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Document Number: USAF-AFMC-FTFA-14-2-0175
DEPARTMENT OF THE AIR FORCE
GRANT OF EASEMENT
FOR
EGLIN AIR FORCE BASE, FLORIDA
Standard Outgrant Easement
SAF/GCN-RPO
March 2010 !
Document Number: USAF-AFMC-FTFA-14-2-0175
DEPARTMENT OF THE AIR FORCE
GRANT OF EASEMENT
FOR
EGLIN AIR FORCE BASE, FLORIDA
TABLE OF CONTENTS
I. PARTIES AND PURPOSE..ssssssssesseesessesssene 2
II. CONSIDERATION
IE. TERM.
IV. GRANTEE ACCESS.
V. GRANTOR’S RIGHT OF ACCESS AND INSPECTION ocsssssssessssssssrsrrserentensessesessenneassornses ssauaeenssasseaesossconsoncensseaes sretssenee 3
VI. GRANTOR’S RIGHT OF ACCESS FOR ENVIRONMENTAL PURPOSES wsssscsssssctsssssonceostossnosnnennrensssnsenscenensenssenne 3
VII. GRANTOR’S REASONABLE REGULATION,
VIII, CONDITION OF EASEMENT AREA..
1X. OTHER GRANTS OF ACCESS
X. GRANTEE’S IMPROVEMENTS sscssssssesstsstssssssussssssasssssnserseuessstssssssssssteaneetenseescecseseetententiseusnassasssse 4
XI, NO OBSTRUCTIONS
XIL. GENERAL INDEMNITY vssssssstsssscessssssisesssssessssssesssunsesssiensstnssesaqsesetinesineenseneentnnneranseisnsnsconnssn 4
XII, LIMITATION OF GRANTEE RIGHTS sstssssssssssssusssssssssseseesetsssissssssssssesesennereeeecceneeeneerintenansssises 5
XIV. INSURANCE
XV. AIRFIELD CONSTRUCTION... tecaeseconceonscaneransts.
XVI. PRESERVATION OF CULTURAL AND NATURAL RESOURCES...
XVI. GRANTEE PERMITS
XVII. ENVIRONMENTAL CONDITIONS. ecssssssesssssssssscersensonrsesserssersansnetoatssancenscosnceronsesausersvessaeassonssencensconsvenvesenstsscanencancantens 6
XIX. ENVIRONMENTAL COMPLIANCE, wccsssssssterscersnerssssssssrssnssssscensescevsnsansenssentsatatancenescenneecenveasenennsnsnsnaseneaseaneaserragnansgeas 6
XX. ENVIRONMENTAL USE RESTRICTIONS <7
XXI, HAZARDOUS MATERIALS AND HAZARDOUS WASTE.. 7
XXIL GRANTOR ENVIRONMENTAL REMEDIATION <7
XXHE ENVIRONMENTAL INDEMNIFICATION ... <7
XXIV. ENVIRONMENTAL LIABILITY OF THE GRANTOR uuscscsssessesssesssessessessessoancononnncasvsansserenatsessensenceseesrsarranenaente 8
XXV. ABANDONMENT OR TERMINATION OF EASEMENT wisssssssssssssssssssonssarerresessarsenssensersasconsonssonscansensaveaenieaseneaneanes 8
XXVI. DAMAGE TO OR REMOVAL OF GOVERNMENT PROPERTY cssssesssessssescssesssssccesconscanseanssavesatsarsenssssssaneavennrenes 8
XXVH. REMOVAL OF GRANTEE IMPROVEMENTS
XXVHI. REMEDIES FOR NON-COMPLIANCE
XXIX. ASSIGNMENT sense one
XXX. AUTHORIZED REPRESENTATIVES AND NOTICES
XXX. EXHIBITS....ccccccsccsecccensssunesensuseneeeereneneneettersesaneeaseaeeeerenpeeeneeeseeeeeneeeesea teens PAEEAeT aE eeS EMEA THA G RE ALEE OD 10
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DEPARTMENT OF THE AIR FORCE
GRANT OF EASEMENT
L PARTIES AND PURPOSE
THE UNITED STATES OF AMERICA, acting by and through the Secretary of the Air
Force (the "Grantor"), under and pursuant to the authority granted in 10 U.S.C. § 2668, the
Secretary of the Air Force having determined that no more land than needed for the easement is
included herein, does hereby GRANT and CONVEY to the Okaloosa County Board of County
Commissioners, Florida a nonexclusive easement to maintain a drainage ditch on Eglin Air Force
Base (AFB), Florida, as described in EXHIBIT A and depicted on EXHIBIT B (the “Easement
Area”). The Grantor and Grantee may be referred to as Parties or separately as a Party.
II. CONSIDERATION
A. The sum of $13,933 and the provision of maintenance, repair, and security of the
Easement Area, and other good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged.
B. Payment is due in advance, Payment information is:
CHECK INFORMATION: MAILING ADDRESS:
Paid to Account: DSSN3801DY 96 CEG/CEIAR
Easement #: USAF-AFMC-FTFA-14-2-0175 501 DeLeon Street, Suite 100
Account Code: 47U2 Eglin Air Force Base FL 32542-5133
Geographical Location: FTFA
C. The Grantee, at its own expense, shall record this executed easement (including
EXHIBITS A and B) in the public records of the county within which the easement site is
located within fourteen (14) days after receipt, and shall provide to the Grantor within ten (10)
days following the recordation a copy of the recorded easement (including EXHIBITS A and B)
which contains the O. R. Book and pages at which the easement is recorded.
Til. TERM
This Grant shall be for a term of 25 years beginning on 13 March 2013 and ending on 12
March 2038.
IV. GRANTEE ACCESS
Grantee is granted the nonexclusive right to use the walkways, streets, and roads on Eglin
AFB, Florida in common with the Grantor and its lessees and licensees for access to and from
the Easement Area and the nearest public street or highway.
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V. GRANTOR’S RIGHT OF ACCESS AND INSPECTION
Grantor shall have the right to enter the Easement Area at any time and shall have the
right to reasonably inspect Grantee’s use of it and any of Grantee’s improvements or property
placed thereon, without notice.
VI. GRANTOR’S RIGHT OF ACCESS FOR ENVIRONMENTAL PURPOSES
Grantor reserves for itself and for the benefit of those local, state and federal
governmental agencies that have responsibility for environmental regulatory compliance (the
"Environmental Agencies") and their respective officials, agents, employees, and contractors,
and subcontractors, the right of access to the Easement Area for the following purposes, either on
the Easement Area or on other lands, and for such other purposes,
A. to conduct site investigations and surveys, including, where necessary, drilling, soil
and water sampling, test-pitting, testing soil borings, and other activities related to the base
Environmental Restoration Program (ERP);
B. to inspect field activities of the Grantor and its contractors and subcontractors in
implementing the ERP;
C. to conduct any test or survey required by the Environmental Agencies relating to the
implementation of the ERP, or environmental conditions on the Easement Area, or to verify any
data submitted to the Environmental Agencies by the Grantor relating to such conditions;
D. to conduct, operate, maintain, or undertake any other response, corrective, or remedial
action as required or necessary under the ERP, including, but not limited to, the installation of
monitoring wells, pumping wells, and treatment facilities; and
E. to monitor any environmental restrictive use covenants and the effectiveness of any
other land use or institutional control established by the Grantor on the Easement Area, either by
itself, by its contractor, by any public entity, including the state, or by a private entity registered
in the state to monitor environmental covenants.
VII. GRANTOR’S REASONABLE REGULATION
The use and occupation of the Easement Area and the exercise of the rights herein
granted shall be subject to Grantor’s reasonable restrictions and regulations regarding ingress,
egress, safety, sanitation, and security, as Grantor, or its duly authorized representatives, may
from time to time impose.
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VIII. CONDITION OF EASEMENT AREA
The Grantee has inspected and knows the condition of the Easement Area. It is
understood that the Easement is granted “as is, where is” without any warranty, representation,
or obligation on the part of the Grantor to make any alterations, repairs, improvements, or
corrections to conditions or to defects whether patent or latent. The Parties shall jointly perform
and sign or otherwise authenticate a Physical Condition Report at the beginning of the Easement
term to document the condition of the Easement Area. This report will be made a part of this
Grant as EXHIBIT C.
IX. OTHER GRANTS OF ACCESS
This Grant is subject to all outstanding easements, rights-of-way, rights in the nature of
an easement, leases, permits, licenses, and uses (collectively, “Outgrants”) for any purpose
affecting the Easement Area. The Air Force may make additional Outgrants and make additional
uses that may affect the Easement Area. However, any such additional Outgrants shall not be
inconsistent with the use of the Easement Area by the Grantee under this Easement.
X. GRANTEE’S IMPROVEMENTS
A. At least 30 days before doing any work to repair, build, alter, modify, or demolish any
improvements in the Easement Area, Grantee shall give written notice of its plans to the Base
Commander through the Base Civil Engineer, who shall have the right to review and approve or
reasonably modify the plans and to place reasonable restrictions on Grantee’s access, equipment,
methods, materials, and manpower related to accomplishing the work, in order to ensure it is
done consistent with Grantor’s use of the Easement Area and the operation of the base.
B. In the event all or any portion of the Premises shall be needed by the United States or
in the event the presence of Grantee’s property shall be considered detrimental to governmental
activities, Grantee shall, from time-to-time and at Grantee’s expense, upon notice to do so, and
as often as so notified, remove or relocate its property to such other location or locations on the
Premises (or substitute land of Grantor which shall then become part of the Premises) as may be
designated by said officer, and in the event Grantee’s property shall not be removed or relocated
within thirty (30) days after any aforesaid notice, the United States may cause the same to be
done at the expense of the Grantee.
XI. NO OBSTRUCTIONS
Neither party shall! use the property nor construct, erect, or place any objects, buildings,
structures, signs, or wells of a permanent nature on, under or over the Easement Area that will
unreasonably interfere with the other Party’s use of the premises, as set out in this Grant or its
reservations.
XII. GENERAL INDEMNITY
The Grantee shall, to the extent permitted by law, indemnify the Grantor, its agents and
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employees, from and against any loss, damage, claim, or liability whatsoever resulting in
personal injury or death, or damage of property of the Grantor and others, directly or indirectly
due to the negligent exercise by the Grantee of any of the rights granted by the Grant, or any
other negligent act or omission of the Grantee, including failure to comply with the obligations
of this Grant or of any applicable laws that may be in effect from time to time.
XIIL LIMITATION OF GRANTEE RIGHTS
Except as is reasonably required to effect the purpose of this Grant, the Grantee has no
right of use, license, easement, servitude, or usufruct, for any purpose, by necessity or otherwise,
express or implied, on, over, across, or under any of the real property of the Grantor, and the
Grantee agrees not to assert any such right or interest by reason of this Grant.
XIV. INSURANCE
Grantee shall maintain the following insurance coverage on which the Government shail
be an Additional Named Insured: ,
A. Commercial general liability insurance using the most recent occurrence form or its
equivalent, covering personal injury, bodily injury, premises, operations, products, completed
operations, and independent contractors. That insurance shall provide coverage for the
contractual liability assumed by the Grantee and shall afford immediate protection at the time of
the Term Beginning Date, and at all times with a single limit coverage amount for each
occurrence and an aggregate amount no less than as described in the insurance policy period
dated 10/01/2013 thru 10/01/2014 at EXHIBIT D.
B. All policies of insurance which this grant requires the Grantee or any contractor to
purchase and maintain, or cause to be purchased and maintained, shall be underwritten by
insurers authorized to underwrite insurance in the state where the Easement Area are located, and
which have a rating of at least B+ by the most recent edition of Best’s Key Rating Guide. In all
policies, Grantor shall be named as additional insured for its interest in, but not limited to, the
Easement Area and any personal property included thereon (under ISO forms CG 2011 and CG
2028 or their equivalents). Grantor shall appear in all policies as “United States of America, c/o
Air Force Real Property Agency.” All policies shall provide (a) that no cancellation, reduction
in amount, or material change in coverage shall be effective until at least sixty (60) days after
receipt by the Government of written notice; (b) that the insurer shall have no right of
subrogation against the Government, and (c) shall be reasonably satisfactory to Grantor in all
other respects, including, without limitation, the amounts of coverages and deductibles from time
to time. Inno circumstances will Grantee be entitled to assign to any third party rights of action
that the Grantee may have against Grantor. Notwithstanding the foregoing, any cancellation of
insurance coverage based on nonpayment of the premium shall be effective upon thirty (30)
days’ written notice to Grantor. Grantee understands and agrees that cancellation of any
insurance coverage required to be carried and maintained by Grantee or contractor under this
grant will constitute a failure to comply with its terms, and Grantor shall have the right to
terminate the easement upon receipt of any such cancellation notice, if Grantee fails to cure such
noncompliance promptly.
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XV. AIRFIELD CONSTRUCTION
Any new construction or alteration at the end of the runway, or within lateral clear zones
for the runway, shall comply with any applicable Air Force requirements, such as those
contained in Air Force Manual 32-1123(1) entitled "Airfield and Heliport Planning and Design,"
dated May 1, 1999.
XVI. PRESERVATION OF CULTURAL AND NATURAL RESOURCES
A. The Grantee shall comply with the base Cultural Resource Management Plan which
calls for preservation of cultural resources, if any, on the installation.
B. The Grantee shall comply with the base Integrated Natural Resources Management
Plan which calls for protection of natural resources or endangered species, if any, on the
installation.
XVII. GRANTEE PERMITS
Grantee shall be responsible for and obtain, at its sole expense, any approvals, permits, or
licenses which may be necessary to the construction and operation of improvements within the
Easement Area, in compliance with applicable law.
XVII. ENVIRONMENTAL CONDITIONS
The Grantor discloses to the Grantee the information described in the attached EXHIBIT
E. The Grantee acknowledges that it has reviewed, or has been afforded the opportunity to
review, these documents and any other representations of the Grantor contained in exhibits
attached to this Grant.
XIX. ENVIRONMENTAL COMPLIANCE
Grantee shall comply with all applicable federal, state, and local laws, regulations, and
standards for environmental protection, including flood plains, wetlands, and pollution control
and abatement, as well as for payment of all fines and assessments by regulators for the failure to
comply with such standards. Grantee shall also indemnify the Grantor to the full extent
permitted by law for any violation of such law, regulation, or standard and shall also reimburse
the Grantor for any civil or criminal fines or penalties levied against the Grantor for any
environmental, safety, occupational health, or other infractions caused by or resulting from
Grantee’s action or inaction or that of its officers, agents, employees, contractors, subcontractors,
sub-grantees, licensees, or the invitees of any of them. In the event that any actions by Grantee
including those of its officers, agents, employees, contractors, subcontractors, sub-grantees,
licensees, or invitees cause or contribute to a spill or other release of a substance or material,
Grantee shall conduct any required cleanup, abatement, or response action in accordance with all
applicable federal, state and local laws and regulations or, at the discretion of Grantor, indemnify
Grantor for all costs of completing such cleanup, abatement, or response action.
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XX. ENVIRONMENTAL USE RESTRICTIONS
Grantee will also comply with the terms of the "Environmental Use Restrictions" set out
in the attached EXHIBIT F.
XXI. HAZARDOUS MATERIALS AND HAZARDOUS WASTE
Grantee shall not bring toxic or hazardous material, hazardous wastes, or hazardous
substances upon the Easement Area. The Grantee shall be responsible for the cost of proper
disposal of hazardous substances, or solid and hazardous wastes generated by its activities under
this Grant. The Grantor may require the Grantee to utilize its on-base centralized systems for the
handling, treatment, storage, and disposal of solid and hazardous wastes. Grantee will comply
with any applicable Eglin AFB, Florida spill prevention control and countermeasure plan, and
any applicable hazardous materials or hazardous wastes management plan.
XXII. GRANTOR ENVIRONMENTAL REMEDIATION
In the exercise of any rights under this Grant, the Grantee will not conduct, or permit to
be conducted, any activities, or allow any condition, that disrupts any environmental remediation
activities of the Grantor on the Easement Area, or on any premises adjacent or contiguous to the
Easement Area, or that would adversely affect the effectiveness of those remediation activities,
including, without limitation,
A. It shall not apply water upon the surface of the Easement Area in any amount or
manner that could impact the migration of contaminated ground water;
B. It shal! not drill below the surface or use ground water drawn from the upper-most
aquifer, unless the Grantor first determines that there will be no adverse impacts on its cleanup
process; and
C. It shall not conduct any construction work that would interfere with, negatively
impact, or restrict access to, any cleanup work.
XXIT. ENVIRONMENTAL INDEMNIFICATION
The Grantee, to the extent permitted by law, will indemnify the Grantor, and its
employees, and agents against, and hold them harmless from, all debts, obligations, liabilities,
suits, claims, demands, causes of action, damages, losses, costs, and expenses (including without
limitation, costs associated with any remedial action or corrective action, costs associated with
any investigation, monitoring, sampling, testing, or removal of hazardous substance(s), costs of
attorney and expert fees and expenses, and court costs) in any way relating to, connected with, or
arising out of, the discovery of any hazardous substance(s) introduced by the Grantee that may
contaminate, or contribute to any existing contamination of, the Easement Area and contiguous
or adjoining premises, after the date of this Grant.
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XXIV. ENVIRONMENTAL LIABILITY OF THE GRANTOR
Grantee does not assume any of Grantor’s liability or responsibility for environmental
impacts and damage resulting from Grantor’s activities; however this provision does not relieve
Grantee of any obligation or liability it might have or acquire with regard to third parties or
regulatory authorities by operation of law.
XXV. ABANDONMENT OR TERMINATION OF EASEMENT
This Grant may be terminated in whole or in part by the Grantor for Grantee’s failure to
comply with the terms of this grant and Grantor may terminate it for any part of the Easement
Area that is abandoned or not used by the Grantee for 24 consecutive months. The Grantor shall
give written notice of any termination, which shall become effective 120 days after the date of
such notice, unless the Grantee commences use or reuse of the unused portion of the Easement
Area within that time.
XXVI. DAMAGE TO OR REMOVAL OF GOVERNMENT PROPERTY
If Grantee or any other person acting in its place causes any disturbance or damage to any
Government property or improvements in the Easement Area or Grantor’s adjacent property,
Grantee, its successors and assigns shall promptly restore them as nearly as may be reasonably
possible to the same condition as existed prior to such disturbance or damage to the satisfaction
of the Grantor; provided, however, that if Grantor confirms in writing that it no longer needs the
improvements and Grantee provides for their complete demolition, removal, and restoration of
the easement area satisfactory to Grantor, they need not be restored or replaced. If any Air Force
property or improvements in the easement area will be removed to accommodate Grantee’s use
of the easement and Grantor does not waive their replacement, Grantee shall replace them in
locations approved by Grantor with facilities having substantially similar design characteristics,
being of the same category, construction, size, and capacity as those replaced, located on an
appropriately restored site. Grantee shall not remove or excavate soil or paved surfaces without
prior written approval of the Grantor and the Grantee shall promptly restore the Easement Area
to substantially the same condition that existed immediately before the removal or excavation.
XXVII. REMOVAL OF GRANTEE IMPROVEMENTS
A. Upon the expiration, abandonment, or termination of the easement, Grantor may
elect, in its sole discretion, to require Grantee to remove all its improvements and other property
from the premises and restore the Easement Area at Grantee’s sole expense to substantially the
same condition that existed immediately before the grant, all to Grantor’s satisfaction. Grantor
shall give notice to Grantee of such election within a reasonable time after learning of Grantee’s
abandonment, or together with Grantor’s notice of termination. Alternatively, at those same
times, Grantor may elect and give written notice to Grantee that some or all of Grantee’s
easement improvements and any other property Grantee may leave on the Easement Area will
revert or be transferred to Grantor. Such reversion or transfer in lieu of Grantee’s removal and
restoration obligation shall be automatic and at no cost to Grantor and shall be effective on the
easement term expiration date or the effective date of any abandonment or termination, without
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additional consideration therefore. Grantee shall execute any documentation reasonably
requested by the Grantor to confirm any transfer or conveyance.
B. If Grantee fails to timely satisfy its removal and restoration obligations, then at
Grantor’s option, Grantee’s improvements and personal property located on the Easement Area
shall either become Grantor’s property without compensation therefore or the Government may
cause them to be removed or destroyed and the Easement Area to be so restored at the expense of
Grantee; and no claim for damages against Grantor, its officers, employees, agents, or
contractors shall be created by or made on account of such removal or destruction and restoration
work. Grantee shall reimburse Grantor for any expenses it incurs to restore the Easement Area
to the condition required by this grant within thirty (30) days after the Government provides
written notice to Grantee of the reimbursement amount together with reasonable documentary
support of the reimbursement amount.
XXVIIL REMEDIES FOR NON-COMPLIANCE
In the event the Grantee fails to comply with any obligation under this Grant, the Grantor
may pursue monetary damages, equitable relief, or both, and the Grantee shall reimburse the
Grantor for its attorney fees and costs.
XXIX. ASSIGNMENT
The Grantee may not assign this Grant without the prior written consent of the Grantor.
XXX. AUTHORIZED REPRESENTATIVES AND NOTICES
Any written notices under this instrument shall be made by mailing or hand delivering
such notice to the parties at the following addresses.
GRANTOR:
Brig Gen David A. Harris
Commander, 96th Test Wing
101 West D. Avenue Suite 132
Eglin AFB FL 32542
GRANTEE:
Board of County Commissioners
Okaloosa County
101 E. James Lee Blvd.
Crestview, FL 32536
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XXXI. EXHIBITS
Exhibit A ~- Description of Premises
Exhibit B — Depiction of Premises
Exhibit C — Physical Condition Report
Exhibit D — Insurance Certificate
Exhibit E— Waiver of Environmental Baseline Survey
Exhibit F — Environmental Use Restrictions
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IN WITNESS WHEREOF, I have hereunto set my hand the day of
, 2014.
THE UNITED STATES OF AMERICA
by its Secretary of the Air Force
By:
DAVID A, HARRIS
Brigadier General, USAF
Commander, 96th Test Wing
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IN WITNESS WHEREOF, I have hereunto set my hand the day of
, 2014.
THE UNITED STATES OF AMERICA
by its Secretary of the Air Force
By:
DAVID A. HARRIS
Brigadier General, USAF
Commander, 96th Test Wing
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IN WITNESS WHEREOF, I have hereunto set my hand the day of
, 2014.
THE UNITED STATES OF AMERICA
by its Secretary of the Air Force
By:
DAVID A. HARRIS
Brigadier General, USAF
Commander, 96th Test Wing
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ACCEPTANCE
The Grantee hereby accepts this Grant of Easement and agrees to be bound by its terms.
DATED: day of , 2014.
GRANTEE:
Okaloosa County Board of County Commissioners
By:
CHARLES K. WINDES, JR.
Chairman of the Board
Attest:
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ACCEPTANCE
The Grantee hereby accepts this Grant of Easement and agrees to be bound by its terms.
DATED: day of , 2014.
GRANTEE:
Okaloosa County Board of County Commissioners
By:
CHARLES K. WINDES, JR.
Chairman of the Board
Attest:
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ACCEPTANCE
The Grantee hereby accepts this Grant of Easement and agrees to be bound by its terms.
DATED: day of , 2014.
GRANTEE:
Okaloosa County Board of County Commissioners
By:
CHARLES K. WINDES, JR.
Chairman of the Board
Attest:
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DESCRIPTION OF PROPERTY
The easement area includes the drainage ditch and adjacent roadway behind the Pine
Meadows 2nd Addition Subdivision on Eglin AFB property Northwest of the Fort Walton Beach
Northwest Florida State College and University of West Florida campus. The easement consists
4.42 acres, more or less.
EXHIBIT A