Item C38BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 18, 2015 Division: Engineering & Public Works
Bulk Item: Yes _ No X Department: Engineering
Staff Contact Person/Phone #:Wilson (453-8797)
AGENDA ITEM WORDING: Approval of a lease for that portion of the Atlantic Circle right of way
on which the Moka Cafe in Tavernier encroaches.
ITEM BACKGROUND: The Moka Cafe is a part of the historic Tavernier Hotel property. The
property was designated as a historic structure by the BOCC. The building encroaches onto Atlantic
Circle Drive by between 1.6 feet and 2 feet as shown in the attached survey. The owner wants to
legitimize the location of the building as it is redeveloped.
PREVIOUS RELEVANT BOCC ACTION: Designation by the BOCC as a historic structure.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Recommend approval of the lease of that portion of the ROW
under the existing historic building.
TOTAL COST: INDIRECT COST: Staff Time BUDGETED: Yes No X
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: N/A
REVENUE PRODUCING: Yes No
SOURCE OF FUNDS: N/A
AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required _
DISPOSITION:
Revised 7/09
AGENDA ITEM #
County Administrator.
Room 214 1
t4jomroe Cou.-,ty P%�hlii.-Jftirks & Exgineerixt livialfix
Milurray F. Nelson Government & Cuftural Center
102060 Overseas Highway, I
Attm County Administrator
like to respectfully request that the County Commission grant a lease for the
encroachment area described in exhibit A, attached.
into the ROW of Atlantic Circle Drive. There is a planter along this wall; that protects the
Ii it, ..ml VUg from vehiclez th.?t ilss rn!,ist ro,'_oWRI�, *M a huuxw
on both Atlantic Circle Drive and Tavern Drive.
AI u
a ac ecdI p a os I e
the north end of Atlantic Circle Drive.
Thankybu for your comic aeon.
Craig Hurnt�
305-923-9438
u
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SPECIFIC PURPOSE SKETCH
TO ILLUSTRATE LEGAL DESCRIPTION
A PORTION OF ATLANTIC CIRCLE DRIVE
AND TAVERN DRIVE OF
TAVERNIER NO. 2
SECTION 34, TWP. 62S., RGE. 38E
TAVERNIER KEY, FLORIDA
OVERSEAS HIGHWAY
563'29'34"W
R wtrNF 4.34'
t1�
POINT OF O u'
BEGINNING �N1
NO
0000"
NORTH
ASSUMED FROM PLAT
OR LEGAL DESCRIPTION
SCALE: 1" = 20'
DESCRIPTION
A portion of Atlantic Circle Drive easterly of and
adjacent to Block A and a portion of Tavern Drive
southerly of and adjacent to Block A of TAVERNIER
NO. 2, according to the Plat thereof as recorded in
Plat Book 2, Page 8, of the Public Records of Monroe
County, Florida and being more particularly described
as metes and bounds as follows:
Beginning at a point on the southwesterly
right-of-way line of Atlantic Circle Drive, said point
being the northeast corner of Lot 1, Block A, of
TAVERNIER NO. 2, according to the Plat thereof as
recorded in Plat Book 2, Page 8, of the Public Records
of Monroe County, Florida;
thence bear S63129`34"E along the southeasterly
projection of the northerly line of said Lot 1 for a
distance of 4.34 feet to the Southwesterly edge of
pavement of said Atlantic Circle Drive;
thence along said southwesterly edge of pavement for
the following three courses:
1. thence S61032'39"E for a distance of 9,57 feet;
2. thence S47042'51"E for a distance of 67.31 feet;
3. thence S46°15'39"E for a distance of 82.47 feet;
thence bear S42006'49"W for a distance of 14.59 feet;
Li bear N47°55'20"W for a dlStanCe of 0.85 feel
to a point on the northwesterly right-of-way line of
Tavern Drive as aforesaid;
thence bear N0205731"W for a distance of 16.22 feet
to a point on the southwesterly right-of-way line of
Atlantic Circle Drive as aforesaid;
thence bear N48007'34"W along the said right-of-way
line of Atlantic Circle Drive for a distance of 148.30
feet back to the Point of Beginning, containing 897
square feet, more or less.
LEGEND FOP ABBREVIATIONS
CL - CENTER LINE
POC = POINT OF COMMENCEMENT
POB = POINT OF BEGINNING
R/w = RIGHT OF WAY
THIS IS NOT A SURVEY
PLATTED 10'
ALLEY TOTAL
LOT 1
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LOT 37
N02057'31"W
16.22'
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N47055 20"W
0.85'
R/w LINE' S42'06'49"W
14.59'
3o' RIGHT OF WAY TOTAL
TAVERN DRIVE
DENOTES NEW DESCRIPTION
PREPARED FOR: JENNIFER SANCHEZ
DATE, 02/27/2015
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SPECIFIC PURPOSE SKETCH OVERSEAS HIGHWAY
TO ILLUSTRATE LEGAL DESCRIPTION S63°29'34"W
A PORTION OF ATLANTIC CIRCLE DRIVE n trN 4.34'
AND TAVERN DRIVE OF F=, area that should be
TAVERNIER NO. 2 I reflected on lease
SECTION 34,TWP. 62S., RGE.38Esurvey
m
TAVERNIER KEY,FLORIDA POINT OF 41 IS
appro
BEGINNING �N,1 approximated in
yellow and should
m only include the area
LOT I on which the
building actually sits
4
V
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O7 A
N
NORTH N
ASSUMED FROM PLAT O i ~
OR LEGAL DESCRIPTION n rn
JC V
SCALE: 1" =20'
a
DESCRIPTION: O A o
m �o
A portion of Atlantic Circle Drive easterly of and T 0
0 o
adjacent to Block A and a portion of Tavern Drive
southerly of and adjacent to Block A of TAVERNIER LO ¢ Z
NO.2,according to the Plat thereof as recorded in F 3
Plat Book 2,Page 8,of the Public Records of Monroe PLATTED 10' C n'
County,Florida and being more particularly described m 3z
ALLEY TOTAL
as metes and bounds as follows: 70 m N
w
Beginning at a point on the southwesterly C2 C)
right-of-way line of Atlantic Circle Drive,said point m rrTl
being the northeast corner of Lot 1,Block A,of
TAVERNIER NO.2,according to the Plat thereof as 0
recorded in Plat Book 2,Page 8,of the Public Records - X
of Monroe County,Florida; Z C
thence bear S63°29'34"e along the southeasterly p M
projection of the northerly line of said Lot 1 for a - A
distance of 4.34 feet to the Southwesterly edge of a'
pavement of said Atlantic Circle Drive; N
thence along said southwesterly edge of pavement for Ln
the following three courses:
1.thence S61°32'39"E for a distance of 9,57 feet; LOT 37 m
2.thence S47°42'51E for a distance of 67.31 feet; co
3.thence S46°15'39"e for a distance of 82.47 feet; N
A thence bear 542006'49"W for a distance of 14.59 feet;
N thence bear N47°55'20"W for a distance of 0.85 feet v
i to a point on the northwesterly right-of-way line of
I* Tavern Drive as aforesaid; N02057'31"W
a) thence bear N02057'31"W for a distance of 16.22 feet 16.22'
y to a point on the southwesterly right-of-way line of
O Atlantic Circle Drive as aforesaid; 1
Q thence bear N48007'34"W along the said right-of-way
7 line of Atlantic Circle Drive for a distance of 148.30 N47055'20"W I
CL feet back to the Point of Beginning,containing 897 0.85'
V square feet,more Or less.
U y cow LINE S42006'49"W
CL 14.59'
.y.. 30'R]GHT OF WAY TOTAL
TAVERN DRIVE
LEGEND FOR ABBREVIATIONS
L CL a CENTER urvE DENOTES NEW DESCRIPTION
V POC=POINT OF COMMENCEMENT
POB=POINT OF BEGINNING
_ i=RIGHT DF WAY PREPARED FOR:JENNIFER SANCHEZ
Q THIS IS NOT A SURVEY DATE:,02/27/2015
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This instrument prepared by
or under the direction of:
Christine Limbert-Barrows,Esq.
Assistant County Attorney.
Monroe County, Florida Board
Of County Commissioners
111112th Street Key West, FL 33040
LICENSE AGREEMENT
For Encroachment on Right of Way
THIS LICENSE.AGREEMENT. (hereinafter the "License") is made and entered
into this day of , 2015.by and between the BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA.("Licensor"), whose mailing
address is 1100 Simonton Street, Suite 205, Key West, FL 33040 33172, and Tavernier
- Properties,LLC, together with its successors and assigns, whose mailing address is .
21 Sunset Key Drive, Key West, Florida 33040 ("Licensee!):
WITNESSETH
WHEREAS, the Licensee owns certain land situate at 91865 Overseas Highway
in Tavernier., Florida further identified with folio number 00555610-000000 ("Property")
in Monroe County Florida, more fully described in Exhibit"A" attached hereto and made
part hereof, and
WHEREAS, said Property contains an improvement owned by Licensee which
partially encroaches upon the right of way known as Atlantic Circle Drive which is
owned by Licensor ("county right of way"), and •
WHEREAS, the encroachment area is identified in Exhibit "B" ("License Area"),
attached hereto and made a part hereof, and
WHEREAS, the Licensor has determined that the encroaching improvement is a
historically designated structure ("Historic.Building"); and.:,
WHEREAS, the Licensor has determined that the Historic Building does not
presently interfere with the efficient operation and maintenance of the County right of
way,.and
- WHEREAS, Licensee desires to maintain the improvements, as currently
installed, and the Licensor is amenable to allow the encroachment to temporarily.
continue, upon specified terms and conditions,
NOW, THEREFORE.in consideration of the:sum;of One Dollar in hand paid and
other good and valuable consideration, the.receipt and sufficiency of which is hereby .
acknowledged, the parties hereby mutually agree as follows:
Pagelof4
1. Each of the above recitals is true and correct and incorporated herein by
reference.
2: Licensor hereby grants to Licensee a license to temporarily maintain the.
improvement encroaching on the County right of way, as said encroachment is
further identified, and the area is described, in Exhibit" B". The Licensee shall be
responsible for maintaining the License Area, at its sole cost and expense, in a
safe condition, free of debris,:and in compliance with all governmental
regulations or ordinances. Licensee shall further make timely repair to any
damage existing in the License Area, at its sole cost and expense.
3:. This License shall automatically expire upon:
a) removal of the encroachment; or
b) upon redevelopment or renovation of the footprint-or exterior of the
Historic Building in contravention of applicable county or municipal code
provisions, and without Licensor's prior approval, which shall not be
unreasonably withheld; or
c) upon redevelopment when the structures on the Property are no longer
designated as.historical.
4. This License may be terminated by Licensor upon the happening of any of the
following events provided such events continue after service upon Licensee of a
thirty (30) day written notice and opportunity to curer
a) Licensee constructs further improvements within License Area which expand
the footprint of the improvements as currently installed. Nothing in this License
shall be construed to be a permit to construct and maintain any additional
improvements within the License Area, not shown on Exhibit "B
b) A legal or equitable action; administrative proceedings or other action is taken
by Licensor against the Licensee arising.out of or related to Licensee's material
- failure to maintain and operate the License Area;
c) Licensee maintains any material unlawful activities within the License Area,
including, but not limited to, violation of any statute ordinance or regulation
enacted for the public's health, safety and welfare;
d) Licensee fails to maintain the License Area in a safe and clean..condition,
and/or fails to make timely repairs to any damage thereon.
5. The parties represent and agree that the rights granted by this License shall be
deemed to be a temporary permissive use only and nothing contained herein
shall be deemed to create any interest or real property rights in the License Area
and/or other right of way or real property owned.by Licensor..
Page 2 of 4
6. Licensee, its heirs, successors and assigns shall indemnify and hold the
Licensor, its agents, or contractors harmless from any and all claims, liabilities,
damages, losses, injuries and/or expenses, including court costs and reasonable
attorney's fees, incurred as a result of or arising out of the maintenance of the
subject encroachment in the License Area and against all claims, liabilities,
damages, losses, injuries and/or expenses arising out of or resulting from any
activities under this License and/or the use of the License Area by Licensee, its
agents and/or. invitees. Should any litigation between the parties hereto arise out
of this License or its performance, each party shall be responsible for its own
attorney's fees and court costs:
7. This License shall be recorded in the Public Records of Monroe County, Florida
and shall be binding upon the heirs, successors and assigns of the parties.: The
termination of this License in accordance with the terms of this agreement and
shall be evidenced by a termination notice issued by Licensor and recorded in
the Public Records of Monroe County, Florida, with a copy of the same sent to
Licensee.
8. _ This License sets forth the entire understanding between the parties as to the
subject matter contained herein and no party shall rely, or have a right to rely,
upon any oral representation which is not incorporated herein.
9. . The License shall not be altered, modified or amended except by an instrument
in writing, signed by the parties.
10. The terms"Licensor and "Licensee" shall include the agents, administrators,
successors, and assigns of each of the respective parties hereto. Whenever
used the singular shall include the plural, and the plural the singular, and the use
of any gender shall include both genders.
11.: In the event any alleged default is of such a nature that Licensee is unable to
cure the default within thirty (30) days, provided Licensee is continuously
undertaking all commercially reasonable actions to cure said default, in that
event, a default shall not be declared until such time as Licensee has been
afforded such commercially reasonable time as may be reasonably necessary to
cure the default.
12. All notices to the Licensor should be sent to:
Board of County Commissioners of
Monroe County, Florida
Attn.: County Administrator
1100 Simonton Street, Suite 205
Key.West, Florida 33040
All notices to the Licensee shall be sent to;
Tavernier Properties, LLC
C/O Craig Hunt
Page 3 of 4
91868 Overseas Highway
Tavernier, FL 33070
With a:copy to:
Steven:B. Greenfield, Esquire
6111 Broken Sound Parkway, NW
Boca Raton, FL 33487
or to such other address that may be provided to the other party. All notices, demands
or requests provided for or permitted to be given pursuant to this License must be in
writing and shall be delivered or sent, with the copies indicated, by personal delivery,
certified mail, facsimile, or overnight delivery service to the parties, as provided herein.
IN WITNESS WHEREOF,the parties have executed this License on the day and
year first above written,
(SEAL) LICENSOR:
Board of County Commissioners of
Monroe County, Florida
By: . By:
Deputy Clerk Mayor
LICENSEE:
Tave ierroparties,
Craig , its Managing Member.
STATE OF FLORIDA )
COUNTY OF MONROE ),
The foregoing instrument was acknowledged before me this day of
, 2015 by ,.who is personally known to
me, or who has produced as identification.
Notary Public, State of Florida
My Commission Expires:
Page 4 of 4
EXHIBIT B
•
SPECIFIC PURPOSE SKETCH
TO ILLUSTRATE LEGAL DESCRIPTION
• A PORTION OF ATLANTIC CIRCLE DRIVE •
TAVERNIER NO. 2
SECTION 34,TWP. 62S., RGE. 313E •
TAVERNIER KEY,FLORIDA
. ....\\
4
�'S NORTH
o.,(e., ASSUMED FROM PLAT
o���•
POC` OR LEGAL DESCRIPTION
/ c>OJ . •
, - / Y NE CORNER•'.
LOT 1 N61°14'S0'.'E 2.15'
/ vv / c SCALE: 1" = 20'
!e • \•• \<,9T °o.
POB (R
",:T.•• f '%D
of OT1o��A `• • 940,4k
aw . +9d'D Ya'11\ ', '. O%
C A.. 6p
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` F SyeO
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„ G%ORr 4:1
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(0OtJ y`r S41°54'49"W 1.58'
N. Nor F
0 (O`3 .
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f. 47F,T..P.
•
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LINE TABLE `yC. . -
•
LINE LENGTH . BEARING • - • 1'+��Tom; '
L1 7.42 S48°07'34"E \ cq-
DESCRIPTION:
. A•portion of.Atiantic Circle Drive easterly of and adjacent td Lot 1,Block A of TAVERNIER NO.2,according to the Plat thereof
as recorded In Plat Book 2,Page 8,of the Public Records of Monroe.County,Florida and being more particularly described as • •
metes and bounds as follows:
' Commencing at a point on the southwesterly right-of-way,line of'Atlantic Circle Drive,said point being the Northeast.corner of
Lot 1,Block A,of TAVERNIER NO.2,according to the Plat thereof as recorded in Plat Book 2,Page 8,of the Public Records or
Monroe County,Florida,thence S48°07'34"E along the southwesterly right-of-way line of Atlantic Circle Drive for a distance of
7.42 feet toe point on the face of an existing.one story structure,said point being the Point of Beginning;
thence bear N61°14'50"E on said face for a distance of 2.15 feet;
thence bear S47°42'19"E on said face fore distance of 60.80-feet;
thence bear S41°54'49"W on said face for a distance of 1.58 feet to a point on the southwesterly right-of-way line of Atlantic
Circle Drive;
. thence bear N48°07'34"W.along the southwesterly right-of-way line of Atlantic Circle Drive for a distance of 61.51 feet.back to
the Point of Beginning,containing 110 square feet,more or less.
(The property address for the one structure Is 91865 Overseas Highway,Key Largo,Florida,33070)
LEGEND FOR ABBREVIATIONS
CL=CENTER LINE DENOTES NEWLY DESCRIBED LEGAL •
POC=POINT OF COMMENCEMENT • '
POB=POINT OF BEGINNING
R/W-RIGHT OF WAY PREPARED FOR:CRAIG HUNT
THIS IS NOT A SURVEY DATE:03/04/15
•
SCALE: 1".20' THE PURPOSE OF THIS SEETCN IS TA ILLUSTRATE THE LEGAL OESCRIPTION NEWLY CREATED EN -
f/WDATE: THIS DATE BY THE UNDERSIGNED AND SHOWN ON SHEET I OF I.IT IS NOT A SURVEY OP THE
-/-/- f SEA BEGIN DESCRIBED HEREIN°Mc chop.SHE FInNBP Adm.Cade and Cup.122.017
REv.DATE,. -/-/- REECE & ASSOCIATES
SHEET: I.CIF 1 WI OLIO NnmllTTrN PROFESSIONAL SURVEYOR AND MAPPER,LB7846
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SUMAYDA MD MAMA
CHECKED BY: REP DIGNED • .j • OFFICE(305)872.1348.
- Invoice fI 15020401 ROBERT e.REECE,PS115531.PROFESSIONAL SURVEYOR AND MAPPER v FAX(305)872.5622-
EXHIBIT"A„
Description of Property
Lots 1,2,3,4,36 and 37, Block A,Tavernier No.2,according to the Plat thereof, recorded in
Plat Book 2,Page 8,of the Public Records of Monroe County,Florida,together with that portion
of the alley as disclaimed in Official Records Book 405,Page.1100,Parcel.Identification No.
1681946;.
and
Lot 5,Block A, according to the Plat thereof,recorded in Plat Book 2,Page 8,of the Public
Records of Monroe County,Florida,together with that portion of the alley as disclaimed in . •
Official Records Book 405,Page 1000,Parcel Identification No. 1681954