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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 �g MIS F I E: • NUECES COUNTY, TEXAS ' M 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 z • 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 Lw DRAWN BY: ORB engineers I architects � contractors CHECKED BY: DO L ''—r- JOB 140. t l02O5 13 ' M ro a A PROJECTION OF THE CENTERLINE .X W OF RUNWAY 17 -35 u - -- - — - a � W zz W a Cn 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 13 ' Do 201201774-4 / � 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