3. 05/16/2012 Easement DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE: May 25, 2012
TO: Suzanne A. Hutton
County Attorney
ATTN: Kathy M. Peters
Executive Assistant
FROM: Pamela G. Hanc s4tD. C.
At the May 16, 2012, Board of County Commissioner's meeting, the Board granted
approval and authorized execution of Item P5 an Easement between Monroe County and Gregory
& Betty Klimock for a 1 -foot wide, non - exclusive easement that runs parallel to the mean high
water line on Fourth Street on Summerland Key and which commences at the center line of
Fourth Street and extends southward to Lot 20, Summerland Beach Addition No. 1. This is the
last piece to resolve the matter of Klimock v. Monroe County & State of Florida Board of
Trustees of Internal Improvement Trust Fund, Case #: CA -K -10 -969.
Enclosed is an original for recording into the Official Record. Should you have any
questions, please feel free to contact this office.
cc: Finance
File ✓
BOARD OF COUNTY CQW��
Mayor David Rice, ft ict4
Mayor Pro Tern IQm Wiginghon, DWaid 1
OUNTY SO�MONROE 2 3
KEY WEST Mpg) 294 Sylvia Murphy, District 5
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1111 Seree4 S uits #408
9oet offim 2ox 1026
JUV Watt, YX 33041 -1026
(305) 292.3470
Certified # 70113500 00016254 4102
August 20, 2012
Lee Robert Rohe, P.A.
25000 Overseas Highway, Suite 2
Summerland Key, FL 33042
Re: Executed and recorded original Eg4ement = Gregory and Bevy Klimock
Dear Mr. Rohe:
Per your electronic response received today, enclosed please find the executed recorded original
Easement, as approved by the Monroe County Board of County Commissioners on 5/16/12 (P -5), for
retention/safekeeping for your client pending return to the Keys. A scanned copy will be provided to the
Clerk for BOCC records along with this transmittal letter.
Thank you for your cooperation and assistance in this matter.
Sincerely,
Kathy Peters, Paralegal/Administrative Liaison for:
BOB SHILLINGER, JR.
Chief Assistant County Attorney
BSJrkmp:
Enclosure: Executed and recorded original Easement (Klimock)
cc: Danny K. Kolhage, Clerk of the Court i"
DocN 1892034 07/20/2012 10: 10M
Filed & Recorded in Official Records of
MONtOE CMUNTY DANNY L. KOLHAGE
This Instrument Prepared By:
Lee Robert Rohe, Esq., P.A.
25000 Overseas Highway
Summerland Key, Florida 33042
(305) 745 -2254
Florida Bar Number: 271365
07/20/2012 10:190
DEED DOC STAMP CL: MT
Dolt 1892034
BkN 2580 PgN 1125
EASEMENT
$0.70
THIS GRANT OF EASEMENT made on Z 2012, by and between
Monroe County; hereinafter "Grantor," and Gregory Kl' ock and Betty Klimock,
husband and wife, hereinafter "Grantees."
WTTNESSETH that:
WHEREAS Grantor has accepted the public dedication of Fourth Street.
WHEREAS Grantees are the fee simple owners of Lot 20, Summerland Beach
Addition No. 1, which is located adjacent to and south of the southerly platted right -of-
way line of Fourth Street. Grantees desire an easement over a portion of Fourth Street in
order that the Grantees shall have satisfactory evidence of "sufficient upland interest" as
defined in Rule 18- 21.003(60), Florida Administrative Code, for purposes of obtaining a
sovereignty submerged lands lease from the Board of Trustees of the Internal
Improvement Trust Fund of the State of Florida.
WHEREAS Grantor has agreed to grant a non - exclusive easement to Grantees
over and across that portion of Fourth Street more particularly described in Exhibit A
attached hereto and made a part hereof under the terms and conditions set forth herein.
NOW, THEREFORE, Grantor, for and in consideration of the sum of $10.00
and other valuable consideration paid by Grantees to Grantor, does hereby grant to
Grantees and Grantees' heirs, successors, and assigns, a perpetual non - exclusive
easement, together with riparian rights, over and across the real property described in
Exhibit A.
IN WITNESS WHEREOF, Grantor's Mayor has set his hand and seal on the
day and year first written above.
BOARD OF COUNTY COMMISSI40
OF MONROE COUNTY, FLORIDA
By:
YOR
(SEAL)
ATTEST. DANNY L. KOLHAGE, CLERK
Deputy Clerk
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That portion of Fourth Street, according to the plat of Summerland Beach,
Addition No. 1, as recorded in Plat Book 3, Page 20 of the Monroe County Public
Records described as follows:
A one -foot wide strip of land in Section 36, Township 66 South, Range 28 East,
said one - foot -strip of land located along the eastern terminus of Fourth Street, located
contiguous with and landward of the mean high water line of Niles Channel, lying
between the northerly line of Lot 20 and the centerline of Fourth Street, as shown on the
plat of Summerland Beach Addition No. 1, recorded in Plat Book 3, Page 20, Public
Records of Monroe County, Florida.
Doap 1882034
Bkp 2580 Pqn 1127
(1 of 3 pages)
3
Niles Channel, Summerlond Key, Monroe County, Florida,
as follows:
Lot 20, "SUMMERLAND BEACH ADDITION NO. 1", according
)t Book 3, Page 20, of the Public Records of Monroe
along the Northerly line of said Lot 20 (also being the
treet for a distance of 480.00 feet to the platted
Deed No. 22215; thence continue along the extension of
:et for a distance of 50.57 feet to the intersection of
inning; thence continue S 72'34'57" E along the said
also being the Northerly Line of TIIF Deed No. 22215) for
ider the Boulder Rip—rap and the Approx. Mean High
metes and bounds; (1) thence N 54'32'39" W for a
45'09.36" W for a distance of 10.78 feet; (3) thence N
eet; (4) thence N 66'33'18" W for a distance of 27.98
distance of 16.68 feet to the Approx. Mean High Water
x'22" W along the said Approx. mean High Water line of
ap for a distance of 8.58 feet; (7) thence S 5626'40" E
Ant of Beginning.
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