HomeMy Public PortalAboutAvigation Easement - Just south - Appr and TransitionalAYIML91
Thl» lnd«ntur* ••<»• «n4 ntfA Into this j»« day of n^,
bstwssn Warrsn H. Brown and Jsyns J. Brown, husband and wlfa, of
McCall, Vallsy County, Stats of Idaho, harslnaftsr callao ths
Grantors, and ths City of McCall, a ■unlcip^i corporation of tha
Stats of Idaho, harslnaftsr callsd ths Grantss,
WXTHBSSBTH:
WHEREA5. Grantors ars ths ownsrs in fas of that cartaln parcal
of land situata in tha County of Vallay, Stata of Idaho nora nar-
ticularly dascribad as follows, to>wit:
A portion of tha Northwest Ouartar and tha Southwast
Quarter of Section 21, Township 18 North. Ranae 3
Cast, B.M., described as follows:
Coauaencing at the Northeast corner of the Northwest
Quarter of said Section; thence South 89*44> east
1870.00 feat; thence South 1*43' Cast 2652.00 feet'
thence South 89*44' West 60.0 feet; thence South 1**
43' Cast 258.0 feat; to tha real point of beginning;
thence South 89*44' West 115.0 feat; thence South
14*18' Cast 1030.78 feet; thence North 89*44' East
450.0 feat; thence North i3*46' Cast 1030.78 feet;
thence South 89*44* West 835.00 feet, to tha real’
point of beginning, said area contains 10.1 acres,
■ora or lass;
hereinafter called Grantors' property and outline in figure I on
the attached aap (Exhibit "I") and designated as "Air Caseeent,
16.1 Acres".
NOW, THCRCrORC, in consideration of the sua of One (11.00)
Dollar and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the Grantors, for
their heirs, adainistrators, executors, successors and
assigns, do hereby grant, bargain, sell, and convey unto the Grantee,
•* uwner of the McCall Municipal Airport, its successors and
assigns, for the use and benefit of the public, as cascaent and
right of way, appurtenant to the McCall Municipal Airport, for the
unobstructed passage of all aircraft, ("aircraft" being defined for
the purpose of this Instrueient as any contrivance now known or here
after Invented, used or designed for navigation of or flight in the
.1,) by who«.o.v.r owned «d op.r.t«l. th. followln,;
XPPPOACH SURfAC^ A o':!
on the «*t«nd^ frSiH*th« Swth end of pri«ery surfece. ward and upward fr^ t • ^ hortxontal dlstanc*
The approach 20 to 1. <On* foot of •!•-
of 1000 feet at • *J®P J horizontal distance), and
vatlon for V^J.Jo.cS* and "approach a lope". In Figures
S?h*j?5el of the approach "'«* “^‘"fr^^thi'tional surface extends outward and upward froe the approach surface at a slope of 7 feet horizontal for
every 1 foot vertical rise froe the sides of the
approach surface as shown in Figure 2 of Exhibit "1"
attached;
together with the right to cause In all air space above the surface
of Grantors' property such noise, vibrations, fuses, dust, fuel
particles, and all other effects that say be caused by the operation
of aircraft landing at, or taking off fros, or operating at or on
said HcCall Municipal Airport; and Grantors do hereby fully waive,
misa, and release any right or cause of action which they oay now
have or in the future against Orantee, its isuccessors and assigns,
due to such noise, vibrations, fuaes, dust, fuel particles, and all
other effects that soy be caused or asiy have been caused by the
operation of aircraft landing at, or taking off froo, or operating
at or on said McCall Municipal Airport.
The easeeent and right of way hereby granted includes the con
tinuing right in the Grantee to prevent the erection or growth upon
Grantors' property of any building, structure, tree, or other object
extending Into the airspace above the aforesaid isMginary planes, or
surfaces and to renove from said airspace, or at the sole option of
the Grantee, as an alternative, to nark and light as obstructions
to air navigation, any such building, structure, tree or other
objects now upon, or which in the future nay be upon Grantors'
property, together with the right of Ingress to, egress froa and
passage over Grantors' property for the above purposes, reserving,
however, aeong other things, unto the Grantors the right to fan.
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TO HAVE AND TO HOLD said and right of way. and all
rights appartalnlng tharato unto tha Graataa. its auccasaors, «nd
assign., until said McCall Municipal Airport .hall ba abandonad and
shall caasa to ba usad for public airport purpoaas.
and for tha consldaratlon har.lnabova sat forth, tha Grantors,
for thaosalvas. their heirs, administrators, executors, successor.,
*„d a.slgn., do hereby agree that for and during the Ilf, of .,14
•asament and right of way. they will not hereafter erect, p,rmlt
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the erection or growth of, or permit or suffer to remain upon Gran->
tors* property any building, structure, (tree or other object ex- '
tending Into the aforesaid prohibited air space, and that they
shall not hereafter «ae or permit or suffer the use of Grantors*
property In such a manner as to create electrical Interference with
radio coMBOolcatlon between any Installation upon said airport and
aircraft, or as to aka It difficult for flyers to distinguish be-
tween airport lights and others, or as to Impair visibility in the ^
vicinity of the airport or as otherwise to endanger the landing,
taking off or sMneuvering of aircraft, Ik being understood and V
f agreed that the aforesaid covenants and agreements shall run with \
f ‘‘
the land.
IN WITNESS HHCltCOP, the Grantors have hereunto set their
^ bai^s pnd seals this /a ^ day of May, 1974.
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STATE or lOAHO )} ss.
County of V*ll«y J
day of May, 1974, befora ■• tha undartlgnadOn this Jc:
Notary Public In and for said State, personally appeared wamen h.
BKOW and JAYNE J. BRONN, husband and wife, known to .e to be the
persons whose naaes are subscribed to the within instru.ent, and
ecanowledoed to -e that they executed the saae.
iw WITNESS WHWEor, I have hereunto set ay hand and affixed ay
official seal the day and year in this certificate first above
written.
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