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Home My WebLink AboutC2012-198 - 6/14/2012 - NAAVIGATION AND I[A7ARD EASEMENT WHEREAS, Anna Spohn Welch Marsh 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. Nothing in this agreement waives or releases any claims of any kind that grantor or grantor's heirs, successors, lessees, invitees, or licensees may have now or in the Future against a party other than the Grantee, its agents or representatives for damages to property and/or injuries to 2012 -198 6114112 Anna Spohn Welch Marsh INDEXED person caused by the direct contact of an aircraft on or above grantor's property or any other land of grantor, or caused by fire and/or explosions resulting from the operation of aircraft on or above grantor's property or any other property of grantor. 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, 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 plaices 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 150 /5300 -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 Gr tors 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' property so as to impair visibility in the vicinity of CRP to the extent that it endangers 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. 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 TNESS WHEREOF, the Grantor has hereunto set their hands and seals this day of j:3 -- 2012. GRANTOR Spohn Welch Marsh ACKNOWLEDGEMENT STATE OF CLOJ40A § COUNTY OF 401-lJE2 § BE IT REMEMBERED, that on this I3 day of yumc , 2012, before me the undersigned, a Notary Public in and for the County and State aforesaid, came Anna Spohn Welch Marsh, 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 hand and affixed my seal the day and year last above written. otary P lie P ` ens Dn esl P of Florida S My expires 10 `Z Zo y `� ` MY �,�S 0/21�/20113D918729 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 78459 -9277 By: Daniel Bites, P.E.; Interim Director Department of the Engineering Services THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on (T" o 2012 by Daniel Bites, F.E., as Interim Director of Engineering Services of tfie City, of Corpus Christi, Texas, a Texas municipal corporation, on behalf of said corporation. Not ary Public in and for the St to of Tbxas [Seal MARTMSILVIAQUIROZ W COMMISSION EXPIRES Au" 4,21)13 APPROVED AS TO LEGAL FORM, THIS 1 DAY OF , 2012. FOR THE CITY ATTORNEY Lisa Aguilar, Ak5jitant City Attorney CITY LEGAL DEPARTMENT 2 LHV, Inc. 801 Navigation Blvd., Suite 2000 Corpus Christi, Texas 78408 PARCEL NO. l Field Note Deseripti'on for 7.80 acre tract of land called Parcel 1, out of the Marsh Anna Spohn Welch, 91.36 acre tract of land, out of the V.M. Dbn.igan plat recorded iri, V olutne I Page.49, Miscellaneous lVfap attached to Partition Deed 320Q0, 3, Volume 501, Page 228, Deed Records of Nueces County., Togas,,-said 7.80 acre tract of land being more particularly described by metes and bounds as fopows: .Beginning at a point in the north right of way line of:the Texas Mexican Railroad,: along State Ftighway No. '44 the. sontlttwest corner 6f d 9 =1_36 acre tract of land in the name of Iohn Paul Hocten, the southeast corner of said 91:36 acre tract for the southeast and beginning comer•ofthe tract herein described; Thence South 8$°- 35 1 43" West, with the north right of way line of said Texas Mexican Railroad a distance of 213.39 feet to a: point for the southwest comer afthe tract herein described; Thence North 09 °- 52' -35" West, a distance of 1,134.36 feet to a pole "t for the northwest corner ofthe tract herein descdbed; Thence North 88°-3.9'-16 " ' East, a distance of 392.08 feet to a po n in the west line of said 91.36 acre. Hooten property, for the northeast corner of the tract herein described; Thence South 00°- d8' -47" `East, with the west line of said:l4botep tract of land, a .distance of 1,121,64 feet to the Point of-Beginning, CorarabvWgariore .orless(339;587.3Square Feet) 7:60 acres of land. r State ofTexas; County of Nueces f; 1 racio :Olivelra, a Registered Professional 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 that this ;description conforms to the nurrent Texas Surveyors Association' Standards and Specifications for a Category 1=A, .Land Title Survey. This the /Achy of Ze4rhA 2012, Horacio,Oliveira State. of Texas'License No_ 1415 Exhibit "A° *� , State of Texas F-: SCALE, 1"=200' U z Z 1, Horacio Oliveira, a Registered Professional Land Surveyor, of LW I n c., do hereby certify that the THIS MAP TO ACCOMPANY FIELD NOTE foregoing map was prepared from information of record DESCRIPTION PL PL Q �— direction. C9 a ` BY GRAPHIC PLOTIING ONLY, THIS PROPERTY This the lrl'*„day Of,�i2011. J O NUMBER 485484 01650 FEMA MAP EFFECTIVE 3 JOHN PAUL HOOTEN 91.36 AC . k�Cl[ON UNE I , 1� POINT OF SE4,INNING�-. S 00'48'47" E 1121.64' m W e t0 O! M z I * E - d zp t r7Vf1KU�� OLIVEiRA 7 1 r C N V) t4 N 3 ii 3 1yw/ �w �z W 2— TI L � M s X L61 — TEXAS MEXICAN H RAILROAD N W 1 & - 0 &Z I FD 1' I.P. SW CORNER OF WELL 91.36 AC. TRACT EXHIBIT OF MAXIMUM PERMITTING BUILDING HEIGHT ABOVE GROUND LEVEL PARCEL NO. 1 M.R.N.C.T. MAP RECORDS, NUECES COUNTY TEXAS AREA= 339,587.3 SQ. FT. I.R. IRON ROD 7. 80 /LC I.P. IRON PIN REFERENCES: LOT 4, FO FOUND V.M. DONIGAN G.L. BUILDING LINE VOLUME 1, PAGE 49, M.R.N.C.T. AOL ABOVE GROUND LEVEL. 0 2 400 —PL— PROPERTY LINE DATE: OCTOBER 2011 —ROW— RIGHT OF SPAY - SECTION LINE My H RAIL ROAD TRACKS enginears I architects I contractors / 5z'35" w 1134,36' 14 09 4 MARSH ANNA SPOHN WELCH 91.36 AC. State of Texas County of Nueces 1, Horacio Oliveira, a Registered Professional Land Surveyor, of LW I n c., do hereby certify that the THIS MAP TO ACCOMPANY FIELD NOTE foregoing map was prepared from information of record DESCRIPTION and from a survey made on the ground under my SOURCE OF BEARING -TEXAS SATE PLANE direction. TEXAS SOUTH ZONE- 4205 -NAD 83 ` BY GRAPHIC PLOTIING ONLY, THIS PROPERTY This the lrl'*„day Of,�i2011. IS IN ZONES 'Al. B 8: C" ON FLOOD INSURANCE RATE MAP COMMUNITY PANEL NUMBER 485484 01650 FEMA MAP EFFECTIVE DATE OF JULY It 1989. � %• 4 . PARCEL T - 339,587.3 SO. FT., 7.80 AC. 8oracio Oliveira State of Texas License No. 1415 1 r C N V) t4 N 3 ii 3 1yw/ �w �z W 2— TI L � M s X L61 — TEXAS MEXICAN H RAILROAD N W 1 & - 0 &Z I FD 1' I.P. SW CORNER OF WELL 91.36 AC. TRACT EXHIBIT OF MAXIMUM PERMITTING BUILDING HEIGHT ABOVE GROUND LEVEL PARCEL NO. 1 M.R.N.C.T. MAP RECORDS, NUECES COUNTY TEXAS AREA= 339,587.3 SQ. FT. I.R. IRON ROD 7. 80 /LC I.P. IRON PIN REFERENCES: LOT 4, FO FOUND V.M. DONIGAN G.L. BUILDING LINE VOLUME 1, PAGE 49, M.R.N.C.T. AOL ABOVE GROUND LEVEL. 0 2 400 —PL— PROPERTY LINE DATE: OCTOBER 2011 —ROW— RIGHT OF SPAY - SECTION LINE My H RAIL ROAD TRACKS enginears I architects I contractors / 5z'35" w 1134,36' 14 09 4 MARSH ANNA SPOHN WELCH 91.36 AC. Docg 20120 2294Z3 t Pases 7 06/18/2012 11 :10AM Official Records of NUECES COUNTY DIANA T. DARRF.RA COUNTY CLERK. Fees $39.00 City of Corpus Christi C" Dept. of Engineering Services Property and Land Acquisition P. O. Box 9277 Corpus Christi, TX 78469 -9277 Any provision herein which restricts the Sale? Rental or use of the described REAL PROPERTY because of Racer Calory Relisions Sexy Nandif -app Familial Status, or National Orisin is invalid and unenforceable_ under FEDERAL LAW, 3/12/89, STATE OF TEXAS COUNTY OF NUECES I hereby certify that this instrument was FILED in file number sequence on the date and at the time stamped herein by mey and was duly RECORDED in the Official Public Records of Nueces County: Texas Diana T. Earrera