08/18/2010 Easement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
August 20, 2010
TO:
Suzanne A. Hutton
County Attorney
FROM:
Kathy M Peters
Executive Assistant
/Cte}v
Pamela G. Hanco.c1fJb.C.
A TTN:
At the August 20, 2010, Board of County Commissioner's meeting the Board granted
approval and authorized execution of two stormwater utility easements over the abandoned
porition of First Avenue to allow access for the maintenance and eventual reconstruction of our
stormwater management system.
Enclosed are the original documents for your handling. Please return the documents to
our office once recorded. Our office will forward the original to Finance and maintain a copy for
the record. Should you have any questions, please feel free to contact this office.
cc: Finance
File .;
This instrument was prepared by
Or under the direction of,
Christine Limbert-Barrows, Esq.
FBN 0690783
Office of County Attorney
P.O. Box 1026
Key West, FL 33041-1026
CIII~cl:l '18CZI~~139 08/24/2010 12: 38P"
F',L 14id & RE!Corded in Off icia 1 Records of
MONROE COUNTY DANNY L. KOLHAGE
Df~cl '180:-5139
Ska 2480 Pgl 1660
STORMW ATER UTILITY EASEMENT
}~I/
THIS STORMW A TER UTILITY EASEMENT is made this . 0 day of
~OlO, by and between Bush Sneed, Eadeh Bush Company LLC, Grantor,
whose address is 12 Driftwood Drive, Key West, FL 33040 and owns property located at
6325 First Street, Key West, FL 33040, to Board of County Commissioners of Monroe
County, Florida, Grantee.
WITNESSETH:
WHEREAS, the Grantor is the owner of property located at 6325 First Street in Key
West, Florida (Parcel ID: 00124550-000100); and
WHEREAS, the Board of County Commissioners of Monroe County, Florida on or
about November IS\ 2006 by Resolution No. 518-2006 renounced and disclaimed any
right of the County and the Public in and to a potion of First Avenue, Stock Island, as
recorded in Plat Book 1, at Page 55 of the Public Records of Monroe County, Florida
(described below in Exhibit "A" attached hereto and made a part hereof) and which was
previously closed to Public Access pursuant to Resolution No. 279-1988; and
WHEREAS, when the Board of County Commissioners abandoned the end of First
Avenue, it did so with the intent to retain an easement adequate for maintenance and
eventual reconstruction of the County's stormwater management system; and
WHEREAS, it is necessary for grantee to maintain an easement over the abandoned
portion of First Avenue for the purposes of conducting routine maintenance on our
stormwater management system; and
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 agents, its successors and assigns, a perpetual and non-exclusive
easement of 30 feet in width, the centerline of which is the centerline of the stormwater
drainage line located under First Avenue, and running east under the abandoned portion
of First A venue from the western boundary of the abandoned portion of First Avenue,
more particularly described in Exhibit "A", to the outfall structure located at the
shoreline. The abandoned portion of First Avenue is more particularly described in
Exhibit "A". The easement over and across the abandoned portion of First Avenue is for
the purpose of adequate maintenance and eventual reconstruction of our stormwater
management system this includes limited ingress and egress within said described
property, and providing Grantee the right to construct, alter, and repair the stormwater
drainage system as needed, conditioned upon the Grantee restoring any of the Grantor's
property disturbed in the construction, alteration, repair and maintenance of said
stormwater management system to its original state and Grantee holding Grantor
harmless for the acts and omissions of its officers, employees, agents and contractors, and
upon the representation that Grantee is a state governmental agency as defined by Florida
Statutes and shall maintain suitable Public Liability insurance or be self-insured, in
amounts adequate to respond to any and all claims within the limitations of Florida
Statute 768.28 arising out of the activities authorized in this easement. No structures or
fences should be constructed within the easement restricting access to the pipeline, drain
line or stormwater management system.
Subject to easements and restrictions of record
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed
in its name by Bush Sneed, the day and year first stated above.
WITNESSES SIGNATURE
EADEH BUSH COMPANY LLC
BUSH SNEED
SI~
~~
--....
Bush Sneed
C&t~~~c<xJW
&ess
~/Il,lj,i }1CU?ClSCO
P . ted Name of Witness
CIII~C. '18el~!~ 139
Ska 2480 Pga 1661
STATE OF FLORIDA
COUNTY OF MONROE
BEFORE ME, the undersigned authority, personally appeared &.a.. S ".eel
who is personally know to me, or has produced as
identification. --
.>>
Sworn and subscribed before me this ~ ~ -" day of T ~L
~ ~. ... _ -C~----
~..~
Notary Signature
, 2010
(notary seal)
NOTARY PUBUC-STATE OF FLORIDA
.....",'"'"", Kenneth H. Schultz
i W ~ Commission # DD665907
-:",'f411...i Expires: JUNE 08, 2011
BoimD; nIRU ATI..ANT1C BONDING cO'J INe.
My Commission expires: Jv~% I ~o' 1
IN WITNESS WHEREOF, the grantee has caused these presents to be executed in its
name by its Board of County Commissioners of
>;;~~-~L~r Vice-Mayor, this I fdt..., day of
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\~.,~~~' , ~ ~ANNY L. KOLHAGE, CLERK
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Deputy lerk
onroe County, Florida, acting by its
, 2010.
CHRIST NE M. LIMBERT-BARROWS
ASSISTttY COUNTY ATTORNEY
Date . I ~q I J}.{) 1(")
I
Clll:>>C I '18el~!' 139
EI:I<t:I ~i~48el PgI 1662
[11.:>>cll '18el~~ 139
EI:I<II ~:~48el PglI 1663
ExmBIT A
PARCEL 1: A parcel of land on Stock Island being a portion of the N' I Y Y2 of First
Avenue, lying between the E'ly right of way line of First Street and the original shoreline
of Boca Chica Channel, also lying between Blocks 33 and 44, as shown on George
McDonald's Plat of Stock Island, as recorded in Plat Book 1, at Page 55 of the Public
Records of Monroe County, Florida, said parcel being more particularly described by
metes and bounds as follows:
COMMENCE at the SW'ly corner of the said Block 33, said point also being the
N'ly right of way line of First Avenue and the E'ly right of way of First Street and run
thence E'ly along the N'ly right of way line of the said First Avenue for a distance of
24.00 feet to a point, said point being the Point of Beginning; thence S'ly and at right
angles for a distance of 30.00 feet to the centerline of the said First Avenue; thence E'ly
and at right angles along the centerline of the said First Avenue for a distance of 235.00
feet to the original shoreline of Boca Chica Channel as shown on said Plat; thence N'ly
with a deflection angle of 104046' 15" to the left and along the original shoreline of Boca
Chica Channel as shown on said Plat for a distance of 20.5 feet, more or less, to the
apparent Mean High Water Line of the said Boca Chica Channel; thence meander W'ly
and NW'ly along the apparent Mean High Water Line of the said Boca Chica Channel for
a distance of 64 feet, more or less, to the N' I y right of way line of the said First Avenue;
thence W'ly and along the N'ly right of way line of said First Avenue for a distance of
167 feet, more or less, back to the Point of Beginning.
PARCEL 2: A parcel of land on Stock Island being a portion of the S 'ly Y2 of First
Avenue, lying between the E'ly right of way line of First Street and the original shoreline
of Boca Chica Channel, also lying between Blocks 33 and 44, as shown on George
McDonald's Plat of Stock Island, as recorded in Plat Book 1, at Page 55 of the Public
Records of Monroe County, Florida, said parcel being more particularly described by
metes and bounds as follows:
COMMENCE at the NW'ly corner of the said Block 44, said point also being the
S 'ly right of way line of First Avenue and the E'ly right of way line of First Street and
run thence E'ly along the S'ly right of way line of the said First Avenue for a distance of
32.00 feet to B point, said point being the Point of Beginning; thence N'ly and at right
angles for a distance of 17.50 feet; thence W'ly and at right angles for a distance of 8.00
feet; thence N'ly and at right angles for a distance of 12.50 feet to the centerline of said
First Avenue; thence E'ly and at right angles along the centerline of the said First Avenue
for a distance of 235.00 feet to the originally shoreline of Boca Chica Channel as shown
on said Plat; thence S'ly with a deflection angle of 75013'45" to the right and along the
original shoreline of Boca Chica Channel as shown on said Plat for a distance 31.03 feet
to the S 'ly right of way line of the said first Avenue; thence W'ly with a deflection angle
104046' 15" to the right and along the S'ly right of way line of the said First Avenue for a
distance of 234.90 feet back to the Point of Beginning.
PditiaMt Boyd's Camparouad, Lad.
RESOLU'DON NO. 511 - 2086
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, RENOUNCING AND DISCLAIMING ANY RIGHT
OF THE COUNTY AND THE PUBLIC IN AND TO A PORTION OF
FIRST AVENUE, STOCK ISLAND, AS RECORDED IN PLAT BOOK 1,
AT PAGE 55 OF TBJ: PUBLIC RECORDS OF MONROE COUNTY,
FLORIDA AND WWCU WAS PREVIOUSLY CLOSED TO PUBLIC
ACCESS PURSUANT TO RESOLUTION NO. 279.1981.
CII.:)cl '18el~!' 139
Ska 2480 Pgl 1664
WHEREAS, the Board of County Commissioners of Monroe County, Florida, desires to
renounce and disclaim any right of the County and the public in and to the hereinafter described
streets, aJley-ways~ roads or highways, and
WHEREAS, due notice has been published and a public hearing has been held in
accordance with Chapter 336, Florida Statutes, and
WHEREAS, at said pubic hearing the Board considered the argument of all parties
present wishing to speak on the matter, and all premises considered concerning the renouncing
and disclaiming of any right of the County and the public in 8Dd to the hereinafter described
streets, alley-ways, roads or highways as delineated on the hereinafter described map or plat, and
WHEREAS, the Board has determined that vacation of the said road is for the general
public welfare~ and conforms to the requirement of Fla. Stat.. Sees. 336.09 and 336.10; now,
therefore~
BE IT RESOLVED THAT THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, hereby renounces and disclaims any right of the County and
the public in and to the fonowing described streets, alley-ways, roads or highways as delineated
on the hereinafter descnbed map or plat~ to--wit:
PARCEL 1: A parcel of/and on Stock Island being a portion of the N'ly 1/2 of
First A venue, lying between the E'1y right of way line of First Street and the
original shoreline of Boca Chica Channel, also lying between Blocks 33 and 44,
as shown on George McDonald's Plat of Stock Island, as recorded in Plat Book I,
at Page 5S of the Public Records of Monroe County, Florida, said parcel being
more particularly described by metes and bounds as follows:
COMMENCE at the SW'1y corner of the said Block 33, said point a/so
being the N'ly right of way line of First Aw""e and the E'Jy right of way line of
First Street and run thence E'ly along the N'ly right of way line of the said First
Avenue for a distance of 24.00 feet to a point, said point being the Point of
Beginning," thence S'ly and at right angles for Q distance of 30.00 feet to the
centerline of the said First Avenae; thence E'ly and at right angles along the
centerline of the said First Avenue for a distance of 235.00 feet to the original
[llj~cll '18el~!' 139
Bka 2480 PgII 166~
shoreline of Boca Ch;ca Channel as shown on SlJid Plat; thence N'ly with a
deflection angle of 104046'15" to the left and along the original shoreline of Boca
Chica Channel as shown 011 said Plat for a distance of 20.5 feet, more or less, to
the apparent Mean High Water Line of the said Boca Chico Channel; thence
meander W'ly and NW'1y along the appaI'ent Mean High Water Line of the said
Boca Chica Channel for a distance of 64 feet, more or less, to the N'1y right of
way line of the said First Avenue; thence W'ly and along the N'ly right ofway line
of the said First Avellllefor a distance of 167 feet, more or less, back to the Point
of Beginning.
PARCEL 2: A parcel of land on Stock Island being a portion of the S'ly
1/2 of First AvellUe, lying between the E'ly right ofway line of First Street and the
original shoreline 01 Boca Chica Channel, also lying between Blocks 33 and 44,
as shown 011 George McDonald's Plat of Stock Island, as recorded in Plat Book I,
at Page 55 of the Public Records 01 Monroe COIIIIty, Florida, said parcel being
more particularly described by metes and bounds as lollows;
COMMENCE at the NW'1y corneT of the said Block 44, said point also
being tile S'1y right alway line of First Avenue and the E'ly right of way line of
First Street and nm thence E'ly along the S'ly right of way line of the said First
Avenue for a distance of 32.00 feet to B point~ said point being the Point of
Beginning: thence N'ly and at right angles for a distance of 17.50 feet; thence
W'1y and at right angles for a distance of 8.00 feet; thence N'1y and at right
angles lor a distonce 0112.50 feet to the centerline 01 the said First Avenue,-
thence E'ly and at right angles along the centerline of the said First A venue for a
distance of 235.00 feet to the original shoreline of Boca Chica Channel as shown
on said Plat; thence S'1y with a deflection angle of 75013.45" to the right and
along the original shoreline of Boca Chica Channel as shown on said Plat for a
distmrce of 31.03 feet to the S'Iy right ofway line of the said First A Willie; thence
W'lywith a deflection angle 104046'/5" to tire right and along the S'Iy right of
way line of the said Firn Al1e1Rlefor a distance of234.90feet back to the Poin/of
Beginning. :x ;;."
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe c~ a
at a special meeting oftbe Board on the 1st day of November, 2006. 1'T1:x-< I -....
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BOARD OF COUNTY COMMISSIONERS
OF MONROE CO ) FLORIDA
By
II McCoy
(KMP:RAP: FIRST A \IE., STOCK ISLAND 11 1 06)
Mayor Chari n
MONROE COUNTY ArrORNEY
~EO~L
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0* COUNlJ(m'~4
rlll)NRC:tl: C:C:tUNTY
CIII=FIC:::IAL. RECORDS