02/06/2008 Easements
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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)
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Prepared By and Return To:
Doc~ 1716338 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 STAMP C~: MARGO $0.70
Dod 1716338
AVIGATION EASEMENT 8k~ 23815 PI~ 463
Key West International Ai-port
Noise Insulation Program (NIP) - Phase 6
THIS EASEMENT AGREEMENT is entered into this ,,4l day of
20 DB , by GEORGE A. & EUNICE A. HAMMERTON, 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:
KW RIVIERA SHORES SUBDIVISION PB3-148 LOTS 37 & 38 BLK 4 OR254-263-
264
also identified as street address: 3056 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 ofTen 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 2007 Noise Exposure
Map, Without Program Implementation).
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Doell 1716338
Bkll 2385 Pill 464
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 SOCC 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 SOCC, and any and all related parties of the SOCC,
including but not limited to SOCC 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 SOCC, 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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Doell 1716338
Bkll 23B5 PglI 465
successor in interest to the SOCC shall be entitled to all of the benefits running to the
SOCC hereunder.
8. If the maximum applicable noise level as projected on the Year 200~Noise Exposure
Map, Without Program Implementation (see attached) is exceeded, then the SOCC 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.
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Witnesses:
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"HOME NER"
STATE OF FLORIDA
COUNTY OF
The1?going in trument was acknowledged before me this b day of fe1
20 V by 0 .
Homeowner( s)
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"HOM!OWNER" 1!"'.-r.. fb L
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STATE OF FLORIDA
COUNTY OF MONROE
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The f9Jegoing instr~me s ~.~~~Iedged before me this~ day of u..o~,
20~ by fna..J, 0 ~s Mayor of the Monroe County Soard of County
Commissioners, a b y ~ '. . rifprate.
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AVIGATION EASEMENT
Doell 1716338
Bkll 23Se PglI 466
MORTGAGEE CONSENT
(3056 Riviera Drive, Key West, FL 33040 / Loan #8014231123)
NAVY 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'tn*Official Records Book 2267 , Pa 882 ,Public
Records of Monroe County, Florida. Mortgagee hereby cons ts t subjecting the Property
to the terms and provisions of the foregoing easem I
*** RECORDED 01/23/2007 '
Witnesses:
ASST. VICE PRESIDENT
Si9r;1~:tift:ss
LDIS /fur
Print Name of Witness
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Signature of Witness
V,'c;f-U(','II G. -a()wet^s
Print Name of Witness
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STATE OF VIRGINIA
COUNTY OF PRINCE WILLIAM
The foregoing instrument was acknowledged before me this ~ day of JANUARY
20 08 by MARY E MCCREARY as ASST. VICE PRESIDENT of NAVY
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.
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Signature of Notary Public
JAMES D LEWIS
Print Name of Notary Public
I am a Notary Public of the State of VIRGINIA
My Commission Expires on ] 2/31/2009
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PHASING FOR THE NOISE
INSULATION PROGRAM
AND COMPATIBLE LAND USE
KEY WEST
INTERNATIONAL AIRPORT
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