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Home My WebLink AboutC2012-208 - 6/26/2012 - ApprovedAVIGATION AND HAZARD EASEMENT WHEREAS, Mazie P. Walker, the widow of Charles Arthur Walker, 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, propeller driven aircraft, civil aircraft, military aircraft, commercial aircraft, helicopters, and all 2012 -208 6126/12 M2012 -116 Mazie P. Walker INDEXED 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. 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 WITNESS WHEREOF, the Grantor has hereunto set their hands and seals this day of a qj1 J - 5 2012. C" ty. ITIIII MAZIE P. WALKER 1/r &7 ez L By: . David Walker as Attorney -in -Fact for Mazie P. Walker ACKNOWLEDGEMENT STATE OF FLORIDA COUNTY OF BREVARD BE IT REMEMBERED, that on this /O t 4 day of n -�L , 2012, before me the undersigned, a Notary Public in and for the County and State aforesaid, came W. David Walker as Attorney -in -Fact for Mazie P. Walker, 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 abqw., written. c Notary Public , "L "' A KNI#'FER MY COMMISSION ! EE97694 My commission expires A u tom° Q exv A° °2• 20 1490UP '{ARY PI. bkWvDi alnl AHm. CO. 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 784699277 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 d'4$ 2012 by Daniel Biles, P.E., as Interim Director of Engineering Services of the City of Corpus Christi, Texas, a Texas municipal corporation, on behalf of said corporation. Notary Public in and for the State of xas [Seal] MARTHA SILVIA QUIROZ MY COMMISSION EXPIRES • • August 4, 2013 APPROVED AS TO LEGAL FORM, THIS 12 DAY OF 2012. FOR THE CITY ATTORNEY By. Lisa Agui , Assistant City Attorney CITY LEGAL DEPARTMENT 0 .UD �-u I MU By ONRCIL_. (I1 I SECWA JAGEN\Airport_Walker_ revised Deed1CCIA_Revised AvEsmt_Mazie Walker. doc LNV, Inc. 801 Navigation Blvd.. Suite 200 Carpus Christi, Texas 78408 Meld Note Description for a 14.10 acre tract of land, more or less, out of a called 91,36 acre tract of land known as Tract 2 of the V.M. Donigan 456.80 acre partition as recorded in Volume 1, Pages 4 8-49, Miscellaneous Map Records of Nueces County, Texas being described in a Partition and Settlement Deed and Agreement recorded in Clerk's File No. 320003, Volume 501, Page 228, Deed Records of Nueces County Texas, and being more particularly described by metes and bounds as follows: Beginning at a point for the southwest corner of said Tract 2, the southeast corner of Tract 3 of said V.M. Donigan 456.80 acre partition, and the north right-of-way line of the Texas Mexican Railroad from which a 1" iron pipe found for the southwest corner of Tract 5 of said partition bears South 88°- 34' -51" West, 2188.29 feet; Thence North 00 %47' -34" West, with the common boundary line of said Tract 2 and said Tract 3, a distance o €1120.89 feet to a point for the northwest corner of the tract herein described; Thence North 8$°- 39'46" East, " a distance of 626.84 feet to a point for the northeast corner of the tract herein described; Thence South 07 %11' -07" West, a distance of 1132.89 feet to a point in the south line of said Tract 2 and the north line of said Texas Mexican Railroad for the southeast corner of the tract herein described; Thence South 88 �35' -43" 'West, along the coYtunon line of said Tract 2 and said Texas Mexican Railroad, a distance of 469.61 feet to a point for the southwest corner of the herein described easement and for the POINT OF BEGINNING. Containing more or less 14.10 (614,318.12 Square Feet) acres of land. Bearings are based on Texas State Plane Zone 4205 NAD 83. State of Texas County of Nueces 1, Horacio Oliveira, a Registered Professional land Surveyor, of LNV lnc., Engineers & Consultants, do hereby certify that the foregoing Field Note Description was prepared from information of record and from a survey made on the ground under my direction. This the day of 2012. � racloo a State of Texas License No. 1415 ��RAG10 * 0'LII * E iRA 4 A . 1415. *`:�s.t y��FSas ? Exhibit "A" L tt FL M Z SCALE: TRACT 2 91-36 AC. VOLUME 1, PAGES 48 & 49 MISCELLANEOUS MAP RECORDS NUECES COUNTY, TEXAS CLERKS FILE NO. 320003 VOLUME 501, PAGE 229 D,R.N.C.T. R F a m � IQ 1N ro Z a rl GL PROP EaSELIENT £ 3 07'11'07" W 1iJ2.99' PARCEL 3 14.10 ACRES, tt fR I I I I I I y Z �� F0 I" I.A. 1 . 8" )MR LIO I ' SLIME I I f 1 . ENTERPRISE PETRO 5,�+ sS 0 ,+ 3 !l R fL FL I, Horacia Oliveira, a Registered Professional Land PIPELINE F $ a N 1 N oo a7'34 w 1120.89' I R W TRACT 3 ' I I +�\ 1 i I LIGHT LANE POW OF BEGMNING— > o N 3 91.36 AC. VOLUME 1, PAGES 48 d 49 8 �,'�' PROP EASWEOiff 2 Z MISCELLANEOUS MAP RECORDS � I I I I \ ate - �e . This the q " da of sot z. NUECES COUNTY, TEXAS . j� �I; W NW bAAA i +Hf4HFHH1fi RAIL ROAD CRACKS — PIPE — UNDERGROUND PIPELINE CLERKS FILE NO. 320003 .. — EAS — EASEMENT LINE NUMBER 485464 OTG5C, FEMA MAP EFFECTIVE DATE OF JULY 1s, 19eS, VOLUME 501, PAGE 228 O.R.N.C.T. 'd b 1416 v �• •q R � M.R.N.C.T. D • V� ,.R. MAP RECORDS, NUECES COUNTY. TEXAS IRON ROD I m I N L M M ID W 1n in N nm �N St Of Texas BtJR F0 I" I.A. County of Nueces _ I.P. IRON PIN 'SW CORNER TRACT 5 91.36 AC. 1RACT : �� I, Horacia Oliveira, a Registered Professional Land fD FOUND Surveyor, of LW 1ne. do hereby certify that the S.L. BUILDING LINE R foregoing map was prepared from information of record and from a survey made on the ground under my Act ABOVE GROUND LEVEL N OTES: direction. —PL— PROPERTY LINE THIS MAP TO ACCOMPANY FIELD NOTE 2 Z DESCRIPTIaH — RO1't— RIGHT OF WAY — W SOURCE OF BEARING -TEXAS STATE PLANE TEXAS SOUTH ZONE - 4205 -NAD 83 �e . This the q " da of sot z. �- SECTION LINE .v "�- t.^�- . -..:� f +Hf4HFHH1fi RAIL ROAD CRACKS — PIPE — UNDERGROUND PIPELINE BY GRAPHIC PLOTTING ONLY, THIS PROPERTY S IN ZONES 'Al. B & C' ON FLOOD INSURANCE RATE MAP, COMMUNITY PANEL — EAS — EASEMENT LINE NUMBER 485464 OTG5C, FEMA MAP EFFECTIVE DATE OF JULY 1s, 19eS, Horatio Oliveiro Stale of Texas License No. 1415 --------- LIGHT LANE • PARCEL 3 = 614,31s.12 So FT., 14.10 AC. EXH1131T OF MAXIMUM PERMITTING BUILDING HEIGHT ABOVE GROUND LEVEL PARCEL NO. 3 AREA - 614.318.12 SO. FT. 14.10 AC. REFERENCES: 91.36 ACRES, TRACT 2 VOLUME 1, PAGES 48 & 49 MISCELLANEOUS MAP RECORDS, NUECES COUNTY, TEXAS CLERKS FILE NO, 320003 VOLUME 501, PACE 228, D.R.N,C.T. O igg 300 400 DATE. MAY 2012 MW DRAWN 8Y; ORB engineers I architects I contractors CHECKED BY; DO jESM p:w"`^"" � JOB N0. 110205 n � R 3� S W 2 Z LFJ Q a ` EXH1131T OF MAXIMUM PERMITTING BUILDING HEIGHT ABOVE GROUND LEVEL PARCEL NO. 3 AREA - 614.318.12 SO. FT. 14.10 AC. REFERENCES: 91.36 ACRES, TRACT 2 VOLUME 1, PAGES 48 & 49 MISCELLANEOUS MAP RECORDS, NUECES COUNTY, TEXAS CLERKS FILE NO, 320003 VOLUME 501, PACE 228, D.R.N,C.T. O igg 300 400 DATE. MAY 2012 MW DRAWN 8Y; ORB engineers I architects I contractors CHECKED BY; DO jESM p:w"`^"" � JOB N0. 110205 �� 2 � 12 �� 7 4 �� 1 � Poses 7 07/19/2012 12:18PM Official Records of NUECES COUNTY DIANA T. BARKERA COUNTY CLERK Fees $39.00 City QfCorpus Christi Dept. of Engineering Servi P roper t y and Land Acquisition P.0. Box Q277 Corpus Christi, TX 78469-9277 Any orovisionherm{n which restricts the Sole, Rental or use of the described REAL PROPERTY because of Race, Color, Reliyion, Sexy Hoodicon, Familial Status, or National Oriain is invalid and unenforceable under FEDERAL LAW, 3/12/89. STATE OF TEXAS COUNTY OF NUEC[S I herebm certify that this instrument was FILED in file number senuence on the dote and at the time stnmned herein hy mo, and was duly RECORDED in the Official Public Records of wueces County, Texas Diana T. Borrero