Agmt 2000 City of Oakland Port Commissioners (2)

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TDC:aaa 11!3/00 Section 1.Grant of Easement For valuable consideration, Grantor grants to the Port a perpetual, nonexclusive Easement over Grantor's Property for noise and other negative impacts resulting from aircraft flying to and from, and other operations at the • Airport (collectively "Airport Operations "). This Easement specifically permits the imposition of light, smoke, air currents, electronic or other emissions, vibrations, discomfort, inconvenience, interference with use and enjoyment and reduction in market value, if any, resulting from Airport Operations producing noise up to the Maximum Approved Noise.Levels. This Easement is fully effective as of the date it is duly recorded. Section 2.Hazards Grantor shall not hereafter erect, or permit the erection or growth of, any structure, tree, or other object that the Federal Aviation Administration or any successor agency determines is or would constitute a hazard to the flight of aircraft in landing and taking off at the said Metropolitan Oakland International Airport and that these rights shall include, but not be limited to the following: 1) The continuing and perpetual right of the Port to cut and remove trees, bushes, shrubs, or any other perennial growth or undergrowth so determined to be such a hazard. 2) The continuing and perpetual right of the Port to • remove, raze or destroy those portions of buildings, other structures and land so determined to be such a hazard, together with the right to prohibit the future erection of buildings or other structures which are so determined to create a . hazard would infringe upon or extend into said surface. 3) The right of ingress to and egress from, and passage over Grantor's Property for the above • purposes. 1 Section 3.Release Grantor releases the Port, the City of Oakland and Airport operators and airlines using the Airport from any claims, losses, liabilities or expenses (collectively, "Losses ") arising from the impositions permitted by this Easement, as well as from noise and other negative impacts resulting from Airport Operations prior to the date of this Easement. This Release covers 'all past, present and future Losses, whether known or unknown. This Release includes damages for physical or emotional injuries, nuisance or any taking of Grantor's Property. Grantors shall not sue for damages in connection with the Losses released by this Ea cement Grantors shall not seek to enjoin, or otherwise challenge by petition for writ of mandate or by any other means, under the California Environmental Quality Act or under any other statute or law, the impositions permitted by this Easement. The Port will not have to set aside buffer lands, re -route air traffic, erect sound or other barriers, establish curfews, relocate Airport Operations or take other measures to eliminate or lessen the impositions permitted by this Easement. Section 4.Continuous Benefits and Burdens This Easement burdens the Grantor's Property for the benefit of the Airport. It runs with the land under California Civil Code Section 1468. The benefits and burdens created by this instrument apply to and bind the parties' successors, heirs and assigns. GRANT OF EASEMENT AND RELEASE EXHIBIT 2 2 30209