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COUNTY OF SAN MATEO <br />AVIGATION EASEMENT <br />Shores Child Care Facility, RWC <br />(o.16-5 <br />or interferes with the use of the flight easement and right of way granted herein, or c) creates <br />electrical interference with radio communication between any installation located at San Carlos <br />Airport and any aircraft, or d) impairs visibility to an extent that it interferes with the safe operation <br />of aircraft at San Carlos Airport, as determined by the FAA. <br />5. COUNTY'S OBLIGATION UNDER GRANT OF EASEMENT <br />COUNTY shall exercise its best efforts to control and prohibit such aircraft operations at <br />San Carlos Airport which: <br />a) are in violation of Federal noise abatement regulations and operational and noise <br />abatement flight procedures set forth in Volume 14 of the Code of Federal Regulations and Federal <br />Aviation Administration (FAA) orders applicable to aircraft operations at San Carlos Airport or <br />b) cause noise impacts in violation of Title 21, Subchapter 6 of the California Code of <br />Regulations; or <br />c) are in violation of the noise impact provisions contained in the San Mateo County <br />Comprehensive Airport Land Use Plan for San Carlos Airport. <br />A violation or violations of the noise criteria set forth in this paragraph shall not operate to <br />invalidate this easement or any provision of this easement or relieve GRANTOR from complying <br />with the provisions of this easement. <br />6. WAIVER AND RELEASE OF CLAIMS. <br />GRANTOR hereby waives, releases, and discharges, for itself and on behalf of <br />GRANTOR'S heirs, assigns and successors in interest to all or any part of the Grantor Property, <br />any and all claims or causes of action it may have now or in the future against COUNTY arising <br />out of anv of the activities authorized under this easement to include, but not limited to, activities <br />which cause noise, vibrations, fumes, exhaust, dust, fuel particles, radio and television interference, <br />and other effects which may be caused by the legal and proper operation of aircraft landing at or <br />taking off from, or operating at San Carlos Airport. <br />7. ACKNOWLEDGEMENT OF EFFECTS OF AIRCRAFT OPERATION. <br />The Grantor Property is located within the boundary of the Aviation Easement Review <br />Area (AERA) for San Carlos Airport, as shown in the San Mateo County Comprehensive Airport <br />Land Use Plan, and within the 55 -60db Community Noise Equivalent Level (CNEL) airport noise <br />contour as shown on the Airport Noise Contour Map set forth in the County of San Mateo Airport <br />Land Use Plan for San Carlos Airport. GRANTOR acknowledges and understands that, because <br />the GRANTOR'S private property is in close proximity to San Carlos Airport, operation of the <br />airport and aircraft utilizing the airport may affect such property. <br />3 <br />