The URL can be used to link to this page

03/09/2004 Easement Doc* 1532739 08/04/2005 9:57AM This instrument was prepared by: Filed & Recorded in Official Records of Heather P. Faubert, Asst.NIP Manager MONROE COUNTY DANNY L. KOLHAGE THC,Inc. 08/04/2005 9:57AM 2180 Satellite Blvd., Suite 160 DEED DOC STAMP CL: FP $0.70 Duluth,GA 30097 Doe* 1532739 Bk* 2138 Pg* 2296 AVIGATION EASEMENT Key West International Airport Noise Insulation Program THIS EASEMENT AGREEMENT is entered into this 9T" day of MARCH, 2004, by THOMAS E. &JANE Y. NITTI, 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: Lot 11 of AMENDED PLAT OF RIVIERA SHORES FIRST ADDITION, according to the Plat thereof as recorded in Plat Book- 5, Page (s) 88, of the Public Records of Monroe County, Florida. also identified as street address: 1621 BAHAMA 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 2003 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 2003 Noise Exposure Map, Without Program Implementation). Page 1 of 5 Doe! 1532739 Bk! 2138 Pg! 2297 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 BOCC 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 BOCC, and any and all related parties of the BOCC, including but not limited to. BOCC 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 any one 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 any one 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 Page2of5 v Docq 1532739 Bk# 2138 Pgti 2298 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: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS alityt.k. . By: Ø* )?,2 "BOCC" , fr--t._.,________-- .4-----4- /,,•i A/rn "H OWNER" Nit/ t STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me this ZgeAday ofrn aacf by t%x«M.SpJi as Mayor of the Monroe County Board of County Corn I i.1ers, a body politic and corporate. a-fra994.............7.4.... ary P blic • My ommission_Expires: ,,q{g eJ PAMELA G.HANCOCK STATE OF FLORIDA : :4 MY COMMISSION#DD256075 '.- � = EXPIRES:February 7,2008 COUNTY OF MONROE - ; ; Bonded Thru Notary Public Underwriters The foregoing instrument was acknowledged before me this CI day of Ac r'C{1 ,zco?by -7--4 0.44.id A/61.1"7 9 iji , Homeowner a,� (. y otary Public My Commission Expires: OFFICIAL NOTARY SEAL CARRI C FREIJE NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO.DD032274 MY COMMISSION EXP.NNE 7,2105 Page 3 of 5 Doe* 1532739 Bk* 2138 Pg* 2299 Loan #:0129803904 Consent to Noise Easement Wells Fargo Home Mortgage, Inc. a California Corporation ("Lienholder"), hereby consents to the grant of the foregoing Avigation Easement for the Key West International Airport by Thomas & Jane Nitti to Monroe County Board of County Commissioners (BOCC), and joins in the execution hereof solely as Lien holder and hereby does agree that in the event of the foreclosure of said mortgage, or other sale of said property described in said mortgage under judicial or non judicial proceedings, the same shall be sold subject to said Avigation Easement. SIGNED AND EXECUTED this ,2 7- day of 11 01-,P L , 2004. Wells Fargo Home Mortgage, Inc. By: 0///r/4 Lorna L. Slaughter Vice President Loan Documentation STATE of MARYLAND COUNTY of FREDERICK BEFORE ME, the undersigned authority, on this day personally appeared Lorna L. Slaughter, Vice President Loan Documentation, of Wells Home Mortgage, Inc., a California corporation, known to me to be the person and Officer whose name is subscribed to the foregoing instrument and who acknowledged to me.that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated, as the act and deed of the said corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS Lilay of //df2 G r/ , 2004. Notary Public • My commission expires: 3 D _ O D NANETTE S. FRANCELLA NOTARY PUBLIC STATE OF MARYLAND County of Frederick My Commission Expires March 1, 2007 Page 4 of 5 Deep 1532739 MONROE COUNTY 0 pgp 230 OFFICIAL RECORDS cv: Bids 2138 0 li aTere CX LEGEND 1 Gulf of Mexico-, w,/, t.., bnib. a Compatible Land Uses (� Airport `.< ��, -1114111 a oft I Commercial ,1,, �—^lam [-1 Community Facilities .m ununii i r I Govemment/Military ,. ...,,-ill oon .:hoot uuaua Mil. - mit Multi Family Residential • i'..•ea11 111111111 1111111111 W1111111 1111111116VI I I Parks/Recreational � .�2c•. ^ ""1111 1m11 11IIIny 1111111111 lal(llli;1111111111 I \ munikt IIi! II y Residential I us iniM esigi- 3.1n �� a-1 .- ..��,•:• / I '��,j ' Wall Lodging � ::�w��: ueum� ��,•�: �1, III:� cm I IIIII.1111115�nmminw �•,,�j�,,`I ( I Undetermined p i-�:: a��m ••-•i ��mm.mu 11111111111 I.• . WV -I = u•mu .• •�� au■dllla Illllllllllllllllll' III. ,I� � ,nu �� :i o .F imnwu ®%IIIIIIIIIIIII/� �j�. I/ Ell Vacant �4� °�V:�PIPit`�,��•;,9�. MI! •�.u.Itl� 1 ---� � .'_[ I Mixed Use ``.� •I 'v°• Old 0ll llllll\l' - 'nui n nnurn ii _ , ,, �♦ H 7-1 Water *. �, : n O,p•\l\\�� .O!i fl o ` I ♦ re *� ��\\\fi\\`��\��ra:�� _ iiiiiiiiiiiiiiiiiiiiiii! r ;♦1i O Noncom atlble Land Uses ' f s�� ‘\\ a p . �p•.�A .st_ ,,, umuuuuu timilimiornimin. 1 ,.. _ Community Facilities ce � ' \ 0 �01\ ♦♦or.040 ,00./ , 11uuuuuuuuum _ 111. 400 0 0 0 000� e _ 1111111111111111111111111 '11- W J Mobile Homes O tl>!�� \aka...• .��A�� e^ \ , Q (_ Multi Family Residential 0• �, \�a"� �\\\?�`•` .• ,-� I 1 Single FamilyResidential allllll 0. '�1 6, • ? Las Salinasill W Q lllll� Transient Lodging o,�%„��• .': -r,1%0%"% ••• ipi \ 'Condominiums rest Day Night Level(DNL) .0._%%%%%%, ! so%%%%% I!• t H Contours(dB) A,- 0% ,,�\:�,-0; `�•* ~� fi 2 �a��•.;;:•••• ,.•••: ouae� Ocean •`fI \I y „, . ipb, - p yewy%%% i• •% 0 ,o•"a \ f (...... Ao 3��`C,�� p,•PpJ,•', �U�pNNs.,` .. \\\.edl�:1�\i\` 1 ( \i OA) ' �1\ #.$ • gh r,1 ♦ -7 Key Ambass. .or— =Li. W ��. ♦ �� 0 rig rC<r : T•rC..VTri — op ♦'!♦ �� a. ,I• 1, titf��. ,- N oo Z 0 • ♦ * •.�.o �J Key Wester N o: ►0♦ it." \� Resort Inn w e . ` Key West by Cean s W ii Sheraton the Sea Smather's 11tIC 0 1000 0 1000 2000 Feet = N c F. Suites Beach A L.a ,� 2