10/17/2012 Easement DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE: November 29, 2012
TO: Jerry Barnett, Director
Project Management
ATTN: Ann Riger
FROM: Pamela G. Hanco ;. C.
On November 5, 2012, our office forwarded you an original of Item C44 Grant of
Easement from Monroe County to Florida Keys Aqueduct Authority from the October 17, 2012
Board of County Commissioners meeting.
Enclosed is the original Easement that has been recorded into the Official Records for
your handling. Should you have any questions, please feel free to contact me.
cc: County Attorney
Finance
File N/
Doc# 1906837 11/09/2012
Filed & Recorded in Official Records of
MONROE COUNTY DANNY L. KOLHAGE
'ILit imaumeat is ptep�rod by. a ender the dieoc8on of
Neo'leeoe W. Cie W B>s%
RN 365M
Auk= County A=mq Doc# Office of ddhe M ' Oway �ttnr BkN 2597 68
P9N 2173
P.O. soot 1026
Key WeM PL 33011 -1026
(uWas farm pmvkbd by FKAA)
GRANT OF WATER AND WASTEWATER
CEMENT
It is hereby agreed that Monroe County, a political subdivision of the State of Florida,
(herein referred to as "Grantor') for and in consideration of the sum of ONE DOLLAR ($1.00)
and other good and valuable considerations, the receipt of which is hereby acknowledged by
Grantor, paid by the Florida Keys Aqueduct Authority (hereinafter referred to as "Authority"),
does grant, sell and convey, unto Authority an easement under the following terms and
conditions:
1. Grantor hereby grants to the Authority an easement under, over, across and upon the
following described property:
A portion of MacDonald Avenue, lying South of Lots 11,12,13, 14, & 15, Block 31 and North of
Lots 8, 9, & 10, Block 35, and Northerly of Maloney Avenue (as adsting and constructed)
"MALONEY'S SUBDMSION OF STOCK ISLAND" a subdivision of Government Lots 1, 2, 3,
5, & 6, Section 35, Government Lot 2, Section 36, Government Lot 3, Section 26, and
Government Lot 2, Section 34, all in Township 67 South, Range 25 East on Stock Island
according to the plat thereof, as recorded in Plat Book 1 at Page SS of the Public Records of
Monroe County Florida, and being more particularly described as follows:
BEGIN at the Southeast corner of said Block 31; thence S 00°05'34" E along the Southerly
extension of the Easterly line of said Block 31 for 60.00 feet to the Northeast corner of said
Block 35, thence S 89 °5426" W along the North lines of said Lots 8, 9, & 10 for 142.91 feet to
the Northerly Right -of —Way line of Maloney Avenue and a point on a curve, concave to the
Southwest, having a radius of 985.40 feet, a central angle of 06 °30'34 ", a cord bearing of N
73 °15'02 "W and a cord length of 111. 89 feet; thence along the arc of said curve, an arc length
of 111.95 feet to the Southerly Extension of the Westerly Line of said Lot 15; thence N 00°05'34"
W along the Southerly extension of the Westerly line of said Lot I5 for 2 7.58 feet to the
Southwest corner of said Lot 15, and also being the Northerly Right- of-Way line of MacDonald
Avenue, thence N 89 °54'26" E along the Southerly lines of said Lots 11, 12, 13, 14 & 15 of the
Northerly Right- of-Way Line of MacDonald Avenue for 250.00 feet to the point of Beginning
containing 13,145.43 square feet or 0.3018 acres, more or less.
DocN 1906837
Bk# 2597 Pgp 2174
2. Authority, its successors and assigns, shall have the right to construct, reconstruct, lay,
install, operate, maintain, relocate, repair, replace, improve, remove, and inspect water
transmission distribution facilities, wastewater collection and transmission facilities, and
all appurtenances thereto and shall have full right of ingress and egress thereto and
therefrom over and across the easement area Notwithstanding the foregoing, however,
no existing improvement shall be disturbed or removed.
3. Grantor shall furnish and maintain the easement area free of and clear from any
obstruction and shall not construct, place, or allow the placing or construction of any
obstruction which would interfere with Authority's safe or proper installation, operation.
maintenance, inspection, or removal of the water transmission and distribution facilities,
wastewater collection and transmission facilities, and all the appurtenances thereto
located in the easement area. Grantor shall have the right to make any other use of the
easement area which does not interfere with the Authority's rights.
4. Any obstruction to the safe or proper operation, maintenance, inspection, or removal of
Authority water transmission and distribution facilities, wastewater collection and
transmissions facilities, and all appurtenances thereto may by removed by the Authority
at Grantor's expense.
S. Grantor shall bear the cost of any relocation or modification of said facilities when the
change is necessitated by Grantor's requirements or those of any utility other than the
Authority.
6. Grantee shall hold 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
Doca 1906837
BkN 2597 PgN 2175
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, as reflected by the Grantee's acceptance of the conditions below.
7. All covenants, stipulations, terms, conditions, and provisions of this agreement shall
extend to and be made binding upon respective successors and assigns of Authority and
Grantor. It is intended that this agreement shall be recorded and be binding upon future
owners of the above described property and the Authority, and all successors thereto.
8. The Grantor does hereby wan it has full power of authority to grant this easement.
IN WITNESS WHEREOF, the Grantor has hereunto set its hand and seal this day of October
17, 2012.
[SEAT..]
ATTEST: Danny L. Kohlag Clerk
By-
Deputy Clerk
Date: C � OL
(GRANTOR)
Board of County Commissioners of Monroe
County, rid
B y :
Da id Rice, ayor
Date: /0 /
WITNESSES for FKAA: FLORIDA KEYS AQU 2 �_, 7 �� C
Sign Name: By:
Print Name f ¢ K, rk c` _ ecutive Director
Date: /�? Title
Sign N MONROE COUNTY ATTORNEY,
Print Name 6"C.t Ck P APPROVED AS TO FQ
Date: l 1 - Q
/ NATILEENE W. ASSEL
STATE OF FLORIDA A88 1 8TANT COUNTY ATTORNEY
COUNTY OF MONROE Date /b - i -
The foregoing instrument was acknowledged before me this day of 2012, by
k� k C . - ZL4 ,eltin whose is f_*(( Lt� „e Of r c�o ,- on behalf of FKAA, who is
CpRi o — nay known produced as i0ept#icatim
MONROE COUNTY
OFFICIAL RECORDS
JANET E. COLEY
MY COMMISSION 1 EE 839443
EXPIRES: January 29, 2017
° . ?,,:ir v':•' Bonded Thru Notary Publk Uiderwitm