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SUGGESTED FORMAT <br /> NOISE AND AVIGATION EASEMENT AND NON-SUIT COVENANT <br /> WHEREAS the grantor is the owner in fee of a certain parcel of land in the [City, County] <br /> of , State of Wisconsin; and <br /> WHEREAS,said parcel of land is near Dane County Regional Airport, is within an Airport <br /> Noise Overlay Zone as defined by the Zoning Ordinance of the [City, County] of <br /> , and is subject to existing or forecast aircraft noise levels in excess of 65 Ldn; <br /> and <br /> [* WHEREAS Grantor proposes to make a use of said land and to develop thereon the <br /> following: which use and development require approval by municipal or <br /> county authorities subject to the applicable provisions of law; and] <br /> WHEREAS Grantor has been advised and is of the opinion that the subject property is <br /> located in a noise-impacted area; that these present and future noise impacts might be annoying <br /> to users of the land for its stated purpose and might interfere with the unrestricted use and <br /> enjoyment of the property in its intended use; that these noise impacts might change over time by <br /> virtue of greater numbers of aircraft, louder aircraft, seasonal variations, and time-of-day variations; <br /> that changes in airport, aircraft, and air traffic control operating procedures or in airport layout <br /> could result in increased noise impacts; and that the grantor's or user's own personal perceptions <br /> of the noise exposure could change and that his or her sensitivity to aircraft noise could increase; <br /> NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: <br /> That for a good and valuable consideration, the receipt of which is hereby acknowledged, that <br /> does hereby grant a permanent noise <br /> and avigation easement to Dane County, owner and operator of Dane County Regional Airport, <br /> for the use of"Navigable Airspace as defined by the Federal Aviation Act of 1958, over all of the <br /> following described real estate, to wit: <br /> By virtue of this agreement, the grantor, for and on behalf of himself and all successors in interest <br /> to any and all of the real property above described, waives as to Dane County or any successor <br /> agency legally authorized to operate said airport, any and all claims for damage of any kind <br /> whatsoever incurred as a result of aircraft using the "Navigable Airspace" granted herein regardless <br /> of any future changes in volume or character of aircraft overflights, or changes in airport design <br /> and operating policies, or changes in air traffic control procedures. <br /> D-14 November 1990 <br />