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Home My WebLink AboutC2012-214 - 6/26/2012 - ApprovedI Dac: -� 2012027511 AVIGATION AND HAZARD EASEMENT WHEREAS, Kelley D. Cook, 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 -214 6126/12 M2012 -116 Kelley D. Cook 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 crcates 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 150/5300 -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 IN WITNESS WHEREOF, the Grantor has hereunto set their hands and seals this day of M !z!l 3® , 2012. tow Kelley D. C ok ACKNOWLEDGEMENT STATE OF ALABAMA COUNTY OF JEFFERSON § BE IT REMEMBERED, that on this 3D day of , 2012, before me the undersigned, a Notary Public in and for the County and State aforesaid, came Kelley D. Cook, 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. l y om '� /� - Nobly Public JAMES G. ALLAN 1VIy .. ?mission expires ALABAMA STATE AT LARGE TERM 08/29/2011 To 08/29/2015 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 Ronald L. Olson, Ci anager ATTEST: ARMANDO CHAPA, CITY SECRETARY THE STATE OF TEXAS § COUNTY OF NUECES § This instrw�ngnt w , gl before me on 2012 by as I ariager for the City of o us C ti, a Texas municipal corporation, on behalf of said corporation. APPROVED AS TO LEGAL FORM, THIS DAY OF , 2012. FOR THE CITY ATTORNEY By' 411� Lisa Aguilar, istant City Attorney CITY LEGAL DEPARTMENT SEN" JAGINAWGENICCIA.Kelly Cook.Revised 5- 23- 2012.doc M LNV, Inc. Bat ,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 I, Pages 48 -49, Miscellaneous Map Records of Nrieces 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 southvest 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 I" iron pipe found for the southwest corner of Tract 5 of said partition bears South 88 -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 of 1120.89 feet to a point for the northwest corner of the tract herein described; Thence North 88 0 ,39' -16" East, a distance of 626.84 feet to a point for the northeast corner of the tract herein described; Thence South 0741' -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 coirtmon 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 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 q7' day of 2012. i c io O ve ra 4 State of Texas License No. 1415 H a OLIVEIRA .00 1415 Exhibit "A" ® SCALE: 1"=200' a O QF far J O V r s W V Z R PL ti Lv Fi R PL L Phi I � PROP EASEMENT I S OT1f't17" w i 1 ; X W TRACT 2 m 91.38 AC, VOLUME 1. PACES 48 do 4 ' -, ' a ,i CE f L + 3 MISCELLANEOUS MAP RECORDS 1 4.1 O ACRES Ia - NUECES COUNTY, TEXAS I o I I J/ SECTION LINE a = CLERKS FILE No. 320003 - (n VOLUME 561, PAGE 228 10 ' Ip 'v/ I� N S W v IM I ii/ Q a^ SUNE Ua R LL FL I TRACT 3 IRON ROD 91.36 AC. .r �PtQia A VOLOW 1, PACES 48 & 49 �.• a� iISCELLANEOUS MAP RECORDS NUECES COUNTY, TEXAS � N( RAW CLERKS fILE No. 320003 ABOVE GROUND LEVEL VOLUME 501, PAGE 229 •'o 1415 D.R.N,C,T. �w�_O.---- 1 State of Texas County of Nueces 1, Horooio Oliveira, a Registered Professional Land Surveyor, of LNV Inc., d0 hereby certify that the foregoing map was prepared from information of record and from o survey made on the ground under my direction. This the g� day of 2012. Horocio Oliveira State of Texas License No. 1415 N 00'47'34" W 1120,8 I I 1 / 1 LIGHT LANE IPC i l / £ NT OF BEGNi6;Na PROP EASEMENT T n N M.R.N.C.T. MAP RECORDS. NUECES COUNTY, TEXAS E. R. IRON ROD 1.P, IRON PIN FD FOUND B.L. BUILDING LINE ACL ABOVE GROUND LEVEL —pL— PROPERTY LINE — RG1v — RIGHT OF WAY — --- --- SECTION LINE +H11N RAIL ROAD TRACKS —PIPE— UNDERGROUND PIPELINE —EAS— EASEMENT LINE --------- LIGHT LANE FD I" I.P. SW CORNER TRACT 5 91.36 AC. TRACT f.S<' THIS MAP TO ACCOMPANY FIELD NOTE DESCRIPTION SOURCE OF BEARING -TEXAS STATE PLANE TEXAS SOUTH ZONE - 4205 -NAD 83 • BY GRAPHIC PLOTTING ONLY, THIS PROPERTY IS IN ZONES 'Al. B & C• ON FLOOD INSURANCE RATE MAP, COMMUNITY PANEL NUMBER 485464 01650, fEMA MAP ET'F'ECTWE DATE OF JULY 1B, 1985, • PARCEL 3 - 614,318.12 SR FT., 14.10 AC. EXHIBIT OF MAXIMUM PERMITTING BUILDING HEIGHT ABOVE GROUND LEVEL PARCEL NO. 3 AREA =f 14,318.12 SQ. 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. 0 300 400 DATE: MAY 2012 Mkv DRAWN 0Y; ORB engineers I architects I contractors CHECKED BY. DO r- - JOB No. 110205 Doc' 2 Co 12 03 27 5 11 # Puses 7 07/19/2012 12:18PM Officiol Records of NUEC2S COUNTY DIANA T. BARRERA COUNTY CLERK Fees $39.00 C/ Ci of Corpus Christi Dept. of Engi Se Property and Land Acquisition p'0'Box 9277 Corpus Christi, TX 78469-9277 Any prov{sioo herein which restricts the Sole, Rental or use of the described HEAL PROPERTY because of Race, Color, Reliaioo, Sex, Handicap, Familial Status? ur National Origin is invalid and unenforceable under FEDERAL LAW, 3/12/89. STAJE OF TEXAS COUNTY OF NUECEG I hereby certify that this instrument was FILED in f{le number senuencm on the dote and at the time stomped herein by ma, and was duly RECORDED in the Official Public Records of Nueces Countu, Texas Diana T. Borpero �