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04/20/2005 Avigation Easement Docq 1532716 08/04/2005 9:57AM i ! Filed & Recorded in Official Records of This instrument was prepared by: MONROE COUNTY DANNY L. KOLHAGE Heather P.Faubert,Asst.NIP Manager 08/04/2005 9:57AM THC,Inc. DEED DOC STAMP CL: FP $0.70 2180 Satellite Blvd., Suite 160 Docp 1532716 Duluth, GA 30097 Bkq 2138 PO 2183 AVIGATION EASEMENT Key West International Airport Noise Insulation Program THIS EASEMENT AGREEMENT is entered into this 9T" day of MARCH, 2004, by EMILY G. PINE, hereinafter referred to as "the Homeowner," in favor of the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a body politic and corporate, hereinafter referred to as "BOCC." RECITALS: A. The Homeowner is the fee simple titleholder to certain real property ("the Property") located in Monroe County, Florida, more particularly described as follows: - Lot 17 of AMENDED PLAT OF RIVIERA SHORES FIRST ADDITION, according to the Plat thereof as recorded in Plat Book 5, Page (s) 88, of the Public Records of Monroe County, Florida. also identified as street address: 1600 BAHAMA DRIVE B. The BOCC is the owner and operator of Key West International Airport("the Airport"). C. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual avigation easement, on terms as hereinafter set forth. NOW THEREFORE, for and in consideration of the sum of Ten Dollars and other valuable considerations, the receipt and adequacy of which is hereby acknowledged by both parties, the Homeowner and the BOCC agree as follows: 1. The Homeowner on behalf of the Homeowner and its heirs, assigns and all successors in interest, does hereby grant, bargain, sell and convey to the BOCC, its successors and assigns, a perpetual avigation easement over the Property. The use of the easement shall include the right to generate and emit noise, and to cause other effects as may be associated with aircraft landing and taking off at the Airport. This easement shall apply to all'such aircraft activity at the Airport, with a maximum applicable noise level as projected on -the Year 2003 Noise Exposure Map, Without Program Implementation (see attached), and it being the intent of the parties that all such Airport activity shall be deemed to be included within the purview of this easement so long as the noise level does not exceed the referenced maximum (Year 2003 Noise Exposure Map, Without Program Implementation). 'Page 1of4 Docp 1532716 8101 2138 PO 2184 2. This easement shall be perpetual in nature and shall bind and run with the title to the Property and shall run to the benefit of the BOCC or its successor in interest as owner and operator of the Airport. 3. The Homeowner on behalf of the Homeowner, its heirs, assigns and successors in interest, does hereby release the BOCC, and any and all related parties of the BOCC, including but not limited to BOCC members, officers, managers, agents, servants, employees and lessees, from any and all claims, demands, damages, debts, liabilities, costs, attorneys fees or causes of action of every kind or nature for which the Homeowner or its heirs, assigns, or successors currently have, have in the past possessed, or will in the future possess, as a result of normal Airport operations or normal aircraft activities and noise levels related to or generated by normal Airport activity, or may hereafter have as a result of use of this easement, including but not limited to damage to the above-mentioned property or contiguous property due to noise, and other effects of the normal operation of the Airport or of aircraft landing or taking off at the Airport. 4. Should either party hereto or any of their successors or assigns in interest retain counsel to enforce any of the provisions herein or protect its interest in any matter arising under this Agreement, or to recover damages by reason of any alleged breach of any provision of this Agreement, the prevailing party shall be entitled to all costs, damages and expenses incurred including, but not limited to, attorneys fees and costs incurred in connection therewith, including appellate action. 5. No provision of this Agreement is to be interpreted for or against any party because that party or that party's legal representative drafted such provision. This agreement shall be interpreted and construed according to the laws of the State of Florida. 6. No breach of any provision of this Agreement may be waived unless in writing. Waiver of any one breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach of the same or any other provision of this Agreement. This Agreement may be amended only by written instrument executed by the parties in interest at the time of the modification. In the event that any one or more covenant, condition or provision contained herein is held invalid, void or illegal by any court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall in no way affect, impair or invalidate any other provision hereof so long as the remaining provisions do not materially alter the rights and obligations of the parties. If such condition, covenant or other provision shall be deemed invalid due to this scope or breadth, such covenant, condition or other provision shall be deemed valid to the extent of the scope or breadth permitted by law. 7. In the event the Airport shall be subdivided into more than one parcel., or the Airport or a portion thereof becomes subject to operation, management or administration by a party in addition to or in lieu of the BOCC,then and in that event the parties agree that same shall not terminate or otherwise affect this Agreement so long as a portion of the Airport continues to operate for standard airport flight purposes, and that any such Page 2 of 4 Doe! 1532716 Bk! 2138 Pg! 2185 successor in interest to the BOCC shall be entitled to all of the benefits running to the BOCC hereunder. 8. If the maximum applicable noise level as projected on the Year 2003 Noise Exposure Map, Without Program Implementation(see attached)is exceeded,then the BOCC will, upon simple demand in writing from the Homeowner, cancel this Agreement from the public records. This Easement Agreement is executed as of the date first above written. Witnesses: MONROE COUNTY (irco BOARD OF COUNTY COMMISSIONERS -- , e By: 52 �tchiAa-L or L‘.,Ok--,:, C_, .._;,-----\6,_____ "BOCC" '-'114--e-;-- 7 , 2„eJ "HOM i OWNER" STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me this Z9. day o t by %xic M.Sp •- as Mayor of the Monroe County Board of County om i i ers, a body politic and corporate. tary Public My Commission Expires: iRr Pp'' PAMELA G.HANCOCK STATE OF FLORIDA %t MY COMMISSION#DD 256075 � = -r'°` EXPIRES:February 7,2006 COUNTY O F MONROE ; ,t" Bonded Thru Notary PubBa underwriters The f egoin instrument was acknowledged before me this 9 day of lain ,1.054by Ems y G. Ycn-e. _ . Homeowner • otary Public .-/-N---i-- My Commission Expires: OFFICIAL NOTARY SEAL CARRI C FREIJE NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO.DD032274 - MY COMMISSION EXP. NE 7 Page 3 of 4 - Doc 1532716 MONROE COUNTY q eir Bks 2138 PO 2186 OFFICIAL RECORDS 4.•• © et , a>LEGEND ,.., , . . 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