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03/24/1994 @ KWIA4b CyO�UNrJ' Y' Jam. JM�U�OIitQ`�� • 49OE COUNtV. FyO xuannp L. Rotbage BRANCH OFFICE CLERK OF THE CIRCUIT COURT 3117 OVERSEAS HIGHWAY MONROE COUNTY MARATHON, FLORIDA 33050 500 WHITEHEAD STREET TEL. (305) 289-6027 KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 MEMORANDUM TO: Peter Horton, Director Division of Community Services tY FROM: Isabel C. DeSantis, Deputy Clerk DATE: April 14, 1994 BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 At the March 24, 1994 meeting, the Board granted approval and authorized execution of a Zicens ni g Agreementwith Southern-Be11=t einstall_and--maintain-under-ground- Pfiberoptic-telephone__lines-and--Qquipmentdat:ittie K-eyiWestlntexnational Air -port. Attached is a certified copy of the original subject agreement executed by all parties for return to the provider. Should you have any questions concerning the above, please do not hesitate to contact me. cc: County Attorney County Administrator, w/o document Finance File 1-TCENSTNG AGREEMENT The Board of County Commissioners of Monroe County, Fld'gidaT pursuant to the provisions of Florida Statute 125.ii " or goa I and valuable considerations, the receipt of which 1---a-re . . hereby, acknowledged, does hereby grant to BellSouth Telecommunxcat;Lons'-- Inc. d/b/a southern Bell Telephone and Telegraph,--Compa", "a' Georgia Corporation, a license to establish the abnstruc. ion, jiT7 operation, and maintenance of the following: 00 771 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 chargeable 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 may 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, 199 4 . the undersigned Licensor has executed this this 24th day of March , LICENSOR: BOARD OF MQ 05 (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By�oA.l�£�. C..C�cr.ra.cd Deputy -,'Clerk ACKNOWLEDGEMENT STATE OF FLORIDA COUNTY OF COUNTY COMMISSIONERS CO , FL DA Mayor/Chairman APPROVEDAS 79 FORM AND SU C1ENC� "y ' _ The foregoing instrument was acknowledged before me, this day of , 1994 by , as and by 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 identifi ation and who did (did not) take an oath. (official Seal) No a y pubYic Print Name: 4 Lylk) 3t/7W Commission No. ;qy Commission Expires: 2 y: w + My C(1WSSIfJN N COMO EXPM J* 29, 1M iR "U TA.t FAM U75URMM INC. EXHIBIT "A" to Deed of Easement From: Monroe Gounty. Florida. To: BellSouth Telecommunications, Inc. PRRUSES: SEE ATTACHED BOUNDARY SURVEY PHILLIPS & TRICE SURVEYING, INC. 1204 SIMONTON STREET KEY WEST, FLORIDA 33040 Tel (305)294-4747 Fax (305)294-5016 JACK M. PHILLIPS, PS JOSE T. SANCHEZ III, P.S. JOE M. TRICE, PS FL -Reg.- Cert.y#1410�v--���� FL Reg.,rCert. #S224-�-�-______�-FLvR-------- Cert. SB7 06 06 C 3.0 -�r.a> n/ d 7'2/ 5' W s69 °si z� 'ry 5'OUTH fr'OOS'E"(/ELT BL !/I�. 6-0. 0, /Q/`y ti 1E4;E/VO PLnciE ,oaf r,,� crF �E�/.✓.dir/y RIW frES� /4/EST For/�voAT/On/ �'O S aCE!!N BOULE'!/ARD PG4KN� / .�B / P.4lE 205 A parcel of land lying on the Island of Key West, Monroe County, Florida, being more particularly described as. follows: Commence at the Southernmost corner of Key West Foundation Co.'s Ocean Boulevard Plat No.. 1, as recorded in Plat Book 1, Page 205 of the Public Records of said Monroe County; thence run S 69' 51' 24" W along the NW'ly right of way line of South Roosevelt Boulevard (Basis of Bearings), a distance of 148.47 feet; thence run N 20' 08' 36" W, a distance of 397.06 feet to the Point of Beginning of said parcel of land; thence run N 87' 08' 06" W, a distanc of 14.00 feet; thence run N 2° 51' 54" E, a distance of 35.00 feet; thence run S 87' 08' 06" E, a distance of 11.00 feet; thence run N 2° 51' 54" L, a distance of 63.44 feet; thence run S 87' 08' 06" E, a distance of 6.00 feet; thence run S 2° 51' 54" W, a distance of 3.00 feet; thence run N 87° 08' 06" W, a distance of 3.00 feet; thence run S 2' 51' 54" W, a distance of 95.44 feet back to said Point of Beginning. Containing 689 square feet, more or less. THIS I I IS j A ffSIKETCH T� ILLUSTRATE nn The purpose of this -SKETCH- is to illustrate a property description, newly created and authored on this date by the undersigned. It is NOT A SURVEY of the lands being described herein. (See Chap. 472.027 F.S. and Chap. 21HH-6.006 Fla. Adm. Code). PREPARED FOR: Southern Bell November 1, 1993 SE T. SANCHEZ, III, P.S.