Resolution 444-2021 RESOLUTION NO. 444-2021
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,
FLORIDA, GRANTING AN EASEMENT TO THE
FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) TO A PORTION OF
FDOT PARCEL 6667, IN BIG PINE KEY,
FLORIDA, CONTINGENT UPON AND
EFFECTIVE ONLY UPON THE RECORDING OF
A QUITCLAIM DEED FROM FDOT TO
MONROE COUNTY FOR THE CONVEYANCE
OF FDOT PARCEL 6667 IN BIG PINE KEY, AS
PROVIDED FOR IN THE REVERTER CLAUSE
OF THAT CERTAIN DEED FROM MONROE
COUNTY TO FDOT DATED MAY 24, 1977.
WHEREAS, on November 9, 1936, the Florida East Coast Railway Company
deeded certain properties in Monroe County to the Overseas Road and Toll Bridge
District, as recorded in the Official Records of Monroe County in Book G-6 at
Pages 46 - 55; and
WHEREAS, on September 4, 1954, the Overseas Road and Toll Bridge District,
as successor owners of the Florida East Coast Railway Company properties,deeded
these properties to Monroe County(County),as recorded in the Official Records of
Monroe County in Book 15 at page 374; and
WHEREAS, on January 1, 1966, the County leased the parcel, now known as
FDOT Parcel 6667, to the Lower Keys Chamber of Commerce before the
subsequent transfer to FDOT in 1977; and
WHEREAS, on May 24, 1977, the County deeded to FDOT, as recorded in the
Official Records of Monroe County in Book 715 at Page 82,certain properties from
the 1954 deed, using the description of the transferred lands from the 1954 deed
without calling out the metes and bounds; and
WHEREAS, the COUNTY has continually leased a portion of land to the Lower
Keys Chamber of Commerce,which said land had been transferred to FDOT in the
1977 deed; and
WHEREAS, the 1977 deed contains a clause providing that FDOT will return
(revert)any properties included in the 1977 deed that are not used for Right of Way
transportation purposes upon a request by the County; and
1
WHEREAS, FDOT has determined that it needs only the northerly twenty-five
(25)feet of Parcel 6667 for Right of Way transportation purposes, which said area
will be granted to FDOT by way of an easement from the County; and
WHEREAS, the Board of County Commissioners of Monroe County (Board)
unanimously voted at its regular meeting on September 15, 2021, to authorize the
Mayor to request the transfer (reversion) of the property, known as FDOT Parcel
6667,back to the County; and
WHEREAS, at the request of FDOT, the Board will consider and vote on a
Resolution on November 3, 2021, memorializing and ratifying its unanimous
approval on September 15, 2021, to request the transfer of the property, known as
FDOT Parcel 6667, back to the County from FDOT; and
WHEREAS, legal counsel for FDOT has presented a proposed Quitclaim Deed,
attached hereto as Exhibit "A" and made a part hereof, in which FDOT, as the
Grantor, will convey FDOT Parcel 6667 back to Monroe County, as the Grantee,
since it no longer needs Parcel 6667 for Right of Way transportation purposes and
the County has requested the transfer(reversion)of said parcel; and
WHEREAS, in conjunction with the transfer of Parcel 6667 from FDOT to the
County, FDOT would retain a twenty-five (25)foot easement as per the terms and
conditions of a proposed Grant of Easement and Covenant Running with the Land,
which is attached hereto as Exhibit"B" and made a part hereof, to be recorded in
the Public Records of Monroe County,Florida,after the aforementioned Quitclaim
Deed is recorded of even date; and
WHEREAS, this Resolution authorizing the granting of a twenty-five (25) foot
easement is contingent upon execution of the Quitclaim Deed by the proper parties
of FDOT; and
WHEREAS, this Resolution is to also memorialize the intent of the Board of
County Commissioners to approve the granting of the twenty-five (25) foot
easement and authorize the Mayor to execute the attached Grant of Easement and
Covenant Running with the Land to be recorded in conjunction with the recording
of the properly executed Quitclaim Deed;
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Monroe County, Florida,that:
SECTION 1: Recitals. The recitations set forth above are hereby incorporated by
reference herein.
SECTION 2: The Monroe County Board of County Commissioners requested on
September 15,2021,that FDOT convey the parcel described as FDOT Parcel 6667
2
to the County and will memorialize and ratify said request by a Resolution
presented to the Board on this date,November 3, 2021.
SECTION 3: FDOT has presented the proposed Quitclaim Deed to the County,
attached hereto as Exhibit`B", which will be executed and recorded in the Public
Records of Monroe County,Florida.
SECTION 4: Contingent upon the execution and transfer of the lands in that
certain Quitclaim Deed to Parcel 6667,the Board desires to grant a twenty-five(25)
foot easement to FDOT in a designated portion of Parcel 6667 as described in that
certain Grant of Easement and Covenant Running with the Land, attached hereto
as Exhibit`B".
SECTION 5: Upon execution of the Quitclaim Deed by FDOT, this Resolution
authorizes the Mayor to execute the attached Grant of Easement and Covenant
Running with the Land, which shall then be recorded immediately after the
recording of the FDOT Quitclaim Deed.
Section 6: The Clerk is directed to transmit a certified copy of this Resolution and
the executed Grant of Easement and Covenant Running with the Land to FDOT,
District VI, R/W/ Administration, Attn. Maria A. Llanes, Property Management,
1000 NW 111th Avenue,Room 6105-B, Miami,FL 33172.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting of said board on the 17th day of November,
A.D.,2021.
Mayor David Rice Yes =r r e
Mayor Pro Tem Craig Cates Yes '
Commissioner Michelle Coldiron Yes
c = :v t
� �� Commissioner Eddie Martinez Yes �, �-o p ,
�� 7,z `� Commissioner Holly Raschein Yes '
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BOARD OF COUNTY COMMISSIONERS
• -est: Kevin Madok, Clerk OF MONROE COUNTY,FLORIDA
iltiffi.0
By TBy
As Deputy Clerk Mayor/Chairperson
MONROE COUNTY ATTORNEY'S OFFICE
OP6OVED}iSTO 0 M
ASSISTANTAMYAT7ORNEY
DATE, 1 1
DocuSign Envelope ID:FEB45F43-640A-42D8-963 B0059EF6242C
NO S„, -5- L � Doc r 23512/1 B21 1:523143 Pg#2128
Recorded 12/17/2021 1:52 PM Page 1 of 10
Deed Doc Stamp$0.00
Filed and Recorded in Official Records of
MONROE COUNTY KEVIN MADOK,CPA
This instrument prepared by, Item/Seg. No.: 4152302
or under,the direction of,
Alicia Trujillo, Esq. S ect/Job NO.:: 90020
District Six Chief Counsel Managing.District: Six
S.R. No.: : - 5,MM 31
State of Florida.Department of Transportation County: Monroe
1.000.N.W.:111 m Avenue Parcel No.: - 6667
Miami; Florida 33172
GRANT OF.EASEMENT AND COVENANT RUNNING WITH THE LAND
' ' This Grant of Easement and Covenant Running with the Land (this "Agreement")
is made this 9I day of cen7.,eite 2021,. by Monroe County; .Florida, a
political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key
West, Florida 33040, its successors and assigns, as "Grantor",_to and for the benefit of
the State of Florida Department of Transportation, whose address is 1000 N.W. 111th
Avenue, Miami, Florida, 33172-5800, and its successors and assigns, collectively referred
to herein as "Grantee".
Recitals
A. The property described in Exhibit A, attached to this instrument, and made a part
hereof (hereinafter, the "Property"), was formerly owned by the State of Florida
Department of,Transportation by way of Monroe County Deed dated May 24th,
1977, and recorded in Official Records Book 715, Page 82, of the Public Records
of Monroe County, Florida.
B. The State of Florida Department of Transportation transferred the Property in fee
/"imp #o 'Monroe County, Florida, pursuant to .a Quitclaim Deed dated
I7 Oa?)and recorded under Official Records Book 0/4 Pa e
Fil Number �} d- 9 � ,Clerk s
County, Florida.
1, �� of the Public Records of Monroe
C. As a condition of said transfer, Grantor agreed to grant unto the State of Florida
Department of Transportation an easement and covenant on the Property, as set
forth in this Agreement.
Now, therefore, for and in consideration of the sum of One and 00/100 Dollar($1.00),
and other valuable consideration paid, the receipt and sufficiency of which is hereby
acknowledged, Grantor and Grantee, by the acceptance hereof, agree as set forth below:
1. Recitals. The recitals are true and correct and are incorporated by reference and
made a part of this Agreement.
DocuSign Envelope ID:FEB45F43-640A-42D8-9637-B0059EF6242C
2. -Grant of Easement and Easement Area. Grantor hereby grants to.Grantee a
perpetual, non-exclusive easement over, across, under, and upon a portion of the
Property (the "Easement Area") for the purposes set forth in this.Agreement The
Easement Area is more particularly described in that certain sketch and legal
description attached hereto as Exhibit B made a part hereof.
3: Purpose :of Easement. The Easement is granted to- Grantee, together with
Grantee's agents, licensees, employees, invitees, and contractors, (collectively,
"Permittees")for right of way transportation purposes; including, but not limited to,
9 g g
drainage, construction/debris sta In , and roadway expansion: :Grantee may
further authorize .its permittees, agents, licensees, employees, invitees, and
contractors to exercise said rights.
4.. Running Benefits:and Burdens. The Easement shall be deemed a restrictive
covenant running with the Property, for the benefit of the Grantee. All covenants,
terms, conditions, and provisions of this Agreement shall extend to and be made
binding upon Grantor, its successors, and assigns, for the benefit-of Grantee, its
successors and assigns. This Agreement shall be recorded in the Public Records
of Monroe County, Florida.
- 5. Responsibilities of the Grantor. Grantor agrees that all maintenance obligations
of the Easement Area shall be the responsibility of Grantor, at Grantor's sole cost
and expense. Grantor agrees not to alter, or place anything in, the Easement Area,
which will obstruct or impede the rights granted hereunder,,.or which in any way
will interfere with the purpose of the Easement.
Grantor agrees that it will not build, or grant to others permission to build, any
structures or improvements on, over, across the Easement Area, or develop or
allow the.development of the Easement Area, in any manner which (1) obstructs
or impedes the rights.granted hereunder, or (2) in any way that interferes with
Grantee's use of the Easement Area. However, as part of an approved site plan
or as may be otherwise permitted by applicable law, the Grantor may construct
and/or install improvements to the Easement Area, including, without limitation,
paved driveways, parking and/or - walkways; . landscaping, and/or other
improvements, if said improvements do not interfere with Grantees' use of the
Easement. Grantor agrees that the construction of any improvements in the
Easement Area is subject to prior approval by the Grantee (such approval shall
not be unreasonably withheld, conditioned, or delayed), which shall be obtained
by applying for a permit through the. Grantee's Permit Office and by written
approval from Grantee's Right of Way Property Management Office.
If Grantor (without obtaining the prior consent of the Grantee) constructs and/or
allows construction of improvements on the Easement Area in a manner which in
any way interferes with Grantee's use of the Easement, Grantee shall have the
right to immediately remove said improvements. The Grantee shall not be held
responsible for any damage to alterations or improvements on the Easement Area
DocuSign Envelope ID:FEB45F43-640A-42D8-9637-B0059EF6242C
that in any way obstruct or impede Grantee's use of.the Easement, or that in any
way interfere with.Permittees' use of the same, as determined by Grantee in its
- sole:discretion; and (b) the Grantee shall not be held responsible for damages
arising out of or resulting from loss of use of said improvements.
6. :Indemnification. Grantor agrees to release, indemnify,defend, save and hold the
Department, its employees, agents, representatives, and successors, harmless of
and from any and all losses, fines, penalties, costs, damage, bodily injury, claims,
demands, suits and liabilities of any nature including attorney fees, (including
regulatory and appellate fees),arising out of, because of, or due to any accidents,
happening or occurrence on or around the Easement Area whether the same.
regards person or property of any nature whatsoever, regardless of the
apportionment of negligence, unless due to the sole gross negligence of the
Grantee as rendered in a final judgment by a court of competent jurisdiction.
7. Utilities. Grantor shall, during the term hereof, at all times be responsible for
payment of any utility services provided to the Easement Area.
8. Reservation of Rights. Grantor hereby reserves all rights of ownership in and to
the Easement Area which are not inconsistent with this Agreement, including the
right to use the Easement Area for all uses not interfering or inconsistent with
Grantee's rights under this Agreement.
9. Miscellaneous
a. Enforcement. The terms and provisions of this Agreement shall commence
upon the execution and delivery of this Agreement by the Grantor and shall be
for a perpetual term, unless sooner terminated as may be set forth in this
Agreement. The failure of the Grantee to insist on one or more occasions on
the strict compliance with any terms or provisions of this Agreement shall not be
deemed a waiver or cause those rights to be relinquished in the future
enforcement thereof.
b. Sovereign Immunity. Grantor and Grantee are governmental entities, self-
insured and subject to the provisions of Section 768.28, Florida Statutes.
Nothing in this Agreement shall be deemed or otherwise interpreted as waiving,
limiting, or altering the sovereign immunity protections enjoyed by Grantor or
Grantee, or as increasing the limits of liability as set forth in Section 768.28,
Florida Statutes.
c. Construction. The section headings contained in this Agreement are for
reference purposes only and shall not affect the meaning or interpretation of this,
Agreement. No provision of this Agreement shall be construed against or
interpreted to the disadvantage of _either party by any court or other
governmental entity by reason of such party's having or being deemed to have
prepared or participated in the preparation of this Agreement.
DocuSign Envelope ID:FEB45F43-640A-42D8-9637-B0059EF6242C
d. Severability This Agreement shall be governed by the laws of the State of
Florida. This Agreement will be enforced to the fullest extent permitted by
applicable law: If for any reason any term or provision of this Agreement is held
to be invalid or unenforceable to any extent,then (a)such term or provision will
be interpreted, construed, or reformed to the extent reasonably required to
render the same valid, enforceable, and consistent with the original intent
underlying such provision; (b) such term or provision will remain in effect to the -
extent:that it is not invalid or unenforceable;: and (c) such invalidity or unenforceability will not affect any other term or provision of this Agreement.
e. Amendments and Termination.. This Agreement shall continue in perpetuity.
Termination of this Agreement must be in writing, executed by the Parties with
the same formalities as this instrument, and recorded in the official records of
Monroe County.
f. Entire Aareem_ This Agreement embodies and constitutes the entire
understanding between Grantor and Grantee concerning the rights granted
herein and all prior or contemporaneous agreements, understandings,
• representations, and statements, oral or written, with respect thereto are
merged herein.
g. Grantee to Record. Upon execution of this instrument, Grantee shall record
the instrument=in the Public Records of Monroe County, Florida.
TO HAVE AND TO HOLD the same to Grantee, its successors, and assigns forever,
and Grantor will defend the title to said lands against all persons claiming by, through, or
under Grantor.
SIGNATURE PAGES FOLLOW
•
DocuSign Envelope ID:FEB45F43-640A-42D8-9637-B0059EF6242C
•
IN WITNESS WHEREOF,the.Parties hay -
f t.iP j menton"the day :
and year first written above: �'��� � �
GRANTOR:
MONROE COUNTY; FLORIDA
( t.
� in Madok, Clerk
°uw r
By:X"
e
‘totoyAA.gAVadt1t.'tL
avl�.P, �1 C2... _ . As Deputy Clerk
rcc.
Print Name
�..► K,.
Print Name
n1a or
Title
MONROE COUNTYAffpRNEy'S OFFICE
WITNESSES; +D�APP OVEC AS To
�� • PATRICIA EAGLES
®" (Signature of witness 1 war:
u 'rroRNEr
/ f�Y
DATE:" A
7-0
Print Name
(Signature of Witness 21
jAr-AzZ14—
•
Print Name
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me, by means of physical presence
or 0 online notarization, this Li day
4Dwt ci_ P. -�i C2: y of OOvo_M 64�. 20� by
produced , who" is personally known to me or who has
as identi ication:
(Notary Seal)
a Ge,4
Notary Public
TM ALAMARCHE.
�' ••• C.irifon A HH f
` " mar-a 1-- n ray-c_4
'y.�i�g Juir4.2°25 Print Name
o►Ft hntNlfw ibblY nto»
My Commission Expires: .d[rlt a4'', 242.5
DocuSign Envelope ID:FEB45F43-640A-42D8-9637=B0059EF6242C
GRANTEE:.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
e—DocuSIgnedby:
e--DocuSlpned by:
By: -
Attest:.
i
`a.
G w4,Stacy L. A , : HelenSbae ;cc78,.District Six Secretary Assistant to District Secretary
WITNESSES:
DocuSlpned by:
L1ts .fora Si nature of.witness 1J
!. 9
BDE818C95DB54D8::.
Lourdes Evora
Print Name .
DocuSlpned by:
Lh1tht I Sfa
rSignature of witness 2]
983E212210734D7:..
Cristina Cuesta
Print Name
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me, by means of Ei physical presence
or 0 online notarization, t IS PM dayof �' ,J✓
,�� P/�/ 20�?/ by
`5 z 2/ / M//e/2j ,..FT: , who. is personally known to me or who has
produced
as identification:
(Notary Seal)
N tary lic
ipv'"" Notary Public State of Florida ``///� �
Maria A Llanes ��CL o�dwc-
c ' My commission HH 049218 Print Name
?a Ao Expires 09/30/2024
My Commission Expires: 09 .�C,��04
DocuSign Envelope ID:FEB45F43-640k-42D8-9637-BOOS9EF62426
- „
15 EXHIBIT "Ail
x LEGAL DESCRIPTION - PARCEL 6667:
bi A tract Of land in a part of Government Lot 1, Section 25; Township 66 SoUttr. Range 29 East on Big Pine Key; Monroe
County, Florida, and being More particularly described as follows:
COMMENCE at the Southwest Corner of the Northwest cine-qUarter (1/4) of said Section 25, Township 66 South, Range
29 East thence S 8909,26 E; along the South line of said Northwest one-quarter(1/4) of Section 25; for a distance
of 50.00 feet to a point on the East.Right of Way line of industrial Road, as shown On:the Florida Department of
Transportation Right of Way Map for said State Road 5; Section 90020/90030, sheets 4 and 5 of 7; dated April 1,
2019, and the POINT OF BEGINNING of the following described Parcel: '
Thence N 00°5613° E, along said East Right of Way line of Industrial Road, for a distance of 207,55 feet to the
Intersection with the South Right of Way line of State Road 5 (Overseas Hwy), as Shown on said Right of Way Map;
thence S 88°56155° E, along said South Right of Way line of State Road 5, for a distance of 150.00 feet thence
S 00°56'33° W for a distance of 207:01 feet to a point on aforesaid South line of the Northwest one-quarter (1/4) of
Section 25 thence N 89°09'261! W, along said South line of the Northwest one quarter(1/4) of Section 25; for a
distance of 150.00 feet to the. POINT OF BEGINNING.
said lands Containing 31,092 square feet more or less.
ed on the Baseline of SurveY of State Road 5 (Overteas
LEGEND: ' ..GBEeNaErillAngsl. ,lar:rEbSa:s
- Parcel Number a:r
I Baseline
Highway), having a bearing of S 88°56155°:E from.P.I. Sta. 1152+82:55 to
f?, - "
Centerline P.C. Sta. 1176+91.05. as shown in Florida Department of Transportation
CCR - Certified Corner Record (FDOT) Right of Way Map for said State Road 5; Section 90020/90030;
prepared by Maser Consulting P.A. (now known as Colliers Engineering &
g EXIST. 7 Existing
Design. Inc:), dated April 01; 2019.
g FDOT -- Florida Departrnent of
- Existing Right of Way lines and Property Lines were derived from said Right
Transportation
of Way Map for State Road 5 and the mcinuMentation recovered on that
F.P. - Financial Project -survey.
' I.P. - Iron Pipe Station and offsets shown hereon are relative to the State Road 5 Baseline
# I.P.&C. - Iron Pipe and Cap of Survey.
a LB ;- Licensed Business - Lands shown hereon Were not abstracted for right-of-Way, easement of
k LT - Left record; oWnerthip, abandonments, deed restrictions, or Murphy-Act Deeds.
2g. N/A - Not Applicable This information should be obtained through appropriate verification.
•k 0.R.B. - Wilda' Records Book - Reproductions of this map are not valid without the original signature and
. Ob. Page seal of the Florida Licensed-Surveyor and Mapper In responsible charge.
1° PK.N&W - Parker-Kalon Nall and - Additions and/or deletions to survey Maps, sketches or reports by any party
N Washer other than the signing party are prohibited without the written consent of
P.O.B. - Point of Beginning the signing party:
*
P.O.C. Point of Commencement , This Sketch to Accompany Legal Description Is in compliance with the
in . . .
- Pro Standards of Practice as set forth by the Florida Board of PrOfessibnal Land
Perty line
Surveyors and Mappers, referenced in Rule 5,117 Florida Administrative code
RGE. Range
pursuant to Section 472.027, Florida Statues;
X RI , Right
! I R/W - Right of Way
SEC. - Section
5 S.F. - Square Feet
6 SPK. - Spike
8 S.R. - State Road
,1 STA. - Station
TWP. -Township
• --;` °.:`' s A.A De 'II,
......, ,\
,,,/,,-...../ ::", C) 0 •••-.:E
DENIS DNIS ....- •5• DATE
IS
PROFESSIONOISUIVEYORlbAIN7O :A1 i IEFt%
..,
v,
FLORIDA IXENSE O. 7017 i.. r;
1 This document consists of two (2) sheets
13 irD
4 and neither shall be Considered full,
g valid, and com.lete without the other. ...S.94'\ FricaSofS KRA SURVEY
wi
ME
id • . 0
FLORIDAFLORID% DEPARTMENT trl" •RT ON IIIIIII SKETCH TO ACCOMPAWK c#43AisOtaRIPTION
MONROE COUNTY
g STATE ROAD NO. 5 .
ti Me ipir ION PREPARED EN L,022:1Sv frINEERING E.DESIGN.INC. DATA SOURCE:
MAK EL 33165(U1738/31 SEE GENERAL.NOTES
DRAWN DD 10/81/21
22- PENSION DATE CHECKED OD io/1243 F.P. NO. N/A SECTION 90030 SHEET 1 oF 1
1D/12/2021 7:28:52 AM DOenis
. _
_ ,
DocuSign Envelope ID:FEB45F43-640A-42D8-9637-B0059EF6242C
0
PARCEL # OWNER'S NAME IMEEllaemi REMAINDER -
6667- FLORIDA DEPARTMENT COMMENTS
.. ". OF".TRANSPORTATION 31,092 S.F. D.00 S.F..0MEM
S
tra
W EXHIBIT "A11
M �,
or `�° S.R. 5 (OVERSEAS HIGHWAY) a
O• ,, EXIST. NORTH.RM LINE ^ Z
SECTION '90030 PER SEC. 90020/90030
an
z Q �
1167 1168
1169
1170
S A.. .6 97.26
ry S 88°56'55" E END SEC..90020 (BEARING REFERENCE)
BEGIN SEC. 90030 ' N �"OF SURVEY
n
Ci• to
o
tn
EXIST. SOUTH.RJW UNE
~
in PER"SEC..90020/90030
N.N a S 88°56'55° E i50.00' :.
+97.36': 25' c~n25'" — —
50.00' RT +"47.36 +97:36.
11J CI 50.00' RT 50.00' RT.
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1•' O
a 0 N o IA o FDOT PROPERTY
I0 a • C N PER O.R.B..715, PG. 82 0 MONROE COUNTY
'\'w Z MONROE COUNTY PARCEL ID: 00]10841-000000
c
n 3 z W PARCEL ID: 00110840-000000 %
�^ ui
ry W nl in
it u_ tou rn
IN Co r»
Ocp Win
W 6667 in
iO
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tri CCz Moo p Z N
,� . OLfio� z LU w 1-8
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§ w �d P.O.B. NOT SUBDIVIDED
N a:IA ill `r'i z WRce +97.75
LIT. 257.55' RT+47.75
257.01' RT
F.
1, N 89°09'26" W 150.00' ,;
0 .
-
ti —S 89°09'26" E SOUTH LINE OF NW 1/4 OF -
0 50.00' SEC. 25, TWP 66S., RGE. 29E.
MONROE COUNTY f .
LL I
I " PARCEL ID: 00110830-000600 II
y BIG PINE KEY, MONROE COUNTY, FLORIDA
m
GOVERNMENT LOT 1. N.W. 1/4 OF SEC. 25, TWP, 66S., RGE. 29E.8 This document consists of two (2) sheets 0 20" 40
t2: and neither shall be considered full,
_valid, and com.lete without the other. THIS IS NOT A SURVEY Scale: 1° = 40'
FLORIDA DEPARTMENT OF TRANSPORTATION
EMIIIIIIIIIIMM SKETCH, TO ACCOMPANY LEGAL DESCRIPTION
® STATE ROAD NO. 5.
®" 1111111121101
� _ MONROE COUNTY
° PREPARED 6Y: NW ENGINEERING STREET6 DBIGN.INC. DATA SOURCE
� -NM PRAWN op 10JD1123 Nw L FL 33IR mem) SEE GENERAL NOTES ON SHEET 1
d REVISION DATE CHECKED -...
10112/2O23 7:29:28 AM" [Dells [[ ,F.P, NO. N/A SECTION 90030
_ _ SHEET 2 OF 2
DocuSign Envelope ID:FEB45F43-640A-4208-9637-80059EF6242C
1 4
EXHIBIT "B"
, .
I i
, D LEGAL DESCRIPTION - EASEMENT AREA:
1 k A tract of land in a part of Government Lot 1, Section 25, Township 66 South i Range 29 East on Big Pine Key, Monroe
i County, Florida, and being more particularly described as follows:
i COMMENCE at the Southwest corner of the Northwest one-quarter (1/4) of said Section 25, Township 66 South, Range
29 East thence S 89°09'26" E, along the South line of said Northwest one quarter (1/4) Of Section 25;for a distance
of 50.00 feet to the intersection with the East Right of Way line of Industrial Road; as shown on the Florida
Department of Transportation Right of Way Map for said State Road 5, Section 90020/90030, sheets 4 and 5 of 7.
dated April 1,:2019; Thence:N-00°56'33u E, along said East Right of Way line of Industrial Road, for a distance of
182.55:feet to the POINT OF BEGINNING of the following described Parcel:
Thence continue N 00P.56.33n E, along said East Right of Way line of Industrial Road, for a distance of 25.00 feet to
the intersection with the South Right of Way line of State Road 5 (Overseas HwY.); as shown on aforesaid Right of
Way Map; thence S 88°56155" E, along said South Right of Way line of State Road 5, for a distance of 150,00 feet
thence S 00956'33!! W for a distance of 25.00 feet thence N 88056,55n W for a distance of 150.00 feet to the POINT
OF BEGINNING.
Said lands containing 3,740 square feet more or less.
LEGEND: GENERAL NOTES:
rs t • Baseline
- Centerline : 7 Bearings are based on the Baseline of Survey of State Road 5 (Overseas
Highway),-having a bearing Of S 811°56'55" E from p.I. Ste 11524.82.55 to
8 CCR -"Certified Corner Record P.C. Ste: 3176+91.05; as shown in Florida Department of Transportation
(FDOT) Right of Way Map for said State Road 5, Section:90020/90030,
EXIST. - Existing - . prepared by Maser Consulting P.A. (now known at Colliers Engineering &
0 FDOT - Florida Department of
ff
Design, Inc) dated April 01, 2019.
Transportation :
,- Existing Right of Way lines and Property Lines were derived from said Right
10, F.P. - Financial Project of Way Map for State Road 5 and the monumentation recovered on that
I.P. - Iron Pipe
survey.
LP.&C. - Iron Pipe and Cap Station and offsets shown hereon are relative to the State Road 5 Baseline
g
--2. LB - Licensed Business of Survey.
a LT - Left - Lands shown hereon were not abstracted for rightOf-way, easement of
s N/A - Not Applicable record, ownership; abandonments deed restrictions, or Murphy Act Deeds.
O.R.B. -Official Records Book This information shOuld:be obtained throUgh appropriate verification.
-:-.: PG. - Page - Reproductions of this map are not valid without the-original signature and
s, PICN&W - Parker-Kaion Nail and seal of the Florida Licensed Surveyor and Mapper In responsible charge:
0
Washer - Additions and/or deletions to survey maps, sketches or reports by any party
—
P.O,B. - Point of Beginning other than the signing party are prohibited without the written consent of
P.O.C. - Point of CCommencementcement the signing party
te
- Pro erty line -This Sketch to Accompany Legal Description is in compliance with the
p
Standards of Practice as set forth by the Florida Board of Professional Land
gi RGE. - Range
Surveyors and Mappers, referenced In Rule 51-17 Florida 'Administrative code
RT - Right
pursuant to Section 472.027, Florida Statues:
R/W - Right of Way
al SEC. -Section
a S;F. - Square Feet
F, SPK. 7 Spike
f S.R. - State Road
3 STA. - Station
g TWP. -Township
‘Ituniiri
....... -,.. „v.,. . lir
rti
..
.1-- —1 ..‘s• c'OS A. Di. Ili
0
,-- ,,,,-.., ,, ..---• , - -N,. - r //12. ..,f,L
DENig DENIS.' ni, et i ) c. DATE PROFESSIONAL URVEYOR ,1 AND APF!ER
. _
FLORIDA LICROJ E NO. 7017 ...
8 This document consists of two (2):sheets -: -,
s 1.• ri
V.' and neither shall be considered full,
1'.1. °
- ..'• el \ srATT g . i '; OT A SURVEY
g valid, and corri.lete without the other.
-
.,
FLORIDADEPART '0 ellitisP*iiiioN
, vo
..,
SKETCH TO ACCOMPANrktERAVRESCRIPTION
tin.111111
.
all STATE ROAD NO. 5
149NRPE COUNTY
W
tu
DAtE PREPARED BY: gra aIGINETTNG&oENBA INC DATA SOURCE:
BY
111.1 DRAWN OD 10/01/21 MARL FL 33185 ammo SEE GENERAL NOTES
e
REVISION Br DA1E CHECKED DD 10/12/21 F.P. NO. N/A SECTION 90030 SHEET I OF 2
=
10/12/20217:31;46 AM DDenis
_ _
DocuSign Envelope ID:FEB45F43-640A-42D8-9637-B0059EF6242C
1
ry PARCEL #
OWNER'S 111= NAME
FFLORIDA DEPARTMENT REMAINDER COMMENTS
th OF TRANSPORTATION 3,750 S.F. N/A
I M
1110
EXHIBIT "B
N
fr1
S.R. 5 (OVERSEAS HIGHWAY) EXIST. NORTH R/W LINES o
SECTION 90030 PER SEC. 90020/90030 z
Z G
116 717; 11.68
1169 1170
.6 97 N S 88°56'55" E
END SEC 90020 (BEARING REFERENCE)BEGIN SEC. 90030 �" OF SURVEY
+ +47.36
v N 50.00' RTin
tn
.-, EXIST. SOUTH MN LINE
r Q , S 88056,55" E 150.00, PER SEC. 90020/90030-
0
+97.36 25' cfn25' o�
50+9 RTIli In . N o r +97,36
NI
•
Fn" OQ '1N 88°56'55"_W 150.00'
o in
w DC P.O.B. +97.41
+47,40
0 M Q 75.00' RT 75.00 RT
o u z i . N EASEMENT
o i AREA O
N O
O = ti N
a .—i 111 Z ;-, MONROE COUNTY
Z w FDOT PROPERTY PARCEL ID: 00110841-000000
N 1ri - PER O.R.B..715, PG. 82 cni o °
N W in MONROE COUNTY m M
11 Z N PARCEL ID: 00]10840-000000 CO
E w1p CJN 10
0 10 W W C in
to
a O !h 11.1 ZmO
. W N iLet? �o 0 0
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ay UUNNo —Jlp Tri01.
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p , O- u71%) Zw
w a
.D: +47.75
a 257.55' RT +97.75
_ S 89°09'26" E 150.00' l 257.01' RT
8 -
S 89°09'26." E SOUTH LINE OF NW 1/4 OF-
0 50.00' MONROE COUNTY SEC. 25, TWP 665., RGE. 29E.
PI, I PARCEL ID: 00110B30-000600 i
RIDABIG PINE GOVERNMENT LOT 1,KEY
OFESEC. 25,COUTWP 665., RGE. 29E.
0
This document consists of two (2) sheets 20 40
FlFl and neither shall be considered full, �s�
valid, and com�lete_without the other. THIS IS NOT A SURVEY Scale: 1" = 40'
d _�
FLORIDA DEPARTMENT OF TRANSPORTATION
E,
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
§111.11.11111STATE. ROAD-NO. 5
_� � MONROE COUNTY
o -- DATE PREPARED BY: L�Qp5 6ENpNNE NG i DESIGN.INC DATA SOURCE:
a DRAWN DD 70/01J21 MUM%FL 3316E(le?3RIO SEE GENERAL NOTES ON SHEET 1
By DATE CHECKED DD 10/12/21 F.P. NO. N/A -10/12/20217:32:03 AM DDenls SECTION 90030 SHEET 2 OF 2
DocuSign Envelope ID:FEB45F43-640A-4 D8-g63•-B00 8EF6242C
Doc#2353345 Bk#3143 Pg#2123
Recorded 12/17/2021 1:48 PM Page 1 of 5
Deed Doc Stamp$0.00
Filed and Recorded in Official Records of
26-SPD.01 06/99(Public Purpose-No consideration) MONROE COUNTY KEVIN MApO>[C,CPA
This instrument prepared by, 6 .
or under the direction of, Parcel.No. : 6667
Trujillo, Es Item/Seg No, :4152302
Alicia Tru
J q. (FBN 822108) Sect/Job No. 90020 District Chief Counsel S.R. No. 5, MM 31
Florida Department of Transportation County
1000 NW 1111h Avenue, Miami, Florida 33172 Managing District: Six
nroe
QUITCLAIM DEED
THIS INDENTURE is made this 0 day of%.L_eci2,b72.i 2021, by and be
tweeSTATE OF FLORIDA by and through the STATE OF FLORIDA DEPARTMENT
n OF
TRANSPORTATION ("Department"), Grantor,.whose address is 1000 NW 111th Avenue,. Miami
Florida 33172, to MONROE COUNTY, FLORIDA ("County"), Grantee, a political subdivision of the
State of Florida,whose address is 1100 Simonton Street, Key West, Florida 33040.
WITNESSETH
" WHEREAS, on November 9; 1936, the Florida East Coast Railway conveyed certain lands
( Lands")to the Overseas Road and Toll Bridge District("ORTB"), by deed recorded in Deed Book -
6, Pages 46-55, of the Public Records of Monroe County, Florida; and G
WHEREAS, on September 4, 1954, ORTB conveyed the Lands,.ex cerin sections
(hereinafter the"County Lands"),to the County by Warranty Deed recorded ineOfficial eta
co rds Book
15, Page 374, of the Public Records of Monroe County, Florida; and
WHEREAS, on May 24, 1977, the County conveyed the County Lands to the Department by
deed recorded in Official Records Book 715, Page 82, of the. Public Records of Monroe County,
Florida ("County Deed"), which Lands included Parcel 6667 ("Parcel") hereinafter described in the
attached Exhibit "A"; and
WHEREAS,the County Deed binds the Department,as grantee of said County Deed,to return
to the County, upon request, any of the property conveyed to the Department which is not used for
right of way or any other road purposes ("Transportation Purposes"); and
WHEREAS, said Parcel is no longer required by the Grantor for Transportation Purposes,as
determined by Grantor,through action of the District Secretary,District Six . Florida Department of
Transportation, on February 29,2021,pursuant to the provisions of Section 337.25, Florida Statutes;
and
WHEREAS, Grantor and Grantee agreed that Grantor would hereby quitclaim the land
hereinafter described to the Grantee, as mandated by the County Deed, and that Grantor would
reserve certain easement rights to Grantor,as set forth in that certain"GRANT OF EASEMENT AND
COVENANT RUNNING WITH THE LAND"from Grantee and Grantor,recorded in the Public Records
of Monroe County, Florida, of even date herewith.
DocuSign Envelope ID:FEB45F43-640A-42D8-9637-B0059EF6242C
Parcel.No.: 6667
Item/Seg No.:4152302
SectMob No.: 90020
S.R. No.: 5, MM31
County: Monroe
Managing District: Six
NOW, THEREFORE, THIS INDENTURE WITNESSETH: That the Grantor; does hereby
remise, release, and quitclaim unto the Grantee,its successors,and assigns,forever,all the right,title,
and interest of the Grantor in and to the property described in Exhibit"A"attached hereto and made a
part hereof.
TO HAVE AND TO HOLD,the said premises arid the appurtenances thereof unto the Grantee.
THIS CONVEYANCE IS made subject to access control requirements, any unpaid taxes,
assessments, liens, reservations,or easements of any kind which may be in place,or encumbrances
of any nature whatsoever, which the Grantee hereunder and herein assumes.
The transfer.and conveyance of the real property e herein described is further subject to a
P
twenty-five(25)foot easement with the terms and covenants set forth in the"GRANT OF EASEMENT
AND COVENANT RUNNING WITH THE LAND"from Grantee and Grantor, recorded in the Public
Records of Monroe County, Florida, of even date herewith (the"Covenant").
SIGNATURE PAGE FOLLOWS
2
DocuSign Envelope ID:FEB45F43-640A-42D6-9637-B0059EF6242C
Parcel No.: 6667
Item/Seg No: 4152302
Sect/Job No.: 90020
S.R. No.:. 5, MM31 .
County: Monroe
Managing District Six
IN WITNESS WHEREOF,the State of Florida Department of Transportation has caused.these
presents to be executed in its name by its proper officers thereunto duly authorized,the day and year
first above written.
STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION
DoeuSlDed by: ,
DoeuSlDned by: By: "^'i?
Witness: StacLitetdAnkt
43E.
/Arks_'ra. District Secretary
BDE818C95DB5408.....
cDocuSlgried byLourdes Evora Executive secreA t Raul,
auxinName/Title .
FEC287D3E1CC478...
by:
Print Name Helen Shaheen
Witness: cDocuSIgned
ViS{ka �.tttsfa' Affix
Exec. Secretary
Department. Seal
9B3E21221o734D7...
Cristina Cuesta
Assistant to the Director of Operations
Name/Title
State of Florida
County of Miami--Dade
The foregoing instrument as acknowledge before me,9 by means of�physical presence or
online notarization, this dY Q
. day of e.eir7,04_2021, by Stacy L, Miller, P.E.
Secretary for District Six, FDOT, who is personally known to me, or has produced District
as identificatio
Notary Public State of Fionda Notary Pub n and r the County and State
Maria A Llanes merit' ove
.0, My Commission HH o49218
p�p, Expires 09/30/2024
Print Name
(Affix Notary Seal)
My Commission Expires: 09
3
DocuSign Envelope ID:FEB45F43-640A-42D8-g637-B0059EF6242C
N
EXHIBIT "A•,
gLEGAL DESCRIPTION -PARCEL 6667:
8
A tract of.land Ina part Of Government Lot1..Section 2$; Township.66 South; Range 29 East on Big:Pine Key; Monroe
Count
y, Florida, and being more particularlyy describedas follows:
COMMENCE at the.Southwest Corner of the Northwest one-quarter (1/4) of said
29 East; thence S 89.09 26. E; along the. South line of.said Northwest one-quarter(1/4)lon Zof Section'25;fo a distance
e
of 50,00 feet to.a oint on the.East:Riht of Way line of Industrial Road,'.'as shown on:the.Florida Department of
Transportation Right of Way Map for. said State Road 5, Section 90020/90030, sheets 4 and 5 of 7; dated April 1,
2019, and:the POINT OF BEGINNING of the following described Parcel:
Thence N,00.56'33" E. along said East Right of Way.line of Industrial Road, for a.distance Of 207.55 feet to the
Intersection with the South Right of Way line of.State-Road 5 (Overseas Hwy,), as shown on said.Right of.Way.Map;
thence.S 88°56'55" E, along said South Right of Way line of State Road 5,:for a distance
5 00°56'33" W for a distance of 207:01 feet to a point on aforesaid South line'of the Northwest one-quarter (1/4) of
p I of. 150,00 feet; thence
Section 25; thence N 89°09'26' W;.along said. South line of the Northwest one-quarter.(1/4) of Section'25; for a
distance of 150,00 feet to the POINT OF BEGINNING.
said lands containing 31,092 square feet, more or. less.
LEGEND:
GENERAL NOTES:
F.v - Parcel Number Bearings are based on the Baseline of Survey of State Road 5 (Overseas
III I Baseline Highway),having;a bearing Of S 188°56'55" E from P.I. Sta. 1152+82.55 to
:.Centerline. P.C.Sta. 1176+91.05, as shown in. Florida Department of Transportation
CCR - Certified Corner Record (FDOT) Right.of Way Map.for saidState:Road 5, Section 90020/90030,
. - Existing a EXIST g prepared by Maser Consulting,P.A..(pow known as Colliers Engineering &
i FOOT - Florida Department of Design, Inc:); dated April 01; 2019:
A Transportation =Existing Right of Way lines and. Property Lines were derived from said
F.P. - Financial Protect of Way Map for State Road 5 and'the monumentation recovered on thatght
I.P. Pipe curve
e I.P.&C. - Iron Pipe and Cap Station and offsets shown hereon are relative to the State Road 5 Baseline
� �B = Licensed Business of Survey,
; LT - Left - = Lands shown hereon were not abstracted for right-of-way, easement of
LTA - Not Applicable record, ownership, abandonments, deed.restrictions; or Murphy Act Deeds,
This information.should be obtained through appropriate
it O:R.B. - Off vial Records Book -Reproductions of this map are net valid withot h original rsignature and
m PG. : page seal of the Florida Licensed PK.N&W - Parker.Kaion Nall and -,Additions and/or deletions to$survey maps,maps,Sketches or reports)by
Washer other than the signing partyor and ppany party.
,° P.O.B. - Point of Beginning the signing are prohibited without the written consent of
5; P.O.C. - Point of Commencement Party.
- This Sketch to Accompany Legal Description Is in compliance with the
N � - Property line Standards of Practice as set forth by the Florida Board of Professional Land
2 RGE: - Range Surveyors and NJa
ppers; referenced in Rule 51=17 Florida Administrative code
f, RT - Right .. pursuant to Section 472.027, Florida Statues.R/W
- Right of Way
SEC. - Section
E S.F. - Square Feet
E SPK. - Spike
u S.R. • State Road
a STA. -Station
g TWP. -Township _ `ti,%\i11A.titriiity
N ' >1 ;'1 vi) �C` e Flu...--, I 2/2 c 1
DENIS DENIS -.. ' r 7017 6.' r
PROFESSlONA4•SU VEYOR:AND MA pER DATE
o This document consists of two (2) sheets FLORIDA L10EOSEE 1O. 7017
11
a and neither shall be considered full, y f w
E valid,and corn•lets without the other.
/
® °-�: sTIl So S N f g A SURVEY
®s.
FLORIDA DEPARTMEiifZ \T' • 11
:•RT O.h!
ix
� SKETCH TO ACCOMPANY. �/�,�� '
iu
_ r@; SRIPTION
o' STATE ROAD. NO. 5 "'
MONROE COUNTY
-
BY DATE PREPARED BY: COWERS ENGINEERING 6DESIGH.WC DATA SOURCE:
e fi:°°FAY 33 STREET%
a DRAWN OD MOM]
FL 33162(taT3asl SEE GENERAL NOTES
DATE CHECKED DD 1oj72/27 IMIC:=1111 BY FP N .NO. N/A
roli2/Zo217:28;52 AM • Open's SECTION 90030 SHEET 1 Q
F2
•
DocuSign Envelope ID:FEB45F43-640A-4.2D8-9637-80059EF6242C •
•
• ! : PARCEL# . OWNER'S NAME • PARCEL AREA '.REMAINDER
3 6667 FLORIDA DEPARTMENT COMMENTS
M OF TRANSPORTA170N . 31.092 S.F. 0.00 S:F.
..
•
m
• EXHIBIT "A"
�1 O
o o S.R. 5 (OVERSEAS- HIGHWAY) Exist• NORTH R/W UNE . 11c2cc
ell::
SECTION 90030 PER SEC. 90020/90030
•
in
• 1167� 1168
•
1169 1170
66+97 26 N 5 88°56'55" E
END SEC. 90020 (BEARING REFERENCE)
BEGIN SEC. 90030 N OF SURVEY
bl-
in
EXIST..SOUTH MN UNE
~" PER,SEC. 90020/90030 A .
+97.36 gii 1•:i261 • -S 88°56'55° E 150.00' . —
• 50.00' RT • — ` +47.36 +97.36
Lu p 50.00' RT 50.00' RT
Er) 0
a
uj CC
c
w O° - -.!
• M
3 - O M g
IL LLI .. ^ O
c` O N c in , O • FDOT PROPERTY p
Z m N PER O.R.B..715, PG. 82 N . • MONROE COUNTY
•
MONROE COUNTY PARCEL ID: 00110841-000000
w 0 Z W PARCEL ID: 00110840-000000 3
�? c
N Ili
M ■
•
U.E. vi U N to rn
W O
O 1O W w o 6667
c� W a ' 0 U. M O OIn
m n 0 O O
�n Z Map p Z O
74
Ouio� � Z� {� u)
s V VN `u1 Mto in -
~' 4 V3i Y.Z w D_ W P.O.B. +97.75
NOT SUBDIVIDED
W
s w a +47.75 257.01' RT
.1 waw 257.55'• RT
B N 89°09'26" W 150.00' . -�
s . .a k.L'4'
S 89°09'26" E SOUTH LINE OF NW 1/4 OF= �
g 50.00' MONROE COUNTY SEC. 25, TWP 665., RGE. 29E.
• I PARCEL ID: 00110830-000600 I
BIG PINE KEY, MONROE COUNTY, FLORIDA
GOVERNMENT LOT 1 N.W. 1/4 OF SEC. 25,
TWP. 665., RGE. 29E.
•
o , This document consists of two (2) sheets 0 • 20 40
D,• and neither shall be considered full, e•srImm..0
'valid,-and complete without the other. THIS I5 NOT A SURVEY Scale: 1° = 40'
FLORIDA DEPARTMENT OF TRANSPORTATION
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
i STATE ROAD NO. 5 MONROE COUNTY
1 --- ® BY DATE PREPARED BY: COWERS ENGINEERING E.DESIGN.INC. DATA SOURCE: -_
6290 NW 64 STREET
DRAWN Do IO/O1R] MGNL n.33166 tunnel SEE GENERAL NOTES ON SHEET I
R REVISION BY DATE CHECKED: F.P. NO. N/A - - -
10/12/20217:29:20 AM DDenls DD ]O/12/2] SECTION 90030 SHEET 2 OF 2
i
- i
i