HomeMy WebLinkAboutA002 - Avigational Easement dated July 13, 1998 e
99 - 00732
MIAIS T.S OAY COUNTY,IOWA
D FILED FOR RECORD
AM JA N 18 1999 PM
SUSAN L.VANDE KAMP,ReeO'M
R=MNO FEE
RETURN TO: XWMFMS
SPACE ABOVE RESERVED FOR RECORDER
INSTRUMENT PREPARED BY: David W. Benson,P.O. Box 270,Ames IA 50010(Tel:515-239-5000)
AVIGATIONAL EASEMENT
KNOW ALL PERSONS BY THIS INSTRUMENT:
That for good and valuable consideration, the receipt of which is hereby acknowl-
edged, AIRPORT ROAD DEVELOPERS, L.C. (the "Grantor"), does hereby grant a
permanent Avigational Easement to the City of Ames, Iowa, authorized by law to own
and operate Ames Municipal Airport, for the use of"Navigable Airspace" as defined by
the Federal Aviation Act of 1958, over real estate legally described as follows:
Parcel "F" in the Southwest Quarter of Section 14, Township 83 North,
Range 24 West of the 5th P.M., in the City of Ames, Story County, Iowa,
as shown on the "Plat of Survey" filed in the office of the Recorder of
Story County, Iowa, on the 27th day of May, 1997, and recorded as in-
strument#97-05150 in Book 14 at Page 210;
and to be known as AIRPORT ROAD SUBDIVISION, AMES, STORY
COUNTY, IOWA.
By virtue of this easement, the grantor, for and on behalf of itself and all succes-
sors in interest to any and all of the real property above described, waives as to the City
of Ames, Iowa, only, any and all claims for damage of any kind whatsoever incurred as a
result of aircraft using the "Navigable Airspace" granted herein. This easement does not
grant or convey any surface use rights, nor is it to be construed to grant any right to pri-
vate persons or corporations.
As used in this instrument, the terms "Navigable Airspace" shall mean airspace
above the minimum altitudes of flight prescribed by regulations issued under the Federal
Aviation Act of 1958, Section 101 (24) 49 U.S. Code 1301, and shall include airspace
needed to ensure safety in the take-off and landing of aircraft.
To have and to hold said easement forever.
IN WITNESS REOF: The grantor has caused this instrument to be signed
this 3 day of�� 1998.
Aairr.016
-2 -
GRANTOR:
AIRPORT ROAD DEVELOPERS, L.C.
By
MA VIN UIALTER, Manager
STATE OF IOOWA,, COUNTY OF STORY, SS:
On J(1! y 13 , 1998, before me the undersigned, a Notary Public in and
for said state, perso allh y appeared MARVIN J. WALTER to me personally known, who,
being by me duly sworn, did say that the person is a Managers of said LIMITED LI-
ABILITY COMPAN 1Y executing the foregoing instrument; that NO SEAL has been
procured by the said limited liability company; that said instrument was signed on behalf
of said limited liability company by authority of its manager and the said MARVIN J.
WALTER acknowledged the execution of said instrument to be the voluntary act and
deed of said limited liability company by it vol tarily executed.
Notary Public
99 - 00732 ( Z)