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Home My Public Portal About2021.10.01 Avigation Easement Voicu HamblinRecording Requested By and When Recorded Return to : City Clerk City of McCall 216 East Park Street McCall , Idaho 83638 McCall MUNICIPAL AIRPORT For Recording Purposes Do Not Write Above This Line SURFACE AND OVERHEAD AVIGATION EASEMENT This Easement is made November 1, 2021 by and between the City of McCall , an Idaho municipal corporation ( called "City" in the rest of this Easement) as Grantee , and Melinda Voicu and James Hamblin, as Grantor, for and in consideration of the mutual promises , covenants , agreements and conditions in this Lease . This Lease consists of this "SURFACE 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 acknowledged, 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, sailplane/glider, lighter-than-air, civil, military or commercial aircraft ; helicopters , regardless of existing or future noise levels , for the purpose of transporting persons or property through the air, by whoever owned or operated. In granting this easement, the Grantors agree to make no modifications to the following "accepted " existing structures lying within the bounds of the easement area of the Grantors ' property without approval of the City . (See attached Exhibit B map). Page 1 of6 A v igation Easement September 23 , 2021 The Granto rs agree that during the life of this easement, the y will not construct, erect, suffer to permit or allow any structure or trees on the surface of the burdened property without approval of the City . The Grantors ma y not permit any places of public assembly or gatherings within the easement area. (Examples: churches, schools, da y care facilities, ho spitals , restaurants , stadiums, office buildings, etc.). The Grantors are permitted to continue to grow and harvest crop s or graze li ves tock in th e easement area The Grantors agree to keep the easement area free of the following : structures (permanent or temporary) that might create glare or contain misleading light s; residences , fuel handling and storage facilities and smoke generating activities and creation of any means of electrical interference that could affect th e movement of aircraft ove r the easement area . Grantors agree to waive all damages and claims for damages caused or alleged to be caused by the Grantors v iolation 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 "accepted ." Grantors agree to waive all damages and claims for damages ca used or alleged to be caused by the Grantors violation of any aspect of thi s easement document. The City has a perpetual right of ingress/egress in the easement area and the right to remove any new structure or vege tation that is not specifically mentioned above as "accepted." TO HA VE AND TO HOLD said easement and right of way, and all right s appertaining thereto unto the Grantee, it s successors, and assigns, until McCall Municipal Airport shall be abandoned and shall cease to be use d for public airport purposes . It is understood and agreed that all provisions herein shall run with the land and shall be binding upon the Grantors, their heirs , administrators , executors , successors and assigns until such time th at the easement is extinguished. NOTICES between the parties may be made by personal deli very or by United States mail , po stage pre-paid , registered or certified, with return receipt reque sted , or by tele gra m, facsimile transmission or mail-a-gram or by recognized courier delivery (e.g. Federal Express, UPS , OHL, etc.) addressed to the parties, as the case may be , at the address set forth below or at such other addresses as the parties may subsequently designat e by written noti ce given in the manner provided in this section. The parties are required to provide any change of address to each other. Grante e: Copy to : Av igat ion Easement Septe mb e r 23 , 2021 McCall Municipal Airport Attn : Airport Manager 216 E. Park St. McCall ID 83638 City of McCall Attn : City Clerk 216 E. Park St. McCall ID 83638 P age 2 of6 Grantor Melinda Voicu Grantor James Hamblin Robert S . Giles , Mayor STATE OF IDAHO ) : ss County of Valley ) On thi s _lL day of CkA::0\o-l-r-, 2021, before me , the undersign ed , 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 id entified to me to be the persons whose names are subscribed to the within instrument, and acknow ledged to me that they executed the same and were so authorized to dos on behalf of e Cit f Mc all, Idaho . (SEAL) SARAH EDSON NOTARY PUBLIC· STATE OF IDAHO COMMISSION NUMBER 20200108 MY COMMISSION EXPIRES 1-10-2026 Notary Public GRANTOR(S) SIGNATURES ARE ON PAGE 4 OF 6 Avigation Easement September 23, 202 1 Page 3 of6 GRANTORS: Melinda Voicu and James Hamblin By:------------ Melinda Voicu STATE OF _____ _., : ss County of ______ ~ On thi s __ day of , 2021, before me , the undersigned, a Notary Public in and for said State, personall y appeared Melinda Voicu known to me or identified to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. (SEAL) Notary Public for _________ _ Commission Expires: ________ _ B y: ------------James Hamblin STATE OF ------~ : ss County of ______ _, On thi s __ day of , 2021, before me, the undersigned, a Notary Public in and for said State, personall y appeared James Hamblin known to me or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. (SEAL) Avigation Easement September 23 , 2021 Notary Public for _________ _ Commission Expires : ________ _ Page 4 of6 Exhibit "A" Legal Description !}l a,ie !)e!>t:Jer QI 2:0 PM M T SKIFTUN LAND SURVEYING~ INC. LOTS -BOUNDARY -TOPOGRAPHY-ALU SUBDIVISIONS -CO TSTRUCTION -FLOOD DAD! Working hard to protect your property in.vestment! May 2 4, 2 020 Page 1 ofl D IANE DEBOER M cCALL RAl""l'CH -PARCEL 30 Situate in the SEl/4 NWl/4 Section 28, T. 18 N., R 3 E ., B.M. V alley County, I daho 32.263 Acres A parcel ofland s irua e in the SEl/4 NWl /4 , Section 28 , T . 18 ., R . 3 E., B.M., Valley County, fdab.o, more particularly described as follows: Commencing at an aluminum cap marking the Quaner Comer common to Sections 28 and 29, T. 18 )J ., R. 3 E., B .M., Valley County, Idaho, as shown on that particul ar Record of Survey, record ed as Instrument No. 365581, on Book l l , on Page 162 of S urveys, on file in the Office of the Recorder of Valley County, Idaho; thence, K. 0 °27'25" E ., 1,322.70 feet to the North I /16th Comer common to said Sections 28 and 29; thence, S . 89°59 '49" E., 1,334.57 feet to a 5 /8" rebar marking the NW I /16th Comer o f said Section 28, the REAL POINT OF BEGINNING : Thence, S . 89°59'49" E., 1,334.57 feet to a 5/8" rebar marking the CN 1/1~ Comer of said Section 28, Thence, S. 0°26'28" W., l,292.70 feet along the easterly boundary of said S El/4 NWl /4 , to a 1/2 " rebar, as shm,vn on that particular Record of Survey, r ecorded as Instrument No . 326569, on file in Book 10, on Page 60 of Survey s , in the Office of the R ecorder of Valley County, Idaho, Thence, N. 89°16'57" W ., 216.88 fee t to a 1/2 " rebar, Thence, continuing N. 89° 16'57" W ., 20.86 feet to the center line of the C lara Foltz Ditch, Thence, . 15 °48 '07" W ., 55 .20 feet along said ditch centerlin , Thence, 583.76 feet along said ditch centerline on a curve to the l eft, whose radius is 425 .00 feet, delta angl e is 78 °4 1 '53 ", and whose long ch ord bears N. 55°09 '04" W., 538 .94 feet, Thence, S. 85°30'00" W ., 136.76 feet along said ditch cente rline, Thence, 116.66 feet along said ditch centerline on a curve to the left, whose radius is 470.00 feet, delta angle is 14°13 ' 17", and wh ose long chord bears S. 78°23'21 " W ., 116.36 feet, Thence, S. 7 1 °16'43" W ., 409.5 1 feet along said ditch centerline , t o the westerly b oundary of said SEl/4 ).J"Wl/4, Thence, N. 0 °26'56" E ., 1,094.3 1 feet to the Point o f Beginning, containing 32.263 acres, more or less. B earing s b ased on GPS derived Stat e P lane Grid Azimuth, I daho West Zone (1 03). Original Signed and Filed at L o cation Below: Rod M. Skiftun -P.L.S. 9585 137 84 Highway 55 McCall, ID 83638 208-634-3696/Fa.x 208-634-8475 E-ma il : r sldftun @frontiernet.ne t Av igatio n Easem e nt September 23 , 202 1 Page 5 of6 S:KlffUN t.111<'0 S~V{YJ,.G. 'NC l )]Q4 H!~UV'A't' 55 ttc:C..._L, Ut~D 8JU8 l Ol -63,( ·)616/f"o\JC lCft~6J--4 -I.C7 !1 .- RECORD OF SURVEY TH[ McCA LL RANCH Valley County, Stale of Idaho U[BOER a d MI RROR POND, LLC Saiuo le , S.rt.io:Yls UJ and 2~, r. 18 H . R J [, 8 .U. \'O..., CoLin lJ, Idaho c:li M I l>nutt d ory Me tlon bre-c>.down Mes ~ 1da,c c/ lroY t:N<t •101 ® p,opo9i&d ac,stme-Jl-1 ""'H • e:.u~li"9 IMC:C" lines o rDUnd monume t os noied ~ folll'ld RO 'II rno,,urn,,u @ pa,,e.r pcft! 0 fOU11d bnlss cop 111tt olumu"Mlf"l'I cop 54!l 5/8'" rebor rt/ ccp louod S/8 · rebor colc. po+nt. AO l/llng 14! found olUfl'Wlum cap lound 5/8'" ,,oor loufld 5/8" robof t, ~od .u . ~""· 0 .Pro(uh!lt'l!OI LGftd s...i,,,..,'O,, do llenOy C..-i il'y I.hoc tllit plo1 ""Qt" P'"•fM'lfd (rorn ntit.H IOU'n ~ on ccti..d 5LI~, mode un<NJ "'I .-~ltct supu>,,iloOI\ .., ~-Way ol 102:0, Md rno.t ii c~lfy ,-,ttt..,11 lh1 pdnl1., CO\#'N, c,,.. d1s tonc111 c.i ntCOMecf ,n 110fd n ,ld noh•• SHEET 1 of 4