AgdaPkt 2003-03-24 - Laserfiche WebLink

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G QV I COUNTY OF SAN MATEO A VIGATION EASEMENT Shores Child Care Facility, RWC D. GRANTOR and GRANTEE wish to establish the terms and conditions of the required avigation easement so that the aircraft which use San Carlos Airport will have the right to use the airspace over and above GRANTOR'S property. NOW, THEREFORE, in consideration of the land use approval given GRANTOR with respect to the Grantor Property, and in fulfillment of a condition of such approval, the parties hereto agree as follows: 1. GRANT Or EASEMENT. Grantor GRANTS to COUNTY, its successors and assigns a perpetual easement over the Grantor Property, as described in Exhibit A hereto, on the terms and conditions stated herein. The easement is an easement appurtenant to the San Carlos Airport, and an easement in gross as to the general flying public using San Carlos Airport. 2. PURPOSE OF EASEMENT. The purposes of this easement are (1) to allow for the free and unobstructed passage and flight of operationally compatible aircraft using San Carlos Airport, in through, over and across the airspace of the Grantor Property and (2) to provide notice to GRANTOR and any future owners of the GRANTOR property that the PROPERTY is located in the vicinity of San Carlos Airport and may be subject to impacts of aircraft operations at such airport. 3. RIGHTS GRANTED BY EASEMENT Subject to limitations in Paragraph 4, below, this easement grants to the COUNTY and members of the public who use San Carlos Airport, the right to fly aircraft in the airspace above the Grantor Property, together with the following rights: a) The right to cause such noise, vibration, fumes, exhaust, dust and fuel particles which result from the legal and proper operation of such aircraft. b) The right to cause radio, television, and other electromagnetic interference associated with the legal and proper operation of such aircraft. c) The right to cause such other effects which are inherent in the legal and proper operation of such aircraft. 4. GRANTOR'S OBLIGATIONS GRANTOR shall not construct, nor permit the construction of, nor permit the growth of any structure, tree or other natural or man made object that a) penetrates the designated transitional, horizontal or approach surface, as shown in Exhibit B, attached hereto and incorporated herein by this reference (hereafter "Prohibited Zone') such as to constitute an obstruction or hazard to air navigation as defined in 14 CFR Part 77, "Objects Affecting Navigable Airspace", or b) obstructs