Hidden Valley Airpark in Texas has shared their avigation easement as a starting point for others to use. 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”,
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 ___________________, 20__.
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 consideration therein expressed.
Given under my hand and seal of office this _____ day of ___________________, 20__.
Notary Public, State of Texas
After recording return to:
Hidden Valley Airpark Assn., Inc.
P. O. Box 50652
Denton, TX 76208