HomeMy WebLinkAbout2010-005 Easement - Hills
AVIGATION, NOISE AND HAZARD EASEMENT
INSTRUCTIONS
(For Ashland Municipal Airport)
A Obtain the following from the customer service department of a local title company:
1. Property owners' names exactlv as they appear on the last deed of record or title,
example: "John J. Doe and Mary J, Doe," not "John and Mary Doe";
2. Last instrument (recording) number;
3. Copy of an assessor's map;
4. MAP and TAX LOT NUMBER: 3'1IE~3, ;).SOO
,
B. Complete page 1 with the information obtained from a title company.
C. Sign on page 3 in the presence of a notary public. All signatures must be notarized.
D. Label the copy of the assessor's map as "Exhibit 1" and attach to the Easement.
E. Complete the contact information below.
F. Submit this completed Instructions paqe and the Easement with attached map (Exhibit 1) for
review to the Ashland Public Works Department, Director's Office, 20 E. Main Street,
Ashland, OR, 97520. Telephone: 541-488-5587.
After the Director signs the Easement, the property owners will be notified to pick up the
Easement and take it to be recorded. It is the responsibility of the property owners to provide a
copy of the recorded Easement to Jackson County Development Services, 10 S. Oakdale, Room
100, Medford OR 97501, before permits can be issued.
PLEASE PRINT:
Property Owners' Names: ~Tftfl1E.S Ii }-JILtS MvD R.E.Ef-LLA Gll8E.tU HILLS
Mailing Address (if different from property address):
Property Address: .:t I gJ.. .31 SH/I 'Iou Rt vf\.
City: ---E3SHlAND
State: 0 R.
Zip Code: q 75 2tJ
R~tlf.c.(,4 5'-// - 7:l7-~'-IIJ
Contact Phone Number(s): .JIM 5'-/1-7;).7-;).'-/13
---DO NOT RECORD THIS PAGE---
AVIGATION, NOISE AND HAZARD EASEMENT
WHEREAS, _TlbnE.~ HILLS II-NO f3F-CA<Y HILLS
hereinafter called "Grantors," are the owners in fee of that certain parcel of land situated in the
County of Jackson, State of Oregon, more particularly described in the instrument recorded as
OR :1 00' 4J.7t>~ (Volume, Page or Official Record number) of the deed records of Jackson
County hereinafter called "Grantors' Property," Map and Tax Lot Number: ~:t50l)
and outlined on the attached map, "Exhibit 1 "; and
WHEREAS, Grantors' Property is located in an Airport Concern (AC) Overlay or an Airport
Approach (AA) Overlay of Ashland Municipal Airport; and
WHEREAS, Ashland Municipal Airport ("Airport") of Jackson County, State of Oregon, is
hereinafter called "Grantee."
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, Grantors, for themselves, their heirs, administrators, executors, successors
and assigns, do hereby grant, bargain, sell, and convey unto Grantee, its successors and assigns,
for the use and benefit of Grantee, tenants and licensees of Grantee, all users of the Airport, and
the public, an easement and right of way, appurtenant to the Airport for the unobstructed use and
passage of all types of aircraft (as hereinafter defined), in and through all the airspace above the
surface of Grantors' Property to an infinite height above Grantors' Property. This easement is
effective regardless of any future changes in the volume of aircraft overflights, or changes in the
design of the Airport or in air traffic control procedures,
Said easement shall be appurtenant to and for the benefit of the real property now known
as the Airport including any additions thereto wherever located, hereafter made by Grantee or its
successors and assigns, guests, and invitees, including any and all persons, firms, or corporations
operating aircraft to or from the Airport.
Said easement and burden, together with all things which may be alleged to be incident to
or resulting from the use and enjoyment of said easement, including, but not limited to the right to
cause in all airspace above or in the vicinity of the surface of Grantors' Property such noise,
vibrations, fumes, deposits of dust or other particulate matter, fuel particles (which are incidental to
the normal operation of said aircraft), fear, interference with sleep and communication and any and
all other effects that may be alleged to be incident to or caused by the operation of aircraft over or
in the vicinity of Grantors' Property or in landing at or taking off from, maneuvering around, or
operating at or on said Airport.
Grantee, the Airport and any operator, director, or manager is hereby granted; and Grantors
do hereby fully waive, remise, and release any right or cause of action or suit which they may now
have or which they may have in the future against Grantee, its successor and assigns, due to such
noise, vibrations, fumes, dust, fuel particles and all other effects, whether at current volumes or
levels or increased volumes or levels, that may be caused or may have been caused by the
operation of aircraft landing at, or taking off from, maneuvering around, or operating at or on said
Airport,
Page 1 of 3
"Aircraft" as used herein, shall mean any and all types of aircraft, whether now in
existence or hereafter manufactured and developed, to include, but not limited to, jet aircraft,
propeller-driven aircraft, civil aircraft, military aircraft, commercial aircraft, helicopters, blimps,
balloons, gliders, ultra-lights, and all types of aircraft or vehicles now in existence or hereafter
developed, regardless of existing or future noise levels, for the purpose of transporting persons or
property through the air, by whomsoever owned or operated.
"Hazard" as used herein, shall specifically include, but is not limited to, electrical
interference with navigational signals or radio communications, other items of interference,
impaired visibility, flag poles, antennas, and bird-strike hazards,
The easement and right-of-way is for the purpose of permitting the unobstructed passage of
all aircraft, by whomsoever owned or operated, in the airspace above the surface of Grantors'
Property, together with the right to cause such noise as may be inherent in the operation of aircraft,
and the right to use such airspace for landing on, taking off from or operating at the Airport.
Additionally, this easement grants to Grantee the following continuing rights:
1. The right to prevent the erection, modification, or growth upon Grantors' Property of any
building, structure, tree, tethered balloons, kites, or other object(s), extending into the airspace
above the surface of said property, in violation of any standard, rule, or regulation established by
Federal Aviation Administration (FAA), Oregon Department of Aviation (ODA), or local ordinances;
or in vioiation of any permit issued by FAA, ODA, or Jackson County.
2, The right of ingress to, egress from, and passage over Grantors' Property to remove or lower
from said air space, at the sole option of Grantee, (at Grantors' expense), as an alternative, to
mark and light as obstructions to air navigation, any such building, structure, tree or other objects
now upon, or which in the future may be upon Grantors' Property in vioiation of any standard, rule,
or regulation established by FAA, ODA, or local ordinances: or in violation of any permit issued by
FAA, ODA, or Jackson County.
3. The right to enter upon Grantors' Property and at Grantors' expense, remove, lower, or trim any
tree or other vegetation that violates any existing or future standard, rule or regulation of FAA,
ODA, or Jackson County,
4. The right to prohibit any use of Grantors' Property that may interfere with the taking off or
ianding of aircraft at the Airport or otherwise constitutes a hazard to operations at the Airport, and,
at Grantors' expense, to enter upon Grantors' Property to abate such hazard.
AND for the consideration hereinabove set forth Grantors, for themselves, their heirs,
administrators, executors, successors, and assigns, do hereby agree that for and during the life of
said easement and right of way, they will not hereafter erect, permit the erection or growth of, or
permit or suffer to remain upon Grantors' Property any building, structure, tree or other object
extending into the airspace above the surface of said property and that they shall not hereafter use
or permit or suffer the use of Grantors' Property in such a manner as to: (a) produce glare,
(b) create electrical interference with radio communication between any installation upon said
Airport and aircraft, (c) make it difficult for flyers to distinguish between airport lights and others,
(d) permit any use of Grantors' Property that causes a discharge of fumes, dust or smoke so as to
impair visibility in the vicinity of the Airport, (e) create bird strike hazards, or (f) otherwise endanger
the landing, taking off or maneuvering of aircraft. If Grantors Property is in the Runway Protection
Zone, Grantors further agree they will not permit places of public assembly upon Grantors'
Property, such as, but not limited to, churches, schools, office buildings, shopping centers,
restaurants, child care facilities, and stadiums. Grantors furthermore waive all damages and
claims for damages caused or alleged to be caused by or incidental to such activities.
Page 2 of 3
TO HAVE AND TO HOLD said easement and right of way, and all rightsappertaining thereto unto
Grantee, its successors, and assigns, until said Airport shall be abandoned and shall cease to be
used for public airport purposes.
It being understood and agreed that the aforesaid covenants and agreements shall run with the
land and shall be binding upon the heirs, administrators, executors, successors and assigns of
Grantors until said Airport shall be abandoned and cease to be used for public airport purposes,
GRANTORS (Property Owners):
:::rt:l~ 5 ((. /-1, It f 7
By:
Date:
;( - / -10
By: Date:
STATE OF OREGON)
) ss.
County of Jackson )
Personally appeared the above named
J4.m-e.5 IZ I-J-,'tl s
and acknowledged the foregoing instrument to be his/her/their voluntary act and deed before
/~ ~ 0
me this day of febrlA1' j ,20 I
Notary Public for State of Oregon ~~ O/.4.t-~
My Commission Expires: L[19/~1t (Notary's~:re)
(Slamp)
. OFFICIAL SEAL
'. MARK H CARRIGAN
\. ./ NOTARY PUBLlC-OREGON
. .' COMMISSION NO. 416216
MY COMMISSION EXPIRES APR. 9, 2011
By:
dj)p
Date:
)
) ss,
County of Jackson )
ATTESTED BEFORE ME this S* day of
by Paula OreV/A, J\if~6Fl: DiF9ctor.
..-=-,'f'-( "o:."",,I.""""!IotRA~
Notary Public for State of Oregon
My Commission Expires: ~JofO
(Slamp) - U .
OFFICiAl SEAL
n 1i'~_Nlt~ ~, SHlPLET
N'.".1 'V.'i.::' :;.j!":-OREGON
C':':"\'Jr.-:\~_~SIGI~ !,~( fI.05584
MY COMMISSIOi'l EXPIRES MAY 2, 2010
K-b~ '
w~~-/
(Notary's ignature)
20 10
Revised 7/18/08
Page 3 of 3
CITY Of
ASHLAND
NOTICE OF TRANSMITTAL
TO:
Martha Bennett
DATE:
PROJECT:
JOB NO.:
SUBJECT:
2/312010
THE FOLLOWING ITEMS ARE BEING SENT TO YOU:
ENCLOSED x
UNDER SEPARATE COVER
REMARKS: Signature required for Avigation Easement for Development within the Airport
Overlay zone. .
COPIES TO:
Department of Public Works
By: Scott A. Fleury
Title: Engineering Technician II
PUBLIC WORKS
20 E. Main Street
Ashland, Ore9on 97520
www.ashland.or.us
Tel: 541488.5587
Fax: 541488-6006
TTY: 800-735.2900
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