Okaloosa County BOCC — November 4, 2014 — Restrictive Use Easement — reading text

(Leave blank for required recording information) DEED OF EASEMENT THIS DEED OF EASEMENT is made this ____ day of ___________, 2014, by the Okaloosa County Board of County Commissioners, a political subdivision of the State of Florida, 1804 Lewis Turner Blvd, Suite 100, Fort Walton Beach, Florida 32547, the “Grantor," and The United States of America (the "Grantee"). When used in this Easement, unless the context otherwise specifies, “Grantor” includes the heirs, personal representatives, successors and assigns), and “Grantee” includes the assigns of The United States of America and the successors of the Secretary of the Air Force. The Grantor and the Grantee may be collectively referred to as “Parties,” or each may be referred to as a “Party.” WITNESSETH In consideration of One Million One Hundred Thousand AND NO/100 DOLLARS ($1,100,000.00), the receipt thereof, and the mutual covenants, terms, and conditions contained in this Easement, the Grantor hereby grants and conveys to the Grantee a restrictive use easement in perpetuity (this “Easement”) on and over the land described in Exhibit A, hereafter known as the Shoal River Military Installation Buffering Project (the “Property”), on terms and conditions as set forth in this Easement. The acquiring Federal agency is the Department of Defense, United States Air Force pursuant to 10 U.S.C. § 2684a. The Grantor will own the Property in fee simple title and the Grantee will have its easement interest in the Property as set forth in this Restrictive Use Easement. 1. Purpose. It is the purpose of this Easement to limit any development or use of the Property that would otherwise be incompatible with the mission of Eglin AFB, Florida (the “Installation”), or might interfere, whether directly or indirectly, with current or future military training, testing, or operations on or near the Installation.  2. Rights of the Grantee. To accomplish the purpose of this Easement, the Grantor conveys the following rights to the Grantee(s): a. To limit any development or use of the Property that would otherwise be incompatible with the mission of the Installation; provided the exercise of such right does not prohibit the restoration, preservation or protection of a wetland, stream or habitat conservation area for purposes of mitigation banking or conservation activities (including the granting of wetland mitigation credits, conservation easements, and related activities) and the location or relocation of access roads, utilities (overhead and underground) and related facilities. b. To enter upon the Property at reasonable times in order to monitor compliance with, and enforce the terms of this Easement; provided, the entry shall be made after giving reasonable notice to the Grantor as each circumstance may permit, and the Grantee shall not unreasonably interfere with use and quiet enjoyment of the Grantor of the Property; and c. To prevent any activity on, or use of, the Property inconsistent with the purpose of this Easement, and to require the restoration of areas or features of the Property which may be damaged by any inconsistent activity or use, pursuant to Sections 3 and 4 below. 3. Prohibited Uses. The Grantor is prohibited from any activity or use of the Property inconsistent with the purpose of this Easement. Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited: a. Subdivision of the Property, residential development at greater density than current residential use, and general commercial activities; provided this does not prohibit passive recreational uses, continuation of existing activities, and agricultural uses, including production and management of livestock, crops, trees, and other vegetation, as well as aquiculture (including the related activities of tillage, fertilization, pest control, and harvesting as well as the feeding, housing, training and maintenance of animals such as cows, sheep, goats, hogs, horses, and poultry.) b. No structure or tree may exceed 80 feet above ground level other than overhead electric power transmission lines and poles pursuant to previously granted utility easement or future utility easement to accommodate additional or relocated facilities. c. No lighting shall be permitted that may be dangerous, distracting, or misleading to aircraft operating from the Installation. This type of lighting includes, but is not limited to, strobe lights, non-emergency vehicle rotating beacons, or light sources above 16,000 lumens. Light sources above 16,000 lumens must be angled 15 degrees below the horizon. 2  d. No operations of any type shall be permitted that produce smoke, glare, or other visual hazards, or that encourage large concentrations of birds that may be dangerous for aircraft operating from the Installation, unless approved in writing by Grantee. e. Notwithstanding the prohibitions in this section, the Parties recognize and agree certain third parties reserved mineral rights, utility easements, and other interests in the Property prior to Grantor’s acquisition and such interests will not be limited by this Deed. However, Grantor shall use its best efforts to abate or mitigate any potential interference or adverse effect the exercise of rights afforded by such interests may cause to the mission of the Installation. 4. Enforcement and Remedies. Upon any breach of a term of this Easement, the Grantee may institute suit to enjoin any breach or enforce any term by injunction and require the Property be restored promptly to the condition required by this Easement. The remedies of the Grantor shall be cumulative, and shall include any other rights and remedies available to the Grantee at law or in equity. 5. Discretion of the Grantee. Enforcement of the terms of this Easement shall be undertaken at the discretion of the Grantee. No failure on the part of the Grantee to enforce any term of this Deed on one occasion shall discharge or invalidate that term or any other term of this Deed, or affect the enforcement right of the Grantee in the event of a subsequent breach or default. 6. Notices. Any notice, approval, or communication that either Party is required or desires to give related to this Easement must be given in writing and may be served personally, including by recognized courier service, or sent by certified mail, return receipt requested, by the U.S. Postal Service, to: Grantor: _____________________________ _____________________________ _____________________________ Department of the Air Force: _____________________________ _____________________________ _____________________________ Or to any other address a Party may designate by written notice to the other Party. 3  7. Grantor’s Rights. Grantor retains all rights to use the Property without limitation, as well as the right to enter upon the easement area and to use it in any manner not inconsistent with the rights granted hereunder to the Grantee or those Grantor is restricted from exercising as provided in Section 3 hereof. Grantor shall pay any and all ad valorem taxes that may be due or become due on the Property. 8. Subsequent Transfers. The Grantor further agrees to give written notice, by the means specified in Section 6, to the Grantee) of the transfer or assignment of any interest in the Property at least twenty (20) days prior to it. The Grantor agrees to make any such transfer or assignment subject to the terms of this Easement. 9. Severability. If any provision of this Easement, or its application to any person or circumstance, is found to be invalid, the remainder of the provisions of this Easement, or the application of the invalid provision to persons or circumstances other than those in favor of which it is found to be invalid, as the case may be, shall not be affected. 10. Runs with the Land. The covenants, terms, conditions, and restrictions of this Easement shall be deemed to touch and concern, and run with, the land; provided that, in the event the Grantee no longer owns the property comprising the Installation, or the mission of the Installation changes such that Grantor acknowledges this restrictive use easement is no longer required to avoid interference, whether directly or indirectly, with current or future military training, testing, or operations on or near the Installation, then this Deed of Easement shall be terminated in writing by the Parties and be of no further force and effect. 11. Rights of Third Parties. This Easement is being made subject to existing utility and other public and private easements, and rights, restrictions, covenants, and conditions affecting or pertaining to the Property. If Grantor grants any other easements to third parties, it will notify the Grantee and require such third party grantees to coordinate their use of the property with the Grantee. 12. Entire Agreement. This Easement sets forth the entire agreement of the Parties for the conveyance of a restrictive use easement on the Property, and supersedes all prior discussions, negotiations, understandings, or agreements, oral or written, relating to this Easement, all of which are merged into this Deed of Easement. IN WITNESS WHEREOF, the Grantor has affixed its signature the day and year written above. (SIGNATURES ON NEXT PAGES) 4  GRANTOR OKALOOSA COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By:___________________________________ Charles K. Windes, Jr., Chairman ATTEST: ___________________________________ J D Peacock, II Clerk Ad Interim APPROVED AS TO FORM: ___________________________________ Gregory Stewart, Esq. County Attorney. Date Executed: 5 This Easement is hereby accepted as Grantee. THE UNITED STATES OF AMERICA By the Secretary of the Air Force By: ____________________________________________ Print Name: ___________________________________ Title: _________________________________________ ACKNOWLEDGEMENT COMMONWEALTH OF VIRGINIA ) ) SS: COUNTY OF ARLINGTON ) On the _____day of___________, 20__, before_____________________________ the Undersigned Notary Public, personally appeared ________________________________, personally known to me to be the person whose name is subscribed to the foregoing Instrument, and personally known to me to be the Deputy Assistant Secretary of the Air Force (Installations), and acknowledged that he executed the same as the act and deed of the Secretary of the Air Force for the purposes and consideration cited therein. __________________________________ Notary Public, Commonwealth of Virginia ___________________________________ Printed Name Commission