HomeMy Public PortalAbout2023.07.13 Avigation Easement Melinda & James HamblinInstrument # 458004
VALLEY COUNTY, CASCADE, IDAHO
07-14-2023 09:41:32 No. of Pages: 8
Recorded for: CITY OF MCCALL
DOUGLAS A. MILLER Fee: $0.00
Ex -Officio Recorder Deputy: NA
Electronically Recorded by Simplifile
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
AND RIGHT-OF-WAY
This Easement and right-of-way is granted to the City of McCall (hereinafter
"City") and all future users of the McCall Municipal Airport (hereinafter "Airport") for
the purposes of flight by Melinda and James Hamblin (hereinafter "Grantor") without any
duress or coercion. It is supported by good and valuable consideration, the sufficiency of
which is acknowledged by Grantor. The effective date of this Easement is February 24,
2023. It is permanent and non-exclusive.
Grantor acknowledges that its property is located near a busy Airport which is
important both to the City of McCall and users of the Airport. Grantor further
acknowledges that the terms and conditions of this Easement are reasonable and are
aimed at the continued safe use of the McCall Airport and its users. Accordingly,
Grantor, for itself, its assigns and successors in interest grants the following appurtenant
rights, conditions and benefits to the City of McCall and to all persons using the Airport
without limitation to the time or frequency of use of the Airport:
1. The unobstructed use and passage of all types of aircraft in and
through the Airport's airspace at any height or altitude above the
surface of Grantor's land described in Exhibit A which is attached
hereto and is incorporated herein by reference. As used in this
1
Recording Requested By and
When R ecorded Return to :
City Clerk
City of McCall
216 East Park Street
McCall , Idaho 83638
For Recording Purp oses Do
Not Write Above Thi s Line
MCCALL MUNICIPAL AIRPORT
SURFACE AND OVERHEAD AVIGATION EASEMENT
AND RIGHT-OF-WAY
This Easement and right-of-way is granted to the City of McCall (hereinafter
"City") and all future u sers of the McCall Municipal Airport (hereinafter "Airport") for
the purposes of flight by Melinda and James Hamblin (hereinafter "Grantor") wi thout any
duress or coercion. It is supported by good and va luable consideration, the sufficiency of
which is acknowledged by Grantor. The effective date of this Easement is February 24 ,
2023. It is permanent and non-exclusive.
Grantor acknowledges that its property is located near a busy Airport which is
important both to the City of McCall and u sers of the Airport . Grantor further
acknowledges that the terms and conditions of this Easement are reasonable and are
aimed at the continued safe use of the McCall Airport and its users. Accordingly ,
Grantor, for itself, its assigns and successors in interest grants the following appurtenant
rights, conditions and benefits to the City of McCall and to all persons u sing the Airport
without limitation to the time or frequency of use of the Airport:
1. The unobstructed use and passage of all types of aircraft in and
through the Airport's airspace at any height or altitude above the
surface of Grantor's land described in Exhibit A which is attached
hereto and is incorporated herein by reference . As used in this
Easement , the term "aircraft" means devices designed to transport
persons or property through the air including, but not limited to ,
those which are propelled by jet(s) or propeller, whether civil or
military , commercial , public or privately owned. The term
"aircraft" also includes sailplanes , gliders , lighter-than-air balloons
and helicopters .
2 . 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 v icinity of the Airport .
3. The right of said aircraft to utilize the Airport or the airspace
surrounding it without respect to the frequency of use, the time of
day or night , the height above the ground used by said aircraft , the
type of aircraft and the proximity of flight near or over Grantor 's
property burdened by this Easement.
Grantor, on behalf of itself and its assigns and successors in interest, will , as a
material part of this Easement provide a copy of this Easement to all of its assigns and
successors in interest before the passing of title .
Grantor further expressly agrees for itself, its successors and assigns to restrict the
height of structures , objects of natural growth and other obstructions on Grantor 's
Property to a height in compliance with Title 14 CFR Part 77 , Safe, Effici ent Us e and
Pres erva tion of th e Na vigable Airspa ce, as amended from time-to-time , and to file with
the FAA a Form 7460-1 when required by the United States Code of Federal Regulations .
This Easement and right-of-way additionally grants to Grantee the continuing
right to prev ent the erection or growth upon Grantor 's Property of any building, structure ,
tree , machine or other object that extends into the airspace above said Property in excess
of the heights allowed by the United States Code of Federal Regulations or objects or
structures which create glare , lights or reflectors which might interfere with a pilot's
VlSlOn.
2
In the event a tree or tree extends into the airspace , as determined by FAA LID AR
survey , the Airport will first strive to work with the owner of the property to mitigate the
hazard , with the removal of the tree(s) as the la st option , seeking other option s first , such
as tree topping , thinning , or other arborist approved methods designed to remove the
intrusion into th e airspace while preserving the tree.
Grantor expressly agrees for itself, its successors and ass igns to prevent any use of
Grantor's Property which would interfere with landing or taking off of aircraft at the
Airport, or otherwise constitute an Airport haz ard . Such hazards include uses that create
electrical interference with navigational signals or radio communication between the
Airport and aircraft , make it difficult for pilots to distinguish between Airport lights and
other lights , result in glare in the eyes of pilots using the Airport , impair visibility in the
vicinity of the Airport , create or build water features or ponds that are bird attractants
which may cause bird strike hazards , or otherwise in any way endanger or interfere with
the landing, takeoff or maneuvering of aircraft intending to use the Airport . Natural water
features that exist on the property as of the signing of this agreement will be allowed to
remam so long as they are not expanded or enlarged and do not become waterfowl
attractors .
Grantor and its successors and assigns does hereby fully waive damages , claims
for damages and causes of action , including injunctive relief, which they may now have
or which they may have in the future against Grantee and the Airport users 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 , taking off from or operating at , near or from the Airport.
3
TO HAVE AND TO HOLD said Easement and right-of-way , and all rights
appertaining thereto unto 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 w ith the land and shall be
binding upon Grantors , their heirs , administrators , executors , successors and as signs 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 , facsimi le tran smission 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 b y written notice given in the manner provided in this section. The parties are
required to pro v ide any change of address to each other.
Grantee :
Copy To:
Grantor:
McCall Municipal Airport
Attn: Airport Manager
216 East Park Street
McCall , Idaho 83638
City of McCall
Attn: City C lerk
216 East Park Street
McCall , Idaho 83638
Melinda and James Hamblin
PO Box 3091
McCall, ID 83638
4
GRANTEE: CITY OF MCCALL, IDAHO
By: .(i&~u~
Rooert S . Giles , Mayor
STATE OF IDAHO )
: ss
County of Valley )
On thi s _l]L day of -~\ ~ , ;i O:l 3 , before me, the undersigned, a
Notary Public in and for said State, 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 .
(SEAL)
GRANTOR:
LORI A WILKINS
NOTARY PUBLIC· STATE OF IDAHO
COMMISSION NUMBER 20220789
MY COMMISSION EXPIRES 3-1-2028
By: 1&t 11t&J~
STATE OF ~,i ci.h o
County of VC\.11 e. y
)
: ss
)
'd~a . ~J l2k
N'ts'tary Public for Idaho
Commission Expires : .3 -I -:2 o ~ g"
On thi s _k__ day of yY) ~ r c.h , ).., o ..Z.3 , before me, the undersigned , a
Notary Public in and for said State, personally appeared r'.l e J,·nd t? Ho.rn1/i n 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/she executed the same . as-a-guvemurorr
-b.@half e,f -------------
LORI A WILKINS
NOTARY PUBLIC· STATE OF IDAHO
COMMISSION NUMBER 20220789
( S EAL) l..iiiiiiiMYiiiiiiiCOMiiiiiiMiiilSSiiilONiiiiiiiEXPiiiiiiilREiiiiiiS 3-iii1iii.2iii02iiiS iiiiiii.
Notary Public for Idaho
Commission Expires: 3 -/ -).P "1{ 8'
5
G~'FOR: 85--c/~
STATE OF ·J "' "'-~ o )
: ss
County of 'V '"'' "-\../ )
On this Jl day of J I.IL\\. , 11 ~3 , before me, the undersigned , a
Notary Public in and for said State, ersonally appeared James Hamblin known to me or
identified to me to be the persons whose names are subscribed to the within instrument,
and acknowledged to me that he/she executed the same.
LORIAWIU<Jr,s
NOTARY PUBLIC· STA'fE OF IDAHO
COMMISSION NUMB ER 2022v i 89
MY COMMISSION EXPI RES 3-1-2028 (SEAL)~iiiiiiiiiiiiiiiiiiiiiiiiiiii~~~~..!I
~·,a.u~
~~ry Public for Idaho .
Commission Expires: 3 -/-~6 ::Z fr'
2·0 PM M DT
E xhibit "A"
Legal Description
SKI.FIVN LAND SURVEYING, INC.
LOTS -BOUNDARY -TOPOGRAPHY-ALDI.
SUBDIVISIONS -CONSTRUCTION -FLOOD DATA
Working hard to pro tect your property irwesbn.ent!
May 24, 2020 Page 1 ofl
DIANE DEBOER
McCALL RANCH -PARCEL 30
Situate in the SEl/4 NW1/4
Section 28, T. 18 N., R 3 E., B.lVL
Valley County, Idaho
32 .263 Acres
A parcel ofland s iruate in the SEl/4 NWl /4 , Section 28, T. 18 N., R . 3 E., B .M., Valley County, Idaho, more
particularly described as follows:
Commencing at an aluminum cap marking the Quaner Corner common to Sections 28 and 29, T. 18 •. , R. 3 E.,
B .M., Valley County, Idaho, as shov.n on that particular Record of Survey, recorded as Instrument No. 36558 I,
on Book l l, on Page 162 of Surveys, 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 1/16"' 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 1/16L" Corner of 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 1/16"' Comer of said Section 28,
Thence, S . 0°26'28" W., 1,292.70 feet along the easterly boundary of said SE l/4 :NWl /4, to a 1/2" rebar,
as sh own on that particular Record of Survey, recorded as Instrumen t No . 326569, on file in
Book 10, on Page 60 of Surveys, in the Office of the Recorder of Valley County, Idaho,
Thence, N. 89°16 '57'' W., 216.88 feet to a 1/2" rebar,
Thence, continuing N . 89° 16' 57'' W., 20.86 feet to the center line of the Clara Foltz Ditch,
Thence, r . 15°48'07" W., 55.20 feet along said di tch centerline,
Thence, 583.76 feet along said ditch centerline on a curve to the left, whose radius is 425.00 feet, delta
angl e i s 78°41 '53", and whose long chord bears N. 55°09 '04 " W., 538 .94 feet,
Thence, S. 85°30 '00" W ., 136.76 feet along said ditch centerline,
Thence, 116.66 feet along said ditch centerline on a curve to the left, whose radius i s 470.00 feet, delta
angle is 14°13 ' 1 T', and whose long chord bears S. 78°23'21" W ., 1 16 .36 feet,
Thence, S. 71 °16 '43" W ., 409 .5 1 feet along said ditch centerline, to the westerly boundaI)· of said SEl/4
~-Wl/4,
Thence, N. 0 °26'56" E., 1,094.3 1 feet to the Point of Beginning, containing 32.263 acres, more or less.
Bearings b ased on GPS derived State Plane Grid Azimuth, Idaho West Zone (1 03).
Original Signed and Filed at Location B e lo w:
Rod M. Skiftun -P.L.S. 9585
137 84 Highway 55 McCall, ID 83638
208-634-3696/Fax 208-634-8475
E-mail: rskiftun@frontiernet.net
Av igati on Easement
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