07/16/2008 Easement
DANNY L. KOLHA GE
CLERK OF THE CIRCUIT COURT
DATE:
July 31,2008
TO:
Dave Koppel, County Engineer
Engineering Division
FROM:
PamelaG.}{anc~
Deputy Clerk 0
At the July 16, 2008, Board of County Commissioner's meeting the Board granted
approval and authorized execution of a Grant of Easement to the Florida Keys Aqueduct
Authority (FKAA) to construct, reconstruct, lay, install, maintain, relocate, repair, replace
improve, remove, and inspect water distribution facilities and have the right to ingress and egress
to the Medical Examiner's Facility.
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
Finance
File.!
This instrument is prepared by, or under
the direction of:
Natileene W. Cassel, Esq.
FBN 365785
Assistant County Attorney
Office ofthe Monroe County Attorney
P.O. Box 1026
Key West, FL 33041-1026
RE number: 00099540-000000
Florida Kevs Aqueduct Authoritv Utility Easement
tLMar
THIS UTILITY EASEMENT is made this ) t, nay of , 2008 by and between
Monroe County, a political subdivision of the State ofFI da, Grantor") and Florida Keys
Aqueduct Authority (Grantee).
I'. Grantor is the fee simple owner of the property described as KRA WL KEYS PT
LOT 3 SEC 26 PT LOT I SEC 35 recorded at OR Book 1154, Page 1916 ofthe Public Records
of Monroe County, Florida (the "Property"); 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 ("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 water lines, and related facilities
and other comparable public water 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 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 water lines, and related facilities and other comparable
public water 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.
Page I of2
FKAA 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 568.28.
8. This Easement shall 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.
A NE . UTTON
~}~~NEY
WITNESSES:
SignN~~
Print Name: ~ QnJ- ~fy
~)/7 ~ II, J ~2
Sign Name: C,~ -,jr 1
Print Name: (; / ill r<. 1/, J" l./,/ C --.
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Date
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STATE OF FLORIDA) .::::=.~
COUNTY OF MONROE) "', ~
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The foregoing instrument was acknowledged before me this ~ Y day of J 9:; l~,~ ..:.~, 2~
by Jqn..e..r (!. /(e-v/1.0IdJ , who is ;;::'XUtA.-i-;t<'( (^:;-~?'&.-on el1alr-of tile
FLORIDA KEYS AQuEDUCT AUTHORITY, who is personallv known to me! has produced
as identification. - -
(Seal)
!?A~ 1/. -E~
NOTARY PUBLIC - STATE OF ORIDA
My Commission Expires:
?; ewa v &..,or
!".. . Mf eu.1.~ I'~ DOS317.
'\i: ";I e_ So." ._'0. 200lI
FKAA Utility Easemc:nt
Page 2 of2
Composite Exhibit "A"
Page 1 of3
LAND DESCRIPTION
MONROE COUNTY MEDICAL EXAMINERS FACILITY
FKAA EASEMENT
A parcel ofland on Crawl Key Number 5, being a portion of Govemment Lot 1, 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 ofD.S. Highway Number 1 with the
West line of section 35, Township 65 South, Range 33 East;
THENCE North 67'04'0T' East on said centerline ofU.S. Highway 1, 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 1,
a distance of 697. 54 feet to an intersection with the Southerly prolongation of a 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 1 as laid out and in use;
THENCE South 67'04'0T' West on said right-of-way line, a distance of25.72 feet;
THENCE North 09'23'05" West a distance of566.58 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 distance 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 South 122008'47" East, a distance of 14.28 feet to the POINT OF
BEGINNING;
THENCE North 82016'19" East, a distance of233.88 feet;
THENCE North 56020'34" East, a distance of 183.11 feet;
THENCE North 69032'34" East, a distance of80.74 feet;
THENCE North 85058'35" East, a distance of 145.31 feet;
Composite Exhibit "A"
Page 2 of3
THENCE North 76055'06" East, a distance of 150.04 feet
THENCE South 166055'06" East, a distance of20.00 feet;
THENCE South 256055'06" West, a distance of 151.63 feet;
THENCE South 265058'35" West, a distance of 144.00 feet;
THENCE South 249"32'34" West, a distance of75.54 feet;
THENCE South 236020'34" West, a distance of 185.40 feet;
THENCE South 262016' 19" West, a distance of238.49 feet;
THENCE North 352016'19" West, a distance of20.00 feet to the POINT OF
BEGlNNlNG;
Said lands lying in the City of Marathon, Monroe County, Florida and containing 15,881
square feet (0.365 acres) more or less.
Composite Exhibit "A"
Page 3 of3
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