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Home My WebLink AboutC2012-210 - 6/26/2012 - ApprovedCA AVIGATION AND HAZARD EASEMENT WHEREAS, James Fred Ogburn, hereinafter called the "Grantor," is the owner, of an undivided 11.04 acres, more or less, out of the 143.56 acre tract out of Tracts 1 and 2' of the 456.80 V.M. Donigan Partition 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); 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, includes 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 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, and fuel particles 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 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. 2012 -210 6126112 M2012 -116 James Fred Ogburn INDEXED 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 avigation easement, which creates a 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, contained within the avigation easement, is identified in the attached Exhibits "A" and "B ". 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 transport, explore for or produce oil, gas and other minerals, that breaks the plane following the Above Ground Level as described in Exhibit A 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. 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. 2 I IN _WI NES WHEREOF, the Grantor has hereunto set their hands and seals this day of S 2 , , 2012. Jams Fred Ogburn ACKNOWLEDGEMENT STATE OF ALABAMA COUNTY OF BE IT REMEMBERED, that on this 3� s day of , 2012, before me the undersigned, a Notary Public in and for the County and St to aforesaid, came James Fred Ogburn, 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. 11 . alic My Commission Expires ably corpmission expires Aug E1St 29 2015 " 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 0,,' W Y) / 7 A - --Z' �;' Ronald L. Olson, Cit Manager ATTEST: ARMANDO CHAPA, CITY SECRETARY �& 1r) 1 L AViHiiMIW- M- 0%1-C4_ ti' -�1"WTA it? r r THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknav ed before me on LAA- 1 2012 by ityy Manager for the Cit of Corp Christi, a Texas municipal corporation F. o ai o ation c Notary Public and for the State of exas MONIQUE'TAMEZLERMA 0 r• a.. Notary Public STATE OF TEXAS s '�r�aFYE+�y My Comm. Exp. Ot- 24-2013 APPROVED AS TO LEGAL FORM, THIS 2012. T1 DAY OF , FOR THE CITY ATTORNEY By: Lisa Aguilar, Wssistant City Attorney CITY LEGAL DEPARTMENT JAGINAMIGENICC1A.James Ogbum,Revised 5- 23- 2012.doc L, LNV, Inc. 801 Navigation Blvd., Suite 200 Corpus Christi, Texas 78408 Field 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 48 - 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 comer 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 88c -34'-51" West, 2188.29 feet; Thence North 00 47'34" West, with the common boundary line of said Tract 2 and sald Tract 3, a distance of 1120.89 feet to a point for the northwest corner of the tract herein described; Thence North 88 -16 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 common 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 casement 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 o €Nueces 1, Horaeio Oliveira, a Registered Professional band Surveyor, of LNV Inc., 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 A 2032. ratio O rveira + State of Texas License No. 1415 ,tR • eis1' &q• I RA l0 OLIVEIRA 1415 t+�• - - -�dRV Exhibit "A" � t � R Z ft _ FL h R pl PL ➢ R F h f PROP EASEMENT ' r S 07 07• I l I w 1 fsz.as' :� i I co TRACT 2 m 91.36 AC. I 3 FL �~ a VOLUME 1, PAGES 46 & 49 MISCELLANEOUS `� 4 PAR 3 0) h MAP RECORDS NUECES COUHIY, TEXAS a 1 4.1 a ACRES CLERKS FILE NO. 3200p3 VOLUME 5Qi, PACE 228 to I ' ^ to I ' � SECTION LINE m ��/ � 1n Ld CO a I I r 9 t 6 Ln _ Q w z : 6' AIR UQV41 K) 60 LLI Y I I ENTERPRISE PETRD i [] O PL PIPELINE N 00'47'34" W 1120.89' I Z s 3 TRACT 3 I I� 00,117 LANE > o Z 91.36 AC. y �. �►� pilf + �; i PROP EASEMEiT POINT OF & GRNIN YCLUME 1, PAGES 48 & A9 I.IISCELLANEOUS 4•�' I — . �. \. IMP RECORDS NUECES COUNTY, .��•(� b� n �y� �� r CLERKS FILE N0. 320003 2000 MClV ' WEIRA • • mN X U EXH�B�� O� VOLUME 501, PAGE 226 D.RN.c.T. 49 1415 �� E9�pp�se►p'hQ• M.R.H.c.T. MAP RECORDS, NUECES COUNTY, TEXAS MAXIMUM PERMITTING BUILDING O$t1R� I.R. IRON ROD HEIGHT ABOVE GROUND LEVEL State o f Tame FO I" LIP, S5'! CORNER TRACT 5 - PARCEL NO. 3 County of Nueces , P IRON PIN 91.36 AC. MCI AREA= 614,318.12 SQ. FT. • I, Horacio Oliveira, n Registered Professional Land FD FOUND 14.10 AC. Surveyor, of LW Inc., do hereby certify that the O.L. BUILDING LANE foregoing map was prepared from information of record REFERENCES: 91.36 ACRES, TRACT 2 and from o survey made on the ground under my Art AEWYE GROUND LEVEL NOTES: VOLUME 1, PAGES 48 & 49 direction. — PROPERTY LINE : T HLS MAP 10 aceDAmANY FIELD NOTE MISCELLANEOUS MAP RECORDS, NUECES COUNTY, TEXAS XAS _ DESCRIPTION CLERKS FILE NO. 320003 l,L —ROYr— RIGHT' OF WAY . SOURCE OF BEARING -TEXtiS STATE PLANE VOLUME 501, PAGE 228, D.R.N.C•T. 7" This the g ' day of (. G� 2012. — — — SECTION LINE - TEXAS SOUTH ZONE - 4205 -NMI 83 O 34p 400 � ' 4 RAX. ROAD TRACKS BY GRAPHIC PLATTING ONLY, THIS PROPERTY i g — PIPE — UNOERGROUNO PIPELINE {S IN ZONES 'Ai, B * C' ON FLOOD LNSURANCE RATE IMP, COMMUNITY PANEL DATE: MAY 2012 ' — EAS— EASEMENT LINE d P 9 5464 DIM. FE� MAP EFFECTIVE _ ORAWN BY: ORD LNV Horacio Oliveira � .'._._ uOHT IaifE PARCEL 3 = 614,318.12 50. FT., 14.10 AC, State of Texas License No. 1415 engineers . arehltedS I Contractors CHECKED BY5 00 Doc' 29- � Poyes 7 07/19/2012 12:18PM Officiol Records of NUECGS COUNTY DIANA T. BARR[RA COUNTY CLERK Fees $39.00 �. ~~ . City of Corpus Christi Dept. of Engineering Services Property and Land Acquisition P.0.Box 9277 Corpus Christi, TX 78469-9277 Any Provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of Race, Color, Religion, Sex, Handicap, Fumiliul Status? or National Orioin is invalid and unenforceable tinder FEDERAL LAW, 3/12/89. STATE OF TEXAS COUNTY OF NUECEG I hereby cmctify thot this instrument was FILED in file number senuence on the dote and at the time stumned herein by me, and was duly RECORDED in the Official Public Records of Humcas County, Texas Diana T. Burrero A