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I . . - - In response to Council Member Hartnett's questions and comments, City Attorney Schricker agreed that there was a substantial difference between a deed restriction, which is aimed at providing notice and an easement right as a matter oflaw. He also agreed that an easement right as described at this meeting was to provide a benefit to the airport or airport users. City Attorney Schricker also agreed that in legal concept the beneficiaries of the easement, the Airport and Airport users, may see that as a right that would enable them in effect to disregard the complaints or some of the complaints of those people who are burdened by that easement, and wish to complain about Airport noise. City Attorney Schricker said, "Any beneficiary of such an easement would view that as a superior right." Kimberly Wirtz, 2201 Walnut Avenue, Fremont, representing Kaufman and Broad, the developer of the Project, said her company was fully cognizant of its need to disclose to its buyers the situation surrounding any property that they buy. She said Kaufman and Broad did a noise study of this development area that was not required by the City. Ms. Wirtz said that all buyers would be made aware of the nearby Airport and the flight patterns. She said Kaufman and Broad had no problems with including the disclosure and said the deed language was assured in perpetuity, and was in its best interest as well as the buyers. Ms. Wirtz said Kaufman and Broad's own disclosure goes into more detail than what is included on the deed, and said she would be happy to work with the Airport and the Pilots Association to include appropriate language. She said Kaufman and Broad had met the conditions of the Tentative Map. - Carol Ford, 360 Bowsprit, President of the San Carlos Airport Pilots Association, said that Oracle and Electronic Arts have avigation easements, and such easements were very common. She said they were granted to the County and benefit everyone. Mrs. Ford said that it was in a spirit of cooperation and in the spirit of benefit for the entire County that they were asking for an avigation easement. She said San Carlos Airport was a "reliever airport," which takes the small plane traffic that would otherwise legally land at San Francisco International Airport, thereby allowing for quicker passenger flights in and out of SFIA. Mrs. Ford said that San Carlos Airport also provides an economic benefit to San Mateo County. She said she was happy that Kaufman and Broad was willing to discuss this issue, because it will be to everyone's benefit. MIS: HARTNETT/IRA. TITLE READ. Council Member Hartnett said it was not within the Council's purview to impose a condition of an avigation easement, but it would be worthwhile for the parties to continue discussing the issue. He said, "They can as a matter of private right, without public imposition, enter into an agreement which would result in an avigation easement, if they find it mutually beneficial." - REGULAR COUNCIL MEETING MINUTES BOOK NO. 57 JULY 13, 1998 MINUTES Page No. 089 PAGE 17