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HomeMy WebLinkAboutContract 45920 Page 1 of 8 Ch g SECRETAW CONTRACT NO. Electronically Recorded Tarrant County Official Public Records 8128120143:45 PM D214189123 PGS 8 $44.00 Mary Louise GAYIGATION EASEMEIMbmitter. XEROXCOMMERCIAL SOLUTIONS THE STATE OF TEXAS § § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF DENTON S That McKelvey-Cole, L.P., a Texas limited partnership (hereinafter "GRANTOR!'), for and in consideration of the sum of TEN AND N01100 DOLLARS ($10.00) to the undersigned paid by the GRANTEE herein named, and other good and valuable consideration, the receipt of which is hereby acknowledged, has executed this Avigation Easement and by these presents does GRANT, SELL AND CONVEY unto The City of Fort Worth,a Texas home rule municipal corporation, whose.mailing address is 1000 Throckmorton, Fort Worth, Texas 76102 (hereinafter called "GRANTEE"), an Avigation Easement in, on, over and across Grantor's real property more particularly described in Exhibit "A", attached hereto and incorporated herein for all purposes(hereinafter the"Property"). - This Avigation Easement is for free and unobstructed passage of aircraft("aircraft"being defined as any contrivance now known or hereafter invented, used or designed for navigation of or flight in the air) landing at or taking off from, or operating at or on the City of Fort Worth Alliance Airport ("Alliance Airport"), its successors and assigns, by whomsoever operated, in the airspace above the Property,such area hereinafter referred to as the"permitted air space",together with the right in all air space above the surface of the Property to use the air space for the free and unobstructed use and passage of all types of aireraft, with such use and passage to be unlimited as to frequency, proximity, noise, vibration, fumes, dust, fuel, lubricant particles, and all other effects that may be caused by the operation of an aircraft in the permitted air space while landing at and taking off from, or operating at or on the Alliance Airport as it now or as it may hereafter be configured, GRANTOR does hereby further grant, sell, and convey to GRANTEE, its successors and assigns, a continuing right and easement to take any action necessary to prevent the erection or growth of any structure or other object(excluding trees) into the permitted air space and to remove from such permitted air space any and all structures or other objects(excluding trees)that may at any time project or extend into same,together with the right of ingress to,egress from and passage over the Property for such purposes. Further, GRANTOR, its successors and assigns, is prohibited from any activity on the Property that would interfere with or be a hazard to the flight of aircraft over the Property, or to and from Alliance Airport,or interfere with air navigation and communication facilities serving it, its successors and assigns. It is GRANTOR's intent to permit whatever aircraft noise and related effects occur over the Property from aircraft using Alliance Airport, regardless of operational levels,air traffic control procedures, types of aircraft,or airport runway configurations which might come to be in effect in the future. GRANTOR further releases and waives all damages and claims for damages against GRANTEE and its successors and assigns,caused or alleged to be caused by or incidental to the granting or use of this Avigation Easement. GRANTOR covenants that he/she/it is the owner(s) in fee simple of the Property, and that at the time of signing of this Avigation Easement has full ownership rights and powers to convey this Easement free and clear from all other grants,bargains, sales, liens,taxes, assessments and encumbrances of whatever kind or nature,except encumbrances of record as of the date hereof. AVIGA'r1UN EASEMENT Page r w rrq��g AVIGATION EASEMENT THE STATE OF TEXAS § § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF DENTON § That McKelvey-Cole, L.P., a Texas limited partnership (hereinafter "GRANTOR"), for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) to the undersigned paid by the GRANTEE herein named, and other good and valuable consideration, the receipt of which is hereby acknowledged, has executed this Avigation Easement and by these presents does GRANT, SELL AND CONVEY unto The City of Fort Worth, a Texas home rule municipal corporation,whose mailing address is 1000 Throckmorton, Fort Worth, Texas 76102 (hereinafter called "GRANTEE"), an Avigation Easement in, on, over and across Grantor's real property more particularly described in Exhibit "A", attached hereto and incorporated herein for all purposes(hereinafter the "Properly"). This Avigation Easement is for free and unobstructed passage of aircraft("aircraft"being defined as any contrivance now known or hereafter invented, used or designed for navigation of or flight in the air) landing at or taking off from, or operating at or on the City of Fort Worth Alliance Airport ("Alliance Airport"), its successors and assigns, by whomsoever operated, in the airspace above the Property,such area hereinafter referred to as the "permitted air space", together with the right in all air space above the surface of the Property to use the air space for the free and unobstructed use and passage of all types of aircraft, with such use and passage to be unlimited as to frequency, proximity, noise, vibration, fumes, dust, fuel, lubricant particles, and all other effects that may be caused by the operation of an aircraft in the permitted air space while landing at and taking off from, or operating at or on the Alliance Airport as it now or as it may hereafter be configured. GRANTOR does hereby further grant, sell, and convey to GRANTEE, its successors and assigns, a continuing right and easement to take any action necessary to prevent the erection or growth of any structure or other object(excluding trees) into the permitted air space and to remove from such permitted air space any and all structures or other objects(excluding trees)that may at any time project or extend into same,together with the right of ingress to, egress from and passage over the Property for such purposes. Further, GRANTOR, its successors and assigns, is prohibited from any activity on the Property that would interfere with or be a hazard to the flight of aircraft over the Property, or to and from Alliance Airport, or interfere with air navigation and communication facilities serving it, its successors and assigns. It is GRANTOR's intent to permit whatever aircraft noise and related effects occur over the Property from aircraft using Alliance Airport, regardless of operational levels, air traffic control procedures, types of aircraft,or airport runway configurations which might come to be in effect in the future. GRANTOR further releases and waives all damages and claims for damages against GRANTEE and its successors and assigns, caused or alleged to be caused by or incidental to the granting or use of this Avigation Easement. GRANTOR covenants that he/she/it is the owner(s) in fee simple of the Property, and that at the time of signing of this Avigation Easement has full ownership rights and powers to convey this Easement free and clear from all other grants, bargains, sales, liens,taxes, assessments and encumbrances of whatever kind or nature, except encumbrances of record as of the date hereof. AVIGATION EASEMENT Page i 2301.010\41348.2 This Avigation Easement shall be binding upon GRANTOR, its successors, administrators and assigns, and shall be a covenant running with the land, same to be recorded in the Deed Records of the county in which the Property is situated. TO HAVE AND TO HOLD said Avigation Easement and all rights appertaining thereto unto the GRANTEE, its successors and assigns,until terminated as provided for herein,and GRANTOR does hereby bind itself, its successors and assigns to WARRANT AND FOREVER DEFEND all and singular this Avigation Easement unto GRANTEE, and its respective successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. EXECUTED this /911 day of 2014. GRANTOR MCKELVEY-COLE,L.P., A Texas limited partnership By: Greenway-McKelvey GP,LLC, a Texas Limited liability company, its general partner By: Name: Title: 11.e-c « GRANTEE CITY OF FORT WORTH, A Texas municipal corporation By: 4;;ZL� Fernando Costa Assistant City Manager Approved as to Form and Legality: si tant City Attorney ./? V 0 ° A *°°° �'� �°A° OFFICIAL RECORD a Clty Seem4my nvl - rrr Page 2 CITY SECRETARY 301.010\41348.2 FT. WORTH, YR STATE OF TEXAS § COUNTY OF .OA L.L.PP.S § Before me, the undersigned, a Notary Public, on this day personally appeared '`D P L �`�, L)(CC Pa-�i I� W reenway-McKelvey GP, LLC, a Texas limited liability company, general partner of McKelvey-Cole, L.P., known to me the person whose name is subscribed to the foregoing instrument and acknowledged to me that the same was his/her act, and that he/she had executed the same for the purpose and consideration therein expressed, and in the capacity therein stated. Given under my hand and seal of office,this h day of I/Q U(gL 52014. ,•*� Kinib�rh►km WnNit! Notwr�Pufiik. %tote of 7'exrx 't aF Expires:11-07-2011 STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned, a Notary Public, on this day personally appeared Fernando Costa, Assistant City Manager of the City of Fort Worth, Texas, a home rule city of the State of Texas ("City"), known to me the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the City, and that he had executed the same as the act of such City for the purpose and consideration therein expressed, and in the capacity therein stated. Given under my hand and seal of office,this��day of /G U y 4 , 2014. ,011,M111"Pe,, EVONIA DANIELS % Notary Public,State of Texas s� ;+ My Commission Expires �4Pn`y p�9`� EVONIA DV':, July 10, 2017 SIC, i;2: �: Notary Public, gas Js; iy= My Commissio7 July 10, 2,!1 AVIGATION EASEMENT Page 3 2301.010\41348.2 EXHIBIT "A" TO AVIGATION EASEMENT BEING a tract of land situated in the L.A. BUTLER SURVEY, ABSTRACT NO. 64, JOHN F. DAY SURVEY, ABSTRACT NO. 384, A.M. KING SURVEY, ABSTRACT NO. 710, C. PERRY SURVEY, ABSTRACT NO. 1031, W. SAMPLE SURVEY, ABSTRACT NO. 1207, and CHARLES TYDINGS SURVEY, ABSTRACT NO. 1276, Denton County, Texas, and being part of tract of land conveyed to Clark W. McKelvey, LP, according to document filed for record in Document Number 97-0064670, and that tract of land conveyed to M.T. Cole Family Partnership #2, according to document filed for record in Document Number 2009-102749, Deed Records, Denton County, Texas and being more particularly described as follows: BEGINNING at a TXDOT monument found in the intersection of the south line of State Highway 114, a variable width right-of-way, and east line of B.N. & S.F. Railroad, a variable width right-of-way, for the northwest corner of the this tract; THENCE Easterly, with the said south line, the following six (6) courses and distances: North 88 degrees 02 minutes 41 seconds East, a distance of 290.03 feet to a metal fence post marker found for corner; North 88 degrees 03 minutes 34 seconds East, a distance of 1021.40 feet to a TXDOT monument found for corner; North 82 degrees 37 minutes 01 seconds East, a distance of 202.78 feet to a TXDOT monument found for corner; South 89 degrees 48 minutes 50 seconds East, a distance of 539.25 feet to a 90D nail found for corner; South 89 degrees 46 minutes 10 seconds East, a distance of 2,397.15 feet to a 5/8 inch iron rod found at the beginning of a curve to the right having a central angle of 12 degrees 02 minutes 53 seconds, a radius of 2,814.79 feet and a chord bearing and distance of South 83 degrees 38 minutes 20 seconds East, 590.79 feet; With said curve to the right, an arc distance of 591.88 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "LANDES"found for the northeast corner of this tract; THENCE Southerly, leaving the above mentioned south line and with the east line of this tract, the following three (3) courses and distances: South 00 degrees 06 minutes 12 seconds East, a distance of 3,431.60 feet to a 1 inch iron rod found for corner; AVIGATION EASEMENT Page 4 2301.010\41348.2 South 88 degrees 58 minutes 27 seconds West, a distance of 257.06 feet to a 1 inch iron pipe found for corner; South 00 degrees 38 minutes 38 seconds East, a distance of 2327.95 feet to a TXDOT monument found in the common north line of Farm to Market Road 156, a variable width right-of-way and south line of this tract, at the beginning of a non-tangent curve to the left having a central angle of 15 degrees 45 minutes 59 seconds, a radius of 2,964.79 feet and a chord bearing and distance of South 84 degrees 41 minutes 34 seconds West, 813.27 feet; THENCE Southeasterly, leaving said east line and with said north line and with said curve to the left, an arc distance of 815.84 feet to a point for corner; THENCE Northwesterly, leaving said north line and with the approximately center line of Elizabeth Creek, the following forty(40) courses and distances: North 66 degrees 18 minutes 48 seconds West, a distance of 67.50 feet to a point for corner; North 04 degrees 58 minutes 07 seconds West, a distance of 134.41 feet to a point for corner; North 55 degrees 06 minutes 40 seconds West, a distance of 248.69 feet to a point for corner; South 80 degrees 04 minutes 40 seconds West, a distance of 80.79 feet to a point for corner; South 36 degrees 41 minutes 38 seconds West, a distance of 119.87 feet to a point for corner; South 47 degrees 37 minutes 20 seconds West, a distance of 257.66 feet to a point for corner; South 67 degrees 01 minutes 59 seconds West, a distance of 406.53 feet to a point for corner; North 80 degrees 48 minutes 56 seconds West, a distance of 175.36 feet to a point for corner; South 29 degrees 10 minutes 04 seconds West, a distance of 163.71 feet to a point for corner; AVIGATION EASEMENT Page 5 2301.010\41348.2 South 77 degrees 13 minutes 18 seconds West, a distance of 487.75 feet to a point for corner; North 75 degrees 35 minutes 20 seconds West, a distance of 572.39 feet to a point for corner; North 61 degrees 35 minutes 56 seconds West, a distance of 253.36 feet to a point for corner; North 28 degrees 47 minutes 25 seconds West, a distance of 363.84 feet to a point for corner; North 05 degrees 50 minutes 01 seconds East, a distance of 98.25 feet to a point for corner; North 10 degrees 51 minutes 55 seconds West, a distance of 217.01 feet to a point for corner; North 42 degrees 51 minutes 37 seconds East, a distance of 280.44 feet to a point for corner; North 13 degrees 51 minutes 54 seconds East, a distance of 158.68 feet to a point for corner; North 14 degrees 16 minutes 36 seconds West, a distance of 227.09 feet to a point for corner; North 65 degrees 10 minutes 27 seconds West, a distance of 526.29 feet to a point for corner; North 57 degrees 05 minutes 37 seconds West, a distance of 353.97 feet to a point for corner; North 38 degrees 06 minutes 06 seconds West, a distance of 346.38 feet to a point for corner; South 89 degrees 37 minutes 22 seconds West, a distance of 257.30 feet to a point for corner; North 38 degrees 31 minutes 04 seconds West, a distance of 15 8.4 8 feet to a point for corner; North 15 degrees 47 minutes 53 seconds West, a distance of 370.29 feet to a point for corner; AVIGATION EASEMENT Page 6 2301.010\41348.2 North 63 degrees 29 minutes 07 seconds West, a distance of 146.73 feet to a point for corner; South 78 degrees 14 minutes 25 seconds West, a distance of 166.63 feet to a point for corner; North 76 degrees 16 minutes 28 seconds West, a distance of 216.63 feet to a point for corner; North 60 degrees 56 minutes 48 seconds West, a distance of 304.68 feet to a point for corner; North 42 degrees 14 minutes 03 seconds West, a distance of 179.01 feet to a point for corner; North 17 degrees 51 minutes 00 seconds East, a distance of 268.74 feet to a point for corner; North 55 degrees 34 minutes 08 seconds West, a distance of 178.75 feet to a point for corner; North 80 degrees 07 minutes 19 seconds West, a distance of 198.03 feet to a point for corner; North 68 degrees 45 minutes 43 seconds West, a distance of 193.54 feet to a point for corner; North 46 degrees 12 minutes 30 seconds West, a distance of 204.55 feet to a point for corner; North 83 degrees 28 minutes 23 seconds West, a distance of 272.02 feet to a point for corner; South 65 degrees 25 minutes 36 seconds West, a distance of 67.90 feet to a point for corner; South 13 degrees 24 minutes 59 seconds West, a distance of 69.76 feet to a point for corner; South 43 degrees 26 minutes 03 seconds West, a distance of 109.14 feet to a point for corner; AVIGATION EASEMENT Page 7 2301.010\41348.2 South 87 degrees 42 minutes 36 seconds West, a distance of 136.06 feet to a point for corner; North 58 degrees 33 minutes 25 seconds West, a distance of 425.98 feet to a point for corner in the above mentioned east line of B.N& S.F. Railroad at the beginning of a curve to the right having a central angle of 02 degrees 09 minutes 09 seconds, a radius of 2,714.93 feet and a chord bearing and distance of North 43 degrees 22 minutes 09 seconds East, 101.99 feet; THENCE Northeasterly, with said east line, the following six (6) courses and distances: With said curve to the right, an arc distance of 10 1.99 feet to a point for corner; North 44 degrees 28 minutes 23 seconds East, a distance of 1545.92 feet to a point for corner; North 45 degrees 06 minutes 23 seconds West, a distance of 50.09 feet to a point for corner; North 44 degrees 28 minutes 21 seconds East, a distance of 400.05 feet to a point for corner; North 48 degrees 03 minutes 37 seconds West, a distance of 24.98 feet to a point for corner; North 44 degrees 30 minutes 18 seconds East, a distance of 1426.69 feet to POINT OF BEGINNING and containing 716.791 acres of land, more or less AFTER RECORDING RETURN TO: City of Fort Worth Meacham Airport 4201 N. Main St., Suite 200 Fort Worth,Texas 76106 Attn: James Burris AVIGATION EASEMENT Page 8 2301.010\41348.2 Erxchange: Authorized Users Only Page 1 of 1 Document Receipt Information Reference Number:Avig Easement Dev McKelvey Cole- Easement Instrument Number: D214189123 No of Pages: 8 Recorded Date: 8/28/2014 3:45:49 PM County: Tarrant Volume: Page: Recording Fee: 1$44.00 https://www.erxchange.com/UINiewReceipt.aspx?DocumentId=8893846 8/29/2014