HomeMy WebLinkAbout08/18/2010 Easement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
August 20, 2010
TO:
Suzanne A. Hutton
County Attorney
A TTN:
FROM:
Kathy M Peters
Executive Assistant
/~
Pamela G. HancdckYb. c.
At the August 20, 2010, Board of County Commissioner's meeting the Board granted
approval and authorized execution of two storm water utility easements over the abandoned
porition of First A venue to allow access for the maintenance and eventual reconstruction of our
storm water 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 .;
- 08/24/2010 12:38P"
Clll:>>cl '18el~!~140 . Off icial Records of
F' ,l14.d I ! R.'(;cUoNrTdyed DANNY L. KOLHAGE
r~I)NR(,":, C, It
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
[111:>>cl '18el~~140
EI:I<I ~:~.'8el PglI 1666
STORMW A TER UTILITY EASEMENT
T IS STORMW ATER UTILITY EASEMENT is made this I~aay of
, 2010, by and between Daniel Hamilton, Boyd's Campground LTD, Grantor,
wh e address is 6401 Maloney Avenue, Key West, FL 33040, to Board of County
Commissioners of Monroe County, Florida, Grantee.
WITNESSETH:
WHEREAS, the Grantor is the owner of property known as Boyd's Campground in Key
West, Florida (Parcel ID: 00125670-000000); and
WHEREAS, the Board of County Commissioners of Monroe County, Florida on or
about November 1st, 2006 by Resolution No. 518-2006 renounced and disclaimed any
right of the County and the Public in and to a portion of First A venue, 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
A venue, 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 A venue 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 storm water
drainage line located under First A venue, and running from east to west under the
abandoned portion of First Avenue, more particularly described in Exhibit "A", to the
outfall structure located at the shoreline. The easement over and across the abandoned
portion of First A venue 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
[111:>>CtI '18el~!~ 140
EI:I<II ~:~48el p... 1667
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 any other easements and restrictions of record
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed
in its name by Daniel Hamilton, the day and year first stated above.
WITNESSES SIGNATURE
BOYD'S CAMPGROUND LTD
DANIEL HAMILTON
ATURE
STATE OF FLORIDA
COUNTY OF MONROE
BEFORE ME, the undersigned authority, personally appeared J;q,v;Q! ~; ) 4~
who i~sonally know to ~ or has produced as
identification.
Sworn and subscribed before me this 2 ?.:!1day of J:.lv ,2010
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Notary Signature a;.U~l"UI }~KW&
My Commission expires: J'",:. ~ - ~<!J I '.J.-,-- ~sl;~~
. . ~1IDIOCD.a
tlll:>>cll '1821~!' 140
EI:I<a ~:~.'821 PSlII 1668
MONROE COUNTY ATTORNEY
APPRO~D AS TO FORM:
Cl1A.-t~9~ JboH-13awo'~fl
. CHRISTI E M. LIMBERT-BARROWS
ASSIST1~?/OUNTY ATTORNEY
Date ~q IAD/()
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C/1f:lCa '18e'~!, 140
Ska 2480 Pga 1669
EXIDBIT A
PARCEL 1: A parcel of land on Stock Island being a portion of the N'ly ~ 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 comer 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 A venue 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 A venue 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'ly right of way line of the said First A venue;
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 ofland on Stock Island being a portion of the S'ly ~ of First
Avenue, lying between the E'ly right of way line of First Street and the original shoreline
of Boca Chic a 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 comer 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.
Petitioner Boyd's ~ LId..
[lll,cl '18el~!' 140
EI:I<1t ~;~~'8rzl PgI 1670
RESOLUTION NO. 518 - 20M
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 A VENUE, STOCK ISLAND, AS RECORDED IN PLAT BOOK 1,
AT PAGE 55 OF TIlE PUBLIC RECORDS OF MONROE COUNTY,
FLORIDA AND WMCH WAS PREVIOUSLY CLOSED TO PUBLIC
ACCESS PURSUANT TO USOLUDON NO. 179.1981.
WHEREAS. the Board of County Commissioners of Monroe County, Florida. desires to
renounce and disclaim BDy right of the County and tbe public in and to the hereinafter described
streets, alley-ways, roads or highways, and
WHEREAS, due notice bas been published and a public hearing has been held in
accordance with Chapter 336, Florida Statutes, and
WHEREAS, at said public 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 and to the hereinafter described
streets. alley-ways, roads or highways as delineated on the hereinafter described map or plat. and
WHEREAS, the Board has detennined 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 following described streets, alley-ways. roads or highways as delineated
on the hereinafter described map or plat~ to-wit:
PARCEL 1: A parcel of land on Stock Is/ond being a portion of the N'/y 1/2 of
First AW1IIIe, /ying between the E'1y right of ~ line of First Street and the
original shoreline of Boca Chica Channel. also lying between B/ocb 33 and 44,
as shown on George McDonald's Plat of Stock Islond, as recorded in Plat BooIc I,
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'iy comer of the said Block 33, said point also
being the N'1y right of way line of First Avenae and the E'Jy right oj way line of
First Street and nm thence E'Iy along the N'1y right of way line of the said First
Avenue for a dis10nce of 24.00 feet to a point. said point being the Point of
&ginning; thence S'ly and at right angles for a distance of 30.00 feet to the
centerline of the said First Ave1lrle; thence E'Iy and at right angles along the
centerline of the said First Avenue jor a distance of 235. 00 feet to the original
[114,cl '18el~~ 140
Bka 2480 Pgl 1671
shoreline of Boca Chico Channel as shown on said Plat; thence N'/y with a
deflection angle of 104046'15" to the /eft and along the original shoreline of Boca
Chica CIronneI 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 Chico Channel; thence
meander W'ly and NW'1y along the apparent Mean High Water Line of the said
Boca Chica Channel for a distonce of 64 feet, more or less, to the N'/y right of
way line of the said First Avenue; thence W'ly and along the N'1y right of way line
of the said First Avenuefor a dis10nce of 167 feet, more or less, back to the Point
of Beginning.
PARCEL 2: A parcel of land 011 Stock Island being a portion of the S'1y
1/2 of First Avenue, lying between the E'ly right ofway line of First Street and the
original shoreline of Boca Chico Channel, also lying between Blocks 33 and 44,
as shown on George McDona/d's Plat of Stock Island. as recordi!d in Plat Book 1,
at Page 5S of the Public Records of Monroe COU1I(JI, Florida, said parcel being
more particularly described by metes and bounds as follows;
COMMENCE at the NW'1y corner of the said Block 44, said point also
being tile S'ly right of way line of First A venIIe and the E'1y right of way line of
First Street and nm thence E'/y along the S'/y right of way line of the said First
Avenue for a distonce 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'/y 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 the said First Avenue,'
thence E'/y 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 Chico Channel as shown
on said Plot; thence S'/y with a deflection angle of 75013'45" to the right and
along the original shoreline of Boca Chico Channel as shown 011 said Plat for a
distonce of J 1. 03 feet to the S'ly right of way line of the said First A venue; thence
W'lywithadefkctionangle 104046'15" to the right and along the S'/y right of
way line of the said First Avenue for a distance of 234.90 feet back to the Point of
Beginning. roo
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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. ~:x;:: I ~
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BOARD OF COUNTY COMMISSIONERS
OF MONROE CO , FLORIDA
By
(KMP:RAP: FIRST AVE, STOCK ISLAND III 06)
Mayor Cbarl "
MONROE COUNTY ATTORNEY
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CIII=FIC:::IAL. RECORDS