Avigation easement and right-of-way at airport.

This indenture, made on _________[date], between _________["Grantor"], and the City of _________[city], _________[state], ("Grantee"), a municipal corporation within the County of _________ of the State of _________ , provides that:

1. The Grantor for and in consideration of fulfillment of a condition of project approval, does hereby grant to the Grantee, its successors and assigns, a perpetual and assignable easement in and over that certain parcel of real property (the "Parcel") more particularly identified and described in Exhibits "A" and "B" attached to and made a part of this instrument, and a right-of-way for the free and unrestricted passage and flight of aircraft of the class, size and category as is now or hereinafter may be operationally compatible with the _________[name] Airport, in, through, across and about the airspace above an imaginary plane, as such plane is defined by Part 77 of the Federal Aviation Regulations, over said Parcel, as described below (the "Airspace").

2. The Airspace for avigation easement purposes above said Parcel consists of all of the air space above the imaginary plane that is described by Part 77 of the Federal Aviation Regulations.

3. The easement and right-of-way described in Paragraphs 1 and 2 includes but is not limited to:

a. For the use and benefit of the public, the easement and continuing right to fly, or cause or permit the flight by any and all persons or aircraft, of the class, size and category as is now or hereinafter may be operationally compatible with the _________[name] Airport, in, through, across or about any portion of the Airspace described above; and

b. The easement and right to cause or create, or permit or allow to be caused or created within the Airspace, such noise, dust, turbulence, vibration, illumination, air currents, fumes, exhaust, smoke and all other effects as may be inherent in the proper operation of aircraft, now known or hereafter used for navigation of or flight in air; and

c. The continuing and perpetual right to clear and keep clear the Airspace of any portions of buildings, structures, or improvements of any and all kinds, and of trees, vegetation, or other objects, including the right to remove or demolish those portions of such buildings, structures, improvements, trees or any other objects which extend into said Airspace and the right to cut to the ground level and remove any trees which extend into the Airspace; and

d. The right to mark and light, or cause or require to be marked or lighted, as obstructions to air navigation, any and all buildings, structures, or other improvements, and trees or other objects now upon, or that in the future may be upon, said Parcel, and which extend into the Airspace; and

e. The right of ingress to, passage within, and egress from said Parcel, solely for the above stated purposes.

4. Grantor, on behalf of itself, its successors and assigns hereby covenants with the Grantee, City of _________, as follows:

a. Grantor, its successors and assigns, will not construct, install, permit or allow any building, structure, improvement, tree, or other object on said Parcel, to extend into the Airspace, or to constitute an obstruction to air navigation, or to obstruct or interfere with the use of the easement and right-of-way herein granted; and

b. Grantor, its successors and assigns, will not use or permit the use of the Parcel in such a manner as to create electrical or electronic interference with radio communication or radar operation between any installation upon the _________[name] Airport and any aircraft.

5. The easement and right-of-way herein granted shall be deemed both appurtenant to and for the direct benefit of that real property which now or hereinafter constitutes the _________[name] Airport, and shall further be deemed