07/13/2009 Easement
.
T.H.C:
Improving Your Community
January 15, 2010
02/3//0
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Mr. Danny L. Kolhage
Clerk of Court
500 Whitehead Street
Key West, FL 33040
RE: Key West International Airport's Noise Insulation Program - Phase 6
Recording of Avigation Easements
Sent via Deborah Murphy at URS Corporation
Dear Mr. Kolhage,
Enclosed are Avigation Easements for seven (7) participating properties in Phase 6 of the Key West NIP.
The detailed calculation of the cost below is based upon the $10.00 fee for recording the first page, the
$8.50 fee for each additional page(s) and the $0.70 fee for the document stamp.
69280 2907 Riviera Drive Switzer 5 $10.00 $34.00 $0.70 $44.70
69410 3023 Riviera Drive Manasco 5 $10.00 $34.00 $0.70 $44.70
69660 3112 Riviera Drive Brin Ie 6 $10.00 $42.50 $0.70 $53.20
69250 2906 FIa Ier Avenue Rose 6 $10.00 $42.50 $0.70 $53.20
69400 3019 Riviera Drive Rachmuth 6 $10.00 $42.50 $0.70 $53.20
Unit A & B
69610 3128 Riviera Drive Rutherford 6 $10.00 $42.50 $0.70 $53.20
69180 2934 FIa ler Avenue Balmaceda 6 $10.00 $42.50 $0.70 $53.20
Enclosed is a check in the amount of $355.40 which is the complete total to record the above seven (7)
Avigation Easements. Also included with each Avigation Easement is a "Return for Transfers of Interest
in Real Property" form. Once these Easements are recorded, please send them back to Deborah Murphy
Lagos at URS Corporation.
If you need any additional information or have any questions, please contact me at (800) 408-1112 Ext.
112 or by email athfaubert(ii)thcinc.net. Thank you.
Enclosure(s)
1755 North Brown Road
Phone 770.623.0520
Suite 125 Lawrenceville, GA 30043
Fax 770.495.2384 www.thcinc.net
Prepared By and Return To:
Doc~ 1777040 02/09/2010 10:34AM
Filed & Recorded in Official Records of
MONROE COUNTY DANNY L. KOLHAGE
Heather P. Faubert
NIP Coordinator
THC, Inc.
2905 Premiere Parkway, Suite 325
Duluth, GA 30097
02/09/2010 10:34AM
DEED DOC STAMP CL: TRINA
$0.70
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Skit 24~2 Pglt 609
AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program - Phase 6
THIS EASEMENT AGREEMENT is entered into this \~ay of ..::::5~
20~, by JOHN C. & CONNIE L. MANASCO, hereinafter referr to as "the
Homeowner," in favor of the MONROE COUNTY BOARD OF COUNTY
COi\llMISSIONERS, a body politic and corporate, hereinafter refeired to as "SOCC."
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:
KW RIVIERA SHORES SUBDIVISION PB3-148 THE SE'LY 100FT OF LOT 32 BLK
3 OR328-531/532 OR411-1094 OR1048-1976 ORl124-1483 OR1352-1632/3
OR2236-2063
also identified as street address: 3023 RIVIERA DRIVE
B. The BOCe is the owner and operator of Key West International Airport (lithe Airport").
e. It is the purpose of this Easement Agreement to grant to the BOee 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 ieceipt and adequacy of which is hereby acknowledged by both parties,
the Homeowner and the BOee 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 2013 Future Condition Noise Exposure Map, (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 2013 Future Noise Exposure Map).
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C10cll 1771'040
Bk~ 2452 Pg~ 610
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 soee 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 soee, and any and all related parties of the soee,
including but not limited to soee 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 anyone 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 anyone 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 soee, 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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C10ca 1777040
Bka 2452 Pg~ 611
successor in interest to the soee shall be entitled to all of the benefits running to the
Baee hereunder.
8. If the maximum applicable noise level as projected on the Year 2013 Future Condition
Noise Exposure Map (see attached), is exceeded, then the saee 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:
11
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By:
"HOMEOWNER"
STATE aF FLORIDA
COUNTY OF MONROE
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The foregoing inst~ument was acknowledged before me this q ~ day of r.e... b , I
20~ by So, v;. J. M v h \ as Mayor of the Monroe County Board of County
Commissioners, a body politic nd orporate.
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The foregoing instrument was acknowledged before me this 13-day of-:i)~
20~ by LOt.>-.'v) Q...., ~l -:fdAv\. MJt'\A-S( 0 . G"
Homeowner(s)
NOTARY PUBUC-STATE OF FLORIDA
........."..,"", Kenneth H. Schultz
a w ~ Commission # DD665907
-.~~~..! Expires: JUNE 08, 2011
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BONDI!) TRay ATbANTtC l}QN1}ING CO., INC.
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My Commission Expires:
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AVIGATION EASEMENT
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Bkl 2452 Pgl 612
MORTGAGEE CONSENT
(3023 Riviera Drive, Key West, FL 33040 I Loan #1844631 028)
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. .
. ("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 2235 ,Page ?OM ,Public
Records of Monroe County, Florida. Mortgagee hereby consents to subjecting the
Property to the terms and provisions of the foregoing easement.
Witnesses:
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By:
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MILLER
As its: VT~R PRRsrDRNT
STATE OF LA
COUNTY OF OUACHITA
The foregoinq instrument was acknowledged before me this ~ day of ianuarv. ,
200~ by Al\~~ \Q r as JJ\.0t ~lU~ Jll'\-\. ofMo~~...<c\.... tJe(.+-fOv\: L---
~~~;6\-<r'-'\.~bi', ~ 'f{)i (.O'\) Z\JL on behalf of the corporation. He/She IS personallv known to me or
has produced as identification and rod not take an oath. If no
type of identification is indicated, the above-named per. is persoflally nown to me.
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Signature of Notary Public
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Print Name of Notary Public
I am a Notary Public of the State of k ;'Sl4~
My Commission Expires on Iii- m lj dptl r.f.I...-.
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FIGURE
5.1 2013 FUTURE CONDITION KEY WEST
07/03/08 NOISE EXPOSURE MAP INTERNATIONAL AIRPORT '-. :' ..• -