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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".