- 1 - PERPETUAL AERIAL EASEMENT ACQUISITION AGREEMENT ...

More documents

Recommendations

Info

Exhibit 2Page 20 of 55EXHIBIT "B"TERMS AND CONDITIONS OF PERPETUAL AERIAL EASEMENTCONVEYANCE BY FLORIDA EAST COAST RAILWAY, L.L.C. (Grantor),in favor of BROWARD COUNTY (Grantee)The Grantee shall have, for the use and benefit of the public and as further described herein, acontinuing and perpetual public right of free, unrestricted and unobstructed flight, passage,operation, access and navigation by aircraft of any and all kinds, construction, size andcharacter, existing now or in the future, in the airspace within, the Easement Property and onthe surfaces of the Runway Bridge Structures to be constructed by Grantee within theEasement Property, for navigation of or flight in the said airspace and on the surface of saidrunway and taxiway structures; and for use of said surfaces and airspace within the EasementProperty for landing on or taking off from, or operating at the Grantee's airport, known as the"Fort Lauderdale-Hollywood International Airport" (the "Airport") and to commit such intrusionsupon and against the land and airspace below the Easement Property as are appurtenant tothe operation of aircraft on the surfaces of the Runway Bridge Structures and the flight of aircraftwithin the Easement Property. The Grantee further shall have, for the use and benefit of thepublic, a continuing public right of free, unrestricted and unobstructed use of the Runway BridgeStructures for all activities appurtenant to the operation of aircraft, including without limitation,use by emergency ground vehicles; pavement maintenance, rehabilitation and repair; pavementinspection and the removal of foreign object debris; and the inspection, maintenance and repairof runway lighting and navigational aids. As used herein, the term "aircraft" shall mean any andall types of devices used or intended to be used for flight in the air, whether now in existence orhereafter manufactured and developed, to include, but not be limited to, jet aircraft, propellerdriven aircraft, civil aircraft, military aircraft, commercial aircraft, helicopters and all types ofaircraft or vehicles now in existence or hereafter developed, regardless of existing or futurenoise levels, for the purpose of transporting persons or property through the air, by whoeverowned or operated.The Grantee further shall have a right of access to Grantor’s property below the EasementProperty for the limited purpose of inspecting, maintaining, repairing, and rehabilitating theRunway Bridge Structures, and the provisions of the "Railroad-County Agreement" shall beapplicable to such activities by the Grantee. The term "Railroad-County Agreement" shall meanthe Railroad Reimbursement Agreement Grade Separation Agreement between the Grantorand the Grantee, approved by the Broward County Board of County Commissioners onDecember 13, 2011, as amended by the First Amendment to such agreement, which isexecuted by the Grantor and Grantee contemporaneously herewith ("First Amendment"), and asmay be further amended or modified from time to time. The provisions of the Railroad-CountyAgreement are hereby incorporated herein by this reference as if set forth in full, and shall beapplicable to, among other things, all activities and facilities within and under the EasementProperty.EXHIBIT "B"Page 1 of 3
Exhibit 2Page 21 of 55Grantor further agrees that said Perpetual Aerial Easement shall further have as its purpose theprohibition of intrusion into, encroachments upon and obstructions into the Easement Property,except for the Runway Bridge Structures. Grantor agrees that it shall not permit buildings,structures, facilities, improvements, vegetation or other objects to be located,constructed or remain within the Easement Property, now or in the future, other than theRunway Bridge Structures (unless otherwise agreed to in writing by the Grantee.) ThisEasement hereby grants to the Grantee the continuing right to prevent the erection or intrusionor encroachment of any building or other structure, tree, facility or vegetation, or any otherobject, whether natural or man-made that might now or in the future, extend into the airspace ofthe Easement Property, or encroach upon the Runway Bridge Structures, or in any mannerencroach upon the Easement Property (unless otherwise agreed to in writing by the Grantee).Subject to the provisions hereof, this Easement also grants to the Grantee the continuing rightto prevent any facility or activity (including, but not limited to, glaring lights or electronicinterference) on the Grantor's Rail Corridor Property that might interfere with the safe operationof aircraft using said Easement Property or taking off or landing at the Airport, unless suchactivity is necessary for the safe and efficient operation of the railroad, or the Grantee otherwiseagrees to such activity or facility pursuant to the Railroad-County Agreement. Grantor, for itself,and for its successors and assigns, does hereby covenant and agree that it will not conduct orpermit on or within the Grantor's Rail Corridor Property any facility or activity (including, but notlimited to, glaring lights or electronic interference) that might interfere with safe operation ofaircraft using said Easement Property or taking off or landing at the Airport, unless such activityis necessary for the safe and efficient operation of the railroad, or the Grantee otherwise agreesto such activity or facility pursuant to the Railroad-County Agreement. If any such facility oractivity is necessary for the safe and efficient operation of the railroad, then prior to commencingany such activity or facility installation: (i) a notice describing such proposed facility or activityshall be filed with the Federal Aviation Administration, or successor agency ("FAA") under 14CFR Part 77, as it may be amended from time to time, and also a notice of such activity orfacility installation shall, if required, be filed with the Federal Railroad Administration, orsuccessor governmental agency, and (ii) a copy of the foregoing notice(s) shall be provided tothe Grantee. If the FAA issues a written determination that the facility or activity is a hazard toair navigation (hereafter referred to as a "Hazard Determination"), then the Grantor shall notproceed with any such planned activity or facility installation, and the Grantor shall not allow orpermit on or within the Grantor's Rail Corridor Property any such facility or activity. If the FAAprovides a "No Hazard Determination" (as hereafter defined), the Grantor may proceed withsuch facility or activity following the end of any period established in the No HazardDetermination that allows for petition by interested parties. Either of the following determinationsby the FAA shall be deemed a "No Hazard Determination": (a) the FAA declares in writing that itdeclines to initiate a study of the planned facility or activity, or (b) the FAA determines in writingthat the planned facility or activity does not constitute a hazard to air navigation. The GrantorEXHIBIT "B"Page 2 of 3
Page 1 and 2: Exhibit 2Page 1 of 55PERPETUAL AERI
Page 3 and 4: Exhibit 2Page 3 of 55(a)(b)(c)Zonin
Page 5: Exhibit 2Page 5 of 55(e) Title shal
Page 12 and 13: Exhibit 2Page 12 of 55EXHIBIT 1PERP
Page 15 and 16: Exhibit 2Page 15 of 55PERPETUAL AER
Page 18 and 19: Exhibit 2Page 18 of 55SCALE: 1" = 3
Page 22 and 23: Exhibit 2Page 22 of 55shall impleme
Page 24 and 25: Exhibit 2Page 24 of 55EXHIBIT 3NO L
Page 26 and 27: Exhibit 2Page 26 of 55Law Offices o
Page 28 and 29: Old Republic National Title Insuran
Page 34 and 35: Exhibit 2Page 34 of 55EXHIBIT 5FIRS
Page 36 and 37: Exhibit 2Page 36 of 552. Any work b
Page 38 and 39: Exhibit 2Page 38 of 55reimburse COM
Page 40 and 41: Exhibit 2Page 40 of 55improvements
Page 42 and 43: Exhibit 2Page 42 of 55or other obje
Page 44 and 45: Exhibit 2Page 44 of 55governmental
Page 46 and 47: Exhibit 2Page 46 of 55FIRST AMENDME
Page 48 and 49: Exhibit 2Page 48 of 55Due to the un
Page 50 and 51: Exhibit 2Page 50 of 55The sidewalk,
Page 52 and 53: Exhibit 2Page 52 of 5517 If pre-emp
Page 54 and 55: Exhibit 2Page 54 of 55EXHIBIT 6MATT

- 1 - PERPETUAL AERIAL EASEMENT ACQUISITION AGREEMENT ...

Create successful ePaper yourself

Delete template?

Save as template?