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01/24/2008 Easement ,~ . T.H.C: Improving Your Community 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 A vigation Easements for twenty seven (27) 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. Additional Doc. Parcel No. of First Page Stamp Total per No. Address Owner(sl Pages Pal!e Fee Fee(s) Fee Parcel 69860 2904 Riviera Dr. Gygi 4 $10.00 $25.50 $0.70 $36.20 69740 3044 Riviera Dr. Galvan 4 $10.00 $25.50 $0.70 $36.20 69700 3060 Riviera Dr. Grosscup/Levis 4 $10.00 $25.50 $0.70 $36.20 69620 3124 Riviera Dr. Recher 4 $10.00 $25.50 $0.70 $36.20 69730 3048 Riviera Dr. Gallagher 4 $10.00 $25.50 $0.70 $36.20 69670 3108 Riviera Dr. Montague 4 $10.00 $25.50 $0.70 $36.20 69270 2901 Riviera Dr. Stewart 4 $10.00 $25.50 $0.70 $36.20 69300 2915 Riviera Dr. Schilling 6 $10.00 $42.50 $0.70 $53.20 69780 2944 Riviera Dr. Saylor 4 $10.00 $25.50 $0.70 $36.20 69200 2926 Flagler Ave. Varela 4 $10.00 $25.50 $0.70 $36.20 69650 3116 Riviera Dr. Pekarik/Romain 5 $10.00 $34.00 $0.70 $44.70 69470 3218 Riviera Dr. Leach 5 $10.00 $34.00 $0.70 $44.70 69230 2914 Flagler Ave. Fraga 5 $10.00 $34.00 $0.70 $44.70 3006 Flagler Ave. 69160 (Duplex) Huthmacher 6 $10.00 $42.50 $0.70 $53.20 69850 2908 Riviera Dr. Buchholz 6 $10.00 $42.50 $0.70 $53.20 69800 2934 Riviera Dr. Yongue 5 $10.00 $34.00 $0.70 $44.70 69380 3011 Riviera Dr. Parker 4 $10.00 $25.50 $0.70 $36.20 69420 3027 Riviera Dr. Wilson 5 $10.00 $34.00 $0.70 $44.70 69430 3029 Riviera Dr. Alldatrer 4 $10.00 $25.50 $0.70 $36.20 2905 Premiere Parkway Suite 325 Duluth, GA 30097 Phone 770.623.0520 Fax 770.495.2384 www.rhcinc.net 69760 3034 Riviera Dr. Gordon 5 $10.00 $34.00 $0.70 $44.70 Key West 69350 2933 Riviera Dr. Church of God 4 $10.00 $25.50 $0.70 $36.20 69770 3030 Riviera Dr. Scott 5 $10.00 $34.00 $0.70 $44.70 69710 3056 Riviera Dr. Hammerton 5 $10.00 $34.00 $0.70 $44.70 63600 1551 5u, Street Wong 5 $10.00 $34.00 $0.70 $44.70 69680 3104 Riviera Dr. Ellis 4 $10.00 $25.50 $0.70 $36.20 70890 2829 Venetian Dr. TanpCheung 4 $10.00 $25.50 $0.70 $36.20 69750 3038 Riviera Dr. Wardrope 5 $10.00 $34.00 $0.70 $44.70 Enclosed is a check in the amount of $1,1 I3.40 which is the complete total to record the above twenty seven (27) A vigation Easements. Also included with each A vigation Easement is a "Return for Transfers of Interest in Real Property" form. <3nce 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@thcinc.net. Thank you. Sincerely, Heather P. Faubert NIP Coordinator Enclosure( s) ,. .. -..-.......-.-...- Prepared By and Return To: Doc~ 1716323 10/21/2008 11:38AM 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 10/21/2008 11:38AM DEED DOC STRMP CL: MRRGD $0.70 Doc~ 1716323 Bk~ 238~ PI~ 390 AVIGATION EASEMENT Key West International Airport Noise Insulation Program (NIP) - Phase 6 THI~~SEMENT AGREEMENT is entered into thi~4"day of , 20~, by REBECCA SCHILLING, hereinafter referred to as' e Homeo ner," in favor af the MONROE COUNTY BOARD OF COUNTY COMMISSI NERS, 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: KW RIVIERA SHORES SUBDIVISION PB3-148 THE SELY 100 FT OF LOT21 BLK 3 OR134-411/412 OR615-669 OR627-228 OR782-759 OR825-1020/1022 OR825-2355/2357 OR846-2413 (U/R D/C ON FILE-CAW) also identified as street address: 2915 RIVIERA 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 2007" 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 2001 Noise Exposure Map, Without Program Implementation). ~ \ o~C;; _._-_.~._..~..._...-. Dac:ll 1716323 Ska 23se Pga 391 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 sacc 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 sacc, and any and all related parties of the sacc, including but not limited to sacc 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 ofthis 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 sacc, 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 P~~C1rG Doell 1716323 Bkll 238e PSII 392 successor in interest to the BOee shall be entitled to all of the benefits running to the BOee hereunder. 8. If the maximum applicable noise level as projected on the Year 200'T!\Joise Exposure Map, Without Program Implementation (see attached) is exceeded, then the BOeC 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: "HOMEOWNER" STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this 2ttday of 20--dS- by . Homeowner(s) ...........................................! ! _~ ComrNI:CC042U11 ~ : i!'11 EXpires 5I8l2OO8 : : -:l 7.8. Bonded thru (800)432-4254: : L'''OF~1t"'.J : . ",,,,,rJ' Florld"l NotaryAs!In.,lnc . I............................................~ STATE OF FLORIDA COUNTY OF MONROE The ~regoiQ.9 inst~ument was acknowl:li~li}l{,9,..~efore me this~ I st day of O~ , 20~ by r nM I 0 Qi..(:reN'\.a. 1\\~ro.'!~~~~Of the Monroe County Board of County Commissioners, a body politic a~~ lOi8t~~<5" ~"'...,SJ""26.~O,~..~':Oo.kL ~ :: '..~~' ? tft~ ::: It ;: : . L!.. =*" ..- . %,t,\ #DD67~~::PUbliC ~}?;~~"'~ . ~mmission Expires: ~rp(l,"""":.c. ~ I"/III<,'8lfCi Sip.;~~\",~ ''''If ""... PACtt ?J cR 9- -_."._-,,-_.,_...",..._,"._.....~, AVIGATION EASEMENT Doell 1716323 Bk~ 238S p.~ 393 MORTGAGEE CONSENT (2915 Riviera Drive, Key West, FL 33040 / Loan #0039025796) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS) as Nominee for Lehman Brothers Bank FSB, a Federal Savings Bank ("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 Page , Public Records of Monroe County, Florida. Mortgagee hereby consents to subjecting the Property to the terms and provisions of the foregoing easement. Witnesses: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC ( . ERS) as Nomine for Lehman Brothe s Blank FSB ~.~~~ Signat ~of Witness & i!:/'s?Q.F?VeR. I r~- Print Name of Witness ~~~~ 'Signature of Witness . /~'/-~ /S,,;9d:.e Print Name of Witness By: As its: f)//lb Pb--.s~ ~,,\\I\lInr""II',,1. ~,\\ ~tG/srp!,~ ~~':\~~'?Ob'.:~,:!ijq,~ "Iff<,," ',",'~oo'l-~ ~'-i.'1.F "'!l:~ f!ji SE~l \~, ~~\ 1995 ~~ "'do -<./,..! '%~~'f!ft.A""'f>.!;;:~$' ~vlt........ 1S" ~/I. * ~~ '""IIIUlllll\\I\\~ STATE OF (],UJ~(,) COUNTY OF Dou,",lAS The foregoing instrument was acknowledged before me this ~ day of ~v~Otdl 2007 by DAJ/.JtS ~cCcA as Vice m-s/~t:'7\Ir of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS) as Nominee for Lehman Brothers Bank FSB, a Federal Savings Bank 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 indica ,he above-n med person is personally known to me. S 0 ary Public CARRIE BLACK 1(11? iI2i Ii , Notary Public , 1...- l/iu.- State of Colorado Print Name of Notary Public My Commission Expires November 28. 2009 () -1 \ IIV/ A _ I am a Notary Public of the State of ~V v.;.,IL::LlV My Commission Expires on \ Ie 11 1f\ p~ 4&G AVIGATION EASEMENT Doca 1716323 Bka 23Se Pia 394 MORTGAGEE CONSENT (2915 Riviera Drive, Key West, FL 33040 / Loan #0039025671) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS) as Nominee for Lehman Brothers Bank FSB, a Federal Savings Bank ("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 Page , Public Records of Monroe County, Florida. Mortgagee hereby consents to subjecting the Property to the terms and provisions of the foregoing easement. Witnesses: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (M ) as Nominee f r Lehman Brothers B k SB ~b~ Signa e of Witness &.et'.s:.mp...v~ / ~- Print Name of Witness ~/ ;i?~ LSignature of Witnes A:.A ,tt;/dd~ Print Name of Witness By: As its: Vlr.k hA:r/':::>6!;;r/T STATE OF r:;,GoZ"~ COUNTY OF Ut<ht.A5 The foregoing instrument was acknowledged before me this 111 day of ~/)t3/rIlJr8,e 20~ 7 by Dav/~- /Y15c.cA as of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS) as Nominee for Lehman Brothers Bank FSB, a Federal Savings Bank 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 indicate h above- d person is per 0 e. I ~1Il~ ACREGISTI/i. l1t1f,i'PI;jR.4~ ~!#i sm i~ i~\ 1995 !fe. s,~' '""1 \"d;"{!f1.AW'lf."I:~ ~;:?"",....... -~.."f. "I//;;r * #' ~IIJlU\lIlI\\\\\\' CMRIE BLACK Notory Public ~Jdte of Colorado Si na of Not ry Public ~lmf,%1tW-- Pn t Nare of Notary Public I am a Notary Public of the State of rJl~ My Commission Expires on -----tt-- Zf 'rl1 ,,~'n-i:~'-:'OIOn ~~ NO\.'eITlber 28, 2009 ~~ 50r G G~-.........t-~lo.1,P!-.glol'IIIoNoj_I_~""'~I.I"'Uoo,IIIIl\l".lD2MllII ~ ] I ~ i 10111111 ~ tlI i: I\) "T1 Z :T1 " " " " " ,,~ ~g~m 2~$l'I'I'ffi 3.!!. 1:" 0 ~ s: III lC III s: c: a:) o. ~ iiI ~ J .. Ul """ C>.l I\) .... lU "TI :J i: i.li Q. ~ a. g. g " 0 i. III " ::I 18~ ~H ~ ~ ~ " m .8 i' ~ ." iO Ii I"" m Gl m z c ~ . ~ I IDIDIIIIIIIII~ HBiHUPBfl ~~~ "~Z<=~5~ ID < 5.:O~ il'-..~!<r~. <; &li~ q-;;~ ~~- 5- ~ "':0 im ifO. C CI> z a~. o.~ ~~ &l ..! '. - ~ et: ii: PHASING FOR THE NOISE INSULA liON PROGRAM AND COMPA liSLE LAND USE KEY WEST I URS INTERNATIONAL AIRPORT ~G~{;;; ...0 "'0 IOn 10 ", ...... 01.... lJI... '" ... ....", ..... 10 ... ... lJI 0:0: "110 "1IZ "':v (')0 ;;"' I""n :vO ~i 0'" :v-< o '"