HomeMy Public PortalAbout2021.10.01 Avigation Easement 360 RanchRecording Requested By and
When Recorded Return to:
City C lerk
City of McCall
216 East Park Street
McCall , Idaho 83638
For Recording Purposes Do
Not Write Above This Line
MCCALL M UN I CI PAL AIRPORT
SURFACE AN D OVERHEAD A V IGATIO N EASEMENT
This Easement is made October 1, 2021 by and between the City of McCall , an Idaho
municipal corporation ( called "City" in the rest of this Easement) as Grantee, and GFL Holdings
LLC, as Grantor, for and in consideration of the mutual promises , covenants, agreements and
conditions in this Lease. This Lease consists of this "SURF ACE AND OVERHEAD A VIGA TION
EASEMENT" together with the:
A. Legal Description, Exhibit "A;"
B. Drawing of the Subject Property, Exhibit "B;"
NOW, THEREFORE , for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowl edged , the Grantors , for themselves, their heirs , administrators, executors ,
successors , and assigns do hereby grant the following appurtenant rights and benefits to the CITY
for the use and benefit of the public.
The unobstructed use and passage of all types of aircraft in and through the airspace at any
height or altitude above the surface of the land.
The right of said aircraft to cause noise, vibrations , fumes , deposits of dust , fuel particles
(incidental to the normal operation of aircraft); fear , interference with sleep or communication ,
and any other effects associated with the normal operation of aircraft taking off, landing, or
operating in the vicinity of McCall Municipal Airport .
As used herein , the term "aircraft" shall mean any and all types of aircraft, whether now in
existence or hereafter manufactured and developed , to include jet, propeller-driven,
sailp lane/glider, lighter-than-air, civil , military or commercial aircraft; hel icopters , regardless of
existing or future noise levels , for the purpose of transporting persons or property through the air,
by whoever owned or operated .
A v igation Easeme nt
Se ptember 23 , 202 1
Page 1 of7
In granting this easement, the Grantors agree to make no modifications to the fo llowing
"accepted" existing structures lying within th e bounds of the easement area of the Grantors'
property without approval of the City . (See attached Exhibit B map).
The Grantors agree that during the li fe of this easement, they wi ll not construct, erect, suffer
to permit or allow any stru cture or trees on the surface of the burdened property without approval
of the City. The Grantors may not permit any places of public assemb ly or gatherings within the
easement area. (Examples: churches, schoo ls, day care facilities , hospitals , restaurants , stadiums,
office buildings , etc.). The Grantors are pennitted to continue to grow and h arvest crops or graze
livestock in the easement area
The Gran tors agree to keep the easement area free of the following: structures (permanent
or temporary) that might create g lare or contain misleading li ghts ; residences , fuel handling and
storage facilities and smoke generating activities and creation of any means of e lectrical
interference that could affect the movement of aircraft over the easement area.
Grantors agree to waive all damages and claims for damages caused or alleged to be caused
by the Grantors vio lation of any aspect of this easement document. City has a perpetual right of
ingress/egress in the easement area and the right to remove any new structure or vegetation that is
not specifically mentioned above as "accept ed ."
Grantors agree to waive all damages and claims for damages caused or a ll eged to be caused
by the Grantors vio lation of any aspect of thi s easement document. The City has a perpetual right
of ingress/egress in th e easement area and the right to remove any new structure or vegetation that
is not specifically mentioned above as "accepted."
TO HAVE AND TO HOLD said easement and right of way, and a ll rights appertaining
thereto unt o the Grantee, its successors , and assigns , until McCall Municipal Airport shall be
abandoned and shall cease to be used for public airport purposes . It is understood and agreed that
all provisions herein sh all run with the land and shall be binding upon the Grantors, their heirs ,
adminis trat ors , executors , successors and assigns until such tim e that the easement is extinguished.
NOTICES between the parties may b e made by personal delivery or b y United States mail,
postage pre-paid, registered or certified, with return receipt requested , or by telegram, facsimi le
transmission or mail-o-gram or by recognized courier delivery (e.g. Federal Express, UPS , DHL,
etc.) addressed to the parties, as the case may be, at the a ddress set fort h b e low or at such other
addresses as the parties m ay subsequently d esignate by written notice given in the manner provided
in this section . The parties are required to provide any change of address to each other.
Grantee:
Copy to:
A vigation Easement
September 23 , 202 1
McCall Municipal Airport
Attn: Airport Manager
2 16 E. Park St.
McCall ID 83638
City of McCall
Attn: City C lerk
Page 2 of7
Grantor
216 E. Park St.
McCall ID 83638
GFL Holdings, LLC
Attn : Natalie R. Cramblet
P .O. Box 2554
McCall , ID 83638-2554
STATE OF IDAHO )
: ss
County of Valley )
On this ~ day of ~\:,e.c , 2021 , before me, the undersigned , a Notary
Public in and for said State , personally appeared Robert S. Giles and BessieJo Wagner, the Mayor
and City Clerk , respectively of the CITY OF McCALL , IDAHO , known to me or identified to me
to be the persons whose names are subscribed to the w ithin instrument, and acknowledged to me
that they executed the same and were so authorized to do so on behalf of e Cit ofMcC 11 , Idaho .
(SEAL) SARAH EDSON
NOTARY PUBLIC· STATE OF IDAHO
COMMISSION NUMBER 20200108
MY COMMISSION EXPIRES 1-10-2026
No
GRANTOR(S) SIGNATURES ARE ON PAGE 4 OF 7
A v ig ation Ea sement
Se pte mb e r 23 , 202 l
Page 3 of7
GRANTOR:
B y: --------------------
at a lie R . Cramblet -Secretary/Treasurer
STATE OF _____ )
: ss
County of _______ )
On this __ day of ,202 1, before me, the unders igned , a Notary Public
in and for sai d State, personall y appeared Natalie R . Cramblet known to me or identified to me to
be the person whose name is su b scribed to the within in strument and acknowledged to me that h e
executed th e same as a governor on behalf of GFL Holdings , LLC.
(SEAL)
GRANTOR:
B y:------------
Aaron Cramblet -Chairman
STATE OF _____ )
: ss
County of ________ )
Notary Publi c for _________ _
Co mmis sion Ex pires : ________ _
On thi s __ day of ,202 1, before me , the undersigned , a Notary Public
in and for said State, personall y appeared Aaron Cramblet kno w n to me or identifi ed to me to be
th e perso n whose name is sub scri bed to the within in strument and acknowledged to m e that he
execut ed th e same as a governor on behalf of GFL Holdings , LL C.
(SEAL)
A v igation Easement
September 23 , 202 1
Notary Publi c for _________ _
Commission Expires: ________ _
Page 4 of 7
A p reel of 1
follows:
A.)
.)
2 .)
, Joca ed in
Exhibit "A"
Legal Description
ection 2 .1 '·t R.3 ·t B.
t 1/ co
age 25 of Su
ti n 2 t
feet th 0
rting
., arti ul rly d noed
BE G:th
I l • .. 73 .2 t l ( . tin Cl F ltz DitJ h; the e, Ion
dit ht
al ng a curve t the ri ght havin a r dius o 90 . fut, an ar I ngth f
!08 .32 feet, thr ugh a central ang le a hord b aring n
dist f .J6°39'50·E ., J 2.32 fi et; ence ,
3.) N.71°1 '23"E., "92 . 9 feet; then e.
4 .) N.71°16 '4 • ., l feet co th be in.run f t n nt curve; th n e,
ey
e
'd
5.) along id urv t the right h ving a radius of 70.00 feet, arc leo lh f
116.66 e t , thro h cen r 1 ng le f 1 °1 • 11·, and a chord bearin d
i ta of .7 23 '21 "E., 116 .36 fi t ; th nee. tangent T m said curve,
6.) N. 5°30'00 "E., 136.76 feet t th beginnin fa tan ent curve; th e,
7 .) al ng id curve to the ri t vin a radiu o 25.00 fi t, an re Jen th of
5 3 .75 feel , thr gh a centraJ an e of 78° 1 •53-, a ord bearing and
di ta co S. 5° eet; thence, tangent from id urv ,
.) ·01 · .. .1 9 feet ; then ,
9.) s . 9°16 's1·E ., 167 . 74 eet; th e,
A v iga ti on Easemen t
Se pte mb er 23 , 202 1
P age 5 of 7
10 .) 6'1 •
id ditch,
int in aid Cl
11.) 1.rr l '46"E ., 71.86 f et ; th nc , d p rtin sai ditch,
12 .)
13 .)
26'28 .. .53 [' th
l .) .6 23 '29" ., 125 .26 t; encc,
15 .) . 2 1 feet to the egin in o a n n-ran e t curv ; lhenc ,
16 .) along said cu to th right ha in ra i
72. lO eet, through a central angle o 1 °
di tance of S . 17 '2 6 .• 12 .71 ee to
11 nee,
17 .) I ng i curve lo the left havin a dius of 35 .00 eet, an ar len tho
41.9 feet, ough a cent ral angle o 6 °3 •sr. and a chord be ·n and
distance f . 7 ° I ' 7"\V ., 9.47 feet; thence, tange t fr m said curve,
18 .) S.67 °0 '57 W., 83 .51 f t to a int in said CJ ra Foltz Dit b; lh nee, alon
id ditch ,
19 .) S.2 °0 '27"E ., 222 .26 fe t lo th innin of l n nt rve ; th nee,
20.) long said curve to the right h ing a r di of 72 .00 feet, an arc le th of
191.3 fi et, through central angle I 2°17'57", and, c ord bearing a
di f . 0
' 2 W., 139. I fe t ; th • ngent fr m sa·d curve,
21.) N.50°50 '3o ·w .. 197.29 fi t to th eginning fa tangent curve; e e,
22.) alon said urve to lhe le t h in diu o 520.00 c, narc length f
91.28 feel, throu h cen r I an le of 10003 '26", and ord ing and
di tance of .55°52 ' 13 •w ., 91.16 feet; thence, tan.gene fr m · urv ,
23 . N. 5 'S ·w .. 470 . 5 eet co a p in n the e t lin o id S ction 2
chen e, along said li n Ii ,
24 .) N.0027'38 " ., 378.88 et to the
A v igati on E a se me nt
Sep temb e r 23 , 202 1
66 .88 er , more or le .
B IN .
P age 6 of7
®
0
A v igati o n Ease m ent
Septe mb e r 23 , 202 1
Exhibit "B"
Drawing of the Subject Property
P age 7 of 7