HomeMy WebLinkAbout8001290526 AVIGATION EASEMENT 012980AVIGATION EASEMENT
BURLINGTON NORTHERN INC., a Delaware corporation, hereinafter called
"Grantor", grants to the CITY OF AUBURN, a municipal corporation of the State
of Washington, an avigation easement for the unobstructed passage of aircraft
above the following described land situated in the City of Auburn, County of
Kmq, .`".tat-e of Washington, at elevations hereinafter described:
That portion of Grantor's ownership in Government Lot 3,
Section Township 21 North, Range 5 East, W.M., King
County, Washington, lying within an area described as being
125 feet wide on each side of a centerline at the point of
beginning (Point A on Exhibit 1) and having a continuous
0.10 foot per foot opening taper on each side of the
centerline for a total width at terminous of the centerline
(Point B on Exhibit 1) of 225 feet on each side of the
centerline. Said centerline is more particularly described
as follows:
Beginning at the Northeast corner of the J. Brannon
Donation Land Claim No. 38, said Section, Township and
Range, thence north 88°49'52" west 430.01 feet; thence
south 00°52'25" west 1320.42.feet; thence north 88°53'43"
west 530.00 feet; thence south 00°52'25" west 579.69 feet;
thence north 88°5343" west 300.00 feet to the Point of
Beginning; thence south 00052125" west 1,000 feet to
terminous of the centerline.
Said above described easement grant area is approximately
indicated in hatched lines and identified as Parcel "A" on
Exhibit 1.
Said above described avigation easement area is a portion of the southerly clear
zone approach area in a trapezoidal form located southerly of the north/south
runway of the Auburn Municipal Airport which clear zone approach area extends
southerly 1,000 feet from a line that is at right angles to the extended
centerline of said runway and 200 feet south of the south end thereof and which
clear zone approach area is .250 feet wide at its lower end and 450 feet wide at
its outer end and whose centerline coincides with the extended centerline of
said runway; together with a transitional surface which slopes upward and
outward one foot vertically for each seven feet horizontally along the entire
length of the approach, surface.
Said easement is subject to the following conditions:
1. No aircraft shall fly lower than 93.4 feet above Mean Sea Level
commencing at Point °C" on Exhibit 1 and rising on an imaginary plane extending.
southerly Wrefm at th2 rate of one foot' vertically for, each•,20 few-
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i�anRor°�Y cont�1hued use ,anti a ay l ath,:9i tie 9`
ow. the ay'igation easeme`6V area: 'f�iE g arit herein : r�clu
the right to prevent the erection 'or growth of any structure or object ezt
into the avigation easement area; and also the right to place navigation li.gh
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on any structure or object located within said area so long as the placement
thereof does not otherwise impair the use of said structure or object. If
necessary to go upon said property to carry out the objectives of this
provision, Grantee is extended' the right of ingress and egress across the
surface of said property.
3. Grantor shall not create electrical interference with the radio
communication between the airport tower and aircraft flying over said avigation
easement area; nor shall it intentionally do any act which would impair the
visibility of aircraft within said avigation easement area.
4. It is intended that this avigation easement run with the land and
release the Grantee, its successors and assigns, from -any claim or cause of
action arising from noise, vibration, fumes, dust, fuel particles, and other
such annoyances created by or caused by the operation of aircraft within said
avigation easement area.
5. In the event of abandonment or non-use of said airport for such
purposes for a period of 2 years, this easement shall automatically terminate,
and the rights hereunder of the Grantee, its successors and assigns, shall
immediately cease; and thereafter the air rights of the Grantor shall be as
though this easement had not been granted.
DATED this 28th day of January , 1980.
Attest*
q�sr. Secretary
STATE OF MINNESOTA )
COUNTY OF RAMSEY ) ss.
BURLINGTON NORTHERN INC.
BY -z.-cz tom' l
- Vic resident
On this 28th day of January , 19 80 , before me, the under-
signed, a Notary Public in and for the State of Minnesota, duly commisioned and
sworn, personally appeared J. C. Kenady and G.F. Steinhibel
to me known to be the Vice President and A S istan t
ecre ary, respectively, of Burlington Northern Inc. the corporation
that executed the foregoing instrument, and ac now a ge t e said instrument to
be the free and voluntary act and deed of said corporation, for the uses and
purposes therein mentioned, and on oath stated that they were authorized to
execute the said instrument and that the seal affixed is the corporate seal of
said corporation.
Witness my hand and official seal hereto affixed the day and year 'first
above written.
x
J. W. THAYER
NOTARY PUBLIC - MINNESOTA
.9AMSEY COUNTY
My Commission Expires Nov. 17.1985
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