2006-007-RES-AVIGATION
RESOLUTION NO. 2006-007
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 of the 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 A vigation 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 Janudt
ATTEST:
(axo
ice Ellis, City Clerk
APPROVED AS TO FORM:
J-fJ. ~J#y~
D. Lestock, Assistant City Attorney
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. A VIGATION EASEMENT
STATE OF TEXAS S
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;
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 88035100" East a distance of 507.19 feet to a point;
THENCE 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;
THENCE 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 of TEN 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.
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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
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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
.,.
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COSTON INVESTMENT COMPANY, L TO
RP VOL 781, PG 008
E,M, NELSON
DR VOL 303, PG 539
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COX FIELD AIRPORT
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SITUATED in Lamar County, Texas, being port of tract of land conveyed to Coston Investment Company,
LID 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
o tract of land conveyed to E.M. Nelson by 0 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, 0 distance of 1139.47 feet to 0 point;
THENCE North 9'12'44" West 0 distance of 666.16 feet to 0 point;
THENCE North 88'35'00" East 0 distance of 1246.15 feet to 0 point in the East boundary line of said
Coston Tract and West boundary line of said Nelson tract;
THENCE South 0 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.
5
SCALE: 1"=400'
TRACT NO. 2
SITUATED in Lamar County, Texas, being port of tract of land conveyed to E.M. Nelson by 0 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 0 distance of 660.20 feet along the West boundary line of said Nelson tract and East
boundary line of said Coston tract to 0 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 sold 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
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A VIGATION EASEMENT
STATE OF TEXAS S
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 ofland, 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 88035100" 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, in consideration 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 Ji
,',. _'...,...~....",",'_,~.._. .~...... :',."~. ..___~.,",.. ._.._~,._~...m_.,..,.."..,,~, ........ .'._"_'_ ~".. ...._ _ ,". ...
. 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
. -
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
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.
CosrONINVFSTIv1ENTCOMP ANY, LID
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.
...
- -
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
L'
COSTON INVESTMENT COMPANY, LTD
RP VOL 781, PG 008
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TRACT NO. 1
18.07 ACRES
SSS'35'OO.W 1139.47
S88'3500 W 415.83
CITY OF PARIS
COX FIELD AIRPORT
TRACT NO. 1
SITUATED in Lamar County, Texas, being part of 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;
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
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
a 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, 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 ond North boundary line of Cox Field to the place of BEGINNING and containing 6.99 acres of
land.
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AVIGATION EASEMENT
NORTH -SOUTH RUNWAY EXTENSION
COX FIELD, PARIS, TEXAS
NOVEMBER 2005