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,. <br />WHEN RECORDED MAIL TO: <br />City Clerk, City of Livermore <br />1052 So. Livermore Ave. <br />Livermore, CA 94550 <br />APN # <br />AIRPORT OPERATIONS AND NOISE EASEMENT <br />(AVIGATION EASEMENT) <br />This indenture, made as of , 200_, between <br />(hereinafter "Grantor"), <br />and the City of Livermore, California, a municipal corporation within the County of Alameda of <br />the State of California (hereafter "Grantee"), provides that: <br />A. Grantor for and in consideration of a fulfillment of a condition of project <br />approval, does hereby grant to Grantee, its successors and assigns, a perpetual and assignable <br />easement in and over that certain parcel of real property more particularly described in <br />Exhibit "A" attached hereto and made a part hereof (said parcels hereinafter referred to as the <br />"Parcel"), and aright-of--way for the free and unrestricted passage and flight of aircraft of the <br />class, size and category as is now or hereinafter may be operationally compatible with the <br />Livermore Municipal Airport, in, through, across and about the airspace above an imaginary <br />plane, as such plane is defined by Part 77 of the Federal Aviation Regulations, over said Parcel, <br />as described below (hereinafter "Airspace"). <br />B. The Airspace for aigation easement purposes above said Parcel consists of: <br />All of the air space above the imaginary plane that is described by Part 77 of the <br />Federal Aviation Regulations. <br />C. The aforesaid easement and right-of--way described in Paragraphs A and B above <br />includes but is not limited to: <br />1. For the use and benefit of the public, the easement and continuing right to <br />fly, or cause or permit the flight by any and all persons or aircraft of the class, size and category <br />as is now or hereinafter may be operationally compatible with the Livermore Municipal Airport, <br />in, through, across or about any portion of the Airspace hereinafter described; and <br />2. The easement and right to cause or create, or permit or allow to be caused <br />or created within such the Airspace noise, dust, turbulence, vibration, illumination, air currents, <br />fumes, exhaust, smoke and all other effects as may be inherent in the proper operation of aircraft, <br />now known or hereinafter used for navigation of or flight in air; and <br />-2- <br />