07/20/2005 Easement Coen 1555373 12/09/2005 10:44AN This instrument was prepared by:
Filed & Recorded in Official Reeords
NONAGE COUNTY DANNY L. KQLHA of Heath I�•Faubert,Asst.NIP Manager
GE THC,Inc.
2180 Satellite Blvd., Suite I60
2905 10:44AM Duluth,GA 30097
DEEDEED OQC STAMP CL: P
$0.70 DOeN 1555373
8kN 2171 Agl) 1688
AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program
THIS EASEMENT AGREEMENT is entered into this VP-day of ctitrk , 2005, by
DARRYL ENNIS&JAY YATES, 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 KW REALTY CO'S FIRST SUB PB1-43 LOT 4 SQR 3 TR 21 0R303-229/30
0R375-1051/52 0R608-604 0R662-680 0R758-404 0R806-3140R808-701/02
0R898-2093 0R923-1258
also identified as street address: 2015 FL-yAGLER'AVENUE:
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 righteto 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
Doan 1555373
Bkn 2171 PO 1689
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 behatf 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
continues to operate for standard airport flight purposes,and that any such successor in
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Doot$ 15553'73
Bkil 2171 PgSt 1690
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:
Mayor
"BOCC"
1Cd kt e u
Pc> va A. l I "
la hu— 7T7 , 7 HOM WNER"
STATE OF FLORIDA •
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of , by
as Mayor of the Monroe County Board of County Commissioners,a body
politic and corporate.
Notary Public
My Commission Expires:
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing iristrument was acknowledged bee �3j a this B day of S EP i , by
'3AV llA 'S .Dr ryl— fS
Homeowner IDr t..r rj: a,_.
Notary Public
My Commission Exples:
I PAIR CY1A G�ILLM3H�R
`�1N111ryry�'
C /I'` ` Commission
II era* I
1 E_WNRO�
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73
AVIGATION EASEMENT Bkp 217153PO 1691
MORTGAGEE CONSENT
&„eay-) (2015 Flagler Avenue, Key West, FL 33040)
iskriya9e &eel-rantc I 1 on • fe,I.s Ch5 ntow. ,.►s)
O ("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 1307, Page 1191, Public Records of Monroe County,
Florida. Mortgagee hereby consents to subjecting the Property to the terms and provisions
of the foregoing easement. Crn )
rhodfiN e 0 C4-Klel c 4y; i 4Thr 57 en5
Witnesses: OHIO SAVINGS BANK
By: OalIAL(
Signature of Witness
416:[,44 52..0KA., / As its: S
Print Name of Witless
ignature fitness
Jdh va i- ,pe�—
Print Name of Witness
STATE OF Qhn
COUNTY OF (Ask
moo‹
The foregoing instrument was acknowledged before me thisw day of f\f .L{ , 2804
by\IIkA CI-Qi.ck5 as livAtolizie.d, A r ()WHIR SAVINGS BANK, on behalf of the
corporation. H,dShe's personal) known to me o Tlds 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.
gnature of Notary Public d0-1/--pe g (
Print Name of Notary Public
I am a Notary Public of the State of (On t Z
; LOTTiE R. TUGGLE My Commission Expires on oT a y
". Notary Public.State of Onih )1
t _ _ My Commission Expires 5fl4 7GC5
•,,, �'�r Recorded in Cuyahoga County
Page 4 of 5
r Dock 1555373
BIM 2171 POI 1692 • 14
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MONROE COUNTY
OFFICIAL RECORDS