GRANT COUNTY PLANNING DEPARTMENT



Grantor:

____________________________________

____________________________________

____________________________________

Grantee:

Grant County

201 S Humbolt, Ste 280

Canyon City, OR 97820

AVIATION AND HAZARD EASEMENT

WHEREAS, __________________________________________, hereinafter called Grantor, is the owner in fee of that certain parcel of land situated in the County of Grant, State of Oregon, more particularly described as follows:

hereinafter called "Grantor's property", and outlined on the attached map, Exhibit 1;

NOW THEREFORE, either voluntarily or in consideration of the issuance of a zoning permit or planning approval provided by __________________________________ within the "Airport Combining Zone,” 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 Grant County, a county organized and existing under the laws of Oregon, hereinafter called the Grantee, its successors and assigns for the use and benefit of the public, an easement and right of way, appurtenant to the Grant County Regional Airport for the unobstructed passage of all aircraft, ("aircraft being defined for the purpose of this instrument as any contrivance now known or hereafter invented, used or designed for navigation of or flight in the air") by whomsoever owned and operated, the following;

1. The right of flight for the purpose of aircraft in the airspace above the surface of the real property above described, together with the right to cause said airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used, for navigation of or flight in said airspace, noise which will not exceed 90 Ldn attributable to airport operations measured anywhere on the property, and for use of said airspace for landing on, taking off from, or operating on the Grant County Regional Airport.

2. The right to prohibit the erection of any structure or object and to require the removal of any tree on the property conveyed hereby that would violate the standards established in Federal Aviation Regulations, Part 77, Objects Affecting Navigable Airspace, as amended and as they exist on this date, and Grantee reserves the right to enter on the property conveyed hereby and remove, lower, mark, or light any such offending structure, tree, or other object, all at the expense of the Grantor.

3. The right to prohibit any use of the property hereby conveyed which would interfere with landing or taking off of aircraft at the Grant County Regional Airport or otherwise constitutes an airport hazard. Such hazards include uses that create electrical interference with navigational signals or radio communications between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, or create bird strike hazards. In the event the aforesaid covenant is breached, the Grantee reserves the right to enter on the property hereby conveyed and cause the abatement of any such interference, all at the expense of the Grantor.

IN WITNESS WHEREOF, the parties have executed this agreement at Canyon City, Grant County, Oregon on the day and year written above.

GRANTORS: GRANTEE:

GRANT COUNTY

_________________________

Date

STATE OF OREGON

County of Grant

This instrument was acknowledged before me on: _________________________.

Date

By:__________________________________________

NOTARY PUBLIC FOR OREGON

My Commission Expires _________________________

Date

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