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Home My Public Portal About2024.01.03 Avigation Easement Edward Clay SzeligaInstrument # 461027 VALLEY COUNTY, CASCADE, IDAHO 01-03-2024 13:42:51 No. of Pages: 6 Recorded for: CITY OF MCCALL DOUGLAS A. MILLER Fee: $0.00 Ex -Officio Recorder Deputy: RE 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 EDWARD CLAY SZEL[GA (hereinafter "Grantor") without any duress or coercion. It is supported by good and valuable consideration, the sufficiency of which is acknowledged by Grantor. This Easement shall be effective upon the recording of the Final Plat for the Hiden Valley Subdivision, Valley County CUP No. 21-44. 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 1 Recording Requested By and When Re corded Return to : City Clerk City of McCall 2 16 East Park S tree! McCall, Idaho 83638 For Recording Purpo ses 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 EDWARD CLAY SZELIGA (hereinafter "Grantor") without any dure ss or coercion. It is supported by good and valuable consideration, the sufficiency of which is acknowledged by Grantor. This Easement shall be effective upon the recording of the Final Plat for the Hiden Valley Subdivision, Valley County CUP No. 21-44. It is permanent and non-exclusive . Grantor acknowledges that its property is located near a busy Airport which is imp o rtant both to the City of McCall and users of the Airport . Grantor furth e r 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 ri g ht s, conditions and benefits to the City of McCall and to all person s us ing the Airport without limitation to the time or frequenc y of use of the Airport: I . 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 vicinity 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, Efficient Use and Preservation of the Navigable Airspace, 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 prevent 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 2 structures which create glare, lights or reflectors which might interfere with a pilot 's v1s1on . Grantor expressly agrees for itself, its successors and assigns 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 hazard. 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. 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, du st 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. TO HA VE AND TO HOLD said Easement and right-of-way, and all rights appertaining thereto unto Grantee, its successors and assign s, 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 Grantors, their heirs , administrators, executors, s uccessors and assigns until such time that the Easement is extinguished. 3 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 , 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 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. Grantee: Copy To: Grantor: McCall Municipal Airport Attn : Airport Manager 216 East Park Street McCall , Idaho 83638 City of McCall Attn: City Clerk 216 East Park Street McCall , Idaho 83638 EDWARD CLAY SZELIGA 200 Swiftwater Blvd Cle Elum, WA 98922 4 GRANTEE: C[TY OF MCCALL, IDAHO By: ~.~kJ Roert s.ciies; Mayor ST A TE OF IDAHO ) : ss County o f Valley On this ""l~ay of :\)u.<,m\>t,T 2023, before me, the undersigned , a Notary Public Tand for said State, appeared ROBERT S . G[LES and BESS[EJO WAGNER, 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 nd were so authorized to do so on behalf of the City of McCall , [daho . LORI A WILKINS NOTARY PUBLIC -STATE OF IDAHO COMMISSION NUMBER 20220789 MY OMMISSION EXPIRES 3-1-2028 Y SZELIGA --=-----) : ss or [daho Commission Expires: 2-J, JI). f County o f I/ TI,------J On this .!{: day of '.D .._ l&,,. Q<-£ , 2023, before me, the undersigned, a Notary Public in and for said State, personally appeared EDWARD CLAY SZELIGA 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. ~.4 ::> /N~~ Comm sJOn Expi ~.\ '1d2._ '-.S. 5 MIS1Y BLACKBURN COMM. #20233695 NOTARY PUBLIC STATE OF IDAHO EXHIBIT A