Morrisville Administrative Manual_September 2023

Part 3. Outside Agency Permits and Approvals 3.3 Raleigh-Durham International Airport

3.3. RALEIGH-DURHAM INTERNATIONAL AIRPORT

RDU Sample Avigation Easement

o The Town’s UDO requires the developer of new development located in the Airport Overlay Districts to grant an Avigation Easement to RDU International Airport for the subject property. The easement must be executed and recorded prior to approval of a Site Plan. Below is the sample easement which RDU provided to the Town. o Contact Rachel Stair, RDU’s Director of Planning and Sustainability at (919)-840-7196 or rachel.stair@rdu.com

STATE OF NORTH CAROLINA

COUNTY OFWAKE

AVIGATION EASEMENT

THIS DEED OF EASMENT , made and entered into as of this ____ day of _________202__, by ____________________________, a _______________________________ (hereinafter referred to as Grantor) to and in favor of Raleigh-Durham Airport Authority, a North Carolina intergovernmental municipal agency established by special action of the Legislature, whose address is 1000 Trade Drive, Raleigh- Durham International Airport, North Carolina, 27623 (hereinafter referred to as Grantee).

WITNESSETH :

WHEREAS , Grantor is the owner of the real property hereinafter described located in Wake County, North Carolina, which said property is more particularly described in Exhibit A attached hereto and incorporated herein by reference and which property is located within the area of the Airport Overlay District and is exposed to noise associated with aircraft overflight;

WHEREAS , Grantee is a public body having the power of eminent domain under the laws of the State of North Carolina; and

WHEREAS, Grantor has applied to subdivide or develop the property describedherein for commercial and/or residential purposes and, as required by the Airport Overlay District Ordinance, has agreed to grant to Grantee this avigation easement as a condition for approval to subdivide or develop the property described in Exhibit A. Granter has agreed to convey this Avigation Easement to Grantee upon the terms and conditions herein expressed.

NOW, THEREFORE , for good and valuable consideration, paid by Grantee to Grantor, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

l. Grantor hereby transfers , assigns, bargains, sells, grants, and conveys to Grantee a perpetual right and easement for the free and unobstructed flight of aircraft (being defined as any contrivance now or hereafter used for flight in the air) over and in the vicinity of the property

Morrisville, NC

August 7, 2023

Administrative Manual

Page 3-4