08/21/2019 Agreement GV�COUgrd��11
Op•'°YY c�'0'�o'�, Kevin Madok, CPA
H
' ;� - 'B.,: Clerk of the Circuit Court&Comptroller—Monroe County, Florida
ROE CCif `•-
DATE: August 29, 2019
TO: Beth Leto, Airports
Business Manager
FROM: Pamela G. Hanco i101.C.
SUBJECT: August 21" BOCC Meeting
Enclosed is a duplicate original of the following item for your handling:
C30 Avigation Easement with GEM HOMES LLC to provide a right-of-way for the free
and unrestricted passage and flight of aircraft in, through, across and about the airspace above a
parcel of property described in Exhibits A and B adjacent to the Florida Keys Marathon
International Airport in consideration of fulfillment of a condition of project approval by the City
of Marathon.
Should you have any questions, please feel free to contact me at(305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
AVIGATION EASEMENT
This indenture, made this day of OLUqu +' , 2019, between GEM HOMES,
company LLC., a Florida limited liability (here' "GRANTOR"), and Monroe County, a
political subdivision of the State of Florida(hereinafter"GRANTEE"),provides that:
A.The GRANTOR for and in consideration of fulfillment of a condition of project approval,does
hereby grant to the GRANTEE,its successors and assigns,a perpetual and assignable easement in
and over that certain parcel of real property more particularly identified and described in Exhibits
"A" and "B" attached hereto and made a part hereof (said parcel hereinafter referred to as
PARCEL), and a right-of-way for the free and unrestricted passage and flight of aircraft of the
class, size and category as is now or hereinafter may be operationally compatible with the Florida
Keys Marathon International Airport, in, through, across and about the airspace above an
imaginary plane,as such plane is defined by Part 77 of the Federal Aviation Regulations, over said
PARCEL, as described below(hereinafter"Airspace").
B. The Airspace for avigation easement purposes above said PARCEL consists of all of the air
space above the imaginary plane that is described by Part 77 of the Federal Aviation Regulations.
C. The aforesaid easement and right-of-way described in Paragraphs A and B includes but is not
limited to:
1.For the use and benefit of the public,the easement and continuing right to fly,or cause or permit
the flight by any and all persons or aircraft, of the class, size and category as is now or hereinafter
may be operationally compatible with the Florida Keys Marathon International Airport, in,
through, across or about any portion of the Airspace hereinabove described; and
2. The easement and right to cause or create, or permit or allow to be caused or created within the
Airspace, such noise, dust,turbulence,vibration,illumination, air currents,fumes, exhaust, smoke
and all other effects as may be inherent in the proper operation of aircraft,now known or hereafter
used for navigation of or flight in air; and
3. The continuing and perpetual right to clear and keep clear the Airspace of any portions of
buildings, structures, or improvements of any and all kinds, and of trees, vegetation, or other
objects, including the right to remove or demolish those portions of such buildings, structures,
improvements, trees or any other objects which extend into said Airspace and the right to cut to
the ground level and remove any trees which extend into the Airspace; and
4. The right to mark and light, or cause or require to be marked or lighted, as obstructions to air
navigation,any and all buildings,structures,or other improvements,and trees or other objects now
upon, or that in the future may be upon, said PARCEL, and which extend into the Airspace; and
5. The right of ingress to, passage within, and egress from said PARCEL, solely for the above
stated purposes.
D. GRANTOR, on behalf of itself, its successors and assigns hereby covenants with the
GRANTEE,Monroe County, as follows:
1. GRANTOR,its successors and assigns,will not construct,install,permit or allow any building,
structure, improvement, tree, or other object on said PARCEL,to extend into the Airspace, or to
constitute an obstruction to air navigation, or to obstruct or interfere with the use of the easement
and right-of-way herein granted; and
2. GRANTOR,its successors and assigns,will not hereafter use or permit the use of said PARCEL
in such a manner as to create electrical or electronic interference with radio communication or
radar operation between any installation upon the Florida Keys Marathon International Airport
and any aircraft.
E. The easement and right-of-way herein granted shall be deemed both appurtenant to and for the
direct benefit of that real property which now or hereinafter constitutes the Florida Keys Marathon
International Airport, and shall further be deemed in gross,being conveyed to the GRANTEE for
the benefit of the GRANTEE, and any and all members of the general public who may use said
easement or right-of-way,taking off from,landing upon, or operating such aircraft in or about the
Florida Keys Marathon International Airport, or in otherwise flying through said Airspace.
F. This grant of avigation easement shall not operate to deprive the GRANTOR, its successors or
assigns,of any rights that it may otherwise have from time to time against any individual or private
operator for negligent or unlawful operation of aircraft.
G. It is understood and agreed that these covenants and agreements run with the land and shall be
binding upon the heirs, representatives, administrators, executives, successors, and assigns of the
GRANTOR, and that for the purposes of this instrument, the PARCEL shall be the servient
easement and the Florida Keys Marathon International Airport shall be the dominant tenement.
H. The avigation easement, covenants and agreements described herein shall continue in effect
until the Florida Keys Marathon International Airport shall be abandoned or shall cease to be used
for public airport purpose, at which time it shall terminate.
i•.�.4at_WITNESS WHEROF,the parties have caused this easement agreement to be executed by their
It.. re : ive officer or representative thereunto duly authorized the day and year first written above.
c \ 6�''' ' �' BOARD OF COUNTY COMMISSIONERS
1 ( :KEVIN MADOCK, CLERK OF MONK s"CO FLORIDA
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State of FLORIDA By: is AloVINIF
County of MONROE As: anager
The foregoing instrument was acknowledged be , e me this -V day of Ci U vi
2019 by Luis Alonso, as Manager of GEM HOMES, LLC, a Florida limited liability company,
who 0 is personally known to me or ❑ who produced a 1 ,z I u g f_s LI ca cL- as
identification, regarding the attached instrument described as AN Avigation Easement and to
whose signature(s)this notarization applies.
SEAL
ERdC CASO - Notary public signature
MY Comm
EXPIRES February 4 FF9355•,5
ry 19,2020 /e(I G („ g/
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Notary Public printed name
E COU RNEY
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PEDR J.MERCADO
DateSISTA ATTORNEY qz0 c
Exhibit "A"
(Legal Description — Parcel ID 00101340-000000)
Page 1 of 2
;1
Doc 2069574 03/30/2016 3:40PM
• Filed&Recorded In Official Records of
MONROE COUNTY ANY HEAVILIN
Prepared by and return to: 03/30/2016 3:40PM
Thomas Wright DEED DOC STROP CL: MR $4,655.00
Attorney at Law
Law Offices of Thomas D.Wright Chartered
9711 Overseas Highway Doeq 2069574
Marathon,FL 33050 Bkp 2714' Pgp 179
305-743-8118
File Number: 16-075
Will Call No.:
[Space Above This Line For Recording Dalai___
Warranty Deed
This Warranty Deed made this 30th day of March,2016 between Theodore Dominic,Individually and as Trustee of
the International House Investment Group Land Trust whose post office address is 1075 75th Street Ocean East,
Marathon,FL 33050,grantor,and Gem Homes,LLC,a Florida limited liability company whose post office address is
9240 SW 72nd Street,Ste.108,Miami,FL 33173,grantee:
(Whenever used herein the t 'grantor"and"grantee"include all the parties to this instrument and the heirs,legal representatives,and assigns of
individuals,and the successors and assigns of corporations.trusts and trustees)
Witnesseth,that said grantor,for and in consideration of the sum of TEN AND NO/l00 DOLLARS($10.00)and other
good and valuable considerations to said grantor in hand paid by said grantee,the receipt whereof is hereby acknowledged,
has granted,bargained,and sold to the mid grantee,and grantee's heirs and assigns forever,the following described land,
situate,lying and being in Monroe County,Florida to-wit:
All that certain parcel of land situate in the County of Monroe,State of Florida,described as follows:
A TRACT OF LAND IN A PART OF Section 1 and Section 2,Township 66 South,Range 32 East,
Vaca Key,Monroe County, Florida and being that portion of those lands described in Official
Record Book 855,Page 1837 lying northerly of the centerline of an existing canal and being more
particularly described by metes and bounds description as follows:
•
Commencing at the intersection of the northwesterly right-of-way line of Old State Highway No,4-A
and the line dividing said Sections l and 2,bear North 67 degrees,51 minutes,00 seconds East along
said northwesterly right-of-way line for a distance of 26.99 feet to the West right-of-way line of
Aviation Boulevard;thence bear North along said West right-of-way line for a distance of 489.14 feet
to the northeast corner of that certain property as described in Official Record Book 855,Page 1837-
1839 to the POINT OF BEGINNING;thence bear South 71 degrees,54 minutes,00 seconds West
along said northerly line of those lands described in Official Record Book 855,Pages 1837-1839 a
distance of 266,85 feet to the interior corner of those lands described in Official Record Book 855,
Page 1837;thence bear North 18 degrees,06 minutes,00 seconds West,along the most northerly East
line of those lands described in Official Record Book 855,Page 1837-1839,for a distance of 101 feet,
more or less to an existing basin; thence meander the shoreline of said basin in a westerly and
southerly direction 437 feet,more or less,to a point,said point being North 18 degrees,06 minutes,
00 seconds West from the southeast corner of said basin a distance of 17.71 feet,said point also being
on the centerline of an existing canal projected southwesterly;from said point bear North 71 degrees,
56 minutes,45 seconds East along said centerline of said canal,for a distance of 97.78 feet to a point
which is 18.96 feet projected northeasterly along said canal from the point where said canal widens;
thence bear South 18 degrees,06 minutes, 00 seconds East for a distance of 10.06 feet to the
centerline of said wider portion of said canal;thence bear North 71 degrees,18 minutes,41 seconds
east along mid centerline of canal for a distance of 227.08 feet,to the easterly terminus of said canal;
thence continue bearing North 71 degrees,18 minutes,41 seconds East,along the projection of said
centerline for a distance of 20.68 feet to a point on the West right-of-way line of Aviation Boulevard;
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Page 2 of 2
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thence bear North along said West right-of-way line Aviation Boulevard for a distance of 184.34 feet
back to the Point of Beginning.
Parcel Identification Number:00101340-000000&00101340-000200
Grantor warrants that at the time of this conveyance,the subject property is not the Grantor's
homestead within the meaning set forth in the constitution of the state of Florida,nor is it contiguous
to or a part of homestead property.
Together with all the tenements,hereditaments and appurtenances thereto belonging or in anywise appertaining.
To Have and to Hold,the same in fee simple forever.
And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple;that the
grantor has good right and lawful authority to sell and convey said land;that the grantor hereby fully warrants the title to said
land and will defend the saute against the lawful claims of all persons whomsoever;and that mid land is free of all
encumbrances,except taxes accruing subsequent to December 31,2015.
In Witness Whereof.grantor has hereunto set grantor's hand and seal the day and year first above written.
Signed,sealed and delivered in our presence:
F
W n Na : 9 I 'L' • Theodore Dominic,Individually and as Trustee
•
'Witness Name:
•
State of Florida
County of Monroe
The foregoing instrument was acknowledged before me this Atilaay of March,2016 by Theodore Dominic as Trustee of the
International House Investment Group Land Trust,who L]is personally known or[X]has produced a driver's license as
identification. �/ `
/iP
Ithy-2)[rotary Seal] NPubl
`fp,p KATHRYN K HUNT , Printed Name:
P— °'� Notary Public•State of Florida
�0 •= Commission#FF 6111
1 P 1'' Expires May 2t,2011 My Commission Expires: •
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"4,RItV BoodedttuoughtiationaltlaryAssi.
•
•
MONROE COUNTY
Narranre Deed•Page 2 OFFICIAL RECORDS DoubtnTimes
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Exhibit "B"
(Legal Description — Parcel ID 00101340-000200)
Page 1 of 2
•
Doc 2069574 03/30/2016 3:40PM
Filed 8 Recorded in Official Records of
MONROE COUNTY RMY HEAVILIN
Prepared by and return to: 03/30/2016 3:40PD
Thomas D.Wright DEED DOC STROP CL: OR $4,655.00
Attorney at Law
Law Offices of Thomas D.Wright Chartered
9711 Overseas Highway Dock 2069574
Marathon,FL 33050 OkO 2789 PO 179
305-743-8118
File Number: 16-075
Will Call No.:
[Space Above Ibis Line For Recording Data]___
Warranty Deed
This Warranty Deed made this 30th day of March,2016 between Theodore Dominic,Individually and as Trustee of
the International House Investment Group Land Trust whose post office address is 1075 75th Street Ocean East,
Marathon,FL 33050,grantor,and Gem Homes,LLC,a Florida limited liability company whose post office address is
9240 SW 72nd Street,Ste.108,Miami,FL 33173,grantee:
(Whenever used herein the tarns'grantor"and'grantee"include all the parties to this instrument and the heirs,legal representatives.and assigns of
individuals.and the successors and assigns of corporations.trusts and trustees)
Witnesseth,that said grantor,for and in consideration of the sum of TEN AND NO/100 DOLLARS($10.00)and other
good and valuable considerations to said grantor in hand paid by said grantee,the receipt whereof is hereby acknowledged,
has granted,bargained,and sold to the said grantee,and grantee's heirs and assigns forever,the following described land,
situate,lying and being in Monroe County,Florida to-wit:
All that certain parcel of land situate in the County of Monroe,State of Florida,described as follows:
A TRACT OF LAND IN A PART OF Section 1 and Section 2,Township 66 South,Range 32 East,
Vaca Key,Monroe County, Florida and being that portion of those lands described in Official
Record Book 855,Page 1837 lying northerly of the centerline of an existing canal and being more
particularly described by metes and bounds description as follows:
Commencing at the intersection of the northwesterly right-of-way line of Old State Highway No,4-A
and the line dividing said Sections 1 and 2,bear North 67 degrees,51 minutes,00 seconds East along
said northwesterly right-of-way line for a distance of 26.99 feet to the West right-of-way line of
Aviation Boulevard;thence bear North along said West right-of-way line for a distance of 489.14 feet
to the northeast corner of that certain property as described in Official Record Book 855,Page 1837-
1839 to the POINT OF BEGINNING;thence bear South 71 degrees,54 minutes,00 seconds%Vest
along said northerly line of those lands described in Official Record Book 855,Pages 1837-1839 a
distance of 266.85 feet to the interior corner of those lands described in Official Record Book 855,
Page 1837;thence bear North 18 degrees,06 minutes,00 seconds West,along the most northerly East
line of those lands described in Official Record Book 855,Page 1837-1839,for a distance of 101 feet,
more or less to an existing basin; thence meander the shoreline of said basin in a westerly and
southerly direction 437 feet,more or less,to a point,said point being North 18 degrees,06 minutes,
00 seconds West from the southeast corner of said basin a distance of 17.71 feet,said point also being
on the centerline of an existing canal projected southwesterly;from said point bear North 71 degrees,
56 minutes,45 seconds East along said centerline of said canal,for a distance of 97.78 feet to a point
which is 18.96 feet projected northeasterly along said canal from the point where said canal widens;
thence bear South 18 degrees,06 minutes, 00 seconds East for a distance of 10.06 feel to the
centerline of said wider portion of said canal;thence bear North 71 degrees,18 minutes,41 seconds
east along said centerline of canal for a distance of 227.08 feet,to the easterly terminus of said canal;
thence continue bearing North 71 degrees,18 minutes,41 seconds East,along the projection of said
centerline for a distance of 20.68 feet to a point on the West right-of-way line of Aviation Boulevard;
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thence bear North along said West right-of-way line Aviation Boulevard for a distance of 184.34 feet
back to the Point of Beginning.
Parcel Identification Number:00101340-000000&00101340-000200
Grantor warrants that at the time of this conveyance,the subject property is not the Grantor's
homestead within the meaning set forth in the constitution of the state of Florida,nor is it contiguous
to or a part of homestead property.
Together with all the tenements,hereditaments and appurtenances thereto belonging or in anywise appertaining.
To Have and to Hold,the same in fee simple forever.
•
And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple;that the
grantor has good right and lawful authority to sell and convey said land;that the grantor hereby fully warrants the title to said
land and will defend the saute against the lawful claims of all persons whomsoever;and that said land is free of all
encumbrances,except taxes accruing subsequent to December 31,2015. •
In Witness Whereof,grantor has hereunto set grantor's hand and seal the day and year first above written.
Signed,sealed and delivered in our presence: .
011
W n Na : I Theodore Dominic,Individually and as Trustee
/Witness Name: S A
State of Florida
County of Monroe
•
The foregoing instrument was acknowledged before me this say of March,2016 by Theodore Dominic as Trustee of the
International House Investment Group Land Trust,who L]is personally known or[X]has produced a driver's license as
identification. /A . —
[Notary Seal] Not Publ
Pg o e( KATHRYN K HUNT Printed Name:
?0- ro; Notary Public•State of Florida
2, +� Commission N FF 6111
My Commission Expires:
•4;,,���a?My Comm.Elirea May 21.20U
'�',;°f^� BmCedtfrdighNatiaulNolayAssn.;
•
MONROE COUNTY
Nurran{r Deed•Page 2 OFFICIAL RECORDS DoubleTimee
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