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Home My WebLink About~Master - Avigation - Clyde Black & Son, Inc. ,h 05626 5' + a } rwsT moo. STORY COUNTY,{OWA '1i 7 FILED FOR RECORD day a 19 ____ '�yiw -AM FEB 1991 -- M cam AVIGATION EASEMENT BY SUSAN L YAi E Recording Fee$ This Indenture made this day of JanuaryAugW#fe4 ,_.....� between Clyde Black & Son, Inc. , an Iowa Corporation, with its principal place of business in Story County, State of Iowa (hereinafter referred to as Grantor ) , and the City of Ames, Iowa, a Municipal Corporation, organized and existing under the laws of the State of Iowa (hereinafter referred to as Grantee) . WITNESSETH: WHEREAS, the Grantee is the owner and operator of the Ames Municipal Airport , located in the County of Story, State of Iowa, and in close proximity to the land of the Grantor as hereinafter described and the Grantee desires to obtain and preserve for the use and benefit of the public a right of free and unobstructed flight for aircraft landing upon, taking off from, or maneuvering about the said Airport . NOW THEREFORE, for and in consideration of the sum of Seven Thousand Five Hundred Dollars ( $7, 500.00) , and other good and valuable consideration, the receipt whereof by the Grantor is hereby acknowledged, the Grantor does hereby grant , bargain, sell and convey unto the Grantee, its successors and assigns , for the benefit only of the general public at large, an easement and right of way for the free unobstructed passage of aircraft, by whomsoever owned or operated, in and through the air space only over and across those parts of the Grantor ' s said land which are bounded and described as follows : See Exhibit "A" attached to by reference incorporated and made a part hereof which shows the area (air space) for which this Easement is granted . The tract of land is identified as Parcel "F" on said Exhibit "A" attached hereto and made a part hereof, said tract of land (Parcel "F" ) being hereinafter referred to as "Parcel F" . Provided, however, that the air space in which the said Easement and right of way is herein granted shall be that which lies above the following heights above the present surface and described as follows: On the north end of said area, at elevation 167.8 City Datum (991 .4 USGS ) and sloping to a height and elevation of 181 .8 City Datum ( 1004.4) at the south end of the property which is the subject of the Easement . BOOK PAGE� d And in furtherance of the said Easement and right of way the Grantor, for the considerations hereinbefore set forth, does hereby grant and convey to the Grantee, its successors and assigns, a con- tinuing right to keep the air space above the aforesaid heights clear and free from any and all fences, crops , trees, poles , buildings , and other obstructions of any kind of nature whatsoever which now extend, or which may at any time in the future extend, above the aforesaid heights of land, together with the right of ingress to, egress from, and passage over the land of the Grantor first above described for the purpose of affecting and maintaining such clearances and of removing any and all obstructions which now or may hereafter extend above the said heights . To have and to hold said Easement and all rights which pertain thereto unto the Grantee, its successors and assigns , until said Airport shall be abandoned and shall cease to be used for airport purposes . And for the consideration hereinabove set forth, the Grantor hereby covenants, for and on behalf of said Corporation and its successors in interest and/or assigns, if any, for and during the life of this Easement, as follows: (a) Grantor shall not hereafter construct, nor permit nor suffer to remain upon said land any obstruction which extends above the heights aforesaid as said heights per- tain to the portion of the property to which this Easement has been given, and, (b) Grantor shall not hereafter use or permit, or suffer use of the land first above described in such a manner as to create electrical interference with radio communication between the installation upon the Ames Municipal Airport and aircraft or as to make it difficult for flyers to distinguish between airport lights and others , or as to result in glare in the eyes of flyers using the said air- port, or as to impair visibility within the area of the Easement, or as otherwise to endanger the landing, taking- off, or maneuvering of the aircraft by the use of the Easement Area which will be owned by the Grantor and/or its successors and assigns . The aforesaid covenants and agreements shall run with the land of the Grantor, as hereinabove described, for the benefit of the Grantee, and its successors and assigns in the ownership and opera- tion of the aforesaid Municipal Airport of the City of Ames , Iowa. w -2- K.% 0 PAGE_L , IN WITNESS WHEREOF, the Grantor has hereunto set its hand and seal this 7 day of January, 1991 . CLYDE BLACK & SON, INC. + , e .0 Larry D. B1 ck, Its President J e F o rcm.oa•ax..11 a By, a Nancy Mueller, Its Secretary -3- BEAK ,3�PAGE STATE OF IOWA ) ss COUNTY OF STORY ) Be it remembered, that on this day of January, 1991 , before me, a Notary Public in and for the State of Iowa, personally appeared Larry D. Black , to me personally known, who, being by me duly sworn, did say that he is the President of said Corporation executing the within and foregoing instrument, that the seal affixed hereto is the seal of said Corporation, that said instru- ment was signed and sealed on behalf of said corporation by authority of its Board of Directors ; and that the said President as such officer acknowledged the execution of said instrument to be the voluntary act and deed of said Corporation, by it and by him voluntarily executed. ROBERT OWEN.4 ` ry 't MIA*A ISMON EKH _ .. 7 N tary Public in and for the State of Iowa -4- @(OK ZL� PAGE STATE OF MISSOURI ) ss COUNTY OF S�cPC<oN ) Be it remembered, that on this ��fr1 day of January, 1991, before me, a Notary Public in and for the State of Missouri , per- sonally appeared Nancy Mueller, to me personally known, who, being by me duly sworn, did say that she is the Secretary of said Corporation executing the within and foregoing instrument , that the seal affixed hereto is the seal of said Corporation, that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said Secretary as such officer acknowledged the execution of said instrument to be the voluntary act and deed of said Corporation, by it and by her voluntarily executed. Notqty Public i an for e State of Mis ouri SP •* yq`` ^. ^sir- ,`t 1 t S I i7 Pjc. '.' ' r' 'yP-1 Du i;• a nfCfar t ✓/��,� Tel 4 ,[arJ � in ac;,son Cc.unty 10y COGIMisslon Eapiius July 1, 1994 -5- WOK- PAGE ACCEPTANCE OF EASEMENT The undersigned, as Mayor of the City of Ames , Iowa, and Nancy Dionigi , as City Clerk, acknowledge that the City Council of the City of Ames , Iowa, has by Resolution #91-36 dated the 5th day of February , 1991 , accepted this Avigation Easement from the Grantor, Clyde Black & Son, Inc. , an Iowa Corporation, and agree, by acceptance of the Avigation Easement to the terms , con- ditions and provisions of said Avigation Easement . Dated this 5th day of February, 1991, in the City of Ames, Story County, Iowa. CITY OF AMES , IOWA If S y• d°^ a x Larry R. Cur is , Its Ma a a wt. '4 ' r1 Attest : , R ` w� q ,X»R' I•:r... ^ 11FF V City Clerk WOK PAGE -6- EXHIBIT "P: CLEAR ZONE I • �+J 1 ` 400 1000' X 2500' X 1750 i• 50:1 PRECISION APPROACH I I I I 0 / N25°IO`50"� z sj PARCEL CLYDE BLACK & F SONS, INC. CLEAR ZONE APPROACH AT SOUTH ENO OF RUNWAY 1/19 AMES MUNICIPAL AIRPORT 1010 ELEV.= 1004.4' 1000 4- ROAD / 990 99Ea'_ 980 50.1 APPROACH SURFACE-�* / PROFILE OF / WEST PROPERTY LINE 970 END RUNWAY EXISTING TERRAIN --� 960 ELEV:=955.33' OF EXTENDED CENTER- LINE RUNWAY 1/19 DRAINAGE DITCH ELEV. = 954' 950 / 200' 2500' 940 BOOK PAGE