|This model easement was copied from the website of the FAA's Central Region Division at www.faa.gov/arp/ace/611/easement.htm. It was copied August 23, 2002 and is reposted here with slight changes in format that do not affect the language.|
A MODEL AVIGATION AND HAZARD EASEMENT
(Revised November 5, 1997)
WHEREAS, __________ [full name of property owner(s)], hereinafter called the Grantors, are the owners in fee of that certain parcel of land situated in the City of __________, County of __________, State of __________, more particularly described as follows:
[Insert legal description of property to be covered by easement]
hereinafter called Grantors property, and outlined on the attached map (Exhibit 1);
NOW, THEREFORE, in consideration of the sum of dollars __________ ($_____) 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, bargain, sell, and convey unto __________ [owner and operator of airport; e.g., City of _____ ], hereinafter called the Grantee, its successors and assigns, for the use and benefit of the public, an easement and right of way, appurtenant to __________ [full name of airport] for the unobstructed use and passage of all types of aircraft (as hereinafter defined), in and through the airspace above Grantors property above an imaginary plane rising and extending in a generally __________ [e.g., southerly] direction over Grantors property, said imaginary plane running from approximately _____ feet Mean Sea level above _____ [e.g., Point L13] on Exhibit 1 at the rate of one foot vertically for each _____ feet horizontally to approximately _____ feet Mean Sea level above _____ [e.g., Point L11] on Exhibit 1, to an infinite height above said imaginary plane.
Said easement shall be appurtenant to and for the benefit of the real property now known as __________ [name of airport] including any additions thereto wherever located, hereafter made by __________ [name of airport owner] or its successors and assigns, guests, and invitees, including any and all persons, firms, or corporations operating aircraft to or from the airport.
Said easement and burden, together with all things which may be alleged to be incident to or resulting from the use and enjoyment of said easement, including, but not limited to the right to cause in all airspace above or in the vicinity of the surface of Grantors property such noise, vibrations, fumes, deposits of dust or other particulate matter, fuel particles (which are incidental to the normal operation of said aircraft), fear, interference with sleep and communication and any and all other effects that may be alleged to be incident to or caused by the operation of aircraft over or in the vicinity of Grantors property or in landing at or taking off from, or operating at or on said __________ [full name of airport] is hereby granted; and Grantors do hereby fully waive, remise, and release any right or cause of action which they may now have or which they may have in the future against Grantee, its successor and assigns, due to such noise, vibrations, fumes, dust, fuel 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 __________ [full name 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, but not limited to, jet aircraft, propeller driven aircraft, civil aircraft, military aircraft, commercial aircraft, helicopters and all types of aircraft or vehicles now in existence or hereafter developed, regardless of existing or future noise levels, for the purpose of transporting persons or property through the air, by whoever owned or operated.
The easement and right-of-way hereby grants to the Grantee the continuing right to prevent the erection or growth upon Grantors property of any building, structure, tree, or other object, extending into the airspace above the aforesaid imaginary plane, and to remove from said air space, or at the sole option of the Grantee, as an alternative, to mark and light as obstructions to air navigation, any such building, structure, tree or other objects now upon, or which in the future may be upon Grantors property, together with the right of ingress to, egress from, and passage over Grantors property for the above purpose.
The Grantors, for themselves, their heirs, administrators, executors, successors, and assigns, do hereby agree that for and during the life of said avigation easement, they will not hereafter erect, permit the erection or growth of, or permit or suffer to remain upon Grantors property any structure in the Runway Protection Zone that is an airport hazard or which might create glare or misleading lights or lead to the construction of residences, fuel handling and storage facilities, or smoke generating activities; and the grantors, for themselves, their heirs, administrators, executors, successors, and assigns, further agree they will not permit places of public assembly upon Grantors property, such as, churches, schools, office buildings, shopping centers, restaurants, child care facilities, and stadiums.
AND for the consideration hereinabove set forth, the Grantors, for themselves, their heirs, administrators, executors, successors, and assigns, do hereby agree that for and during the life of said easement and right of way, they will not hereafter erect, permit the erection or growth of, or permit or suffer to remain upon Grantors property any building, structure, tree or other object extending into the airspace above the aforesaid imaginary plane, and that they shall not hereafter use or permit or suffer the use of Grantors property in such a manner as to create electrical interference with radio communication between any installation upon said airport and aircraft, or as to make it difficult for flyers to distinguish between airport lights and others, or to permit any use of the Grantors land that causes a discharge of fumes, dust or smoke so as to impair visibility in the vicinity of the airport or as otherwise to endanger the landing, taking off or maneuvering of aircraft. Grantors furthermore waive all damages and claims for damages caused or alleged to be caused by or incidental to such activities.
TO HAVE AND TO HOLD said easement and right of way, and all rights appertaining thereto unto the Grantee, its successors, and assigns, until said __________ [full name of airport] shall be abandoned and shall cease to be used for public airport purposes.
It being understood and agreed that the aforesaid covenants and agreements shall run with the land and shall be binding upon the heirs, administrators, executors, successors and assigns of the Grantors until said __________ [full name of airport] shall be abandoned and cease to be used for public airport purposes.
IN WITNESS WHEREOF, the Grantors [see footnote] have hereunto set their hands and seals this ________________ day of __________________________, 19___.
STATE OF __________________ ) ) ss. COUNTY OF _________________ )
BE IT REMEMBERED, that on this_________________ day of ________________, 1997, before me, the undersigned, a Notary Public in and for the County and State aforesaid, came _____________________________________, who are personally known to me to be the same persons who executed the within instrument of writing and such persons duly acknowledged the execution of the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal, the day and year last above written.
My commission expires____________
Local recordation and subordination practices must also be met. If subordination is necessary, in which case the mortgagee must join in the agreement, the following language is suggested:
In consideration of the premises and to assure Grantee of the continued benefits accorded it under this easement, __________ [name of mortgagee], owner and holder of a mortgage dated ___________ and recorded ________________ covering the premises above described, does hereby covenant and agree that said mortgage shall be subject to and subordinate to this Easement and the recording of this Easement shall have preference and precedence and shall be superior and prior in lien to said mortgage irrespective of the date of the making or recording of said mortgage instrument.