St. Croix PlaceDANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE: May 28, 2008
TO: Suzanne A. Hutton
County Attorney
ATTN: Kathy M. Peters
Executive Assistanntt�Q,�,
FROM: Pamela G. Han g6 X�
Deputy Clerk �
At the May 21, 2008, Board of County Commissioner's meeting the Board granted
approval and authorized execution of Utility Easements with Florida Keys Electric Cooperative
Association and BellSouth Telecommunications on a portion of St. Croix Place in Key Largo.
Enclosed are the original Easements for your handling. Should you have any questions
please do not hesitate to contact this office.
cc: Finance
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ThIS instrument prepared by,
01. under the direction of,
Suzanne A. Hutton Esa.
FBN 336122
Office of County Attorney
P.O. Box 1026
Key West, FI. 33041-1026
UTILITY EASEMENT
THIS UTILITY EASEMENT is made this did daYOf;1~ ,2008, by and
between the BOARD OF COUNTY COMMISSIONERS OF MONROE UNTY, FLORIDA,
Grantor, whose address is 500 Whitehead Street, Key West, Florida 33040, to FLORIDA KEYS
ELECTRIC COOPERATIVE ASSOCIATION, INC - FKEC, MONROE COUNTY, FLORIDA,
Grantee,
WITNESSETH:
WHEREAS, the Grantor is the owner of a portion of land described in OR 506 page 497,
lying in Section 33 Township 61 South, Range 39 East, Monroe County, State of Florida, physical
address of St. Croix Place, Key Largo, Monroe County, Florida 33037 (hereinafter "County
Property"); and
WHEREAS, it is necessary for Grantee to maintain an easement over a segment of the
County Property to construct, operate, maintain, add overhead or underground electric systems, or
related services as the Grantee may from time to time require upon, over and under the County
Property; and
WHEREAS, it is in the best interest of the public to grant to Grantee a utility easement;
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 successors and
assigns, a perpetual and non-exclusive easement on, over and above, and under the above-
described County Property for the purpose of ingress, egress, and utility installation and
maintenance within said described property, conditioned upon Grantee holding Grantor harmless
for the acts and omissions of its officers, employees, agents and contractors, from any and all
claims for bodily injury (including death), personal injury, and property damage (including
property owned by Monroe county) and any other losses, damages, and expenses (including
attorney's fees) which arise out if, in connection with, or by reason of the Grantee utilizing the
property governed by this easement, and upon the condition that Grantee shall maintain suitable
Public Liability insurance or be self-insured, in amounts adequate to respond to any and all claims
arising out of the activities authorized in this easement, as reflected by the Grantee's acceptance of
the conditions below.
This Easement across the County Property IS more particularly set forth tn the Legal
Description and diagram on Exhibit "A".
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed in its
name by ,ItS Board of County Commissioners of l'vlonroe County, Florida, acting by its Mayor or
Vice-Mayor, the day and year tlrst stated above.
East:l11cnt
(OFFICIAL SEAL)
AT~ANN~.E, CLERK
B'^-:J~ ___C)
Deputy Clerk
BOARD OF COUNTY C MISSIONERS
OF MONROE CO Y, FLORIDA
By:
IN WITNESS WHEREOF, the Grantee has caused these presents to be executed in its
name by , the date and year designated below.
(OFFICIAL SEAL)
ATTEST: CLERK
By:_.
Date:
('
Witness:~
FLORIDA KEYS ELECTRIC COOPERATIVE
ASSOCATION INC. - FKEC
BY:~~
Title: C ~O
"ti)""'''' SUSAN p, KOHlIiOFER
!*i ;~ MY COMMISSION' DO 267306
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EXHIBIT A
FLORIDA KEYS ELECTRIC COOPERATIVE ASSOCIATION, INC (FKEC)
UTILITY EASEMENT
l.egal Description of FKEC Easement on St. Croix Place
A portion of Port Largo Fourth Addition recorded in Plat Book 6 at Page 90, the
same being a replat of Tract E. Port Largo, a subdivi'sion in Section 33, Township
61 South, Range 39 East on Key Largo, Monroe County, Florida, according to a
plat thereof, recorded in Plat Book 5 at Page 3 of the Public Records of Monroe
County, Florida, more particularly described as follows:
From the intersection of the Northeasterly prolongation of the Northwesterly
side of Homestead Avenue with the Northeasterly side of Atlantic Boulevard, as
shown on the said Port Largo plat, run S 43010' 00" E along the said
Northeasterly side of Atlantic Boulevard for 250.00 feet to the Point of Beginning
of the herein described parcel of land; From the said Point of Beginning, run N
46050' DO" E for 183.27 feet; thence deflect 90 degrees right and run S 43010' 00"
E for 10.00 feet; thence run S 46050' 00" W 183.27 feet; thence deflect 90 degrees
right and run N430 10' 00" W along the said Northeasterly side of Atlantic
Boulevard for 10.00 feet to the Point of Beginning.
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TO U.S.
HWY 1
P.O.C.
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PORT LARGO PB5-3
PART OF TRACT E
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EASEMENT
10' WIDE
P.O.B.
RIGHT OF WAY TO BE
ABANDONED
DATE:
02/01/06 ST. CROIX PLACE
DES/DRW
JRS/RC KEY LARGO, MONROE COUNTY, FLORIDA
EXHIBITA.DWG UTILITY EASEMENT
EXHIBIT A
PAGE 2
SCALE:
1"=50'-0"