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2006-007-RES-AVIGATION
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2006-007-RES-AVIGATION
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Last modified
8/18/2006 4:26:43 PM
Creation date
1/18/2006 4:47:55 PM
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CITY CLERK
Doc Name
2006-007-RES
Doc Type
Resolution
CITY CLERK - Date
1/9/2006
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<br />J <br /> <br />~ ~ - <br /> <br />property above a Mean Sea Level of 594.0 feet at their North Boundary Line and above a <br /> <br />Mean Sea Level of 581.0 feet at their South Boundary Line, said Mean Sea Level points being <br /> <br />connected by a line at an angle of 107'42" to the horizontal, to an infinite height above said <br /> <br />line connecting said two Mean Sea Level points, together with the right to cause in all air <br /> <br />space above the surface of Grantor's property such noise, vibration, fumes, dust, fuel and <br /> <br />lubricant particles, and all other effects that may be caused by the operation of aircraft <br /> <br />landing at, or taking off from or operating at or on said Cox Field Airport; and Grantor does <br /> <br />hereby fully waive, remise and release any right or cause of action which they may have or <br /> <br />which they may have in the future against Grantee, its successors and assigns, whether such <br /> <br />claim be for injury to person or property, due to noise, vibration, fumes, dust, fuel and <br /> <br />lubricant particles, and all other effects that may be caused or may have been caused by the <br /> <br />operation of aircraft landing at, or taking off from, or operating at or on said Cox Field <br /> <br />Airport. This instrument does not release the owners or operators of aircraft from liability <br /> <br />for damage or injury to person or property caused by falling aircraft or falling physical <br /> <br />objects from aircraft, except as stated herein with respect to fumes, dust, fuel and lubricant <br /> <br />particles. <br /> <br />Grantor further covenants and agrees, and by said agreement does hereby bind and <br /> <br />obligate his heirs, successors, and assigns, that by grant of this easement they shall not build, <br /> <br />construct, erect, or in any way allow the erection or construction of any structure or other <br /> <br />edifice which would in any way be of such height as to intrude, penetrate, or interfere with <br /> <br />Grantee's use and benefit of the easement granted herein, and that Grantor's representation <br /> <br />to refrain from such interference with said easement shall be and is hereby a material <br /> <br />covenant attending to and forming a portion of the right-of-way and easement granted to <br />
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