Avigation Easement

Here’s an avigation easement developed for Hidden Valley Airpark in Texas. Preparing such an easement for an airpark is important protection particularly if such agreements can be reached with those under the airpark flight patterns. DECLARATION OF EASEMENT AND RESTRICTIONS This Declaration, made on the date hereinafter set forth by________________________ ______________________________________________, hereinafter referred to as […]

Here’s an avigation easement developed for Hidden Valley Airpark in Texas. Preparing such an easement for an airpark is important protection particularly if such agreements can be reached with those under the airpark flight patterns.

DECLARATION OF EASEMENT AND RESTRICTIONS

This Declaration, made on the date hereinafter set forth
by________________________
______________________________________________, hereinafter referred to
as “Declarant”,

WITNESSETH:
Whereas, Declarant(s) is the Owner of certain
property in Denton County, State of Texas, which is more particularly
described as:

SEE EXHIBIT “A” ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE FOR ALL PURPOSES

Now, therefore, Declarant(s) hereby declare(s) that all of the
properties described above shall be held, sold and conveyed subject to
the following easements, restrictions, covenants, and conditions, which
are for the purpose of protecting the value and desirability of, and
which shall run with the real property and be binding on all parties
having any right, title or interest in the described properties or any
part thereof, their heirs, successors and assigns, and shall inure to
the benefit of each owner thereof.

Article I
DEFINITIONS

Section 1.    “Association” shall mean and refer to Hidden Valley Airpark Association, Inc., its successors and assigns.

Section 2.    “Owner” shall mean and refer to the record owner,
whether one or more persons or entities, of a fee simple title to any
Lot or Tract which is a part of the Properties, including contract
sellers, but excluding those having such interest merely as security
for the performance of an obligation.

Section 3.    “Properties” shall mean and refer to certain real
properties, collectively referred to as being within, or part of,
Hidden Valley Airpark, Shady Shores, Texas, and such additions or
improvements thereto as may hereafter be brought within the
jurisdiction of the Association.

Section 4.    “Lot” shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties.

Section 5.    “Tract” shall mean and refer to any plot of land shown on any unrecorded subdivision map of the Properties.
Section 6.    “Declarant” shall mean and refer to the Owner(s) of the property described hereinbefore in Exhibit “A.

Section 7.    “Aircraft” shall mean and refer to any contrivance now
known or hereafter invented, which is intended, used, or designated for
navigation of, or flight in, the air.

Article II
AVIGATION AND HAZARD EASEMENT

Section 1.    Creation of the Easement.  The Declarant, for each Lot
or Tract owned within the Properties, hereby covenants and agrees to
the acceptance and placement of a perpetual Avigation and Hazard
Easement upon the entirety of each such Lot or Tract.

Section 2.    Purpose and Scope of Easement.  The purpose and scope
of the Avigation and Hazard Easement shall be for providing free and
uninterrupted right-of-way for the passage of all Aircraft by
whomsoever owned and operated, in the air space above Owner’s Lot or
Tract above a mean sea level (MSL) of 600 feet to an infinite height,
together with the right to cause in such air space above the surface of
Owner’s Lot or Tract such noise, vibration, fumes, odor or visual, and
all other effects that may be caused by the operation of Aircraft
landing at or taking off from, or operating at, in, above, around, near
or on Hidden Valley Airpark airport, its successors or assigns.

Section 3.    Use Restrictions.  During the life of such Avigation
and Hazard Easement, any Owner of any Lot or Tract shall not erect,
permit the erection or growth of, or permit or suffer to remain upon
any property under Owner’s control, any building, structure, tree, or
other object extending into the airspace above said Lot or Tract above
a mean sea level of 650 feet MSL.  Additionally, any Owner of any Lot
or Tract shall not hereafter use or permit or suffer the use of Owner’s
property in such a manner as to create electrical interference with
radio communication between Aircraft or between any radio upon said
airport and Aircraft, or as to make it difficult for flyers to
distinguish between airport lights or others, or to impair visibility
in the vicinity of the airport, or as otherwise to endanger the
landing, taking off or maneuvering of Aircraft.

Section 4.    Duration of Easement.  The duration of the Avigation
and Hazard Easement is perpetual or until said Hidden Valley Airpark
airport shall be abandoned and shall cease to be used for airport
purposes.

Article III.
GENERAL PROVISIONS

Section 1.    Enforcement.  The Association, or any Owner, shall
have the right to enforce, by any proceeding at law or in equity , all
restrictions conditions, covenants, reservation, liens and charges nor
or hereafter imposed by the provisions of this Declaration.  Failure by
the Association or Owner to enforce any covenant or restriction herein
contained shall in no event be deemed a waiver of the right to do so
thereafter.

Section 2.    Severability.  Invalidation of any one of these
easements, covenants or restrictions by judgment or court order shall
in no wise affect any other provisions which shall remain in full force
and effect.

Section 3.    Attorney’s Fees.  If any party retains an attorney to
enforce this Declaration, the party prevailing in litigation is
entitled to recover reasonable attorney’s fees and court and other
costs.

Section 4.    Choice of Law.   This Declaration will be construed
under the laws of the state of Texas without regard to choice of law
rules of any other jurisdiction.  Venue is in the county or counties in
which the Property is located.

In witness whereof, the undersigned, being the Declarant herein, has
hereunto set its hand and seal this ___________ day of
___________________, 200__.

By: ________________________________________

By: ________________________________________

STATE OF TEXAS           §

COUNTY OF DENTON    §

Before me, ____________________ on this day personally appeared,
known to me (or proved to me by Drivers License) to be the person(s)
whose name is subscribed to the foregoing instrument and acknowledged
to me that he/she/they executed the same for the purposes and
consider-ation therein expressed.

Given under my hand and seal of office this _____ day of ___________________, 200__.

________________________________________
Notary Public, State of Texas

After recording return to:            
Hidden Valley Airpark Assn., Inc.       
P. O. Box 50652               
Denton, TX 76208   

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