2014-030 Cox Field Planned Development Airport Zoning Ordinance

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Airport Division Validated 0912012 FAA Central Region Suggested Template for Avigation Easements We have provided this sample Avigation Easement language to assist Sponsors with the preparation of an agreement for their speck location and situation. We recommend Sponsors fumish this sample language to their attorney tasked with preparing the actual Avigation Easement. Limitations of Use The FAA's provision of this sample language serves as a starting point for the Sponsor for preparing their customized avigation easement. Sponsors must not construe provision of this sample document as being complete and legally sufficient. Sponsors are solely responsible for verifying the legal status of all contractual matters, including establishment of avi ation easements. SURFACE AND OVERHEAD AVIGATION EASEMENT WHEREAS, (Property Owner), hereinafter called the Grantors are the fee owners of the following specifically described parcel of land situated in (City, County & State): (Metes & bounds description of easement parcel) hereinafter called "Grantors' property" and outlined on an attached Exhibit A map. NOW, THEREFORE, in consideration of the sum of $ and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Grantors, for themselves, their heirs, administrators, executors, successors and assigns do hereby grant the following appurtenant rights and benefits to the (Name of Airport) hereinafter called the "Grantee" for the use and benefit of the public. The appurtenant rights and benefits include the uses, rights and restrictions described as follows: The unobstructed use and passage of all types of aircraft in and through the airspace at any height or altitude above the surface of the land. The right of said aircraft to cause noise, vibrations, fumes, deposits of dust, fuel particles (incidental to the normal operation of aircraft); fear, interference with sleep or communication, and any other effects associated with the normal operation of aircraft taking off, landing or operating in the vicinity of (Airport). As used herein, the term "aircraft" shall mean any and all types of aircraft, whether now in existence or hereafter manufactured and developed, to include jet, propeller- driven, civil, military or commercial aircraft; helicopters, regardless of existing or future noise levels, for the purpose of transporting persons or property through the air, by whoever owned or operated. .: