HomeMy WebLinkAboutC2013-104 - 3/20/2013 - NAAVIGATION AND HAZARD EASEMENT
WHEREAS,
William R. Scogin, Individually and as Independent Co- Executor of the Estate of
Aurelia Scogin, Deceased, (owning a 23.75% undivided interest)
5702 Oso Parkway
Corpus Christi, Texas 78414
Patricia Jean Scogin, Individually and as Independent Co- Executor of the Estate of
Aurelia Scogin, Deceased, (owning a 23.75% undivided interest)
3105 Oak Bend
Round Rock, Texas 78681
Phyllis Ann Troutman Hayes (owning a 23.75% undivided interest)
P. O. Box 783
Refugio, Texas 78377
Phillip Michael Troutman (owning a 23.75% undivided interest)
P. O. Box 231
George West, Texas 78022
Nathan E. White, Jr. (owning a 2.5% undivided interest)
P. O. Box 808
McKinney, Texas 75070 -0808
Thelma Smith White (owning a 2.5% undivided interest)
2621 Glenmore Dr.
Mesquite, Texas 75150
hereinafter, collectively called the "Grantor," are the owners in fee of that certain parcel of a .60
acre tract of land, more or less, out of a 4.44 -acre tract of land 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);
In addition, Grantor is the owner of an undivided interest in and to all of the oil, gas, and other
minerals in, under or that may be produced from said Grantors' property;
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
2013 -104
3120113
William R. Scogins et al INDEXED
• V I
i
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, together with all things which may be, alleged to be incident to or
resulting from the use and enjoyment of said easement, includes, but is not limited to 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 and any
and all other effects that may be alleged to be incident to or 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, fuel particles,
and all other effects that may be caused or may have been 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.
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 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 is identified in the attached Exhibit.
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 explore for or produce oil,
gas and other minerals, that breaks the Above Ground Level plane shown in Exhibit B, 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. Grantors furthermore indemnify Grantee and hold Grantee harmless
from all damages and claims for damages caused or alleged to be caused by or incidental to such
activities.
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.
COUNTERPARTS: Multiple original copies of this AVIGATION AND HAZARD
EASEMENT may be executed, and the execution of this easement may be through the execution
by the parties of separate counterparts. All of the original copies of this easement together shall
constitute one agreement, binding on all of the parties hereto notwithstanding that the parties
hereto may or may not be signatories to the same counterpart. Each of the undersigned parties
authorizes the assembly of one or more original copies of this easement, such that each such
original copy of this easement shall consist of (i) the body of this easement and (ii) counterpart
signature pages and acknowledgment pages which collectively include all of the signatures and
acknowledgments of the parties hereto. Each such easement shall constitute one original of this
easement.
GRANTOR
WITNESS WHEREOF, the Grantor has hereunto set their hands and seals this day of
2 , 2013.
1 a a
William R. Scogn
Independent Co- Executor of the
y and as
of Aurelia Scogin, Deceased
GI Q 1 0 [1111*1 1119 "u 110001
STATE OF TEXAS §
COUNTY OF NUECES §
BE IT REMEMBERED, that on this Z' day of �' �� , 2013, before me the
undersigned, a Notary Public in and for the County and State aforesaid, came William R. Scogin,
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.
Z��/
Notary Public
My commission expires
(9 ALAN CANINE
My Commission Expires
December 31, 2016
r '
GRANTOR
IN WITNESS WHEREOF, the Grantor has hereunto set their hands and seals this day of
:�;, lr�. ,2013.
Pa ' 'a Jean Sc gin, Ind A ally and as
Independent Co xecutor the Estate of Aurelia Scogin, Deceased
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF - RAV 15 §
BE IT REMEMBERED, that on this 1$ day of MA O , 2013, before me the
undersigned, a Notary Public in and for the County and State aforesaid, carne Patricia Jean
Scogin, 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.
� AN � N � A R R M
. le: ""�T ���7fv10
Notary Public JULY 14��6 9
My commission expires JUL`f 1 6 1 at)(6
GRANTOR
IN WITNE S WHEREOF, the Grantor has hereunto set their hands and seals this day of
C.r , 2013.
Phyllis Arin Troutman Hayes
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF 9 G S r
BE IT REMEMBERED, that on this f: M day of �AJA t� e A , 2013, before me the
undersigned, a Notary Public in and for the County and State aforesaid, came Phyllis Ann
Troutman Hayes, 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
Notary Public
My commission expires A PARKER ntynto
Notary Public
State of Texas
Comm. Expires 08 .31.2016 N' .
:l�OT7
IN WITNESS WHEREOF, the Grantor has hereunto set their hands and seals this day of
'i of -z'4 S , 2013.
Phillip Michael Troutman
ACKNOWLEDGEMENT
STATE OF TEXAS
COUNTY OF L —j 4 Dt4 §
BE IT REMEMBERED, that on this 4� 4-zj day of l y i 4 1W- 1 k , 2013, before me the
undersigned, a Notary Public in and for the County and State aforesaid, came Phillip Michael
Troutman, 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.
SDCOX
qb N OTARY PUBLIC
Sfeb or Texas
Notary Public Comm. Exp. 07/16/2
My commission expires 3 io-6 ) �) *D-013
GRANTOR
IN WITNESS WHEREOF, the Grantor has hereunto set their hands and seals this day of
s�rcl✓ , 2013.
STATE OF TEXAS §
COUNTY OF �C I 1 ; 0 §
Nathan E. White, Jr.
ACKNOWLEDGEMENT
BE IT REMEMBERED, that on this t-�H day of MGrrc-K , 2013, before me the
undersigned, a Notary Public in and for the County and State aforesaid, came Nathan E. White,
Jr., 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.
Notary Public
PATRICIA SERIO
Notary Public
State of Texas
Comm. 001M 45- 37.2015
My commission expires (S L] - C: I S
GRANTOR
IN WITNESS WHEREOF, the Grantor has hereunto set their hands and seals this day of
iz , 2013.
Thelma Smith White W
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF §
BE IT REMEMBERED, that on this ra Tg day of mAR , 2013, before me the
undersigned, a Notary Public in and for the County and State aforesaid, came Thelma Smith
White, 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.
Notary Public
My yommission expires _
I TRACY HAUCK
tary Public, State of Texas
y y Commission Expires
or March 16, 201
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GRANTEE:
CITY OF CORPUS CHRISTI, TEXAS
P. O. Box 9277
City Hail, 1201 Leopard, THIRD FLOOR
Department of Engineering Services
PROPERTY AND LAND ACQUISITION DIVISION
Corpus Christi, Texas 78469 -9277
By:
Daniel Biles, P.E., Director
Department of the Engineering Services
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on (h , 2013 by Daniel Biles, P.E.,
as Director of Engineering Services of the City of Corpus Christi, Texas, a Texas municipal
corporation, on behalf of said corporation.
Notary Public in and for the State of texas
=MAF[THA IA QUIROZ 1� EXPIRE: 2618 __J
APPROVED AS TO LEGAL FORM, THIS DAY OF m �� - , 2013.
FOR THE CITY ATTORNEY
By:
Charlotte Y , Assistant City Attorney
CIT GAL DEPARTMENT
J:1GEN\Runway Extension_Scogin Eta11CCIA Runway Extension_Scogin Eta]_2- 25- 13.Doc
h
lLIt1V, Inc.
801 Navigation Blvd., Suite 200
Corpus Christi. Texas 78408
Field Note Description for a 0.60 acre tract of land, more or less, out of a called 4.44 -acre tract of land described in a
deed to J.J. & J.L. Scogins, et al as recorded in Volume 310, Page 182, Deed Records of Nueces County, Texas, and
being more particularly described by metes and bounds as follows:
COMMENCING at a 518" iron rod with plastic cap stamped "Hayden" found for the southwest corner of said 4.44 -
acre tract, the southeast corner of a 4.81 -acre tract described in a deed to Mineral Processing & Marketing, Inc. as
recorded in Document #2007055084, Deed Records, Nueces County, Texas and in the north right- line of the
Texas Mexican Railroad (100' wide r.o.w.);
Thence North 88 3g' -27" East, with the south boundary line of said 4.44 -acre tract and said T.M.R.R. north right -of-
way line, a distance of 495.33 feet to a point for the west corner of the tract herein described and for the POINT OF
BEGINNING;
Thence North 45 °- 21'40" East, across said 4.44 -acre tract, a distance of 251.21 feet to a point for the north corner of
the tract herein described;
Thence South 36 0 46' -19" East, a distance of 208.85 feet to a point on the common boundary line of said 4.44 -acre
tract and said T.M.R.R. north right -of -way line for the east corner of the tract herein described;
Thence South 88 °- 31' -27" West, along said common boundary line, a distance of 301.93 feet to a point for the west
corner of the herein described tract and for the POINT OF BEGINNING.
Containing more or less 0.60 (29,136 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 It d day of )VA2VAjfi4 2012.
%
I& -, -1 � I
Horne!* Oliveira
State of Texas License No. 1415
or
HORAft dc,VEIR
1415
��
Exhibit "A"
8 A
EP
5. A VINE AL PROCES.-111N
V� ca
FE"O"'CRY ��-P V-ARKEJUG
I I I I RAi- Fil 0 C 20 �89
GS
V A R 1 L T I N1 F ,
0Y 0. R. N C
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SCALE: 1"=100 Doc"1 20 7C, FIND I I-P. F
VJ. D. F', R X
4.44 AC
0
7f' 1EXAS SCOGINS JJ & JL ETAL %A
v VOL. 310 PG. 182
0. R. N. C.T.
<
1p,
POINT OF
BEGINNING
LR 53"
1 7.
S
S 8931'27" W 301.92
NU 5
'A'/HA CAF N RAILROAD R.O.W.
100' TEXAS MEXICAN
EXHIBIT OF
MAXIMUM PERMITTING BUILDING
State of Texas HEIGHT ABOVE GROUND LEVEL
County of Nueces
NIZIM AREA=25,942.31 SQ. FT.
ioracio Oliveira, a Registered Professional Land
,urveyor, of LW Inc., do hereby certify that the Tmis mAP To AcCOmPAW FIELD NOTE W.D.-DAIN.C.T. WARRANTY DEED, DEED RECORDS,
0,60 AC.
foregoing map was prepared from information of record DESCRIPTION
NUIECCS COUNTY TX
and. from 0 survey made on the ground under my SOURCE OF BEARIING-TEXAS STATE PLANE REFERENCES.
direction and supervision. TT7LA5 SOUTH ZOW-4205-NAD 83 O.P-N.C.T. DEED RECORDS. NUECES COUNTY. TEXAS VOL. 310, PG. 182
25,942.31 SCI. FT., 0.60 A(-' D.R.N.C.T.
I.R. IRON ROD
'4h I.P. IRON PIN ISO 200
This the -!!Ldciy ofmaw"Bast -2on' FND FOUND IL!P—A
PROPERTY LIKE OATS: NOVEMBER 29, 2012
1415 EASEMENT LINE DRAWN BY. ORB
? 'z S00
CHECKED BY: DO
Horatio Oliveira pRoPOSSD PARCEL engineers architects &;ntractors
State of Texas License No. 1415 su
JOB NO 110205
Dmdt 2C.) 130 10541
�
pages 13
03/20/2013 11:27AM
Official Records of
NUECES COUNTY
DIANA T. BAKRERA
COUNTY CLERK
Fees $63"00
After recording, return to:
City of Corpus Christi
~
Property 8i Land Acquisition Division
P.O. Box gZ77
Corpus Christi, Texas 78469-9277
Any npoviaion herein which restricts the Sale,
Rental or use of the described
REAL PROPERTY because of Race, Color,
Reliyion, Sex, Handicap, Familial Status, or
National. Oriyin 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 dote and at the
time stumne6 herein bu mm, and was dulw RECORDED
in the Official Public Records of
Nueces County, Texas
Diana T. Borrero