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Home My WebLink AboutC2012-219 - 6/26/2012 - Approved/-4 I AVIGATIQN AND HAZARD EASEMENT Dc)-c�*V 2012027521 WHEREAS, David Eugene Burnham, 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 -219 6126112 M2012 -116 David Eugene 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 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 nd seals this day of ACKNOWLEDGEMENT STATE OF MINNESOTA COUNTY OF RAMSEY N BE IT REMEMBERED, that on this day of , 2012, before me the undersigned, a Notary Public in and for the County an aforesaid, came David Eugene Burnham, 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 a Bove itte . LORENA AGUILAR N t Pub 'c NOTARY 88 ( R MY OTARYPUS COMMISSION E TIRES 01/31118 My commission expires i 3 t 0 GRANTEE: CITY OF CORPUS CHRISTI, TEXAS P. 0. Box 9277 City Hall, 1201 Leopard, THIRD FLOOR Department of Engineering Services PROPERTY AND LAND ACQUISITION DIVISION Corpus Christi, Texas 78469 -9277 (),A�- 77 0 . mL /,,, Ronald L. Olso , City Manager ATTEST: ARMANDO CHAPA, CITY SECRETARY THE STATE OF TEXAS § COUNTY OF NUECES § This instrur t w c cnowle( before me on 2012 by s Ci . for the City of orpus isti, a Texas municipal corporation, on behalf of said corporation. is in and for the Stall of Texas lrl�f ee,�� ``!!++ ``,, Thy ry tpi,� Y1 N IARE LCTiMA �y ±= STATE OF TEX Y Comm. Exp, 09. 20-2093 APPROVED AS TO LEGAL FORM, THIS 2012. DAY OF _ --- , FOR THE CITY ATTORNEY By: eA I- J Lisa AguiladAssistant City Attorney CITY LEGAL DEPARTMENT J:IGINAWGENICCIA.David Bumham.Revised 5- 23- 2012.doe 2 i , 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 91.35 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 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 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' -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 Iine 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 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 LN'V Inc., Engineers & Consultants, do hereby certify that the foregoing Field Note Description was prepared from information of record and from a survey shade on the ground under my direction, This the day of 2012. r State of Texas License No. 1415 wj4O VW66 d6VENR ��l9f ia$ Q��49 Exhibit "A" �Z SCALE: 11" -200' R P , ea � MM TRACT 2 W 91.36 AC. VOLUME 1. PAGES 48 & 49 MISCELLANEOUS MAP RECORDS NUECES CWNTY, TEXAS CLERKS FILE NO. 3200O3 V VOLUME 501, PAGE 228 to /I O.R.H.C.T. La ' z II m � a K � MM W Pl w n D .W r cL rL Z" TRACT 3 r oNZ 91.36 AC. VOLUME I, PAGES 48 & 49 LLJ zz MACELLANEous MAP RECORas NUEC ES COUNTY TEXAS r,(ZOA n VL CLERKS FILE N0. 320003 � A VOLUME SDI PAGE 228 D.R.N,C.T. 15 ..d State of Texas County of N Ueces I, Horacio Oliveira, a Registered Professional Land Surveyor, of LW Inc., do hereby certify that the foregoing map was prepared from information of record and from a survey made on the ground under my direction. This the q 7 — q doy of �e � 2012, ` . Horacio Oliveira Slate of Texas License No, 1419 --- M r� I K ----] PROP EASEMENT 3 s o7 , I o 1 � f f 3 2.89' I . II 4� PARCEL 14.1 ACRES I I � g/ SECTION UNE / I j � P • ¢� I If] � AIR LID SLIME I ENTERPROSf PET R0 PlPEUNE i N 00'47'34" W 1120,89' \ LIGHT LANE �$ POINT OF dEGBTNDKI i PROP EASEML f 4T m� W� M.R.N.C.T. MAP RECORDS, NUECES COUNTY, TEXAS R. IRON ROD FD 1" I.P. LP. IRON PIN SW CORNER TRACT 5 9 i.36 AC. TRACT FD FOUND ILL. BUILDING UNE - AGL ABOVE GROUND LEVEL NOTES: —PL— PROPERTY LINE THIS M T ACCOMPANY FIELD NOTE -- Row- ---- RIGHT OF WAY • SOURCE OF BEARING–TEXAS STATE PLANE — --- --- SECTION UNE TEXAS SOUTH ZONE - 4205 --HAD 83 *M 11 1111 1 11 RML ROAD TRACKS . BY GRAPHIC PLOTTING ONLY, THIS PROPERTY —PIPE— UNOERGROUNU PIPELINE 1S IN ZONES 'AI, B * C' ON FLOOD INSURANCE RATE MAP, COMMUNRY PANEL — EAS— EASEMENT LINE HUMBER 485464 01650. FEMA MAP EFFECTIVE DATE OF JULY 18, 1985, --------- LIGHT LANE PARCEL 3 A 614,318.12 SO. FF., 14.10 AC. 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, NUECES COUNTY, TEXAS CLERKS FILE NO. 320003 VOLUME 501, PAGE 228, D.R,N.C.T. . 0 200 300 400 DATE: MAY 2012 WW II` FCHHECKED N BY: ORB engineers I architects I contractors BY; 66 NO. 110205 � MM W x FL a � FL a F LLJ zz � A 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, NUECES COUNTY, TEXAS CLERKS FILE NO. 320003 VOLUME 501, PAGE 228, D.R,N.C.T. . 0 200 300 400 DATE: MAY 2012 WW II` FCHHECKED N BY: ORB engineers I architects I contractors BY; 66 NO. 110205 DocV' 20129327521 # Pages 7 07/19/2012 12:18PM Officiol Records of NUECES COUNTY DIANA T. BARRERA COUNTY CLERK Fees $39.00 City of Corpus Christi Dept. of Engineering Services Property and Land Acquisition Corpus Christi, TX 78469-9277 Any nrov|yian herein which restricts the Sole, Rental or use of the described REAL PROPERTY because of Race, Color, Religion, Sex, Handicap, Familial Stotos, or National Opiyin 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 senuence on the date and at the time stumoed herein by me, and was duly RECORDED in the Official Public Records of Nuwcey Countm, Texas Diana T. Borreru