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Home My WebLink AboutC2012-264 - 6/26/2012 - ApprovedAVIGATION AND HAZARD EASEMENT WHEREAS, George David Wilson, 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 -264 6126112 M2012 -116 George David Wilson INDEX5D 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 IN FITNESS WHEREOF, the Grantor has hereunto set their hands and seals this day of .• / , 2012. n A:,By: W\W (signaturyA Print Name: \-0v Ate. �,Drc��Y Print Title: D-P � ON , R 4o ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF LOS ANGELES E 2. BE IT REMEMBERED, that on this day of , 2012, before me the undersigned, a Notary Public in and for the unty and State aforesaid, came as Deputy ub is Conservator on behalf of George David Wilson, who is personally known to m o be the same person who executed the within instrument of writing and such perso4,kly acknowledged the execution of the same. IN WITNESS WHEREOF, h hereunto set my hand and affixed my seal the day and year last above written. Notary Public My commission expires 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 o -77 TY7 _ Ronald L. Olson, City ager 3 1 5 v-- v CS.s�'g fc - --;Il ]y!lz;'r1$ ']S ' a. S,F's S;'�� "1c ir.�vz�.; 5; . -�� .!.�a';s�.•;' !.i �v i .',r •'�,�s�'c : ��` -�i :.. 9 State of California County of LOS ANGELES On JULY 13, 2012 before me, ROSITA GUTIERREZ, NOTARY PUBLIC Date Here Insert Name and Title of the OffFcsr personally appeared CONNIE D. DRAXLER 0 Ili GU IE 1 Commission 1934759 Notary Public - California Los Angeles County Co res Ma 29 15 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person($) whose named isfafe subscribed to the within instrument and acknowledged to me that he /sheer executed the same in kis/her#t& authorized capacity(ioe), and that by Walher:Aha r signature(o) on the instrument the person(p), or the entity Upon behalf of which the person(p) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my h -f and fficia se Signature Signature of Notary Public OPTIONAL Though the Information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reaftachment of this form to another document. Description of Attached Document Title or Type of Document: AVIGATION AND HAZARD EASEMENT PROJECT #E11046 Document Date: MAY 25, 2012 Number of Pages: SEVEN Signer( Other Than Named Above: NO OTHER SIGNERS Capacity(ies) Claimed by Signer(s) .- Signer's Name: CONNIE D. DRAXLER Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer — Titfe(s): ❑ Corporate Officer-- Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Attorney in Fact ❑ Trustee Top of thumb here Top of thumb here ❑ Trustee W Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: ESTATE OF GEORGE DAVID WILSON ®2007 National Notary Association • 9350 De Soto Ave., PO. Box 2402 •Chatmv0db, CA 91313 -2402 • WWw.NatienalNotary.org Item ft5907 Reorder -Call Toll -Free l -8W. 876 -6827 ATTEST: ARMANDO CHAPA, CITY SECRETARY THE STATE OF TEXAS § COUNTY OF NUECES § This t eI t before me on 201 �wledged sAIR-tion. ' anager for the City of rpus Christi, a Texas municipal corporation, on behalf of said 'No tary Public in and for th t e of Texas [Seal] NNIN • ' � EUSEBIO eARZPy ill : MY COMMISSION EXPIRES February 14,20n APPROVED AS TO LEGAL FORM, THIS 2012. # sr - DAY OF FOR THE CITY ATTORNEY B .vY► -� Lisa Aguilar, Wssistant City Attorney CITY LEGAL DEPARTMENT " OWNCIL. 12, Eva JAGINAIGENICCIA.George Wilson.Revised.doc 0 LNV, Inc. 801 Navigation Blvd., Suite 200 Corpus Christ!, Texas 78408 Field Note Description for a 1400 acre tract of land, more or less, out of a tailed 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 %vhich a 1" iron pipe found for the southwest corner of Tract 5 of said partition bears South 88 °- 34' -5I" 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 1 -39' -16" East, a distance of 626.84 feet to a point for the northeast corner of the tract herein described; Thence South 07 0 41' -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 469.61 feet to a paint 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 I, 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 97 day of ! 2012. aclo O ve ra State of Texas License No. 14 15 rK , R 4�iA HORACi0 OLIVEIRA Exhibit "A" ® L K P P z SCALE: 1'=200' R R R P i PL PROP EASEUENT 3 5 07'11'07" W f 132.89' Horacio Oliveira State of Texas License No. 1415 14. 3 I 1 I I I i I I ro r iN M It a � T 8" AIR UO SLINE ; I I EMERPRISE PETRO 1 PIPELINE N 00 w 1120.89' 1 1 LIGHT LANE i POINT OF 9EGMNIHO i PROP EASEMENT ✓/ L T I I 3 to M.R.N.C.T. AMP RECORDS, NUECES couNTY, TEXAS I.R. IRON ROD FD 1" I.P. I.P. IRON PIN Sri CORNER TRACT 5 91.36 AC. TRACT FD FOUND B.L. BUILDING LINE AGL ABOVE GROUND LEVEL - NOTES: —PL PROPERTY UNE THIS MAP TO ACCOMPANY FIELD NOTE DESCRIPTION —ROW— RIGHT OF WAY • SOURCE OF BEARING -TEXAS STATE PLANE -- — — SECTION LINE TEXAS SOUTH ZONE -4205 -HAD 83 +U+i "r..,rH;i- RAIL ROAD TRACKS BY GRAPHIC PLOTNNG ONLY, THIS PROPERTY —PIPE— UNDERGROUND PIPELINE IS IN ZONE$ 'Al. B & C' ON FLOOD INSURANCE RATE MAP, COMMUNITY PANEL — EAS-- EASEMENT LINE NUMBER 485464 0185C, FEMA MAP EFFECTIVE DATE OF JULY 18, 1985. ----- -- LIGHT LANE PARCEL 3 - Br4,318.12 S0. FT., 14.16 AC. Z ;U {b W r TRACT 2 m 91.36 AC. u, � VOLUME 1. PAGES 48 & 49 .a MISCELLANEOUS MAP RECORDS I NUECES COUNTY, TEXAS ' a CLERKS FILE NO. 320003 L �� R �- R VOLUME 501, PAGE 228 TRACT 3 2 � o A 91.36 AC. Horacio Oliveira State of Texas License No. 1415 14. 3 I 1 I I I i I I ro r iN M It a � T 8" AIR UO SLINE ; I I EMERPRISE PETRO 1 PIPELINE N 00 w 1120.89' 1 1 LIGHT LANE i POINT OF 9EGMNIHO i PROP EASEMENT ✓/ L T I I 3 to M.R.N.C.T. AMP RECORDS, NUECES couNTY, TEXAS I.R. IRON ROD FD 1" I.P. I.P. IRON PIN Sri CORNER TRACT 5 91.36 AC. TRACT FD FOUND B.L. BUILDING LINE AGL ABOVE GROUND LEVEL - NOTES: —PL PROPERTY UNE THIS MAP TO ACCOMPANY FIELD NOTE DESCRIPTION —ROW— RIGHT OF WAY • SOURCE OF BEARING -TEXAS STATE PLANE -- — — SECTION LINE TEXAS SOUTH ZONE -4205 -HAD 83 +U+i "r..,rH;i- RAIL ROAD TRACKS BY GRAPHIC PLOTNNG ONLY, THIS PROPERTY —PIPE— UNDERGROUND PIPELINE IS IN ZONE$ 'Al. B & C' ON FLOOD INSURANCE RATE MAP, COMMUNITY PANEL — EAS-- EASEMENT LINE NUMBER 485464 0185C, FEMA MAP EFFECTIVE DATE OF JULY 18, 1985. ----- -- LIGHT LANE PARCEL 3 - Br4,318.12 S0. FT., 14.16 AC. Z ;U W r � •, z � � J Pl h s, fy W fL L �� R �- R } � TRACT 3 2 � o A 91.36 AC. z� r� F VOLUME 1. PAGES 48 & 49 � 4 • MISCELLANEOUS MAP RECORDS NUECES COUNTY, TEXAS ' ,�4 WNW OLi1�II CLERKS FILE NO. 320003 VOLUME 501, PAGE 228 .. e - - q . . 1415 - D.R.N.C.T O #''C �A 8lIIiV�� , State of Texas County of Nuscea I, Horacio Oliveira, a Registered Professional Land Surveyor, of LW ]no,. 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 g day of2012. Horacio Oliveira State of Texas License No. 1415 14. 3 I 1 I I I i I I ro r iN M It a � T 8" AIR UO SLINE ; I I EMERPRISE PETRO 1 PIPELINE N 00 w 1120.89' 1 1 LIGHT LANE i POINT OF 9EGMNIHO i PROP EASEMENT ✓/ L T I I 3 to M.R.N.C.T. AMP RECORDS, NUECES couNTY, TEXAS I.R. IRON ROD FD 1" I.P. I.P. IRON PIN Sri CORNER TRACT 5 91.36 AC. TRACT FD FOUND B.L. BUILDING LINE AGL ABOVE GROUND LEVEL - NOTES: —PL PROPERTY UNE THIS MAP TO ACCOMPANY FIELD NOTE DESCRIPTION —ROW— RIGHT OF WAY • SOURCE OF BEARING -TEXAS STATE PLANE -- — — SECTION LINE TEXAS SOUTH ZONE -4205 -HAD 83 +U+i "r..,rH;i- RAIL ROAD TRACKS BY GRAPHIC PLOTNNG ONLY, THIS PROPERTY —PIPE— UNDERGROUND PIPELINE IS IN ZONE$ 'Al. B & C' ON FLOOD INSURANCE RATE MAP, COMMUNITY PANEL — EAS-- EASEMENT LINE NUMBER 485464 0185C, FEMA MAP EFFECTIVE DATE OF JULY 18, 1985. ----- -- LIGHT LANE PARCEL 3 - Br4,318.12 S0. FT., 14.16 AC. EXHIBIT OF MAXIMUM PERMITTING BUILDING HEIGHT ABOVE GROUND LEVEL PARCEL NO. 3 AREA =61 4,316.12 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. O 2 300 400 DATE: MAY 2012 lkv"V BRAWN BY ORB engineers I architects I co�n�trrgctors CHECKED BY: DO ' :.T ' JOB NO. 110205 � MM W r � � fy W R �- .} ry L �� R �- R } � 2 � z� r� F � 4 EXHIBIT OF MAXIMUM PERMITTING BUILDING HEIGHT ABOVE GROUND LEVEL PARCEL NO. 3 AREA =61 4,316.12 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. O 2 300 400 DATE: MAY 2012 lkv"V BRAWN BY ORB engineers I architects I co�n�trrgctors CHECKED BY: DO ' :.T ' JOB NO. 110205 / . City of Corpus Christ Dept. OfEngineering Services Property and Land Acquisition P.0. Box Q277 Corpus Christi, TX 78469-9277 �Poyes8 O8/07/2012 3:59PM Official Recm`ds of NUECE8 COUNTY DIANA T. BAKRERA COUNTY CLERK Fees $43.00 Any *rovision herein which restricts the Sole, Rental or use of the described REAL PROPERTY because of Roce, Color, Relioion, Sex, H(mndi car) , R iliol Stotusr or Hat ionol Oriyin is involid and unenforceoble under FEDERAL LAW, 3/12/89. STATE OF TEXAS COUNTY OF NUECES I hereby cerhify that this instrument was FILED in file number senuence on the date and it.: the time stomned herein by me, and was du1y RECORDED in the OfficioI Public Records a Nueces County, Texos Diono T. Borrero �