02/21/2008 Easement
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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)
,. .. -..-.......-.-...-
Prepared By and Retum To'
Heather P. Faubert
NIP Coordinator
THe. Inc.
2905 ~'" Par\(way. Suite 325
0IlIulh. G!>. 30097
Doc. 1716340 10/21/2008 11,38AM
Filed & Recorded 1n Official Records of
MONROE COUNTY DANNY L. KOLHAGE
10/21/2008 11:38AM $070
DEED DOC STAMP CL: MARGO .
Doc. 1716340
AVIGATION EASEMEN1' Bk.23B5 Pt. 473
Key West International A~rt
Noise Insulation program (NIP) - Phase ti
THIS EASEMENT AGREEMENT is enteJed into thRP2 \ ~ay of v;:.\, ~vOJ...~ .
20 Dp., , by JEFFREY W. a MARLA K. ELU5, hereinafter refeJTecI to as e
Homeowner," in favor of the MONRDE COUNTY BOARD OF COUNTY
COMMISSIONERS, a body politic and corporate. hereinafter referred to as "BOCC."
RECITALS:
A. The Homeowner is \he fee simple titJeholder to certain real property ("the Property")
located in Monroe County, Florida, more particularly described as follows:
KW RIVIERA SHORES sUBDIVISION PS3-148 LOTS 31 & 32 BLK 4 OR329-
149/150 OR137-9~ ORB59-713 OR908-2047 OR999-2490(LG)
also identified as street address: 3104 RMERA DRIVE
B. The BOCC is the owner and operator of Key West tntemetional Airport ("the Airport").
C. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual
avigation easement, on teRnS as hereinafter set forth.
NOW THEREFORE, for and in t'.Onsideration of the sum ofTen Dollars and other valuable
consideratiOnS, the receipt and adequacy ofwhlch is hereby acknowledged by both parties,
the Homeowner and the BDCe 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 st the Airport. This easementoshall apply to all such aircraft activity at the Airport, with a maximum applic&ble noise
level tiS projedcd on the Year 2007 Noi"" Exp08UR> Map, lNItt-lout Progl'8m
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, \l\llthout Program Implementation).
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Doell 1716340
Skll 2385 Pell 474
2. This easement shall be petpetualln nature and shall bind and Nn with the title to the
Property and shall run to the benefit of the eocc 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 eocc, and any and all related parties of the SOCC,
including but not limited to BOCC members, officers. managers. agents, selVants,
employees and lessees. from any and aU claims. demands, damages. debts, IIab~ities.
costs, attorneys feetI or causes of action of every kind or nature for which the
Homeowner or its heirs. a&6igns, or successors currently have. haw 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 aircrafllanding 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 elCp9nses 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 a<:COrding 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 c:leemed severable from the remainder of this
Agreement and shaH in no way affect, impair or invalidate any other provtsion 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
vllllid to the extent of the &COpE! 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 ccntinues to operate fa.- standard airport flight purposes, and that any such
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Doea 1716340
Bka 23B~ Pia 47~
successor in Interest to the SOCC shall be entitled to all of the benefits running to the
BOCC hereunder.
8. If the maximum applleable noise level as projected on the Year 200.1Noise Exposure
Map, WIthout Program Implementation (see attached) is exceeded, then the BOCC 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:
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"HOMEOWNER"
STATE OF FLORIDA
COUNTY OF
TheJoreaoing instru~nt was acknowledged before me thls~ay of -F<;: f,fl. ~.
20R by ':J'e.:\-\-fl. L.. 'IS
owner(s)
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STATE OF FLORIDA
COUNTY OF MONROE
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res acknowledged before me this ~ I day of 0 cJ 0 bvc ,
i( to as Mayor of the Monroe County Board of County
Commlsslone~ . ~ d corporate.
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02l2S108
PHASING FOR THE NOISE
INSULATION PROGRAM
AND COMPATIBLE LAND USE
URS I
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KEY WEST
INTERNATIONAL AIRPORT
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