The use of an “Air Avigation Easement” can make sure the space through which you must fly for a pattern at your residential airpark remains open, free of obstructions and legal.
Obtaining such an agreement can make a big difference in the future feasibility of an airpark. If, for example, your airpark is currently out in a rural area, such an agreement can easily keep any opponents from destroying what you have developed by building next door to you and then trying to cause problems because of planes flying over that property.
Likewise, airparks close in can make an effective use of such instruments to help protect themselves against all types of complaints.
Below is an Air Avigation Easement that was prepared for use in the State of Colorado for a public use airport. Most aspects of this document would apply to other states and localities and private use facilities as well as residential airparks.
AIR AVIGATION EASEMENT
Whereas, (name), hereinafter called the Grantor, is the owner of that certain parcel of land situate in the County of (name), State of (name), to wit:
hereinafter called “Grantor’s Property.”
NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor, for himself/herself, their heirs, administrators, executors, successors, and assigns, does hereby grant, bargain, sell, and convey unto the County of (name), hereinafter called the Grantee, for the use and benefit of the public, an easement and right-of-way for the passage of all aircraft (“aircraft” being defined for navigation of, or flight in, the air) by whomsoever owned and operated, in the air space to an infinite height above the surface of Grantor’s property, together with the right to cause in said air space such noise, vibration, 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, around or on said (name airport); and Grantor hereby waives, remisses, and releases any right or cause of action, which he/she now has or which he/she may have in the future against Grantee, its successors and assigns, due to such noise, vibration, 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, around or on said (named airport).
Grantor further agrees that in order to assure safe passage of aircraft landing at or taking off from said (named airport), no structure shall be erected, altered, or maintained and no tree shall be allowed to grow or be maintained above an approach zone surface extending outward and upward from the end of every runway, existing or proposed, described as follows:
An imaginary surface sloping upward one (1) foot vertically for every twenty (20) feet horizontally, beginning 200 feet from either end of, and at the same elevation as the runway surface, and extending to a horizontal distance of 5,000 feet along the extended runway centerline, with lateral widths of 500 feet at the runway end and 1,250 feet at the upper end.
Nor shall any structure be erected, altered, or maintained and no tree shall be allowed to grow or be maintained which extends above an imaginary surface sloping upward one (1) foot vertically for every seven (7) feet horizontally, beginning at the runway elevation on lines parallel to, and 250 feet from, the centerline of the runway, known as the “primary surface”; said imaginary surface extends to a height of 150 feet above the highest point on the runway and then continues horizontally at that height in all directions for a distance of one (1) mile from all points on the perimeter of the runway; except that it shall not interfere with previously described approach zone surfaces. Furthermore, an additional 250 feet on either side of said primary surface will remain as an obstacle free area and will also accommodate the runway safety area. This will insure the prevention of obstacles for a total distance of 500 feet either side of the runway centerline. All structures built outside this area will comply with the requirements of FAA Part 77.
The area covered by the previously described surfaces shall be known as the “airport influence area” and is delineated on a map on file in the County Planning Office in the (named county) Courthouse, (named city and state) identified as the official map of the airport influence area by the county commissioners of (named county).
TO HAVE AND TO HOLD said easement and right-of-way and all rights appertaining thereto unto the Grantee, its successors and assigns, until said (named county) Airport shall be abandoned and shall cease to be used for public airport purposes, it being understood and agreed that these covenants and agreements shall run with the land.
IN WITNESS THEREOF, the Grantor has hereunto set his/her hand and seal this ______ day of _________.