12/11/2013 AgreementDoc 1961426 12/13/2013 2:09PN
Filed & Recorded in Official Records of
MONROE COUNTY AMY HEAVILIN
W4011
This Instrument is prepared by, or under the direction of: Doc# 1961426
Natileene W. Cam Esq. Bk" 2663 P0 293
FBN 365785
Assistant County Attorney
Office of the Monroe County Attorney
P.O. Box 1026
Key West, FL 33041 -1026
Ici _mil • , 11:017-11 a
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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 KW Resort
Utilities Corporation (hereinafter referred to as 'KWRU"), does grant, sell and convey, unto KWRU an
easement under the following terms and conditions:
Grantor hereby grants to the KWRU an easement under, over, across and upon the following
described property:
A portion of MacDonald Avenue, lying South of tots 11,12,13,14 & 15, Block 31 and North of Lots 4 9,
& 10, Stock 35, and Northerly of Maloney Avenue (as existing and construct@d)
"MALONEY"S SUBDIVISION OF STM ISLAND ; a subdWsion of Government Lots 1,1; 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 Wand according to the plat thereof, as recorded in Plat Book
1 at Page SS of the Public Records of Monroe County Florida, and being mane particularly described as
follows:
BEGIN at the Southeast corner of sold Block 31; thence S 00'05'34" E along the Southerly extension of
the Easterly line of said Block 31 for 6X00 feet to the Northeast corner of sold Black 35; thence S
89'54'26" W along the North lines of said Lots 8, 9, & 10f7r 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 card bearing of N 73'IS '02'W and a cord length of 111.89 feet; thence
along the arc of said curve, an arc length of 211.95 feet to the Southerly E7 Wnsion of the Westerly Line of
said Lot 1S; thence N 00'0534' W along the Southerly extension of the Westerly line of sold Lot 15 f or
27.58 f eet to the Southwest corner of sold tot 15, and also being the Northerly Right-of-way line of
MocOonaid Avenue, thence N 89 E along the Southerly fines of said Lots ii, 12,13,14 & 15 of the
Northerly Right-of-Way Line of MaWonnald Avenue f)r 250.00 feet to the point of Beginning containing
13,145.43 square feet or 0.3018 acres, more or less.
1. KWRU, its successors and assigns, shall have the right to construct, reconstruct, lay, install,
operate, maintain, relocate, repair, replace, improve, remove, and inspect 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
W01
Docp 1961426
Bk# 2663 PgN 294
the foregoing, however, no existing improvement shall be disturbed or removed, nor shall
KWRU interfere with any other utility.
2. Grantor shall furnish and maintain the easement area free of and dear from any obstruction and
shall not construct, place, or allow the placing or construction of any obstruction which would
interfere with KWRU's safe or proper Installation, operation, maintenance, inspection, or
removal of the wastewater collection and transmission facilities, and all the appurtenances
thereto located in the easement area, including any and all subsurface, aerial electrical
utility service connwflons and subterranean components.. Grantor shall have the right to
make any other use of the easement area which does not interfere with the KWRU's rights.
3. Any obstruction to the safe or proper operation, maintenance, inspection, or removal of KWRU
wastewater collection and transmissions facilities, and all appurtenances thereto may be
removed by KWRU upon notice to Grantor. At no time shall KWRU's use of the easement
Interfere with emergency operations of the Stock Island Fire Station.
4. Grantor shall bear the cwt of any relocation or modification of said facilities when the change is
necessitated by Grantors requirements or those of any utility other than KWRU.
S. KWRU shall hold Grantor harmless for the acts and omissions of its offkers, employees, agents
and contractors, and upon the representation that KWRU Is a public utility as defined by Florida
Statutes Chapter 366, and upon representation that KWRU shall maintain suitable insurance or
be self- Insured, In amounts adequate to respond to any and all claims by the Greantee related
to this easement
6. All covenants, stipulations, terms, conditions, and provisions of this agreement shall extend to
and be made binding upon respective successors and assigns of KWRU and Grantor. It is
Intended that this agreement shall be recorded and be binding upon future owners of the above
described property and the KWRU, and all successors thereto.
.� Doc# 1961426
Bk# 2663 P9# 295
7. The Grantor does hereby warrant it has full power of authority to grant this easement.
IN WITNESS WHEREOF, the Grantor has hereunto set its hand and seal this day �� 2013.
(GRANTOR)
Board of County Commissioners of-Monroe
Countv"Flori -
BT GG
M or
Date: 12-13
KW Reso ties, Cor
By ,
Print Name CA ri w 1 wi sc.,
Title: C7- 17
Date: C04Z 3 2c/3
STATE OF FLORIDA
COUNTY OF MONROE
foregoing instrument s acknowledged before me this day Of L�2013; by
C IUSr r Sc� . whose is 7 �5 /1x -"Y 7` on behalf of KW RU, who is persona
known to me /has produced as identification.
MONROE COUNTY ATTORNEY
ROVED AS TO RM:
:A ILkENF. W. CASSEL NOTARY PUBLIC-STATEOFFLORIDA
° .... % Judi L. I riza
ASSISTANT COUNTY ATTORNEY
Comrl issiva # EE070830
Data •` Expire MAR. 22, 2015
BONDED TERU At LP.. \TIC BONDING CO., ]NC,
3
MONROE COUNTY
OFFICIAL RECORDS