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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 F �.A u ,r Y I � 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 J-' 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