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.
