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• <br /> A86-599 dated January 30, 1987, Grantor is required to grant <br /> and record a Noise Easement against the Easement Premises. <br /> NOW, THEREFORE, in consideration of TEN AND NO/100 <br /> DOLLARS ($10.00) and other good and valuable consideration, the <br /> receipt and adequacy whereof is hereby acknowledged, and in <br /> acknowledgment of the potential for noise from aircraft using <br /> the Keahole Airport, as it currently exists or as it will be <br /> developed in the future, and in fulfillment of the conditions <br /> stated in the aforementioned Land Use Commission Decision and <br /> Order the following grants, agreements, covenants and <br /> restrictions are made: <br /> 1. Grant of Noise Easement. The Grantor, for <br /> itself, its successors and assigns, does hereby grant to the <br /> Grantee, its successors and assigns, a perpetual easement <br /> affecting the Easement Premises to discharge, emit, or <br /> otherwise transmit: (a) noise at the day-night average sound <br /> levels ("Ldn") up to but not including 70 Ldn affecting area of <br /> Easement 1, up to but not including 65 Ldn affecting area of <br /> Easement 2, and up to and including 60 Ldn affecting area of <br /> Easement 3 of the Easement Premises as shown on Exhibit "C"; <br /> and also (b) fumes, smoke, vibrations, and other substances and <br /> phenomena caused by the reasonable operation of the Keahole <br /> Airport, including, but not limited to, runway and other <br /> physical plant improvements, frequency of aircraft flight, <br /> types of aircraft, flight patterns, and time of day of <br /> aircraft, provided that this grant of easement shall not <br /> operate to authorize or excuse the Grantee's operation of the <br /> -3- <br />