Murray E. Nelson BuildingDANNY'L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
TO:
ATTN.
FROM.
January 17, 2008
Suzanne A. Hutton
County Attorney
Kathy M. Peters
Executive Assistant
Isabel C. DeSantis
Deputy Clerk
At the December 19, 2007, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following:
Utility Easement by and between Monroe County and Florida Keys Electric Co -op for the
Murray E. nelson Building.
Enclosed is the original of the subject document for your handling. Should you have any
questions please do not hesitate to contact this office. Thank you.
cc: Engineering
File
This instrument is prepared by, or
under tht: direction of:
Natileenl: W. Cassel, Esq.
FBN 365785
Assistant County Attorney
Office of the Monroe County Attorney
P.O. Box 1026
Key West, FL 33041-1026
RE number: 00543060-000000
Utility Easement
THIS UTILITY EASEMENT is made this day 115. day of~ 2007 by and
between Monroe County, a political subdivision of the State of Florida, ("Grantor") and
Florida Keys Electric Co-Op (Grantee).
1. Grantor is the fee simple owner of the property described as See
Composite Exhibit "A", recorded at OR Book 2025, Page 899 of the Public Records of
Monroe County, Florida (the "Property"), and does hereby warrant title to the land
hereindescribed, and will defend the same against the lawful claims of all persons.
2. For good and valuable consideration, the sufficiency of which is hereby
acknowledged, Grantor grants to Florida Keys Electric Co-Gp, ("Grantee"), its
successors and assigns, agents, guests and invitees, a perpetual utility easement as drawn
on Exhibit "A" hereto (the "Easement") under, over, across, and below the Property.
3. Grantee, its agents, successors and assigns shall have the right to install,
construct, maintain, locate, repair, replace, remove, and inspect power lines and poles,
and facilities and other comparable public utilities, together with the rights of ingress and
egress thereon.
4. Grantee's right to utilize the easement area shall be exclusive to the extent
that Grantor shall grant no other easement or license, or make any other covenant, having
the effect of permitting the use of the easement area by someone other than Grantee.
5. Grantee shall not construct, place, or allow the placing or construction of
any obstlUction that would interfere with the Grantee's safe or proper installation,
operation, maintenance, inspection or removal of power lines and poles, and facilities and
other comparable public utilities, and all appurtenances thereto. Grantee shall have the
right to remove any natural or man-made obstructions placed on the easement, which
impede the easement herein granted. Grantor shall have the right to make any other use
of the easement area that does not interfere with the Grantee's rights.
6.. Grantee shall bear the cost of any relocation or modification of said
facilities when the change is necessitated by Grantee's requirements or those of any third
party other than the Grantee.
7. Grantee shall hold Grantor harmless for the acts and omissions of its
officers, 'employees, agents and contractors, and upon the representation that Grantee is a
political subdivision as defined by Florida Statutes shall maintain suitable Public
Liability insurance or shall be self-insured, in amounts adequate to respond to any and all
claims within the limitations of Florida Statutes section 768.28.
8. This easement will run with the land in perpetuity and will be binding on
and will inure to the benefit of the parties hereto.
9. The Grantor warrants that it has full power of authority to grant this
easement.
In Witn'~ss Whereof, Grantor and Grantee have hereunto set their hands and seals on the
day and year first above written.
[SEAL]
ATTEST: Danny L. Kohlage, Clerk
By:Jla.Lif~. ~~
Deputy Clerk
(GRANTOR)
Board of County
Monroe Count)::
By:
Charles "So
FLORIDA KEYS ELECTRIC CO-OP
WITNESSES: ~
S... N,":,:-r "AI: ,in \1,\"?t"':~ ~~ ===:)
Print Name . . oJ. N ilJV'- ( E i.)
~ .~ T""
Sign Name:l~,,'J I ". 'f) V.(,0:
Print Name \h\!<'E: , ~C)n\,",'"
STATE OF FLORIDA
COUNTY OF MONROE
(
~The forego}ng instrumert wa acknowledged before me this.rl'I't.L'day of
, 20(~, by . ., ,f.).J, whose is t!.f.fi[;p
, ~ (;, Qk on behalf of FLO DA KEYS ELECTRIC CO-OP who
-- -- ,
i~oiially ~~'to me/has produced as identification.
My Commission Expires:
NOTARY l'UH1JC.~'u\rl'. Or nORJDA
~' Robyn J. Barnett
Commission # DD426208
Expires: MAY 05, 2009
Bon(le(~ Thru AtlantiC' Bonding Co., Ioe.
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LAND DESCRIPTION
MURRAY NELSON GOVERNMENT CENTER
UTILITY EASEMENT
A parcel ofland lying in a portion of the North Yi of Tract 8 "SECOND AMENDED
AND REVISED PLAT OF LEE SHORES" according to the Plat thereof, as recorded in
Plat book 2, on Page 97, of the Public Records of Monroe County, Florida, and a portion
of" PARCEL A", which is a parcel of land lying within the Right-of-Way of Florida
State Road No.5 in Section 22, Township 61 south, Range 39 East, Monroe County,
Florida as shown on the Florida Department of Transportation Right-of-Way map for
State Road No.5 and labeled Section 90060-2516, sheet No. 24 of34 sheets.
Parcel being more particularly described as follows: Commence at the Southeast comer
of the Northerly Yi of Tract 8, thence N37'22'34"E along the Southeasterly property line
of Tract 8, also being the Northwesterly Right-of-way line of State Road No.5, for 32.25
feet to the Point of Beginning of the portion ofland being described; thence at an angle
deflected to the Left 87' for 14.00 feet; thence at an angle deflected to the right 87' for
10.00 feet; thence at an angle deflected to the right 930 for 63.30 feet to the Southeasterly
Right-of-Way line of State Road No.5; thence at an angle deflected to the right 87'
bearing S37'22'34"W along said Right-of-way for 6.20 feet; thence at an angle deflected
to the ri!l>ht 127' for 6.20 feet; thence at an angle deflected to the right 145" for 45.23 feet
back to the Point of Beginning. Containing +/- 868 sq. ft.
COMPOSITE EXHIBIT "A"
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