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Section 2: Avigation Easements - Various Samples

Sample Avigation Easement. (click in image to see full-size image) Anchor: #i999028grtop

Figure 6-1. Sample Avigation Easement.

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Legal Description of Survey Sketch

SAMPLE FORMAT

AVIGATION EASMENT STATE OF TEXAS KNOW

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ALL BY THE PRESENTS

COUNTRY OF _______________________

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WHEREAS:______________*name*______________of the County of _________________, State of Texas, hereinafter referred to as Grantors, whether one or more, are the legal owners in fee of that certain parcel of land more particularly described as follows:

See Attached Exhibit “A” (Legal Description)

NOW THEREFORE, in consideration of the total sum of __________________________ dollars ($x,xxx.xx) and other good and valuable consideration in hand paid, the receipt and sufficiency of which is hereby acknowledged, the Grantors, for themselves, their heirs, administrators, executors, successors and assigns, do hereby grant, bargain, sell and convey unto *City/County of * hereinafter referred to as Grantee, its successors and assigns, for the use and benefit of the public, as easement and right of way, appurtenant to *name airport*, hereinafter referred to as Airport, for the unobstructed use and passage of all types of aircraft whether now in existence or hereafter manufactured and developed, to include, but not be limited to, jet aircraft, propeller driven aircraft, civil aircraft, military aircraft, commercial aircraft, helicopters and all types of aircraft or vehicles now in existence or hereafter developed, regardless of existing of future noise levels, for the purpose of transporting persons or property through the air by whomsoever owned or operated, in and through the air space above Grantors property above an imaginary plane rising and extending in a generally ____________ direction over Grantors property, said imaginary plane running from approximately ______ feet Mean Sea level above Point _________ on Exhibit _________ at the rate of one foot vertically for each __________ feet horizontally to approximately feet Mean Sea level above point _______ on Exhibit _____, to an infinite height above said imaginary plane, to an infinite height above Grantors property, as well as in the vicinity of Grantors property, with such use and passage to be unlimited as to frequency, type of aircraft and proximity.

Said easement shall be appurtenant to and for the benefit of the Airport, including any additions thereto wherever located, hereafter made by Grantee or its successors and assigns, guests, and invites, 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 air space above or in the vicinity of the surface of Grantors property such noise, vibrations, flume, deposits or dust or other particulate matter; fuel particles (which are incidental to the normal operation of said aircraft), fear interference with sleep and communication, and d 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, or operating at or in said Airport; and Grantors do hereby fully waive remise and release any right or cause of action 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 that may be caused or may have been caused by the operation of aircraft landing at, or taking off from, or operating at or on said Airport.

The easement and right of way hereby granted includes the continuing right of Grantee to prevent the erection or growth upon Grantors property of any buildings structure, tree or other object extending into the air space above the aforesaid imaginary plane; and to remove from said air space, or at the sole option of Grantee, 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, together with the right of ingress and egress over Grantors remaining property for the above purpose.

TO HAVE AND TO HOLD said easement and right of way, and all rights appertaining thereto unto Grantee, its successors and assigns, until said Airport shall be abandoned and shall cease to be used for the consideration herein above set forth, the 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, Grantors 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 aforesaid prohibited air space, and that they shall not hereafter use or permit or suffer the use of Grantors property in such a manner as to create electrical interference with radio communications between any installation upon said Airport and aircraft, or as to make it difficult for flyers to distinguish between airport lights and others, or to permit any use of the Grantors land that causes a discharge of fumes, dust or smoke so as to impair visibility in the vicinity of the Airport or as otherwise to endanger the landing, taking off or maneuvering of aircraft. Grantors further waive all damages and claims for damages caused or alleged to be caused by or incidental to such activities.r public purposes.

IN WITNESS WHEREOF Grantors have set their hands and seals this ______________ day of __________, 20

_________________________ (owner signs on line)

_________________________ (owner name printed/typed on this line)

(add lines for each additional owner as required)

Sample Avigation Easement. (click in image to see full-size image) Anchor: #i999023grtop

Figure 6-2. Sample Avigation Easement.

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Field Notes

CLINTON AVIGATION EASEMENT

FIELD NOTES

DESCRIBING THE BOUNDARIES OF AN AVIGATION EASEMENT UPON AND ACROSS A 260(±) ACRE TRACT OF LAND OUT OF THE A.B. FRIENDS SURVEY, DESCRIBED AS TRACT 1 IN A DEED TO CLINTON RECORDED IN VOLUME 222, PAGE 666 OF THE TEXAS COUNTY DEED RECORDS; SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING for reference at an iron rod set at the Northeast corner of the aforesaid 260 acre tract;

THENCE S 16° 21' 23 W, 4,118.13' to an iron rod set in the East line of said 260 acre tract at the POINT OF BEGINNING of the herein described 16.23 acre easement;

THENCE S 16° 21' 23" WI a distance of 1,314.39' to an iron rod set;

THENCE N 82° 07' 43" W, a distance of 544.02' to an iron rod set;

THENCE N 16° 24' 08" 5, a distance of 1,381.96' to an iron rod set;

THENCE S 07° 52' 17" v a distance of 66.67' to an iron rod set;

THENCE S 82° 07' 43" E, a distance of 532.96' to the POINT OF BEGINNING, containing 16.23 acres, more or less.

TIM SURVEYOR

Registered Professional Land Surveyor # XXXX

Date: 6/1/2004

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Avigation Easement

TIM SURVEYOR

Registered Professional Land Surveyor

P. O. Box 123 Somewhere, Texas 12345

(555) 555-5555

EXHIBIT A

PARCEL NUMBER 4I

AVIGATION EASEMENT

RAILROAD COMPANY SURVEY, A-1

TEXAS COUNTY, TEXAS

Being a 0.871 acre (37956.9 sq. if) avigation easement situated in a 2.869 acre tract of land which was conveyed to Laura Ingalls and Herman Melville as recorded in Volume 555, Page 999, Texas County Deed Records (TCDR), and being situated in the SW 1/4 of Section 7, Block "B" East of the Big Winding River, Railroad Company Survey, A-1, Texas County, Texas, said 0.871 acre avigation easement being more particularly described by metes and bounds as follows;

COMMENCING FOR REFERENCE at a fence corner post found at the northeast corner of the above mentioned 2.869 acre tract, same being the southeast corner of a 0.5 acre tract which was conveyed from Ronald Reagan to Donald Trump, by an instrument recorded in Volume 222, Page 111, TCDR, said fence corner post also being on the west boundary line of a 6.69 acre tract which was conveyed from Walter Mondale, et ux to George Bush, et ux by an instrument recorded in Volume 222, Page 444, TCDR

THENCE N 89° 23' 08" W, along the common line between said Ingalls and Trump tracts, 37.02 feet to a 1/2" iron rod set, and the PLACE OF BEGINNING of the herein described tract;

THENCE S 6° 18' 00" W, a distance of 304.39 feet to a 1/2" iron rod set for corner, on the south boundary line of said 2.869 acre tact, same being the north boundary line of a called 2 acre tract which was conveyed from Forrest Gump, et ux to Jimmy Carter, et ux by an instrument recorded in Volume 888, Page 333, TCDR, a fence corner post found at the southeast corner of said 2.869 acre tract bears, N 89° 54' 23" E, 65.76 feet,

THENCE S 89° 54' 23" W, along the common line between said Ingalls and Carter tracts, 125.16 feet to a 1/2" iron rod set for corner;

THENCE S 89° 54' 23" W, along the common line between said Ingalls and Carter tracts, 125.16 feet to a 1/2" iron rod set for corner;

THENCE N 6° 18, 00" E, a distance of 305.94 feet to a 1/2" iron rod set for corner on the north boundary line of said 2.869 acre tract, same being the south boundary line of a 0.5 acre tract which was conveyed from Karl Malone, et ux by an instrument recorded in Volume 535, Page 888, TCDR, same being the north boundary line of said Ingalls 2.869 acre tract;

THENCE S 89º 23' 08" E along the south boundary line of said Malone tract, at 55.50 feet pass a fence corner post found at Malone’s southeast corner, and continuing now along the south boundary line of the aforementioned Trump 0.5 acre tract, for a total distance of 124.39 feet to the PLACE OF BEGINNING and containing 0.871 acres (37956.9 sq. ft.) of land.

The bearings herein recited are based on the bearing of runway 13-31 as shown on a plan entitled "Airport Layout Plan" by Big Engineering Consulting Engineers dated June 2003.

To all parties interested in title to the premises surveyed, I do hereby certify that the above legal description and corresponding plat were prepared from public records and from an actual survey made on the ground under my supervision on April 20-24, 2004, and that same correctly reflects the facts as found at the time of said survey.

TIM SURVEYOR

Registered Professional Land Surveyor # XXXX

Date: 5/1/2004

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Avigation Easement

July 18, 1994

CITY OF SOMEWHERE

2.51 ACRES OF LAND (Revised 8/18/94)

PROPOSED AVIGATION EASEMENT

A. LOTTALAND GRANT, A-2

TEXAS COUNTY, TEXAS

All that certain lot, tract or parcel of laud being situated in the A. Lottaland Grant, A- 2, Texas County, Texas and being a part of the A. N. Smith tract as recorded in Volume 222, Page 555, Deed Records, Texas County, Texas and being more particularly described as follows;

BEGINNING at the SEC of a 2.371 acre tract deeded to the City of Somewhere as recorded in Volume 481, Page 93. Deed Records, said 2.371 acres being out of the Somewhere Industrial Foundation 20.571 acre tract recorded in Vol. 485, Page 420, and being on the NBL of the Thomas Jefferson tract;

THENCE N 88 deg. 50' 02" E along the SBL, of the 2.371 acre tract and the NBL of the Jefferson tract, a distance of 266.36 feet to this NEC and POINT OF BEGINNING and being the NWC of the Thomas Jefferson tract as recorded in Vol. 444, Page 666;

THENCE S 00 deg. 42' 20" E, a distance of 572.49 feet along this EBL and the WBL of said Jefferson tract;

THENCE N 89 deg. 45' 33" W, a distance of 220.61 feet;

THENCE N 05 deg. 57 03" E, a distance of 602.73 feet to this NWC, being on the SBL of Tract I, deeded to the City of Somewhere from A. N. Smith, recorded in Vol. 444, Page 111;

THENCE S 79 deg. 50' 02" E, along the SBL of the above referenced Tract I, a distance of 153.55 feet to the SEC of said Tract I and the SWC of the 2.371 acre tract, referenced above and the POINT OF BEGINNING, containing 2.51 acres.

I, Tim A. Surveyor, hereby certify this description was prepared from a survey made on the ground under my direction, in February and June, 2004, and accurately represents the results of said survey.

Witness my hand and seal this the 18th day of July 2004

TIM SURVEYOR

Registered Professional Land Surveyor # XXXX

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Field Notes

TIM SURVEYOR

Registered Professional Land Surveyor

P. O. Box 123 Somewhere, Texas 12345

(555) 555-5555FIELD NOTES 2.493 ACRE TRACT

PROPOSED AVIGATION EASEMENT

All that certain 2.523 acre tract of land situated in the A. FIRST SURVEY, 4-3 of Texas County, Texas and being a part of a called 513.9 acre tract described in deed to A. N. Smith as recorded in Volume 936 Page 6532 of the Texas County, Deed Records, said tract being further described as follows;

BEGINNING at a bent 1 inch galvanized flat iron found on the East line of said called 513.9 acre tract and being called to be S 00º 33' 43" E 253.43 feet and S 01° 12' 46' E 283.56 feet from the Northeast corner of said 513.9 acre tract and being the Southeast corner of a called 4,212 acre tract described as the First Tract in deed from A.N. Smith to the City of Somewhere as recorded in Volume 234 Page 637 and being the Northwest corner of a called 25.636 acre tract described in deed to Thomas William Smith, et ux Linda F. Smith as recorded in Volume 234 Page 452 and being the Southwest corner of a called 5.245 acre tract described in deed to the City of Somewhere as recorded in Volume 525 Page 42 of the Deed Records, of Texas County, Texas;

THENCE S 10º 36' 24' E (bearing by solar observation) along the East line of said called 513.9 acre tract 284.52 feet to a 3/8 inch steel rod set for a corner;

THENCE N 35º 26' 52" W into said 513.9 acre tract 629.62 feet to a 3/8 inch steel rod set for corner;

THENCE N 05º 22' 49" E 625.35 feet to a 3/8 inch steel rod set on the South line or said called 4,212 acre tract;

THENCE S 82º 28' 35" E along the South line of said 4,212 acre tract 126.35 feet to the point of beginning and containing 2.523 acres of land.

I do hereby certify these held notes to be true and correct and to represent a ground survey completed March 5, 2005.

TIM SURVEYOR

Registered Professional Land Surveyor # XXXX

Date: 4/1/2005

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