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Home My WebLink About02-20 DeedOFFICIAL RECEIPT FREDERICK CIRCUIT COURT DEED RECEIPT DATE: 08/25/16 TIME: 09:00:43 ACCOUNT: 069CLR16CO06196 RECEIPT: 16000016403 CASHIER: MLS REG: WE17 TYPE: DE PAYMENT: FULL PAYMENT INSTRUMENT ; 160008196 BOOK: PAGE: RECORD9n: 08/25/16 AT 09:00 GRANTOR: R 150 SPE LLC EX: N LOC: CO GRAN'T'EE: WINCHESTER REGIONAL AIRPORT AUTHORITY EX: N PCT: look AND ADDRESS : , RECEIVED OF : MICHAEL BRYAN DATE OF DEED: 08/19/16 CHECK: $22.00 DESCRIPTION 1: SH DIST PAGES: 7 OP: 0 2: PARCELS OF LAND NAMES: 0 CONSIDERATIOY: .00 ANAL: .00 MAP: MISC PIN: 301 DEEDS 1.4.50 145 VSLF 1.50 106 TECHNOLOGY TRST FWD 5.00 035 VOF FEE 7.00 TENDERED 22.00 AMOUNT PAID: 22.00 CHANGE AMT : ,00 CLERK OF COURT: REBECCA P. HOGAN PAYOR'S COPY RECEIPT COPY 1 OF 2 160908196 CD CD THIS DEED OF AVIGATI+t N EASEMENT is made this 19`s day of August, 2016, by and between R 150 SPIE, LLC, a Virginia limited liability company (the "Grantor") and the WIN, CHESTER RE, GIONAL, AIRPORT AUTHORITY, a political subdivision of the Commonwealth of Virginia (the "Grantee"). RZCIT,A-LS: A. The Grantee is the owner of the Winchester Regional Airpori ("Airport-), located within Frederick County, Virginia, B. The Grantor is the owner of certain real property described on " Legal Description", attached hereto and by this reference made a part hereof as if set out in lull (the "Property"). C. The Property is subject to certain height limitations as established under the provisions of Title 14, Aeronautics and Space, Code of Federal Regulations, Part 77 ("1FA_R fart 7711) and as set forth in Chapter 165, Part 701 of the Code of the County of Frederick, Virginia ("Frederick County Code"). D. The Grantor has agreed to create and impress an avigaticn easement upon the Property (the "A.vigatiou Easement"), as more fully set fortyh hereinafter. WITNESSETH: THAT :ior and in consideration of the mutual benefits to the parties hereto, the Cantor does hereby grant unto the Grantee an Avigation Easement,su.bjec°it to the terms and conditions set :north herein below, and in accordance with FAR Pa�� 77 and the Frederick County Code, to -wit: 1. That the Grantor, for itself, its heirs, successors and assigns, hereby grants punto Grantee for the benefit of the public in the use and operation of tate Airport, a right of the public and specifically, without Iimitation, a right of owners, operators and occupants of aircraft to use the navigable airspace over the Property and for all said persons and entities to cause in the navigable airspace above the Property such light, sound, noise, smoke and vibration as maybe inherent in or related to the operation of aircraft using said airspace for landing at, taking off from, flying over or otherwise operating at or about the Airport. 1. That Grantor, for itseLf, its heirs, successors and assigns, and for the benefit of the public in tete use and operation of the Airport and the navigable airspace above the Property, covenants and agrees that in the development and ownership ,of -the Property for land uses and infrastructure permitted by the Frederick County Code, it will not use the ri �s C�7 rQ CD J ry, or permit any object, structure or use of the Property, in a manner that v r , d constitute an obstruction to the passage of aircraft using the navigable: airspace above the Property for landing at, taking off from or otherwise operating at or about the Airport, and that they will not use the Property; or permit any object, structure or use of the Property, in a' manner, including casting of light into the navigable airspace above the Property, which would present a hazard to any aircraft using the navieablic airspace above the Property for the purpose of landing at, taking off from, or otherwise operating at or about the Airport. A. For the purpose of this Avigation Easement, "object" including any mobile object, shall mean any natural growth; any terrain; any pe�ment or temporary construction or alteration of any structure, including equipment or materials used therein; any apparatus of a permanent of temporary character; and alteration of any permanent or temporary character; and alteration of any permanent or temporary existing structure by a change in its height (including appurtenances) or lateral dimensions, including equipment or materials used therein, that would constitute an obstruction to the navigable airspace above the Property. B. For the purpose of this Avigation Easement, "structure" shall mean any object, including a mobile object, now existing or hereafter constructed or erected by man, including but not limited to; buildings, towers, communications towers, radio and television antennae, cranes, smokestacks, earth formations, overhead transmission lines, flag poles and ship masts, that would constitute an obstruction to the navigable airspace above the Property. C. For the purpose of this Avigation Easement, "obstruction of the navigable airspace above the Property" shat mean arty existing object or structure, any proposed object or structure, including an existing or proposed mobile object or structure, if such object or structure is of greater height than any of the heights or surfaces established as standards for determining obstructions by FAR fart 77 (14 C.F.R. Part 77, Section 77.ii, et seq.), or any applicable successor reg=ulations, as such standards may apply to the Property at the time of development or construction of the object or structure. 3. That. Grantor for itself, its heirs, successors and assigns, covenants and agrees with the Grantee that for the benefit of the public in the use and operation of the Airport, they will not hereafter establish, construct, erect or grow, or permit the establishment, construction, erection or growth of, any structure or vegetation, whether natural or man- made, which would penetrate into or through the heightts or surfaces described in FAR Part 2 77 or any Airport clear zone, runway protection zone, approach zone, imaginary surface, obstruction clearance surface, obstruction clearance zone, or other surface or zone (as such zones or surfacers may- tiluici►uy or ilGr'G ur'r OG UC11r1ed by applicable regulations of the Virginia Department of Aviation and/or the Federal Aviation Administration, and. as such zones or surfaces are shown on the documents of the Grantee). Grantor and Grantee agree on behalf of themselves, their successors and assigns that a structure erected in such zone or surface pursuant to, and in accordance with, a permit issued by the Virginia Board of Aviation pursuant to Section 4.1-25.1 of the Virginia Code, 1950, as amended or any applicable successor statute, shall not violate this restriction. 4. The Grantor does hereby grant unto the Grantee the right to cut and fell all trees which are located within the limits of the Avigation Easement as of the execution date of this Deed of Easement or at any later time. The Grantee shall have the additional right to cut any trees to a height of 10' below the minimum elevation of the Avigation Easement so as to keep the trees below the prescribed minimum elevation of the Avigation Easement. 5. Tale Grantor does hereby agree to preclude and prevent the construction or development of facilities upon the Property that will create electronic interference with the Winchester regional Airport or aircraft navigational aids, and preclude and prevent construction or development of facilities that will result in directed lighting or glare fiorr. the Property upon the Airport. b. The Grantor agrees to submit all site plans for all or any portion of the Property to the Federal Aviation Administration and the Airport for review and approval prior to commencement of construction of any improvements upon the Property or any portion thereof. THE GRANTEE TO HAVE AND TO MOLD such Avigation Easement and all rights appertaining thereto under the Grantee, its successors and assigns, with. the understanding and agreement that the covenants, restrictions and agreements set forth herein shall be binding upon the heirs, administrators, executors, successors in interest and ass;igas of the Grantee and Grantor, and that these covenants and agreements shall run with the land, unless and until the Airport is abandoned or ceases to be used as an airport. In the event the Airport is abandoned or ceases to be used as an airport this easement shall automatically terminate without the need of any further action by the parties or their successors. TINS DEED IS EXEMPT from the state recordation taxes impose€1 by Virgirja Code §58.1-801, pursuant to Virginia Code §58.1-811(A)(3). 3 '%TrNESS tho ftovft sipmftw snd wjk-. GRANTOR; —v CD CD Q -7- iI��Lar State of Maryland City/County of M45 , to -wit: y y� B foie me a Notary Ppablic on this hdsy of t/ . 201 b> std J r l l ' s3 5 . of R 150 SPE, �. cI who ecmowledged!ais slgtuiUM to the fo.-,Vgoing easem^ dated Ut%t3 7 .2016. Gioia expka: GRANTEE: WINCHESTER REGIONAL AIRPORT ALI THOR:ITY By- 4�1 � N�li� AMAA(SEAL) SERENA MANUEL, Executive Director Commonwealth of Virginia County of Frederick, to -wit: ca Before me, a Notary Public on this ` � rday of August, 2016, appeared Sere Manuel as Executive Director of the Winchester Regional Airport Authority, who acknowledged her signature to the foregoing easement, dated August 19, 2016. My Commission expires: _hb,rtsmbT .3o$ RoRA anjo, 0 /O� Notary Pu fic %411,,41lfli �Ar,t;r o D, �o A#qj, o o o'•.s�AlUI3L�C'� •� 0 ., c 71`N• 5 C7 0 1 C_? All of that certain tract or parcel of land containing 150.35 acres, and more particularly described below, to -wit: TRACT 1: All that certain tract or parcel of land, lying and being situate in Shawnee Magisterial District, Frederick County, Virginia, containing 29.657 acres 11s shown on the plat of survey drawn by Michael M. Artz, L.S., dated February 13, 1998, of P�xord in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 900, at Page 115, et seq., and by this reference made a pari: hereof as if set out in full. TAX MAP NO. 64-A-10 TRACT 2: All that certain tract or parcel of land, lying and being situate in Shawnee Magisterial District, Frederick County, Virginia, Contailring 0.309 acres as shown. on the plat of survey drawn by Michael M. Artz, L. S., dated February 13, 1998, of record in the aforesaid Clerk's Office in Deed Book 900, at Page 115, et seq., and by this reference made a part hereof as if set out in full. TAX MAP NO. 63-A- 150 TRACT 3: All that certain tract or parcel of land, lying and being situate in Shawnee Magisterial District, Frederick County, Virginia, containing 120.384 acres as shown on the plat of survey drawn by Michael M. Artz., L.S., dated February 13, 1998, of record in the aforesaid Clerk's Office in Deed Book 900, at Page 115, et seq., and by this reference made a part hereof as if set out in full. TAX NL',.P NO. 64-A-12 Reference is made to the aforesaid instruments for a more particular description of the property herein conveyed. &JLB/pmn/amb cADeedsWiport Avigation Easement2 5/21/lb 0 PGOO - I owaptEp FAR PART 77 SURFACES SHOWN ARE IN ACCORDANCE WITH THE CURRENT APPROVED AIRPORT LAYOUT PLAN 0oto s. ciTy OF Opp WINCHESTER C% M R 160 SPE MIXED USE qEVELOPMENT lt�3-3 '-AIRPORT ROAD -