07/20/2005 Easement Doc 1540708 09/12/2005 11:10AM
Filed & Recorded in Official Records of
MONROE COUNTY DANNY L. KOLMAGE This instrument was prepared by:
Heather P.Faubert,Asst.NIP Manager
09/12/2005 11:10AM THC,Inc.
DEED DOC STAMP CL: PW $0.70
2180 Satellite Blvd., Suite 160
Duluth,GA 30097
Doc 1540708
BkII 2150 POI 874
AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program
THIS EASEMENT AGREEMENT is entered into this jb day of A EAT., , 2005, by
ALFREDO MALAGON, 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 17 OR386-504/505 OR824-2044Q/C OR893-
1287 0R957-322 0R990-1270
also identified as street address: 1528 5TH 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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Doe 1540708
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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
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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
By: ee,e, //,7 4244,4)
"BOCC"
; �% o
"H MEOWNER' V
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this jL day of At_49 , by
P1-fie616 losO as
a `itRY+uy,,• GINA c.-ALFONSQ Ara
�'' o Notary Stateoa ° `
r ;� a tdryconvras�°°nt p zS3B2 N'otary Public
+� ''�: Commmiss{ Assn. x
': ;41- eona�eyNev°"e{N°+a" My Commission Expires:
STATE O .''•'IDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me thisVt,day of . al•S'by
A:x•4 M.Sp..i+at - as Mayor of the Monroe County Board of County Com is ioners, a body
politic and corporate.
,./L.
ary P lic
MyCo irs, i...c.i.e...-...c.,r6-.6.
i ..••a�a%. PAMEIA G.HANCOCK i
;r .; ' = MY COMMISSION#DD zaeUrS
't• SQL:.c EXPIRES:February 7,2008
. R:p BBondedThtu Notary Pubic Undeaders I
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AVIGATION EASEMENT Doea 1540108
Bka 2150 Pan B77
MORTGAGEE CONSENT
(1528 5th Street, Key West, FL 33040)
HIBERNIA ("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 990, Page 1270, Public Records of Monroe County, Florida.
Mortgagee hereby consents to subjecting the Property to the terms and provisions of the
foregoing easement.
Witnesses: HIBERNIA
a� �C B •
Signature of Witness G rald J. achne
Michael McCoy As its: Vice President
Print Name of Witness
OA:
Signature of Wit ss
Vicki Prejean
Print Name of Witness
STATE OF Louisiana
MINTY OF East Baton Rouge
Parish
The foregoing instrument was acknowledged before me this 4_day of November , 2004
byc raid Lachn@ V. P. of HIBERNIA, 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, gmbove-named person is personally, nown to me.
�e�tiP�gGNEX,yAYQ/�iii
`,?: ° • � %,%s Signature of No -ry Public
11
=fie
�11
v ry` Kathleen M. Schexnayder-ID 51953
.4.
=., S/ONED Print Name of Notary Public
I am a Notary Public of the State of Louisiana
My Commission Expires,g41 At Death
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