HomeMy WebLinkAboutC2012-215 - 6/26/2012 - ApprovedR
AVIGATION AND HAZARD EASEMENT
D pi: - 2012027513
WHEREAS, Starla Leigh Burnham, Individually and as Personal Representative of the
Estate of Jeanette S. Burnham, deceased, hereinafter called the "Grantor," is the owner of an
undivided 3.68 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.
2012.215
6126112
M2012 -116
Starla Leigh Burnham
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 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
/ 6 , 2012.
Starla Leigh Burnham, Individually and as Personal Representative of the Estate of Jeanette S.
Burnham, deceased
ACKNOWLEDGEMENT
STATE OF ALABAMA §
COUNTY OF CALHOUN §
BE IT REMEMBERED, that on this day of : U fu L , 2012, before me the
undersigned, a Notary Public in and for the County and State aforesaid, came Starla Leigh
Burnham, Individually and as Personal Representative of the Estate of Jeanette S. Burnham,
deceased, 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
above wT i tten.
[I�
S
Notary Public
MY COMMISSION EXPIRES
AUGUST 4, 2013
My commission expires
7
,I Pi P GRANTEE:.
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! CITY OF CORPUS CHRISTI, TEXAS
P. O. Box 9277
r City Hall, 1201 Leopard, THIRD FLOOR
Department of Engineering Services
PROPERTY AND LAND ACQUISITION DIVISION
Corpus Christi, Texas 78469 -9277
Ronald L. Olson, City ManagVr
3
ATTEST:
ARMANDO CHAPA, CITY SECRETARY
THE STATE OF TEXAS §
COUNTY OF NUECES §
This ins ent r i1 0 N d before me on �'k-& A�
2012 by as Kan ager for the City of C Christ', a Texas municipal
corporation, on behalf of said corporation. n
MONIQUE TAMEZ LERMA N} tary Pubic in and for the
Notary Public
i'
OF T TEXAS
STATE
5•,� .•..,..••••.fie Comm, Exp. 01 -20 -2013
.,
APPROVED AS TO LEGAL FORM, THIS
2012.
�V
exas
DAY OF+�
FOR THE CITY ATTORNEY
By:
Lisa Aguilar,60sistant City Attorney
CITY LEGAL DEPARTMENT
J:IGINAMIGENICCIA.Starla Burnham.Revised 5- 23- 2012.doc
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SECWTAI
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 41.36 acre, tract of land
known as Tract 2 of the V.M. Donigan 456.86 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 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
V 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 of 1120.89 feet to a point for the northwest corner of the tract herein described;
Thence North 88 °- 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 1132.84 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 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 day of 2012.
a
�acloa
State of Texas License No. 1415
Exhibit "A"
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SCALE: 1' =200 W i e
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113 2.89' I
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TRACT 2
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91.36 AC.
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VOLUME 1. PAGES 48 k 48 �a P RCEL 3 i I
MIS MAP RECORDS
NUECE HI 14.10 ACRES <�
NUEC£S COUY, TEXAS � I �
CLEARS FILE No. 320003 SECTION LINE 1
VOLUME 501, RACE 228.
D,R,N.C.T.
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(� ASUNE I ENTERPRISE PETRO
PWELINE
p o I ( N 00 W 1120.89' ;
i 1:3 LIGRT LANE
s W TRACT 3 i � 36 AC Popow OF 9EGINNINO
91.. ,�1",� R�'� I PROP EASEMZi
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y VOLUME 1. PAGES 48 & 49 • I • �O•�
MISCEUANEOUS MAP
RECORDS Al
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NutcES couNn, TEXAS H$FTIICjO Q�IIIEIRA r
CLEPrKS FILE NO 320003 ,r r
VOLULIE 501. PAGE 229 • O • 141 b
D.R.N,C.T. �• 9Ap �de10 t M•R,N,C.T. MAP RECORDS, NUEGES COUNTY, TEXAS w
- G .
Q SURIJ I.R. IRON ROD EO I" I.A.
State o f Texas 3.P. IRON PIN SW CORNER TRACT 5
County of Nueces 91.38 AC. TRACT
I, Horatio Oliveira, a Registered Professions# Land FD FOUND
Surveyor, of LW Inc., do hereby certify that the B.L. BUILDING LINE
foregoing map was prepared from information of record AGL ABOVE GROUND: LEVEL NOTES:
and from a survey mode on the ground under my
direction. —pL— PROPERTY LINE. - THIS MAP TO ACCOMPANY FIELD NOTE
OESCAIPnoM
—Rovr— RIGHT OF WAY . SOURCE OF BEARING-TEXAS STATE PLANE
This the g "' day Of _ 2012. — —
— SECTION UNE TEXAS SOUTH ZONE - 4205 - HAD 83
�l I
*11i'l }HR+F RAIL ROAD TRACKS BY GRAPHIC PLOTTING ONLY, THIS PROPERTY
—PIPE— UNDERGROUND PIPELINE IS IN ZONES �A1, B & C' ON FLOOD
INSURANCE RATE MAP, COMMUNITY PANEL
— EAS— EASEMENT UNE NUMBER 485464 0165C, TEMA MAP EFFECTIVE
DATE OF JULY 16, 1965.
Horooio Oliveira- --.-._ LIGHT LANE • PARCEL 3 a 614,348,12 S0, FT., 14.50 AC.
State of Texas License No, 1415
EXHIBIT OF
MAXIMUM PERMITTING BUILDING
HEIGHT ABOVE GROUND LEVEL
PARCEL NO. 3
AREA- 614,318.12 SQ. FT.
14.10 AC.
REFERENCES: 91.36 ACRES, TRACT 2
VOLUME 1, PAGES 48 & 49
MISCELLANEOUS MAP RECORDS, NLIECES COUNTY, TEXAS
CLERKS FILE NO. 320003
VOLUME 501, PAGE 228, D.R,N.C.T-
Z110 300 400
DATE: MAY 2012
DRAWN 8Y: ORB
My
engineers I atchitects I co"n'trra}ctors CHECKED BY.- DO
EM 1
2 l— .,rru,ve r JOB NO, 110205
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EXHIBIT OF
MAXIMUM PERMITTING BUILDING
HEIGHT ABOVE GROUND LEVEL
PARCEL NO. 3
AREA- 614,318.12 SQ. FT.
14.10 AC.
REFERENCES: 91.36 ACRES, TRACT 2
VOLUME 1, PAGES 48 & 49
MISCELLANEOUS MAP RECORDS, NLIECES COUNTY, TEXAS
CLERKS FILE NO. 320003
VOLUME 501, PAGE 228, D.R,N.C.T-
Z110 300 400
DATE: MAY 2012
DRAWN 8Y: ORB
My
engineers I atchitects I co"n'trra}ctors CHECKED BY.- DO
EM 1
2 l— .,rru,ve r JOB NO, 110205
Doc#20 120.3275 - 1 ZT
� Puses 7
87/19/2012 12:18PM
Officiol Records of
NUE0EG COUNTY
DIANA T. BAZRE'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 nrovis{on herein which restricts the Sale,
Rental or use of the described
REAL PROPERTY because of Race? Color,
Reliaion, Sex, Handicap, Familial Status, or
National Origin is invalid and unenforceable
under FEDERAL LAW, 3/12/89.
STATE OF TEXAS
COUNTY OF NUECEG
I hereby certify that this instrument was FILED
in file number mmnuence on the date and at the
time shomned herein bu me, and was duly RECORDED
in the Official Public Records of
Nuecms County, Texas
Diana T. Borreru
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