1. This easement is conveyed from «HomeownerName1» and «HomeownerName2» (hereafter "Grantor") to the Port of Seattle, a Washington State municipal corporation (hereafter "the Port"). 2. Grantor is the owner of land and improvements thereto located at «DwellingAddress» in the City of «City», County of King, State of Washington, and described as follows: «LegalDescription» (hereafter “Premises”). 3. The Port is the proprietor of the Seattle-Tacoma International Airport. 4. Grantor, Grantor's heirs, executors, administrators, successors, and assigns, in consideration of the Port's agreement to assist with certain modifications and installations on the Premises for noise-impact reduction purposes, and as required under R.C.W. 53.54.030(3), conveys and warrants to the Port, its successors and assigns, a permanent and non-exclusive easement for the free and unobstructed use and passage of all types of aircraft (as hereinafter defined) through the airspace over or in the vicinity of the Premises, with such use and passage to be unlimited as to frequency, type of aircraft, and proximity. Said easement shall be appurtenant to and for the benefit of the real property now commonly known as Seattle-Tacoma International Airport ("Airport"), including any additions thereto wherever located, hereafter made by the Port or its successors and assigns and for the benefit of the Port, its successors, assigns, guests and invitees, including any and all persons, firms, or corporations operating aircraft to or from the Airport. As further provided in Paragraph 5, said easement and burden, together with the Easement level for average yearly noise exposure at the parcel (as defined…Open full document
Notes
This is the blank form. For a live example, go here: https://seatacnoise.info/avigation-easement-sample/
The Port insists that homeowners sign an Avigation Easement in exchange for receiving the Port Package. One reason they give for this requirement is that they contend that to not do so would constitute a ‘gift of public funds’ which is illegal under State Law. In short, you have to give them something in return for the benefit of a Port Package. By signing the Avigation Easement, the homeowner gives Sea-Tac Airport an unlimited right to fly planes over the home in perpetuity 24/7/365. (There’s also the small matter that the FAA will not reimburse an airport for the cost of the sound insulation equipment without obtaining an Avigation Easement. All airports that provide sound insulations also require similar Avigation Easements.)
The document also contains several clauses, one of which is a hold-harmless provision which says that the sole remedy for any issues the homeowner may have with any aspect of the program will be with the contractor; not the Port of Seattle. It also informs the homeowner that, again under State law, this is a one-time benefit. The Port Package is prevented from providing any future benefit to this property. No updates, no repairs, no nothing.