HomeMy WebLinkAboutA004 - Avigation Easement dated January 29, 1980 [STORY T.No Va
M 3I FILED FOR RE60RO G?4-.J
.d- Am. FEB 2 719E0
AVIGATION EASEMENT SUSAH L.POTTER,Recorder
Dty
KNOW ALL PERSONS BY THIS INSTRUMENT : That Conservative
Mortgage Company, hereinafter referred to as GRAINTOR,. in coxisid-
eration of One Dollar and other good and valuable considera-
tion in hand paid, does hereinafter grant certain avigation
rights unto the City of Ames , Iowa, a municipal corporation,
hereinafter referred to as GRANTEE .
WHEREAS , Grantee is the owner and operator of Ames Muni-
cipal Airport, situated in the County of Story, State of
Iowa, and in close proximity to the land of Grantor as here-
inafter described, and Grantee desires to obtain and preserve
for the use and benefit of the public a right of free and un-
obstructed flight for aircraft landing upon, taking off from,
or maneuvering about the said airport;
NOW, THEREFORE, for and in consideration of the sum of
One Dollar and other good and valuable consideration, the
receipt whereof by Grantor is hereby acknowledged, the Gran-
tor does hereby grant, bargain, sell and convey unto 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
Darts of the Grantor ' s said lands which are described as fol-
lows : Lots 1 to 20 , inclusive, Southdale Fifth Addition to
Ames , Iowa; provided, however , that the air space in which
the said easement and right-of-way is herein granted shall
be that which lies above an elevation of 961. 36 grade feet
above mean sea level as established by the United States Ge-
ological Survey, and in furtherance of the said easement and
right-of-way, Grantor , for the consideration hereinabove set
forth, does hereby grant and convey to Grantee, its succes-
sors and assigns , a continuing right to keep the air space
above the aforesaid height .free and clear from any and all
fences , crops , trees , poles , buildings and other obstruc-
tions of any kind or nature whatsoever which now extend, or
which may at any time in the future extend, above the afore-
said height together with the right of ingress to , egress
from and passage over the land of Grantor first above de-
scribed for the purpose of affecting and maintaining such
clearance and of removing any and all obstructions which
now or may hereafter extend above the said height .
To have and to hold said easement and all rights apper-
taining thereto unto Grantee, its successors and assigns , un-
til said airport shall be abandoned and shall cease to be used
for airport purposes .
And for the consideration hereinabove set .forth Grantor
hereby covenants , both for itself and its heirs , executors ,
administrators and assigns , for and during the life of the
easement as follows :
(a) Grantor shall not hereafter construct , permit or
suffer to remain upon said land any obstruction that extends
above the heights aforesaid;
(b) Grantor shall make no claims or demands against the
City of Ames , Iowa, for loss or damage arising out of or caus-
ed by the normal operation of the Ames Municipal Airport .
(c) Grantor shall not hereafter use or permit or suffer
use of said land in such a manner as to create electrical or
electronic interference with radio communication or radar op-
eration between the installation upon Ames Municipal Airport
and aircraft, to make it difficult for flyers to distinguish
between airport lights and others , to result in glare in the
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Avigation Easement
Page Two
eyes of flyers using the said airport, or to impair visibility
in the vicinity of the airport, or otherwise to endan ee
landing, taking-off or maneuvering of aircraft; and thr the
said covenants and agreements shall run with the land afore-
tor, as hereinabove described,
and its successors and assi ns for the be of Grantee, ran-
of the aforesaid Ames Municipal in thetownership and operation
IN WITNESS WIaIff- day
R Grantor has caused this ins
be executed this OfJanuary, 1980 . trument to
CONSERVATIVE MORTGAGE COMPANY
By
!Attorney
Patrick Dargis
in Fact
i
STATE OF MIN1ESOTA, HENNEPIN COUNTY, SS :
On this day of January,signed, a Notary Public in and fr sa$d�StaterandeCount under-
sonally appeared E. Patrick Dargis , to me known to be the iden-
tical person named in and who executed the within and foregoing,
per-
instrument on behalf of Conservative Mortgage Company, and n
acknowledged that he executed the same as the voluntary regoing
and deed of said corporation. y act
q�n1�S ibelrE 1!
u
v� s Notary Public in an for said ,State and County
KA
AWWM
BOOK -hp-Le
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