HomeMy WebLinkAbout~Master - Avigation - Wendover Investments, Inc. Sir
0 i 541�` �"M MAY 15 1989
M IPIST.NO.
` STORY COUNTY, IOWA MAN L VANDE KAMP,Recorsk
• FILED FOR RECORD Recording Fee$ Q�
AVIGATION EASEMENT Auditor's Fee$This indenture made this 7th day of WeA AW 1989 �1989, by and
between Wendover Investments, Inc. of Riverside County of
Riverside State of California hereinafter referred to as
Grantor, and the City of Ames, 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 Airport,
situated in the said 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 Twelve Thousand
Dollars ($12,000) and other good and valuable consideration, the receipt
whereof by the Grantor is hereby acknowledged, the Grantor does hereby
grant, bargain, sell and convey into the Grantee, its successors and
assigns, for the benefit 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 over and across those parts
of the Grantor's said land which are bounded and described as follows:
BEGINNING AT THE SW CORNER, SE1/4 NWl/4 SECTION 14, T83N, R24W OF
THE 5TH P.M. ; THENCE, N00000'45"W 436.96' ALONG THE WEST LINE OF
SAID SE1/4 NW1/4; THENCE, S73021'01"E 213.181 ; THENCE,
S23046'29"W 410.96' TO THE SOUTH LINE OF SAID SE1/4 NW1/4;
THENCE, N89040'59"W 38.47' TO THE POINT OF BEGINNING. SAID
PARCEL CONTAINS 1.19 ACRES.
which tract of land is identified as Parcel E on Exhibit A attached hereto
and made a part hereof, said tract of land being hereinafter referred to as
"Parcel E", 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 of the said land
A SURFACE LONGITUDINALLY CENTERED ON THE EXTENDED RUNWAY
CENTERLINE BEGINNING AT A POINT 200 FEET BEYOND THE END OF THE
RUNWAY, AT THE SAME ELEVATION AS THE END OF THE RUNWAY, EXTENDING
OUTWARD AND UPWARD FROM A WIDTH OF 1,000 FEET TO A WIDTH OF
1,425 FEET AT AN ASCENDING SLOPE OF 34 FEET HORIZONTALLY TO
1 FOOT VERTICALLY FOR A HORIZONTAL DISTANCE OF 1,700 FEET.
And in furtherance of the said easement and right of way the Grantor, for
the considerations hereinabove set forth, does hereby grant and convey to
the Grantee, its successors and assigns, a continuing 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 or
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 effecting and maintaining such
clearances and of removing any and all obstructions which now or may
hereafter extend above the said heights.
BOOK PAGE
To have and to hold said easement and all rights appertaining 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, both for himself and his heirs, executors, administrators and
assigns 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 that extends above the
heights aforesaid, 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 airport, or as to impair visibility in the
vicinity of the airport, or as otherwise to endanger the landing,
taking-off or maneuvering of aircraft.
and 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 operation of the aforesaid Ames
Municipal Airport.
In witness whereof, the Grantor has hereunto set its hand and seal
this 7th day of Februazy 1989.
R. T. op , easur
Larry e, Press ent
STATE OF CALIFORNIA )
SS:
RIVERSIDE COUNTY)
Be it remembered that on this 7th day of February 1989,
before me a Notary Public in and for the County and State aforesaid,
personally appeared R. T. Lloyd and Larry L. White
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to me known to be the identical persons named in and who executed the
foregoing instrument and whose names are affixed td the Grant of Easement
as Grantors and acknowledged that they executed the same as their voluntary
art and .seed.
Notary Public within nd for
�;�ti Riverside County, California
-.-ice-
MY Comm. Exp.3-30-91
BM PAGE_2k-l._.
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AMES MUNICIPAL AIRPORT
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EXHBIT A
2/2/89 BOOPN.4088.15
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