WHEREAS,___________,___________,___________, and___________, hereinafter called the "Grantors," are the owners in fee simple of that certain parcel of land situated in the County of Boulder, State of Colorado, described in Attachment A, attached hereto and incorporated herein by this reference, hereinafter called "Grantors' Property;" and WHEREAS, as a condition to the granting of annexation/a development permit, the City of Boulder has required the dedication of this Avigation Easement, in order to place all subsequent purchasers on notice of the servitude for the passage of aircraft over Grantors' Property now existing and hereinafter established, as set forth herein;

NOW, THEREFORE, in consideration of good and valuable consideration, the receipt of which is hereby acknowledged, and in consideration for the granting of such annexation/development permit, the Grantors, for themselves, their heirs, administrators, executors, successors, and assigns, hereby grant, bargain, sell, and convey unto the City of Boulder, hereinafter called the "Grantee," its successors and assigns, for the use and benefit of the public, an easement relating to the City of Boulder Airport, for the passage of all aircraft ("aircraft" being defined for the purposes of this instrument as any device now known or hereafter invented, used, or designed for navigation of or flight in the air) in the airspace above Grantors' Property to an infinite height, together with the right to cause such noise, vibrations, fumes, dust, smoke, fuel particles, and all other annoyances and influences that may be caused by the operation of aircraft landing at or taking off from or operating at or on the City of Boulder Airport;

AND Grantors hereby waive, remise, and release any right or cause of action which they now have or which they may in the future possess against Grantee, its successors and assigns, due to such effects;

TO HAVE AND TO HOLD said easement and all rights appertaining thereto unto the Grantee, its successors and assigns, until the City of Boulder Airport shall cease to be used for airport purposes;

AND for the consideration hereinabove set forth, the Grantors, for themselves, their heirs, their personal representatives, successors and assigns, hereby agree that for and during the term of this easement they will not hereafter use or permit or suffer the use of Grantors' Property in such a manner as to create electrical interference with navigational signals or radio communications at the City of Boulder Airport and aircraft, or which mimics airport lights, or which results in glare affecting aircraft using the City of Boulder Airport, or which otherwise endangers the landing, take-off, and passage of aircraft in the vicinity of the Grantors' Property.

It is expressly understood and agreed that all covenants and agreements contained in this Avigation Easement shall run with the land and be fully binding upon all heirs, administrators, executors, successors and assigns of the Grantors.

This Avigation Easement may be enforced by any party having any interest in its terms, but no liability may be premised on any failure to enforce any term hereof.

This Avigation Easement may be signed in counterpart copies, each of which shall be fully binding on the party or parties executing the same, as if all signatories had signed a single copy.

IN WITNESS WHEREOF, the Grantors have executed this Avigation Easement as of this day of , 20 .

GRANTORS:

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STATE OF COLORADO )
) ss.
COUNTY OF BOULDER )

The foregoing Avigation Easement was acknowledged before me this______day of___________, 20______, by___________.

My commission expires: _____________________