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HomeMy Public PortalAbout2023.02.08 360 Ranch Avigation Easement GFL HoldingsInstrument # 455414 Recording Requested By and When Recorded Return to: City Clerk City of McCall 216 East Park Street McCall, Idaho 83638 VALLEY COUNTY, CASCADE, IDAHO 02-08.2023 10:41:23 No. of Pages: T Recorded for; CITY OF MCCALL DOUGLAS A. MILLER Fee; $28.00 Ex-Officio Recorder Deputy: RR Electronically Recorded by 5implifile For Recording Purposes Do Not Write Above This Line McCall MUNICIPAL AIRPORT SURFACE AND OVERHEAD AVIGATION EASEMENT This Easement is made July 28, 2022, 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 AGREEMENT. This Agreement consists of this "SURFACE AND VER14EAD AVIGATION 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 unto the Grantee, its successors and assigns, and to all persons lawfully using the McCall Municipal Airport, the following appurtenant rights and benefits 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 tenri "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. Avigation Easement — Page l Recording Requested By and When Recorded Return to: City Clerk City of McCall 216 East Park Street McCall, Idaho 83638 For Recording Purposes Do Not Write Above This Line McCall MUNICIPAL AIRPORT SURFACE AND OVERHEAD AVIGATION EASEMENT This Easement is made July 28, 2022, 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 AGREEMENT. This Agreement consists of this "SURFACE AND OVERHEAD AVIGATION 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 unto the Grantee, its successors and assigns, and to all persons lawfully using the McCall Municipal Airport, the following appurtenant rights and benefits 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. Avigation Easement — Page 1 Grantor further agrees to keep said property free of the following: (a) structures in violation of the height limitations set by Federal Aviation Regulation (FAR) Part 77, Objects Affecting Navigable Airspace; (b) structures that might create glare or contain lights or reflectors which might interfere with pilot vision or be misleading to pilots; (c) uses that cause a discharge into the air of fumes, dust or smoke which might obstruct visibility or adversely affect the operation of aircraft or cause any interference with navigational facilities necessary to airport operations; or (d) create or build water features or ponds that are bird attractants. Grantor, its successors and assigns, further acknowledges that the easements herein granted contemplate and include all existing and future McCall Municipal 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 Municipal Airport. Grantor, its successors and assigns, further acknowledge that operations 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, its successors and assigns, does hereby fully waive damages, claims for damages and causes of action which they may now have or which they may have in the future against Grantee, its successors and assigns, due or alleged to be due to noise, vibrations, fumes, dust and fuel particles or any other condition or effect that may be caused or may have been caused by the lawful operation of aircraft landing at, or taking off from or operating at or from or on McCall Municipal Airport. TO HAVE AND TO HOLD said easement and right of way, and all rights appertaining thereto unto 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 shall run with the land and shall be binding upon the Grantors, their heirs, administrators, executors, successors and assigns until such time that the easement is extinguished. NOTICES between the parties may be made by personal delivery or by United States mail, postage pre -paid, registered or certified, with return receipt requested, or by telegram, facsimile 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 address set forth below or at such other addresses as the parties may subsequently designate by written notice given in the manner provided in this section. The parties are required to provide any change of address to each other. Avigation Easement — Page 2 Grantee: McCall Municipal Airport Attn: Airport Manager 216 E. Park St, McCall ID 83638 Copy to: City of McCall Attn: City Clerk 216 E. Park St. McCall, ID 83638 Grantor GFL Holdings, LLC Attn: Natalie R. Cramblet P.O. Box 2554 McCall, ID 83638-2554 GRANTEE SIGNATURES ARE ON PAGE 4 OF 8 GRANTOR(S) SIGNATURES ARE ON PAGE 5 OF 8 GRANTEE: CITY OF MCCALL, IDAHO By- ; T, RobertS. Giles, Mayor Attest: J 61C BessieJo Wagner, City Clerk STATE OF IDAHO ss County of Valley On this _3_ _, day of kqq4 , 2022, before me, the undersigned, a Notary Public in and for said State, person y 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 within instrument, and acknowledged to me that they executed the same and were so authorized to do so on behalf of the City of McCall, Idaho- LORIA W1l.KINS SEAL) E[:NOTI7YRUBlIc-SrarEOFIDAHO ota Public MISSION NUMBER 20220789 OMMISSION EXPIRES 3.1-2028 Avigation Easement — Page 3 GRANTOR: By: Natalie R. Cramblet - Secretary/Treasurer STATE OF T'0 ) ss County of V`c+yylLe•1 ) On this day of v I. ,2022, before me, the undersigned, a Notary Public in and for said State, personally app ared Natalie R. Cramblet 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 as a governor on behalf of GFL Holdings, LLC. SARAH = EyOTARYi'j IC - S(SEAL) COMMOSION NUMBER21'200108 Notary Public for C. A,, a-F Mdc 10A COMINISSIL'h; ` c l 10-2026 Commission Expires: 1-1Q "ZD2t GRANTOR: By. Aaron Cramblet - Chairman STATE OFd,,lrtic ) ss County of,y ) 2 On this Liday of ,2020, before me, the undersigned, a Notary Public in and for said State, personally appeared Aaron Cramblet 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 as a governor on behalf of GFL Holdings, LLC. EaSARAH EDSON LIC - STATE OF IDAHO N NUMBER 20200108 SEAL) ON EXPIRES 1-10.2026 Avigation Easement — Page 4 Notary Public for Commission Expires: l- Lo - Z.e16 Exhibit "A" Legal Description BOUNDARY DESCRIPTION 0 RANCH SUBDIVISION A parcel of land, located in Section 28 T. M., R.3E., B.1Vl., more particularly described as follows: COMMIENCtNG at the crest Ito corner of said Section 28 as shown on a Reeord of Survey filed in Book 14 at Page 25 of Surveys, Records of Valley County, Idaho; thence, along the west line of said Section 28, A.) 5.0°27'38"W„ 125.25 feet to the POINT OF BEGINNING-, thence, departing said section line, I.) S.89056' WE., 473.28 feet to a point in Clara Foltz Ditch; thence, along said ditch, 2.) along a curve to the right having a radius of 90.00 fett, an are length of 108.32 feet, through a central angle of 69¢I 7'06", and a chord bearing and distance of N'.36039'50"1., 102.32 feet; thence, 3.) N.71018'23"E., 392.59 feet; thence, 4.) N.711116'43"E., 864.91 feet to the beginning of a tangent curve; thence, 5.) along said curve to the right having a radius of 470.00 feet, an arc length of 116.66 feet, through a central angle of 14°l 3' l7", and a chard bearing and distance of N.78°23'21"E., 116.36 feet; thence, tangent from said curve, b.) N.85030'00"E., 136.76 feet to the beginning, of a tangent curve; thence, 7.) along said curve to the right having a radius of 425.t30 feet, an are length of 583.75 feet, through a central angle of 78141'53', and a chord bearing and distance of S.55009'04"E., 538.94 feet; thence, tangent from said curve, 8.) S.1P48'07"E.., 55.19 feet; theme, departing said ditch, 9.) S_89PI6'57"E,, 167.74 feet. thence, Avigation Easement — Page 5 10.) S.0'26'28'W., 1284.56 feet to a point in said Mara Foltz Bitch; thence, along said ditch, 11.) N.7721 '46"E., 71.86 feet. thence, departing said ditch, 12,) S.0°26'28`"W., 90.53 feet; thence, 13.) N.89P52'24"W., 487.46 feet; thence, 14.) N,68023' 29"W„ 1258.26 feet; thence, 15.; N.18043'22" ., 345.21 fret to the beginning of a non -tangent curve; thence, 16.) along said curve to the right staving a radius of 68.00 feet, an arc length of 172.10 feet, through a central angle of 145"00'46", and a chord smearing and distance of S.63017'26"W., 129.71 feet to the beginning of a reverse curve; thence, M) along said curve to the left having a radius of 35,00 feet, an arc length of 41.93 feet, through a central angle of 68038'52', and a chard bearing and distance of N.78031 '37"W., 39.47 feet; thence, tangent froth said curve, 18.) S.67°08'57"W., 83.51 feet to a point in said Clara Foltz Ditch, thence, along said ditch, 19.) S.23008'27"E., 222.26 feet to the beginning of a tangent curve; thence, 20.) along said curve to the right having a radius of 72.00 feet, an arc length of 191.38 feet, through a central angle of 152"1 T57", and a chord bearing and distance of S.53000'32*W., 139.81 feet; thence, tangent from said curve, 21.) N._q°50`30'W., 197.29 feet to the beginning of tangent curve: thence, 22.) along said curve to the left having a radius of 520.00 feet, an arc length of 91.28 feet, through a central angle of 10 03'26", and a chord bwing and distance of N.55°52' 13"W., 91.16 feet; thence, tangent from said curve, 23.) N.60-53'56"W., 470.35 feet to a paint on the west line of said Section 28; thence, along said section line, 24.) N.0°27'38"E., 378.88 feet to the .POI T OF BEGINNING. CONTAIMNG 66,88 Acres, more or less. Avigation Easement - age 6 Exhibit "B" Drawing of the Subject Property RESTLI E VALLEY COUNTY, [DAHQ E N G I W E E R S PROPOSED "DivAlON STET WANES A'0 LOT SCAa E. V - XW a .434.4140 434,414b FAX _VA xiri F; AWk i Or 1 Avigation Easement — Page 7