07/20/2005 Easement Dock 1540717 09/112/2005 11:10AM This instrument was prepared-by:
Filed & Recorded in Official Records of pre P y:
MONROE COUNTY DANNY L. KOLHAGE Heather P. Faubert, Asst.NIP Manager
THC, Inc.
09/12/2005 11:10AM 2180 Satellite Blvd., Suite 160
DEED DOC STAMP CL: PW $0.70 Duluth, GA 30097
Dock 1540717
Bkk 2150 PgN 924
AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program
THIS EASEMENT AGREEMENT is entered into this ���day of ilAit 2005, by
PAUL S. MILLS, hereinafter referred to as "the Homeowner," in favor o 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 4 OR406-63/64 OR628-581/582
(UNRECORDED D/C ON FILE) OR994-1209 OR1069-1436 OR1073-484 OR1359-
302 0R1409-49-C 0R1409-55 (LG) 0R1752-312 (JMH)
also identified as street address: 1541 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).
Page 1 of 6
Doc 1540717
Bkq 2150 PO 925
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
Page 2 of 6
Doc$ 1540717
Bk$ 2150 POI 926
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
Q . By: /�/• LAAga,
ayor
merle 1 \crnandr-Z-
"BOCC"
"HOMEOWNER"f Y Lf3-6 6 S6 ergp
XP 11d
STATE OF FLORIDA 11 O 1
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this '+.day ofl . Z'tc by
Dixse H•Sty •vas Mayor of the Monroe County Board of County Commissioners, a body
politic and corporate.
otary ublic
MyCji�r . ;3� '
•r
r; • MYE COMMISSION#DD 256075
`'•%-°- EXPIRES Feb
STATE OF FLORIDA ARE;,, a anwri�,y U
derwriters
COUNTY OF MONROE
naThe foregoing instrument was acknowledged before me this I' day of� � _s by
t � m �
Homeo P KAREN v.MENDEZ kU4 •
�r�''" °��.Notary Public-State of Florida Notary Public
� %1 • YCam�lonEOesSeP30.20t33
9 -;} e:= Commission*DD 359045 My Commission Expires:
°;:,tg•• Bonded By National NotaIYAssn.
Page 3 of 6
Doci4 1540717
Bkq 2150 PO 927
AVIGATION EASEMENT
MORTGAGEE CONSENT
(1541 5th Street, Key West, FL 33040)
NOVASTAR MORTGAGE, INC. ("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 1752, Page 312, Public Records of Monroe
County, Florida. Mortgagee hereby consents to subjecting the Property to the terms and
provisions of the foregoing easement.
Witnesses: NOVASTAR MORTGAGE,
INC.
By:
Signature of Witness
SCOTT FORST,V.P.
As its:
Print Name of Witness
Signature of Witness
Print Name of Witness
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this/s day of,12/1/Z , 2005
byJ r7/4e,rr as 1/- P of NOVASTAR MORTGAGE, INC., 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.
MICHAEL JOSEPH KILDERRY
Notary Public-Notary Seal Sig ure f Notary P lic
State of Missouri
County of Jackson
M Commission Ex•.06/17/2007 / j4�� gr /eaLl
Print Name of Notary Public
I am a Notary Public of the State of/P/sfr'l'
My Commission Expires on - / 7 . 22 a
Page 4 of 6
• Doc, 1540717
Bkp 2150 PO 928
AVIGATION EASEMENT
MORTGAGEE CONSENT
(1541 5th Street, Key West, FL 33040)
KEYS FEDERAL CREDIT UNION ("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 1752, Page 312, Public Records of Monroe
County, Florida. Mortgagee hereby consents to subjecting the Property to the terms and
provisions of the foregoing easement.
Witnesses: KEYS FEDERAL CREDIT
UNION
10e
S gnature of itnes
110n11‘ at As its: ;(P i lO -�e►�UtC
rint Na a of n ss � ) U
Signs r of
5Ytt. Laral-FP
Print Na' e of Witness
STATE OF PLo :camel.
COUNTY OF '(1' i Yp-e.
The foregoing instrument was acknowledged before me this ay of Suk.14-4-- , 2005
by L,2.^Druo n as P YYl&i S(e-of KEYS FEDERAL CREDIT UNION, on behalf of
the corporation. He/She-1- peg — ally know)to me or has produced _ as identification
and did not take an oath. If no type of identification is indicate e above-named person
is personally known to me.
Signature of N ry Public
e �•, RONNI L BOLZ
it MY COMMISSION#DD 422248' ' EXPIRES:April 6,2007qiunni
� BendAdTHta Notary PublieUndetwrttere Print Name of Notary Public
I am a Notary Public of the State of t" lav\-a _
My Commission Expires on L-/C4242-Ob"-?
Page 5 of 6
Doc 1540717 MONROE COUNTY
Blot 2150 PO 929 OFFICIAL RECORDS 0
O
owe,
'`O
eu
bi
LEGEND / ���M • ~ w w� a
Gulf of Mexico •
Compatible Land Uses 11110
Commercial �, 1, - , — ■
Community Facilities , r, .,,.--
- Govemment/Military 41,1\\I
':,r4::.:fnn miiiilii ir Multi Family Residential ullll 111111111W1111111111111►Parks/Recreational \ 11 rani iunuu {Inmm wmuu nemm► NO
I 1►
_ ,.0`""1 ill 111111 I Iiu1ik 1111111111 inkil II mink
J \
( _ I Roads "a� 1 1 Tc' 9
.'■ v ■ w nu.. EMI
r Single Family Residential 111111111101111� ��01\���1\\°' ■ uum. omit,
�� ,.w.ur�a.e�� _- ��,�+� Reelkie
11111111,'�Ilr_
—� Mobile Homes �, 2".2_=
Transient Lodging -Tell♦�- ■: `ne,eu`gin, • =� ®® � Pri•Ar I��
■.::nup.0 Flo.% �1, Illi I IIII IIII�II■II:1 I •• •
gala
Undetermined ° ai :\j jj111lA
111111
"aeO� _ 0 1111111111■IIMIIII III II�""""""�IIIII A9 � •IMI Vacant ^�11 • ♦� a.p I •w:y -%0 % u �I unmmr 1 11111111IIAI ,�'���♦Ss,
�� ♦ u. 7.• .x��.• •. i5 1� III •► •., •i As
Mixed Use J a.. .�•• •P�����,��i II nmmnnmrrmru 1 It 11` _ .,
• •� `is . �p,�•.. gyp.,\�� umumnuuminim i \ „� !♦♦
Water �.. �A. '�� �• •p• ��, / uumuuuumunw ♦ re
�� •Q� \N\ p.'• c uumuuuuuulluu.•
Noncompatlble Land Uses ' •� •a�q ti muuuuowoumur ,�iLk
G • / �.\\U\\\\0\\�\\����-� E iiiiiiiiiiiitiiiiiiiiiii1.i , ce
b � Community Facilities �♦� \' \\\p\\� �N\��\1����.10" ��6• E_ riwmumuriinin. • , '
Ra Mobile Homes I \.�,,•\•.\\00�':`��k•. „�Q•. ( •
�� 'El umnmun auu _-- JIIIII W
C Multi-Family Residential l • �, k \��\00, \,!, •` `- .1• c pa"�
Single Family Residential 1•••• ossw a001��;•::i�`� • �' 3 O
g N oot ;.\a:;;;;; _ :..•, . Las Salinas1114 Y
IN Transient Lodging �•.•\\••�' ": •\��\\�.:�••••
��"•°• .. �i' ;\• ;\ 'Condominiums
cr
J Da Night Level(DNL) .v \••�.• •••••\ � W
i r Contours dB ........................ .' o*
? -' :`�P llv-U .lF • d ••...................000 c \ Ocean
„0„..%„,i0, „.......„. .,...„.„........,-,,,,,
..„..:„7-
1:,t,,';•)i(s
11, _
..,‘
• T ) 0 z
t31an.^,,s0..,••,'4'.-,1t`.\se,,4-:,,•,..is...,•i1,, ;..94 4.._.....
75 70 0 x
• 65 Wo •-
r, n5 0f.-.,-- „;!,..i i,s.h-i.l-l-i1-1--n0-k-...-,6 k6- ,
\Av gh rt{ 1` -- T=-7i:;;. ey ass• .D1* 3
�r� Key Wester N rg
:••: :
0.t# Resort Inn w E d
ote
� , Sheraton Kethe�Seahycean di
Suites Smather'smoers nt�C 1000 0 1000 2000 Feet m " c
F. Beach A'LI a _ _ im `Al
5