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03/09/2004 Easement • D'oep 1532742 08/04/2005 9:57AM This instrument was prepared by: Filed &MONROE COUNTY d DANNY in 1Lla KOLHAGE of Heather P. Faubert, Asst.NIP Manager THC,Inc. 08/e4i2005 s:57AM 2180 Satellite Blvd., Suite 160 DEED DOC STAMP CL: FP $0.70 Duluth,GA 30097 Mien 1532742 Bkp 2138 Pgq 2313 AVIGATION EASEMENT Key West International Airport Noise Insulation Program THIS EASEMENT AGREEMENT is entered into this 9111 day of MARCH, 2004, by MARY FRANCES CARN, 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 51 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: 1620 JAMAICA 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 Doc 1532742 BIOS 2138 PO 2314 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 Doe! 1532742 Bk! 2138 Pg! 2315 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 By: ,� dti, 4241,0_A J 6/110-6,_° ayor 05.)\-1. .) "BOCC" /V) "HOMEOW " STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me this2!t day of AI ...., zu,o,by xis. M.Sr-ti.- as Mayor of the MonroeCounty Board of County Corn r io'ers, a body politic and corporate. Notary blic My Commission Expires: 'i%'•. PAMELA G.HANCOCK STATE OF FLORIDA °4 MY COMMISSION#DD 256075 COUNTY OF MONROE aEXPIRES:February 7,2008 ,p(,0 Bonded Thru Notary Public Underwriters The foregoing instrument was acknowledged befor me this day of M0.nCiVN , 9)y Ma,c•j Car-n . Homeowner Notary Pubic • ‘6L--;11. --- My Commission Expires: OFFICIAL NOTARY SEA CARRI C FREIJE NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO.DD032274 MY COMMISSION EXP. NE 7 005 Page 3 of 6 Doe$ 1532742 AVIGATION EASEMENT Bk$ 2138 POI 2316 MORTGAGEE CONSENT BB&T ("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 685, Page 510, Public Records of Monroe County, Florida. Mortgagee hereby consents to subjecting the Property to the terms and provisions of the foregoing easement. Witnesses: BB&T (Gl SjPC By: etAiA4t-. rA40r. Signatuij of Witness Angela S Sorgee As its: Asst. Vice President Print Name of Witness rR� gna ure of ifn ,xNe a P� p o Alice Boyd ¢ 04; D Print Name of Witness -4ary STATE OF SOUTH CAROLINA COUNTY OF GREENVILLE The foregoing.instrument was acknowledged before me this23rdday of March by Marcia I Prides Acct Vire, PrrcirtPnt of BB&T, 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. Signature of Notary Public Vickie Childs Print Name of Notary Public I am a Notary Public of the State of South Carolina My Commission Expires on July 22, 2007 - Page 4 of 6 Doers 1532742 AVIGATION EASEMENT Bkq 2138 POI 2317 w•' MORTGAGEE CONSENT 13,AN NATIONAL CITY ("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 685, Page 510, Public Records of Monroe County, Florida. Mortgagee hereby consents to subjecting the Property to the terms and provisions of the foregoing easement. - v/1 Witnesses: NATIONAL CITY MORTGAGE By:�jC�✓ / �.�rr'' . ' nature of ss w1Zz-ja,e-, �- �`rs/4EA � Q0,1/4,ed-tta.A.:Ye.vrec-- As its: V cc) S/dam► P i t Name of Witness Ceir(j,a Signat ' of Witness Print Name of.Witness STATE OF •re COUNTY OF BANI fK a 4 n� �J The foregoing instrument was acknowledged before me this'.L d y of /V►ardi , Z� Nil''' r�` ' as U1GE Pkt5/66Afr of NATIONAL CITY MORTGAGE, 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. , h -ter Wk- Signataf Wotary Public Jena, Pc- Print Name of Notary Public I am a Notary Public of the State of My Commission Expires on JENNIFER POST NOTARY PUBLIC,STATE OF OHIO Recorded in Cuyahoga County My Comm.LxpiresAug.3,:2008 _ - - Page 5 of 6 Doc 1532742 MONROE COUNTY vO Bka 2138 Pga 2318 OFFICIAL RECORDS °+-i 0 „Imp �y -- I - alp LEGEND Gulf of Mexico ' aim cb o, Compatible Land Uses Ill Airport ♦�, imam Commercial `% ♦, I Community Facilities : -�'� _? Mill Govemment/Military .;,,,;,ro-.....�:n"I'll I Multi Family Residential .10 -T.. non nunw ullumi nm�� f R utl11 II■III �111111111 W1111■11 IIIIIIIIII► V� I Parks/Recreational �� I 1, �iuuumm mmint mono Ituw,:•minim , Roads —1.11 s �.,;,,,al"`'`, �I I mil Iloilo mum rms. I tlnu . 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