THIS AGREEMENT, made and entered into as of the day of , by and between Golden Run, LLC, a Colorado Limited Liability Corporation hereinafter called "Grantor" and the Town of Erie, Colorado hereinafter called "Grantee";


The Grantor hereby grants to the Grantee an Avigation Easement for the use and benefit of the Town of Erie, Colorado granting the right to cause in said airspace above the property described hereon, such noise as may be inherent in the operation of aircraft, operating in compliance with Federal Aviation Administration regulations, as amended, using said airspace for landing at, taking off from, or operating at the Erie Municipal Tri-County Airport or the Parkland Estates airport. Said easement also grants and conveys unto the Town of Erie, Colorado, its agents, servants and employees, a continuing right and easement to take any action necessary to prevent the erection or growth of any structure, tree or other object into the airspace, or to mark or light as obstructions to air navigation any and all structures, trees or other objects, excepting that certain antenna in existence on this property at the date of the instrument, that may interfere with the use of the Erie Municipal Tri-County Airport or the Parkland Estates airport, together with the right of ingress to, egress from, and passage over the land of the Grantor for such purpose.

The owner(s) of the property described hereon, further covenant, for themselves, their heirs, their personal representatives, successors and assigns, that this Easement and the real property described hereon is subject to a covenant during the term of this easement whereby the real property described thereon will not hereafter be used or permitted or suffered to use the Grantor's Property in such a manner as to create electrical interference with navigational signals or radio communications at the Erie Municipal Tri-County Airport, or the Parkland Estates airport and aircraft, or which mimics airport lights, or which results in glare affecting aircraft using the Erie Municipal Tri-County Airport or the Parkland Estates airport, or which otherwise endangers the landing, take-off, and passage of aircraft in the vicinity of the Grantor's Property.

For and in consideration of the conditions of the annexation of the hereinafter described property known as Golden Run Annexation situate in the County of Boulder, State of Colorado, and more particularly described as follows, to-wit:

See Exhibit A, attached

Signed and delivered this day of A.D. 20

Property Owner The Town of Erie, Colorado


Town Clerk

The above and foregoing instrument was subscribed and sworn before me this day of A.D., 2000 .

Witness My Hand and Seal

My commission expires
Notary Public


Avigation Easement