09-B Avigation Easement - Lemons

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designed for navigation of or flight in the air) by whomsoever owned and operated, in the air space above Grantor's property above a Mean Sea Level of 537.32 feet at their North Boundary Line and above a Mean Sea Level of 575.06 feet at their South Boundary Line, said Mean Sea Level points being connected by a line at an angle of 1041'01" to the horizontal, to an infinite height above said line connecting said two Mean Sea Level points, together with the right to cause in all air space above the surface of Grantor's property such noise, vibration, fumes, dust, fuel and lubricant particles, and all other effects that may be caused by the operation of aircraft landing at, or taking off from or operating at or on said Cox Field Airport; and Grantor does hereby fully waive, remise and release any right or cause of action which they may have or which they may have in the future against Grantee, its successors and assigns, whether such claim be for injury to person or property, due to noise, vibration, fumes, dust, fuel and lubricant particles, and all other effects that may be caused or may have been caused by the operation of aircraft landing at, or taking off from, or operating at or on said Cox Field Airport. This instrument does not release the owners or operators of aircraft from liability for damage or injury to person or property caused by falling aircraft or falling physical objects from aircraft, except as stated herein with respect to fumes, dust, fuel and lubricant particles. Grantor further covenants and agrees, and by said agreement does hereby bind and obligate his heirs, successors, and assigns, that by grant of this easement they shall not build, construct, erect, or in any way allow the erection or construction of any structure or other edifice which would in any way be of such height as to intrude, penetrate, or interfere with Grantee's use and benefit of the easement granted herein, and that Grantor's ro,