Easement 09/17/2008
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
October 14, 2008
TO:
Andrew Trivette, Director
Growth Management Division
FROM:
Mayra Tezanos
Executive Assistant
Pamela G. Hanc~c.
ATTN:
At the September 17, 2008 Board County Commissioner's Meeting, the Board granted
approval and authorized execution of the following:
Easement between Monroe County and Islander Village, LLC., grantors and the Utility
Board of the City of Key West, Florida, grantee and rescission of easement previously granted on
May 21, 2008. Enclosed is the original Easementfor your handling.
Resolution No. 295-2008 supporting the proposed amendment to Policy 102.8.5 of the
Comprehensive Plan to facilitate central wastewater service to No Name Key. Enclosed is a
certified copy of the subject Resolution for your handling.
Should you have any questions please do not hesitate to contact our office.
cc: County Attorney wlo Resolution
Finance wlo Resolution
File _/
Prepared by and Return to:
Spottswood, Spotts wood & Spotts wood
500 Fleming Street
Key West, Florida 33040
EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that MONROE COUNTY, a political
subdivision of the State of Florida, its successors and assigns, whose address is I 100
Simonton Street, Key West, Florida 33040, and ISLANDER VILLAGE, LLC, a
Florida limited liability company, its successors and assigns, whose address is 201 Front
Street, Suite 224, Key West, Florida 33040, collectively referred to herein as "Grantor",
and THE UTILITY BOARD OF THE CITY OF KEY WEST, FLORIDA, whose
address is 1001 James Street, Key West, Florida 33040, referred to herein as "Grantee,
for public utility purposes, in, under, over and across the hereinafter described land, in the
management, operation, maintenance, extension, construction and improvement thereof,
of that certain real property located in Monroe County, Florida, which property is
described on Exhibit "A" attached hereto and made a part hereof.
Together with the right of ingress and egress over property of the Grantor, so as to afford
the Grantee complete use and enjoyment of this easement, including the right to cut and
trim, from time to time, trees, brush, over-hanging branches and other natural
obstructions on the land described in Exhibit "A," which may injure or interfere with the
full and complete use of the aforesaid easement.
Property owner and/or homeowners association are required to maintain a minimum of
ten feet clearance in the front of all Padmounted electrical switchgear. This "clear zone"
applies to vegetation also.
This easement shall terminate if at any time its use is discontinued for one year.
IN WITNESS WHEREOF, these presents have been executed by the Grantor herein, all
as of the _ day of September, 2008.
BALANCE OF PAGE INTENTIONALLY LEFT BLANK
STATE OF FLORIDA
COUNTY OF MONROE
On this ~I(jay of August, 2008. before me personally appeared Edwin O. Swift III,
as Manager of Islander Village, LLC, who is personally known to me, and who
acknowledged execution of the foregoing instrument. 1M. ~ ~
Ii" MARION HOPE CASAS Notary Public
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STATE OF FLORIDA
COUNTY OF M9~OE
.Mre II day of Aug st,
1l.:C4/f:rW::O , a
City of Key West, Florida, who i pers
execution ofthe foregoing instrument.
ISLANDER VILLAGE, LLC
BOARD OF COUNTY COMMISSIONER
OF MONROE COUNTY, FLORIDA
BY~~/2Ldl{J~
Mayor Mario DiGennaro
THE UTILITY BOARD OF THE CITY
OF KEY WEST, FLORIDA
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Printed Name: IYlfTHhtw 11. ,PJIlW
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EXHIBIT A
LEGAL DESCRIPTION
A parcel of land on Slock Island, being a part of Block 59, MALONEY SUBDIVISION, according 10 Ihe Plat thereof,
IS recorded in Plat Book I, Page 55, of the Public Records of Monroe County, Florida, and sdjacentsubmerged lands,
said parcel being more particularly described by metes and bounds as fGllaws:
Commencing at the W'ly Right.of-Way Liao OrerOS! Street and the S'ly Right.of-Way Line of Fifth Avenue and run
thence Weslalong the S'ly Risht-of-Way Une of the aaid Fifth Avenue for a distance of 450.00 feet 10 Ihe Point of
Beginning, said point 0150 being the NW'ly comer of LINCOLN GARDENS NO.2 SUBDIVISION, as recorded in
Plat Book Sf at Page 90, of the Public Records of Monroe County, Floridaj thence continue West and along the S'y
Right..o(.Way Line orlbe said Fifth Avenue for a distance of691 .45 feel; thence run South fOT a disrance 0(79.47 feet;
thence run S 3 degrees 00' 00" W for a distance of 88.04 feet to a curve, cOhcave to the Northeast and having for its
elements a radius of 157.0 feet, and a delta of 43 degrees 00'; thence run SE'ly along the arc of said curve for a distance
of 117.83 feet to the end of said curve; thence run S 40 degrees 00' 00" E for a distance of 183.23 feet to a curve,
" concave to the North and havina for its elements a radius of 92.0 reet and a delta of 95 degrees 00'; thence run SE1y
and NE'ly along the arc of said curve for a distance of! 52.54 feet to the end of said curve; thence run N 4S degrees 00'
00" E for a distance of 406.95 feet to a curve, concave to the Northwest and having for its elements a radius of 87.0
feet. and a delta of II degrees 49' 24"j thence run NE'ly along the arc of said curve for a distance of 17.95 feet; thence
run East for a distance of 37.33 feet; thence run S 74 degrees 58' IS" B for a distance of 72.32 feet to a point that is on
the W'ly boundary line of the said LINCOLN GARDENS NO.2 SUBDIVISION; thence run North and along the W'ly
boundary line of the said LINCOLN GARDENS NO.2 SUBDIVfSION for a distance of 139.88 feet back to S'ly righl-
of-way line or the said Fifth Avenue and the Point of Beginning.
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