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<br />. instrument as any contrivance now known or hereafter invented, used, or designed for
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<br />navigation of or flight in the air) by whomsoever owned and operated, in the air space
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<br />above Grantor's property above a Mean Sea Level of 594.0 feet at their North Boundary
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<br />Line and above a Mean Sea Level of 581.0 feet at their South Boundary Line, said Mean Sea
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<br />Level points being connected by a line at an angle of 10714211 to the horizontal, to an infinite
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<br />height above said line connecting said two Mean Sea Level points, together with the right
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<br />to ~ause in all air space above the surface of Grantor's property such noise, vibration,
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<br />fumes, dust, fuel and lubricant particles, and all other effects that may be caused by the
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<br />operation of aircraft landing at, or taking off from or operating at or on said Cox Field
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<br />Airport; and Grantor does hereby fully waive, remise and release any right or cause of
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<br />action which they may have or which they may have in the future against Grantee, its
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<br />successors and assigns, whether such claim be for injury to person or property, due to
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<br />noise, vibration, fumes, dust, fuel and lubricant particles, and all other effects that may be
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<br />caused or may have been caused by the operation of aircraft landing at, or taking off from,
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<br />or operating at or on said Cox Field Airport. This instrument does not release the owners
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<br />or operators of aircraft from liability for damage or injury to person or property caused by
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<br />falling aircraft or falling physical objects from aircraft, except as stated herein with respect
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<br />to fumes, dust, fuel and lubricant particles.
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<br />Grantor further covenants and agrees, and by said agreement does hereby bind and
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<br />obligate his heirs, successors, and assigns, that by grant of this easement they shall not
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<br />build, construct, erect, or in any way allow the erection or construction of any structure or
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<br />other edifice which would in any way be of such height as to intrude, penetrate, or interfere
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