Loading...
03/10/2004 Easement { Doep 15Recor 08/04/2005. 9:57AM This instrument was prepared by: Filed & Recorded in Official Records of MONROE COUNTY DANNY L. KOLHAGE Heather P. Faubert, Asst.NIP Manager 08/04/2005 9:57AM THC,Inc. DEED DOC STAMP CL: FP $0 70 2180 Satellite Blvd., Suite 160 Duluth, GA 30097 Doc# 1532741 Bkii 2138 PO 2307 AVIGATION EASEMENT Key West International Airport Noise Insulation Program THIS EASEMENT AGREEMENT is entered into this 10' day of MARCH, 2004, by GEORGE W. & KIL NAM MAGOWAN, 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 62 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: 1623 VENETIAN 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 6 Docq 1532741 Bkq 2138 Pgp 2308 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 Page 2 of 6 • Doc! 1532741 • ' Bk! 2138 Pg! 2309 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 atlia)-- BOARD OF COUNTY COMMISSIONERS arr6e3,6_ C . By: Oc...e, /f�U ecA__.-__.. c .___:_-_,_, . "BOCC" Z/ idecn id- >ite "HOMEOWNER" Bewei•e W.H9J9 0 aw/9'1 STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me this 2&4 day o 2p or by D%x,c M.Seehw as Mayor of the Monroe County Board of Count Com 's io ers, a body politic and corporate. CA.," Notary ublic My Commission Expires: _ ��J py'• PAMELA G.HANCOCK STATE OF FLORIDA gx. f•,�F` ;,: MY COMMISSION#DD 256075 7�!.;:a EXPIRES:February 7,2008 COUNTY OF MONROE %i pt,:o`' Bonded Thru Notary Public Undenvnters The foregoing instrument was acknowledged before me thislO day of lftrOn 7.60`1 by 1coc c- to . M496 wO-n\ Homeowner . o„:_c --._-__:_, Notary Public My Commission Expires: OFFICIAL NOTARY SEAL CARRI C FREIJE NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO.DD032274 MY COMMISSION EXP.JUNE 7,2105 Page 3 of 6 Doc 1532741 AVIGATION EASEMENT BkN 2138 Pgn 2310 • MORTGAGEE CONSENT BANK OF AMERICA ("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 637, Page 190, Public Records of Monroe County, Florida. Mortgagee hereby consents to subjecting the Property to the terms and provisions of the foregoing easement. Witnesses: BANK OF AMERICA pinh AA,."Allett b, By: 11A!1;', it).. 1 • 7 Signature of Witness �' M.l )xi w n 11; P 1 e r As its: vice PreaIdent Print Name of Witness 441,0-J Signature o itnes �bory , Co v o 4 Print Name of Witness STATE OF McA4? OrK COUNTY OF erl The foregoing instrument was acknowledged before me this (5 day of Apr► , 2 o4 by Jacquelinet vM. aro of BANK OF AMERICA, on behalf of the corporation. He/ ie is persAtirknown to me or has produced r-)(a as identification and did not take an oath. If no type of identification is indicated, the above- named person is personally known to me. KRISTEN NIETHE NofaryPublic,StateofNewYork Signature of Notary Public Qualified in Niagara County Reg.No.01NI5080387 ;s f *Commission Expkea (9• I G•O 7 Print Name of Notary Public I am a Notary Public of the State of N ► (C- My Commission Expires on ( I (p -0 7 Page 4 of 6 Doett 1532741 AVIGATION,EASEMENT BIOS 2138 PO 2311 MORTGAGEE CONSENT BANK OF AMERICA ("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 637, Page 190, Public Records of Monroe County, Florida. Mortgagee hereby consents to subjecting the Property to the terms and provisions of the foregoing easement. Witnesses: BANK OF AMERICA Azuv>1 iy 7JJ By: ( tQ -.00 Qvivt/1111 Signature of Witness j PBtaro Shawn ki% 11 er As its: lbsistrall vm3 Padded - _ Print Name of Witness Akdimitk) gnature o itne v\a.. COrt.Oza. Print Name of Witness STATE OF /06") )/pry COUNTY OF merle- The foregqoinq instrument was acknowledged before me this 15 day of A ri I ,2-oo4 by Jac9JelineTVl. P�aro of BANK OF AMERICA, on behalf of the corporation. He/S a ispersornaiiy(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. _ KRISTEN N$ETHE "%'C/a �� 71-0491,9 Notary Public,Stateof New York Signature of Notary Public Qualified in Niagara County - Reg.No.01 NI5080387 11$1y Commission Expires • Ito • 07 1(f I Sf /U i6 e/ Print Name of Notary Public I am a Notary Public of the State of /1/4 \-7ork- My Commission Expires on b • f (p• 07 Page 5 of 6 MONROE COUNTY v: DocN 1532741 ©OFFICIAL RECORDS c4-1 Bk0 2138 PgN 2312 vD a) tt wiligLitti; _ • """-'c•-•`-... ,W7 !--'" cis LEGEND . , •Gulf of Mexico ,. I km Ao(b Compatible Land Uses ...,.. Commercial ---..,r, ,,iris l'., Government/Military .10 ...:,-,,,c:4:V.;:miiii 11ai lllll 1 - .W111 11111111111111111111 111111L, Ni2 r Multi Family Residential ..:----...iti iiiiiiii tumuli min milieu . voinaliii iiiiiiiiii mum iniii.,:.miliiiii --• I_ Parks/Recreational \ . , too• 1 iii 11111!imp iiiiiiiiiiiiiiiiiiloil/i.im 4,40K, --- ---iiir , II, Roads - — r Single Family Residential of .11/1/0 llllllll ,.,,t ts...,.r.tli • 11 , .00%.„..._ -114144 -----'5=M alliliP40 . II --I Mobile Homes AIL. ,Ei _l!!ii__: , _..,. .-410; --.:,.-. 1111[11EM A ir • Z Transient Lodging V'di i it Ili 11 lllllllll ILA0,la fo. m E ini i iiiimumwmalguniiiiiin .,-- 41111%tih* Undetermined 2-\st t*.s , . .lllll iiiii: iimmulimcm....,. ' -N, 10) *lel E all it sloe KO;At E., - rp Timm 1=1 Vacant IF IIIIIII IIIIV - ' Nak• vts.', ::%;7 i 1,1 is 0 isgolt,..%s . 11111111111111111111111111 , ,A e_ .W. l' ' Ali'''' F- I Mixed Use k44. J 1410" E VW"- 000#llll VI •••%%3 llllllllll •• E ein llllllllllll rime, • I Op ‘._ 1 IIII llllllllllllll num -• 111111111111111111111 L , re goo •c lllllllllll •••••%•••• •':. 401 0 - • •4,4tkoilli E IIIIIIMIIIMMII,' •, 1 0• a.Noncompatlble Land Uses oito• 001tio g 11111111111111111111111W i E 1111111111111111111111111. .1-- . os/ re 1 , i Community Facilities 0'.110 - mot 01.4111,,, •!.--,, - 0-uo- *woo- *- ,I 1111111111111111111111111 L it 11?0•0 ,....• ,....im Ca 4 ----% .0000u1,00, 0.0,- • . , lll..: I. iiin, L.L., -Timi am Mobile Homes • - •01:'‘‘‘:••WI‘. 1%%‘‘ \ ) rals•-•-..- I , Muttl-Family Residential s op 1111,A,..0000000 ,,,,i W,,•_-„,„14,,,.• , 0 . _ i i ›-0 00• 00%;IN '•A V i . \ 1 Las Salinas : Li,p I I Single Family Residential 's llllllllll / :-ral se< I z 1.1 Transient Lodging _. k'Condominiums ' ' • ce 0 lllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll 11. .,:o iteitt-pit _ir. lllllllll----tow ...)...--, ' ....- Lu lllllllll.,....§.." , .0.00. * _ 000 ,/• , ... 65.1 Day Night Level(MIL) On%%% %% ee -----40%%%% % ;11° I z _ 1 r- Contours(dB) 0%%%%%%%%%% %%% .y..• 461/11 0 ---•N %%% %% %%%%%%%%%%%%% 400°\.- ) B: \ Ocean ' '-1 10-, .10- %%%% %% ....1-.-..--..,,00- .---- - ,i .. ..,, We'. I ' 1, lOW•SO 0‘''''993,4%%%%% %009•illi%%% ler-19." .:1. An A..S.'• 0• ••%• %%%%%% 0°0%%% 0•%0Pr- \ AO .....‘•..•••••.„ eat me ( 104 flit - , -4.4 A •0 ••„A 00%%os„,.op, \-.0:.-....0.0:41\s, ---....,, , I - * ,- ,„ ,w, , . i z ( iiiMill. 1 70) 4 min. zP - \s•s%ss%\s•s•%%%%%%%%%.%.*:At_ .-'-e",_„„.. Ilio---el:11.,,. Wel""""-' . •••v. • ,,,,. • ..•$•• %%%%%% 0- --..--1, i ". ..,-••••\141A\Ta I \ : < < b.' Os e'••0•• totoo sot ....1, , Iliglal ,-, 2 1- A0 s so • ••. s •tag 1 i a_-41116__ ' \ 0 1 h•• ' ----2./r- 0\‘s %%%s\AO.,....•,,tostenk —jr.. . .— i _,_,_ 75 0 m=s v•-•:*.V41.;--44\_.: • „k ... •----- • C-- )( X__ )1 tkt,,, % () wow wome --, . ,,, - %.%.*&.•• 1 W: 1 1111, Iliki _Best-W igig. 65 ig o.1.-2 I oNs,w%.1. - • ._ Our Key Ambass• .Dr 2 = al g I>s„we•,4 gli ''‘.(‘I :410 ss'** •%•*‘, -Pk c c-10 ',- 1 woci , i , N PI 0 0 g• ‘.'s.,%•:.on* g1.- ...,--;--N -• -1111.0"--5. 0 z 0 Key Weser oi re, •%%W s • ,- . t 1 & 1„_„...------- Resort Inn WE '114%.0 S' Sheraton Key West by Smather's I 1000 0 Ocean s Lii co ce e 1000 2000 Feet Suites Beach the Sea Atlan IC o 1° I LI 18 5 _