07/20/2005 Easement Ott\565238 02/07/2006 3:32PM this instrument was prepared by:
Fst d a Recorded in Official Records of Heather P.Faubert
PIONROE COUNTY DANNY L. KOLNAGE Assistant NIP Coordinator
THC, Inc.
02/07/2008 3:32PM 2180 Satellite Blvd.,Suite 160
DEED. DOC STAMP CL. PU $0.70 Duluth,GA 30097
•
Doct$ 1565238
Blot 2185 PO 896
AVIGAT1ON EASEMENT
Key West International Airport
Noise Insulation Program
THIS EASEMENT AGREEMENT is entered into this day of . , 2005, by
THOMAS J.&BRENDA L. HASKINS, hereinafter referred to as"the Horn ner,"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 6 SQR 3 TR 21 OR155-88 OR513-
879 0R1267-988Q/C 0R1268-2346/47F/J 0R1414-564R/S 0R1484-1187/88R/S
0R1545-1059/61R/S 0R1660-233
also identified as street address: 2023tFLAGLERAVENUE
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
Deco 1565238
8k8 2189 PO 897
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
continues to operate for standard airport flight purposes,and that any such successor in
Page 2 of 5
Dooq 1565238
Bk$ 2185 Pgq 898
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"
‘-4*A.
"HOMEOWNER"
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 r
The foregoing instrument was acknowledged before me this'I day f� - , oS by
Tmw,.c
Homeowner '
No ary Public
My I nssiaN on
�xw�s�e�+ r,2oos
,145559
Page 3 of 5
poop 1585238
•
Bkp 2185 Pea a99 Loan tt:685-8348400
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 Thomas J. Haskins and Brenda L.
Haskins 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 /7 day of Orrot ,e , 2005.
Wells Fargo Bank,N.A.
By:.L,resa A. Mkt 1 K-
Teresa A.Naylor
Vice President .
STATE of MARYLAND
COUNTY of FREDERICK
BEFORE ME, the undersigned authority, on this day personally appeared Teresa A.
Naylor,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 he executed the same for the purposes and consideration therein expressed, in the
capacity therein stated, as the act and deed of the said Bank. �}
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS /91 day of Qc
2005.
No ary Public
NANETTE S.FRANCELLA
NOTARY PUBLIC STATE OF MARYLAND
My commission expires: -v/ ~ 2.00 7 County of Frederick
My Commission Expires March 1,2007
Page 4 of 5
a..
O
LEGEND
Gulf of Ilcc: z `� -
/•-•:;-----N �,Compatlble Land Uses r �' � r� y aI i Airport ! .' \-. ' - I�., - -
Community facHitles / ,..,
Multi Fnmdy Residential �� r ----lc.-_er 'iiiwq 1: 4 i i � t 1,�LA
I ParkelReereallonal I' } y I ,
Roads _ - �.5' +? } 1`7'_a�ii� Fin �I� 1�JLL p
;,� ,� "� r �`� ;�- *,' ,., ''•'`� F'. . 'lid 1 -`r
Single Feeney Residential L. 4 �1 1' /
Mobile Homes 1 �— aLw ' - I` Y I \--,f t odpinA i/ i .- M w' ,,q ,, C ,A_ ^j [2 ,_ `Transien L .Undetermined - ! �",� • r` }. T "� �i �,
sul
Vabent
Mixed UseFfrs- , , � ,, r - -=1,.i„!i i. . '
A. y.
Water i .���, L . "" ' 39 PI. _- d.,",' re
Ito
Noncompatible Land Uses " ��+� ' - 1 a
j Community Facilities '�� '.* 1_ ( �a, CO
Mobile Homes '^ (( • ,. e ;,:'- .111 mi T11 - _ _ w
Multi-FamilyResidenba '� \1 .n�v �Ae-`�.r`•''`c+',,r'-cyy ' �.- - _ �.' -
5inple Family Residential ! ;,i`"-- ' Ste'" ,F,. -...- +` .' - S,71Q-•', Las Salinas _ R w
2-14.0 Transient Lodging I `cc:^% .,,.. \ ' ' 9.4*- ,. �
d° alit
° ;,�„ , , •�_'+ • y ;Condominiums , -! , ' ' _-.- 1 Et
r • Day Night Level(DNLJ r ,'st` '' a. ., i ,i__: y 3.1''
' Contours(dB) �,N� ,.;'� - '' Ocean' • '� ( z
Illilr
ado' r��,,�,aTra,,,i..> is . ietkti 9 s: w. al \ z, C
•4,4 , )
,��; t � -�- . , _Best-Weg}ern '
acai
, `", High ` "11'�. .4 •,' Key Ambassgdor --'" 'f
r.- - Key Wester 1�
y„ _. - Resort Inn w ..
,. . ' - - \
• Sheraton Key thWest by Smather's f �7tIC Ocean 1000 0 1000 2000 Feet = K
Suites Beach At�a r
_" to
Doet3 1565238 MONROE COUNTY
Bkli 2185 Pg4 900 OFFICIAL RECORDS