Tract B, Porpoise Point Section Five 10/18/2006
Clelt( of 1IIe
Circu. coun
Danny L. Kolhage
omce (305) 295.3130 Fax (305) 295.3663
Menwrandum
To:
David S. Koppel, County Engineer
From:
April Pearson
Isabel C. DeSantis, Deputy Clerk J...eJ.J
Attn:
Date:
Thursday, November 30,2006
At the BOCC meeting on October 18, 2006 the Board granted approval ofthe
following item:
Sewer Utility Easement for the Southerly 20.00 feet of the Northerly 95.00 feet of
Tract B, Porpoise Point Section Five, Big Coppitt Key.
Enclosed please find the fully executed original Sewer Utility Easement for your
handling - to be recorded in the Official Records of Monroe County, at the cost of$44.00,
payable to the Clerk of Court. In Addition, the attached DR-219 form needs to be
completed by the County Attorney's Office. Should you have any questions concerning
this matter, please do not hesitate to contact this office.
Copies: Finance
County Attorney
File /
This instrument prepared hy.
or under the direction of.
Pedro J. Mercado. Esa.
FBN 0084050
Office of County Attorney
P.O.Bo, 1026
Key West. FI. 33041-1026
SEWER UTILITY EASEMENT
THIS SEWER UTILITY EASEMENT is made this )ff!.- day of tJcftJ~, 2006,
by and between the Monroe County Administrator, Grantor. whose address is 1100 Simonton
Street. Suite 2.205 Kev West. FL 33040. to BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, Grantee.
WITNESSETH:
WHEREAS, the Grantor is the owner of property known as the "future work force
housing site" situated at Big Coppitt Key on the north side of US Highway 1 within Section 22
Township 67 and Range 26 with physical address of Tract B, Porpoise Point Section Five, Big
Coppitt Key, Florida described and depicted on Exhibit "A" attached hereto and made a part
hereof (hereinafter "Future Work Force Housing Property"); and
WHEREAS, the design of the Big Coppitt Wastewater collection system for the Big
Coppitt Service Area is being finalized, and
WHEREAS the Grantor owns property recommended for the construction of a
wastewater transmission line; and
WHEREAS, the Grantee's wastewater designer recommends installation of a
transmission main pipe commencing at approximately Emerald Drive and continuing to Sapphire
Drive within a 20 foot wide utility easement commencing at the northern boundary of the Future
Work Force Housing Property totaling approximately 0.13 acres, as shown in Exhibit "A" for
use, repair and maintenance, for future development and other public purposes; and
WHEREAS, it is necessary for Grantee to maintain the easement over the segment of the
Future Workforce Housing Property for purposes of providing sewer lines, use, service, repair
and maintenance; and
NOW THEREFORE, in consideration of the mutual covenants and obligations contained
herein, and for other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties agree that the Grantor does grant to Grantee, its agents, its
successors and assigns, a perpetual and non-exclusive easement on, over and above the above-
described Future Work Force Housing Property for the purpose of utility installation, limited
ingress, egress and maintenance within said described property, providing that Grantee has the
right to construct, alter, and maintain sewer, conditioned upon the Grantee restoring any of the
Grantor's property disturbed in the construction, alteration, repair, maintenance and connection of
said sewer lines to its original state and Grantee holding Grantor harmless for the acts and
omissions of its officers, employees, agents and contractors, and upon the representation that
Grantee is a state governmental agency as defined by Florida Statutes and shall maintain suitable
Public Liability insurance or be self-insured, in amounts adequate to respond to any and all claims
within the limitations of Florida Statute 768.28 arising out of the activities authorized in this
easement, as reflected by the Grantee's acceptance of the conditions below. This Easement across
the Future Work Force Housing Property to the Wastewater Treatment Plant Transmission
System is more particularly set forth on the diagram and labeled 20' Utility Easement 0.13 AC
Exhibit "A".
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed in its
name by its County Administrator, the day and year first stated above.
Printed name of witness
STATE OF FLORIDA
COUNTY OF MONROE
COUNTY ADMINISTRATOR
SIGNATURE r-
~v
"...m.J3JofQ!ffi ME..,the..J.UKt~sigll~d authority, personally appeared :h(." ''''. J,
(wbo is per.s,gllll!Iy, knowll.,.~_me;) or has produced
----.- ,- , respectively asT<lentification.
Sworn to and subscribed before me this 13 day ofCtojc~r, 20~.
J........,.........I.....,..........,I....~
. CONSTANCE A. CYR! /. ( . /.
. .
: ~~~,l"~';~' Com" DDOIOI77Z : Ii /
. tf!J..~ .......11111201.! (t'lISla, ICt.'. / (.....
. - 0 ". &0." VlIllCIQG)4D042I4: . - /' ' ? -.'"'/S L
Notary Name and N~.~;~~........~~.\.~~..~J 'Netary Signature aIT(LS~aj
IN WITNESS WHEREOF, the Grantee has caused these presents to be executed in its
name by its Board of County Commissioners of Monroe County, Florida, acting by its Mayor or
Vice-Mayor, the date and year designated below.
(OFFICIAL SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
l1o..La e. ~~
Deputy Clerk
By:
BOARD OF COUNTY
OF MONROE
By:
Exhibit A - Description (Utility Easement) and Sketch of Description
Ink
Engineering
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JULY 05, 2006
JOB # 06-7022
FILE # 06-7022SK04LGL
SHEET I OF 2
DESCRIPTION: (UTILITY EASEMENT)
AN EASEMENT FOR UTILITY PURPOSES OVER AND ACROSS THE FOLLOWING
DESCRIBED PROPERTY:
THE SOUTHERLY 20.00 FEET OF THE NORTHERLY 95.00 FEET TRACT B, PORPOISE
POINT SECTION FIVE, BIG COPPITT KEY, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 5, PAGE 119 OF THE PUBLIC RECORDS OF MONROE
COUNTY, FLORIDA.
CONTAINING 0.13 ACRES MORE OR LESS
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
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JAMES . SYSE
/
iRVEYOR AND MAPPER
FLORIDA CERTIFICATE # 4211
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@ 2005 LBFH Inc.
CONSULTING CIVIL ENGINEERS,
11...~h I SURVEYORS Ilc MAPPERS
.....:c./l..k "Pa..:rtners For Results.
Value By Design"
1400 Colonial Blvd, Suite 31, Fort Myers. Florida 33907
(239) 931-0455 Fa" (239) 931-0456
BPR & FSPE License No: 959 www.lbfh.com
Scale: 1 "-40'
Sheet 2 OF 2
Computed: JS
Checked: JS
PROJECT NAME:
SKETCH OF DESCRIPTION
Date
7/3/2006
FILE NO.
06- 7022SK04
Project No.
06 7022