Loading...
Medical Examiner FacilityDANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: December 18, 2007 TO: Suzanne A. Hutton County Attorney ATTN. Kathy M. Peters Executive Assistant FROM: Isabel C. DeSantis . Deputy Clerk At the November 14, 2007, Board of County Commissioner's meeting, the Board granted approval and authorized execution of a Electric Utility Easement by and between Monroe County, Florida and Florida Keys Electric Co -op. Attached hereto is the "original" QCD for your handling. Should you have any questions please do not hesitate to contact this office. Thank you. cc: File This instrument is prepared by, or under tht~ direction of: Natileen'~ 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: 00099540-000000 Electric Utility Easement THIS UTILITY EASEMENT is made this day /~~ay of )jVt~r.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 KRA WL KEYS PT LOT 3 SEC 26 PT LOT 1 SEC 35 recorded at OR Book 1154, Page 1916 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 acknowlt,dged, Grantor grants to Florida Keys Electric Co-Op, ("Grantee"), its successors and assigns, agents, guests and invitees, a perpetual utility easement as drawn on composite 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 tht~reon. 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 obstruction 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 eas,ement 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. Page 1 of 2 Electric Utility Easement 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 Witness Whereof, Grantor and Grantee have hereunto set their hand and seal on the <Iay~-year first above written. . - "~-;; ,\ ' ,- 'I (GRANTOR) Board of County C County, Florida [SE.u..1 ATTEST; nanny L. Koblage, Clerk By:RMQ..~~~ Deputy Clerk By: C.hen Ie. ioners of Monroe (Y\ cCo~ { FLORIDA KEYS ELECTRIC CO-OP c- ~ "2.. Sign Name: By: ~ ( Print Name k,sy /II J. bA. rWE. 7T c- E u ~-- "" . Title Sign Name:J' I1A1 t Itli~~~~' Print NaJ~ (L1A..\.Ltt.(.. lV\ t. rJ O..J'\A Lr V .::- ) STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me this _day of _' 2007, by _ , whose is on bebalf of FLORIDA KEYS ELECTRIC CO-OP, who is personally known to me/has produced as identification. Notary Public My Commission Expires: Page 2 of2 MONROE COUNT( ATTORNEY ;J;. '. PROVED AS TO FOR.?J -~. -/ '7rf~ " r',{,TILEENf, w. ASSEL ASSISTANT CCU;\fi-,_Y ~rTor=Ii'JEY u, - ""c/ Date__~~-I-, -- LAND DESCRIPTION UTILITY EASEMENT MONROE COUNTY MEDICAL EXAMINERS FACILITY A parcel ofland on Crawl Key Number 5, being a portion of Government Lot I, Section 35, Township 65 South, Range 33 East and a portion of Government Lot 3, Section 26, township 65 South Range 33 East, Monroe County, Florida, more particularly described as follows: COMMENCING at the intersection of the centerline of U.S. Highway Number I with the West line of section 35, Township 65 South, Range 33 East; THENCE North 67'04'07" East on said centerline of U.S. Highway I, a distance of 1494.57 feet to the intersection with the centerline of Banana Boulevard; THENCE continue North 67'04'07" East on said centerline of U.S. Highway Number I, a distance of 697.54 fe<ot to an intersection with the Southerly prolongation ofa rock road at Crawl Key Number 5; THENCE North 09'23 '05" West on said prolongation, a distance of 119.32 feet to the Northerly right-of- way line of said U.S. Highway Number I as laid out and in use; THENCE South 67'04'07" West on said right-of-way line, a distance of25.72 feet; THENCE North 09'23'05" West a distance of 566.58 feet to the beginning ofa curve concave to the East and from which a radial line bears North 80'36'55" East; THENCE Northerly on the arc of said curve having a radius 1771.54 feet, a central angle of 11'28'55", an arc distan"e of355.01 feet to a point of tangency; THENCE North 02'05'50" East, a distance of99.33 feet to a found Iron Rod; THENCE North 83'07'20" East, a distance of 50.62 feet (0 the POINT OF BEGINNING; THENCE North 81'42'36" East, a distance of261.79 feet; THENCE North 61'56'00" East, a distance of 159.82 feet; THENCE North 84'48'10" East, a distance of204.98 feet; THENCE North 74'11'07" East, a distance of225.16 feet; THENCE South 15'53'21" East, a distance of20.00 feet; THENCE South 74'11 '07" West, a distance of225.16 feet; THENCE South 84'48'10" West, a distance of204.98 feet; THENCE South 61'56'00" West, a distance of 159.82; THENCE South 81'42'36" West, a distance of268.79; THENCE North 02'05'50" East, a distance of20.15 feet to the POINT OF BEGINNING; Said lands lying in the City of Marathon, Monroe County, Florida and containing 16,846 square feet (0.387 acres) more or less. Page I of 2 .( .LlH3'!f -\ , :t!ht~ ::!]{"nt o '<t (\") 1.0 Ol Ol .,G OJ .- ~ '" '" a. ... o N "6- ~ < ~ \ N ~ ~ '9 o '" , Ii i- -'..,.,