4 ayes, 0 nays, and 0 abstentions. APPROVED: / /4 ` dike'4" Harold Samuels, Mayor ATTEST: ORDINANCE NO. 775 , PAGE FOUR OF FOUR APPENDIX E THIN STATE OF TEXAS AV1GATLON EASEMENT AND RELEASE COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS: WHEREAS, hereinafter called "Owner" (whether one or more) , is the owner of that certain parcel of land situated in the City of Euless, Tarrant County, Texas, being more particularly described in Exhibit "A" attached hereto and incorporated herein for all purposes: NOW, THEREFORE, in consideration of the sum of ONE AND 00 /i00 (51.00) DOLLAR, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and confessed, Owner does hereby grant, sell and convey an Avigation Easement for free and unobstructed passage of aircraft 'c hro•.:gh the airspace above said described property, unto the City of Euless, Texas, the Cities of Dallas, Texas, and Fort Worth, Texas, and the Dallas -Fort Worth Regional Airport Board, their suc- cessors and assigns, hereinafter called "Cities ", for the use and benefit of the public and its agencies, to have and to hold such Easement, together with all and singular the rights and appur- tenances thereto in any wise belonging, and Owner does hereby bind himself, his successors, heir, executors and assigns, to forever warrant and defend all and singular the said rights granted herein unto the said Cities, their successors and assigns, against every person whomsoever lawfully claiming or who might hereafter claim the same or any part thereof. As an appurtenance to this grant, Owner does hereby waive, release, remise, quitclaim and forever hold harmless the said Cities, their successors and assigns, from any and all claims for damages of any kind that Owner may now have or hereafter nave oy reason of the passage of any and all aircraft ( "aircraft" oeing defined as any contrivance now known or hereafter invented, or used or designed for navigation of or flight in the air) , by whomsoever owned or operated, in the airspace over Owner's property, above a level measured 150 feet from the average ground level of said property as same presently exists, to an infinite height above same. Such release shall include, but not be limited to, any damages to Owner's described property, such as noise, vibration, fumes, dust, fuel and lubricant particles, and a:: other effects from the operation of aircraft flight over sa-d property, or landing at, or taking off from, or operatinq at or on the Dallas -Fort Worth Regional Airport, whether such claiii u,, _or injury or death to person or persons or damages to or taking of property. This Release shall be binding upon Owner, his successors, heirs, executors, administrators and assigns, and shall be a covenant running with the land, same to be recorded in the Deed records of Tarrant County, Texas. Executed this day of , 19 (Owner) THE STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority of this day personally appeared known to me to be the person whose name subscribed to the foregoing instrument, and acknowledged to me that he executed CRCI !AECE NO. 775 the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of , 19 Notary Public, T E X A S My commission expires: AVIGATION EASEMENT AND RELEASE Page Two ORDINANCE NO. 775