Columbus, Georgia

SAMPLE NOISE EASEMENT



Parcel _________________________________County _________________



Grantor(s) Name ________________________________________________



Grantor(s) Address _____________________________________________



LEGAL DESCRIPTION:



In accordance with section XXXXX of Land Use Ordinance for XXXXX County, State

of XXXXXX, approving a permit for residential development on the above

described property, and in consideration of such approval, Grantors grant to

the owners of all property adjacent to the above described property, a

perpetual nonexclusive easement as follows:



*The Grantor, their heirs, successors, and assigns acknowledge by the granting

of this easement that the residential development is situated in a area that

maybe subjected to conditions resulting from military training at Fort

Benning. Such conditions include the firing of small and large caliber

weapons, the overflight of fixed-wing and rotary-wing aircraft, the movement of

vehicles, the use of generators, and other accepted and customary military

training activities. These activities ordinarily and necessarily produce

noise, dust, smoke and other conditions that may conflict with Grantors? use of

Grantors? property for residential purposes. Grantors hereby waive all common

law rights to object to normal and necessary military training activities

legally conducted on adjacent Fort Benning which may conflict with Grantors?

use of Grantors? property for residential, and other purposes, and Grantors

hereby grant an easement to the adjacent Fort Benning for such activities.



*Nothing in this easement shall grant a right to Fort Benning for ingress or

egress upon or across the described property. Nothing in this easement shall

prohibit or otherwise restrict the Grantors from enforcing or seeking

enforcement of statues or regulations of governmental agencies for activities

conducted on adjacent properties.



*This disclosure is appurtenant to all property adjacent to the above described

property and shall bind to the heirs, successors, and assigns of Grantors and

shall endure for the benefit of the adjoined Fort Benning. The Fort Benning is

hereby expressly granted that right of third party enforcement of the easement.



IN WITNESS WHEREOF the Grantors have executed this easement dated this ______

day of __________, 20____.





______________________________

Grantor



______________________________

Grantor