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Airport Highlights 2006 0505
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Airport Highlights 2006 0505
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Committee Highlights
Document Date (6)
5/5/2006
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Section 1. Grant of Easement <br /> For valuable consideration, Grantor grants to the Port a perpetual, nonexclusive Easement <br /> over Grantor's Property for noise and other negative impacts resulting from aircraft flying to and <br /> from, and other operations at the Airport (collectively Operations "). This Easement <br /> specifically permits the imposition of light, smoke, air currents, electronic or other emissions, <br /> vibrations, discomfort, inconvenience, interference with use and enjoyment and reduction in <br /> market value, if any, resulting from Airport Operations producing noise up to the Maximum <br /> • Approved Noise Levels. "Maximum Approved Noise Levels" means that interior noise levels of <br /> any habitable room do not exceed a Community Noise Equivalent Level ( "CNEL ") of 45 dB on <br /> an annualized basis, whenever exterior noise levels are 65 dB CNEL or higher on an annualized <br /> basis. This Easement is fully effective as of the date it is duly recorded. <br /> • <br /> Section 2. Hazards <br /> Federal law [Code of Federal Regulations, Title 14, Part 77 (Objects Affecting Navigable <br /> Airspace), and required FAA Grant Assurances relating to Airport Hazards] requires airports that <br /> receive federal funding to make an assurance to the Federal Aviation Administration that they <br /> will take appropriate action to protect the airspace and airport operations against any hazards and <br /> . that, insofar as it is within their power and is reasonable, they will prevent — either by the <br /> acquisition and retention of easements or other interests in or rights to the use of land or airspace, <br /> or by the adoption or enforcement of zoning regulations — the construction, erection, alteration, <br /> or growth of any structure, tree or other object in the approach areas of the airport runways that <br /> would constitute an airport hazard. In order to assure compliance with these federal <br /> requirements, Grantor shall not hereafter erect, or permit the erection of growth of any structure, <br /> tree, or other object that the Federal Aviation Administration or any successor agency determines <br /> is or would constitute a hazard to the flight of aircraft in landing and taking off at the Airport. <br /> • <br /> Section 3. Release <br /> • <br /> Grantor releases the Port, the City of Oakland and Airport operators and airlines using the <br /> Airport from any claims, losses, liabilities or expenses (collectively, "Losses ") arising from the <br /> impositions permitted by this Easement, as well as from noise and other negative impacts <br /> resulting from Airport Operations prior to the date of this Easement. This Release covers all <br /> past, present and future Losses, whether known or unknown. This Release includes damages for <br /> physical or emotional. injuries, nuisance or any taking of Grantor's Property. Grantors shall not <br /> sue for damages in connection with the Losses released by this Easement. Grantors shall not <br /> seek to enjoin, or otherwise challenge by petition for writ of mandate or by any other means, <br /> under the California Environmental Quality Act or under any other statute or law, the <br /> impositions permitted by this Easement. The Port will not have to set aside buffer lands, re -route <br /> air traffic, erect sound or other barriers, establish curfews, relocate Airport Operations or take <br /> other measures to eliminate or lessen the impositions permitted by this Easement. <br /> GRANT OF EASEMENT AND RELEASE <br /> 2 <br />
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