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DEED OF AVIGATION AND HAZARD EASEMENT
<br /> The Grantor for and in consideration of favorable land use approval
<br /> by the County of San Joaquin, a political subdivision of the State of California,
<br /> for a project, variance, subdivision or other land use, and in consideration
<br /> of the forberance of objection to said land use by the United States, does
<br /> hereby grant to the County of San Joaquin, a political subdivision of California,
<br /> and to the United States of America, its successors and assigns, as owner
<br /> of the Sharpe Army Depot Airfield, Lathrop, California, a perpetual and
<br /> assignable avigation easement in and over the real property whose description
<br /> is attached hereto and made a part hereof and a right-of-way for the free
<br /> and unrestricted passage of aircraft of any and all kinds nowor hereafter
<br /> known, in, through, across, and about the airspace above the surface of
<br /> said real property at all times of the day.
<br /> The aforesaid easement and right-of-way includes, but is not limited
<br /> to, the following rights:
<br /> 1. For the use and benefit of the County of San Joaquin and the
<br /> United States of America, the easement and continuing right to fly, or cause
<br /> or permit the flight, by any and all persons, of any aircraft, of any and
<br /> all kinds now or hereafter known, in, through, across, or about any portion
<br /> of the airspace above the real property whose description is attached hereto
<br /> and made a part hereof.
<br /> 2. For the use and benefit of the County of San Joaquin and the
<br /> United States of America, the easement and continuing right to cause or
<br /> create, or permit or allow to be caused or created, within all airspace above
<br /> the existing surface of the said real property, whether or not while directly
<br /> over said land, such noise (including any noise generated outside the boundaries
<br /> of said real property) vibration, current, or other effects of air, illumination,
<br /> and fuel consumption as may be inherent in or may arise or occur from
<br /> the operation of aircraft of any and all kinds, either now existing or to
<br /> be developed in the future, for navigation of, or flight in air, or from
<br /> landing at or taking off from said airfield, including ground run-ups and
<br /> testing of aircraft engines.
<br /> 3. The right to regulate or prohibit the release into the air of any
<br /> substance which would impair the visibility of or otherwise interfere with
<br /> the operations of aircraft such as, but not limited to, steam, dust, and
<br /> smoke.
<br /> 4. The right to regulate or prohibit light emissions, either direct
<br /> or indirect (reflective) , which might interfere with pilot vision.
<br /> 5. The right to prohibit electrical emissions which would interfere
<br /> with aircraft communications systems or aircraft navigational equipment.
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