006 of 2019 - Initiation and Completion of Eminent Domain Proceedings (Avigation Easement) R 19-1
R 19-6
RESOLUTION NO. 6 of 2019
A resolution for initiation and completion of eminent domain proceedings.
WHEREAS,the Salt Lake City Department of Airports owns and operates an airport
in Tooele County that acts as a reliever to the Salt Lake City International Airport(SLCIA);
and
WHEREAS, SLCIA handled over 325,093 aircraft operations during 2017, making
it the twenty-third busiest airport in the United States,and conservative forecasts project that
in the next 20 years operations at SLCIA will increase to over 436,000; and
WHEREAS, significant numbers of operations at SLCIA are attributable to flight
school operations and other general aviation operations; and
WHEREAS, safety is enhanced when flight school operations and other general
aviation operations can be separated from large commercial aircraft, particularly at airport
facilities that are congested; and
WHEREAS, flight school operations and other general aviation operations benefit
from facilities that are devoted to their needs due to the benefits of greatly reduced
congestion, including enhanced safety, reduced wait times when using the airfield, and
reduced fuel expenses associated with wait times; and
WHEREAS, the Tooele Valley Airport has the ability to support more flight
operations than it does today; and
WHEREAS, operations at the Tooele Valley Airport do not interfere with the flight
path or other operating needs of SLCIA, making it an optimal location to expand general
aviation operations and facilities; and
WHEREAS, the Federal Aviation Administration (FAA) has expressed support for
developing facilities at the Tooele Valley Airport to assist in reducing congestion and further
enhancing safety at SLCIA; and
WHEREAS, the FAA installed an instrument landing system (ILS) at the Tooele
Valley Airport to promote greater use of that airport by flight schools and other general
aviation aircraft; and
WHEREAS, some property interests surrounding the Tooele Valley Airport were
impacted by the installation and operation of the ILS, which includes the airspace over
certain property affected by federal regulations for missed approaches and for runway
precision and non-precision approach and transitional surfaces, and other properties and
property interests; and
WHEREAS, these property impacts are necessary to comply with federal
requirements for funding, navigation and security, to control and protect the airspace close
to the airport against obstacles that can penetrate mandatory surfaces and thereby impair
1
flight activities, to protect persons and property on the ground within Runway Protection
Zones at the ends of the runways, and to provide for proper operations at the airport; and
WHEREAS, the benefits of the ILS at the Tooele Valley Airport can only be
achieved for that airport, for SLCIA, for the surrounding community in Tooele County, and
for the state and regional aviation activities by impacting these property interests; and
WHEREAS, the Salt Lake City Council and Airport Board are strongly concerned
with growth,congestion and safety issues,and how they impact SLCIA,the general aviation
community, and aviation within this region; and
WHEREAS, the City of Salt Lake City (City) is authorized to acquire private
property for public use through the exercise of eminent domain; and
WHEREAS, the City has determined that the airspace above certain parcels of land
must be acquired to accommodate the public uses and purposes identified in the foregoing
recitals, collectively referred to herein as "Public Uses and Purposes;" and
WHEREAS, the City has extended an offer to the property owner to purchase the
property which is the subject of this resolution for its appraised value; and
WHEREAS, to comply with grant obligations to the FAA the City must acquire the
property described below through the exercise of its power of eminent domain for the Public
Use and Purposes, including without limitation, to alleviate congestion and improve safety
at SLCIA by continued use of the ILS system at the Tooele Valley Airport; to comply with
federal requirements for navigation and security;to control and protect the air space close to
the Tooele Valley Airport against obstacles that can penetrate mandatory surfaces and
thereby impair flight activities; to protect persons and property on the ground within the
Runway Protection Zones;to improve safety and provide for proper operations at the Tooele
Valley Airport; and for other public purposes;
NOW, THEREFORE, BE IT RESOLVED by the City Council of Salt Lake City,
Utah.
Section 1. The Salt Lake City Council finds and determines that the public
interest requires the acquisition, of an avigation (airspace) easement burdening certain
parcels of real estate located in Tooele County and identified as parcel numbers 14-11-0-
0001; 14-11-0-0002; 14-11-0-0003; and 14-11-0-0004, as more fully described in Exhibits
1, 2, 3 &4 attached hereto; for the Public Uses and Purposes described above, and for other
lawful and legitimate Public Uses and Purposes.
Section 2. The parcels of property to be affected by the action taken in Section
1, above, are owned by Barbara Jean Kunz and Neil Norris Kunz as set forth below. The
affected property is located at the following addresses in Tooele County, Utah: parcel 14-
11-0-0001 at 3808 North 2125 West, Erda, Utah, titled in the name of Neil Norris Kunz;
parcel 14-11-0-0002 at 3854 North 2125 West, Erda, Utah, titled in the name of Barbara
Jean Kunz;parcel 14-11-0-0003 at 3908 North 2125 West, Erda,Utah,titled in the name of
2
Barbara Jean Kunz; and parcel 14-11-0-0004 at 3966 North 2125 West, Erda,Utah,titled in
the name of Barbara Jean Kunz.
Section 3. The proposed acquisition and the Public Uses and Purposes are
planned and located in a manner that will be most compatible with the greatest public good
and the least private injury; the Public Uses and Purposes are authorized by law; and the
proposed taking is necessary for the Public Uses and Purposes;
Section 4. The Mayor, City Attorney, and the staff of the Salt Lake City
Department of Airports are authorized and directed, on behalf of the City:
a. To acquire in the name of the City, easements in the real property as
set forth herein, by purchase if a reasonable purchase price consistent with the City's
appraised value, can be negotiated, or by eminent domain proceedings.
b. To prepare and prosecute such proceedings or proceedings in the
proper court having jurisdiction thereof as is necessary for such acquisitions.
C. To obtain from the court an order permitting the City to continue
possession and use of said real property and easements affecting said real property, as may
be necessary or helpful, for the purposes herein described.
d. To use the services of outside counsel as necessary or helpful, to
accomplish these directives.
Section S. This resolution shall take effect immediately.
Passed by the City Council of Salt Lake Cit a , 29 March, 2019.
S T C COUNCIL
B
C SON
APPROVED AS TO FORM
SALT L KE CITY AT RNEY'S OFFICE
Ank
CITY
Cathe ' I.LL. !��ay
DATED this of March, 2019.
i
E
CITY RECORDER
DATED this 29 day of March , 2019.
3
EXHIBIT"1"
After recording, return to:
Salt Lake City Department of Airports
Planning and Environment
P.O.Box 145550
Salt Lake City,UT 84114
AVIGATION EASEMENT
An Avigation Easement affecting Tooele County tax parcel number 14-011-0-0001, in
favor of Salt Lake City Corporation, a perpetual and assignable easement in the airspace above
and over the parcel of land described in Exhibit "A," attached hereto and by this reference
incorporated herein, hereinafter referred to as the "Real Property," for the free and unrestricted
passage of aircraft of any and all kinds as allowed pursuant to the Tooele Valley Airport Layout
Plan in effect on July 9, 2007, for the purpose of transporting persons or property through the air,
in, through, across and about the airspace over the Real Property, and all other aeronautical
activities therein. The Airspace shall mean that space above the Real Property which is above the
height limit established for the Real Property which is described as a sloping plane starting 4379.84
feet,North American Vertical Datum of 1988 (NAVD 88), above the north property line of Lot 1,
Kunz Estates Subdivision(said elevation along north property line also being approximately 34.05
feet above the natural ground existing on the date written below)and rising to 4388.49 feet NAVD
88 above the south property line of Lot 1,Kunz Estates Subdivision(said elevation along the south
property line also being approximately 36.09 feet above the natural ground existing on the date
written below).
The rights hereby granted by the Final Judgment of Condemnation to Salt Lake City
Corporation in the Airspace above and over the Real Property are for the purpose of insuring that
the Airspace shall remain free and clear for the flight of aircraft landing at or taking off from or
otherwise using the Tooele Valley Airport described in Exhibit "B" attached hereto and by this
reference incorporated herein, (hereinafter referred to as "Airport"). Said easement and the rights
appertaining thereto shall be for the benefit of Salt Lake City Corporation, its successors, assigns,
guests, invitees, including any and all persons, firms or corporations operating aircraft to or from
the Airport. In perpetuity, said easement and the burden thereof, together with all things which
may be alleged to be incidental to or to result from the use and enjoyment of said easement, shall
constitute permanent burdens and servient tenements on the Real Property and the same shall run
with the land and be binding upon and enforceable against all successors in right, title or interest
to said Real Property. Neither Property Owners nor their heirs, successors and assigns shall
hereafter erect or permit the erection or growth of any object within the Airspace.
EXHIBIT "A"
The following description is the Real Property situated in Tooele County, at
approximately 3808 North 2125 West, Erda, Tooele County, Utah, parcel number 14-011-0-
0001.
DESCRIPTION:
Avigation Easement affecting portions of Lot 1 of"Kunz Estates Subdivision" in the SE '/4 of
Section 36 T.2 S., R.5 W., S.L.B.&M., (recorded as Entry# 168567 in Book 701 Page 573 of
Tooele County records), and being more particularly described as follows:
Beginning at the Northeast corner of Lot 1 of said"Kunz Estates Subdivision"as shown on the
official Plat thereof;
THENCE 5.89041'30"W. 595.76 ft.;
THENCE 5.02028'45"W. 292.09 ft.;
THENCE N.89041'30"E. 609.51 ft.;
THENCE N.000 13'05"W. 291.75 ft.to Beginning—(affects 4.0362 Acres).
EXHIBIT"B"
Tooele Valley Airport
Boundary Description
THE EXTERIOR BOUNDARY OF THE TOOELE VALLEY AIRPORT DESCRIBED
IN THE"AIRPORT GRID SYSTEM"AS FOLLOWS:
BEGINNING AT"AGS" STATION 36+14.56S 2+49.86W-THE TOWNSHIP
CORNER COMMON TO T.2 S.,RA W.AND T.2 S.,R.5 W.AND T.3 S.,RA W.AND T.3 S.,
R.5 W., S.L.B.&M.;
THENCE N.00006'42"E. 923.74 FT. ALONG THE RANGE LINE;
THENCE N.89058'49"W. 875.09 FT.;
THENCE N.00006'42"E. 308.40 FT.;
THENCE S.89058'49"E. 875.11 FT.;
THENCE N.00006'42"E. 397.23 FT.ALONG THE RANGE LINE;
THENCE S.89042'11"W. 265.00 FT.;
THENCE N.00006'42"E. 1063.28 FT.;
THENCE S.89058'55"W. 108.51 FT.ALONG THE NORTH LINE OF
"ERDA WAY";
THENCE N.00023'59"E. 410.92 FT.;
THENCE S.89052'51"W. 235.40 FT. TO THE EAST LINE OF"PALMER
ACRES SUBDIVISION';
THENCE S.03038'26"E. 411.32 FT.TO THE SE COR. OF LOT 1 OF
SAID SUBDIVISION;
THENCE S.89058'55"W. 324.00 FT.TO THE SW COR. OF LOT 1;
THENCE N.00006'47"E. 2287.94 FT.TO THE NW COR. OF LOT 8;
THENCE S.89051'55"W. 60.00 FT. TO THE EAST LINE OF"GOLDEN
GARDENS SUBDIVISION ADDITION
NUMBER ONE";
THENCE N.00006147"E. 319.50 FT.TO A POINT S.89051'55"W. 964.97
FT.FROM THE MONUMENTED
NORTHEAST CORNER OF SEC. 36 .2S., R.5
W., S.L.B.&M.;
THENCE N.00006'47"E. 1.39 FT.TO THE"OCCUPIED"(FENCED)NE
COR. OF LOT 43 OF SAID SUBDIVISION;
THENCE S.89053'18"W. 40.65 FT.;
THENCE N.00007'39"E. 2641.36 FT. ALONG A LINE 1005.62 FT.
WEST OF AND PARALLEL WITH THE EAST
LINE OF THE SE '/4 OF SECTION 25 T.2.S.,
R.5 W.;
THENCE S.89058'36"W. 314.38 FT. ALONG THE %4 SECTION LINE;
THENCE N.00008'00"E. 2643.53 FT.ALONG A LINE 1320.00 FT.
WEST OF AND PARALLEL WITH THE EAST
LINE OF THE NE '/4 OF SAID SECTION 25;
THENCE S.89054'43"E. 740.49 FT. ALONG THE SECTION LINE;
THENCE N.57001'10"E. 239.68 FT.ALONG THE SOUTHERLY LINE
OF SR-138;
THENCE N.08031'51"W. 1820.91 FT.;
THENCE N.90000'00"E. 656.69 FT. TO THE RANGE LINE;
THENCE N.90000'00"E. 1093.31 FT.;
THENCE S.08031'51"W. 941.53 FT.;
THENCE N.57002'33"E. 436.35 FT. ALONG THE SOUTHERLY LINE
OF SR-138;
THENCE S.000 14'10"W. 1236.45 FT. ALONG THE EAST LINE OF
SECTIONAL LOT 4 OF SECTION 19 T.2 S.,
RA W.;
THENCE S.00006'23"W. 2642.44 FT.ALONG THE EAST LINE OF
SECTIONAL LOT 1 AND 2 OF SECTION 30;
THENCE S.89058'50"W. 17.57 FT.ALONG THE %4 SECTION LINE;
THENCE S.00003'03"W. 2642.43 FT. ALONG THAT"COMMON
BOUNDARY LINE"-(PER ENTRY#153273
IN BOOK 641 PAGES 5 THRU 8 OF
OFFICIAL RECORDS);
THENCE N.89056'55"W. 150.08 FT.ALONG THE SECTION LINE;
THENCE S.00007'56"W. 2607.61 FT.;
THENCE N.89058'36"W. 408.82 FT.ALONG THE NORTH LINE OF
"ERDA WAY";
THENCE S.00006'42"W. 877.79 FT.;
THENCE N.90000'00"W. 487.31 FT.TO THE WEST LINE OF
"WALTERS HERITAGE SUBDIVISION
PHASE 2";
THENCE S.00006'42"W. 489.44 FT.TO THE SW COR.OF LOT 206 OF
SAID SUBDIVISION;
THENCE S.89059'39"E. 1637.00 FT.ALONG THE 1/16TH LINE;
THENCE S.00006'42"W. 1324.72 FT.ALONG A LINE 1901.00 FT.
EAST OF AND PARALLEL WITH THE WEST
LINE OF THE SW '/4 OF SECTION 31 T.2 S.,
RA W.;
THENCE N.89059'43"E. 16.00 FT.ALONG THE TOWNSHIP LINE;
THENCE 5.00000'36"E. 972.68 FT. ALONG A LINE 1917.00 FT.EAST
OF AND PARALLEL WITH THE WEST LINE
OF THE NW %4 OF SECTION 6 T.3 S.,RA W.;
THENCE N.84001'53"W. 1927.48 FT. TO THE RANGE LINE;
THENCE N.00000'36"W. 772.10 FT.TO BEGINNING&EMBRACING
625.719 AC.
Excluding"Brda Way" (1.756 Ac.) &"SR-138"(5.491 Ac.),
[Net Area for Tooele Valley Airport=618.472 Acres]
Note: Basis of Bearings for the Airport Grid System ("AGS") is the Centerline of
Runway called"NORTH". This represents a rotation of 00°21'07" from "True".
4819-7047-5373,v.1
EXHIBIT"2"
After recording, return to:
Salt Lake City Department of Airports
Planning and Environment
P.O.Box 145550
Salt Lake City,UT 84114
AVIGATION EASEMENT
An Avigation Easement affecting Tooele County tax parcel number 14-011-0-0002, in
favor of Salt Lake City Corporation, a . perpetual and assignable easement in the airspace above
and over the parcel of land described in Exhibit "A," attached hereto and by this reference
incorporated herein, hereinafter referred to as the "Real Property," for the free and unrestricted
passage of aircraft of any and all kinds as allowed pursuant to the Tooele Valley Airport Layout
Plan in effect on July 9, 2007, for the purpose of transporting persons or property through the air,
in, through, across and about the airspace over the Real Property, and all other aeronautical
activities therein. The Airspace shall mean that space above the Real Property which is above the
height limit established for the Real Property which is described as a sloping plane starting 4370.05
feet,North American Vertical Datum of 1988 (NAVC 88),above the north property line of Lot 2,
Kunz Estates Subdivision(said elevation along north property line also being approximately 29.18
feet above the natural ground existing on the date written below)and rising to 4379.84 feet NAVD
88 above the south property line of Lot 2,Kunz Estates Subdivision(said elevation along the south
property line also being approximately 34.05 feet above the natural ground existing on the date
written below).
The rights hereby granted by the Final Judgment of Condemnation to Salt Lake City
Corporation in the Airspace above and over the Real Property are for the purpose of insuring that
the Airspace shall remain free and clear for the flight of aircraft landing at or taking off from or
otherwise using the Tooele Valley Airport described in Exhibit "B" attached hereto and by this
reference incorporated herein, (hereinafter referred to as "Airport"). Said easement and the rights
appertaining thereto shall be for the benefit of Salt Lake City Corporation, its successors, assigns,
guests, invitees, including any and all persons, firms or corporations operating aircraft to or from
the Airport. In perpetuity, said easement and the burden thereof, together with all things which
may be alleged to be incidental to or to result from the use and enjoyment of said easement, shall
constitute permanent burdens and servient tenements on the Real Property and the same shall run
with the land and be binding upon and enforceable against all successors in right, title or interest
to said Real Property. Neither Property Owners nor their heirs, successors and assigns shall
hereafter erect or permit the erection or growth of any object within the Airspace.
EXHIBIT "A"
The following description is the Real Property situated in Tooele County, at
approximately 3854 North 2125 West, Erda, Tooele County,Utah, parcel number 14-011-0-
0002.
DESCRIPTION:
Avigation Easement affecting portions of Lot 2 of"Kunz Estates Subdivision" in the SE '/4 of
ection 36 T.2 S., R.5 W., S.L.B.&M., (recorded as Entry# 168567 in Book 701 Page 573 of
Tooele County records), and being more particularly described as follows:
Beginning at the Northeast corner of Lot 2 of said "Kunz Estates Subdivision"as shown on the
official Plat thereof;
THENCE 5.89041'30"W. 315.07 ft.;
THENCE S.02028'45"W. 333.39 ft.;
THENCE N.89041'30"E. 595.76 ft.;
THENCE N.00013'05"W. 96.66 ft.;
THENCE S.89041'30"W. 265.00 ft.;
THENCE N.000 13'05"W. 236.34 ft. to Beginning—(affects 3.0566 Acres);
EXHIBIT `B"
Tooele Valley Airport
Boundary Description
THE EXTERIOR BOUNDARY OF THE TOOELE VALLEY AIRPORT DESCRIBED
IN THE"AIRPORT GRID SYSTEM"AS FOLLOWS:
BEGINNING AT"AGS" STATION 36+14.56S 2+49.86W—THE TOWNSHIP
CORNER COMMON TO T.2 S., RA W.AND T.2 S., R.5 W. AND T.3 S.,RA W. AND T.3 S.,
R.5 W., S.L.B.&M.;
THENCE N.00006'42"E. 923.74 FT.ALONG THE RANGE LINE;
THENCE N.89058'49"W. 875.09 FT.;
THENCE N.00006'42"E. 308.40 FT.;
THENCE S.89058'49"E. 875.11 FT.;
THENCE N.00006'42"E. 397.23 FT. ALONG THE RANGE LINE;
THENCE S.89042'11"W. 265.00 FT.;
THENCE N.00006'42"E. 1063.28 FT.;
THENCE S.89058'55"W. 108.51 FT. ALONG THE NORTH LINE OF
"BRDA WAY";
THENCE N.00023'59"E. 410.92 FT.;
THENCE S.89052'51"W. 235.40 FT.TO THE EAST LINE OF"PALMER
ACRES SUBDIVISION";
THENCE S.03038'26"E. 411.32 FT.TO THE SE COR. OF LOT I OF
SAID SUBDIVISION;
THENCE S.89058'55"W. 324.00 FT.TO THE SW COR. OF LOT 1;
THENCE N.00006'47"E. 2287.94 FT.TO THE NW COR. OF LOT 8;
THENCE S.89051'55"W. 60.00 FT.TO THE EAST LINE OF"GOLDEN
GARDENS SUBDIVISION ADDITION
NUMBER ONE";
THENCE N.00006'47"E. 319.50 FT.TO A POINT S.89051'55"W. 964.97
FT.FROM THE MONUMENTED
NORTHEAST CORNER OF SEC. 36 .2S., R.5
W., S.L.B.&M.;
THENCE N.00006'47"E. 1.39 FT.TO THE"OCCUPIED" (FENCED)NE
COR. OF LOT 43 OF SAID SUBDIVISION;
THENCE S.89053'18"W. 40.65 FT.;
THENCE N.00007'39"E. 2641.36 FT. ALONG A LINE 1005.62 FT.
WEST OF AND PARALLEL WITH THE EAST
LINE OF THE SE '/4 OF SECTION 25 T.2.S.,
R.5 W.;
THENCE S.89058'36"W. 314.38 FT.ALONG THE '/4 SECTION LINE;
THENCE N.00008'00"E. 2643.53 FT.ALONG A LINE 1320.00 FT.
WEST OF AND PARALLEL WITH THE EAST
LINE OF THE NE '/4 OF SAID SECTION 25;
THENCE 5.89054'43"E. 740.49 FT.ALONG THE SECTION LINE;
THENCE N.57001'10"E. 239.68 FT. ALONG THE SOUTHERLY LINE
OF SR-138;
THENCE N.08031'51"W. 1820.91 FT.;
THENCE N.90000'00"E. 656.69 FT.TO THE RANGE LINE;
THENCE N.90000'00"E. 1093.31 FT.;
THENCE 5.08031'51"W. 941.53 FT.;
THENCE N.57002'33"E. 436.35 FT.ALONG THE SOUTHERLY LINE
OF SR-138;
THENCE S.000 14'10"W. 1236.45 FT.ALONG THE EAST LINE OF
SECTIONAL LOT 4 OF SECTION 19 T.2 S.,
RA W.;
THENCE S.00006'23"W. 2642.44 FT. ALONG THE EAST LINE OF
SECTIONAL LOT 1 AND 2 OF SECTION 30;
THENCE S.89058'50"W. 17.57 FT. ALONG T14E '/4 SECTION LINE;
THENCE 5.00003'03"W. 2642.43 FT.ALONG THAT"COMMON
BOUNDARY LINE"-(PER ENTRY#153273
IN BOOK 641 PAGES 5 THRU 8 OF
OFFICIAL RECORDS);
THENCE N.89056'55"W. 150.08 FT.ALONG THE SECTION LINE;
THENCE 5.00007'56"W. 2607.61 FT.;
THENCE N.89058'36"W. 408.82 FT. ALONG THE NORTH LINE OF
"ERDA WAY";
THENCE 5.00006'42"W. 877.79 FT.;
THENCE N.90000'00"W. 487.31 FT.TO THE WEST LINE OF
"WALTERS HERITAGE SUBDIVISION
PHASE 2";
THENCE 5.00006'42"W. 489.44 FT. TO THE SW COR. OF LOT 206 OF
SAID SUBDIVISION;
THENCE S.89059'39"E. 1637.00 FT. ALONG THE 1/16TH LINE;
THENCE S.00006'42"W. 1324.72 FT.ALONG A LINE 1901.00 FT.
EAST OF AND PARALLEL WITH THE WEST
LINE OF THE SW '/4 OF SECTION 31 T.2 S.,
RA W.;
THENCE N.89059'43"E. 16.00 FT. ALONG THE TOWNSHIP LINE;
THENCE S.00000'36"E. 972.68 FT.ALONG A LINE 1917.00 FT. EAST
OF AND PARALLEL WITH THE WEST LINE
OF THE NW %4 OF SECTION 6 T.3 S.,RA W.;
THENCE N.84001'53"W. 1927.48 FT.TO THE RANGE LINE;
THENCE N.00000'36"W. 772.10 FT. TO BEGINNING&EMBRACING
625.719 AC.
Excluding"Brda Way" (1.756 Ac.) &"SR-138"(5.491 Ac.),
[Net Area for Tooele Valley Airport=618.472 Acres]
Note: Basis of Bearings for the Airport Grid System ("AGS") is the Centerline of
Runway called"NORTH". This represents a rotation of 00°21'07" from "True".
4820-5436-1453,v. 1
EXHIBIT "3"
After recording, return to:
Salt Lake City Department of Airports
Planning and Environment
P.O. Box 14550
Salt Lake City,UT 84114
AVIGATION EASEMENT
An Avigation Easement affecting Tooele County tax parcel numbers 14-011-0-0003, in
favor of Salt Lake City Corporation, a perpetual and assignable easement in the airspace above
and over the parcel of land described in Exhibit "A," attached hereto and by this reference
incorporated herein, hereinafter referred to as the "Real Property," for the free and unrestricted
passage of aircraft of any and all kinds as allowed pursuant to the Tooele Valley Airport Layout
Plan in effect on July 9, 2007, for the purpose of transporting persons or property through the air,
in, through, across and about the airspace over the Real Property, and all other aeronautical
activities therein. The Airspace shall mean that space above the Real Property which is above the
height limit established for the Real Property which is described as a sloping plane starting 4359.09
feet,North American Vertical Datum of 1988 (NAVC 88), above the north property line of Lot 3,
Kunz Estates Subdivision(said elevation along north property line also being approximately 23.07
feet above the natural ground existing on the date written below)and rising to 4370.05 feet NAVD
88 above the south property line of Lot 3,Kunz Estates Subdivision(said elevation along the south
property line also being approximately 29.18 feet above the natural ground existing on the date
written below).
The rights hereby granted by the Final Judgment of Condemnation to Salt Lake City
Corporation in the Airspace above and over the Real Property are for the purpose of insuring that
the Airspace shall remain free and clear for the flight of aircraft landing at or taking off from or
otherwise using the Tooele Valley Airport described in Exhibit "B" attached hereto and by this
reference incorporated herein, (hereinafter referred to as "Airport"). Said easement and the rights
appertaining thereto shall be for the benefit of Salt Lake City Corporation, its successors, assigns,
guests, invitees, including any and all persons, firms or corporations operating aircraft to or from
the Airport. In perpetuity, said easement and the burden thereof, together with all things which
may be alleged to be incidental to or to result from the use and enjoyment of said easement, shall
constitute permanent burdens and servient tenements on the Real Property and the same shall run
with the land and be binding upon and enforceable against all successors in right, title or interest
to said Real Property. Neither Property Owners nor their heirs, successors and assigns shall
hereafter erect or permit the erection or growth of any object within the Airspace.
EXHIBIT "A"
The following description is the Real Property situated in Tooele County, at
approximately 3908 North 2125 West,Erda, Tooele County, Utah, parcel number 14-011-0-
0003.
DESCRIPTION:
Avigation Easement affecting portions of Lot 3 of "Kunz Estates Subdivision"in the SE '/a of
Section 36 T.2 S., R.5 W., S.L.B.&M., (recorded as Entry# 168567 in Book 701 Page 573 of
Tooele County records), and being more particularly described as follows:
Beginning at the Northeast corner of Lot 3 of said "Kunz Estates Subdivision"as shown on the
official Plat thereof;
THENCE 5.89041'30"W. 297.41 ft.;
THENCE S.02028'45"W. 375.28 ft.;
THENCE N.89041'30"E. 315.07 ft.;
THENCE N.00013'05"W. 374.83 ft.to Beginning—(affects 2.6352 Acres);
EXHIBIT"B"
Tooele Valley Airport
Boundary Description
THE EXTERIOR BOUNDARY OF THE TOOELE VALLEY AIRPORT DESCRIBED IN
THE"AIRPORT GRID SYSTEM"AS FOLLOWS:
BEGINNING AT"AGS" STATION 36+14.56S 2+49.86W-THE TOWNSHIP CORNER
COMMON TO T.2 S.,RA W.AND T.2 S., R.5 W. AND T.3 S., RA W.AND T.3 S.,R.5 W.,
S.L.B.&M.;
THENCE N.00006'42"E. 923.74 FT.ALONG THE RANGE LINE;
THENCE N.89058'49"W. 875.09 FT.;
THENCE N.00006'42"E. 308.40 FT.;
THENCE 5.89058'49"E. 875.11 FT.;
THENCE N.00006'42"E. 397.23 FT.ALONG THE RANGE LINE;
THENCE S.89042'11"W. 265.00 FT.;
THENCE N.00006'42"E. 1063.28 FT.;
THENCE S.89058'55"W. 108.51 FT. ALONG THE NORTH LINE OF
"BRDA WAY";
THENCE N.00023'59"E. 410.92 FT.;
THENCE 5.89052'51"W. 235.40 FT. TO THE EAST LINE OF "PALMER
ACRES SUBDIVISION";
THENCE S.03038'26"E. 411.32 FT. TO THE SE COR. OF LOT 1 OF
SAID SUBDIVISION;
THENCE 5.89058'55"W. 324.00 FT.TO THE SW COR. OF LOT 1;
THENCE N.00006'47"E. 2287.94 FT. TO THE NW COR. OF LOT 8;
THENCE S.89051'55"W. 60.00 FT.TO THE EAST LINE OF"GOLDEN
GARDENS SUBDIVISION ADDITION
NUMBER ONE";
THENCE N.00006'47"E. 319.50 FT. TO A POINT 5.89051'55"W. 964.97
FT. FROM THE MONUMENTED
NORTHEAST CORNER OF SEC. 36 .25., R.5
W., S.L.B.&M.;
THENCE N.00006'47"E. 1.39 FT.TO THE"OCCUPIED" (FENCED)NE
COR. OF LOT 43 OF SAID SUBDIVISION;
THENCE 5.89053'18"W. 40.65 FT.;
THENCE N.00007'39"E. 2641.36 FT.ALONG A LINE 1005.62 FT.
WEST OF AND PARALLEL WITH THE EAST
LINE OF THE SE '/4 OF SECTION 25 T.2.S.,
R.5 W.;
THENCE S.89058'36"W. 314.38 FT. ALONG THE 'ASECTION LINE;
THENCE N.00008'00"E. 2643.53 FT.ALONG A LINE 1320.00 FT.
WEST OF AND PARALLEL WITH THE EAST
LINE OF THE NE '/4 OF SAID SECTION 25;
THENCE 5.89054'43"E. 740.49 FT. ALONG THE SECTION LINE;
THENCE N.57001'10"E. 239.68 FT. ALONG THE SOUTHERLY LINE
OF SR-138;
THENCE N.08031'51"W. 1820.91 FT.;
THENCE N.90000'00"E. 656.69 FT.TO THE RANGE LINE;
THENCE N.90000'00"E. 1093.31 FT.;
THENCE S.08031'51"W. 941.53 FT.;
THENCE N.57002'33"E. 436.35 FT. ALONG THE SOUTHERLY LINE
OF SR-138;
THENCE 5.000 14'10"W. 1236.45 FT.ALONG THE EAST LINE OF
SECTIONAL LOT 4 OF SECTION 19 T.2 S.,
RA W.;
THENCE 5.00006'23"W. 2642.44 FT.ALONG THE EAST LINE OF
SECTIONAL LOT 1 AND 2 OF SECTION 30;
THENCE 5.89058'50"W. 17.57 FT. ALONG THE '/4 SECTION LINE;
THENCE S.00003'03"W. 2642.43 FT. ALONG THAT"COMMON
BOUNDARY LINE"-(PER ENTRY#153273
IN BOOK 641 PAGES 5 THRU 8 OF
OFFICIAL RECORDS);
THENCE N.89056'55"W. 150.08 FT. ALONG THE SECTION LINE;
THENCE 5.00007'56"W. 2607.61 FT.;
THENCE N.89058'36"W. 408.82 FT.ALONG THE NORTH LINE OF
"ERDA WAY";
THENCE 5.00006'42"W. 877.79 FT.;
THENCE N.90000'00"W. 487.31 FT. TO THE WEST LINE OF
"WALTERS HERITAGE SUBDIVISION
PHASE 2";
THENCE S.00006'42"W. 489.44 FT. TO THE SW COR. OF LOT 206 OF
SAID SUBDIVISION;
THENCE S.89059'39"E. 1637.00 FT. ALONG THE 1/16TH LINE;
THENCE 5.00006'42"W. 1324.72 FT. ALONG A LINE 1901.00 FT.
EAST OF AND PARALLEL WITH THE WEST
LINE OF THE SW '/4 OF SECTION 31 T.2 S.,
RA W.;
THENCE N.89059'43"E. 16.00 FT. ALONG THE TOWNSHIP LINE;
THENCE 5.00000'36"E. 972.68 FT.ALONG A LINE 1917.00 FT.EAST
OF AND PARALLEL WITH THE WEST LINE
OF THE NW 1/4 OF SECTION 6 T.3 S.,RA W.;
THENCE N.84001'53"W. 1927.48 FT.TO THE RANGE LINE;
THENCE N.00000'36"W. 772.10 FT.TO BEGINNING&EMBRACING
625.719 AC.
Excluding"Brda Way" (1.756 Ac.) &"SR-138"(5.491 Ac.),
[Net Area for Tooele Valley Airport=618.472 Acres]
Note: Basis of Bearings for the Airport Grid System("AGS") is the Centerline of
Runway called"NORTH". This represents a rotation of 00°21'07" from "True".
EXHIBIT"4"
After recording, return to:
Salt Lake City Department of Airports
Planning and Environment
P.O. Box 145550
Salt Lake City,UT 84114
AVIGATION EASEMENT
An Avigation Easement affecting Tooele County tax parcel numbers 14-011-0-0004, in
favor of Salt Lake City Corporation, a perpetual and assignable easement in the airspace above
and over the parcel of land described in Exhibit "A," attached hereto and by this reference
incorporated herein, hereinafter referred to as the 'Real Property," for the free and unrestricted
passage of aircraft of any and all kinds as allowed pursuant to the Tooele Valley Airport Layout
Plan in effect on July 9, 2007, for the purpose of transporting persons or property through the air,
in, through, across and about the airspace over the Real Property, and all other aeronautical
activities therein. The Airspace shall mean that space above the Real Property which is above the
height limit established for the Real Property which is described as a sloping plane starting 4347.86
feet,North American Vertical Datum of 1988 (NAVC 88),above the north property line of Lot 4,
Kunz Estates Subdivision(said elevation along north property line also being approximately 15.69
feet above the natural ground existing on the date written below)and rising to 4359.09 feet NAVD
88 above the south property line of Lot 4,Kunz Estates Subdivision(said elevation along the south
property line also being approximately 23.07 feet above the natural ground existing on the date
written below).
The rights hereby granted by the Final Judgment of Condemnation to Salt Lake City
Corporation in the Airspace above and over the Real Property are for the purpose of insuring that
the Airspace shall remain free and clear for the flight of aircraft landing at or taking off from or
otherwise using the Tooele Valley Airport described in Exhibit "B" attached hereto and by this
reference incorporated herein, (hereinafter referred to as "Airport"). Said easement and the rights
appertaining thereto shall be for the benefit of Salt Lake City Corporation, its successors, assigns,
guests, invitees, including any and all persons, firms or corporations operating aircraft to or from
the Airport. In perpetuity, said easement and the burden thereof, together with all things which
may be alleged to be incidental to or to result from the use and enjoyment of said easement, shall
constitute permanent burdens and servient tenements on the Real Property and the same shall run
with the land and be binding upon and enforceable against all successors in right, title or interest
to said Real Property. Neither Property Owners nor their heirs, successors and assigns shall
hereafter erect or permit the erection or growth of any object within the Airspace.
EXHIBIT "A"
The following description is the Real Property situated in Tooele County, at
approximately 3966 North 2125 West, Erda, Tooele County, Utah, parcel number 14-011-0-
0004.
DESCRIPTION:
Avigation Easement affecting portions of Lot 4 of"Kunz Estates Subdivision" in the SE '/4 of
Section 36 T.2 S., R.5 W., S.L.B.&M., (recorded as Entry# 168567 in Book 701 Page 573 of
Tooele County records), and being more particularly described as follows:
Beginning at the Northeast corner of Lot 4 of said "Kunz Estates Subdivision"as shown on the
official Plat thereof;
THENCE S.89041'30"W. 279.75 ft.;
THENCE S.02028'45"W. 375.28 ft.;
THENCE N.89041'30"E. 297.41 ft.;
THENCE N.00013'05"W. 374.83 ft.to Beginning—(affects 2.4832 Acres);
EXHIBIT "B"
Tooele Valley Airport
Boundary Description
THE EXTERIOR BOUNDARY OF THE TOOELE VALLEY AIRPORT
DESCRIBED IN THE"AIRPORT GRID SYSTEM"AS FOLLOWS:
BEGINNING AT"AGS" STATION 36+14.565 2+49.86W-THE TOWNSHIP
CORNER COMMON TO T.2 S., RA W. AND T.2 S., R.5 W. AND T.3 S., RA W.AND T.3
S., R.5 W., S.L.B.&M.;
THENCE N.00006'42"E. 923.74 FT.ALONG THE RANGE LINE;
THENCE N.89058'49"W. 875.09 FT.;
THENCE N.00006'42"E. 308.40 FT.;
THENCE S.89058'49"E. 875.11 FT.;
THENCE N.00006'42"E. 397.23 FT.ALONG THE RANGE LINE;
THENCE S.89042'11"W. 265.00 FT.;
THENCE N.00006'42"E. 1063.28 FT.;
THENCE 5.89058'55"W. 108.51 FT.ALONG THE NORTH LINE OF
"ERDA WAY";
THENCE N.0002359"E. 410.92 FT.;
THENCE S.89052'51"W. 235.40 FT. TO THE EAST LINE OF "PALMER
ACRES SUBDIVISION";
THENCE 5.03038'26"E. 411.32 FT. TO THE SE COR. OF LOT 1 OF
SAID SUBDIVISION;
THENCE 5.89058'55"W. 324.00 FT. TO THE SW COR. OF LOT 1;
THENCE N.00006'47"E. 2287.94 FT.TO THE NW COR. OF LOT 8;
THENCE S.89051'55"W. 60.00 FT. TO THE EAST LINE OF"GOLDEN
GARDENS SUBDIVISION ADDITION
NUMBER ONE";
THENCE N.00006'47"E. 319.50 FT.TO A POINT S.89051'55"W. 964.97
FT. FROM THE MONUMENTED
NORTHEAST CORNER OF SEC. 36 .2S., R.5
W., S.L.B.&M.;
THENCE N.00006'47"E. 1.39 FT.TO THE"OCCUPIED"(FENCED)NE
COR. OF LOT 43 OF SAID SUBDIVISION;
THENCE 5.89053'18"W. 40.65 FT.;
THENCE N.00007'39"E. 2641.36 FT. ALONG A LINE 1005.62 FT.
WEST OF AND PARALLEL WITH THE EAST
LINE OF THE SE '/4 OF SECTION 25 T.2.S.,
R.5 W.;
THENCE 5.89058'36"W. 314.38 FT.ALONG THE %4 SECTION LINE;
THENCE N.00008'00"E. 2643.53 FT.ALONG A LINE 1320.00 FT.
WEST OF AND PARALLEL WITH THE EAST
LINE OF THE NE '/4 OF SAID SECTION 25;
THENCE 5.89054'43"E. 740.49 FT.ALONG THE SECTION LINE;
THENCE N.57001'10"E. 239.68 FT. ALONG THE SOUTHERLY LINE
OF SR-138;
THENCE N.08031'51"W. 1820.91 FT.;
THENCE N.90000'00"E. 656.69 FT. TO THE RANGE LINE;
THENCE N.90000'00"E. 1093.31 FT.;
THENCE 5.08031'51"W. 941.53 FT.;
THENCE N.57002'33"E. 436.35 FT.ALONG THE SOUTHERLY LINE
OF SR-138;
THENCE S.000 14'10"W. 1236.45 FT.ALONG THE EAST LINE OF
SECTIONAL LOT 4 OF SECTION 19 T.2 S.,
RA W.;
THENCE 5.00006'23"W. 2642.44 FT. ALONG THE EAST LINE OF
SECTIONAL LOT 1 AND 2 OF SECTION 30;
THENCE S.89058'50"W. 17.57 FT. ALONG THE %4 SECTION LINE;
THENCE 5.00003'03"W. 2642.43 FT.ALONG THAT"COMMON
BOUNDARY LINE"-(PER ENTRY#153273
IN BOOK 641 PAGES 5 THRU 8 OF
OFFICIAL RECORDS);
THENCE N.89056'55"W. 150.08 FT.ALONG THE SECTION LINE;
THENCE S.00007'56"W. 2607.61 FT.;
THENCE N.89058'36"W. 408.82 FT.ALONG THE NORTH LINE OF
"ERDA WAY";
THENCE 5.00006'42"W. 877.79 FT.;
THENCE N.90000'00"W. 487.31 FT.TO THE WEST LINE OF
"WALTERS HERITAGE SUBDIVISION
PHASE 2";
THENCE 5.00006'42"W. 489.44 FT. TO THE SW COR. OF LOT 206 OF
SAID SUBDIVISION;
THENCE 5.89059'39"E. 1637.00 FT.ALONG THE 1/16TH LINE;
THENCE S.00006'42"W. 1324.72 FT.ALONG A LINE 1901.00 FT.
EAST OF AND PARALLEL WITH THE WEST
LINE OF THE S W '/4 OF SECTION 31 T.2 S.,
RA W.;
THENCE N.89059'43"E. 16.00 FT. ALONG THE TOWNSHIP LINE;
THENCE S.00000'36"E. 972.68 FT.ALONG A LINE 1917.00 FT. EAST
OF AND PARALLEL WITH THE WEST LINE
OF THE NW '/4 OF SECTION 6 T.3 S.,RA W.;
THENCE N.84001'53"W. 1927.48 FT. TO THE RANGE LINE;
THENCE N.00000'36"W. 772.10 FT. TO BEGINNING&EMBRACING
625.719 AC.
Excluding"Erda Way" (1.756 Ac.) & "SR-138"(5.491 Ac.),
[Net Area for Tooele Valley Airport=618.472 Acres]
Note: Basis of Bearings for the Airport Grid System ("AGS") is the Centerline of
Runway called"NORTH". This represents a rotation of 00°21'07"from "True".