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04/20/2005 Avigation Easement pr DoeN 1532723 08/04/2005 9:57AM This instrument was prepared by: Filed & Recorded in Official Records of MONROE COUNTY DANNY L. KOLHAGE Heather P. Faubert, Asst.NIP Manager THC,Inc. 08/04/2005 9:57AM DEED DOC STAMP CL: FP $0.70 2180 Satellite Blvd., Suite 160 Duluth,GA 30097 - Doea 1532723 Bkq 2138 Pgq 2216 AVIGATION EASEMENT Key West International Airport Noise Insulation Program THIS EASEMENT AGREEMENT is entered into this 10T" day of MARCH, 2004, by CHARLES ROBERT LEICHTER, 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 83 and the East 5 feet of Lot 84 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: 2811 VENETIAN 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 deemedto 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 1 of 5 Doc 1532723 Bkp 2138 Pgq 2217 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 5 Doe# 1532723 Bk# 2138 PO 2218 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 BOARD OF COUNTY COMMISSIONERS 0/Y1262.Kei., C . By: Øi j . e. "BOCC" " OMEOWNER" gin Fc.Gt-Fra._• STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me this Z1.t day of•,r zoos by Dixie. as Mayor of the Monroe County Board of County Comm'Ao'ers, a body politic and corporate. ry Public 'scion Ex ires: "Ns��, ti'� PAMELA G.HANCOCK STATE OF FLORIDA "; *e MY COMMISSION#DD 256075 7.��•# EXPIRES:February 7,2008 1 COUNTY OF MONROE 444, ' Bonded Thru Notary Public Undewriters The foregoing instrument was acknowledged before me this 1fday of McLON Homeowner2 C• • (Bo Le r-tA4c C(itary Public My Commission Expires: OFFICIAL NOTARY SEAL CARRI C FREIJE NOTARY PUBLIC SI'ATEOF FLORIDA COMMISSION NO.DD032274 MY COMMISSION EXP.JUNE 7,2105 Page 3 of 5 Doe 1532723 Bktt 2138 PO 2219 Loan #:0188104871 Consent to Noise Easement Wells Fargo Home Mortgage, Inc. a California Corporation ("Lienholder"), hereby consents to the grant of the foregoing Avigation Easement for the Key West International Airport by Charles R. Leichter to Monroe County Board of County Commissioners-(BOCC), and joins in the execution hereof solely as Lien holder and hereby does agree that in the event of the foreclosure of said mortgage, or other sale of said property described in said mortgage under judicial or non judicial proceedings, the same shall be sold subject to said Avigation Easement. SIGNED AND EXECUTED this day of /M/g,ec , 2004. Wells Fargo Home Mortgage, Inc. By: nYeltdd cfrfilly4.4 Lorna L. Slaughter Vice President Loan Documentation STATE of MARYLAND COUNTY of FREDERICK BEFORE ME, the undersigned authority, on this day personally appeared Lorna L. Slaughters Vice President Loan Documentation, of Wells Home Mortgage, Inc., a California corporation, known to me to be the person and Officer whose name is subscribed to the foregoing instrument and who acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated, as the act and deed of the said corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS oc''day of /1P9 RCn/ , 2004. Notary Public NANETTE S. FRANCELLA My commission expires: o�- -7 NOTARY PUBLIC STATE OF MARYLAND County of Frederick. 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