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For Recording purposes Only
DECLARATION AND DEDICATION OF A VIGATION EASEMENT
AND RELATED COVENANT AND AGREEMENTS
THIS DECLARATION AND DEDICATION OF A A VIGATION EASEMENT,
'1V
Made this ~ day of ~ ' 20 o(P (hereinafter referred to as "the
Declaration"), by
'b~ 'lJ~T
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(hereinafter '1he Declarant" regardless of whether singular or plural), a 'h....., .,..
L I .-v... \ ;"'l:\J L... A @. \ l. ''T''j ~.........p II'> '"" 'y
r ,.
Whose principal mailing address is
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327B9
WITNESSETH:
WHEREAS, Declarant represents that it is the sole record owner in fee simple of certain
real property (hereinafter referred to as the "Property") located in City of Sanford, Florida which
is more particularly described in EXHIBIT "A" attached hereto; and
WHEREAS, the Declarant plans to develop the Property in compliance with the
development plan identified as A t'-'-\~u:..~ T~~"'" ~~e:...5
which shall be comprised of 200 'Tow".,k1\'/v\'-e \)A-' \-s ; and
WHEREAS, the Property is located in close proximity to the Orlando/Sanford Airport
(which, as it noW exists or may hereafter be enlarged and/or developed, is hereinafter referred to
as the "Airport"); and
WHEREAS, the Property is now and in the future will be subject to aircraft overflights
and noise emanating from aircraft operating at or arriving at or departing from the Airport; and
-
WHEREAS, the Property does not lie within any runway protection zone; and
WHEREAS, four (4) runways are in operation at the Airport at the execution of this
instrument and a fifth (5th) I runway is planned for future construction; and
WHEREAS, the Declarant desires that all persons hereafter residing on, vlSltmg or
otherwise occupying the Property be placed on notice that the Property is in the proximity to the
Airport, and of the expected occurrence of aircraft activity and resulting noise on and around the
Airport and over and near the Property;
NOW THEREFORE, for good and sufficient consideration, the receipt and adequacy of
which Declarant hereby acknowledges, the Declarant does hereby grant, bargain, sell and convey
to the City of Sanford and the Sanford Airport Authority, for the use and benefit of the public, an
easement and right-of-way for the unobstructive use and passage of all types of aircraft through
the airspace above the Declarant's property and Declarant hereby convenants and declares that
all of the Property shall be held, sold, used, and conveyed subject to the following avigation
easements, covenants, and waiver, which shall run with the Property and be binding on all
occupants thereof and on all parties having any right, title, or interest is the Property or any part
thereof, their heirs, successors, and assigns, grantees, invitees, and tenants,
DECLARANT HEREBY DECLARES, ESTABLISHES, GRANTS AND CONVEYS to
the City of Sanford and the Sanford Airport Authority, and all persons lawfully using the
Airport, the right to operate aircraft in, and the right to cause in the airspace above or near the
Property such noise as may be inherent in the operation of aircraft, now known or hereafter used,
while landing on, taking off from, or operating at the Airport, so long as such operations are in
compliance with applicable federal regulations concerning operation of aircraft and use of the
Airport; and further provided that such operation and use does not result in actual physical
damage to the Property or any improvements now or hereafter existing on the Property.
This document grants the City of Sanford and Sanford Airport Authority the right to
prevent the growth or erection upon Declarant's Property of any building, structure, tree, or other
object extending above the Declarant's Property which penetrates any airspace in violation or
contravention off any Federal legal requirement, statute, rule, order or advisory circular.
Declarant covenants and agrees that it its successors, assigns, invitees, and tenants shall
not assert, initiate, join in, or prosecute a claim, administrative proceeding, lawsuit, demand,
grievance, or other cause of action, and hereby expressly waives for him/her/their/self(ves) or
itself, and any and all successors, assigns, invitees, and tenants, any claim, administrative
proceeding, lawsuit, demand, grievance, or other cause of action it or they may now have or that
may arise in the future against the City of Sanford and/or the Sanford Airport Authority, the
operators and owners of aircraft lawfully using the Airport, or any predecessor in title and, in the
case of the aforementioned public agencies and private companies, their respective officers,
directors, appointed advisory board members, appointed board members, stockholders,
employees and agents (collectively "the Benefited Parties") for any inverse condemnation,
damages, aircraft noise (including without limitation, noise produced by aircraft located on the
Airport, approaching the Airport for landing or departing from the Airport, in the Airport
tit'
pattem(s), and claims of fear, interference with sleep or communication), nuisance or other
action of any nature whatsoever, now existing or created by future laws or decisions arising out
of, or related to, aircraft activity in the proximity of the Property. This Declaration shall not be
construed to bar any of the persons bound from any claims against any person or entity for
personal injury or property damage caused by or resulting from negligent operation of any
aircraft, or use of airspace in a manner violative of applicable Federal laws and regulations. As
used herein, the term "aircraft" shall mean any and all types of aircraft, whether now in existence
or hereinafter manufactured and developed, to include, but not be limited to, jet aircraft,
propeller driven aircraft, civil aircraft, military aircraft, commercial aircraft, helicopters and all
other types of aircraft or vehicles. With respect to any such aircraft, the Declarant also covenants
not to cause electrical interference, or interfere with radio communication or impair visibility
with dust or smoke.
Nothing contained herein shall be construed to limit the construction of any structure on
the Property which complies with all applicable laws and any development standard imposed by
(,'7 e>F' S~rcF-~ and other government agencies having
jurisdiction regarding said construction, so long as any such construction does not, because of its
height or function, restrict or impede usage of the Airport by aircraft landing or taking off in the
same manner as if the structure were not in existence.
Declarant shall pay for the costs to record this Declaration in the Public Records of
Seminole County, Florida, When recorded, each provision of this Declaration shall run with and
burden the Property, and shall be binding upon all owners, tenants, invitees or occupants thereof,
their heirs, successors and assigns, invitees, and tenants. The acceptance by any party of any
right of use, deed, lease, mortgage or other interest in or privilege pertaining to the Property
whatsoever shall constitute acknowledgement and acceptance of the terms of this Declaration
and the binding effects hereof.
This Declaration shall bind the undersigned owners, their successors and assigns
(individuals, corporation and other entities) and grantees and tenants thereof, and their respective
successors and assigns, The acceptance by any person or entity of any conveyance of any
interest in the Property shall constitute acknowledgement of the terms of this Declaration and
agreement to be bound by the terms and conditions of this Declaration.
This Declaration touches and concerns the Property and shall be a covenant running with
and burdening the Property and shall inure to the benefit of the Benefited Parties, their
successors and shall be perpetual in existence unless the rights herein are abandoned by a
document of equal dignity herewith.
~e WOos!; 1.L.C-) A
THE DE . ~ \""W&-\lllo.l,\ ""'f""1
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_Let:) ~ ~C) IN s~~te..
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STATE OF FLORIDA
COUNTY OF-sEHlNObY tR~~~€.
I HEREBY CERTIFY that on this day, before me, the officer duly authorized in the State
and County aforesaid to take acknowledgements, personally appeared J~e.t> J:" ?o 1~$.It~
, well known to me to be the A E\~I\ ~v.)j Me rl\1o~
... 'I" ...Ii.. 1;lOof l> 1l.Jj <:. ' a Florida \ ,M iwJ l,4.l d-t
.GutpVli1.L~vll and that h~ acknow edged executing the same freely and voluntarily under Ctl~'(
authority duly vested in .thetTr'by said corporation.
~ ~
WITNESS my hand and official seal in the County and State last aforesaid this:5 a
day of D~--k~o~~ ,20 a~ .
....".... MICHAEL J. SHEAHAN
/~!f'~M~;. MY COMMISSION 11 DO 247669
f~ .:.~ EXPIRES'. september 4, 2007
~... .;1; Bonded ThN No\al'/ Public underWrilers
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My Commission Expires:
ATTEST
By: Corporate President
Corporate Secretary