lip A c~
2°'~~ ~+
TO~wrr Op' ADDZSO~v AvIGATIOIV EA~EIvIENT ~ ~~~!~~,~~~, ;i
WI~REAS, Acourt ~Tate1, f,td., a Texas limited partnership, hereinafter ed _,~ • ~+ ~~;~
is the owner of that certain parcel of land situated in the Town of Ad `~~
Dallas, State of Texas, to wit: ~~~,,, ~~ , ~.`~`
See Exhibit "A'°
IOW, THEREFORE, foar consideration of the sum of One Dollar (~1.q0) nand other goad
and valuable consideration paid by the Grantee, hereinafter named, to the Ci~rantor, the
receipt and sufficiency ^f which is hereby specifically acknowledged, the Grantor, its
successors and assigns, subject to tl~e provisions herein contained, hereby grants, bargains,
sells an,d conveys unto the Tawn of Addison, State of Texas, its successors and assigns, the
Grantee, for use and bene~.t of the public, a perpetual easement and right-of--way aver that
portion of the Grantor's land described above, in the vicinity of Addison Airport, for the
purpose of the passage of all aircraft ("aircraft" being defined far the purpose of this
instrument as any device now lrnown oz hereafter invented, used or designated for
navigation of, or flight in the air) by whomsoever owned and operated in the air space to an
infinite height above the surface of the Grantor's property, together with the right to cause
in said air space noise, vibration and all other effects that may be caused by the operation
of aircraft landing at or taking off fzom, ar operated at, ar an Addison Airport located in
Dallas, County, Texas; Grantor hereby waives, remises and releases any right ar cause of
action which Grantor has now, oar which Cxrantor may have in the future, against the
Grantee, its successors and assigns, or Addison Airport, due to such noise, vibration, nand
other effects that maybe caused by the operation of aircraft landing and taking off from, or
operating at ar an Addison Airport; the Crrantor furtl~eX grants that upon side property (A)
rao use shall be permitted that causes a discharge into the air of fumes, smol~e or dust which
will abstract visibility and adversely affect the operation of aircraft ar cause any
izlte~-fexence with navigational facilities necessary to aircrafi: operation and (E) no
development ar construction shall be permitted which will interfere in any way with the
safe operation of aircraft in the air space over the land described herein or at ar an the
Addison Airport.
To have and to bald said easement and right-of--way and all rights appertaining hereto unto
the Grantee, its successors and assigns, until the Addison Airport shall be abandoned and
shall cease to be used for airport purposes. It is specifically understood and agreed that
this easement, its covenants and agreements shall run with the land, which is described
herein. The Crrarttor, on behalf of itself, its successors and assigns, further acknowledges
that the easements herein granted contemplate and include all existing and future
aperatiozas at Addisoza Aiz-pork, acknowledging that future aircraft numbers and types will
most likely increase and noise patterns may also increase, in that the rights, obligations and
covenants herein set forth sha11 nat terminate or vary in the event of changes in the flight
volume or noise, traf~.c patte~xxs, runway lengths or locations ar characteristics oz type or
category of aircraft using the Addison Airport, Tawn of Addison, Teas.
By: J'o Davis - N~anaing Member of Acou~k Associates, L.C., the G.P. of Acaurt
G.F., td., the G.P. ^f Acowrt Motel, Ltd.
AGNO"VVT~E~]GEMENT
STATE OF TEAS )
ss.
~OI]NT"Y gyp' DALLAS )
The foregoing instrument was acknowledged before me by
This
Day of
Witness My T~and and Oftcial Seal.
Notary Public
My ~oanrnission Expires:
RAD~NNA FOf~D
MY COM14f1S51QN ~7CPIR~S
JANUARY 5, 2Q03
- , MAR,02-1999 TUE 10:11 AM FAX N0.
LA[~TYERS TITLE ZidST7RA.NCE CC]RpOl~A"!~1:0?`I
£:rhibit A
P. 06/ 13
97R(i7,3$3
GT~ -~lurnhwr 97f~02383
i~t?i~C a tract ^~ la:ld xtuated in the G.W. lishar Survey, Abstract No. 4&2,
lay-rri of Adcltsan, Dallas County, Texas and l5~itlg apart of 81nc14 3 ~f Qua1'um
Not:L-11, an ;xddl.4iox1 to the Town of Addison as recorded i~'L Volume $0005, Pa~~~
17 C, 13, Deed Rticords, Da11as County, `T'exas and being more parti.c~~l:lr].y da~.'cribecl
as rallQw~:
I3~c,INNZNG at a zf7_ inch iron rod found in the southwesC line aj" 5gectr~-xm Drive.
(an $0 foot righ#~-of-way) at the most na>;Ckler~y rtarthwe::t c^rnc.r a£ '1~~act' 1,
F31o.`k 3, Spectrum CcnCeX/Quorurrr North, an additxoTt to tf,c 'fawn of (±ddison as
recarclecl in Vo]-Ylme B~EOf2, Page 5$90, Deed Records, 17allas County, 3'ca:~~~s;
'I1Zt~~CE Souel: 04 dr.gie4; 19 mitzuCes 22 second-s East, alat~g ~ wv~:t I.i.rt.e of said
Tr;tct 1, z distnncc of X54,25 feet to a 1/2 inch ior~l rocs £aux:cl far corner;
THb:ItiiCE~ South 89 cle~rees 31 minutes 55 secards tiv'esa~, along, a north litre of saia
Treat 1, a clistctrtiee of $9.85 feat to a 1/2 inch iron rad £auncl tar earner;
TF1F~:*7C:E Sout~t 00 dt~rees 34 II:irzutes 5] sec ands East, al^n~ ~ we1G 1~.n~ of saki
1'x~L.t 1, a distance oJ= 23.90 feet to a 5/8 inch iron rad will cap found i:oX
cnrexer at the northeast eorT~er of Tract 2, ~dyersan 1 Addition, x771 acidi~tic,n to
tt~c: Town: of !'+ddis^n as recorded in Volume 93234, page 3515, Deed l~ecorels,
D:a 1 ~.:cS COUt1ty , r4?:Cr3S .
7'1•I??NCE Soutkt $9 degrees 55 minutes 18 seconds ~~7est, slorlg the nartlr Pine of
s•aici Tracr_ ?.. a. clistartce o£ 490.15 fe,~t to a 5f$ i-nch iron rod with c.~F fouYid
fo,~ corner in -tkle east line of Quorum Drive (art $0 foot right-of-way) ;
THL:T3C;E North DO cTeJyreeS 17 fi.inutes 40 seconds West, alatig tine cast dine of ~rlid
(~ur~utn Ariv4, a di~ta.r~ce of 29$.45 feet to at1 "x" gut i.n concrete fou:ld far
Cor.ktCY ~G Cho southwest corner of a tract Of lard conveyed to the Joseph W.
~"~cC`,,~~t-try Trust by ~!ecd recorded in Volume 927.1.3, Psge 4563, Deed Rec:ards,
nall,~s colrnty} 'r4-sris;
Tkit~:~tCF riortl~ 89 degrees 5Fi minutes 00 seconds East, along the south line of
.;3~ f <i ucC;zrthy track, tz distance of 349.51 feet to a 1/2 iz'tch xran rad Eourtd for
et17 ~li''r;
3:kI1~::dCc IvorCkl 6~ degrees 45 minutes 44- seconds L•asC, s].ong, the south line of
sa~cl McCar~lly tract, a distr~noe of $1,4.3 feet to to a 1/2 inch iron rad fcsund
~'nr- cat:x~c.>r in the southwest Zino of said Spectrtua Drive, wsid iron rad also
l~rlatg in a cusva to tha left that ha.s a centrsl angle of 3l degrcas 33 mfn~ttes
58 ,:c:cortids, a radius of 415.1` feet and a chord that gears Scurh !s5 dcgYCCS 03
mii.itec~s 03 ;;~coaids East;
'1'f[f!.?JCL along 41.ic sau~t~,w4:st iine of said 5p~ct>ru:rf Drive at-d said curves to rltc
lei t:, an aic Xength of 22$.aCk feet >~o the PC)ILtiT GF SEGINI3ING artel catltai7.2~p~;
1G3,78G sq~x.:~re f~c~t or 3.7600 acres of land,