- 1 - PERPETUAL AERIAL EASEMENT ACQUISITION AGREEMENT ...

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Exhibit 2Page 22 of 55shall implement any conditions identified by the FAA in the No Hazard Determination that arerequired to mitigate any potential hazard to aircraft. If the FAA fails to provide either a NoHazard Determination or a Hazard Determination within ninety (90) calendar days following thedate the Grantor provides its notice under subparagraph (i) above to the FAA, then Grantor mayproceed with the planned facility or installation, subject to all applicable laws and regulations.Nothing herein shall preclude the Grantor or Grantee from pursuing any action, mitigation oraccommodation permitted by the FAA in respect of any No Hazard Determination, providedthere shall be no encroachment upon the Easement Property (unless otherwise agreed to inwriting by the Grantee). Notwithstanding anything herein to the contrary, the Grantor or theGrantee may appeal, protest or otherwise contest any determination of the FAA, including aNotice of Proposed Hazard, through proper proceedings with FAA and the United StatesDepartment of Transportation or any of its successors or agencies, as applicable. Nothingherein shall preclude Grantor or Grantee from pursuing any action or remedy provided underthen applicable federal, state and local laws and regulations.It is further understood and agreed by and between the Grantor and the Grantee that thecovenants, rights, privileges and easements granted and conveyed herein shall run with theland, and that for the purposes of this instrument, the Grantor's Rail Corridor Property shall bethe servient tenement and the Grantee's Airport shall be the dominant tenement. The remediesof injunction and specific enforcement shall be available to the Grantor and the Grantee toenforce this Easement, as well as all other remedies that may be available at law and in equity.EXHIBIT "B"Page 3 of 3
Exhibit 2Page 23 of 55EXHIBIT 2LIST OF PERMITTED EXCEPTIONS TO <strong>AERIAL</strong> <strong>EASEMENT</strong>1. Agreement recorded in O.R. Book 28046, Page 191, Public Records ofBroward County, Florida.2. Easements recorded in O.R. Book 1574, Page 612, O.R. Book 1589, Page191, Public Records of Broward County, Florida3. Easement recorded in O.R. Book 5099, Page 123, Public Records ofBroward County.4. Order of Taking recorded in O.R. Book 10050, Page 323, Public Records ofBroward County, Florida.5. Certificate recorded in O.R. Book 10121, Page 654, Public Records ofBroward County, Florida.6. Resolution recorded in O.R. Book 10061, Page 557, Public Records ofBroward County, Florida.7. Resolution recorded in O.R. Book 10061, Page 546, Public Records ofBroward County, Florida.8. Agreement recorded in O.R. Book 10513, Page 37, as affected by Matterscontained in Deeds recorded in O.R. Book 14371, Page 821, O.R. Book 14370,Page 542, O.R. Book 14055, Page 200, Public Records of Broward County,Florida.9. Matters contained in Deed recorded in O.R. Book 11763, Page 71, PublicRecords of Broward County, Florida.10. Agreement recorded in O.R. Book 11773, Page 204, Public Records ofBroward County, Florida.11. Easement recorded in O.R. Book 14055, Page 204, Public Records ofBroward County, Florida.Page 1 of 1
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 20 and 21: Exhibit 2Page 20 of 55EXHIBIT "B"TE
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

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