The URL can be used to link to this page

Home My Public Portal About2009.08.06 Avigation Easement Reserve on the PayetteInstrument # 348725 VALLEY COUNTY, CASCADE, IDAHO 1-14-2010 03:53:02 No. of Pages: 6 Recorded for : CITY OF MCCALL ARCHIE N. BANBURY Fee: 0.00 Ex-Officio Recorder Deputy i Index to: EASEMENT - GRANT OF AVIGATION EASEMENTS THIS GRANT of Avigation Easements made and executed this 6 " 'day of dad 2009 , by , the GRANTOR, provides a Grant of Avigation Easements, over, upon and across real property to McCALL CITY, a municipal corporation, the GRANTEE. WITNESSETH: Section I. For the purpose of making a Grant of Avigation Easements over, upon and across the property described in Section 2. herein to the GRANTEE, GRANTORS for themselves, their successors and assigns do hereby grant and convey unto GRANTEE, its successors and assigns, and to all persons lawfully using the McCall Airport, the right and easements to use the air space above GRANTORS' property in accordance with the rules and regulations regulating take off, landing and traffic patterns established and promulgated by the McCall Airport Advisory Committee and approved by the Council of the City of McCall without liability for any necessary, convenient or operational incidental effects thereof whatever as the same may presently or in the future exists, together with the right to GRANTEE, its successors and assigns, and to all persons lawfully using said Airport, to cause in such air space adjacent to and above the surface of GRANTORS' said property, such noise, vibrations, fumes, dust and fuel particles that may be caused by the operation of aircraft landing at, taking off from, or operating at, from or on said McCall Airport. The GRANTORS further grant that upon said property a) no use shall be permitted that causes a discharge into the air of fumes, dust or smoke which will obstruct visibility and adversely affect the operation of aircraft or cause any interference with navigational facilities necessary to airport operations and (b) no development or construction shall be permitted above the height limitations provided by the McCall Airport Ordinances. GRANTOR(S), their successors and assigns, further acknowledge that the easements herein granted contemplate and include all existing and future McCall Airport operations in that the rights, obligations, and covenants herein set forth shall not terminate or vary in the event of changes in the flight volume or noise, traffic patterns, runway lengths or locations, terminal location, or aircraft characteristics at the McCall Airport. GRANTOR(S), their successors and assigns, further acknowledge that operation of the Airport may cause noise as well as danger from aircraft accidents or incidents; and that airplane operations will not necessarily include takeoff and or arrival procedures which could have the effect of lessening noise or dangers to the subject property. GRANTOR(S), their successors and assigns, do hereby fully waive, remise and release any and all right for cause of action which they may now have or which they may have in the future against GRANTEE, its successors and assigns, due to noise, vibrations, fumes, dust and fuel particles that may be caused or may have been caused by the lawful operation of aircraft landing at, or taking off from or operating at, from or on said McCall Airport. All rights, easements, releases, benefits and estates granted hereunder shall be covenants running with the land described in Section 2 herein. Section 2. The property of GRANTORS subject to the Grant of Avigation Easements is described as follows: The real property description is set forth in Exhibit "A" attached hereto and incorporated herein by this reference. This easement is subject to any matters apparent and visible and also to all matters of record. Section 3. The GRANTEE, its successors and assigns, shall have and hold this Grant of Avigation Easements subject to the following considerations, covenants and reversions: a) GRANTORS are authorized to use and occupy the property herein described, or any portion thereof, for any of the allowed, conditional and accessary uses authorized by the terms, conditions and regulations of the McCall City Zoning Ordinance and the McCall Airport Ordinances, and the amendments thereto, upon compliance with the procedures and conditions provided by said ordinances and amendments. b) If McCall Airport is moved or relocated from its present general site, excluding terminal building and runway alterations or changes, then this Grant of Avigation Easements shall automatically terminate and revert to the GRANTORS, their successors and assigns, and the easement herein granted shall no longer exist as an easement upon, over and across the property herein described. c) Nothing contained herein shall be construed as a waiver by GRANTORS, their successors or assigns, of any right provided by law for redress due to the unlawful and negligent flying over, upon or across the land herein described by aircraft landing at, taking off from, or operating at, from or on the McCall Airport. GRANT OF AVIGATION EASEMENTS - Page 2 IN WITNESS WHEREOF, the GRANTORS have ca, be executed the day and year first above written. Grant of Avigation Easements to GRANTOR: "The Res rve on Payette River Subdivision" GRANT OF AVIGATION EASEMENTS - Page 3 STATE OF IDAHO) ss. County of Valley ) On this __L1_ day of , 2069, before me, a Notary Public in and for said State, personally appeared known to me to be the person who executed the said instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Airport Manager 11111iiid, OTARx. 1' PUBLIC i s'IAI....•• `.$, ,- lIINII"" Notary Public f r Residing at My Commission Expires ... 2 Y P TTEST: ACKNOWLEDGMENT CERTIFICATE STATE OF IDAHO ) ss. County of Valley ) On this day of -..,-c 1 , 2009, before m personally appeared John Anderson identified to me to be the Airport Manager, of the City of McCall, that executed the said instrument, and acknowledged before me. SEAL) Notary Public fi My Commission Expires on / 0.2.i dz9f/ Exhibit A Legal Description The Reserve on Payette River Subdivision KNOW ALL MEN BY THESE PRESENTS: that the undersigned are the owners of a parcel of land situate in Government Lots 4 and 7 of Section 17, T. 18 N., R. 3 E., B.M., City of McColl, Valley County, Idaho, more particularly described as follows: Commencing at a 5/8 inch rebar marking the Center South 1/16 Corner of Section 17, T. 18 N., R. 3 E., B.M., City of McColl, Volley County, Idaho; thence, N. 89° 59' 20" W, 333.94 feet along the south boundary of Government Lot 7 of said Section 17 to a 5/8 inch rebar; thence, N. 00° 10' 39" E., 554.89 feet to on aluminum cop, the REAL POINT OF BEGINNING: Thence, continuing N. 00° 10' 39" E., 603.92 feet to a 5/8 inch rebar on the south boundary of Deinhard Lane, Thence, S. 89° 52' 41" E., 334.51 feet to a 5/8 inch rebar on the north -south center section line of said Section 17, Thence, N. 00° 12' 20" E., 78.48 feet along said north -south center section line to a 5/8 inch rebar on the south boundary of Deinhard Lane, Thence, N. 68° 40' 41" E., 238.92 feet along said Deinhard Lane boundary to a 5/8 inch rebar, Thence, 77.36 feet along a curve to the right whose long chord bears N. 74° 24' 17" E., 77.24 feet, whose radius is 387.03 feet and delta angle is 11° 27' 10" along said Deinhard Lane boundary to a 5/8 inch rebar, Thence, N. 41° 24' 30" E., 59.83 feet along said Deinhard Lane boundary to a 5/8 inch rebar, Thence, 151.37 feet along a curve to the right whose long chord bears S. 83° 26' 18" E., 150.58 feet, whose radius is 427.01 feet and delta angle is 20° 18' 36" along said Deinhard Lane boundary to a 5/8 inch rebar, Thence, S. 73° 16' 58" E., 177.80 feet along said Deinhard Lane boundary to a 5/8 inch rebar on the west bank of the Payette River, Thence, S. 32° 05' 31" W., 42.61 feet along said west bank, Thence, S. 52° 54' 46" W., 22.97 feet along said west bank, Thence, S. 33° 32' 48" W., 21.42 feet along said west bank, Thence, S. 41° 36' 23" W., 65.91 feet along said west bank, Thence, S. 29° 48' 18" W., 65.39 feet along said west bank, Thence, S. 53° 53' 50" W., 15.16 feet along said west bank, Thence, S. 36° 19' 10" W., 37.95 feet along said west bank, Thence, S. 34° 54' 33" W., 23.01 feet along said west bank, Thence, S. 51° 07' 03" W, 57.96 feet along said west bank, Thence, S. 43° 50' 52" W, 236.86 feet along said west bank, Thence, S. 35° 33' 22" W, 60.23 feet along said west bank, Thence, S. 25° 51' 44" W, 107.46 feet along said west bank, Thence, S. 45° 18' 07" W, 25.37 feet along said west bank, Thence, S. 31° 20' 15" W, 133.06 feet along said west bank, Thence, S. 51° 23' 45" W, 24.93 feet along said west bank, Thence, S. 31° 15' 45" W, 31.75 feet along said west bank, Thence, leaving said west bank, N. 43° 54' 14" W, 26.48 feet to a 5/8 inch rebar, Thence, continuing N. 43° 54' 14" W, 95.44 feet to a 5/8 inch rebar, Thence, N. 77° 26' 42" W, 79.68 feet to a 5/8 inch rebar, Thence, S. 68° 58' 51" W, 143.77 feet to a 5/8 inch rebar, Thence, S. 60° 15' 28" W, 121.25 feet to the Point of Beginning, containing 10.265 acres, more or less. Bearings are based on the plot of River's Crossing Subdivision. Note: This legal description was copied, verbatim, from the legal description located on the signature page of the presented Final Plat forSU8-08-01)