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A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK AVIGATION EASEMENT THIS AVIGATION EASEMENT (hereinafter "Easement") is made and granted this day of 2019, by INDIAN RIVER COUNTY, a political subdivision of the State of Florida whose mailing address is 1801 27th Street, Vero Beach, FL 32960, hereinafter the "GRANTOR," in favor of the CITY OF VERO BEACH, FLORIDA, a Florida municipal corporation, whose mailing address is P.O. Box 1389, Vero Beach, Florida 32961-1389, hereinafter the "GRANTEE." WITNESSETH: WHEREAS, GRANTOR is the sole record owner in fee simple of that certain real property situated in Indian River County, Florida, which is more particularly described as follows: (See Exhibit "A" attached hereto and incorporated herein by this reference), hereinafter called GRANTOR'S "Property," said Property being located as approximately depicted on the map attached hereto as Exhibit "B" incorporated herein by this reference; and WHEREAS, GRANTEE is the owner and operator of the Vero Beach Regional Airport (hereinafter "Airport" as it now exists or may hereafter be enlarged, expanded and/or further developed or re -named), situated in the City of Vero Beach, Indian River County, Florida; and WHEREAS, GRANTOR'S Property is in close proximity to GRANTEE'S Airport; and WHEREAS, GRANTOR anticipates making improvements and developing the Property for passive recreations, environmental projects or activities that are ancillary to and consistent with the use of the Dodgertown Property and, although the Airport currently has a voluntary comprehensive noise abatement program, GRANTOR recognizes that the Property is and will continue to be subject to noise and other effects from aircraft operations as a result of the Property's proximity to the Airport; and WHEREAS, GRANTOR and GRANTEE desire to preserve for the use and benefit of the public its right of free and unobstructed flight for aircraft landing upon, taking off from, or maneuvering about or in the vicinity of the Airport; and WHEREAS, GRANTOR has heretofore agreed, and desires hereby, to grant to GRANTEE an avigation easement over, across and through the GRANTOR'S Property for such free and unobstructed flight of aircraft landing upon, taking off from, or maneuvering about or in the vicinity of the Airport; NOW, THEREFORE, in consideration of the terms, covenants and conditions set forth herein, together with other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and for the purposes of complying with all applicable laws and regulations of Page 1 of 6 N:\Client Docs\City Council\REAL PROPERTY\Dodgertown Golf Course-Sale\2019.03.01.Avigation.Easement.kch.doc