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06/15/2011 EasementPrepared by. City of Marathon Utilities Dept. 9805 Overseas Hwy Marathon, FL 33050 Tax Parcel No.:00104606000000 Doc# 1844446 97/22/2011 10:43AM Filed 8 Recorded in Official Records of MONROE COUNTY DANNY L, KOLHAGE Doc# 1844446 80 2526 Pq# 2415 above for recording data UTILITY EASEMENT The undersigned Grantor(s), (whether one or more) as PROPERTY OWNERISh Monroe County, a political subdivision of the State of Florida (collectively the "Grantor") whose maillna address Is: 1100 Simonton Street, Key West, Florida 33040 and whose property address is: 1100 Simonton Street, Key West, FL in consideration of one dollar and other good and valuable considerations, the receipt of which is hereby acknowledged, do hereby grant, bargain, sell and convey to Florida Keys Electric Cooperative, Inc., a Florida not - for -profit corporation, of P.O. Box 377, Tavernier, Florida 33070 -0377, its successors and assigns, AND to the City of Marathon, a Florida municipal corporation, of 9805 Overseas Hwy., Marathon, FL 33050, its successors and assigns, collectively, the "Grantees' , for a period of Nine (9) years from the dais hereof, a Non -Exclusive Utility Easement for water, wastewater, sewer, storm water sewer, electric, telephone, gas, cable and any other communication service (the "Utility Services') over, under, upon and across the lands and real property situate, lying and being in the County of Monroe, State of Florida, more particularly described as follows (the 'Easement Parcel'): See exhibit °A" attached hereto and by reference made a part hereof also, fora period ol Nine (9) years tram the data hereof, a Non - Exclusive Easement over, under, upon and across all streets, alleys, easements and rights of way in any subdivision or recorded plat, which subdivision or recorded plat includes the Easement Parcel, to the extent of Grantor's interests therein; together with the right to construct, operate, maintain, repair, replace, improve, remove, as necessary any and all Utility Services including but not limited to water transmission distribution facilities, waste and storm water collection and transmission facilities, lift stations, junction boxes, electric lines and systems and all related appurtenances, equipment, poles, structures, enclosures, as the Grantees, in their judgment, for the provision of their respective Utility Services; the right to alter, modify, increase or decrease the number and size of conduits, pipes, wires, voltage, poles, cables, downguys, transformers, transformer enclosures, regulators, as deemed necessary by Grantees; the right to cut, trim, remove, and control the growth of trees, shrubberies, and all other vegetation in, on or over the Easement Parcel by all reasonable means available. Grantor shall keep the Easement Parcel free and clear of all buildings, structures or other obstructions, and shall not allow any activities that would interfere with the Grantees' safe installation and proper operation, maintenance, inspection, alteration or removal of the facilities contemplated by this easement. Any obstruction to the safe or proper operations, maintenance, inspection, use or removal of the facilities may be removed by the Grantees at Grantor's expense. Grantor agree(s) that all facilities installed by Grantees shall remain the property of the Grants", removable at their option, and shall not be subject to any interest or claim of Grantor. This Utility Easement shall run with the land, and any abandonment of the use of the easement, or interruption of its use, during the term of this easement shall not terminate or impair the interests of the Grantees in this Utility Easement. All covenants, stipulations, terms, conditions and provisions of this Utility Easement shall extend to and shall be binding upon the respective successors and assigns of the Grantees. Grantor does hereby warrant that Grantor is lawfully seized of the Easement Parcel in fee simple and that Grantor has good right, title and authority to execute this Utility Easement. the undersigned Grantor has hereunto set hislher/their hand(s) and seal(s) thisi Iday of ti 20'! BOARD OF COUNTY COMMISSIONERS Clerk OF MONROE OUNTY„FLORIDA By: Mayor eath Carruthers Date: z i #765058 v2 373880019 UiliiyEawnxntJoin( with City V -2 3 -8 -2011 MO OS COUN �A O EY '� f pOVED PEDRO' ERGA )0 ASSISTAAr UNTY ATTORNEY 7 oats s a N GRAPHIC SCALE c a. rsrr ACCESS & UTILITY EASEMENT EXHIBIT CITY OF MARATHON SERVICE AREA 5 WASTEWATER TREATMENT PLANT W EC -E WERZR EWNMMQ C0 R P O R A T I O N 8805 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 (305) 289 -4181 Doc# 1844446 8k# 2526 Pg# 2416 MONROE COUNTY OFFICIAL RECORDS