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Home My WebLink About20113154.tiff GRANT OF AVIGATION EASEMENT The landowner Thomas Ryan ["Grantor"], hereby grants and conveys to the Greeley-Weld County Airport Authority, ("Grantee"), a municipal corporation within the County of Weld of the State of Colorado, the following avigation easement: Recorded Exemption No. 0803-26-2 RE-4754, County of Weld, State of Colorado. 1. The Grantor for good and valuable consideration, does hereby grant to the Grantee, its successors and assigns, a perpetual and assignable easement in and over that certain parcel of real property (the "Parcel") more particularly identified and described in Exhibit"A" attached to and made a part of this instrument, and a right- of-way for the free and unrestricted passage and flight of aircraft in, through, across and about the airspace above an imaginary plane, as such plane is defined by Part 77 of the Federal Aviation Regulations, over said Parcel, as described below (the "Airspace"). As used herein, the term "aircraft" 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 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. 2. The Airspace for avigation easement purposes above said Parcel consists of all of the air space above the imaginary plane that is described by Part 77 of the Federal Aviation Regulations. 3. The easement and right-of-way described in Paragraphs 1 and 2 includes but is not limited to: a. For the use and benefit of the Grantee, the public, and their assigns, guests and invitees or any and all firms, or corporations operating Aircraft to or from the Airport the easement and continuing right to fly, or cause or permit the flight by any and all persons or aircraft; and b. The easement and right to cause or create, or permit or allow to be caused or created within the Airspace, such noise, dust, turbulence, vibration, illumination, air currents, fumes, exhaust, smoke and all other effects as may be inherent in the proper operation of aircraft, now known or hereafter used for navigation of or flight in air and specifically including the possibility that the noise at the property may, at some point in time, be in excess of the 65 LDN, maximum acceptable level set by the Federal Department of Housing and 2011-3154 O Urban Development and/or the Federal Aviation Administration; and c. The continuing and perpetual right to clear and keep clear the Airspace of any portions of buildings, structures, or improvements of any and all kinds, and of trees, vegetation, or other objects, including the right to remove or demolish those portions of such buildings, structures, improvements, trees or any other objects which extend into said Airspace and the right to cut to the ground level and remove any trees which extend into the Airspace; and d. The right to mark and light, or cause or require to be marked or lighted, as obstructions to air navigation, any and all buildings, structures, or other improvements, and trees or other objects now upon, or that in the future may be upon, said Parcel, and which extend into the Airspace; and e. The right of ingress to, passage within, and egress from said Parcel, solely for the above stated purposes. 4. Grantor, on behalf of itself, its successors and assigns hereby covenants with the Grantee, Greeley-Weld County Airport, its successors and assigns as follows: a. 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. b. Grantor, its successors and assigns, shall not hereafter use or permit or suffer the use of Grantors' Property in such a manner as to create electrical interference with radio communication 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 which would impair visibility in the vicinity of the airport or as otherwise to endanger the landing, taking off or maneuvering of aircraft. 5. The easement and right-of-way herein granted shall be deemed both appurtenant to and for the direct benefit of that real property which now or hereinafter constitutes the Greeley-Weld County Airport, and shall further be deemed in gross, being conveyed to the Grantee for the benefit of the Grantee, and any and all members of the general public who may use said easement or right-of-way, taking off from, landing upon, or operating such aircraft in or about the Greeley-Weld County Airport, or in otherwise flying through said Airspace. 6. This grant of avigation easement shall not operate to deprive the Grantor, its successors or assigns, of any rights that it may otherwise have from time to time O 7. It is un erstood and agreed that these covenants and agreements run with the land and sh II be binding upon the heirs, representatives, administrators, executives, succes ors, and assigns of the Grantor, and that for he purposes of this instrument, the Par el shall be the servient easement and the Greeley-Weld County Airport shall be the ominant tenement. 8. The avi ation easement, covenants and agreements described herein shall continue in effect until the last to occur of: (1) the Greeley-Weld County Airport shall be abando ed or (2)all of the property currently used as the Greeley-Weld Count Airport hall cease to be used for public airport purpose, at which time it shall terminat . GRANTOR: Ryan Farm Trust By: r.'i0_,../o'" . �n.4 Thomas M. Ryan ,f STATE OF )ss. U Atli��b'niyv ) COUNTY OF WELDZ iT3AP �i The a�egoi g instrume -was acknowledged before me this 7iffil day of bL.TVi 200 y , e `‘%•`PN (L Will). hand and officials I. `ck,,x,s Sir N E4q 9y y' z m p^ m= t ,Gi-cal . • NOT ;iv : r - 9`ti PUB iC _ commission expires: ylr`'/�/✓ ' °;?o:%.3-:' 04. Notary Public ACCEPTAN E ACCEPTANCE The Greeley Weld County Airport, a body corporate and politic of the State of Colorado, by and through the Greeley Weld County Airport Authority Board, hereby accepts the above grant of avigation easement Dated this 26C% day of OC dV C , 2011. BY Wer' Bill Garcia, Chairman ffffffff ATTEST: o�,nHgr9q By: 84AL 'III C. Edward Fickes , Se/cretaryfTreasultr •.•• ' Tonya Disney From: Chris Gathman Sent: Tuesday, December 06, 2011 1:46 PM To: Esther Gesick Cc: Donna Bechler; Elizabeth Strong; Tonya Disney Subject: FW: Recorded Exemption RE-4754-Thomas Ryan One more item of correspondence for RE-4754. Thanks! Chris Gathman Planner III Weld County Department of Planning Services 1555 N. 17th Avenue,Greeley CO.80631 Ph: (970)353-6100 ext. 3537 Fax: (970)304-6498 4 4 20I I • wIcO G4�J�NT� u Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication.Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Chris Gathman Sent: Tuesday, December 06, 2011 1:42 PM To: 'kristen@wh-h.com` Subject: RE: Recorded Exemption RE-4754 -Thomas Ryan Thanks Kristen, This takes care of the avigation easement condition. The remaining item is to get the RE-4754 plat drafted and turned in a paper copy (or you can send me a digital copy) for review. Once staff has reviewed the draft plat and any corrections have been made, the plat can be submitted for recording along with the $11.00 recording fee. The last time I spoke to Mr. Ryan in August I believe he was following up with the surveyor. At the time Loren Shanks—a surveyor with Drexel- Barrell - was the representative. Drexel-Barrell no longer has an office in Greeley and I am not sure if Mr. Ryan has worked out who will finalize the survey. Have you heard anything about who Mr. Ryan is working with on finalizing the recorded exemption survey/plat? Sincerely, Chris Gathman Planner Ill 1 Weld County Department of Planning Services 1555 N. 17th Avenue, Greeley CO. 80631 Ph: (970)353-6100 ext. 3537 Fax: (970)304-6498 66 Tali WU C0 „ W E ro a da N T r u Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Kristen Thompson [mailto:kristenCalwh-h.com] Sent: Friday, December 02, 2011 9:17 AM To: Chris Gathman Subject: Recorded Exemption RE-4754 -Thomas Ryan Chris, Attached is a copy of the fully executed Grant of Avigation Easement. Please advise if you need any additional information regarding this matter or if you have everything you need. Thank you. Kristen Thompson Legal Assistant to Tom Hellerich Winters, Hellerich & Hughes, LLC 5754 W. 11th Street, Suite 101 Greeley, CO 80634 (970) 352-4805 Statement required by the Internal Revenue Service: A United States Treasury regulation known as Circular 230 requires us to inform you that any tax advice in this e-mail, including attachments, was not written, and cannot be used by you, for the purpose of avoiding any penalties that may be imposed under the Internal Revenue Code. In addition, you may not use any advice from our firm in promoting, marketing, or recommending any transaction to anyone else. Attorney-Client Privilege Statement: This message and any attachments may be protected by the attorney-client privilege. If you believe that it has been sent to you in error, do not copy or distribute it. Please reply to the sender that you have received the message in error and then delete it. Confidentiality Notice: This e-mail contains confidential and/or privileged information and is intended to be read only by the person or authorized representative of the organization to whom it is addressed. If you are neither of these persons,you have received this e-mail in error. Please do not print, copy, re-transmit, disseminate or otherwise use the 2 information, all of which are prohibited. Please immediately notify the sender by return e-mail or by telephone that you have received this communication in error and delete this e-mail from your system. Thank you. From:Aliza Wilson-Wheeler Jmailto:awilsonwheeler@gxv.netl Sent:Thursday, December 01, 2011 10:15 AM To: 'Gary Cyr' Cc: kristen@wh-h.com Subject: RE:Thomas Ryan Kristen- Here is the copy of the signed Avigation Easement, Please let me know if you need anything else. Thank you, Aliza Wilson-Wheeler, C.M. Airport Operations Specialist Greeley-Weld County Airport (970)336-3002 Awilsonwheeler@axy.net From: Gary Cyr fmailto:gcvr@gxv.netl Sent:Thursday, December 01, 2011 10:05 AM To: 'Aliza Wilson-Wheeler' Subject: FW: Thomas Ryan From: Kristen Thompson Jmailto:kristen@wh-h.coml Sent: Wednesday, November 30, 2011 10:53 AM To:gcvr@axv.net Subject: FW: Thomas Ryan Mr. Cyr, Just following up to my email of November 2, 2011. Please see below. Thank you. Kristen Thompson From: Kristen Thompson Jmailto:kristen@wh-h.coml Sent: Wednesday, November 02, 2011 3:09 PM To: 'gcyr@gxy.net' Subject:Thomas Ryan 3 Mr. Cyr, I understand you are out of the office today. Can you please forward to our office a copy of the signed Avigation Easement, as we need to forward a copy to the Weld County Commissioners' office. Thank you. Kristen Thompson Legal Assistant to Tom Hellerich Winters, Hellerich & Hughes, LLC 5754 W. 11th Street,Suite 101 Greeley, CO 80634 (970) 352-4805 Statement required by the Internal Revenue Service: A United States Treasury regulation known as Circular 230 requires us to inform you that any tax advice in this e-mail, including attachments, was not written, and cannot be used by you, for the purpose of avoiding any penalties that may be imposed under the Internal Revenue Code. In addition, you may not use any advice from our firm in promoting, marketing, or recommending any transaction to anyone else. Attorney-Client Privilege Statement: This message and any attachments may be protected by the attorney-client privilege. If you believe that it has been sent to you in error, do not copy or distribute it. Please reply to the sender that you have received the message in error and then delete it. Confidentiality Notice: This e-mail contains confidential and/or privileged information and is intended to be read only by the person or authorized representative of the organization to whom it is addressed. If you are neither of these persons,you have received this e-mail in error. Please do not print, copy, re-transmit, disseminate or otherwise use the information, all of which are prohibited. Please immediately notify the sender by return e-mail or by telephone that you have received this communication in error and delete this e-mail from your system. Thank you. 4 Hello