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02/08/2008 Easement - T-H-C:: Improving Your Community November 26, 2008 Mr. Danny 1. Kolhage Clerk of Court 500 Whitehead Street Key West, FL 33040 V'j/o." ~~ ~ RE: Key West International Airport's Noise Insulation Program - Phase 6 Recording of Avigation Easements (2nd Batch) Sent via Deborah Murphy at URS Corporation Dear Mr. Kolhage, Enclosed are A vigation Easements for twenty six (26) 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 Ownerls) Pa..es Pa..e Fee Fee(s) Fee Parcel 69370 3007 Riviera Dr. Battv 4 $10.00 $25.50 $0.70 $36.20 69790 2938 Riviera Dr. Bumohv 4 $10.00 $25.50 $0.70 $36.20 69590 3130 Riviera Dr. Cox 4 $10.00 $25.50 $0.70 $36.20 70540 1609 Jamaica Dr. Peterson 4 $10.00 $25.50 $0.70 $36.20 69690 3100 Riviera Dr. Curry 4 $10.00 $25.50 $0.70 $36.20 69130 3018 Flagler Ave. pazo 4 $10.00 $25.50 $0.70 $36.20 69340 2931 Riviera Dr. Gwynn 4 $10.00 $25.50 $0.70 $36.20 69190 2930 Flagler Ave. Perez 4 $10.00 $25.50 $0.70 $36.20 69870 2900 Riviera Dr. Hall 4 $10.00 $25.50 $0.70 $36.20 69720 3052 Riviera Dr. B1azevic 4 $10.00 $25.50 $0.70 $36.20 69120 3022 Flagler Ave. Volpian 4 $10.00 $25.50 $0.70 $36.20 69100 3030 Flagler Ave. Perez 4 $10.00 $25.50 $0.70 $36.20 69490 3210 Riviera Dr. Blaesing 5 $10.00 $34.00 $0.70 $44.70 1913 Seidenberg 47290 Ave. (Units A & B) Perez 5 $10.00 $34.00 $0.70 $44.70 63930 1501 4ID St. Avendano 5 $10.00 $34.00 $0.70 $44.70 70520 1617 Jamaica Dr. WallaceNasquez 5 $10.00 $34.00 $0.70 $44.70 63680 1507 5ID St. Mullallv 5 $10.00 $34.00 $0.70 $44.70 69110 3026 Flagler Ave. Figueroa 5 $10.00 $34.00 $0.70 $44.70 1911 Staples Ave. SFP 46970 (Units A & B) Develooment 5 $10.00 $34.00 $0.70 $44.70 2905 Premiere Parkway Suite 325 Duluth, GA 30097 Phone 770.623.0520 Fax 770.495.2384 www.thcinc.net r i 69330 2927 Riviera Dr. Valdivieso 5 $10.00 $34.00 $0.70 $44.70 69360 300 I Riviera Dr. Cook 5 $10.00 $34.00 $0.70 $44.70 69630 3122 Riviera Dr. Gallagher 5 $10.00 $34.00 $0.70 $44.70 69290 2911 Riviera Dr. Peachev 5 $10.00 $34.00 $0.70 $44.70 69260 2900 Flagler Ave. Han~er 5 $10.00 $34.00 $0.70 $44.70 69830 2920 Riviera Dr. Moreno 6 $10.00 $42.50 $0.70 $53.20 69510 3206 Riviera Dr. Lockwood 6 $10.00 $42.50 $0.70 $53.20 Enclosed is a check in the amount of $1,077.20 which is the complete total to record the above twenty six (26) A vigation Easements. Also included with each A vigation 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 athfaubertlqlthcinc.net. Thank you. Heather P. Faubert NIP Coordinator Enclosure(s) Prepared By and Return To: Heather P. Faubert NIP Coordinator THC, Inc. 2905 Premiere Parkway, Suite 325 Duluth, GA 30097 Doc. 1727113 01/16/2009 11:e0AM ~O~R~~ ~OUNt;d bANO~WL~akGLHAG~S of Dod 1727113 Bk. 2396 Pg. 1391 AVIGATION EASEMENT Key West International Ai-port Noise Insulation Program (NIP) - Phase 6 THIS EASEMENT AGREEMENT is entered into this~day of - ~ , 20 OY5 ,by JAMES T. PETERSON, hereinafter referred to as "the Homeowner," in f vor of the MONROE COUNTY SOARD OF COUNTY COMMISSIONERS, a body politic and corporate, hereinafter referred 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 AMENDED PLAT OF RIVIERA SHORES-FIRST ADDN PB5-88 LOT 43 OR505- 592 ORI039-200 ORl166-1949 OR1501-1993/94 OR1754-1804 OR2199-1004 also identified as street address: 1609 JAMAICA DRIVE S. The SOCC 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 SOCC 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 SOCC 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 2001 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). --:p~ \ o-f4- Doell 1727113 Bkll 2396 Pill 1392 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 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, orthe 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~~ 2- ".p-4 Doell 1727113 Bkll 2396 PglI 1393 successor in interest to the BOCC shall be entitled to all of the benefits running to the BOCC hereunder. 8. If the maximum applicable noise level as projected on the Year 2003 Noise 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: By: / / /~~~L-f) , , ~ "H EOWNER" "HOMEOWNER" STATE OF FLORIDA COUNTY OF Thwegoing 'nstrument 20~ by C1J/YJeS mO Homeowner(s) e before me thisK-day of ~1V\'j :5 fl IN p3b2 4"58 &g 06Cf V STATE OF FLORIDA COUNTY OF MONROE The foregoin instrument w s ackno ledged before me this /~ IJday of ~, 20-.2!L by r: 1<. W ~ as Mayor of the Monroe County Bard of C nty Commission~~\. , iii Iiti nd corporate, ~~Q,.<(,.\" ....... I.i~~ ~ .t'"",'F,'::"\OSION;~',fS' ~ L.t Ar ~. ~ ""-= ..c~'- '2.8 2f'~~. ~ :: .. 0 ~ 'V,f)" ~.. ~ - .::.... ~ (l)e_ = :'" :*: Notary Public ~*: ..... : ~~ ~f,:' 100673056 .:~~ My Commission Expires: ~"",,~_"'~'<::J~ ~~4'.. 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