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09/20/1977TEMPORARY EASEMENT THIS INSTRUMENT made and entered into this 20 day of September, A.D. 1977, by and between MONROE COUNTY, FLORIDA, a political subdivision of the State of Florida, party of the first part, and JOHN LAWRENCE FILER of Monroe County, Florida, party of the second part: W I T N E S S E T H: WHEREAS, the party of the second part is owner of certain property at Big Torch Key, Monroe County, Florida and is presently constructing two dwelling units on said property together with sea wall and utility poles and is in need of security from vandals during said construction which reasonably expected to require a year's duration, and WHEREAS, the party of the first part holds property south of the abovesaid which is an unpaved dedicated County Road right- of-way, and WHEREAS, the party of the second part desires to obtain from the party of the first part a temporary easement for one (1) year so that a temporary fence can be erected across said 50 foot right-of-way to secure and protect said construction and materials, NOW THEREFORE In consideration of the sum of One ($1.00) Dollar, the receipt of which is hereby acknowledged, the party of the first part does hereby grant, bargain, sell and convey unto the party of the second part a one (1) year temporary easement to erect at the party of the second part's own expense a chain link fence to tun 50 feet across the County right-of-way at the following location described hereafter: "Begin at the Southeast corner of Govt. Lot 5, S12, T66S, R28E; thence run North along the East line of said Govt. Lot 5 a distance of 50 feet to a point; thence run West a distance of 2 feet to a point; thence run South and parallel with the East line of said Govt. Lot a distance of 50 feet to the point of intersection with the South line of said Govt. Lot 5; thence run East along said South -2- line a distance of 2 feet back to the Point of Beginning." The party of the second part agrees to hold the party of the first part harmless for any damage or injury to third parties occa- sioned from the exercise of this easement and also agrees to remove said fence exactly one (1) year from the date of this easement and agrees to return said property to its original state at termination of said easement or the party of the first part is authorized to remove said fence without notice and charge the party of the second part reasonable expenses incurred in said removal. TO HAVE AND TO HOLD the said rights and easement unto the party of the second part, and its assigns, for a period of one (1) year commencing from date hereof. IN WITNESS WHEREOF, the said COUNTY OF MONROE, STATE OF FLORIDA, parties of the first part, have signed these presents and attached its seal on the day and year first above written. Attest: C erk to the Board (SEAL) COUNTY OF MONROE ) SS STATE OF FLORIDA ) BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY= - bp Mayer'/Chairman in behalf of the Board, Party of the First Part THIS DAY personally appeared before me the undersigned authority duly authorized to administer oaths and to take acknow- ledgments, Puriegton Howanitz, Chairman of the Board and Ralph W. White, Clerk to the Board, who after being first duly sworn acknow- ledged that they signed the aforesaid Temporary Easement as set forth abovesaid. SWORN TO AND SUBSCRIBED before me this day of September, A.D. 1977. / My Commission Expires: �_�� �� tar ic, ida (SEAL) ge -3- I hereby accept said Temporary Easement and agree to the terms imposed upon me by same. Witnesses: JOHN LAWRENCE FILER, Party y ,fir of the Second Part STATE OF FLORIDA ) SS COUNTY OF MONROE ) THIS DAY personally appeared before me the undersigned authority duly authorized to administer oaths and to take acknow- ledgments, JOHN LAWRENCE FILER, who after being first duly sworn and cautioned, deposed and acknowledge that he signed the aforesaid Temporary Easement for the purposes set forth therein and of his own free will and that the matters contained therein are true and correct. SWORN TO AND SUBSCRIBED before me this SAkday of September, A.D. 1977 My Commission Expires (SEAL) ' s . r-' s , ;z..s 9ui N►, 19. Bonded aY Amercan Fire & Casualty Ce"'van'1 Notary Public, State ofi9Florida At Large i HEREBY CE;:TO th t ^-" at has been reviewed for i ...o. ntv aid content and that the sir:: with my, apprevat �, RICHA C C. MYNE Asst. Uvmij l UamW