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07/20/2005 Easement Doc 1540718 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. DE2000S 11:10AM 2180 Satellite Blvd., Suite 160 DEEDED DOC STAMP CL:L; PW $0.70 Duluth, GA 30097 Doctt 1540718 Bkp 2150 PO 930 1VIGATION EASEMENT Key West International Airport Noise Insulation Program THIS EASEMENT AGREEMENT is entered into this \ekay of Ski"1 , 2005, by GREGORY ARTMAN, 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 3 OR530-190 OR821-2102 OR881-520 0R917-1792 OR1896-2491 (SG) also identified as street address: 1547 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 Dock 1540718 _ _ — Skk 2150 Pgk 931 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* 1540718 Bk* 2150 POI 932 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: ié "BOCC" 4 , (1477i& id - "HOMEOWNER" STATE OF LORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me thisq. .day of . Z`os- by - DIXi4 f,s ..6.-as Mayor of the Monroe County Board of County Com issioners, a body politic and corporate. r Notary Public r y�+�",,•,,�� PAMEIA G.HANCOCK My Commission E:-.pr- MY COMMISSION#DD256075 Il-r''::-. : EXPIRES:February 7,2008 ordiTA°� Bonded Thru Notary PubNc Underwdtere STATE OF FLORIDA COUNTY OF MONROE T foregoing i tru ent was acknowledged before m ' • da •f a,1/_ , by H9 ner . // ' IriA4'ifL--/A‘' • ryP blic _ mission Expires:- - 4��'R'9'n'�io TAMARA PETECK SNIDER 4\Nofary Public-State of Florida �� '2MiCa rnkstnEq esoec2Q2003 �i ':�+ ��' Commission#DD 368305 ,4 Yr:'�at;�� Bold BY National Notar y Page 3 of 6 Doc 1540718 Bkp 2150 Pgp 933 AVIGATION EASEMENT MORTGAGEE CONSENT (1547 5t' Street, Key West, FL 33040) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, 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 1896, Page 2491, Public Records of Monroe County, Florida. Mortgagee hereby consents to subjecting the Property to the terms and provisions of the foregoing easement. Witnesses: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. / B Si at of ness Terri Stallings aul Macmillan As its: Vice President 'nt Na ► - •f W' ness 14( Sig110 ire of ''ness James Jackson Print Name of Witness STATE OF CALIFORNIA COUNTY OF VENTURA The foregoing instrument was acknowledged before me this day of J UAL , 2005 by Terri Stallings 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. 6.& AliSi nature of N, to Public ' Commission# 1416023ralh"gk'464646414"1"646146dIALEXISLANTAN Z g ry i "Nt's— Notary Public —California,e" Alexis Lantan 4- �ni Ventura County '-'!T LM0mreSM0Y52t7Print Name of Notary Public I am a Notary Public of the State of California My Commission Expires on May 5, 2007 Page 4 of 6 Doc111540718 AVIGATION EASEMENT BkN 2150 PgN 934 MORTGAGEE CONSENT (1547 5th Street, Key West, FL 33040) COUNTRYWIDE HOME LOANS, 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 1896, Page 2491, Public Records of Monroe County, Florida. Mortgagee hereby consents to subjecting the Property to the terms and provisions of the foregoing easement. Witnesses: COUNTRYWIDE HOME LOANS, INC. By: Sig tur f itne Terri Stallings Pau acmillan As its: Vice President P • t N of fitness ture Witness James Jackson Print Name of Witness STATE OF CALIFORNIA COUNTY OF VENTURA The foregoing instrument was acknowledged before me this g day of J UAL , 2005 by Terri Stallings 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. rel'd‘:411' AL is iS Ln# 141 Signature of Not ry Public Commission# 1416023 r Notary Public —California; ' ,. b Ventura County Alexis Lantan My Comm.ExpiresMay52007 .° Print Name of Notary Public I am a Notary Public of the State of California My Commission Expires on May 5, 2007 Page 5 of 6 DoeN 1540718 MONROE COUNTY 44-1 Bkp 2150 Pgtt 935 OFFICIAL RECORDS o vo a4 �i wriritiii.w. • ,vv V .� aLEGEND Gulf of Mexico Compatible Land Uses �1�1 OM Airport ��, il I Commercial .. ,1 \ sisal I I Community Facilities .•- � ` AinsLI GovemmenUMilitary .' fluor uuuuu nunnu nuu� r 1 Multi Family Residential ✓:.rrrai iuuum minim wmuu nnuuu L i Parks/Recreational i ___ ��•"'Itl�llllll 11111111 I111111111 1611111 111111111 \ ;. Roads 04111001111114_ *R ; \a �\ T`I■ _jMom"ii:km.mu► •' 1 I Single Family Residential ' . / �;��\�� s� glti mm�.+mm� —I Mobile Homes �,, .- -::nano- �`. _■ auuuf n1 Transient Lodging -_I__.;uuwu=u;�,�s� /f 191. III;_-==Iiimm IIIIIIIIIIII:�r,rrrr,rr,� , '�••,�i�� Q` L I Undetermined 6 .� 4 -■ ■I% %• __-� °1 unuumWQlllllllllli •��,��,�� ..22\�jj11O ip�• ��i i /�uur1111 IIIIIIIIIIIIIIIIIIII:numu,,,,Illllllllilll►� �•�� I MIN Vacantlisril �� 'sit El e_,r. t$0,1 %% s: 111I�� -.`.�,o.��I♦ l -�� "N,��N��, III p= ununmmu°u"' 1 '111-i rO\\ "�•,Mixed Use .•t C- D• ,,,,.'\ \ llN♦,,, o E uuunuunuuuum' ,p` I Water •,' ,,A, / •",�\'�:\\�,01••f 00 , _ iiiiiiiiilimiilii �rl •♦ Q' `�\\\\\\\ 00\\ \\�•�\, _ iiiiiiiiiiiiiiiiiiiiiiiii: r % :`�� O Noncompatible Land Uses '�. \01`�0o ��! _ ,mu,I,rr,r,r!„IIIIilr i ;i a /.y� \\\\p\\\�\ ��, �� 6 mnnnumuuumn R L. Community Facilities ♦' \ \•\\\ j\\\� \1\,�� ,�t• mnmmmuunwu a e muumuumnwm.I . • i �_ Mobile Homes I ,a040 Oq� �• I L__..) Mufti-Family Residential ,�••�•,�� 11111f,4§100%%*\silt''1♦iii %,%�% °`�' �� 3OSingle Famity Residential ••poi• \•� ,� ��• • 1 .••..•• •rlc":;,•:!:• \•;0°: Las Salinas , •Y Y i♦ Transient Lodging N• •v;• "-~ "`` • • Q re ••• ;::.:.. . �po•P`.•�•``• •• lik'Condominiums z Da Night Level(DNL) .•••%%% • �� =:```�%%% - w 65 Y 9 �,•p gyp,•► .ii • • I` Contours(dB( �pp p 01' i •op• . \ y �' t ,�•p. •�•. , y 0% - ,.r Ocean• / ' Z 7 7...--16,„ ::;.,- ,,:zitzo,..‘0,„,zit;.......ii%%%%% •...:_; 0,,,:t....., .1/4 /.‘i makiia ,t \� �� •.p� t ov = \- � i4M'- ' `, ��, �1�:;�� I$\mow;.\a\t _ � -a Q��00� 4. �� Y � ' 2 1- )1 ,.....,...........,,.........,......,,,::::....••=m, l/ (_ 75 70 1:,-,�� `I -- , c � _��_--�� v ,:-As :A s WO CO O W ��r�O-o��• s'�`� W: . 01,131,-1. 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