State law requires the Port to obtain an Avigation Easement and Release of Claims (“Avigation Easement”) from any owner who participates in the Program in return for the Port paying the cost of the sound insulation improvements. The Port has hired an independent easement acquisition consultant who will assist owners through the process of signing the required Avigation Easement and facilitating provision of a Subordination Agreement with any lenders or other lien holders.
The Owner Avigation Easement grants the Port the right to use the airspace over and in the vicinity of the property for aircraft using Sea-Tac Airport, including the right of free, unrestricted and unobstructed flights; and acknowledges that the effects that may result from the flights of aircraft, and aircraft using, taking off and/or landing at Seattle-Tacoma International Airport, are an authorized permanent burden on the property. State law also requires that the owner grant the Port a release of claims for such activities and limits any recoverable damages to those caused by activities exceeding those authorized by the Avigation Easement. The Avigation Easement must be signed by all persons listed on the deed of the property, will be recorded in the public real estate records, and then becomes a part of the title of the property.
A Subordination Agreement is required if there is an existing mortgage, deed of trust, or other lien on the property. The Subordination Agreement provides that foreclosures, sales or other transactions will not remove the Avigation Easement from the title of the property. Properties that do not have a mortgage or lien holder will not be required to execute a Subordination Agreement.
While these documents must be signed in order to participate in the Program, the Avigation Easement and Subordination Agreement will not be executed by the Port and recorded on the title of the property until after the owner has executed a Scope of Work Acceptance.
