Utility Easement 04/21/2008
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
August 4, 2008
TO:
Dave Koppel, County Engineer
Engineering Division
ATTN:
FROM:
Elizabeth Wood, Sr. Administrator
Sewer Projects
pamelaG.}{anc~
Deputy Clerk
At the May 21, 2008, Board of County Commissioner's meeting the Board granted
approval and authorized execution of a utility easement agreement for Tract C of Porpoise Point,
Section 4 on Big Coppitt Key, Real Estate 10 #00155820-000000; and authorized execution, as
grantee, a 20' Sewer Utility Easement Agreement for Tract C of Porpoise Point Section Four on
Big Coppitt Key, Real Estate 10#00155820-000000.
Enclosed is a original of the above-mentioned for your handling. Should you have any
questions please do not hesitate to contact this office.
cc: County Attorney
F inan'~e
Filel
This il1striJmem is prep,ued by, or under the direction of:
Suzanne A. Hutton, Esq.
ruN 336122
.
Lounty J\UOlI1CY
P.O. Bo>: 1026
Key We"l, FL33041-1026
RE number: 00155820-000000
Utilitv Easement
THIS UTILITY EASEMENT is made this day if!. I ~ay of ~ by Habitat for Humanity of
Key West and Lower Florida Keys, Inc., a Florida Not For Profit Corporation ("Grantor").
1. Grantor is the fee simple owner of the property .described as Tract C, Porpoise Point,
Section Four, according to the Plat thereof, recorded in Plat Book 5, at page 118, of the Public
Records of Monroe County, Florida (the "Property"), as the surviving corporation in a merger with
Florida Keys Community Housing and Land Trust, Inc., as recorded at Official Records Book 2329,
pages 594-597 of the Public Records of Monroe County, Florida, and does hereby warrant title to the
land herein described, 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 Monroe County, a political subdivision of the State of Florida
("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 lay, install,
construct, mainlain, locate, repair, replace, remove, and inspect water lines and appurtenant facilities,
wastewater lines and appurtenant facilities, sewer lines and appurtenant facilities, as well as stonn
water drainage 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. Grantor shall have the right to make use of the surface overlying thc underground
utility easement, including specifically the building of any roadway over the easement, granted by
this instrument so long as such use does not interfere with the exercise by the Grantee of the rights
granted and conveyed by this instrument Gmntol shall not construct, place, or allow the placing or
eonstructjon of any obstruction that would interfere with the Grantee's safe or proper installation,
operation, maintenance, inspection or removal of water transmission and distribution facilities,
wastewater collection and transmission facilities, and all appurtenances thereto. Grantee shall have
the right to rcmove 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 oflhe easement area that
does not interfere with the Grantee's rights.
S. Grantor shall bear the cost of any relocation or modification of said facilities when
the change is necessitated by Grantor's requirements or those of any third party other than the
Grantee.
6. Grantee shall hold Grantor harmless for the acts and omissions of its officers,
employe"s, 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 Florilla
Statutes section 768.28.
Page 1 of2
...., This easement will run with the land in perpetuity and will be binding on and will
mure to the benefit of the parties hereto.
" '!"he Orantor warrants that it has full power of authority to grant this easement.
In Witness Whereof, Grantor has hereunto sel its hand and seal on the day and year first above
written.
WITNESSES:
Sign Name: 1:!~1~
Print Name C1J,jtJ/~'IJit :g""Sftf/i1
~N_~ :f::l
Print Name IS' ~ ~(
STATE OF FLORIDA
COUNTY OF MONROE
Habitat for Humanity of Key West and Lower
Florida Keys, Inc., a Florida Not For Profit
Corporation (GR1\...l\fTOR)
B.--
y:
Board President
. ,-I .1 \
/ The foregoi~g instrument was acknowledged before me this ~ day of..JL., 2008, by
(ij/);'fi1 .~. {III ,itohr/L- . on behalf of Habitalfor Humanity of Key West and Lower
orida KelG.' c" a.. orida Not For Profit Corporation, who is personally known to me/b<l..
prodooe<~ asidcnliii<:alion..
My Commission Expires:
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Not,ty Pub1it-r('''-,. j J, . ~"""""";""'N"i<"MiLLER E
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:~~~,,;~~,,: "~~n~"'"
Board of County
County, Florid
(
ssioners of Monroe
E
, Mayor
MAY 2 1 2008
..iONROE COUNTY ATTORNEY
.~~
~~~NE . H ON
COUN~R~fY
')E1te 0
,
Page 20f2
Exhibit "A"
AR.E. REECE, F'.A.
PRFESSIO-4AL SL1R'..D MAPPER
30364 QUAIL ROOST BIG PINE KEY, i 33C43
V °Era (305)872- 348
7AX 1305;872-5622
THE PURPOSE OF THIS SKETCH IS TO ILLJSTRATE THE DESCRIPTION NEWLY CREATED ON THiS DATE BY THE
UNiDERSICNED AND SHOWN BELOW.IT IS NOT \SURVEY OF THE LANDS BEINC DESCRIBED HEREIN IS 7 carp
6 1 C17 6.COE Tor.dCilurt, Code.rd Chap 472 027 i!or.cla stactes)
SEE BELOW -OR AN ILLUSTRATION Or THE SAID DESCRIPTION.
DESCRIPTION Or UTILITY EASEMENT in Ti act C,PORPOISE POINT SECTION TOUR.according to the Pi t thereof zs recorded r
Plat Book 5.P. e 118 of the Ptie'r.Records el Monroe Co.atty,Florida is 20 beet r,cith and Iyaig 10 00 feet on each of
the rotewiny ileser.bed coact cc,and lv th the eai.critert sidc.ines ee.ng extended aid'bettered to terricate at the oast and
west hoi.iiittiy lilies of the sa d Tract C. The i:lescripLor el the said easement certerl,re.s as follthis:
COMMEISCINC at the nor thwe•A corner of the said Tract C of PORPOISE POINT SECTION POUR as aforesaid.bear Soiith
000 125-Wei t or the west doixdary.ine of the said Tract C a distance of 87 2 2 feet to the the POINT OF BECINNINC of the
ari•ircsiad cortoi ire
tht,nce Dear North 000000"East a distance of 24.35 feet to a point of curse,
said curie concave to the 1701 thwe,,t and having a radius of 90.00 feet and a delta angle of 26'5844';
thence on said curve an arc distance of 42 38 feet to a point;
thence her North 6301'16'East a distance of 122 04 feet to a point of curve:
said curve concave to the southeast and having a radius of 70.00 feet and a delta angle of 2659'57;
thence on said curie an arc distance of 32.99 feet to a point;
thence bear South 89'5847"East a distance of 44 26 feet to the point of terminus,with said Point of Terminus being on the cast
boundary line of the said Tract C
PREPARED I-OR HABITAT TOR HUMANITY Oi KEY WEST AND THE LOWER KEYS
IC NED
ROCERT E REECE,PSM
PROI-ESSIONAL SURVEYOR AND MAPPER,LB.6384
DATED: 04 24-07
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