THE UNITED STATES OF AMERICA, acting through the Secretary of the Interior pursuant to the authority contained in section 16 of the Federal Airport Act, approved May 13, 1946 (60 Stat. 179; 49 U.S.C. 1115), and in conformity with Executive Order No. 10536 of June 9, 1954, hereby gives and grants a patent to the County of Yuma, State of Arizona, and to its successors in function, for the following described lands:
Tract D in section ten and Tract C in section eleven in township nine South of the range twenty-three West of the Gila and Salt River Meridan, Arizona containing 175.28 acres, more or less, according to the approved plats of survey thereof, on file in the Bureau of Land Management, Department of the Interior.
There is also granted an easement for public airport purposes in and to the land area and facilities of the Yuma County Airport, granting to the County of Yuma, State of Arizona, its successors in functions or interest and assigns, the right to use for the landing, takeoff, and parking of civil aircraft, in common with aircraft ; owned and controlled by the Government, the runways now located on the airport, those taxiways connecting the runways with the lands granted above, such runways as may be located on the airport as now constituted or as altered or expanded, and such future taxiways as are necessary for ingress and egress to the future runways; it being understood and agreed that by the acceptance of this easement or the exercise of the rights granted herein, neither the County of Yuma, State of Arizona, nor any of its lessees, licensees or permittees shall be obligated to pay any charge or near any portion of the cost of operation and maintenance of the runways and taxiways to which this easement pertains, except that nothing here contained shall be construed as denying to the County of Yuma, State of Arizona, the right to charge the operators of civil aircraft for the privilege of using the landing areas and facilities of the airport pursuant, to the terms of this easement.
There are excepted from this patent and reserved to the United States all minerals in the Lands, together with the right of the United States through its authorized agents, representatives, or lessees at any time to enter upon the lands and prospect for, mine, and remove such minerals, insofar as such right does not interfere with the development, operation, and maintenance of the airport to be constructed upon the lands by the County of Yuma, State of Arizona, as determined by the Secretary of the Interior and the Secretary of Commerce.
There is reserved to the United States, its successors and assigns, right-of-way for existing canals, laterals, and appurtenant irrigation structures with NE ? section 10 and the N ? section 11, Township 9 South, Range 23 West, G and S.R.M., with the right to operate and maintain such existing canals, laterals and appurtenant irrigation structures, without any payment made by the United States, its successors or assigns, for such rights.
There is also reserved to the United States, its successors and assigns, the prior right to use any of the lands as transferred to construct, operate and maintain canals, waterways, laterals, ditches and appurtenant irrigation structures, without any payment made by the United States for such use, provided however, if the right hereby reserved is exercised, any canals, waterways, laterals, ditches and appurtenant structures constructed on the lands will be constructed and maintained in such manner as will not interfere with the permanent use of the lands for airport purposes.
There is also reserved to the United States, its successors and assigns, the right to use, operate, maintain and replace existing railroad trackage within the above-described area.
There is also reserved to the United States, its permittees or licensees the right to enter upon, occupy and use any part or all that portion of the N ? N ? section 11, Township 9 South, Range 23 West, lying within 30 feet of the center line of the transmission line right-of-way of the Gila Valley Power District, Project No. 482, for the purposes provided in the act of June 10, 1920 (41 Stat. 1063), and subject to the conditions and limitations of Section 24 of that act, as amended by the act of August 26, 1935 (49 Stat. 846; 16 U.S.C. 818 and Sup.)
TO HAVE AND TO HOLD the lands included in this patent together with all rights, privileges, immunities, and appurtenances of whatsoever nature thereunto belonging to the County of Yuma, State of Arizona, and to its successors in function, forever; subject, however, to (1) any vested and secured water rights for mining, agricultural, manufacturing, or other purposes, and rights to ditches and reservoirs used in connection with such water rights, as may be recognized and acknowledged by the local customs, laws, or decisions of the courts; and (2) a right-of-way for ditches or canals constructed under the authority of the United States, as authorized by the act of August 30, 1890 (26 Stat. 391; 43 U.S.C. 945).
The property interest hereby conveyed shall automatically revert to the United States pursuant to section 16 of the Federal Airport Act in the event that the lands in question are not developed, or cease to be used, for public airport purposes; and a determination by the Administrator of Civil Aeronautics, United States Department of Commerce, or his successor in function, that the lands have not been developed, or have ceased to be used, for public airport purposes shall be conclusive of such fact.
The County of Yuma, State of Arizona, does by the acceptance of this patent covenant and agree for itself, and its successors in function, forever, as follows:
1. The County of Yuma, State of Arizona, will develop upon the lands herein conveyed airport facilities to be used in the conduct of civil airport operations on the Yuma County Airport.
2. Such Airport facilities will be operated as public airport facilities upon fair and reasonable terms and without unjust discrimination.
3. The public will be permitted to exercise the right of use of the landing facilities of the Yuma County Airport under the easement for joint use conveyed herein to the County of Yuma, State of Arizona, on fair and reasonable terms and without unjust discrimination.
4. Any subsequent transfer of the property interest conveyed hereby will be made subject to all the covenants, conditions, and limitations contained in this instrurnent.
5. In the event of a breach of any condition or covenant herein imposed, the Administrator of Civil Aeronautic, or his successor in function, may immediately enter and posses himself of title to the herein conveyed lands for and on behalf of the United States of America.
6. In the event of a breach of any condition or covenant herein imposed, the County of Yuma, State of Arizona, or its successors in function, will, upon demand of the Administrator of Civil Aeronautics, or his successor in function, take such action, including the prosecution or suit, or execute such instruments, as may be necessary or required to evidence transfer of title to the herein-conveyed lands to the United States of America.
7. The Portion of the lands conveyed hereunder which is identified by hatch marks and the designation "Area A" on the map filed in Phoenix.085244 and entitled "4750th training wing (AD), Yuma County Airport, Yuma, Arizona, Preliminary Master Plan, Master Planning Directive 4750th training wing (AD), date 1 Oct. 53, Tab No. C-I," shall be kept clear of any future or further obstructions, facilities, structures or improvements existing thereon as of the date of the execution of this instrument, the existing height thereof shall not be increased nor shall any such obstructions, facilities, structures, or improvements be placed, if substantially damaged or destroyed.
8. In the three portions of the lands conveyed hereunder which are identified by cross hatching and the designation "Area B" on the map described more fully in paragraph number seven, above, the maximum permissible height of any further or future obstructions, facilities, structures or improvements shall be determined by a slope of one foot in elevation for every seven feet laterally, measured at right angles to the runway centerline or centerline extended, nearest to the site of the obstruction, facility, structures or improvements existing thereon as of the date of the execution of this instrument, shall not be improved, substantially altered, or replaced in any manner so as to exceed in height, the maximum permissible prescribed herein above. Such restriction, however, shall not prevent or preclude the maintenance or repair of such existing obstructions, facilities, structures or improvements.
IN TESTIMONY WHEREOF, the UNITED STATES OF AMERICA, by its secretary of the Interior, has hereunto subscribed its name and affixed the seal of the United States Department of the Interior this?14??day of?February??, 1956.