HomeMy Public PortalAbout2023.06.01 Avigation Easement Leslie Roberts-001 Instrument # 457337
VALLEY COUNTY,CASCADE,IDAHO
06-07-2023 11:49:04 No.of Pages:6
Recorded for:CITY OF MCCALL
DOUGLAS A.MILLER Fee:$25.00
Ex-Officio Recorder Deputy:RR
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 Leslie Roberts (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 May 17, 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
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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
structures which create glare, lights or reflectors which might interfere with a pilot's
vision.
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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, 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.
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 with the land and shall be
binding upon 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
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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.
Grantee: McCall Municipal Airport
Attn: Airport Manager
216 East Park Street
McCall, Idaho 83638
Copy To: City of McCall
Attn: City Clerk
216 East Park Street
McCall, Idaho 83638
Grantor: Leslie Roberts
300 Krahn Lane
_McCall, ID 83638
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GRANTEE: CITY OF MCCALL, IDAHO
By: f
Jee.a.
Robert S. Giles, Mayor
Attest: )i 4 01„,i
BessieJo Wage er, City C rk
STATE OF IDAHO )
: ss
County of Valley )
On this day of .\.IA 11 t , a 0A3 , 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.
LORIAWILKINS I , /'li �(.�,1
NOTARY PUBLIC-STATE OF IDAHO Notary�1 V(.
Public for Idaho
COMMISSION NUMBER 20220789 Commission Expires: 3`1%20,8'
MY COMMISSION EXPIRES 3-1-2028
(SEAL
GRANTOR:
By: Leslie Roberts
STATE OF Idaho )
: ss
County of Valley )
On this l ('day of VV\cc y , ,023 , before me, the undersigned, a
Notary Public in and for said State, personally appeared Le,sii-e / Ober f 5 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 governor on
behalf of
S.&W)
Notary ary Public for Idaho
LORIAWILKINS Expires:Commission Ex NOTARY PUBLIC-STATE OF IDAHO p I ` C�2 rl�
(SEAL) COMMISSION NUMBER 20220789
MY COMMISSION EXPIRES 3-1-2028
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