|
A TRUE COPY
<br />CERTIFICATION ON LAST PAGE
<br />J.R. SMITH, CLERK
<br />5. Restrictions on Use. The GRANTOR, for itself and its successors and assigns, does
<br />hereby expressly agree to not hereafter use or permit or suffer the use of the Property in such a
<br />manner as to (i) interfere with the operation, development or maintenance of the Airport, (ii) create
<br />electrical interference with radio communications between any installation upon the Airport and
<br />aircraft, or otherwise interfere with the operation of air navigation and communication facilities
<br />serving the Airport or aircraft, (iii) make it difficult for aircraft pilots to distinguish between Airport
<br />lights and other lights, (iv) result in glare in the eyes of aircraft pilots using the Airport, (v) impair
<br />the visibility in the vicinity of the Airport, or (vi) otherwise endanger the landing, taking off, or
<br />maneuvering of aircraft.
<br />6. Alleviation of Hazards. GRANTOR, for itself and its successors and assigns, expressly
<br />agrees to develop and maintain the Property or cause the Property to be developed and maintained,
<br />at their expense, so as not to create any aviation hazard, including, but not limited to, those specified
<br />in this Easement. -GRANTOR does hereby grant and convey to GRANTEE a continuing right and
<br />easement to take such action necessary to prevent the erection or growth of any structure, facility,
<br />improvement, tree or other object into the Airspace or on the Property, and to remove such from the
<br />Airspace or the Property at GRANTOR'S expense, together with the right of ingress to, egress from,
<br />and passage over the Property for such purposes, if GRANTOR fails to adequately alleviate any
<br />such hazard upon notification. In addition to, and in no way limiting the generality of the foregoing,
<br />if any trees on the Property extend into the Airspace, the GRANTOR does hereby grant unto the
<br />GRANTEE the permission to reduce the height of such trees by cutting the tops of such trees.
<br />7. Release. GRANTOR, for itself and its successors and assigns, and any and all other
<br />persons and entities bound hereby, does hereby expressly and fully waive, remise, and release any
<br />and all right, claim, or cause of action which they may now have or which they may have in the
<br />future against GRANTEE, its representatives, agents, tenants, licensees, officers, employees,
<br />successors or assigns, including any and all guests and invitees of GRANTEE, and persons, firms,
<br />corporations and entities operating aircraft to or from the Airport, arising from or due to such noise,
<br />vibrations, fumes, deposits of dust or other particulate matter, fuel particles, interference with sleep
<br />and communication, psychological, emotional, or physical distress, and any and all other effects, as
<br />may be inherent in or alleged to be incident to or caused by the operation of such aircraft landing at,
<br />or taking off from, operating at or on, or maneuvering about or in the vicinity of, the Airport or the
<br />Airspace. However, this paragraph shall not be construed to deprive the Grantor of any claim for
<br />injury or damages against any person or entity whereby injury or damage is caused by negligent use
<br />of the airspace above the Property or as result of the use of the airspace above the Property in a
<br />manner inconsistent with this Easement.
<br />8. Taxes and Assessments. GRANTEE and its successors and assigns shall not, by reason of
<br />this Easement, be obligated to pay any real estate taxes or special assessments levied against the
<br />Property.
<br />9. Successors and Assigns. This Easement and each and every term, covenant and condition
<br />hereof, shall be binding upon the GRANTOR and its successors and assigns, and upon all owners,
<br />tenants, invitees, mortgagees, and occupants of the Property, their heirs, representatives, invitees,
<br />licensees, tenants, successors and assigns, including without limitation each and every record owner
<br />Page 3 of 6
<br />N:\Client Docs\City Council\REAL PROPERTY\Dodgertown Golf Course-Sale\2019.03.01.Avigation.Easement.kch.doc
<br />
|