HomeMy WebLinkAbout02/19/2025 Avigation Easement Doc#2493635 Bk#3316 Pg#
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Prepared By and Return To:
Deborah Murphy Lagos &Associates Deed Dec Stamp$o.00
566 Running Deer:Trail
Filed and Recorded in Official Records of Waynesville, NC 28786 MONROE COUNTY KEVIN MADOK,CPA
AVIGATION EASEMENT
Key West:International Airport
Noise Insulation Program
THIS EASEMENT AGREEMENT is entered into this PL day of r' (141:
20 , by"VADIM ZAVOROTNII", hereinafter referred to as"the Property Owner," in favor
of the I IONROE 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 88,of AMENDED PLAT OF RIVIERA SHORES-FIRST ADDN., according to the map or plat thereof, as
recorded in Plat Book 5, Page 88, of the Public Records of Monroe County, Florida: LESS AND EXCEPT: .
Part of Lot 88,Amended Plat of Riviera Shores First Addition, according to the plat thereof, as recorded in
Plat Book 5, Page 88 of the Public Records of Monroe County, Florida, being more particularly described
as follows: Begin at the Southeast corner of said Lot 88;thence run N 21 degrees 14'20"W along the Ely
line of:said Lot 88, 54.31 feet to the Northeast corner of:said Lot 88; thence run.S 68 degrees 45' 45"W
along the N'ly line of said Lot 8.8; 8:2 feet to a point on the Wly face of an existing.concrete block wall (as
located by Phillips&Trice Surveying, Inc., on July 7, 1991);thence S 14 degrees 18'05" E along said Wly
face and the SE'ly extension of said Wly face, 53.00 feet to the Sly line of said Lot 88; thence run N75
degrees 22'40" E along said Sly line, 14.7 feet back to said Point of Beginning.
also identified as street address: 2801 VENETIAN DRIVE, 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
Key West International Airport NIP—Avigation Easement for(2801 Venetian Drive) Page 1 of 4
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
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 (AIP) 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
Key West International Airport NIP—Avigation Easement(2801 Venetian Drive) Page 2 of 4
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.
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(2801 Venetian Drive) Page 3 of 4
This Easement.Agreement is executed as of the date first above written.
PROPERTY OWNER: PROPERTY O NER:
Signature Signature
Vtfolisp 2.- 019-67F/t/ -
Printed Name Printed Name
asif9. 2
Date Date
STATE OF STATE OF IZ°Q
COUNTY OF
--- COUNTY OF (4-''S' "OA*0 r
Subscribed and sworn (or affirmed) before me by Subscribed and sworn (or affirmed) before me by
means of ❑ physical presence or o online means of k physical presence or ❑ online
notarization, on (date) by notarization, on 0% - al- 2 L (date) by
(name vgcl%>si At,a f c 9 o;i (name
of affiant). He/She/They is/are personally known to of affiant). He/She/They is/are personally known to
me or has/have produced me or has/have produced I4 bri'v ,4 L:e4e,,��
(type of identification) as identification. (type of identification) as identification.
NOTARY PUBLIC. NOTA PUBLI AREZ
IM1TH®NY SIBILLY-JU
Notary.y.Public
Ci1r.
State of Florida
; ,7�;,-�, Comm#HH184643
iArty _ - a 25
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS:
MAYOR / CHAIRMAN
MA 9 OK, CLERK
Sf j It-41
cbilo
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sad h '6 �r Vim.®,✓
As Deputy Clerk Si;nature NtAtACProllhnt, 4, 2114 L202S
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Date
MONROE COUNTY ATTORNEY
7JVED T F RM
PED J.MERCADO
ASSISTANT COUNTY A OR EY
Date:
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