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07-D Avigation Easements DRAFT f:attorney\resowrk\curent\ A vigation Easements. Acceptance Res December 5,2005 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AUTHORIZING THE APPROVAL AND ACCEPTANCE OF TWO A VIGATION EASEMENTS OVER PROPERTY BELONGING TO ERNEST M. NELSON, JR. AND COSTON INVESTMENT COMPANY, LTD. FOR FUTURE EXTENSIONS OF RUNWAYS AT COX FIELD AIRPORT IN PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Engineer has advised the City Council of the need for two A vigation Easements over property belonging to Ernest M. Nelson, Jr. and Coston Investment Company, Ltd. which will be necessary for possible expansion ofthe runways at Cox Field Airport in Paris, Texas; and, WHEREAS, the form of A vigation easements are shown on Exhibits A and B, attached hereto and made a part hereof; and, WHEREAS, the City Council finds that the above-described A vigation Easements are necessary for the future expansion of runways at the Cox Field Airport and that the same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the two Avigation Easements over property belonging to Ernest M. Nelson, Jr. and Coston Investment Company, Ltd. to be used for the future expansion of runways at Cox Field Airport in the form attached hereto as Exhibits A and B, be, and the same are hereby, approved and accepted. Section 3. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 9th day of January, 2006. Curtis Fendley, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: John D. Lestock, Assistant City Attorney h-"T. ... ~, A VIGATION EASEMENT STATE OF TEXAS ~ COUNTY OF LAMAR ~ WHEREAS, I, Ernest M. Nelson, Jr. of Lamar County, Texas, hereinafter called Grantor, is the owner of that certain parcel of land situated in the County of Lamar and State of Texas, more particularly described as follows: SITUATED in Lamar County, Texas, being part of a tract of land conveyed to E. M. Nelson by a deed recorded in Book 303, Page 539 of the Real Property Records of Lamar County, Texas; BEGINNING at the Southwest comer of said tract of land, said point also being the Southeast comer of a tract of land conveyed to Coston Investment Company, LTD by a deed recorded in Book 781, Page 008 of the Deed Records of Lamar County, Texas, said point also being in the North Boundary Line of Cox Field; lHENCE North a distance of 660.20 feet along the West Boundary Line of said Nelson tract and East Boundary Line of said Coston tract to a point; lHENCE North 88035'00" East a distance of 507.19 feet to a point; lHENCE South 7050'58" West a distance of 668.73 feet to a point in the South Boundary Line of said Nelson tract and North Boundary Line of Cox Field; lHENCE South 88035'00" West a distance of 415.83 feet along the South Boundary Line of said Nelson tract and North Boundary Line of Cox Field to the place of BEGINNING and containing 6.99 acres of land. NOW, THEREFORE, in consideration of the sum ofTEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration, receipt of sufficiency of which is hereby acknowledged, Grantor does hereby grant unto the CITY OF PARIS, Lamar county, Texas, a municipal corporation, hereinafter called Grantee, its successors and assigns, for the use and benefit of the public, an easement and right-of-way, appurtenant to Cox Field Airport, for the passage of all aircraft (" aircraft" being defined for the purposes of this instrument as any contrivance now known or hereafter invented, used, or designed for navigation of or flight in the air) by whomsoever owned and operated, in the air space above Grantor's EXHIBIT .A. -,........--r . 3 property above a Mean Sea Level of 594.0 feet at their North BoundarY Line and above a Mean Sea Level of 581.0 feet at their South Boundary Line, said Mean Sea Level points being connected by a line at an angle of 107'42" to the horizontal, to an infinite height above said line connecting said two Mean Sea Level points, together with the right to cause in all air space above the surface of Grantor's property such noise, vibration, fumes, dust, fuel and lubricant particles, and all other effects that may be caused by the operation of aircraft landing at, or taking off from or operating at or on said Cox Field Airport; and Grantor does hereby fully waive, remise and release any right or cause of action which they may have or which they may have in the future against Grantee, its successors and assigns, whether such claim be for injury to person or property, due to noise, vibration, fumes, dust, fuel and lubricant 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 Cox Field Airport. This instrument does not release the owners or operators of aircraft from liability for damage or injury to person or property caused by falling aircraft or falling physical objects from aircraft, except as stated herein with respect to fumes, dust, fuel and lubricant particles. Grantor further covenants and agrees, and by said agreement does hereby bind and obligate his heirs, successors, and assigns, that by grant of this easement they shall not build, construct, erect, or in any way allow the erection or construction of any structure or other edifice which would in any way be of such height as to intrude, penetrate, or interfere with Grantee's use and benefit of the easement granted herein, and that Grantor's representation to refrain from such interference with said easement shall be and is hereby a material covenant attending to and forming a portion of the right-of-way and easement granted to .. T c' Grantee herein. " 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 Cox Field Airport shall be abandoned and shall cease to be used for public airport purposes, it being understood and agreed that these covenants and agreements shall run with the land. Grantee herein, in accepting this avigation easement, and in paying the stated consideration therefor, in no sense is admitting legal liability for damages to Grantor or Grantor's property, nor to any abutting or vicinal property in this area. IN WITNESS WHEREOF, Grantor has hereunto set his hand, this _ day of , 2005. Ernest M. Nelson, Jr. THE STATE OF TEXAS ~ COUNTY OF LAMAR ~ BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared Ernest M. Nelson, Jr., known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _ day of ,2005. Notary Public, State of Texas RETURN TO: City Attorney City of Paris P. O. Box 9037 Paris, TX 75461-9037 - ."j ~ -. . COSTON INVESTMENT COMPANY. LTC RP VOL 781, PG 008 E,M, NELSON DR VOL 303, PG 539 ~\ ~. ~. ~ ~\ ~ -C'l. r 01' ;z. N w s SCALE: 1"=400' N88'35'~ 1~4~.1L . . ..-.. NB.B'''''~ SI}<.17 ~ 00 o:i C'! C'! . co ~ ~ TRACT NO, 2/.: j; ~ 6,99 ACRES 18 5 \5 'fi? lJ) Z .;.... lJ) TRACT NO, 1 18.07 ACRES S88'35'OO"W 1139.47 S88'3500 W 415.83 CITY OF PARIS COX FIELD AIRPORT TRACT NO. 1 E SITUATED in Lamar County, Texas, being port of tract of land conveyed to Coston Investment Company, LTD by 0 deed recorded In Book 781, Page 008 of the Real Property Records of Lamar County, Texas; BEGINNING at the Southeast corner of said tract of land, said point also being the Southwest corner of a tract of land conveyed to E.M. Nelson by a deed recorded In Book 303. Page 539 of the Deed Records of Lamar County, Texas, said point also being In the North boundary line of Cox Field; THENCE South 88'35'00" West along the South boundary line of said Coston tract and North boundary line of Cox Field, a distance of 1139.47 feet to a point; THENCE North 912'44" West a distance of 666.16 feet to a point; THENCE North 88'35'00" East a distance of 1246.15 feet to a point in the East boundary line of said Coston Tract and West boundary line of said Nelson tract; THENCE South a distance of 660.20 feet along the East boundary line of said Coston tract and West boundary line of said Nelson tract to the place of BEGINNING and containing 18.07 acres of land. TRACT NO. 2 SITUATED In Lamar County, Texas, being part of tract of land conveyed to E.M. Nelson by a deed recorded In Book 303, Page 539 of the Deed Records of Lamar County, Texas; BEGINNING at the Southwest corner of said tract of land, said point also being the Southeast corner of o tract of land conveyed to Coston Investment Company. LTD by 0 deed recorded In Book 781, Page . 008 of the Real Property Records of Lamar County, Texas, said point also being In the North boundary line of Cox Field; THENCE North a distance of 660.20 feet along the West boundary line of said Nelson tract and East boundary line of said Coston tract to a point; THENCE North 88'35'00" East a distance of 507.19 feet to a point; THENCE South 7'50'58" West a distance of 668.73 feet to a point In the South boundary line of said Nelson tract and North boundary line of Cox Field; THENCE South 88'35'00" West a distance of 415.83 feet along the South boundary line of said Nelson tract and North boundary line of Cox Field to the place of BEGINNING and containing 6.99 acres of land, AVIGATION EASEMENT NORTH -SOUTH RUNWAY EXTENSION COX FIELD, PARIS, TEXAS NOVEMBER 2005 ~ ~!m't1: @)!!' ~~ ...r A VIGATION EASEMENT STATE OF TEXAS ~ COUNTY OF LAMAR ~ WHEREAS, Coston Investment Company, Ltd, by and through its President Travis H. Coston of Lamar County, Texas, hereinafter called Grantor, is the owner of that certain parcel of land situated in the County of Lamar and State of Texas, more particularly described as follows: SITUATED in Lamar County, Texas, being part of a tract of land conveyed to Coston Investment company, LTD by a deed recorded in Book 781, Page 008 of the Real Property Records of Lamar county, Texas; BEGINNING at the Southeast corner of said tract of land, said point also being the Southwest corner of a tract of land conveyed to E.M. Nelson by a deed recorded in Book 303, Page 539 of the Deed Records of Lamar County, Texas, said point also being in the North Boundary Line of Cox Field; THENCE South 88035'00" West along the South Boundary Line of said Coston tract and North Boundary Line of Cox Field, a distance of 1139.47 feet to a point; THENCE North 9012144" West a distance of 666.16 feet to a point; THENCE North 88035'00" East a distance of 1246.15 feet a point in the East Boundary Line of said Coston tract and West Boundary Line of said Nelson tract; THENCE South a distance of 660,20 feet along the East Boundary Line of said Coston tract and West Boundary Line of said Nelson tract to the place of BEGINNING and containing 18.07 acres of land. NOW, THEREFORE, inconsideration of the sum ofTEN AND NO/100DOLLARS ($10.00) and other good and valuable consideration, receipt of sufficiency of which is hereby acknowledged, Grantor does hereby grant unto the CITY OF PARIS, Lamar county, Texas, a municipal corporation, hereinafter called Grantee, its successors and assigns, for the use and benefit of the public, an easement and right-of-way, appurtenant to Cox Field Airport, for the passage of all aircraft (" aircraft" being defined for the purposes of this EXHIBIT .It instrument as any contrivance now known or hereafter invented, used, or designed for navigation of or flight in the air) by whomsoever owned and operated, in the air space above Grantor's property above a Mean Sea Level of 594,0 feet at their North Boundary Line and above a Mean Sea Level of 581.0 feet at their South Boundary Line, said Mean Sea Level points being connected by a line at an angle of 10714211 to the horizontal, to an infinite height above said line connecting said two Mean Sea Level points, together with the right to <;ause in all air space above the surface of Grantor's property such noise, vibration, fumes, dust, fuel and lubricant particles, and all other effects that may be caused by the operation of aircraft landing at, or taking off from or operating at or on said Cox Field Airport; and Grantor does hereby fully waive, remise and release any right or cause of action which they may have or which they may have in the future against Grantee, its successors and assigns, whether such claim be for injury to person or property, due to noise, vibration, fumes, dust, fuel and lubricant 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 Cox Field Airport. This instrument does not release the owners or operators of aircraft from liability for damage or injury to person or property caused by falling aircraft or falling physical objects from aircraft, except as stated herein with respect to fumes, dust, fuel and lubricant particles. Grantor further covenants and agrees, and by said agreement does hereby bind and obligate his heirs, successors, and assigns, that by grant of this easement they shall not build, construct, erect, or in any way allow the erection or construction of any structure or other edifice which would in any way be of such height as to intrude, penetrate, or interfere T with Grantee's use and benefit of the easement granted herein, . and that Grantor's representation to refrain from such interference with said easement shall be and is hereby a material covenant attending to and forming a portion of the right-of-way and easement granted to Grantee herein, 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 Cox Field Air,port shall be abandoned and shall cease to be used for public airport purposes, it being understood and agreed that these covenants and agreements shall run with the land. Grantee herein, in accepting this avigation easement, and in paying the stated consideration therefor, in no sense is admitting legal liability for damages to Grantor or Grantor's property, nor to any abutting or vicinal property in this area. IN WITNESS WHEREOF, Grantor has hereunto set his hand, this _ day of ,2005, COSTONINVESTMENTCOMP ANY, LTD THE STATE OF TEXAS ~ COUNTY OF LAMAR ~ BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared Travis H. Coston, President, Coston Investment Company, Ltd" known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. --r - GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _ day of ,2005, Notary Public, State of Texas RETURN TO: City Attorney City of Paris P. O. Box 9037 Paris, TX 75461-9037 ""j . ~ COSTON INVESTMENT COMPANY. L TO RP VOL 781. PG 008 ~\ ~. ~" ~ ~\ oot (-.I" f" O!" "Z- N w s SCALE: 1"=400' E,M, NELSON DR VOL 303. PG 539 N88'35'OO"E 1246.15 ..-..-..-.. Naa'~5'OO"E 5/l7"i .~ TRACT NO, 1 18.07 ACRES 00 as N N '(0 ~ ~ TRACT NO, 2/.: i= i= 6,99 ACRES .fJ5 :J 0:: .0 00 !f'l 1Il Z '" C/) S88'35'OO.W 1139.47 S88'3500 W 415.83 CITY OF PARIS COX FIELD AIRPORT TRACT NO. 1 E SITUATED in Lamar County, Texas, being part of tract of land conveyed to Coston Investment Company, L TO by a deed recorded In Book 781, Page 008 of the Real Property Records of Lamar County, Texas; BEGINNING at the Southeast corner of said tract of land, said point also being the Southwest corner of a tract of land conveyed to E.M. Nelson by a deed recorded in Book 303, Page 539 of the Deed Records of Lamar County, Texas, said point also being In the North boundary line of Cox Field; THENCE South 88'35'00" West along the South boundary line of said Coston tract and North boundary line of Cox Field. a distance of 1139.47 feet to a point; THENCE North 9'12'44" West a distance of 666.16 feet to a point; THENCE North 88'35'00. East a distance of 1246.15 feet to a point in the East boundary line of said Coston Tract and West boundary line of said Nelson tract; THENCE South a distance of 660.20 feet along the East boundary line of said Coston tract and West boundary line of said Nelson tract to the place of BEGINNING and containing 18.07 acres of land. TRACT NO. 2 SITUA TED in Lamar County, Texas. being part of tract of land conveyed to E.M. Nelson by a deed recorded In Book 303. Page 539 of the Deed Records of Lamar County, Texas; BEGINNING at the Southwest corner of said tract of land, said point also being the Southeast corner of a tract of land conveyed to Coston Investment Company, LTO by a deed recorded in Book 781. Page 008 of the Real Property Records of Lamar County, Texas, said point also being In the North boundary line of Cox field; THENCE North a distance of 660.20 feet along the West boundary line of said Nelson tract and East boundary line of said Coston tract to a point; THENCE North 88'35'00" East a distance of 507.19 feet to a point; THENCE South 7'50'58" West a distance of 668.73 feet to a point in the South boundary line of said Nelson tract and North boundary line of Cox field; THENCE South 88'35'00" West a distance of 415.83 feet along the South boundary line of said Nelson tract and North boundary line of Cox field to the place of BEGINNING and containing 6.99 acres of land. AVIGATION EASEMENT NORTH -SOUTH RUNWAY EXTENSION COX FIELD, PARIS, TEXAS NOVEMBER 2005 ~~~!m~@)!!'~ ~T .