Avigation Agreement

Avigation Easement What is an Avigation Easement? The intent of the Spokane County Airport Overlay Zone (Chapter 14.702) is to reduce the potential for airport hazards and incompatible development in proximity to the airports in Spokane County (Spokane International, Felts Field, Fairchild Air Force Base, and Deer Park Airport). Prior to issuance of a building permit within any of the airspace and/or Accident Potential Areas defined by the ordinance, property owners shall be required to award an avigation easement to the appropriate airport(s) and shall be required to record such easement with the Spokane County Auditor's Office. The airspace included in the overlay zone extends 30,000 lineal feet outward from the runway(s). Thus property located within 5.7 miles from the airport (measured in a straight line) is affected by the overlay zone. Development close to an airport may be required to restrict height and lighting in order to reduce the hazards to civil aviation. Avigation Easement Filing Instructions Complete Avigation Easement Worksheet Mail completed documents to: Deer Park Airport PO Box F Deer Park, WA 99006 OR Contact Airport Manager to arrange for meeting to sign documents Manager: (509) 276-3379 (509) 993-1620 AVIGATION EASEMENT WORKSHEET To properly evaluate any proposed structures and their relationship to Deer Park Municipal Airport, it is necessary to know the position of the proposed structure relative to the airport. Please complete the following steps. 1. Place an X where your proposed structure will be located on the map and note its height above ground. 2. Should the proposed structure be located off the map, please place an X with an arrow showing the approximate number of feet or miles the actual location is off the map (i.e.: X 1.2 miles ) on the closest point on the map. 3. The address of the proposed structure is: Address 4. The purpose/description of the structure is: 5. The mailing address of applicant: (if other than the address of the proposed structure) Address Phone Number: Contact Name: 6. Please answer the following questions: * An airspace study for this structure has been completed by the FAA Yes No Yes No * The proposed structure will be at or below 35 feet above ground * Will the proposed structure have any outside lighting directed upward? Yes No EASEMENT FILING INSTRUCTIONS 1. Owner of the property (grantor) signs the avigation easement. Notarization required. Be sure to indicate the legal description of property. 2. Property owner then submits signed easement to the Spokane County Auditor's Office. Recording fee required. 3. Submit easement to the Spokane County Department of Building and Planning. 4. County Recording Number: _______________________________________ RETURN ADDRESS: City of Deer Park Building Department PO Box F Deer Park, WA 99006 AVIGATION EASEMENT WHEREAS, , (full name of property owner(s)) hereinafter called the "Grantor(s)", are the owners in fee of land situated at , in the County of Spokane, State of Washington, assessor tax parcel number , more particularly described as follows: NOW, THEREFORE, in consideration of the sum of one dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Grantor(s), for themselves, their heirs, administrators, executors, successors and assigns, do hereby grant, bargain, sell, and convey unto Deer Park Municipal Airport, City of Deer Park, and the County of Spokane, municipal corporations and political subdivisions of the State of Washington as tenants in common, and to the United States of America, hereinafter call the "Grantees", its successors and assigns, for the use and benefit of the public, an easement and right of way, appurtenant to Deer Park Municipal Airport, located in the City of Deer Park, Spokane County, State of Washington, for the unobstructed passage of all aircraft, ("aircraft" being defined for navigation of or flight in the air) by whomsoever owned and operated in the air space above the surface in the vicinity of said property such noise, vibrations, fumes, dust, fuel particles, and all other effects that may be caused by the operation of aircraft landing at, or taking off from or operating at or on said Deer Park Municipal Airport; and Grantor(s), for themselves, their successors and assigns, 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 Grantees, their successors 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 Deer Park Municipal Airport. Yes No APPLICABLE BOX IS CHECK, AS NEEDED WHEN AIRPORT MANAGEMENT DETERMINES THERE IS A NEED FOR APPROVAL OF HEIGHT RESTRICTION. THE GRANTOR(S), for themselves, their heirs, executors, administrators, assigns and successors, do hereby covenant and agree to refrain from erecting, causing or permitting to be erected on the above described land, and building, structure, pole, tree, tower, or obstruction in the airspace of any kind or nature above a height in excess of thirty-five (35) feet from the existing elevation of the above described land, and the Grantor(s) agree to take whatever action may be required to remove any obstruction into the airspace above thirty-five (35) feet from the existing elevation of the above described land. Yes No APPLICABLE BOX IS CHECK, AS NEEDED WHEN AIRPORT MANAGEMENT DETERMINES THERE IS A NEED FOR APPROVAL OF LIGHTING AND SIGNS. THE GRANTOR(S), further covenants and agrees that all lighting and signing will be subject to prior approval of by the Airport. TO HAVE AND TO HOLD said Easement and Right-of-Way, and all rights pertaining thereto, upon the Grantees, their successors and assigns, until said Deer Park Municipal; Airport as existing, enlarged or relocated, shall be abandoned or cease to be used for public airport purposes. THE PROPOSAL, herein above, has been reviewed by the undersigned representative of the airport management for possible impacts on safe operation of the airport. _____________________________________________________ Airport Manager IN WITNESS WHEREOF, the Grantor(s) have hereunto set their hands this day of __________________________________________ Grantor STATE OF WASHINGTON ) ) ss. COUNTY OF SPOKANE ) On this ____ day of _____________, 20____, before me, the undersigned, a Notary Public in and for the State of Washington, ____________________________________ personally appeared and acknowledged the foregoing instrument to be the free and voluntary act and deed of said entity for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public in and for the State of Washington residing at Spokane. My commission expires __________________. .

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