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