Item Q7
JAN-14-03 16,00 FROM:MONROE COUNTY ATTY OFFICE 10,3052823516
PAGE
1/1
BOAR~ OF COU"TY COMMISSIONERS
Agenda Item Summary
ADD ON
Meeting Date
January 15, 2003
Division
County Attorney
AGENDA ITEM WORDING
Approval of the granting of an easement for purposes of allowing a concrete block structure
permitted by the County to be erected in such a manner that it encroaches on the County's
right~of-way .
ITEM BACKGROUND
In 1961, owners.of Lots 11 and 12 granted an easement to County on Lot 11 in exchange for a
similar easement from County on Lot 12. It appears the same was attempted on Lots 13 and
14 but the Lot numbers were reversed, and created the present difficulty which originated
when there was an attempt to eliminate the originally platted cul-de-sac and to create another
cul-de-sac closer to the beginning of the road. County then permitted construction on the
originally platted cul-de-sac fot which county's easement was not recorded, which clouds title.
PREVIOUS RELEVANT BOCC ACTION
CONTRACT/AGREEMENTCHANGES
STAFF RECOMMENDATIONS
Approval.
BUDGETED Yes No
TOTAL COST
COST TO COUNlY -0-
SOURCE OF FUNDS
APPROVED BY:
County Attorney _ OMB/Purchasing 0 Risk Management 0
DIVISION DIRECTOR APPROVAL~
JOHN OWN
DOCUMENTATJON~
Included,
To Follow 0
Not Required 0
AGENDA rTEM #
lk' ')
LIMITED RIGHT-Of-WAY EASEMENT
The Board of County Commissioners of Monroe County, Florida, hereinafter called Grantor,
does hereby grant an easement to GEORGE and STELLA SELLERS, their heirs and assigns,
hereinafter called Grantees, for the limited purpose of retaining on the property described
below a concrete block structure for which Grantor previously issued a Building Permit on
the Island of Big Coppitt Key in Monroe County, Florida, as follows:
A parcel of property which constitutes a portion of the right-of-way platted as Luna
Lane, Big Coppitt Key, and more particularly described as follows:
The southerly half of the cul-de-sac platted at the westerly end of Luna Lane,
Gulfrest Park No.2 Subdivision, according to the plat thereof, recorded at Book 4,
Page 157, Official Records of Monroe County, Florida
It being intended to describe the south half of right-of-way with a turning radius of 25 feet
from the center of Luna Lane, only as lies between Lots 12 and 13, Block 5, Gulfrest Park
NO.2 Subdivision, Big Coppitt Key.
Together with the right of ingress and egress over the right-of-way so as to afford the
Grantee complete use and enjoyment of this easement, subject to allowing the public full
use of the existing cul-de-sac lying between Lots 11 and 14, Block 5, and extending, by
easements to Grantor, onto said lots, as maintained by the County.
This easement shall terminate if at any time its use of discontinued by reason of removal or
destruction, whether voluntary or through forces of nature, of the concrete block structure,
or a road abandonment is ordered by Grantor.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed in its name
by its Board of County Commissioners acting by the Mayor or Mayor pro Tem of said Board,
this 15th day of January, 2003.
(SEAL)
ArrEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
By
Mayor/Chairperson
This document prepared by:
Suzanne A. Hutton
Assistant County Attorney
FBN 336122
P.O. Box 1026
Key West, FL 33041-1026
1/305/292-3470
61/14/2603 10:56 3652961326
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PAGE 63
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To Whom It May Concern:
I own property adjacam to Lots s J J and J 4 a.ocIc 5 Gulfi'm Parle #2 Big Coppitt .Key Florida.. The location
of the cutJ'ent cul-de-sac bas been at its pr~ location since I have owned my property and access to my
property is DOl affected by its Iocmion. The location also affects a portioa of my prnpcny at Lot 11 as the
cul..cfe-5llC cuts into it This title issue was not a problmJ when I purchased my home.
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