07/20/2005 Easement • Doc 1540713 09/12/2005 11:10AM _
Filed & Recorded in Official Records of This instrument was prepared by:
MONROE COUNTY DANNY L. KOLHAGE Heather P. Faubert,Asst.NIP Manager
THC, Inc.
• 09/12/2005 11:10AM 0 70 2180 Satellite Blvd., Suite 160
DEED DOC STAMP CL: PW
Duluth, GA 30097
Doc 1540713
Bkp 2150 PO 900
AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program
THIS EASEMENT AGREEMENT is entered into this day of 1(A/ , 2005, by
MASSAIUKI KUMAGAI, 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 32 0R370-1077/1078 0R908-109 0R951-949
0R1018-290C 0R1018-289 (LG) 0R1250-976/77 (JB) 0R1514-1583Q/C (CMS)
also identified as street address: 1515 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 6
Doe 1540713
Bkq 2150 Pgq 901
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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Doc 1540713
Bkp 2150 Pg1 902
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: ))7 42eArAl
yor
"BOCC"
0460.-etz 7A7C
ZUZANe1 /1l4-X/M0Y/ '"HOME WNER"
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this fit.day of hi•C• z+!t' by
D,xie 14.51p414....- as Mayor of the Monroe County Board of County Commissioners, a body
politic and corporate.
Notary Public
My ommicsi^n Pvpiri
i,�'
�'ssry: PAMELA G.HANCOCK
it •,. MY COMMISSION#DD 256075
STATE OF FLORIDA _ Imo,Notary Underwriters
78
NOWCOUNTY OF MONROE �` Bonded The foregoing instrument was acknowledged before me this 27 day of July , 05-by
Homeowner , ,1
Note Public
45;
1PRY P�
•••,�� CRYSTALLWHITE My Commission Expires:
* * MY COMMISSION#DD 324257
• 194 EXPIRES:June 11,2008
ireo F1.CF�� Bonded Thru Budget Notary Suvkes
Page 3 of 6
Dectl 1540713
Bktt 2150 Pgtt 903 Loan#: 708-0036490084
Consent of Lienholder
Wells Fargo Bank, National Association, successor by merger to Wells Fargo Home
Mortgage, Inc., ("Lienholder"), hereby consents to the grant of the foregoing Avigation
Easement for the Key West International Airport by Massaiuki Kumagai to Monroe
County Board of County Commissioners (BOCC), and, joins in the execution hereof
solely as Lienholder and hereby does agree that in the event of the foreclosure of said
mortgage, or other sale of said property described in said mortgage under judicial or non-
judicial proceedings, the same shall be sold subject to said Avigation Easement.
SIGNED AND EXECUTED this day of g i 6 e R , 2004.
Wells Fargo Bank,N.A.
By: ����;/14 �S
Lorna L. Slaughter
Vice President
STATE of MARYLAND
COUNTY of FREDERICK
BEFORE ME, the undersigned authority, on this day personally appeared Lorna L.
Slaughter, Vice President, of Wells Fargo Bank, N.A., known to me to be the person and
Officer whose name is subscribed to the foregoing instrument and who acknowledged to
me that she executed the same for the purposes and consideration therein expressed, in
the capacity therein stated, as the act and deed of said Bank.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS day of
2004. rlp
Notary Public
My commission expires: 3 — Ol— G 01
NANETTE S. FRANCELLA
NOTARY PUBLIC STATE OF MARYLAND
County of Frederick
My Commission Expires March 1, 2007
Page 4 of 6
DocN 1540713
AVIGATION EASEMENT Bkp 2150 PO 904
MORTGAGEE CONSENT
(1515 4th Street, Key West, FL 33040)
ORION 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 1250, Page 976, Public Records of Monroe County, Florida.
Mortgagee hereby consents to subjecting the Property to the terms and provisions of the
foregoing easement.
Witnesses: ORION BANK
)6 LaL, BK
Signature of Witness
/( Ked BALD As its: /e /9U S.
Print Name of Witness
AP/1 that
S ature of Witness
3(i1q,/,Jc 36 gkl-loc_T •_
Pri Name of Witness
STATE OF
COUNTY OF
Thee�regoin instrument was ac nowledged before me this day of Qc 2004
by(> s cam_O./?.eo• of ORION BANK, on behalf of the corporation.
FIrlaDbers P ally known to m�gr has produced as identification and did not take
an oa . If no type of identification is indicated, the above-named person is personally
known to me.
Sig ature of Notary Public
01'P,', Stephan• L Burgin
�" boa# o � l_,Bu'i6
:� an& Tun Print ame of NotaryPublic
Bonding Ca,Alm
I am a Notary Public of the State of ;CD ,D'T
My Commission Expires on ,(1 ,t.
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