03/11/2004 Easement Docq 1532746 08/04/2005 9:57AM
Filed & Recorded in Official Records of
MONROE COUNTY DANNY L. KOLHAGE This instrument was prepared by:
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
Doc 1532746 Duluth,GA 30097
Bkp 2138 Pgp 2337
AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program
THIS EASEMENT AGREEMENT is entered into this 11TH day of MARCH, 2004, by
THOMAS F STARGAARD & PATRICK C. FREEMAN, 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 41 of SER DEB ESTATES, according to the Plat thereof as
recorded in Plat Book 5, Page (s) 87, of the Public Records of
Monroe County, Florida.
also identified as street address: 1528 4TH STREET
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).
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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
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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
an40,0,. By:
j4 *
"BOCC"
4.e...ei%
0/42/
yoo r • 4'&44 eh "HOMEOWNER"
C / EE/r�A�✓
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of 4 .. 210c by
Di X,c M.Sp€Ji . as Mayor of the Monroe County Board of County Com Y� i i ners, a body
politic and corporate. /
Nct3ary P blic
My Commission Expires:
�.
STATE OF FLORIDA =� MY PAMELA G.COMMISSION#�OCK
'' P.= EXPIRES'Feb ry 008
256075
ry
COUNTY OF MONROE "'�ini BondedNuN•otep Underwriters
The foregoing instrument was acknowledged before me this day of r `Iby
Homeowner
No ary Pu lic
My Commission Expires:
OFFI OTARY SEAL
CARRI C FREIME
NOTARY PUBLIC STATE OF FLORIDA
COMMISSION NO.DD032274
MY COMMISSION EXP. NE 7 5 ,4
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DoeIS 1532746
•
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AVIGATION EASEMENT
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 1192, Page 619, 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
4 By. 444(
ign ure o Wit ss /1�
ahs ( l/ d lvf
/Gcs-iGi[ c� As its: iCe
Print Name of Witness
/6/8/4Signature of i nes
behk-Ct- & SAephod,
Print Name of Witness
STATE OF (/G ='
COUNTY OF
The fore.oin: instrument was acknowledged before me this _a day of i/'�i ,a6o�
b a,i,/_ .A._ fits j/.. of BANK OF AMERICA, on behalf of the corporation.
AV:h- 's personally known to meor has produced as
i•entification and did not take an oath. If no type of identification is indicated,the above-
named person is personally known to me.
-Si ature of or ary Public
2C/Gl5/Uk2 - cJoyt eS
Prrnt Name of Notary Public
I am a Notary Public of the State of U�.� . -
My Commission Expires one41 3/a.666
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Decti 1532746
Bk# 2138 PO 2341
AVIGATION EASEMENT
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 1192, Page 619, 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
14.
ce
I/
Signature f Wit B
y�ss /
Assistandaoqaenne IVi./A Pesaro
,QD La As its:
Print ame of Witness
Signature of fi nes��
•
Covvozs-
Print Name of Witness
STATE OF AMw Or/<
COUNTY OF ir7
The fojV1 D ent was acknowledged before me this4day of -March,
by Assistant virOfikesident of BANK OF AMERICA, on behalf of the corporation.
He/She is personally known to me or has produced h/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 Signature of Notary Public
Notary Public,State of New York
Qualified in Niagara County Reg.No.01N15080387 . !�/r/2 ef) /uj'e the
My Commission Expires lo• I(o•07 Print Name of Notary Public
I am a Notary Public of the State of Alleio /atk . -
My Commission Expires on (,• I(i•Df
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Doe* 1532746 MONROE COUNTY
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