07/20/2005 Easement This instrument was prepared by:
Docp 1540704 09/12/2005 11:10AM Heather P. Faubert,Asst.NIP Manager
Filed 8 Recorded in Official Records of
MONROE COUNTY DANNY L. KOLNAGE THC, Inc.
2180 Satellite Blvd., Suite 160
.0S/12/2005 11:10AM =------____ _ _ Duluth, GA 30097
DEED DOC STAMP CL: PW $0.70 Docq 1540704
Bkq 2150 PO 854
AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program
THIS EASEMENT AGREEMENT is entered into this _ day of M2005, by
CHRIS MCGHEE, 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:
KW SER—DEB ESTATES PB5-87 LOT 34 0R445-1032 0R1718-624 (LG)
also identified as street address: 1507 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).
"Page 1 of-5-
• Doc 1540704
Bkp 2150 Pga 855
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
Page 2 of 5
Deck 1540704
Bkq 2150 Pgq 856
Airport continues to operate for standard airport flight purposes, and that any such
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
'Vale
"BOCC"
&nib TYk
• "HOMEOWNER"
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me thisgd• day of • 2.0;24- by
0 x 1.4 M.SPi&a as Mayor of the Monroe County Board of County Commissioners,a body
politic and corporate.
o ary Public
My
PAME .HANCK
MY COMMISSION# 256075STATE OF FLORIDA EXPIRES:February 2008Bonded ihru Notary Publicden riters
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this 6 day of1'1\.e - , by
�b►ri s ACCoeti.ee_ .
Homeowner
Notary Public
My Commission Expires: ,�_a7_dS—
—Page 3 of-5—
Doc 1540704
AVIGATION EASEMENT Bkta 2150 POI 857
MORTGAGEE CONSENT
(1507 4th Street, Key West, FL 33040)
FIRST STATE BANK("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 1718, Page 0624, Public Records of Monroe County,
Florida. Mortgagee hereby consents to subjecting the Property to the terms and provisions
of the foregoing easement.
Witnesses: T STATE BANK
By:
Signati re o' Witness C'fAti e
M ri r3 t=t- 1n s �y c As its: a_e /lea
Print Name of Witness
hivuLu
Signature of Witness
TtroL / S
Print Name of Witness
STATE OF clop,-c_DA
COUNTY OF Viot,RDE
Th foregoing i strument as acknowledged before me this?T'�day of 4/4/6 / , 200S
by��OS'Ti NE (ARK as fic �t cst..DEtJ i of FIRST STATE BANK, on behalf of the
corporation. He/She is persona y known to me or has produced as identification
and did not take an oath. If no type of identification is indicated, th ove-named person
is personally known to me.
Ljge
Si(nature of otary
A7-(izA
%. avieb
Print Name of Notary Public
,4µ,',,,� ESTHERA.GUIEB'
i4�;=.n osary Public-State of Florida I am a Notary Public of the State of A-\o'RZ-O R
tycon rislon6**esAix10.2OOB
Commission*DD.300984 ► My Commission Expires on .� R:k 1 \O 12CO2
• 1.' `e••�° Bonded By National NotaryAssn. ► P
—Page4of5_
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