HomeMy WebLinkAboutC2012-142 - 5/10/2012 - NAAVIGATION AND HAZARD EASEMENT
WHEREAS, The Hooten Family Trust, acting by and through John Paul Hooten, the duly
appointed and qualified Trustee of the Hooten Family Trust, hereinafter called the
"Grantor," is the owner in fee of that certain parcel of land situated in the City of Corpus Christi,
County of Nueces, State of Texas, more particularly described as follows:
See attached Exhibit "A" (Legal Description)
hereinafter called "Grantors' property," and outlined on the attached Exhibit `B" (Plat);
In addition, Grantor is the owner of an undivided interest in and to all of the oil, gas, and other
minerals in, under or that may be produced from said Grantors' property;
NOW THEREFORE, in consideration of the sum of TEN DOLLARS ($10.00) and other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
Grantors, for themselves, their heirs, administrators, executors, successors, and assigns, do
hereby grant, bargain, sell, and convey unto the City of Corpus Christi, Texas, hereinafter called
the "Grantee," its successors and assigns, for the use and benefit of the public, an easement and
right -of -way, appurtenant to Corpus Christi International Airport, hereinafter called "CRP," for
the unobstructed use and passage of all types of aircraft (as hereinafter defined), in and through
the airspace above Grantors' property above an imaginary plane rising and extending in a
generally northerly direction over Grantors' property, said imaginary plane following the Above
Ground Level (AGL) contours shown on the plat in attached Exhibit "B ".
Said easement shall be appurtenant to and for the benefit of the real property now known as CRP
including any additions thereto wherever located, hereafter made by the Grantee or its successors
and assigns, guests, and invitees, including any and all persons, firms, or corporations operating
aircraft to or from the airport.
Said easement and burden, together with all things which may be alleged to be incident to or
resulting from the use and enjoyment of said easement, includes, but is not limited to the right to
cause in all airspace above or in the vicinity of the surface of Grantors' property such noise,
vibrations, fumes, deposits of dust or other particulate matter, fuel particles (which are incidental
to the normal operation of said aircraft), fear, interference with sleep and communication and any
and all other effects that may be alleged to be incident to or caused by the operation of aircraft
over or in the vicinity of Grantors' property or in landing at or taking off from, or operating at or
on said CRP is hereby granted; and Grantors" do hereby fully waive, remise; and release any
right or cause of action which they may now have or which they may have in the future against
the Grantee, its successor and assigns, due to such noise, vibrations, fumes, dust, fuel particles,
and all other effects that may be caused or may have been caused by the operation of aircraft
landing at, or taking off from, or operating at or on said CRP.
As used herein, the term "aircraft" shall mean any and all types of aircraft, whether now in
existence or hereafter manufactured and developed, to include, but not limited to, jet aircraft,
2012 -142
5110/12
doc
The Hooten Family Trust, et al INDEXED
propeller driven aircraft, civil aircraft, military aircraft, commercial aircraft, helicopters, and all
types of aircraft or vehicles now in existence or hereafter developed, regardless of existing or
future noise levels, for the purpose of transporting persons or property through the air, by
whoever owned or operated.
The easement and right -of -way hereby grants to the Grantee, the continuing right to prevent the
erection or growth upon Grantors' property of any building, structure, tree, or other object,
extending into the airspace above the aforesaid imaginary plane, and to remove from said
airspace, or at the sole option of the Grantee, as an alternative, to mark and light as obstructions
to air navigation, any such building, structure, tree, or other objects now upon, or which in the
future may be upon Grantors' property, together with the right of ingress to, egress from, and
passage over Grantors' property for the above purpose.
And for the consideration hereinabove set forth, the Grantors, for themselves, their heirs,
administrators, executors, successors, and assigns, do hereby agree that for and during the life of
said avigation easement, they will not hereafter erect, permit the erection or growth of, or permit
or suffer to remain upon Grantors' property any structure in the Runway Protection Zone that is
an airport hazard or which might create glare or misleading lights or lead to the construction of
residences, fuel handling and storage facilities, or smoke generating activities; and the Grantors,
for themselves, their heirs, administrators, executors, successors, and assigns further agree they
will not permit places of public assembly upon Grantors' property, such as, churches, schools,
office buildings, shopping centers, restaurants, child care facilities, stadiums, and other
incompatible land uses as defined in FAA Advisory Circular AC 15015300 -13 and all subsequent
changes. Said Runway Protection Zone is identified in the attached Exhibit.
And for the consideration hereinabove set forth, the Grantors, for themselves, their heirs,
administrators, executors, successors, and assigns, do hereby agree that for and during the life of
said avigation easement, drilling rigs or other equipment utilized to explore for or produce oil,
gas and other minerals, that breaks the Above Ground Level plane shown in Exhibit B, shall not
be installed or constructed upon Grantors property.
AND for the consideration hereinabove set forth, the Grantors, for themselves, their heirs,
administrators, executors, successors, and assigns, do hereby agree that for and during the life of
said easement and right -of -way, they will not hereafter erect, permit the erection or growth of, or
permit or suffer to remain upon Grantors' property any building, structure, tree, or other object
extending into the airspace above the aforesaid imaginary plane, and that they shall not hereafter
use or permit or suffer the use of Grantors' property in such a manner as to create electrical
interference with radio communication between CRP and others, or use or permit the use of
Grantors' property in such a manner as to create interference with radar systems or similar
aircraft tracking systems used at CRP, or to permit any use of the Grantors' land so as to impair
visibility in the vicinity of CRP or as otherwise to endanger the landing, taking off or
maneuvering of aircraft. Grantors furthermore indemnify Grantee and hold Grantee harmless
from all damages and claims for damages caused or alleged to be caused by or incidental to such
activities.
CCIA Runway Extension.Hooten.doc
TO HAVE AND TO HOLD said easement and right -of -way and all rights appertaining thereto
unto the Grantee, its successors, and assigns, until said CRP shall be abandoned and shall cease
to be used for public airport purposes.
It being understood and agreed that the aforesaid covenants and agreements shall run with the
land and shall be binding upon the heirs, administrators, executors, successors, assigns of the
Grantors until said CRP shall be abandoned and cease to be used for public airport purposes.
IN WITNEMWHEREOF, the Grantor has hereunto set their hands and seals this day of
Yy\c,-, _ , ,,, 2012.
Trustee of the Hooten Family Trust
THE STATE OF TEXAS
COUNTY OF HARRIS
BE IT REMEMBERED, that on this 10 day of , 2012, before me the
undersigned, a Notary Public in and for the County and State Vforesaid, came John Paul Hooten,
the duly appointed and qualified Trustee of the Hooten. Family Trust, acting on behalf of said
Trust, who is personally known to me to be the same person who executed the within instrument
of writing and such person duly acknowledged the execution of the same.
IN WITNESS WHEREOF, I have hereunto set my
last a ve written.
Notary Public
My commission expires _ �P 1
hand and affixed my seal the day and year
C SHELLY GRAHMANN Notary Public, State of Texas SHY Commission Expires 06/2&/201 2
CCIA Runway Extension.Hooten.doc
GRANTEE:
CITY OF CORPUS CHRISTI, TEXAS
P. O. Box 9277
City Hall, 1201 Leopard, THIRD FLOOR
Department of Engineering Services
PROPERTY AND LAND ACQUISITION DIVISION
Corpus Christi, Texas 78469 -9277
By:
aniel Biles, P.E., Interim Director
Department of the Engineering Services
THE STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on
2012 by Daniel Biles, P.E., as Interim Director of Engineering §ervices of the City of Corpus
Christi, Texas, a Texas municipal corporation, on behalf of said corporation.
Notary Public in and for the State of Tex
[Seal]
k MAR NASR.VIAQUIMZ
ti t
{ My COMMISSION EXPIRES
AuguSK 2013
APPROVED AS TO LEGAL FORM, THIS DAY OF ,
2012.
FOR THE CITY ATTORNEY
By: N V
Assistant City Attorney
CITY LEGAL DEPARTMENT
CCIA Runway Extension.Hooten.doc
LNV, Inc.
801 Navigation Blvd-, Suite 200
Corpus Christi, Texas 78408
PARCEL No. 2
Field Note Description for an 18.81 acre iracE of land, more or less, herein described as "parcel 2" out of a
called 91.36 acre tract of land (mown as `bract 3 of the V.M. Donigan 456.80 acre partition as recorded in
Volume 1, Pages 48-49, Miscellaneous 'Map Records of Nueces County, Texas being described in a
Partition and Settlement Deed and Agreepent recorded in Clerk's File No. 320003, Volume 501 Page 228,
Deed Records of Nueces County Texas, be'' more particularly described by metes and bounds as follows:
Beginning at point for the southwest corner of said Tract 3 the southeast corner of Tract 4 of said partition
and in the north right -of -way line of the T exas Mexican Railroad from which a 1" iron pipe found for the
southwest comer said Tract 4 bears South 88 °- 34' -25" West, 1457.61 feet;
Thence North 00 48' -47" West, with tAe common fine of said Tract 3 and said Tract 4, a distance of
1,121.64 feet to a point for the northwest comer of the tract herein described;
Thence North 88 39' -16" East across said Tract 3, a distance of 731.07 feet to a point on the east line of
said Tract 3 and the west line of Tract 2 of said partition for the northeast corner of the tract herein
described; . I
Thence South 00 47' -34" East, with the common line of said Tract 3 and said Tract 2, a distance of
1,120.89 feet to a point in the north right- o �-way line of said railroad for the southeast comer of said Tract 3
the southwest corner of said Tract 2 and the southeast comer of the tract herein described;
Thence South 88 35' -43" West, with
730.68 feet to a point for the southwest
Containing more or less {819,467.5 Square
State of Texas
County of Nueces
common line of said Tract 3 and said railroad, a distance of
r of the herein described tract and for the Point of Beginning_
18.81 acres of land.
1, Horacio Oliveira, a Registered ProfessioAa] Land Surveyor of LNV, Inc,, hereby certify that the foregoing
field note description was prepared from a survey made on the ground under my direction, and supervision.
#4
This the day of
f
— F !
Horacio Oliveira
State of Texas License No. 1415
2012.
OF
HOM66 666Fi A
r� . 1415
1• � Fftsio , ' O
SUR�ti
Exhibit "A"
S 013'47'34" E 1120.89' j
I
I LIGHT LANE
PROP EASEMENT
_1121.08' _ - -1
r - LIGHT UNE�
5ECTION LINE
I PARCEL 2 I
18.81 ACRES i
co CV 6" AIR LIOUIOE� --�
01 I PIPELINE
N IP
�.
4 I
PL PL AL Pi Pt
TRACT 4
91.36 AC.
VOLUME 1, PAGES 46 & 49
C LIANEOVS MAP RECORDS
N - 00'48'47 " W 1121.94
l4
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MIS F I E:
• NUECES COUNTY, TEXAS
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SCALE: 1 " =zoo'
FL vl vL =
' VOLUME 501, PACE 228
TRACT 2
J.R.
91.36 AC.
State of Texas I.P,
VOLUME I, PAGES 48 & 49
County of Nuaces FO
MISCELLANEOUS MAP RECORDS
I, Horacio Oliveira, a Registered Professional Land B.L.
NUECES COUNTY, TEXAS
Surveyor, of LW Inc., do hereby certify that the
CLERKS FILE NO. 320003
a
Q
VCLOME 501, PACE 226
� W
D.R.N.C.T.
r
PROPERTY LINE
zw`&�
z
RIGHT OF WAY
—:
Thie the �' ^ day of HaI�CI4 O[LI�
SECTION LINE
RAIL ROAD TR ACKS
,•�4� -0 1415 —
I _ � --
5—
TRACT 3
w
91.36 AC.
su" - - -
VOLUME t, PAGES 40 & 49
Horacio Oliveira
MISCELLANEOUS MAP RECORDS
State of Texas License No. 1415
NUECES COUNtt, TEXAS
a
Cn
OLEAXs FILE NO. 320003
VOLUME 501, PAGE 226
D.R.N.C.T,
S 013'47'34" E 1120.89' j
I
I LIGHT LANE
PROP EASEMENT
_1121.08' _ - -1
r - LIGHT UNE�
5ECTION LINE
I PARCEL 2 I
18.81 ACRES i
co CV 6" AIR LIOUIOE� --�
01 I PIPELINE
N IP
�.
4 I
PL PL AL Pi Pt
TRACT 4
91.36 AC.
VOLUME 1, PAGES 46 & 49
C LIANEOVS MAP RECORDS
N - 00'48'47 " W 1121.94
l4
�g
MIS F I E:
• NUECES COUNTY, TEXAS
' M
CLERKS FILE NO, 320003 D.R.N.C.T.
DEED RECORDS, NUECES COUNTY, TEXAS
' VOLUME 501, PACE 228
ro
J.R.
IRON ROD
State of Texas I.P,
IRON PIN
County of Nuaces FO
FOUND
I, Horacio Oliveira, a Registered Professional Land B.L.
BUILDING LINE
Surveyor, of LW Inc., do hereby certify that the
foregoing map was prepared from information of record AOL
ABOVE GROUND LEVEL
and from a survey made on the ground under m
direction. ,C QF PI
PROPERTY LINE
�•( �5187' RFC W --
RIGHT OF WAY
—:
Thie the �' ^ day of HaI�CI4 O[LI�
SECTION LINE
RAIL ROAD TR ACKS
,•�4� -0 1415 —
I _ � --
5—
UNDERGROUND PIPELINE
EASEMENT LINE
V
su" - - -
LIGHT LANE
Horacio Oliveira
State of Texas License No. 1415
I
POINT O F I
FD' 1" I.P.
SW CORNER OF WELCH
91.36 AC. TRACT
I&
THIS MAP To ACCOMPANY FIELD NOTE
DESCRIPTION
SOURCE OF BEARING -TEXAS STATE PLANE
TEXAS SOUTH TONE- 4206 -NAD 83
a
6n
.v
W
N r
�r r
to a
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• BY GRAPHIC PLOTTING ONLY, THIS PROPERTY
IS IN ZONES 'Al. B & C' ON FLOOD
INSURANCE RATE MAP, COMMUNITY PANEL
NUMBER 465464 0165C, FEMA MAP EFFECTIVE
DATE OF JULY 18, 1485.
• PARCEL 2 - 019,487.52 SO. FY., 1B.01 AC,
EXHIBIT OF
MAXIMUM PERMITTING BUILDING
HEIGHT ABOVE GROUND LEVEL
PARCEL NO. 2
AREA = 819,467.5 SQ. FT.
18.81 AC.
REFERENCES: 91.3$ ACRES
VOLUME 1, PAGES 48 & 49
MISCELLANEOUS MAP RECORDS, NUECES COUNTY, TEXAS
CLERKS FILE NO. 320003
VOLUME 501, PAGE 228, D.R.N.C.T.
a 200 300 400
DATE: MAY 2012
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engineers I architects � contractors CHECKED BY: DO
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A PROJECTION OF
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OF RUNWAY 17 -35
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— -
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EXHIBIT OF
MAXIMUM PERMITTING BUILDING
HEIGHT ABOVE GROUND LEVEL
PARCEL NO. 2
AREA = 819,467.5 SQ. FT.
18.81 AC.
REFERENCES: 91.3$ ACRES
VOLUME 1, PAGES 48 & 49
MISCELLANEOUS MAP RECORDS, NUECES COUNTY, TEXAS
CLERKS FILE NO. 320003
VOLUME 501, PAGE 228, D.R.N.C.T.
a 200 300 400
DATE: MAY 2012
Lw DRAWN BY: ORB
engineers I architects � contractors CHECKED BY: DO
L ''—r- JOB 140. t l02O5
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� Puyes 7
05111/2012 10:17AM
Official Records of
NUECES COUNTY
DIANA T. BARRGNA
COUNTY CLERK
Fees $39.00 '
Any nrovision herein which restricts the Sole,
Rental OP use Of the described
REAL rxVpEKTT because of Race? Color,
Relision, Sex, Handicap,- Familial Status, or
NotionoI Drisin is involki and unenfbrcmnbIe
under FEDERAL LAW, 3/12/89.
r73TATE OF TEXAS '
COUNTY OF NUECES
I hereby certi[y that this instrument was FILED
/n file number senuance on the dote uod ot the
time staffiped herein bu mer and was duly RECORDED
in the Officiml Public Records of
Noeces Couotyr Texas
Diana T. Borrero
p
C Of Corpus Christi
Dept. of En gineering Services
Property and Land Acquisition
.Corpus Christi, TX 78469-9277