HomeMy WebLinkAbout02/19/2025 Avigation Easement Prepared By and Return To: Doc#2493629 Bk#3316 Pg#1249
Deborah Murphy Lagos &Associates Recorded 3/1812025 9:30 AM Page 1 of 4
566 Running Deer Trail
Waynesville, NC 28786 Deed Doc Stamp$0.00
Filed and Recorded in Official Records of
MONROE COUNTY KEVIN MADOK,CPA
AVIGATION EASEMENT
KeyWest International Airport
Noise Insulation Program
STHIS EASEMENT AGREEMENT is entered into thisday of Oote-( --
20 by"ZAK ADAM CURRAN & MARYNA PASHYK", hereinafter referred to as"the
Property Owner," in favor of the MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS, a body politic and corporate, hereinafter referred to as "BOCC."
RECITALS:
A. The Property Owner is the fee simple titleholder to certain real property ("the
Property") located in Monroe County, Florida, more particularly described as follows:
Lot 2, Block 2, LIME GROVE SUBDIVISION NO. 2, according to the plat thereof as
recorded in Plat Book 2, Page(s) 26, Public Records of Monroe County, Florida.
also identified as street address: 2805 FLAGLER AVE., KEY WEST, FL 33040
B. The BOCC is the owner and operator of Key West International Airport("the Airport")
and desires to make properties that, through interior noise exposure testing, are
determined incompatible as a result of their exposure to aircraft noise compatible for
residential purposes through the implementation of a Noise Insulation Program
("NIP").
C. Under the NIP, the Airport will design and install or pay for the installation of
improvements and modifications to the Property Owner's Property necessary to
reduce interior noise levels at least 5 dB and to bring the average interior noise level
below Day-Night Level (DNL) 45 dBA in accordance with Federal Aviation
Administration policy. Granting of an Avigation Easement ("Easement") is a BOCC
condition of participation in the NIP. The Easement will supersede any implied or
prescriptive easements that the BOCC may have obtained under applicable laws.
D. The funding source for said NIP will include funding from the United States
Government pursuant to the Airport and Airway Improvement Act of 1982, and will
include funding from the BOCC, acting in its capacity as the owner and operator of
the Airport.
E. The Property Owner desires to participate in the NIP and has entered into a Property
Owner Noise Insulation Agreement with the BOCC. The BOCC's implementation of
the NIP will benefit the Property Owner and the Property by providing certain
remedial sound attenuation construction on all eligible residential structures on the
property necessary to achieve a reduction in DNL indoor noise levels of at least 5
Key West International Airport NIP—Avigation Easement for(2805 Flagler Avenue) Page 1 of 4
dB and bring the average interior noise level below DNL 45 dB in accordance with
Federal Aviation Administration policy.
F. The Property Owner fully understands that the NIP eligibility could change at some.:
future time but is currently based:on:the 2028 Future.Condition Noise Exposure Map
accepted by.the Federal Aviation Administration ("the FAA") on April 4, 2023.
G. The. NIP will be administered in accordance with the current FAA Order 5100.38,
Airport Improvement Program (AlP) Handbook.
H. 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 improvements to be made to the
Subject Property through the NIP, the receipt and adequacy of which is hereby:
. acknowledged by both parties, and in consideration and incorporation into this
Avigation Easement of the recitals set forth above,: the Property Owner and the
BOCC agree as follows:
. :1. The Property Owner on behalf of the Property Owner 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 the operation of aircraft over or in the vicinity
of the property. This Easement shall apply to all such aircraft activity at the Airport,
present or future, in whatever form or type, during operation at, on, to.or from the Airport,. •
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.
2. This Easement shall be perpetual in nature and shall bind and run with the title to: •
the property and shall inure to the benefit of the BOCC or its successor in interest as
owner and operator of the Airport.
3. The Property Owner on behalf of the .Property Owner, 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, attorney's fees or-causes of action of
every kind or nature for which the Property Owner or its heirs, assigns, or
successors currently have, have.in the past possessed,.or will in the future possess,
as: a result of Airport operations or aircraft activities and noise levels related to or
generated by 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 operation of the Airport:
or.:of aircraft landing or taking off at the Airport.
Key West International Airport NIP—Avigation Easement(2805 Flagler Avenue) Page 2 of 4
4. This Easement expressly excludes and reserves to the Property Owner and to the
Property Owner's heirs, assigns and successors in interest, claims, demands,
damages, debts, liabilities, costs, attorneys' or expert's fee, or causes of action for
physical damage or personal injury caused by any aircraft or part of any aircraft
using the Easement that does identifiable physical damage to the property or injury
to a person on the property by coming into direct physical contact with the property
or the person on the property.
• 5. 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, attorney's fees and
costs incurred in connection therewith, including appellate action.
6. 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.
7. 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.
8. 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 interest to the BOCC shall be entitled to all of the benefits
inuring to the BOCC hereunder.
9. The Property Owner agrees that the Property Owner shall bear and be responsible
for all costs of maintaining and operating any sound attenuation materials and
equipment installed in the Property by or on behalf of the BOCC.
Key West International Airport NIP—Avigation Easement(2805 Flagler Avenue) Page 3 of 4
This Easement Agreement is executed as of the date first above written.
PROPERTY OWNER: PROPERTY OWNER:
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Subscribed and sworn (or affirmed) before me by Subscribed and sworn (or affirmed) before me by
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of affiant). He/She/They is/are personally known to of affiant). He/She/They is/are personally known to
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MONROE COUNTY BOARD OF COUNTY COMMISSIONERS:
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Key West International Airport NIP-Avigation Easement(2805 Flagler Avenue) Page 4 of 4