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12/22/1993 @ Marathon CourthouseBRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 �annp �l.orjage CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 M E M O R A N D U M BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 TO: Dent Pierce, Director Division of Public Works FROM: Isabel C. DeSantis, Deputy Clerk-G� • DATE: January 12, 1994 On December 22, 1993, the Board granted approval and authorized execution of a Southern Bell Licensing Agreement between Monroe County and Bellsouth Telecommunications, Inc., d/b/a Southern Bell Telephone Company, for the Marathon Courthouse Annex, to provide Monroe County with additional telephone lines. Attached for return to "Bellsouth" is duplicate original of the subject Agreement. Should you have any questions concerning the above, please do not hesitate to contact me. cc: County Attorney Finance Director Xiunty Administrator, w/o document le FILED F OR RECORD L. T CF.N~ J:NG AGREEMENT .94 ~!AN 12 P 1 :35 The Board of County Commissioners of Monroe County, Florida, pursuant to the provisions of Florida Statute 125.42, for good and valuable considerations, the receipt of which are hereby acknowledged, does hereby grant to Bel[South Telecommunications, Inc. d/b/a Southern Bell Telephone and Telegraph Company, a Georgia Corporation, a license to establish the construction, operation, and maintenance of the following: 1. Telecommunications electrical equipment structures commonly described as remote terminals or substantially similar equipment structures; 2. Poles, guys, anchors, aerial cables and wires; 3. Buried cables and wires, cable terminals, markers, splicing boxes and pedestals; 4. Conduit, manholes underground cables and wires; 5. Driveways or other vehicular access: and 6. Other amplifiers, boxes, appurtenances or devices; aS,well as appurtenant facilities reasonably required for the support, use, operation and maintenance of such equipment structures to be installed from time to time with the right to reconstruct, improve, add to, enlarge and remove the same on, in or over the premises described in the attached Exhibit "A" ("Premises"). Licensee may allow other persons to construct wires or lay cable or conduit within the licensed area for water, communications or electric power transmission or distribution. Licensee shall have the right of ingress, egress and regress to and upon the said Premises at all times for the purposes of installing, constructing, operating, inspecting, maintaining and repairing its equipment. The Licensee shall have the obligation to clear and keep the Premises clear of all trees, undergrowth and other obstructions and to trim, cut and keep trimmed and cut all dead, weak, leaning or dangerous trees or limbs outside the limits of the License which might interfere with the lines or systems of communication or electric power serving the Licensee. The granting of this License shall in no way restrict the right and interest of the Licensor in the use, maintenance and quiet enjoyment of the Premises to the extent that such use does not interfere with the rights granted here. Any ad valorem taxes accruing from Licensee's improvements shall be charqeable to and paid by Licensee when due if separately assessed by the taxing authority as the personal or real property of Licensee. The Licensee shall be liable for personal injuries and damage to real or personal property that rr~y result from its use of the Premises, and shall indemnify the Licensor in the event Licensor is required to pay any claim arising from said use by Licensee. This License shall run with the land in perpetuity and shall be binding on and shall inure to the benefit of the parties hereto, their successors or assigns. This License may be terminated by the County in the event that the properties or roadway upon which it is established is closed, abandoned, vacated, discontinued or reconstructed. The Licensee agrees that it shall hold the Board of County Commissioners and the members thereof harmless from the payment of any compensation or damages resulting from the exercise of the privileges granted in this License and in its creation and as may be reasonably necessary for the protection of the County and the public. IN WITNESS WHEREOF, Licensing Agreement, 1991- the undersiqned Licensor this 22ncl day of has executed December this APPROVED AS TO FOR/Ii? AND LEG?fFFfIENCY./ rw~ ,.1L!V AttNney's Office LICENSOR: By BOARD OF MO ~ (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK BY~.C.~ Deputy Clerk ACKNOWLEDGEMENT STATE OF FLORIDA COUNTY OF ~1)NPDE The foregoing instrument was acknowledged before me, this day of , 199_, by I uS ' and by JACK. LONDON ,as Mayor and Chairman of the Board of County Commissioners of Monroe County, Florida, and they are (. ) personally known to me or ( ) have produced as identification and who did (did not) take an oath. (Official Seal) Notary Public Print Name: Commission No. ~y commission Expires: 2 ;. EXHIBIT "A" to Deed of Easement From: To: BellSouth Telecommunications, Inc. PREMISES: SEE ATTACHED BOUNDARY SURVEY PR:1p HLD13/BIO .~t:l U~ OVERBECK ELLIOTT & SURVEYORS · ENGINEERS · LAND PLANNERS 793 Son Christopher Dr., Dunedin, F1orido 34698 Phone (813) 734.:..7805 FAX (813) 736-3262 A DtIllSlON Of IIfGA'w'lSlON BUSlNfSS CORPORA liON CERTIFIED TO: Southern Bell P.o.c. ---- NORTH'KST CORNER LOT B-1, SOMBRERO SUBO/VISlCW No. . 6. PLA T BOOK 2. PACE 9.1 ~ )> ~ l"\ )> ~ :t. A ~ ;. )> ~ z c. ~ :"'1." \ (~-r \. \?')" I .\..."\~\"') ,.. .. ~ \ '.l ..... "::-..J ,j ..' 'd ~ ~ ~ ~ 10.00' S74021'20"W SIR CONe. SLAB W/WOOD GUY POLE LEGAL DESCRIPTION: AN EASEMENT fOR UTILITIES IN SECTION 9, TO,^",SHIP 66 SOUTH, RANGE 32 EAST, OVER THE FOLLOWING DESCRIBED PARCEL: COMMENCE AT THE NORTHM:'ST CORNER Of LOT B-1 Of SOMBRERO SUBDIVISION No.6, MARATHON, FLORIDA, ACCORDING TO PLAT BOOK 2, PAGE 93 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA, SAID POINT BEING ON THE EAST RIGHT-Of-WAY LINE Of MARATHON AVENUE; THENCE RUN N74"21'20.E, 351.62 FEET TO THE POINT OF BEGINNING; THENCE 515'38'40"E, 98.00 fEET: THENCE 574'21'20"W, 10.00 FEET; THENCE 515'38'40"E, 50.00 FEET; THENCE N74'21'20"E. 30.00 FEET; THENCE NI5'38'40"W, 148.00 fEET; THENCE S74'21'20"W, 20.00 fEET TO THE POINT Of BEGINNING. CONTAINING 0.079 ACRE:t. SURVEYOR'S NOTES; \ N \ JOB No. '" O}.t.:~S~-A , TZ.E.v. st:C.~. TWP.(aCaS.. RGE.?a.Z...E. M.~AlRo~ COUNTY, FLORIDA N ~ ~ . ... 8 ~ Iii ~',:.. :';.1 ..r . .' . , .'" ' "\.. : . ..."'. ~~ r.... ":" l..: i-:.,..""" \.... \ \..' ~- ~.' ~ ~ 1.) ALL CORNERS fOUND HAVE NO NUMBER DESIGNATING PREVIOUS SURVEYOR OR COMPANY EXCEPT AS SHOWN. 2.) ALL BEARINGS AND DISTANCES ARE MEASURED PER PLAT UNLESS OTHERWISE NOTED, J.) NO UNDERGROUND ENCROACHMENTS, fOUNDATIONS OR UTILITIES HAVE BEEN LOCATED OR SHOWN UNLESS OTHERWISE NOTED. 4.) NO INSTRUMENTS OF RECORD REFLECTING EASEMENTS, RIGHTS-OF -WAY AND/OR OWNERSHIP WERE fURNISHED THIS SURVEYOR EXCEPT AS SHOWN HEREON. 5.) ELEVATION DATUM: h.J. ,.... . BENCHMARK: N I..... BASIS OF BEARINGS: c;.....L~1''''c;.1Z.L~ 12'~ u. c;. \.l\AlY" J . I".L 7+- ":Lt' 'Ld' IlL - .6.~c;.ll,,^';:D 6.) THIS IS TO CERTifY THAT I HAVE CONSULTED THE fEDERAL INSURANCE ADMINISTRATION fLOOD HAZARD BOUNDARY MAP, COMMUNITY No. to4. /4.. ,PANEL No. M/"'" ,EFFECTIVE DATE N /6. . AND THE HEREON DESCRIBED PROPERlY APPEARS TO BE IN ZONE r-4(...... WITH A BASE ELEVATION OF ~..lA-_M.S,L. ABBREVIA liON LEGEND: f.t.R fOUND IRON ROD. SIZE INDICA TED SEC. SECTION S.I.R. st:T IRON ROD, 1/2- L.B. No. 5408 TWP. TOWNSHIP F.I.P. FOUND IRON PIPE, SIZE INDICATED RGE. RANGE F,N,D, FOUND NAIL AND DISK IDj DEED S,N,D. st:T NAIL AND DISK, L.B. No, 5408 P PLAT f.C.III. FOUND CONCRETE MONUMENT M MEASURED P.R.III. PERMANET REfERENCE 1II0NUMENT C CALCULATED P.C.P. PERMANENT CONTROL POINT CONC. CONCRETE p,l. POINT Of INTERSECTION COV. COVERED P.C, POINT Of CURVE ASPH. ASPHALT P.O.B, POINT Of BEGINNING PWT. PAVEMENT R/W RIGHT-OF-WAY ELEV. ELEVATION TYP. TYPICAL CERTlflm FOR 8.6.........l~.....1E.."'< -SU2.v&''l I HEREBY CERTiFY THAT THIS SURVEY MEETS THE MINIIIIUIII TECHNICAL STANDARDS AS SET fORTH BY THE FLORIDA BOARD Of PROFESSIONAL LAND SURVEYORS IN CHAPTER 21 HH-6, FLORIDA ADMINISTRATIVE CODE, PUR ANT TO SECTION 472,027, FLORIDA STATUTES. RE VISED: EVISED: . / ,/. DATE: P//P/~3 4"1~ NOT VALID UNLESS SEALED