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AVIGATION EASEMENT
BarrMore, LLC, a Wyoming limited liability company, hereinafter
"Grantor" which shall also mean for Grantor and the successors in interest and
assigns of Grantor, being the record owner of the real property situated in the
Town of Alton, Lincoln County, Wyoming, as more specifically described as
Afton Airpark Addition To the Town of Afton, Lincoln County, Wyoming, as
shown on that Plat recorded onAugust 1, 2005 Instrument No.91.0.4~' the
Lincoln County Clerk's office, which said property, and each and every lot and
portion thereof, is referred to herein as the "Subject Property" and is subject to all
existing easements of record or apparent on the ground, hereby grants to the Alton
Airpark Homeowners' Association, Inc., a Wyoming corporation established for
the purpose of the administration of Afton Airpark subdivision, hereinafter
"Grantee". Grantor grants to Grantee the following:
An easement and right-of-way for the use and benefit of the Grantee and the
general public, for the free and unobstructed passage of aircraft in, through,
and across all of the airspace above the Subject Property lying and being
above an elevation of One Hundred Fifty Feet (150') above the mean sea level
of the main runway of Alton-Lincoln County Airport. With said runway
being at its current mean sea level elevation, the easement granted herein is
for that airspace above the Subject Property being above the mean sea level
elevation of 6,361 feet.
o
The right of flight for the passage of aircraft for the use and benefit of the
public in the airspace above the Subject Property, together with the continuing
right to cause in said airspace such noise, vibration, dust, fumes, smoke,
vapor, and other effects as may be inherent for navigation of or flight in air,
using said airspace, or landing at, taking off from, or operating on the adjacent
Alton-Lincoln County Airport.
4
The full waiver and release by Grantor, and its successors, of any right or
cause of action which they or any of them now have or may have in the future
against the Grantee, its successor and assigns, or the general public's use of
the airspace eased herein, on account of or arising out of such noise, vibration,
dust, fumes, smoke, vapor, and other effects heretofore and hereafter caused
by the operation of aircraft in said airspace.
The covenant and agreement that from and after the execution of this
easement, the owners of the Subject Property shall not erect any structure or
object or allow to grow any tree or other vegetation to a height above an
elevation of 150 feet above the mean sea level of the main runway of Afton-
Lincoln County Airport (ie., above 6,361 feet mean sea level as calculated
above) or encroach upon or extend in any way into said easement and right-
of-way.
RECEIVED 9/12/2005 at 4:24 PM
RECEIVING # 911770
BOOK: 597 PAGE: 395
JEANNE WAGNER
~?_N COUNTY CLERK, KEMMERER,
0 1770
00396
The continuing fight of the Grantee to clear and keep clear Grantor's property
of any and all obstructions that encroach or extend in any way into said
easement and right-of-way above an elevation of 6,361 feet mean sea level or
encroach upon or extend in any way into said easement and right-of-way.
The covenant and agreement that from and after the execution of this
easement, the Grantor shall not put the Subject Property to any of the
following uses which would:
Ao
Create unreasonable interference with: (1) radio communication for
aircraft using the airport and (2) electronic navigational aids or devices
such as instrument landing systems (generators, motors, and artificial
lighting devices which create excessive static are examples of equipment
that can cause interference).
B°
Create a hazard to flying by materially reducing visibility, such as
incinerators, rock crushers, smelters, chemical manufacturing, and
similar uses.
Make it difficult for fliers to distinguish between airport or other
navigational lights or markers and other lights; or cause glare to fliers
using the airport, such as any arrangement and use of lights which
resemble a layout or color of landing area, or searchlights or flash-type
advertising signs.
Do
Result in any business, structure, tree, occupation or use which is
dangerous or hazardous to the safety of aircraft using Afton-Lincoln
County Airport or to property or persons using Alton-Lincoln County
Airport or flying in the vicinity thereof. Towers, poles, smokestacks,
advertising balloons, above ground bulk storage of petroleum products,
and fireworks manufacturing are examples of potentially dangerous
uses, structures, and activities.
It is understood and agreed that the aforesaid conditions and restrictions shall mn
with the land described as the Subject Property (aka Alton Airpark) and each part,
lot and parcel therein, and shall be binding upon the successors and assigns of all
of the parties signing below.
Grantee shall have the right, but not the obligation, to enforce the terms hereof.
Grantee may, in its discretion, assign its rights hereunder to any governmental
agency if such assignment should become necessary in the discretion of Grantee.
Default on the terms hereof may be specifically enforced, subject to injunctive
relief and/or result in a claim for damages otherwise. Should Grantee, or its
assigns, have to enforce its rights hereunder to cure any default by Grantor, or ks
successors, Grantee shall be entitled to recover attomey's fees incurred therein.
0 0 3 9 7
IN WITNESS WHEREOF, the parties have executed this instrument as of the day
and year written below.
DATED: August ] b<t~- , 2005.
GRANTOR:
BARRMORE, LLC, ^ WYOMING LIMITED LIABILITY COMPANY }
Braoaey D. Morehouse, Member Barr McCutcheon, Member
On this J_~day Of August, 2005, personally appeared Bradley D.
Morehouse and ............. ,_Members of BarrMore, LLC, a Wyoming limited
liability company, before me a notary public for the State of Wyoming, known to me
to be the person whose name is subscribed to the within instrument, and
acknowledged to me that he executed the same.
Notary Public for the State of Wyoming
My commission
expires-
GRANTEE:
AFTON AIRPARK HOMEOWNERS' ASSOCIATION, INC.
/
On this ffo_~day of August, 2005, personally appeared ~PC~--Cf/~ /0
, on behalf of Afion Airpark Homeowners' AssociatiOn, Inc., a Wyoming
corporation, before me a notary public for the State of Wyoming, known to me to be
the person whose name is subscribed to the within instrument, and acknowledged to
me that he executed the same.
(SEAL) ~ Notary Public for the State of Wyoming
My commission
expires'
~FIELLE~ ~BANDALL. NOTAFff PUBLIC
State of Wyoming
County of Lincoln
0O398
On this 23rd day of August, 2005, personally appeared Barr McCutcheon, Member of
BarrMore, LLC, a Wyoming limited liability company, before me a notary public for the
State of Wyoming, known to me to be the person whose name is subscribed to the within
instrument, and acknowledged to me that he executed the same.
My Commission Expires:
9-15-07
Notary Public for State of Wy6ming