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Item C2 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY . Meeting Date: May 23.2008 Bulk Item: Yes XX No Division: County Attorney Staff Contact Person: Pedro Mercado AGENDA ITEM WORDING: Approval to rescind the Declaration of Easement between the Utility Board of Key West (Grantor) and Monroe County and Clear Channel Broadcasting, Inc. (Grantees) approved at the May 21, 2008 meeting and approval to execute the Declaration of Easement between the Utility Board of Key West (Grantor) and Monroe County and Clear Channel Broadcasting, Inc. (Grantees) as presented on May 23,2008. ITEM BACKGROUND: The Utility Board of Key West is preparing to sell its parcel of property which the County uses for access to the State of Florida. In preparation for the sale, the County and the Utility Board have been working on a declaration of easement that would be satisfactory to the State as well. J."~fie meet~n~.~~.~~' but before the County could review it, a final draft was submitted to the Cotll'ity. 11ie State wants to limit the current easement to the utilities and uses in place and has removed references to sewage or wastewater; however, the State agrees to modifY the easement at a later date when more definitive information can be provided with regards to placement ofthe wastewater lines. PREVIOUS RELEVANT BOCC ACTION: Approved previous version of the Declaration of Easement on May 21, 200.~P-12)j CONTRACT/AGREEMENT CHANGES: See Attachment. STAFF RECOMMENDATIONS: Approval TOTAL COST: N/A BUDGETED: Yes No COST TO COUNTY: N/A SOURCE OF FUNDS: REVENUE PRODUCING: Yes XX No AMOUNT PER MONTH $7.000 + Year APPROVED BY, ili"., ~/ OMBlPw<h"", ____ """ _~,_ DOCUMENTATION: Incl ed XX Not Required_ DISPOSITION: AGENDA ITEM # (l/d- Revised 2/05 Re: Declaration of Easement - Utilitv Board City of Kev West (Grantorl and Monroe County and Clear Channel Broadcastinc (Granteesl As Approved bv BOCC 5/21/08: 5/23/08: Final Draft for Approval Pace 2. Sec. 1. Grant of Easement: Line 9/10: Changed language from: "... water and wastewater." including sewage or wastewater)." TO ".. .and water (but not Paae 3. Sec. 2.2. Repairs Defined: Lines 8/9: Added additional language in Final - reads: "..to and from the Benefitted Parce/s." wastewatea to and from the Benefitted Parcels. " TO Added language: "(not includina sewaae or Paae 3. Sec. 2.6 Wastewater Improvements Section FROM FINAL DRAFT DELETED THIS SECTION Paae 3. Sec. 2.7 Record Keepina result of Deleted Wastewater Improvements Section Changed to Section 2.Q..as a Paae 4. Sec. 6. Personal Iniury and Property Damaae Liability: Line 1 Changed the word "parties" TO "Grantees" Paae 4. Sec. 6. Personal Iniury and Property Damaae Liability: Line 6 Deleted the language: This language DOES NOT appear in Final Draft. "Any liability arising out ofthe installation of wastewater Improvements referenced in paragraph 2.6 of the Declaration shall be borne solely by Grantee Monroe County." Paae 5. Sec. 10. Easement Burden: Lines % Changed language from: "wastewater treatment plant" and closed landfill" TO "solid waste transfer station This Instrument Was Prepa>ed By, Record and Return to: Erin H. Nevius, Esq. EDEN & NEVIUS, PL 302 Southard Street Suite 205 Key West, FL 33040 (305)294-5588 DECLARATION OF EASEMENT This Declaration of Easement (the "Declaration") is made and entered into as of --,2008 by and between the Utility Board of the City of Key West, Florida, a utility board created by special Act of the Florida Legislature, its successors and assigns (the "Grantor") having an address of 1001 James Street, Key West, FL 33040, and Monroe County, Florida, a political subdivision of the State of Florida, its successors and assigns, having an address of 1100 Simonton Street, Key West, Florida, and Clear Channel Broadcasting, Inc. a Nevada corporation, successor by merger to Clear Channel Metroplex, Inc., a Nevada corporation, its successors and assigns, having an address of93351 Overseas Highway, Tavernier, FL 33070 (collectively referred to as the "Grantees"). RECITALS A. The Grantor is the owner in fee simple of the real property described in Exhibit "A" attached hereto and made a material part hereof(the "Easement Parcel"). B. Grantee Monroe County, Florida, is the owner in fee simple of the real property described in Exhibit "B" attached hereto and made a material part hereof C. Grantee Clear Channel Broadcasting, Inc. is the owner in fee simple of the real property described in Exhibit "c" attached hereto and made a material part hereof D. The lands described in Exhibits "B" and "c" are collectively referred to as the "Benefitted Parcels." -1- CONSIDERA nON NOW., THEREFORE, in consideration of the sum of TEN AND NO/IOO DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the following grants, agreements, covenants and restrictions are made: TERMS. AGREEMENTS. COVENANTS AND CONDffiONS I. Grant of Easement. Grantor hereby grants and conveys to Grantees and their respective successors and assigns and unto the owners, lessees and occupants of all or part of the Benefited Parcels, their heirs, legal representatives, successors and assigns, and unto their servants, agents, employees, guests, licensees, and invitees, a non-exclusive easement across the Easement Parcel. The easement herein granted is an appurtenant easement and is for the purposes of ingress and egress for persons, motor vehicles, material, equipment and trailers to and from the Benefited Parcels, and also for the purpose of providing the following utilities to the Benefitted Parcels: electricity, telephone, telegraph, and other electronic signals, and water (but not including sewage or wastewater). The Easement Parcel shall not be used by Grantees for the storage of vehicles, trailers or articles of any kind, disposal of trash, including but not limited to tires, hazardous materials, leachate, vehicle fluids, or any other solid or non-solid waste. "Hazardous materials" shall mean any hazardous or toxic substance, material or waste of any kind or any other substance which is regulated by any enviromnentallaw. For the purposes of this Declaration of Easement, "environmental law" shall mean all federal, state and local laws, including statutes, regulations, ordinances, codes, rules, judgments, orders, decrees, permits, concessions, grants, franchises, licenses, agreements and other govermnental restrictions relating to the protection of the environment or human health, welfare or safety, or to the emission , discharge, seepage, release or threatened release of any contaminate, chemical, waste, irritant, petroleum product, waste product, radioactive material, flammable or corrosive substance, explosive polychlorinated biphenyl, asbestos, hazardous or toxic substance, material or waste of any kind into the enviromnent, including without limitation, ambient air, surface water, ground water, or land including, but not limited to, the Federal Solid Waste Disposal Act, the Federal Clean Air Act, the Federal Clean Water Act, the Federal Resource and Conservation and Recovery Act of 1976, the Federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Federal Superfund Amendments and Reauthorization Act of 1986, Chapters 161, 253, 373, 376 and 403, Florida Statutes, rules of the U.S. Enviromnental Protection Agency, Rules of the Florida Department of Environmental Protection, and the rules of the Florida water management districts now or at any time hereafter in effect. The Easement Parcel shall not be used as a staging area by the Grantees and Grantees shall not remove, damage, or destroy the gate that is located at the entrance of the Easement Parcel adjacent to Blimp Road. Grantees shall provide access to Grantor, its lessee, and their respective agents, employees, guests, licensees and invitees to the Easement Parcel at any time by issuing Grantor a key to said gate. 2. Maintenance. Repair and Improvement of the Easement Parcel. Grantees are responsible for the improvement, upkeep, repair and maintenance of the Easement Parcel as set forth herein, provided, however, that before undertaking any such activities, Grantees shall obtain the prior written consent of Grantor, which shall not be unreasonably withheld. -2- 2. I Exotic Plants: Grantees shall not cause invasive exotic plant species as defined . by the Monroe County Planning and Environmental Resources Department to be introduced to the Easement Parcel including, but not limited to the Brazilian pepper, Australian pine, leadtree, seaside mahoe, and Asiatic colubrina. 2.2 Repairs Defined: The repairs and maintenance to be undertaken and performed under this Declaration, whether necessitated by normal wear and tear, accidental or intentional damage, or acts of nature, will include, but not be limited to the following: improve, maintain, repair, and replace the road and/or shoulder of the road; landscape restoration slope/shoulder mowing, litter pickup, dangerous tree removal, landscape maintenance, tree trimming, and washout repair; repair and maintenance of all pipes, conduits, poles, wires, and cables that transport electricity telephone, telegraph and other electronic signals and water (not including sewage or wastewater) to and from the Benefitted Parcels. 2.3 Condition of Property: Following the repair or maintenance of the Easement Parcel and/or utilities aforementioned, Grantees shall restore the Easement Parcel to the condition which existed prior to such work, including without limitation, the restoration of all roadways, curbs and drainage, all at Grantees' sole cost and expense. 2.4 Grantor Repairs: Grantor, Grantor's lessee, agent or invitee shall be responsible for any and all repair of damages caused to the easement parcel for which they are found legally liable. 2.5 Apportionment of Expenses: The Grantees agree to bear the costs and expenses of repairs and maintenance authorized pursuant to and during the term of this Declaration as follows: Monroe County, Florida agrees to bear 95% of the costs and expenses. Clear Channel Broadcasting, Inc agrees to bear the remaining 5% of the costs and expenses. 2.6 Record Keeping: The Grantees shall keep records of all activities performed and costs expended pursuant to this Declaration of Easement. 3. Contingencv. This Declaration and the grant of easement rights contained herein is contingent upon the sale of the lands which include Easement Parcel to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida ("Board of Trustees"). Should the sale of such lands to the Board of Trustees fail to close and title not be transferred from the Utility Board of the City of Key West to the Board of Trustees on or before July 1, 2009, then this Easement is terminable at will by the Utility Board of the City of Key West. 4. No Public Dedication. Nothing contained in this Declaration shall, in any way, be deemed or constitute a gift of or dedication of any portion of the Easement Parcel to the general public or for the benefit of the general public whatsoever, it being the intention of the parties hereto that this grant of Easement shall be limited to and utilized for the purposes expressed herein and only for the benefit of the persons herein named. -3- 5. Indemnity. Grantee Clear Channel Broadcasting, Inc. hereby agrees to indemnify and hold harmless the. Grantor from any and all actions, causes of action, claims, liabilities, demands and losses of any kind whatsoever which may be filed or made against Grantor by reason of the Grantee's, Clear Channel Broadcasting, Inc., use of the Easement Parcel and the rights granted hereunder. The failure of the Grantor to notify Grantee Clear Channel Broadcasting, Inc. of a claim shall not release the Grantee from any of the requirements of this section. 6. Personal Iniury and Property Damage Liability. Any liability of the Grantees for personal injury to any worker employed to make repairs under this Declaration, or to third persons, as well as any liability of the parties for damage to the property of any worker, or of any third persons, as a result of or arising out of repairs and maintenance under this Declaration, will be borne, as between the Grantees, in the same percentages as they bear the costs and expenses of the repairs and maintenance. Grantee Monroe County is a state agency subject to limited liability under 9768.28, F.S., and maintains adequate insurance to respond to any liability in excess thereof Pursuant to F.S. 768.28, Grantee Monroe County's liability is limited to $100,000 per person, $200,000 per occurrence. The Grantees will be responsible for and maintain their own insurance. 7. Binding Effect. The terms and conditions of this Declaration shall run with the Easement Parcel and shall be appurtenant to the Benefitted Parcels, and shall inure to the benefit of and be enforceable by the Grantees and the Grantor, their respective legal representatives, successors and assigns. The Grantor and the Grantees shall each have a right of action to enforce by proceedings at law or in equity all conditions and covenants imposed by the provisions of this Declaration, or any amendment thereto, including the right to prevent the violation of such conditions and covenants and the right to recover damages for such violation. 8. Liens. Fee title to the Easement Parcel is held by the Grantor, and Grantees shall not do or permit anything to be done which purports to create a lien or encumbrance of any kind against the real property interest of Grantor. Grantees may bond over and contest the validity of any mechanic's lien in lieu of payment thereof 9. Non-Exclusive Easement. The easement granted herein is non-exclusive, and Grantor retains the right to engage in any activities on, over, below or across the Easement Parcel which do not unreasonably interfere with Grantees' use of the Easement Parcel for the purposes specified herein. Grantor further retains the right to grant compatible uses to third parties during the term of the Declaration and the easement rights granted herein. 10. Easement Burden. It is understood and agreed that the burden upon the Easement Parcel contemplated by this Declaration is based upon the level of usage of the Easement Parcel imposed by the use of the Exhibit "B" lands (owned by Monroe County) as a solid waste transfer station and closed landfill and the Exhibit "C" lands (owned by Clear Channel Broadcasting, Inc.) as a broadcasting tower site. Any increase in the burden upon the Easement Parcel is not permissible. -4- 11. DEF AUl.T In the event that either of the Grantees breaches any provision of this Declaration, then in addition to any other remedies which are otherwise provided for in this Declaration, the Grantor in its sole discretion may exercise one or more of the following options, after written notice to the Grantees: a.) Pursue a claim for damages suffered by the Grantor; b.) Pursue any other remedies legally available; c.) Perform, by its employees or through hired contractors, any repair, improvement, or maintenance work and seek repayment for the cost thereof from the Grantees; d.) Suspend use of the Easement Parcel by the Grantees until the breach is cured; or e.) Terminate this Declaration of Easement and the easement rights granted thereby. 12. No Waiver. Failure by either party to enforce any covenant, condition or restriction contained in this Declaration in any certain instance or on any particular occasion shall not be deemed a waiver of such right on any future breach of the same or any other covenant, condition or restriction. 13. Severability. Invalidation of anyone or a portion of these covenants, conditions and restrictions by judgment or court order shall in no way affect any other provisions, which shall remain in full force and effect. 14. Notices. Any notice hereunder shall be in writing and shall be deemed to have been properly delivered when directed to the addressee as follows: If to Grantee Monroe County: Monroe County 1100 Simonton Street Key West, FL 33040 Attention: County Administrator With a copy to Grantee's Attorney: Monroe County Attorneys Office P.O. Box 1026 Key West, FI. 33041-1026 Phone: 1-305292 - 3470 Fax: 1-305292 - 3516 If to Grantee Clear Channel Broadcasting, Inc. Clear Channel Broadcasting, Inc. 93351 Overseas Highway Tavernier, FL 33070 -5- With a copy to: Clear Channel Real Estate, LLC 200 E. Basse Road San Antonio, TX 78209 If to Grantor: Utility Board of the City of Key West 1001 James Street Key West, FL 33040 Attention: Lou Hernandez, Chairman With a copy to Grantor's Attorney: Nathan E. Eden, Esq. EDEN & NEVIUS, PL 302 Southard Street, Suite 205 Key West, FL 33040 Any notice, request, demand, instruction or other communication to be given to any party hereunder, shall be in writing and shall either be (i) hand delivered, (ii) sent by Federal Express or a comparable overnight mail service, or (iii) sent by telephone facsimile transmission provided an original copy of the transmission shall be mailed by regular mail, all at or to the respective addresses set forth above. Notice shall be deemed to have been given upon receipt or refusal of delivery of said notice. The addressees and addresses for the purpose of this paragraph may be changed by giving notice. Unless and until such written notice is received, the last addressee and address stated herein shall be deemed to continue in effect for all purposes hereunder. 15. Captions. Captions used in this Declaration are for information purposes only and do not alter, modify or add to the terms of this Declaration. 16. Governing Law. This Declaration will be governed and interpreted pursuant to the laws of the State of Florida. Grantor and Grantees, their successors and assigns, shall perform all of their respective obligations under this Declaration in compliance with all applicable laws. 17. Modification/Entire A~eement. This Declaration may be modified only in a writing executed by the parties to this Declaration or their respective successors or assigns. This Declaration constitutes the entire agreement between all of the parties with respect to the subject matter hereof and shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 18. Waiver of Jury Trial. Grantor and Grantees hereby knowingly, voluntarily and intentionally, waive trial by jury in any action brought by one against the other in connection with any matter arising out of or in any way connected with this Declaration. This waiver shall apply to any original claim, counterclaim, cross claim, or other claim of any kind asserted by either party in any such action. None of the parties nor any representative of any of the parties, including counsel, has represented to the other that it would not seek to enforce this waiver of right to jury trial in any such action. The parties acknowledge that the provisions of this section are a material inducement to their entering into this Declaration. -6- As to the Grantor: UTILITY BOARD OF THE CITY OF KEY WEST, FLORIDA, A UTILITY BOARD CREATED BY SPECIAL ACT OF THE FLORIDA LEGISLATURE Witnesses: Printed Name: Printed Name: By: Lou Hernandez, as its Chairman STATE OF FLORIDA ) COUNTY OF MONROE ) The foregoing instrument was acknowledged before me this _ day of , 2008 by Lou Hernandez, as Chairman of the Utility Board of the City of Key West, Florida, a utility board created by Special Act of the Florida Legislature, on behalf of said Utility Board, who is personally known to me or produced a as identification. Notary Public State of Florida at Large My Commission Expires: Tms PORTION LEFT BLANK INTENTIONALLY -7- As to the Grantees: MONROE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA (SEAL) ATTEST: D~L.KOLHAGE,CLERK By: By: BOARD OF COMMISSIONERS OF COUNTY, FLORIDA COUNTY MONROE Deputy Clerk By: Charles "Sonny" McCoy, as Mayor PEDFlO J. RCADO _ j D~SSISTANT co TV ATTORNEY 5i 2 qG g- Witnesses: CLEAR CHANNEL BROADCASTING, INC. A NEVADA CORPORATION, SUCCESSOR BY MERGER TO CLEAR CHANNEL METROPLEX, INC., A NEVADA CORPORATION Printed Name: Printed Name: By: Charles G. Dan III, Sf. Vice President (CORPORATE SEAL) STATE OF COUNTY OF ) ) ) The foregoing instrument was acknowledged before me this _ day of , 2008 by Charles G. Dan III, as Sr. Vice President, of Clear Channel Broadcasting, Inc., a Nevada corporation, successor by merger to Clear Channel Metroplex, Inc., a Nevada corporation, on behalf of said corporation, who is personally known to me or produced a as identification. Notary Public State of Florida at Large My Commission Expires -8- EXHmIT "A" LEGAL DESCRIPTION THE EASEMENT PARCEL -9- !j ,.,-,"-." .. ~ ~ .r......... alii t ~.......,.. 5~"'~.' i ~ i- .t:3 :1" .r---~:~~ ~: -ia ~ I~ ~;; i-u~ ,~, ~ -=""~ ~, -- ia, I!' ---i "I Ib",H~ ;' er.m:R'.*''''~O",H'''1 i I"" .., D "!""'''''';;ij'ij'I'I! illiiUi~f...n;, _~;~ ~. ~ '~IH<"Ki~~.l ~<I'I!' "!L",,, 'I' ",'I'I,,11! i i 'I,ll,,, . - i U ~'~ 'i I;.,'; , II ~, i ~ 5~, ' . .' I! '! !~ !! .R Ii jl " n II. ~~I i';:::"'C~.= ;n I'i ' H I' I(l > ql ! h~ !ili !!~H~~ nl~ !~h~ !I ~ '! l~ ,@ : ~ ; ~. '" '!! iiiiiiiiil!lll' !!i~HUL !mlll!! : 111m! ii! ~ .""""-'IIY.'....n~EY !IlE!'T ""- FKE; (Il. ~1~Jo~E~.y w.., r10ridQ l.t U'WI1800r<!O!f'orOOIIQI80 , Iii -,' I .1 ~~ ,[ ;' fl> """00 ,. . l~'i' ~,~~ i"I' I" , ' I" mi.!,! -. !~~. ~.;: ~;:: ", ~~ , . " ~ND;DO"""""" . 'II ~ ~i ~ ~!~~ 8 r' .!l '. ! ~ ;g 'c .- "0 "g; gg ;1 !, ,. ~ ii II il I '!~~rf\ I ~:lJ/ i i I I ~. 'il " 'I' lil H I I' ,I i , , , " \\ \\ '\, ""~">" , ,. \ ',\ \, \-"\ , " , " , " , " , " , " \:'1: \r; 'i , " , " " , " , " , " , " , 1'.1 \ \;m) " , " , " , " , , " , " , " , " , " \ \ \ !R \ \ \ 5~ ll~ /, '," ~ ~ ~ ~t ~'I ~- ~~. j , ~ ;1 .k _n--i- ,n I" !! .f. Ii!, I. il!' ,.. ~i! 'I! Ii ,. ..._..",0''''/<10 =-= .....":::';.,~ 'Of ::::" " ::.~.... ',,-.:><e' """""""" ..."'" RONMEN1'AL PROTECTION .. .DEPT."fEN":""RVEY,""~Gn.,,"'" DUIlUUO.,.. ? """"""""""'m,)...-"," I EXHIBrr A EXHIBIT "A" A 50.0 FT. WIDE EASEMENT FOR INGRESS/EGRESS, LYING 25.0 FT. EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE, TO WIT: COMMENCE AT THE SOUTHWEST CORNER OF GOVERNMENT LOT 9 OF SECTION 20, TOWNSHIP 66 SOUTH, RANGE 28 EAST; THENCE RUN NOO"OO'52"W, ALONG THE WEST LINE OF SAID SECTION 20, A DISTANCE OF 366.35 FT. FOR A POINT OF BEGINNING; THENCE RUN N84"59'42"E ALONG SAID EASEMENT CENTERLINE, A DISTANCE OF 2348.90 FT. TO THE INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF "BLIMP ROAD", A 100 FT. WIDE PUBLIC RIGHT-OF-WAY AS SHOWN ON STATE ROAD DEPARTMENT RIGHT-OF-WAY MAP SECTION 90600-2150. AND THE TERMINUS POINT OF SAID EASEMENT CENTERLINE, BEING AND LYING IN SECTION 20, TOWNSHIP 66 SOUTH, RANGE 28 EAST MONROE COUNTY, FLORIDA. THE PERIMETRICAL BOUNDARIES OF WHICH EXTEND TO THE INTERSECTION WITH THE WESTERLY LINE OF GOVERNMENT LOT 9 OF SECTION 20, TOWNSHIP 66 SOUTH, RANGE 28 EAST ON THE WEST AND THE INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF "BLIMP ROAD" ON THE EAST. 8SM. ?_ DATE 5-6-05 FKElCudjoa Kay CIty of Key Wast Utnlty Board Parcel #10180 Proposed Ingress/Egl'8S6 Easement Page 1 of , EXHffiIT "B" LEGAL DESCRIPTION OF THE BENEFITED PARCEL OWNED BY MONROE COUNTY, FLORIDA -10- ~.. '-..( ,\ .r I I I j . ,,_\,~';:itl " r""'"~"'" \ "~..q~,1da w=~='t 11.3618 IE: 704 tAt! 686 }:,,~~,,'t;':I:;;;n;;;Zh';,;'n;,,;;.:i''; --itlli~ ~ttb#tttttt'tt. . 25th /. e , {, "',v 1-'. Made tlU. 00rI of February . A. D. 1977 I Between WASTE MANAGERENT OP FLORIDA, INC. . d/b/a Florida Disposal Co. o corporGeton. 6JUtt~ under tluJ law. 01 tM 8tGte 01 P lor ide OOvl"" tta prmmpal pl-ao. 01 bruins.. tb the Coun.ty 01 Monroe and 8tGt6 a/Florida ptJ1'tg 01 the flrat part, arid MONROE COUNTY, FLORIDA, II political subdivision of the State of Florida 01 tM Oounty of MONROE ",ad &ate of FLORIDA pGrty 01 the ,scOM part, Witnesseth. That tAB lIold pMtg 01 U"" jlrat part,/or /lnd In oonndemtlon of ~t ~':.~ ::/:,. If,t.O ;2,o.IpL;;;;;';ij;-';;'.bU-;;;;;;,.;;t.d:i;d;J;;;;-i;;;;;"'~:: talluld, 1014. 011_. remt.ed. reloGled. oonveyed oM con/lrmed. and bv tll... prfJIen.tI dot'" frattt, bar/lain, cell, a~".., ,emUs, relNlle, oonfHlll a7Ul oo1t/lr1n unto the,oId port y 01 the ,eOOM port, GJId it. M$r. mad...".,. forever, oU that oertGIn parcel oflG7a4 'Pt mad belq In ~ ao",,.tg 01 Monroe and St4te of JI'lorlilo, mon portloulMly m.rib<<lM followl: A tract of land in a part of Government Lot 8. Section 19, T. 668., R. 28 B., on Cudjoe Key. Monroe County. Florida and being more particularly described by metes and bounds as follows; Commencing at the Southeast Corner of Government Lot 8, Reid Corner e180 to be known aa the Point of Beginning of the tract of land hereinafter de~ Bcribed. bear West along the South Lin. of Govern- ment Lot 8, 415 feet; thence bear North 1050 feet. more or lest;. to the aboreline, thence meander the shoreline in an Easterly direction, 415 feet, more or 1ellll to a point which ill bearing North f;rom aJIIIun Point of Beginning; thence bear South 1050 f..e;: ::;; I", more or les8. back to the Point of Beginning. ..J;a:;:: hining 10 lIexes more or 1es8. ~;!:::= - !:'lS~ ~ g'-~:: -a =i=;;:::': :r:: g"'~= -3 f; ~CI - ~ J . ;;1 [ "'1 I ;;; I I , I I . I Toa:etber with aU the teMmen.tI. 1,.,.edltGmenu and fJpp,,,,.ten41UJa. with. .ve,., p"""lo, rl,lI,.t, UUo. '",te,.ae and ..tot.. ,.eoenlon. r.,,""nd.,. G,1d eGleme,,,t t1t.,.eto belo",,,.nl or i,.. an.ywi.,ct apperttJlnine: To Have and to Hold tl\o "'.... I" f.. ,lmpl. forw.r. .A1&tl the ,aid pa,ty of th.G /lr,e part datA. covencmt with. t4. laid ptUlIf of ehe ,eoond po,.t tJUJt i.t ,:, lGlIIfullU nlud 01 tAB laid prlJ1nl8u; that tn.1I are free oloU mown-bronce,. and that tt luJ. loW rlllht ulUllawful authority to .eU tkg IfRI'I,4j and the ,aid pwtg 01 the "r,t port dot" llfJreby fuJl.u WGI'l'aJIt the Utle to I6kl lcmd. and will dofoncl ehe lamo altJbMt the laW/ill ol4tmI 01 aU per.on, WMmlIOeve,.. fIn Wltn Whereot; tlle ,old party of tll. II'" part lIa' CGused tl .prae",t, to "8.1Jwtd in ttlnamf by It. Preftd.,.,t, I H. Wayne Huize sa a.n4l.t, F'pOrwu,ealto beGfftud..lJtt..eedbylt' Secretary I (CorpoNt~\. rcw. .~ud80n tM"lI and 1/ea,. Ghot'fJ wrltt.". &a!., WAftB MAl1AGptENT OF P.LORlDA. I Att..t, _.. _ IIIIe-;-;-"'m. -flori~'l Cpo . . ecret:ary t/tfl"'l" ; o a te Management of Florida, Inc. By ...,/~": - p; ti1f,.t. ( ! Stpled. "led .ad De1lnl'ed In Our Preaence: , . O,.,L -/.k'-4-.S.. ~~._..u , .'a_l_.... ..I., J(..._.... .w. aoeU14I:"O' ..nc",\"'" ."'~~ .\TfOIU<4E>" 111 L-'.... lliCIU.om ~. P~"'Nr: P. o.s;ox ~,_,.r:EYWUt. FL!;':;!::'.\ EXHIBIT I e, -, ~ .J EXHIBIT "C" LEGAL DESCRIPTION OF THE BENEFITED PARCEL OWNED BY CLEAR CHANNEL METROPLEX, INC. -11- EXlllBIT "c" LEGAL DESCRIPTION OF PROPERTY OWNED BY CLEAR CHANNEL BROADCASTING, INC. On Cudjoe Key, Monroe County, Florida, and being all of Government Lot 8 of Section 19 in Township 66 South, Range 20 East, LESS AND EXCEPT the East 893.1 feet thereof; containing approximately (9) nine acres. EXHIBIT I C,