07/28/2009 Easement
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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:
Coca 1777045 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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AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program - Phase 6
THIS EASEMENT AGREEMENT is entered into this1.~ay of ~~ I
20~, by GREGORIO J. & MARIA A. BALMACEDA, hereinafter re rred to as lithe
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 (lithe Property")
located in Monroe County, Florida, more particularly described as follows:
KW RIVIERA SHORES SUBDIVISION PB3-148 LOT 9 & THE NW 6' OF LOT 26
BLK 3 OR223-231/232 OR809-1215 OR830-1249 OR998-662 ORI022-2485
OR1418-2241 OR1587-2031Q/C(LG)
also identified as street address: 2934 FLAGLER AVENUE
B. The SOCC is the owner and operator of Key West International Airport (lithe 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 SOCC, 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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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 BOee 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 BOee, and any and all related parties of the BOee,
including but not limited to BOee 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 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 soce shall be entitled to all of the benefits running to the
soce 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 soce 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.
E WNER"
~~'
....'HOME. - -N -fl"
~
Witnesses:
STATE OF FLORIDA
COUNTY OF MONROE
The foregoi
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Commissi ne
instr~_ment )('Ia~ ac~no)Vledged before me this ,L1tay of ./!,A, - I
fet J: vr It. as Mayor of the Monroe County Bo8rd of-tounty
.. a (j corporate.
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~* ~ ..:-nl:P. E~~ My Commission Expires:. ^
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STATE OF
COUNTY 0
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:~ 1IINlRH:L B.LeR
~ :1 MY COMMISSION' DD 801832
. . · l EX,PIRES: June 30. 2012
Bonded ThnJ Notary P&Mc UnderwrtIn
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Nota Public
My Commission Expires: ~tJ-~()IQJ--
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AVIGATION EASEMENT
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MORTGAGEE CONSENT
(2934 Flagler Avenue, Key West, FL 33040 I Loan #3017330733)
JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SUCCESSOR IN INTEREST TO
WASHINGTON MUTUAL BANK FKA WASHINGTON MUTUAL BANK, FA (" Mortgageefl),
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
2295Page 1572 Public Records of Monroe County, Florida. Mortgagee hereby consents to
subjecting the Property to the terms and provisions of the foregoing easement.
Witnesses:
JPMORGAN CHASE BANK, NA
SUCCESSOR IN INTEREST TO
WASHINGTON MUTUAL BANK, FKA
WASHINGTON MUTUAL BANK FA
By:
J~~
Patricia L Bulen --------.
Robvn Jones
Print Name of Witness
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Signature of Witness
As its: A VP
Lisa Cooke
Print Name of Witness
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AVIGATION EASEMENT
Loan# 3017330733
STATE OF South Carolina
COUNTY OF Florence
The foregoing instrument was acknowledged before me this 19 day of
February , 20 09 by Patricia L Bulen as A VP
of JPMorgan Chase Bank, NA successor in interest to Washington
Mutual Bank FKA Washington Mutual Bank FA, on behalf of the corporation. He/She is
personally known to me or has produced SCDL as identification and did not take an
oath. If no type of identification is indicated, the above-named person is personally known
to me.
Rose 8. 81aokwell
NOTARY PUBLIC
State of South Carolina
~~~~AP--.
Signature of Notary Public
Rose B Blackwell
Print Name of Notary Public
I am a Notary Public of the State of SC
My Commission Expires on 7-28-2018
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FIGURE
5.1
07/03/08
2013 FUTURE CONDITION KEY WEST
NOISE EXPOSURE MAP INTERNATIONAL AIRPORT
URS
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"'tONROE CCtUNTY
OFFICIAL RECORDS