Avigation Easement 04/20/2005 Doe, 1532728 08/04/2.005 9:57AM
This instrument was prepared by:
Filed &MONROE COUNTY in DANNY1cia
L. KOLHAGE of Heather P. Faubert, Asst.NIP Manager
THC,Inc.
08/04/2005 9:57AM 2180 Satellite Blvd., Suite 160
DEED DOC STAMP CL: FP $0.70 Duluth,GA 30097
Doc, 1532728
Bk, 2138 Pg, 2241
AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program
THIS EASEMENT AGREEMENT is entered into this 30T" day of MARCH, 2004, by JOHN
C. (III)&CHRISTINA M. MCMAHON, 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 50 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: 1616 JAMAICA 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).
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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
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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
_ r By: /C /, e. )99, a tJ
eiyor
"BO "
d4filf s
"HOMEOWN R"
STATE OF FLORIDA
COUNTY OF MONROE
Cfa a
The foregoing instrument was acknowledged before me this 7 day o z°°S by
Dixie. M. Sr .4 Q- as Mayor of the Monroe County Board of County Comrt Toners, a body
politic and corporate. r
o ary ublic
My Commission Expires:
; °; •, PAMELA G.
STATE OF FLORIDA •'; . > w DD256
*: '" :;_ MY COMMISSION#DD
COUNTY OF MONROE rr 256075
���' EXPIRES:February 2008
4,Rf tb Bonded Thru Notary Public Underwriters
The
foregoing instrument was acknowledged before me thi , day of U 2,4
`
Homeowner
Not:ry Public
My Commission Expires:
.•`'era''•, L A. Timmons
a. m#Dfl07890
7,_ s= 84123 Dd BNB
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AVIGATION EASEMENT '
Lo I Lp,1-a_vv\al CCU.
MORTGAGEE CONSENT
KEYS FEDERAL CREDIT UNION ("Mortgagee"), is the owner and holder of a mortgage
lien upon the property described in the foregoing easement("the Property") pursuant to a
mortgage recorded in Official Records Book 1392, Page 0882, Public Records of Monroe
County, Florida. Mortgagee hereby consents to subjecting the Property to the terms and
provisions of the foregoing easement.
Witnesses: KEYS FEDERAL CREDIT UNION
By:
gnature of Witnes -
its: p' Uj
C ,,-4
Pr •• Name of Witness
LjitiLl'-ar ature of Witness Doc 1532728
jea,,,,,c,
� � Bkq 2138 Pga 2244
L. /
Print Name of Witness
STATE OF
COUNTY OF
The fore in instrument was acknowledged before me thi 7 day of ja4-41,z4-7 41/
b ,�,f 3 as vp94 of KEYS FEDERAL CREDIT UNION, on behalf of
the corporation. He/She is personally known to me or has produced
_ as identification and did not take an oath. If no type of identification is indicated, the
above-named person is personally known to me.
L4C,A._ ....)/16.":1
S' nature of Notary Public
j--e_a_Auo- L . /-h
Print Name of Notary Public
I am a Notary Public of the State of
My Commission Expires o; •/ ^ I) �-e9D�
I
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