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Resolution 158-2016Petitioner: Blake Hill RESOLUTION NO. 158 2016 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS RENOUCING AND DISCLAIMING ANY RIGHT OF THE COUNTY AND PUBLIC IN AND TO THAT PORTION OF THE RIGHT -OF -WAY OF ED SWIFT ROAD, IN A PART OF GOVERNMENT LOT 2, TOWNSHIP 67 SOUTH, RANGE 26 EAST, ON BIG COPPITT KEY, MONROE COUNTY, FLORIDA. WHEREAS, an application was filed by Blake Hill to abandon a portion of the right of way of Ed Swift Road, in a part of government Lot 2, Township 67 South, Range 26 East, on Big Coppitt Key, Monroe County, Florida; and WHEREAS, the Board of County Commissioners of Monroe County, Florida, desires to renounce and disclaim any right of the County and the public in and to the hereinafter right of way; and WHEREAS, due notice has been published and a public hearing has been held in accordance with Chapter 336, Florida Statutes; and WHEREAS, at said public hearing, the Board considered the argument of all parties present wishing to speak on the matter, and considered the renouncing and disclaiming of any right of the County and the public in and to the hereinafter described right of way as delineated on the hereafter described map or plan; and WHEREAS, the Board makes the following Findings of Fact and Conclusions of Law: 1. The applicant has agreed to relocate all Florida Keys Aqueduct Authority utilities located within right of way to be abandoned to include a 4" inch water line, flush out and water meter per the Right of Way Abandonment Agreement for Utility Relocation. (Exhibit I) 2. The applicant has agreed to relocate Florida Keys Energy Services pole #BC 12- 7-1 -39 and all utilities attached to the pole located within right of way to be abandoned per the Right of Way Abandonment Agreement for Utility Relocation. (Exhibit II) 3. If the property is gated, the gate to the property shall be a minimum of 12 feet in width for Fire Marshal access. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT IT HEREBY 1. Renounces and disclaims any right of the County and public in and to the File 2015 -141 following described streets, alley -ways, roads, or highways as delineated on the hereinafter described map or plat, to -wit: i 0 w J U. 'A parcel of land, being a portion of Ed Swift Road, in a part of Government Lot 2, Township 67 South, Range 26 East, on Big Coppitt Key, Monroe County, Florida and being more particularly described as follows: Commencing at the Southeast corner of Government Lot 3, Section 22, Township 67 South, Range 26 East, bear West for a distance of 15 feet to a point; thence bear North for a distance of 1291.20 feet to a point; thence bear East for a distance of 65 feet; thence bear North for a distance of 108.00 feet to the Point of Beginning; thence continue bearing North along the previously described course and along the Westerly right of way line of the said Ed Swift Road for a distance of 105.00 feet to the Northerly right of way line of the said Ed Swift Road; thence bear East and along the said Northerly right of way line of the Ed Swift Road for a distance of 23.00 feet to the Northwesterly corner of Lot No. 80, according to a survey of BIG COPPITT TRAILER PARK, Big Coppitt Key, Monroe County, Florida, by C.G. Bailey, Surveyor, dated September 1, 1958; thence bear South and along the Easterly right of way line of Ed Swift Road for a distance of 105.00 feet to the Southwesterly corner of Lot 76 of the said BIG COPPITT TRAILER PARK; thence bear West for a distance of 23.00 feet back to the Point of Beginning. " 2. Accepts and approves the Right of Way Abandonment Agreement for Utility Relocation (Florida Keys Aqueduct Authority) attached as EXHIBIT I made a part of this Resolution. 3. Accepts and approves the Right of Way Abandonment Agreement for Utility Relocation (Florida Keys Energy Services) attached as EXHIBIT II made a part of this Resolution. 4. If the property is gated, the gate to the property shall be a minimum of 12 feet in width to accommodate emergency vehicles access. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board held on the 17 day of August, 2016. En Mayor Heather Carruthers N07 P9 ESE N 7 �c N Mayor Pro Tem George Neugent Y Commissioner Danny L. Kolhage y E S Commissioner David Rice YES Commissioner Sylvia Murphy 'Yes _ BOARD OF COUNTY OMMISSIONERS OF MONROE CO A BY M or er Carruthers MONR E COUNTY A77ORNEY APPROYER AS T M: w S1r ;Eq '.. \N0_L 'Q%8 ASSISTANT Q�XN* 'f ATTORNEY Date // 2 File 2015 -141 Return to: Monroe County Planning & Environmental Resources Department 2798 Overseas Highway, Suite 400 Marathon, FL 33050 Prepared by: Franklin D. Greenman 5800 Overseas Highway, Ste 41 Marathon, FL 33050 ---------------------------- - - - - -- Space Above This Line For Recording ----------------- - - - - -- RIGHT -OF -WAY ABANDONMENT AGREEMENT FOR UTILITY RELOCATION This Agreement entered into this 'S rd day of March, 2016 , by BLAKE RUSSELL HILL PETITIONER(s) /PROPERTY OWNER(s) (hereinafter "PETITIONER(s) "); and WHEREAS, Monroe County Code (hereinafter "Code ") Section 19 -1 (2015) authorizes, in certain circumstances, abandonment of a County right -of -way; and WHEREAS, Code Section 19 -1 (2015) provides, in relevant part, that "No right -of -way shall be abandoned unless there is an agreement to do so by all affected property owners." For purposes of this Section, and pursuant to Code Sections 19- 1(c)(1) -(4) (2015), an "affected property owner" is "the owner of property which directly adjoins the area subject to abandonment or, if' such "right of way is abandoned, will have access currently used by that property owner eliminated or diminished," or "will have the only platted access eliminated," or - will have the paved area adjacent to that property increased for turn- around purposes," or "be increased in size;" and WHEREAS, Code Section 1 -2 (2015) defines "property' as including both "real and personal property," which, therefore, may include an affected owner of personal property such as (but not limited to) an owner of an existing utility line which does not have a real property interest (such as a utility easement) in the same; and WHEREAS, in order to satisfy the requirement(s) set forth in Code Section 19 -1(k) (2015), PETITIONER(s) has/have obtained a "Conditional Letter of No Objection," attached hereto as Exhibit " A" to this Agreement, which is hereby incorporated as if fully stated herein, which PETITIONER(s) has/have submitted or shall submit or otherwise provide to the County, from the subject utility having the following legal name as set forth in the official public records of the Florida Department of State - Division of Corporations and Florida Keys Aqueduct, in which said utility stated that it has "No objection" to [the] abandonment of that portion of Ed Swift Road, located between Lots 76 -80 and Lots A and B, Big Coppitt Key, FL, as shown in the attached survey, attached as Exhibit "B ", on the condition(s) that the water main with flush -out and water meters, and sewer main with manhole and clean -outs located in the abandonment area be relocated at the owners expense. WHEREAS, by this duly executed Agreement, which shall be recorded forthwith, PETITIONER(s) hereby covenant(s) with the County that movement and installation of water main with flush -out and water meters, and sewer main with manhole and clean-outs of the above -named utility shall be the exclusive and sole responsibility of PETITIONER(s) and be at PETITIONER'S exclusively and sole expense; and NOW, THEREFORE, for and in consideration of the sum of TEN and 00 /100 DOLLARS ($10.00), and as an inducement for the County to approve this Agreement, together with other good and valuable consideration, the adequacy, sufficiency, and receipt of which are hereby expressly acknowledged and attested to by all parties hereto, PETITIONER(s) hereby agree(s) and covenant(s) as follows: 1. The foregoing recitals are true and correct and are hereby incorporated as if fully stated herein; and 2. The PETITIONER(s) is /are the sole fee simple title owner(s) of that certain immediately below- described real property located in Monroe County, Florida, having a legal description as follows and which is shown on the Deeds attached hereto as Exhibit "C," which is hereby incorporated as if fully stated herein: Parcel(s)/Lot(s)/ Block /Subdivision /Plat Book/Page: LEGAL DESCRIPTION AS PER DEEDS ATTACHED AS EXHIBT "C" Key: BIG COPPITT Approximate Mile Marker: 10 Real Estate Number(s): 001121030 - 000100, 00121300 - 000000, 00121430- 000000, 00121440 - 000000 and 00121510 - 000000. 3. The PETITIONER(s) desires to relocate the subject utility's above - described interest, more fully legally described immediately below, in pursuant to and in compliance with the above - described Code Sections, and shall do so in compliance with the United States and Florida Constitutions, the Florida Statutes, the Monroe County Comprehensive Plan, the Monroe County Code(s), the Florida Building Code(s), and all other applicable federal, state, and local codes, ordinances, orders, resolutions, regulations, and rules: Parcel(s)/Lot(s)/ Block /Subdivision/Plat Book/Page: LEGAL DESCRIPTION AS PER DEEDS ATTACHED AS EXHIBT "C" Key: BIG COPPITT Approximate Mile Marker: 10 Real Estate Number(s): 001121030 - 000100, 00121300 - 000000, 00121430- 000000, 00121440- 000000 and 00121510- 000000. 4. Conditions and Revocation or Termination of Agreement The PETITIONER(s) hereby agrees to submit a complete right -of -way permit application to the County in compliance with the form and address requirements set forth in Paragraph 5 below together with a Florida Keys Aqueduct Authority Utility Permit within one - hundred eighty (180) days of the effective date of the County's approval of the PETITIONER's right -of -way abandonment petition corresponding to this Agreement. Should the PETITIONER(s) fail to relocate the subject utility's above - described interest in accordance with a Florida Keys Aqueduct Authority Utility Permit and the corresponding County right -of -way permit(s) (corresponding to this Agreement), or otherwise fails to 2 complete construction necessary to complete re- location of the subject utility's above - described interest within the following time -frame and under the following condition(s) the County's previous approval to abandon the correspondingithe subject right -of -way shall immediately be rescinded and the prior - abandoned right -of -way (any and all portions thereof) shall immediately revert back to the County. Nothing contained herein shall be construed to prohibit, limit, or otherwise restrict the County's authority to terminate this Agreement, the County's previous approval to abandon the corresponding/the subject right -of -way, the County right -of -way permit(s) corresponding to this Agreement, or any other permit(s), approval(s), or inspection(s) corresponding to this Agreement or prior County approval to abandon the corresponding/the subject right - of -way, pursuant to the U.S. and Florida Constitutions, the Florida Statutes, the Monroe County Comprehensive Plan, the Monroe County Code(s), the Florida Building Code(s), the provisions and terms of this Agreement, and/or all other applicable federal, state, and local codes, ordinances, orders, resolutions, regulations, and rules; and 5. Notice and Service of Process - Monroe County All notices, consents, approvals, or other communications to the County hereunder shall be in writing and shall be deemed properly served if sent by U.S. Postal Service Certified Mail, return receipt requested, in the following form and address: Monroe County Planning & Environmental Resources Department Attn: Senior Director Subject: Right -of -Way (Road) Abandonment - Utility Agreement 2798 Overseas Highway, Marathon, FL 33050 With a copy to: Monroe County Engineering Services Department Attn: Director Subject: Right -of -Way (Road) Abandonment - Utility Agreement 1100 Simonton Street, Room 2 -216 Key West, FL 33040 With a copy to: Monroe County Attorney's Office Subject: Right -of -Way (Road) Abandonment - Utility Agreement 1111 12th Street, Suite 408 Key West, FL 33040 6. Construction and Interpretation Any and all construction(s) or interpretation(s) of Monroe County Comprehensive Code provision(s) and Monroe County Code(s) provision(s) shall be deferred in favor of the County and such construction and interpretation shall be entitled to great weight on trial and on appeal; and 7. Recordation The PETITIONER(s) hereby agree(s) to and shall, once this Agreement has been executed by PETITIONER(s) and the County, file this Agreement with the 3 Clerk of the Circuit Court of Monroe County together with all appropriate and required collateral instrument(s), and shall record this Agreement together with all appropriate and required collateral instrument(s) in the Official Records of Monroe County, Florida, and shall pay any and all costs associated with such recordation; and 8. Amendment, Modification, or Release, and Recording Thereto No amendment(s), modification(s), or release(s) to this Agreement is /are effective unless the County agrees, consents, and joins in writing thereto. The PETITIONER(s) shall file any such properly executed amendment(s), modification(s), or release(s) to this Agreement with the Clerk of the Circuit Court of Monroe County together with all appropriate and required collateral instrument(s), and shall record such properly executed amendment(s), modification(s), or release(s) together with all appropriate and required collateral instrument(s) in the Official Records of Monroe County, Florida, and shall pay any and all costs associated with such recordation; and 9. Subsequent Reference Requirement A. The PETITIONER(s) hereby agree(s) to and shall submit a copy of this filed and recorded Agreement together with (simultaneously in date and time with) all future development applications relating to the/his/her /its /their property described in Paragraphs 2 or 3 above. Such submission by PETITIONER(s) shall be to the agency(ies), department(s), and office(s) in receipt of or otherwise receiving such development application(s). This requirement is non - exclusive to Monroe County agencies, departments, and offices, and is to be construed as inclusive of all reviewing federal, state, Monroe County, and local agencies, departments, and offices in receipt of or otherwise receiving such development application(s), such that the PETITIONER(s) must so simultaneously furnish a copy of this filed and recorded Agreement to any and all federal, state, Monroe County, and local agencies, departments, and offices in receipt of or otherwise receiving such development application(s); and B. The PETITIONER(s) shall reference this filed and recorded Agreement, including the recording book and page number(s) and document number(s) of this Agreement in anyfuture instrument conveying title to or an interest in the property described in Paragraphs 2 or 3 above; and C. The PETITIONER(s) shall insert the terms and restrictions of this Agreement into any subsequent deed or other legal instrument by which he /she /it/they divest(s) himself/herself /itself /themselves of any title to or interest in the property described in Paragraphs 2 or 3 above; and 10. Joint- and - Several Liability If the PETITIONER(s), or any other non - County natural person(s) or legal person(s) are party(ies) to any suit, action, or proceeding, in law or in equity, initiated, cross - initiated, counter - initiated, or otherwise filed by the County to enforce any provision(s) or term(s) contained herein, and consist(s) of more than one person(s) or entity(ies), such person(s) and entity(ies) shall be jointly and severally liable; and 4 11 Non - Assignability This Agreement shall not be assignable by the PETITIONER(s), or by any other non - County party with title to or an interest in the property described in Paragraphs 2 or 3 above, unless such assignment is first approved by Monroe County Board of County Commissioners (hereinafter "BOCC ") Resolution; and 12. Transfer Notice The PETITIONER(s) shall provide written notice to the County of the transfer of any title to or interest in the property described in Paragraphs 2 or 3 above at least thirty (30) days prior to the date of such transfer. Failure of the PETITIONER(s) to perform any act required by this Section shall not eliminate this requirement or the County's rights arising from, relating to, or in connection with this requirement, and shall not impair the validity of this Agreement or limit its enforceability in any way; and 13. Notice and Service of Process - To PETITIONER(s). All notices, consents, approvals, or other communications to the PETITIONER(s) shall be in writing and be deemed properly served if, unless otherwise provided in this instrument, sent by U.S. Postal Service, Certified Mail, return receipt requested, to his/her address of record with the Monroe County Property Appraiser's Office or to his/her address of record with the Monroe County Tax Collector's Office. If, after one (1) unsuccessful attempt (in accordance with the preceding sentence) by the County to serve notice upon PETITIONER(s), the County shall, in addition to the preceding sentence's method of notice and service of process for the purposes herein, be entitled to satisfy this Section's sufficiency of notice and service of process requirement(s) by subsequent election to serve such notice pursuant to (I) Florida Statutes §§ 49.011(1) -(2) (2015), 49.011(5) (2015), 49.021 (2015), (applicable if an action or administrative proceeding has commenced or otherwise been formally initiated by filing in accordance with applicable rules of procedure) 49.031 (2015), (applicable if an action or administrative proceeding has commenced or otherwise been formally initiated by filing in accordance with applicable rules of procedure) 49.041 (2015), (applicable if an action or administrative proceeding has commenced or otherwise been formally initiated by filing in accordance with applicable rules of procedure) 49.051 (2015), (applicable if an action or administrative proceeding has commenced or otherwise been formally initiated by filing in accordance with applicable rules of procedure) 49.061 (2015), (applicable if an action or administrative proceeding has commenced or otherwise been formally initiated by filing in accordance with applicable rules of procedure) 49.071 (2015), (applicable if an action or administrative proceeding has commenced or otherwise been formally initiated by filing in accordance with applicable rules of procedure) 49.08 -09 (2015), (for non - foreclosure action proceeding notice(s)) 49.10(1)(a) (2015), (for foreclosure action proceeding notice(s)) 49.10(c) (2015), and/or pursuant to (II) Florida Statute § 49.11 (2015). Notice constructively served pursuant to such election shall be deemed properly served for the purpose(s) herein. Actual notice is not required under this Section; and 14. Notice and Service of Process - To Lesal Person(s). In the event PETITIONER(s) comprise(s) a registered business entity, corporate entity, or similar legal person, all notices, consents, approvals, or other communications to such entity shall be in writing and shall be deemed properly served if sent by U.S. Postal Service Certified Mail, return receipt requested, to the mailing address of such entity's Registered Agent as shown in the public records of the Florida Department of State - Division of Corporations (hereinafter `Sunbiz "), or its equivalent agency. Actual notice is not required under this Section. In the event PETITIONER(s) is /are a legal trust, all notices, consents, approvals, or other communications to such trust shall be in writing and shall be deemed properly served if sent by U.S. Postal Service Certified Mail, return receipt requested, to the mailing address(es) of the property described in Paragraphs 2 and 3 above, and to such trust's address(es) of record, if any, with the Monroe County Property Appraiser's Office or its address(es) of record, if any, with the Monroe County Tax Collector's Office. If, after one (1) unsuccessful attempt (in accordance with the preceding sentence) by the County to serve notice upon such legal person(s), the County shall, in addition to the preceding sentence's method of satisfying notice and service of process for the purposes herein, also be entitled to satisfy this Section's sufficiency of notice and service of process requirement(s) by subsequent election to serve such notice pursuant to (I) Florida Statutes §§ 49.011(1) -(2) (2015), 49.011(5) (2015), 49.021 (2015), (applicable if an action or administrative proceeding has commenced or otherwise been formally initiated by filing in accordance with applicable rules of procedure) 49.031 (2015), (applicable if an action or administrative proceeding has commenced or otherwise been formally initiated by filing in accordance with applicable rules of procedure) 49.041 (2015), (applicable if an action or administrative proceeding has commenced or otherwise been formally initiated by filing in accordance with applicable rules of procedure) 49.051 (2015), (applicable if an action or administrative proceeding has commenced or otherwise been formally initiated by filing in accordance with applicable rules of procedure) 49.061 (2015), (applicable if an action or administrative proceeding has commenced or otherwise been formally initiated by filing in accordance with applicable rules of procedure) 49.071 (2015), (applicable if an action or administrative proceeding has commenced or otherwise been formally initiated by filing in accordance with applicable rules of procedure) 49.08- 09 (2015), (for non - foreclosure action proceeding notice(s)) 49.10(1)(a) (2015), (for foreclosure action proceeding notice(s)) 49.10(c) (2015), and/or pursuant to (II) Florida Statute § 49.11 (2015). Notice constructively served pursuant to such election shall be deemed properly served for the purpose(s) herein. Actual notice is not required under this Section; and 15 Default Notice Unless otherwise provided in this Agreement, in the event of breach or violation of any provision(s) or term(s) hereunder by PETITIONER(s), the County shall provide written "Notice of Default" or "Notice of Violation" to the defaultingPETITIONER(s), and such defaulting PETITIONER(s) shall have the right to cure such breach(es) or violation(s) within thirty (30) days of receiving notice of such breach or violation; and 16. Enforcement. A. In the event of any breach or violation of any condition(s), provision(s), or term(s) contained herein, the County shall, without liability to the County, have the right to unilaterally terminate this Agreement, and to proceed at law or in equity as may be necessary to ensure compliance with the condition(s), provision(s), or term(s) hereof, remediation thereto, and to otherwise the breach or violation of any of them, to collect damages, and may enforce this Agreement by emergency, preliminary, and permanent injunction, including ex parte action and motion for such injunction(s), it being agreed that the County would have no adequate remedy at law, or such other legal method as the County deems appropriate. Uncured breach or violation of this Agreement shall, without any additional notice beyond this Agreement's recordation, entitle the County to immediately suspend and /or rescind, without liability to the County, development applications and pending or issued permits, approvals, or inspections reliant upon PETITIONER's full and proper performance of this Agreement, or otherwise arising from, related to, or in connection with this Agreement, except for those permits, approvals, and inspections necessary to cure such breach or violation. County enforcement action(s) thereto shall be at the County's discretion, and PETITIONER(s) hereby agrees to and shall pay for all costs associated with such County enforcement action(s). Failure of the PETITIONER(s) to comply with or perform any act required by or under this Agreement shall not impair the validity of this Agreement, and County delay or failure to enforce, however long continued, shall not be deemed a waiver or estoppel of the County's right to do so thereafter as to any such violation or breach, and no alleged County waiver or estoppel of any breach of any condition, provision, or term contained herein shall be construed as waiver or estoppel of any succeeding breach or violation of the same condition, provision, or term; and B. In the event of any suit, action, or proceeding, in law or in equity, by the County to enforce the condition(s), provision(s), or term(s) contained herein, if the County prevails in any such suit, action, or proceeding, on trial or appeal, the County shall be entitled to reasonable attorney's fees, including trial, appellate, bankruptcy, and post - judgment costs and collection proceedings for the maintenance or defense of any such suit, action, or proceeding, to be paid by the losing party(ies) as fixed by the court. Any order or judgment so rendered in favor of the County in connection with any such suit, action, or proceeding arising out of, related to, or in connection with this Agreement, shall bear interest at the highest rate allowed by law. The County may recover reasonable legal and professional fees attributable to the preparation, administration, and enforcement of such suit, action, or proceeding, from any person(s) and /or entity(ies) from or to whom a demand or enforcement request is made, regardless of actual initiation of a suit, action, or proceeding. These remedies are in addition to any other remedy, fine, or penalty which may be applicable under including, but not limited to, Chapters 162, 373, and 403, Florida Statutes; and C. Cumulative Remedies In the event of any breach or violation of the condition(s), provision(s), or term(s) contained herein, the County shall, without liability to the County, have the right to proceed at law or in equity as may be necessary to enforce compliance with such conditions, provisions, and terms, to enjoin activities, construction, maintenance, practices, repairs, and uses non- compliant with the conditions, provisions, and terms contained herein, and to otherwise prevent the breach or violation of any of them, to collect damages, and both authorized and entitled to enforce this Agreement by emergency, preliminary, and permanent injunction, including by ex parte motion and action for such injunction(s), it being hereby expressly and specifically agreed that the 7 County has no adequate remedy at law, or such other legal method as the County deems appropriate. All rights and remedies accruing to the County shall be assignable in whole or in part and be cumulative; that is, the County may pursue such rights and remedies as the law and this Agreement afford it in whatever order the County desires and the law permits. The County's resort to any one law(s) and/or remedy(ies) in advance of any other shall not result in waiver or compromise of any other law(s) and/or remedy(ies). The PETITIONER(s) hereby agree(s) to and shall pay for all costs associated with the County's enforcement action(s) thereto; and 17. Dispute Resolution - Meet - and - Confer Prerequisite The PETITIONER(s) hereby agree(s) that as a first condition precedent to his/her /its /their initiation of litigation or adversarial administrative proceedings against the County in the form of a suit or action arising out of, related to, or in connection with this Agreement, shall first, prior to the initiation of such suit or action, attempt to resolve their dispute(s) and disagreement(s) by a meet - and - confer session between himself/herself /itself /themselves and Monroe County Planning & Environmental Resources Department staff and counsel to the Monroe County Planning & Environmental Resources Department. If no resolution can be agreed upon within thirty (30) days after the occurrence of the aforesaid meet - and - confer session, such issue(s) shall next (second), as a second condition precedent to the initiation of such suit or action, be discussed at a public meeting of the Monroe County BOCC occurring in the same geographic sub -area as the geographic location of this Agreement (i.e., Upper Keys - Key Largo, Middle Keys - Marathon, Lower Keys - Key West). The PETITIONER(s) hereby agree(s) that in the event he /she /it/they so initiate such suit or action without satisfying both of these conditions precedent to their initiation of litigation or adversarial administrative proceedings against the County, that the County shall be automatically entitled to an Order granting Grantee's Motion to Dismiss and Florida Statute § 57.105 (2015) Motion for Sanctions and Attorney's Fee (or, at Grantee's election (if applicable), their Florida statutory equivalent(s), Federal equivalent(s), or non - Florida legal equivalent(s)); and 18. Limitation of Liability. A. In the event of any litigation or adversarial administrative proceedings concerning the condition(s), provision(s), or term(s) of this Agreement, the PETITIONER(s) hereby agrees to expressly waive his/her /its /their right to a jury trial and shall be treated as having expressly waived his/her /its /their right to a jury trial; and B. Hold Harmless and Indemnification The PETITIONER(s) hereby hold(s) the County harmless from the claims of all persons and entities for action(s), inaction(s),activity(ies), damage(s), expense(s), proposed or undertaken construction, development, or similar work, and loss(es) occurring on the property described in Paragraphs 2 or 3 above, and hereby expressly agrees that the County shall not be liable for any injury(ies) allegedly caused by the tools, materials, or equipment used by the PETITIONER(s), its employees or agents, or used by the PETITIONER'S contractor(s), or its (contractor(s)) employees or agents. The PETITIONER(s) further agree(s) to indemnify and defend the County, its 8 officers, employees, and agents, from any and all claims for bodily injury (including death), personal injury, business damage(s), property damage, and any other losses, damages, and expenses (including attorney's fees), allegedly arising from, related to, or in connection with this Agreement or construction, development, or similar work undertaken thereto; and C. Hazardous, Toxic, Radioactive Substances The PETITIONER(s) hereby expressly waives its rights to file or otherwise initiate or pursue any claim(s) against the County for personal damage or injury, or damage or injury to property, that is allegedly caused by the allegedly negligent or grossly negligent action or inaction of the County or an officer, employee, or agent of the County, which allegedly arises from, was or is related to, or was or is in connection with this Agreement, or County authorization(s), activity(ies), or inactivity(ies) thereto, and further holds the County harmless from the claims of all persons for the action(s), inaction(s), activity(ies), damage(s), expense(s), and loss(es) occurring on the property described in Paragraphs 2 and 3 above, and further indemnifies the County for all liability arising from any discovery of hazardous, toxic, or radioactive substance materials on the property described in Paragraphs 2 and 3 above, and, in the event such material is discovered, the County shall not be responsible for, and the PETITIONER(s) shall be responsible for, the removal of such materials following coordination and written approval by the County. The term(s) "hazardous, toxic, or radioactive substance material" shall mean any hazardous, toxic, or radioactive substance material, matter, or waste, which is or becomes regulated by any federal, state, or local law, ordinance, order, rule, regulation, code, or any other governmental restriction or requirement and shall include petroleum products and asbestos as well as improper or excessive storage of or use of common household cleaning and landscaping chemicals, pesticides, batteries, and the like, and those materials defined as hazardous substance or hazardous waste in the Comprehensive Environmental Response Compensation and Liability Act and/or the Resource Conservation and Recovery Act. The PETITIONER(s) shall immediately notify the County of any discharge or discovery of any hazardous, toxic, or radioactive waste at, upon, under, or within the property described in Paragraphs 2 and 3 above, and the PETITIONER(s) shall, at his/her /its /their cost and expense, comply with all remedial measures required by any governmental agency having jurisdiction thereto. The PETITIONER(s) hereby warrant(s), represent(s), and attest(s), that to the best of his/her /its /their knowledge, the property described in Paragraphs 2 and 3 above are free of any such waste(s), and the PETITIONER(s) hereby agree(s) that the County shall not be liable for environmental damages arising from, related to, or in connection with this Agreement and the property described in Paragraphs 2 and 3 above, and further agree that he /she /it/they shall be exclusively liable for environmental damages according to the extent made so by law for periods following the effective date of this Agreement; and D. The PETITIONER(s) hereby agree(s) that no charge(s) or claim(s) shall be made by it for any delay(s) or hindrance(s) allegedly attributable to the County D during the progress of any portion of or during the effective date of this Agreement; and 19. No County Compensation or Payment(s) The PETITIONER(s) is and shall be exclusively and solely responsible for all costs and expenses required or incurred to /in the completion of any utility relocation project(s) arising from, related to, or in connection with this Agreement. It is hereby mutually and expressly understood by PETITIONER(s) and the County that the County shall be responsible for no cost(s) and shall incur no cost(s) arising from, related to, or in connection with any utility relocation project(s) arising from, related to, or in connection with this Agreement. It is further mutually and expressly understood that there are no third -party beneficiaries to this Agreement, and that no Contractor, or any other person or entity, shall look to the County for compensation arising from, related to, or in connection with such utility relocation project(s); and 20. No Waiver The County shall not be deemed to have waived any rights under this Agreement unless such waiver has been given within this instrument expressly, specifically, and unambiguously; and 21. No Personal Liability The County expressly reserves and in no way shall be deemed to have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign, governmental, and any other similar defense, immunity, exemption, or protection against any suit, cause -of- action, demand, or liability. Further, no covenant, provision, or term of this Agreement shall be deemed to be a covenant or agreement of any officer, employee, or agent of the County in his or her individual capacity, and no officer, employee, or agent of the County shall be liable personally in this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement; and 22. Non - Reliance by Third - Parties No person(s) or entity(ies) shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim(s) or entitlement(s) to or benefit(s) of any service(s), term(s), or program(s) contemplated hereunder; and 23. Authorized Signatory The signatory(ies) for PETITIONER(s), below, hereby attest(s), certify(ies), and warrant(s) that: A. The PETITIONER's name as set forth in this Agreement is his/her /its /their full and correct legal name (if a legal person/entity, as designated in its corporate charter and as formally registered with the State, or, if a trust entity, as designated in its original trust instrument, as amended). B. The individual(s) executing this Agreement is /are duly authorized to so act and execute this Agreement on PETITIONER's behalf. C. If /As applicable, this Agreement has been duly approved by the PETITIONER's Board of Directors and/or members, consistent with and compliant with PETITIONER's Articles of Incorporation, Bylaws, and all federal, state, and local laws and regulations. 10 D. If PETITIONER(s) comprise(s) a legal person/entity, PETITIONER(s) shall provide the County with an official list of its current Board of Directors and managers, a properly executed and notarized corporate resolution approving this Agreement, a copy of its current Articles of Incorporation (including all amendments thereto), and a copy of its current Bylaws. 24. Compliance with Laws The PETITIONER(s) hereby attests that it has and shall comply with all Articles of Incorporation, Bylaws, laws, ordinances, and governmental rules and regulations applicable to this Agreement and to construction and/or development activity(ies) arising from, related to, or in connection with this Agreement at the property described in Paragraphs 2 and 3 above. The PETITIONER(s) shall obtain all necessary and/or required permits, approvals, inspections, and authorizations as may be required by such Articles of Incorporation, Bylaws, laws, ordinances, governmental rules and regulations, and local, state, and federal governments and agencies; and 25. Jurisdiction, Venue, and Governing Laws This Agreement shall be governed by and construed in accordance with the Laws of the State of Florida and the United States. Exclusive venue for any dispute arising under this Agreement shall be in the Sixteenth Judicial Circuit in and for Monroe County, Florida. This Agreement shall not be subject to arbitration. If the County brings an action to enforce provisions or terms contained herein and prevails in any such action, on trial or appeal, the County shall be entitled to reasonable attorney's fees to be paid by the losing party(ies), at figures fixed by the court, as well as the reasonable cost(s) of restoring such land to the natural vegetative and hydrologic condition existing at the time of execution and recordation of this Agreement. These remedies are in addition to any other remedy, fine, or penalty which may be applicable under including, but not limited to, Chapters 162, 373, and 403, Florida Statutes, and any other action at law or in equity; and 26. Miscellaneous A. Financial Responsibility and No Pledge of Credit The PETITIONER(s) shall not pledge the County's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness; and B. Duty to Cooperate Where required under this Agreement or related agreement(s), the PETITIONER(s) shall cooperate with the County's reasonable requests regarding the provisions and terms contained herein; and 27 Inconsistency, Partial Invalidity, Severability, and Survival of Provisions If any condition, obligation, right, or term of this Agreement, or any portion(s) thereof, is /are held to be invalid or unenforceable in or by any administrative hearing officer or court of competent jurisdiction, the invalidity or unenforceability of such condition, obligation, right, or term, or any portion(s) thereof, shall neither limit nor impair the operation, enforceability, or validity of any other condition, obligation, right, or term of this Agreement, or any remaining portion(s) thereof. All such other conditions, obligations, rights, and terms, and remaining portion(s) thereof shall continue unimpaired in full force and effect; and 11 28. Captions and Paragraph Headings Captions and paragraph headings, where used herein, are inserted for convenience only and are not intended to descriptively limit the scope and intent of the particular paragraph or text to which they refer; and 29. Authority to Attest Each party to this Agreement represents and warrants to the other that the execution, delivery, and performance of this Agreement has been duly authorized by all necessary corporate and other organizational action, as required; and 30. Binding Effect The conditions, obligations, provisions, rights, and terms of this Agreement shall bind and inure to the benefit of the County and PETITIONER(s) and their respective personal representative(s), successor(s), and assign(s), and all such conditions, obligations, provisions, rights, and terms shall be construed as running with the land described in Paragraphs 2 and 3 above such that all subsequent title - holders and parties in interest to said property(ies) shall be bound by this Agreement and all of its conditions, obligations, provision, rights, and terms. However, neither this Agreement, nor any part of it, may be conveyed, assigned, or otherwise transferred by or from the PETITIONER(s) or its personal representative(s), successor(s), or assign(s), absent County approval as set forth in this Agreement. Any such transfer absent County approval as set forth above shall immediately render this Agreement voidable at the County's election and the County shall not be liable to PETITIONER(s), its personal representative(s), successor(s), or assign(s), or any third- party(ies), for any damage(s) or injury(ies) allegedly sustained by the County's lawful election to so void this Agreement on the basis of such unauthorized transfer (transfer absent County approval as set forth above); and 31. TO HAVE AND HOLD UNTO THE PARTIES FOREVER. This Agreement is made in reliance upon information, representations, and documents provided by the PETITIONER(S). If, at some later date, Monroe County determines that such information, representations, and/or documents contained false or misleading information material to the County's consideration and assent to this Agreement, the County reserves the right, in its discretion, to revoke such consideration and assent and to rescind this Agreement and to pursue all remedies at law and equity, for injuries to the County caused by the submission of such false or misleading material information. EXECUTED ON THIS day of L)7 , ( 201L. WITNESSES TO ALL Witness 1 (Print Name) Itnes No. 1 (Signature) PETITIONER(S) BLAKE RUSSELL HILL Petitioner No. 1 (Print Name) - _Aaox w P itioner N . 1 (Signature) ae Cyr - e 0 e Witness No. 2 (Print Name Witness No. 2 (Signature) ^ft e_� '3 02 01 Date (Print) 12 STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument, Right -of -Way Abandonment Agreement for Utility Relocation, was acknowledged and attested to before me this �� day of A42,L_ , 20 , by BLAKE RUSSELL HILL, who is personally known fo me or produced as proof of identification and did take an oath. Notary Public Seal FRANKLIN D. GREENMA NOT sTA blic (Print Name & Notary No.) . Comm# N tary Public (Signature) MONROE COUNTY, FLORIDA ACCEPTANCE OF RIGHT -OF -WAY ABANDONMENT AGREEMENT FOR UTILITY RELOCATION In Witness Whereof, Monroe County hereby accepts this Right -of -Way Abandonment Agreement for Utility Relocation and executes this instrument on the date set forth below. For Monroe County, Florida: First Witness (Print Name) First Witness (Signature) Second Witness (Print Name) Second Witness (Signature) Approved as to Form and Legal Sufficiency by: State of Florida County of Monroe Director of Engineering Services (Print Name) Director of Engineering Services (Signature) Date (Print) Monroe County Attorney's Office 13 Before me, the undersigned authority, personally appeared who is personally known to me, or has produced as identification. Acknowledged to me this day of 2 20 Notary Name and Number (Print) Notary Signature and Seal CONSENT AND JOINDER TO RIGHT -OF -WAY ABANDONMENT AGREEME FOR UTILITY RELOCATION (if Applicable) F I on /,L, , whose address is 1 L . e.. Ur ( ame o tii mpany /Entity) City of t� , State of 1A o � d , having the subject utility interestJuch interest being more particularly described as !S & � Wo , and, if applicable, such interest having been recorded at Book , Page , and Document Number , in the Official Records of Monroe County, Florida, this interest being more particularly legally described as follows: Parcel(s) /Lot(s)/ Block /Subdivision /Plat Book/Page: LEGAL DESCRIPTION AS PER DEEDS ATTACHED AS EXHIBT "C" Key: BIG COPPITT Approximate Mile Marker:10 Real Estate Number(s): 001121030- 000100, 00121300 - 000000, 00121430- 000000, 00121440 - 000000 and 00121510- 000000. 14 The above -named utility /entity hereby consents and joins in the foregoing Right -of -W Abandonment Agreement for Utility Relocation, executed at i I C)D k (Place of Exec ) �� ( A ���� , on the date indicated below. (Place Qf Execution) IN WITNESS WHEREOF, the above - described utility /entity hereby executes this Consent and Joinder to Right -of -Way Abandonment Agreement for Utility Relocation. , ^ L ,( J CC( , 0� n O r �C�o_ / � t ( tl u�LT r r`i Witness No. 1 (Print Name) Utility's Name/ Entity's 14ame (Print Name) Witness No. 1 (Signature) r IAV- 1 G WA y Q Wit�i s No. 2 (Print Name) U Witness o. i (Signature) �',,r k C - Zu e_(e h Authorized Official on Behalf of Utility /Entity (Print Name) - J., "S. Authori ial on Behalf of Utility /Entity (Signa re) [The remainder of this page has been intentionally left blank.] 15 & c e_ � ; r e C-�or Authorized Official Capacity to Execute on Behalf of Utility /Entity (Print Title of Authorized Capacity /Position) IICIO ( d i W4 P7L 33D4� Utility's /Entity's Prin ipal Mailing A dress (Print) 4� . 1 V k C Zu JJ) Utility's /Entity's Registered Agent (Print Name) ( 1 o &--)r,ec� P�t I.yt04- 7 33c *c Utility's /Entity's R gister Aged is Mail ni Address (Print) STATE OF ac , d a Date Print) COUNTY OF M on v Of The foregoing Consent and Joinder to Right -of -Way Abandonment Agreement for Utility Relocation, wa acknowledged and attested before me this � day of M A"t � , 20 j( , by i L Q -e LC h , who is personally known to me or produced as proof of identification and did take an oath. JANET E. COLEY l MY COMMISSION i EE 839443 4 EXPIRES: January 29,417 pf Bonded Thru Notary Public 1Mderrrrbm Notary Public Seal Notary Public (Print Na�m�e& Notary No.) ( 4ary Public (Signature) 16 JOINDER OF MORTGAGEE TO RIGHT -OF -WAY ABANDONMENT AGREEMENT FOR UTILITY RELOCATION \ (If Applicable) whose address is , City of (Name of Mortgagee) State of , having a record interest, more particularly described -as being the owner and holder of a mortgage dated i6 the original principal amount of $ , given by ` ("Mortgagee(s)"), to ( "Mortgagor(s) "), encumbering the real property described in that mortgage, which is recorded in Book , Page , and Document Number in the Official Records of Monroe County, Florida, and together with that certain Assignment recorded in , Page , and Document Number in the Official Records of Monroe County, Florida, and together with that certain Modification recorded in , Page , and Document Number in the Official Records of Monroe - County, Florida (said mortgage, assignment, and modification are hereinafter referred to as the "Mortgage "), in the lands described in the Right -of -Way Abandonment Agreement for Utility Relocation between Mortgagee(s) and Monroe County, Florida, .Mortgagee hereby consents and joins in the foregoing Right -of -Way Abandonment Agreement for Utility Relocation, executed at on the date indicated below. (Place of Execution) IN WITNESS WHEREOF, Mortgagee grants this Joinder and executed this instrument on the date set forth below. Witness No. 1 (Print Name) Witness No. I (Signature) Mortgagee (Print Name) Mortgagee (Signature) Witness No. 2 (Print Name) Witness No. 2 (Signature) Authorized Official Capacity (Director, Officer, Trustee, or other Authorized Official (Print Title of Authorized Capacity/ Position)) Date (Print) [The remainder of this page has been intentionally left blank.] 17 STATE OF COUNTY OF The foregoing instrument, Joinder of Mortgagee to Right -of -Way Abandonment Agreement for Utility Relocation , was acknowledged before me this day of , 20 , by , who is personally known to me or produced as proof of identification and did take an oath. Notary Public (Print Name and Notary No.) Notary Public Seal . Notary Public (Signature) 18 PETITIONER(S) AFFIDAVIT OF NO ENCUMBRANCES 1. WHEREAS, Uwe BLAKE RUSSELL HILL, the PETITIONER(s), is /are the sole fee simple title owner(s) of the certain below- described real property located in Monroe County, Florida, having a legal description as follows and which is shown on attached Exhibit "C," which is hereby incorporated as if fully stated herein: Parcel(s)/Lot(s)/ Block: Please see attached Exhibit "C" Subdivision: N/A Key: Big Coppitt Plat Book: Page: N/A Approximate Mile Marker: 10 Real Estate Number(s): 001121030 - 000100, 00121300 - 000000, 00121430- 000000, 00121440- 000000 and 00121510- 000000. 2. WHEREAS, it is true and correct that as of this date no liens, loans, mortgage encumbrances, or non - mortgage encumbrances, other than those in which Joinder(s) have been executed and submitted for this Right -of -Way Abandonment Agreement for Utility Relocation, currently encumber the above legally described real property; and 3. NOW, THEREFORE, the undersigned PETITIONER(s) hereby states that the above legally described property is free of all liens, loans, mortgage encumbrances, and non - mortgage encumbrances at this time, other than those in which Joinder(s) have been executed and submitted as part of this Right -of -Way Abandonment Agreement for Utility Relocation. EXECUTED ON THIS day of, 201 � WITNESSES TO ALL ; Witness (Print Name) tness No. I (Signature) Y1�a�� V �r uc Witness No. 2 (Print Name) AA, - Ue-&L-A itn s No. 2 (Signature) PETITIONERS) BLAKE RUSSEL HILL Petitioner No. I (Print Name) P 1 toner o. 1 (Signature) 80 Ed Swift Road, Key West, FL 33040 Non - Entity Owner's/Non- Entity Owners' Principal Mailing Address (Print) /h4,,.1 �, .2o i 6 Date (Print) 19 Entity Owner - Mailing Address (Print) Entity Owner - Registered Agent Name (Print) Entity Owner - Registered Agent Mailing Address (Print) Witness No. 1 (Print Name) Witness No. 1 (Signature) Witness No. 2 (Print Name) Witness No. 2 (Signature) STATE OF FLORIDA COUNTY OF MONROE Petitioner No. 2 (Print Name) Petitioner No. 2 (Signature) Date (Print) The foregoing instrument, Right -of -Way Abandonment Agreement for Utility Relocation, was acknowledged before me this �_ day of %y a� « , 20 , by 9" 0 who is personally known to me or produced as proof of identification and .did take an oath, and by , who is personally known to me or produced as proof of identification and did take an oath. Notary Public Seal otary Public (Print Name and Notary No.) FRANKLIN D. GREENMAN NOTARY PUBLIC Not �DA • E pkm 8/13/2018 20 J Florida Keys Aqueduct Authority 1100 Kennedy Drive Key West, Florida 33040 Telephone (305)296-24 4 www.fkaa.com (� d J. Robert Dean Chairman District 3 Antoinette M. Appell Vice- Chairman District 4 Brian L. Barroso Secretary/Treasurer District 1 Melva G. Wagner District 2 David C. Ritz District 5 Kirk Zuelch Executive Director June 27, 20I4 David De Haas 88975 Overseas Hwy. Tavernier, FL 33070 Dear Mr. DeHaas: RE: Abandon a portion of Ed Swift Road, Big Coppitt Key, FL described as: A parcel of land, being a portion of Ed Swift Road, in a part of Government Lot 2, Section 22 Township 67 South, Range 26 east, on Big Coppitt Key, Monroe County, FL The FKAA Board of Directors approved at the June 25, 2014 meeting, the above referenced project. Pursuant to your request, staff has completed your request and the FKAA have no objection to the abandonment of Ed Swift Road, Big Coppitt Key, FL as described above. The FKAA has a water main with flush -out, water meters, sewer main with manhole and clean -outs located within the area of requested abandonment, the owner has agreed to pay for utilities to be relocated at his expense. Work will require a Utility permit prior to performing any work on FKAA utilities. Should you have any questions, please do not hesitate to call this office. Sincerely, FLORIDA KEYS AQUEDUCT AUTHORITY Mamie Walterson Distribution Design Supervisor MW /cma C: Robert Feldman, General Counsel Roy Coley, Operations Department Director Key West Customer Service Office Monroe County Building Department FFBIT RECEIVED SEP - 8 1014 RAONROE CO. PLANNING DEPT Boundary Survey Map of part of GoVt Lot 2, Section 22, Township G7 South, Range 2G East to illustrate legal description authored by the undersigned \ (Northerly shorekne of Big Copott Key) Bay t of Florida r ,. Deed T..LF Deed \ No. 22371 i Apparent Mean High Water Line Owner. B/oks Russep HiD y eoM 01 ;.1 Record Book ?649 21M doges 680 thru 586 N a E q � H Q ^ Co v Vacant Lol 80 a4' char _ N =b a lie t 0 oa8 tP . �o Yocont" Point d 1 y / Q g 3 1500' ) NOTE: This Survey Mop is not full and complete without the ottoched Survey Report. or C.onvnencrq rear Govt. Lot J �Nq H Lot 78 I 9 N y+� I I Lol 75 I.T' L74or ' Se' (r) L "off, Kt75 t7YE7eLY P10IE BCtI 7 - - 111711 f.Y.10[ L.eME AWN SNML AM RECEIVE: Olt Mt�NRU= CO PLANNIM, uF_PT EXHIBIT D LEGEND * Found 2" Iron P09 (Fence Post) O Sot J 14' Iron Pipe w /cap (6298) • Found 112" Iron Rod (286J) ♦ Found Noll d Disc (PTS) G Set Nail k Disc (6298) (M) Measured (R) Record (M/R) Measured k Record C.B.S. Concrete Mck Structure R,W Right of Way CLF Chain fink Fence Centerfine Wood Utilily Pole ® Concrete Utility Pole - P - Overhead UMily Lines Firs Hydrant ® Sewsr CAaanout i Water Meter ® Manhole N Water Vohs ,y Spot Devotion (Typical) Sheet One of Two Sheets J. LYNN O'FLYNN Inc. A per .,.t...1 eSwvstar t Yap 5430 Duck Ave., Ksy W4?t FL 33040 (305) 29e -7427 rA% t705) IM��22M Boundary Survey Report of part of Gov't Lot 2, 5ection 22, Township G7 South, Range 2G East to illustrate legal description authored by the undersigned NOTES. 1. The legal description shown hereon was authored by the undersigned. 2. Underground foundations and utilities were not located. 3. All angles are 90• (lfeasured do Record) unless otherwise noted. 4. Street address: Ed Swift Road, Big Coppitt Key, FL. 5. This survey is not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. 6. Lands shown hereon were not abstracted for rights -of -way, easements, ownership, or other instruments of record. 7. Bearings are assumed and based on the W7y R/W line of Ed Swift Road as North- South. 8. Date of field work: April 6, 2013. 9. Ownership of fences is undeterminable, unless otherwise noted. 10. The Survey Report is not full and complete without the attached Survey Nap. 11. The Apparent Mean High Mater Line" shown hereon does not purport to establish the actual Mean High Water Line for tidal boundary purposes. 12. Elevations are shown in parenthesis and refer to Mean Sea Level, N.G.V.D. 1929 Datum. 13. Benchmark utilized: MON 3 BOUNDARY SURVEY OF: A parcel of land, being a portion of Ed Swift Road, in a part of Government Lot 2, Section 22, Township 67 South, Range 26 East, on Big Coppitt Key, Monroe County, Florida and being more particularly described as follows: Commencing at the Southeast corner of Government Lot 3, Section 22, Township 67 South, Range 26 East, bear (lest for a distance of 15 feet to a point; thence bear North for a distance of 1291.20 feet to a point; thence bear East for a distance of 65 feet; thence bear North for a distance of 108.00 feet to the Point of Beginning; thence continue bearing North along the previously described course and along the Westerly right of way line of Ed Swift Road for a distance of 105.00 feet to the Northerly right of way line of the said Ed Swift Road; thence bear East and along the said Northerly right of way line of the Ed Swift Road for a distance of 23.00 feet to the Northwesterly corner of Lot No. 80, according to a survey of BIG COPP17T 77UH" PARK Big Coppitt Key, Monroe County, Florida, by C.G. Bailey, Surveyor, dated September 1, 1958; thence beer South and along the Easterly right of way line of Ed Swift Road for a distance of 105.00 feet to the Southwesterly corner of Lot 76 of the said BIG COPPI7T TRALE R PARK thence bear West for a distance of 23.00 feet back to the Point of Beginning. BOUNDARY SURVEY FOR Blake Russell Hill; October 29, 2013 Revised 4 -21 -14 to add note r�E �Ec Sheet Tw of Two Sheets J. LYNN OTLYN Inc. x0 ! _. r,•�.,rr,c ,.r. PLANNING DEC7 ftdr Wab rsr v w a Wpw 3430 Duck Av -. Key west. FL 33040 (306) 706 -7422 FAX (306) 296-7244 J. N, INC. THIS SURVEY -�- - - -` ? - -� IS NOT Florida Reg 8298SM ASSIGNABLE October 29, 2013 Revised 4 -21 -14 to add note r�E �Ec Sheet Tw of Two Sheets J. LYNN OTLYN Inc. x0 ! _. r,•�.,rr,c ,.r. PLANNING DEC7 ftdr Wab rsr v w a Wpw 3430 Duck Av -. Key west. FL 33040 (306) 706 -7422 FAX (306) 296-7244 PREPARED BY AND RETURN TO RICHARD M. KLITENICK, FSQ. RICHARD M. KLITENICK, P.A. 1009 SIMONTON STREET KEY WEST, FL 33040 305 - 292 -4101 FILE NUMBER: RE13 -015 RECORDING FEE $27.00 DOCUMENTARY STAMPS PAID: $4,900-00 Doc# 1928393 04/12/2013 2:38PM Filed & Recorded in Official Records of MONROE COUNTY AMY HEAYILIN 04/12/2013 2:38PM DEED DOC STAMP CL: MT $4,900.00 [Space above this line for recording datsJ - Doc# 1928393 Bk# 2622 Ply# 2093 WARRANTY DEED THIS WARRANTY DEED is made on this 1 day of April, 2013, between MICHAEL W. BALER, a married man, INDIVIDUALLY and as TRUSTEE of the MICHAEL W. BALER DECLARATION of TRUST dated MAY 18, 2000, whose address is 219 Olivia Street, Key \Vest, FL 33040 (hereinafter referred to as 'Grantor'), and BLAKE RUSSELL HILL, a married man, whose address is 4584 Wood Duck Point, York, SC 29745 (hereinafter referred to as "Grantee ") (\t'hene%er used herein the terms ( and Grantee' include all the parries to this Irntnument and the heirs, legal representatives, and assigns of indi Aduals, and the successors and assigns of corporations, trusts and trustees) Witnesseth, that said Grantor, for and in consideration of the sum of SEVEN HUNDRED THOUSAND 6- 00 /100''' DOLLARS ($7W,000.00) and other good and valuable consideration to said Grantor in hand paid by said Grantee, the receipt whereof is herehy acknowledged, has granted, bargained, and sold to the said Grantee, and Grantee's heirs and assigns forever, the following described land, situate, lying and being in Monroe County, Florida, with the street address of 80 Ed Swift Road (Fu adjoining lots Esc Baybottom), Big Coppitt Key, FL 33040, and more particularly described as- LOT NO.: 76 ACCORDING TO A SURVEY OF BIG COPPITT TRAILER PARK, BIG COPPITT KEY, MONROE COUNTY, FLORIDA, BY C.G. BAILEY, SURVEYOR, DATED SEPTEMBER I, 1958, AND BEING A PARCEL OF LAND IN A PART OF GOVERNMENT LOT 2, SECTION 22, TOWNSHIP 67 SOUTH, RANGE 26 EAST, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT 3, SECTION 22, TOWNSHIP 67 SOUTH, RANGE 26 EAST, BEAR EAST FOR A DISTANCE OF 128 FEET TO A POINT; THENCE BEAR NORTH FOR A DISTANCE OF 1399.20 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREINAFTER DESCRIBED; FROM SAID POINT OF BEGINNING, CONTINUE BEARING NORTH FOR A DISTANCE OF 35 FEET TO A POINT; THENCE BEAR NEST FOR A DISTANCE OF 55 FEET TO A POINT; THENCE BEAR SOUTH FOR A DISTANCE OF 35 FEET TO A POINT; THENCE BEAR EAST FOR A DISTANCE OF 55 FEET, BACK TO THE POINT OF BEGINNING. AND ALSO LOT /J8 AND #80 ACCORDING TO A SURVEY OF BIG COPPITT TRAILER PARK, BIG COPPITT KEY, MONROE COUNTY, FLORIDA, BY C.G. BAILEY, SURVEYOR, DATED SEPTEMBER 1, 1958, AND BEING A PARCEL OF LAND IN A PART OF GOVERNMENT LOT 2, SECTION 22, TOWNSHIP 67 SOUTH, RANGE 26 EAST AND THE FAST 55" OF THE LANDS DESCRIBED IN TRUSTEES OF THE INTERNAL IMPROVEMENT FUND DEED NO. 22371 AND RECORDED IN OFFICIAL RECORD BOOK 175 AT PAGE 58 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA. SAID LOTS 78 AND SO BEING MORE PARTICULARLY DESCRIBED IN THAT CERTAIN WARRANTY DEED FROM EDITH PAYNE, A WIDOW; MARY MELLON PAYNE CLARK, JOINED BY HER HUSBAND, C.B. CLARK, JR.. AND RUEBEN S. PAYNE, JR., JOINED BY HIS WIFE, ELINOR P. PAYNE, DATED APRIL 7, 1964, FILED FOR RECORD SEPTEMBER 30, 1964 IN OFFICIAL. RECORD BOOK 322, PAGFS 222 -226 OF THE PUBLIC RECORDS OF MONROE COUNTY, TO -WIT; LOT NO. 78, .ACCORDING TO A SURVEY OF BIG COPPITT TRAILER PARK, BIG COPPITT KEY, MONROE COUNTY, FLORIDA, BY C.G. BAILEY, SURVEYOR, DATED SEPTEMBER 1, 1956, AND BEING A PARCEL OF LAND IN A PART OF GOVERNMENT LOT 2, SECTION 22, TO'A'NSHIP 67 SOUTH. RANGE 26 EAST, AND BEING MORE PARTICL'I_ARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT 3, BEAR EAST FOR A DISTANCE OF 128 FEET TO A POINT; THENCE BEAR NORTH FOR A DISTANCE OF 1434.20 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREINAFTER DESCRIBED; FROM SAID POINT OF BEGINNING, CONTINUE BEARING NORTH FOR A DISTANCE OF 35 FEET TO A POINT; THENCE BEAR WEST FOR A DISTANCE OF 55 FEET TO A POINT; THENCE BEAR SOUTH FOR A DISTANCE- OF 35 FEET TO A POINT; THENCE BEAR EAST FOR .A DISTANCE OF 55 FEET, BACK TO THE POINT OF BEGINNING. AND ALSO: LOT NO. 80, ACCORDING TO A SURVEY OF BIG COPPITT TRAILER PARK, BIG COPPITT KEY, MONROE COUNTY, FLORIDA, BY C.G. BAILEY, SURVEYOR, DATED SEPTEMBER 1, 1958, AND BEING A PARCEL OF LAND IN A PART OF GOVERNMENT LOT 2, SECTION 22, TOWNSHIP 67 SOUTH, RANGE 26 EAST, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT 3, BEAR EAST FOR A DISTANCE OF 128 FEET TO A POINT; THENCE BEAR NORTH FOR A DISTANCE OF 1469.20 FEET TO THE POINT OF BALER TRUST TO HILL EXHIBIT tVARRA.Nr'YDFFD P.4 GEIOF 3 Doca 1926393 Bka 2622 Pga 2094 BEGINNING OF THE PARCEL OF LAND HEREINAFTER DESCRIBED; FROM SAID POINT OF BEGINNING, CONTINUE BEARING NORTH FOR A DISTANCE OF 35 FEET TO A POINT; THENCE BEAR WEST FOR A DISTANCE OF 55 FEET TO A POINT; THENCE BEAR SOUTH FOR A DISTANCE OF 35 FEET" TO A PORT; THENCE BEAR FAST FOR A DISTANCE OF 55 FEET, BACK TO THE POINT OF BEGINNING. A PARCEL OF LAND ON BIG COPPITT KEY, AND KNOWN AS A PART OF TRACT B, OF SIMILAR SOUND SECTION ,A ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAN BOOK 3, PAGE 126 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA, SAID PARCEI. BEING MORE PARTICULARLY DESCRIBED BY METF_S AND BOUNDS AS FOLLOWS: COMMENCING AT THE SOUTHFAST CORNER OF GOVERNMENT LOT 3, SECTION 22, TOVWSHIP 67 SOUTH, RANGE 26 FAST, BEAR DUE EAST FOR A DISTANCE OF 128.00 FEET TO A POINT; THENCE BEAR NORTH AND AT RIGHT ANGLES FOR A DISTANCE OF 1399.20 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREINAFTER DESCRIBED; THENCE BEAR FAST AND AT RIGHT ANGLES FOR A DISTANCE OF 5.00 FEET TO A POINT; THENCE BEAR NORTH AND AT RIGHT ANGLES FOR A DISTANCE OF 125 FEET, MORE OR LESS TO THE N'LY LINE OF THE SAID TRACT B AND THE APPROXIMATE SHORELINE OF AN EXISTING BAY AS SHOWN ON SAID PLAT BOOK 3 PAGE 1126; THENCE BEAR WEST AND AT RIGHT ANGLES ALONG THE NTY BOUNDARY LINE OF THE SAID TRACT B AND THE SAID APPROXIMATE SHORELINE FOR A DISTANCE OF 5.00 FEET TO THE NW'LY CORNER OF THE SAID TRACT B; THENCE BEAR SOUTH AND AT RIGHT ANGLES ALONG THE WTY BOUNDARY LINE OF THE SAID TRACT B FOR A DISTANCE OF 125 FEET, MORE OR LESS, BACKTO THE POINT OF BEGINNING. LOT A A PARCEL OF LAND IN A PART OF GOVERNMENT LOT 2, SECTION 22, TOWNSHIP 67 SOUTH, RANGE 26 EAST, ON BIG COPPITT KEY, MONROE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT 3, SECTION 22, TOWNSHIP 67 SOUTH, RANGE 26 EAST, BEAR WEST FOR A DISTANCE OF 15 FEET TO A POINT; THENCE BEAR NORTH FOR A DISTANCE OF 1291.20 FEET TO A POINT; THENCE BEAR FAST FOR A DISTANCE OF 65 FEET; THENCE BEAR NORTH FOR A DISTANCE OF 85 FEET TO THE POINT OF BEGINNING; CONTINUE BEARING NORTH FOR .A DISTANCE OF 52.50 FEET TO A POINT; THENCE BEAR WEST FOR A DISTANCE OF 43.70 FEET TO AN EXISTING CANAL; THENCE S 88" 54' 32" W FOR A DISTANCE OF 52.51 FEET; THENCE AT .AN ANGLE OF 88" 54' 32" TO THE RIGHT FOR A DISTANCE OF 44.70 FEET BACK TO THE POINT OF BEGINNING. LOT B A PARCEL OF LAND IN A PART OF GOVERNMENT LOT 3, AND A PART OF GOVERNMENT LOT 2, ALL IN SECTION 22, TOWNSHIP 67 SOUTH, RANGE 26 EAST, ON BIG COPPITT KEY, MONROE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT 3, SECTION 22, TOWNSHIP 67 SOUTH, RANGE 26 FAST, BEAR WEST FOR A DISTANCE OF 15 FEET; THENCE- BEAR NORTH FOR A DISTANCE OF 1291.20 FEET TO A POINT; THENCE BEAR EAST FOR A DISTANCE OF 65 FEET; THENCE BEAR NORTH FOR A DISTANCE OF 137.50 FEET TO THE POINT OF BEGINNING; THENCE- CONTINUE BEARING NORTH FOR A DISTANCE OF 52.50 FEET TO A POINT; THENCE BEAR NEST FOR A DISTANCE OF 45.50 FEET TO AN EXISTING CANAL; THENCE S 88'02'11" W FOR A DISTANCE OF 52.53 FEET; THENCE AT AN ANGI F OF 91` 57 TO THE RIGHT FOR A DISTANCE OF 43.70 FEET BACK TO THE POINT OF BEGINNING. THE EASTERLY 144.53 FEET OF A PARCEL OF LAND AND BAY BOTTOM AS RECORDED IN O.R. BOOK 175, PAGE 58 OF THE PUBLIC RECORDS OF MONROE COUNTY AS FOLLOWS: A PARCEI OF LAND LOCATED NORTHERLY OF AND ADJACENT TO LOT 29, GULF VIEW SUBDIVISION AS RECORDED IN PI-AT BOOK 3, AT PAGE 17, MONROE COUNTY OFFICIAL_ RECORDS AND THE WESTERLY 128 FEET OF GOVERNMENT LOT 2, SECTION 22, TOWNSHIP 67 SOUTH, RANGE 26 FAST, BIG COPPITT KEY, MONROE COUNTY, FLORIDA AND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BFGIN AT THE NORTHWEST CORNER OF LOT 29 ACCORDING TO SAID PLAT OF GULF VIEW; THENCE NORTH 140 FEET, MORE OR LESS, TO A POINT; THENCE :NORTH 840 00' FAST A DISTANCE OF 279.53 FEET TO THE NORTHWEST CORNER OF THAT CERTAIN PARCEL OF SUBMERGED LAND DESCRIBED IN TRUSTEES I.I.F. DEED NO. 21766; THENCE SOUTH ALONG THE WEST LINE OF SAID CERTAIN PARCEL OF SUBMERGED LAND A DISTANCE OF 200 FEET TO A POINT IN THE NORTHERLY SHORELINE OF BIG COPPITT KEY; THENCE WESTERI Y ALONG THE MEANDERS OF SAID NORTHERLY SHORELINE A DISTANCE OF 280 FEFT, MORE OR LESS, BACK TO THE PINT OF BEGINNING. PARCEL IDENTIFICATION N t 1 M BER 00121040- 000101; AL I NATE KFY ( "AK ") NO.: 1154709; .AND, PARCEL IDENTIFICATION NUMBER 00121300 - 000000: ALTERNA F. KEY ( "AK ") NO.:1155021; A'ND, PARCEI_ IDENTIFICATION Nt?IbIBER: 00121430- 000000; ALTERNATE KEY ( "AK ") NO.: 1155225; AND, PARCEL IDENTIFICATION NUNIBER: 00121440 -000000; ALTERNATE KEY ( "AK ") NO.: 1155233;AND, PARCEL IDENTIFICATION NtU1vIBl =R 00121030- 000100; ALTERNATE KEY ( "AK - ) NO.: 8692943; SGBJF:CT TO CONDITIONS AND RESTRICTION'S OF RECORD, IF ,ANY; HO\ ?'r'ER, THIS DEED SHALL NOT OPERATE TO RF- IMPOSE THE SAME SUBJECT TO: TAXES FOR TI IF Y't:AP, 2013 AND SI BSEQI ENT YEARS K.41I7t 7Rr sr - To Hiu. R4GE1of 3 y Doe# 1928393 Bk# 2622 Pg# 2095 GRANTOR, MICHAEL W. BRIER WARRANTS THAT AT THE TIME OF I HIS CONVEYANCE, THE SUBJECT PROPERTY IS NOT HIS HOMESTEAD WITHIN': THE MEANING SET FORTH IN THE CONSTITUTION OF THE STATE OF FLORIDA, NOR 1S IT CONTIGUO1?S TOOR A PART OF HIS HOMESTEAD PROPERTY. CSR UNTOR'S RFSIDENCF AND HOMESTEAD ADDRESS Is 219O11VIA STREET, KEY WEST, FL 33040. Together Nvith all the tenements, hereditanents and appurtenances thereto be longing or in anywise appertaining. To Have and to Hold the same in fee simple lorever. And the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to se!1 and convey said land, that the Grantor hereby fully wa -,nnts the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2012, and those items listed above. In Witness Whereof, Grantor has hereunto t Grantor' . hand and seal the day and year first above written. Signed, sealed and delivered in our presence: (a Witness 1 si nature MICHAELW. BALER INDIVIDUALLY Print nal e: 01 1 '4 S E "t Itness #��� nature _ Print na14 - - 22: V STATE OF MASSACHt'SE1 - IS MICHAEL W. BAIER as TRI JSTEE of the MICHAEL W. BAIER DECLARATION of TRUST dated MAY 18, 2000 C:Oi rNTl' OF BERKSHIRI '1 J 0 ! j I HEREBY CERTIFY that on thislday personally appeared before me, an ollicer duly authorized to admi lister oaths and take acknowle lgemenis MICHAEL W. BAIER, who is personally known to me, or who produced %� �,�c '•� A 1 ' .v� ,/, as identilication, to be the same person who is the named Grantor described in the foregoing ng \Va panty Deed, and h- acknowledged to me that he executed the same freely and voluntarily for the purposes therein expressed, with all requisite authority on behalf of the Trust. WITNES'S my hand and olficial seal at Lenox, Berkshire Count)% Massachusetts on this ic*( _iday of April, 2013 (STA'v1P /SEAL) r "Notary pubtlC' Lori A. Robbins 1 ; 0 M Of 6lassechusetts E083 W Sepl.19, 2014 aL ::� votary ublic- Statcof NIA - -V Coati iou Expires. BArm TRrsrroftru _ MONROE COUNTY t1'ARR.4.vT}'DEL•D OFFICIAL RECORDS R4Gf - ;or 3 Doelt 2010224 12/24/2014 3:27PR ` MONROE p COUNTr in AMY official Records of N Prepared by and return to True Title Agency Inc. 1122/24//22914 S TAM P 3 :27PM K $ew PO Box 420321 DEE DOC Summerland Key, FL 33042 305 -872 -4005 Doetl 2010224 File Number: 2014 -267 Bka 2716 Pgp 161 Parcel Identification No. 00121510 -000000 ( Space Above This Line For Recording Data] Warranty Deed (STA WTORY FORM - SECTION 689 02, F.S) This Indenture made this 22nd day of December, 2014 between Melvin Donald Ellington, a single man, fWa Melvin Donald Jenkins whose post office address is 76 Palm Drive, Key West, FL 33040 of the County of Monroe, State of Florida, grantor*, and Blake Russell Hill whose post office address is 4584 Wood Duck Point, York, SC 29745 of the County of York, State of South Carolina, grantee ", Witnesseth, that said grantor, for and in consideration of the sum of TEN AND NO /100 DOLLARS (510.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Monroe County Florida, to -wit: Lot No. 71, according to a survey of BIG COPPITT TRAILER PARK, Big Coppitt Key, Monroe County, Florida, by C.G. Bailey, Surveyor, dated September 1, 1958, and being a parcel of land in a part of Government Lot 3, and part of Government Lot 2, all in Section 22, Township 67 South, Range 26 East, and being more particularly described by metes and bounds as follows: COMMENCING at the Southeast corner of Government Lot 3, bear West for a distance of 15 feet to a point; thence bear North for a distance of 1291.20 feet to a point; thence bear East for a distance of 65 feet to a point; thence bear North for a distance of 42.5 feet to the Point of Beginning of the parcel of land hereinafter described, from said Point of Beginning, continue North for a distance of 42.5 feet to a point; thence bear West for a distance of 44.70 feet to a canal; thence bear South along said canal for a distance of 42.5 feet to a point; thence bear East for a distance of 47.5 feet back to the Point of Beginning. Subject to taxes for 2014 and subsequent years; covenants, conditions, restrictions, easements, reservations and limitations of record, if any. Together with that certain Mobile Home ID# 23554203; Year 1954; Make SPARTA; Title # 13141737 and said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. • "Grantor" and "Grantee" arc used for singular or plural, as context requires. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: j eal) Witness N ;te _C <t Et A vin Dona d lli$ n Witness Name: State of Florida County of Monroe The foregoing instrument was acknowledged before me this 22 y of December, 2014 by Melvin Donald Ellington, who [_J is personally known or [XJ has produced a driver's license as id t]fication. - -- [Notary Sea]] otary Pu is Printed Name: A WCFtAROJ.FtEL�R r MYCOAMSSIONfFF005111 My Commission Expires: F: EXPIRES: Juno 11, 2017 q Bomea ThU Wry PWe tlahMitn MONROE COUNTY Doubleiimem OFFICIAL RECORDS NOTARIAL ATTESTATION STATE OF FLORIDA COUNTY OF MONROE On this of May 2016, I attest that the attached document is a true, exact, complete, and unaltered photocopy made by me of the Right of Way Agreement for Utility Relocation, notarized by me on March 29` 1016 and Petitioner's Affidavit of No Encumbrances notarized by me on March 3, 2016 and presented to me by the document's custodian, Blake Russell Hill , and, to the best of my knowledge, that the photocopied document is neither a vitaj record nor a public record, certified copies of which are available from an official sourest than a notary public. ranklin D. Greenman STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me this lay of May, 2016 by Franklin D. Greenman, who is personally known to mP or who has produced as Identification. NOTARY PUBLIC, STATE OF FLORIDA Printed Name: M Commission E rr , ; My Vegue p��� ; ari Martin COMMSS I FF185477 EXPIRES: December 28, 2018 www.AARONNOTARY.COMI rana" t Return to: a Monroe County Planning & Environmental Resources Department 2798 Overseas Highway, Suite 400 Marathon, FL 33050 Prepared by: Franklin D. Greenman 5800 Overseas Highway, Ste 41 Marathon, FL 33050 ---------------------------- - - - - -- Space Above This Line For Recording ----------------------- RIGHT -OF -WAY ABANDONMENT AGREEMENT FOR UTILITY RELOCATION This Agreement entered into this 2k day of March, 2016, by BLAKE RUSSELL HILL PETITIONER(s)/PROPERTY OWNER(s) (hereinafter "PETITIONER(s) "); and WHEREAS, Monroe County Code (hereinafter "Code ") Section 19 -1 (2015) authorizes, in certain circumstances, abandonment of a County right -of -way; and WHEREAS, Code Section 19 -1 (2015) provides, in relevant part, that "No right -of -way shall be abandoned unless there is an agreement to do so by all affected property owners." For purposes of this Section, and pursuant to Code Sections 19- 1(c)(1) -(4) (2015), an "affected property owner" is "the owner of property which directly adjoins the area subject to abandonment or, if' such "right of way is abandoned, will have access currently used by that property owner eliminated or diminished," or "will have the only platted access eliminated," or "will have the paved area adjacent to that property increased for turn- around purposes," or "be increased in size;" and WHEREAS, Code Section 1 -2 (2015) defines "property" as including both "real and personal property," which, therefore, may include an affected owner of personal property such as (but not limited to) an owner of an existing utility line which does not have a real property interest (such as a utility easement) in the same; and WHEREAS, in order to satisfy the requirement(s) set forth in Code Section 19 -1(k) (2015), PETITIONER(s) has/have obtained a "Conditional Letter of No Objection," attached hereto as Exhibit " A" to this Agreement, which is hereby incorporated as if fully stated herein, which PETITIONER(s) has/have submitted or shall submit or otherwise provide to the County, from the subject utility having the following legal name as set forth in the official public records of the Florida Department of State - Division of Corporations Keys Energy Services, in which said utility stated that it has "No objection" to [the] abandonment of that portion of Ed Swift Road, located between Lots 76 -80 and Lots A and B, Big Coppitt Key, FL, as shown in the attached survey, attached as Exhibit "B ", on the condition(s) that the utility pole #BC12- 7 -1 -39 and any utilities of Comcast and AT &T located on the pole be relocated at the owner's expense; and WHEREAS, by this duly executed Agreement, which shall be recorded forthwith, PETITIONER(s) hereby covenant(s) with the County that the relocation of the utility pole #BC12- 7 -1 -39 of the above -named utility shall be the exclusive and sole responsibility of PETITIONER(s) and be at PETITIONER'S exclusively and sole expense; and NOW, THEREFORE, for and in consideration of the sum of TEN and 00 /100 DOLLARS ($10.00), and as an inducement for the County to approve this Agreement, together with other good and valuable consideration, the adequacy, sufficiency, and receipt of which are hereby expressly acknowledged and attested to by all parties hereto, PETITIONER(s) hereby agree(s) and covenant(s) as follows: 1. The foregoing recitals are true and correct and are hereby incorporated as if fully stated herein; and 2. The PETITIONER(s) is /are the sole fee simple title owner(s) of that certain immediately below - described real property located in Monroe County, Florida, having a legal description as follows and which is shown on the Deeds attached hereto as Exhibit "C" which is hereby incorporated as if fully stated herein: Parcel(s)/Lot(s): LEGAL DESCRIPTION AS PER DEEDS ATTACHED AS EXHIBT "C" Key: BIG COPPITT Approximate Mile Marker: 10 Real Estate Number(s): 001121030 - 000100, 00121300 - 000000, 00121430- 000000, 00121440 - 000000 and 00121510- 000000. 3. The PETITIONER(s) desires to relocate the subject utility's above - described interest, more fully legally described immediately below, in pursuant to and in compliance with the above - described Code Sections, and shall do so in compliance with the United States and Florida Constitutions, the Florida Statutes, the Monroe County Comprehensive Plan, the Monroe County Code(s), the Florida Building Code(s), and all other applicable federal, state, and local codes, ordinances, orders, resolutions, regulations, and rules: Parcel(s)/Lot(s)/ Block /Subdivision/Plat Book/Page: LEGAL DESCRIPTION AS PER DEEDS ATTACHED AS EXHIBT "C" Key: BIG COPPITT Approximate Mile Marker:10 Real Estate Number(s): 001121030- 000100, 00121300 - 000000, 00121430- 000000, 00121440 - 000000 and 00121510- 000000. 4. Conditions and Revocation or Termination of Agreement The PETITIONER(s) hereby agrees to submit a complete right -of -way permit application to the County in compliance with the form and address requirements set forth in Paragraph 5 below together with any permit required by Keys Energy Services within one - hundred eighty (180) days of the effective date of the County's approval of the PETITIONER's right - of -way abandonment petition corresponding to this Agreement. Should the PETITIONER(s) fail to relocate the subject utility's above- described interest in accordance with Keys Energy Services Permit(s) and the corresponding County right -of- way permit(s) (corresponding to this Agreement), or otherwise fails to complete construction necessary to complete re- location of the subject utility's above - described interest within the following time -frame and under the following condition(s) the County's previous approval to abandon the corresponding/the subject right -of -way shall immediately be rescinded and the prior - abandoned right -of -way (any and all portions thereof) shall immediately revert back to the County. Nothing contained herein shall be construed to prohibit, limit, or otherwise restrict the County's authority to terminate this Agreement, the County's previous approval to abandon the corresponding/the subject right -of -way, the County right -of -way permit(s) corresponding to this Agreement, or any other permit(s), approval(s), or inspection(s) corresponding to this Agreement or prior County approval to abandon the corresponding/the subject right - of -way, pursuant to the U.S. and Florida Constitutions, the Florida Statutes, the Monroe County Comprehensive Plan, the Monroe County Code(s), the Florida Building Code(s), the provisions and terms of this Agreement, and/or all other applicable federal, state, and local codes, ordinances, orders, resolutions, regulations, and rules; and 5. Notice and Service of Process - Monroe County All notices, consents, approvals, or other communications to the County hereunder shall be in writing and shall be deemed properly served if sent by U.S. Postal Service Certified Mail, return receipt requested, in the following form and address: Monroe County Planning & Environmental Resources Department Attn: Senior Director Subject: Right -of -Way (Road) Abandonment - Utility Agreement 2798 Overseas Highway, Marathon, FL 33050 With a copy to: Monroe County Engineering Services Department Attn: Director Subject: Right -of -Way (Road) Abandonment - Utility Agreement 1100 Simonton Street, Room 2 -216 Key West, FL 33040 With a copy to: Monroe County Attorney's Office Subject: Right -of -Way (Road) Abandonment - Utility Agreement 1111 12th Street, Suite 408 Key West, FL 33040 6. Construction and Interpretation Any and all construction(s) or interpretation(s) of Monroe County Comprehensive Code provision(s) and Monroe County Code(s) provision(s) shall be deferred in favor of the County and such construction and interpretation shall be entitled to great weight on trial and on appeal; and 7. Recordation The PETITIONER(s) hereby agree(s) to and shall, once this Agreement has been executed by PETITIONER(s) and the County, file this Agreement with the Clerk of the Circuit Court of Monroe County together with all appropriate and required collateral instrument(s), and shall record this Agreement together with all appropriate and required collateral instrument(s) in the Official Records of Monroe County, Florida, and shall pay any and all costs associated with such recordation; and 8. Amendment, Modification, or Release, and Recording Thereto No amendment(s), modification(s), or release(s) to this Agreement is /are effective unless the County agrees, consents, and joins in writing thereto. The PETITIONER(s) shall file any such properly executed amendment(s), modification(s), or release(s) to this Agreement with the Clerk of the Circuit Court of Monroe County together with all appropriate and required collateral instrument(s), and shall record such properly executed amendment(s), modification(s), or release(s) together with all appropriate and required collateral instrument(s) in the Official Records of Monroe County, Florida, and shall pay any and all costs associated with such recordation; and 9. Subsequent Reference Requirement A. The PETITIONER(s) hereby agree(s) to and shall submit a copy of this filed and recorded Agreement together with (simultaneously in date and time with) all future development applications relating to the/his/her /its /their property described in Paragraphs 2 or 3 above. Such submission by PETITIONER(s) shall be to the agency(ies), department(s), and office(s) in receipt of or otherwise receiving such development application(s). This requirement is non - exclusive to Monroe County agencies, departments, and offices, and is to be construed as inclusive of all reviewing federal, state, Monroe County, and local agencies, departments, and offices in receipt of or otherwise receiving such development application(s), such that the PETITIONER(s) must so simultaneously furnish a copy of this filed and recorded Agreement to any and all federal, state, Monroe County, and local agencies, departments, and offices in receipt of or otherwise receiving such development application(s); and B. The PETITIONER(s) shall reference this filed and recorded Agreement, including the recording book and page number(s) and document number(s) of this Agreement in anyfuture instrument conveying title to or an interest in the property described in Paragraphs 2 or 3 above; and C. The PETITIONER(s) shall insert the terms and restrictions of this Agreement into any subsequent deed or other legal instrument by which he/she /it/they divest(s) himself /herself/itself/themselves of any title to or interest in the property described in Paragraphs 2 or 3 above; and 10. Joint - and - Several Liability If the PETITIONER(s), or any other non - County natural person(s) or legal person(s) are party(ies) to any suit, action, or proceeding, in law or in equity, initiated, cross - initiated, counter- initiated, or otherwise filed by the County to enforce any provision(s) or term(s) contained herein, and consist(s) of more than one person(s) or entity(ies), such person(s) and entity(ies) shall be jointly and severally liable; and 2 I 1 Non - Assignability This Agreement shall not be assignable by the PETITIONER(s), or by any other non - County party with title to or an interest in the property described in Paragraphs 2 or 3 above, unless such assignment is first approved by Monroe County Board of County Commissioners (hereinafter "BOCC ") Resolution; and 12. Transfer Notice The PETITIONER(s) shall provide written notice to the County of the transfer of any title to or interest in the property described in Paragraphs 2 or 3 above at least thirty (30) days prior to the date of such transfer. Failure of the PETITIONER(s) to perform any act required by this Section shall not eliminate this requirement or the County's rights arising from, relating to, or in connection with this requirement, and shall not impair the validity of this Agreement or limit its enforceability in any way; and 13. Notice and Service of Process - To PETITIONER(s) All notices, consents, approvals, or other communications to the PETITIONER(s) shall be in writing and be deemed properly served if, unless otherwise provided in this instrument, sent by U.S. Postal Service, Certified Mail, return receipt requested, to his/her address of record with the Monroe County Property Appraiser's Office or to his/her address of record with the Monroe County Tax Collector's Office. If, after one (1) unsuccessful attempt (in accordance with the preceding sentence) by the County to serve notice upon PETITIONER(s), the County shall, in addition to the preceding sentence's method of notice and service of process for the purposes herein, be entitled to satisfy this Section's sufficiency of notice and service of process requirement(s) by subsequent election to serve such notice pursuant to (I) Florida Statutes §§ 49.011(1) -(2) (2015), 49.011(5) (2015), 49.021 (2015), (applicable if an action or administrative proceeding has commenced or otherwise been formally initiated by filing in accordance with applicable rules of procedure) 49.031 (2015), (applicable if an action or administrative proceeding has commenced or otherwise been formally initiated by filing in accordance with applicable rules of procedure) 49.041 (2015), (applicable if an action or administrative proceeding has commenced or otherwise been formally initiated by filing in accordance with applicable rules of procedure) 49.051 (2015), (applicable if an action or administrative proceeding has commenced or otherwise been formally initiated by filing in accordance with applicable rules of procedure) 49.061 (2015), (applicable if an action or administrative proceeding has commenced or otherwise been formally initiated by filing in accordance with applicable rules of procedure) 49.071 (2015), (applicable if an action or administrative proceeding has commenced or otherwise been formally initiated by filing in accordance with applicable rules of procedure) 49.08 -09 (2015), (for non- foreclosure action proceeding notice(s)) 49.10(1)(a) (2015), (for foreclosure action proceeding notice(s)) 49.10(c) (2015), and/or pursuant to (II) Florida Statute § 49.11 (2015). Notice constructively served pursuant to such election shall be deemed properly served for the purpose(s) herein. Actual notice is not required under this Section; and 14. Notice and Service of Process - To Legal Person(s) In the event PETITIONER(s) comprise(s) a registered business entity, corporate entity, or similar legal person, all notices, consents, approvals, or other communications to such entity shall be in writing and shall be deemed properly served if sent by U.S. Postal Service Certified Mail, return receipt requested, to the mailing address of such entity's Registered Agent as shown in the public records of the Florida Department of State - Division of Corporations 5 (hereinafter "Sunbiz "), or its equivalent agency. Actual notice is not required under this Section. In the event PETITIONER(s) is /are a legal trust, all notices, consents, approvals, or other communications to such trust shall be in writing and shall be deemed properly served if sent by U.S. Postal Service Certified Mail, return receipt requested, to the mailing address(es) of the property described in Paragraphs 2 and 3 above, and to such trust's address(es) of record, if any, with the Monroe County Property Appraiser's Office or its address(es) of record, if any, with the Monroe County Tax Collector's Office. If, after one (1) unsuccessful attempt (in accordance with the preceding sentence) by the County to serve notice upon such legal person(s), the County shall, in addition to the preceding sentence's method of satisfying notice and service of process for the purposes herein, also be entitled to satisfy this Section's sufficiency of notice and service of process requirement(s) by subsequent election to serve such notice pursuant to (I) Florida Statutes §§ 49.011(1) -(2) (2015), 49.011(5) (2015), 49.021 (2015), (applicable if an action or administrative proceeding has commenced or otherwise been formally initiated by filing in accordance with applicable rules of procedure) 49.031 (2015), (applicable if an action or administrative proceeding has commenced or otherwise been formally initiated by filing in accordance with applicable rules of procedure) 49.041 (2015), (applicable if an action or administrative proceeding has commenced or otherwise been formally initiated by filing in accordance with applicable rules of procedure) 49.051 (2015), (applicable if an action or administrative proceeding has commenced or otherwise been formally initiated by filing in accordance with applicable rules of procedure) 49.061 (2015), (applicable if an action or administrative proceeding has commenced or otherwise been formally initiated by filing in accordance with applicable rules of procedure) 49.071 (2015), (applicable if an action or administrative proceeding has commenced or otherwise been formally initiated by filing in accordance with applicable rules of procedure) 49.08- 09 (2015), (for non - foreclosure action proceeding notice(s)) 49.10(1)(a) (2015), (for foreclosure action proceeding notice(s)) 49.10(c) (2015), and/or pursuant to (II) Florida Statute § 49.11 (2015). Notice constructively served pursuant to such election shall be deemed properly served for the purpose(s) herein. Actual notice is not required under this Section; and 15 Default Notice Unless otherwise provided in this Agreement, in the event of breach or violation of any provision(s) or term(s) hereunder by PETITIONER(s), the County shall provide written "Notice of Default" or "Notice of Violation" to the defaultingPETITIONER(s), and such defaulting PETITIONER(s) shall have the right to cure such breach(es) or violation(s) within thirty (30) days of receiving notice of such breach or violation; and 16. Enforcement. A. In the event of any breach or violation of any condition(s), provision(s), or term(s) contained herein, the County shall, without liability to the County, have the right to unilaterally terminate this Agreement, and to proceed at law or in equity as may be necessary to ensure compliance with the condition(s), provision(s), or term(s) hereof, remediation thereto, and to otherwise the breach or violation of any of them, to collect damages, and may enforce this Agreement by emergency, preliminary, and permanent injunction, including ex parte action and 0 motion for such injunction(s), it being agreed that the County would have no adequate remedy at law, or such other legal method as the County deems appropriate. Uncured breach or violation of this Agreement shall, without any additional notice beyond this Agreement's recordation, entitle the County to immediately suspend and /or rescind, without liability to the County, development applications and pending or issued permits, approvals, or inspections reliant upon PETITIONER'S full and proper performance of this Agreement, or otherwise arising from, related to, or in connection with this Agreement, except for those permits, approvals, and inspections necessary to cure such breach or violation. County enforcement action(s) thereto shall be at the County's discretion, and PETITIONER(s) hereby agrees to and shall pay for all costs associated with such County enforcement action(s). Failure of the PETITIONER(s) to comply with or perform any act required by or under this Agreement shall not impair the validity of this Agreement, and County delay or failure to enforce, however long continued, shall not be deemed a waiver or estoppel of the County's right to do so thereafter as to any such violation or breach, and no alleged County waiver or estoppel of any breach of any condition, provision, or term contained herein shall be construed as waiver or estoppel of any succeeding breach or violation of the same condition, provision, or term; and B. In the event of any suit, action, or proceeding, in law or in equity, by the County to enforce the condition(s), provision(s), or term(s) contained herein, if the County prevails in any such suit, action, or proceeding, on trial or appeal, the County shall be entitled to reasonable attorney's fees, including trial, appellate, bankruptcy, and post judgment costs and collection proceedings for the maintenance or defense of any such suit, action, or proceeding, to be paid by the losing party(ies) as fixed by the court. Any order or judgment so rendered in favor of the County in connection with any such suit, action, or proceeding arising out of, related to, or in connection with this Agreement, shall bear interest at the highest rate allowed by law. The County may recover reasonable legal and professional fees attributable to the preparation, administration, and enforcement of such suit, action, or proceeding, from any person(s) and /or entity(ies) from or to whom a demand or enforcement request is made, regardless of actual initiation of a suit, action, or proceeding. These remedies are in addition to any other remedy, fine, or penalty which may be applicable under including, but not limited to, Chapters 162, 373, and 403, Florida Statutes; and C. Cumulative Remedies In the event of any breach or violation of the condition(s), provision(s), or term(s) contained herein, the County shall, without liability to the County, have the right to proceed at law or in equity as may be necessary to enforce compliance with such conditions, provisions, and terms, to enjoin activities, construction, maintenance, practices, repairs, and uses non- compliant with the conditions, provisions, and terms contained herein, and to otherwise prevent the breach or violation of any of them, to collect damages, and both authorized and entitled to enforce this Agreement by emergency, preliminary, and permanent injunction, including by ex parte motion and action for such injunction(s), it being hereby expressly and specifically agreed that the 7 County has no adequate remedy at law, or such other legal method as the County deems appropriate. All rights and remedies accruing to the County shall be assignable in whole or in part and be cumulative; that is, the County may pursue such rights and remedies as the law and this Agreement afford it in whatever order the County desires and the law permits. The County's resort to any one law(s) and/or remedy(ies) in advance of any other shall not result in waiver or compromise of any other law(s) and/or remedy(ies). The PETITIONER(s) hereby agree(s) to and shall pay for all costs associated with the County's enforcement action(s) thereto; and 17. Dispute Resolution - Meet - and - Confer Prerequisite The PETITIONER(s) hereby agree(s) that as a first condition precedent to his/her /its /their initiation of litigation or adversarial administrative proceedings against the County in the form of a suit or action arising out of, related to, or in connection with this Agreement, shall first, prior to the initiation of such suit or action, attempt to resolve their dispute(s) and disagreement(s) by a meet - and - confer session between himself /herself /itself/themselves and Monroe County Planning & Environmental Resources Department staff and counsel to the Monroe County Planning & Environmental Resources Department. If no resolution can be agreed upon within thirty (30) days after the occurrence of the aforesaid meet - and - confer session, such issue(s) shall next (second), as a second condition precedent to the initiation of such suit or action, be discussed at a public meeting of the Monroe County BOCC occurring in the same geographic sub -area as the geographic location of this Agreement (i.e., Upper Keys - Key Largo, Middle Keys - Marathon, Lower Keys - Key West). The PETITIONER(s) hereby agree(s) that in the event he /she /it/they so initiate such suit or action without satisfying both of these conditions precedent to their initiation of litigation or adversarial administrative proceedings against the County, that the County shall be automatically entitled to an Order granting Grantee's Motion to Dismiss and Florida Statute § 57.105 (2015) Motion for Sanctions and Attorney's Fee (or, at Grantee's election (if applicable), their Florida statutory equivalent(s), Federal equivalent(s), or non - Florida legal equivalent(s)); and 18. Limitation of Liability. A. In the event of any litigation or adversarial administrative proceedings concerning the condition(s), provision(s), or term(s) of this Agreement, the PETITIONER(s) hereby agrees to expressly waive his/her /its /their right to a jury trial and shall be treated as having expressly waived his/her /its /their right to a jury trial; and B. Hold Harmless and Indemnification The PETITIONER(s) hereby hold(s) the County harmless from the claims of all persons and entities for action(s), inaction(s),activity(ies), damage(s), expense(s), proposed or undertaken construction, development, or similar work, and loss(es) occurring on the property described in Paragraphs 2 or 3 above, and hereby expressly agrees that the County shall not be liable for any injury(ies) allegedly caused by the tools, materials, or equipment used by the PETITIONER(s), its employees or agents, or used by the PETITIONER's contractor(s), or its (contractor(s)) employees or agents. The PETITIONER(s) further agree(s) to indemnify and defend the County, its 8 officers, employees, and agents, from any and all claims for bodily injury (including death), personal injury, business damage(s), property damage, and any other losses, damages, and expenses (including attorney's fees), allegedly arising from, related to, or in connection with this Agreement or construction, development, or similar work undertaken thereto; and C. Hazardous, Toxic, Radioactive Substances The PETITIONER(s) hereby expressly waives its rights to file or otherwise initiate or pursue any claim(s) against the County for personal damage or injury, or damage or injury to property, that is allegedly caused by the allegedly negligent or grossly negligent action or inaction of the County or an officer, employee, or agent of the County, which allegedly arises from, was or is related to, or was or is in connection with this Agreement, or County authorization(s), activity(ies), or inactivity(ies) thereto, and further holds the County harmless from the claims of all persons for the action(s), inaction(s), activity(ies), damage(s), expense(s), and loss(es) occurring on the property described in Paragraphs 2 and 3 above, and further indemnifies the County for all liability arising from any discovery of hazardous, toxic, or radioactive substance materials on the property described in Paragraphs 2 and 3 above, and, in the event such material is discovered, the County shall not be responsible for, and the PETITIONER(s) shall be responsible for, the removal of such materials following coordination and written approval by the County. The term(s) "hazardous, toxic, or radioactive substance material" shall mean any hazardous, toxic, or radioactive substance material, matter, or waste, which is or becomes regulated by any federal, state, or local law, ordinance, order, rule, regulation, code, or any other governmental restriction or requirement and shall include petroleum products and asbestos as well as improper or excessive storage of or use of common household cleaning and landscaping chemicals, pesticides, batteries, and the like, and those materials defined as hazardous substance or hazardous waste in the Comprehensive Environmental Response Compensation and Liability Act and/or the Resource Conservation and Recovery Act. The PETITIONER(s) shall immediately notify the County of any discharge or discovery of any hazardous, toxic, or radioactive waste at, upon, under, or within the property described in Paragraphs 2 and 3 above, and the PETITIONER(s) shall, at his/her /its /their cost and expense, comply with all remedial measures required by any governmental agency having jurisdiction thereto. The PETITIONER(s) hereby warrant(s), represent(s), and attest(s), that to the best of his/her /its /their knowledge, the property described in Paragraphs 2 and 3 above are free of any such waste(s), and the PETITIONER(s) hereby agree(s) that the County shall not be liable for environmental damages arising from, related to, or in connection with this Agreement and the property described in Paragraphs 2 and 3 above, and further agree that he/she /it/they shall be exclusively liable for environmental damages according to the extent made so by law for periods following the effective date of this Agreement; and D. The PETITIONER(s) hereby agree(s) that no charge(s) or claim(s) shall be made by it for any delay(s) or hindrance(s) allegedly attributable to the County �7 during the progress of any portion of or during the effective date of this " Agreement; and 19. No County Compensation or Payment(s) The PETITIONER(s) is and shall be exclusively and solely responsible for all costs and expenses required or incurred to /in the completion of any utility relocation project(s) arising from, related to, or in connection with this Agreement. It is hereby mutually and expressly understood by PETITIONER(s) and the County that the County shall be responsible for no cost(s) and shall incur no cost(s) arising from, related to, or in connection with any utility relocation project(s) arising from, related to, or in connection with this Agreement. It is further mutually and expressly understood that there are no third -party beneficiaries to this Agreement, and that no Contractor, or any other person or entity, shall look to the County for compensation arising from, related to, or in connection with such utility relocation project(s); and 20. No Waiver The County shall not be deemed to have waived any rights under this Agreement unless such waiver has been given within this instrument expressly, specifically, and unambiguously; and 21. No Personal Liabili ty . The County expressly reserves and in no way shall be deemed to have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign, governmental, and any other similar defense, immunity, exemption, or protection against any suit, cause -of- action, demand, or liability. Further, no covenant, provision, or term of this Agreement shall be deemed to be a covenant or agreement of any officer, employee, or agent of the County in his or her individual capacity, and no officer, employee, or agent of the County shall be liable personally in this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement; and 22. Non - Reliance by Third - Parties No person(s) or entity(ies) shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim(s) or entitlement(s) to or benefit(s) of any service(s), term(s), or program(s) contemplated hereunder; and 23. Authorized Signatory The signatory(ies) for PETITIONER(s), below, hereby attest(s), certify(ies), and warrant(s) that: A. The PETITIONER's name as set forth in this Agreement is his/her /its /their full and correct legal name (if a legal person/entity, as designated in its corporate charter and as formally registered with the State, or, if a trust entity, as designated in its original trust instrument, as amended). B. The individual(s) executing this Agreement is /are duly authorized to so act and execute this Agreement on PETITIONER's behalf. C. If/As applicable, this Agreement has been duly approved by the PETITIONER's Board of Directors and /or members, consistent with and compliant with PETITIONER's Articles of Incorporation, Bylaws, and all federal, state, and local laws and regulations. 10 D. If PETITIONER(s) comprise(s) a legal person/entity, PETITIONER(s) shall provide the County with an official list of its current Board of Directors and managers, a properly executed and notarized corporate resolution approving this Agreement, a copy of its current Articles of Incorporation (including all amendments thereto), and a copy of its current Bylaws. 24. Compliance with Laws The PETITIONER(s) hereby attests that it has and shall comply with all Articles of Incorporation, Bylaws, laws, ordinances, and governmental rules and regulations applicable to this Agreement and to construction and/or development activity(ies) arising from, related to, or in connection with this Agreement at the property described in Paragraphs 2 and 3 above. The PETITIONER(s) shall obtain all necessary and/or required permits, approvals, inspections, and authorizations as may be required by such Articles of Incorporation, Bylaws, laws, ordinances, governmental rules and regulations, and local, state, and federal governments and agencies; and 25. Jurisdiction, Venue, and Governing Laws This Agreement shall be governed by and construed in accordance with the Laws of the State of Florida and the United States. Exclusive venue for any dispute arising under this Agreement shall be in the Sixteenth Judicial Circuit in and for Monroe County, Florida. This Agreement shall not be subject to arbitration. If the County brings an action to enforce provisions or terms contained herein and prevails in any such action, on trial or appeal, the County shall be entitled to reasonable attorney's fees to be paid by the losing party(ies), at figures fixed by the court, as well as the reasonable cost(s) of restoring such land to the natural vegetative and hydrologic condition existing at the time of execution and recordation of this Agreement. These remedies are in addition to any other remedy, fine, or penalty which may be applicable under including, but not limited to, Chapters 162, 373, and 403, Florida Statutes, and any other action at law or in equity; and 26. Miscellaneous A. Financial Responsibility and No Pledge of Credit The PETITIONER(s) shall not pledge the County's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness; and B. Duty to Cooperate Where required under this Agreement or related agreement(s), the PETITIONER(s) shall cooperate with the County's reasonable requests regarding the provisions and terms contained herein; and 27 Inconsistency, Partial Invalidity, Severability. and Survival of Provisions If any condition, obligation, right, or term of this Agreement, or any portion(s) thereof, is /are held to be invalid or unenforceable in or by any administrative hearing officer or court of competent jurisdiction, the invalidity or unenforceability of such condition, obligation, right, or term, or any portion(s) thereof, shall neither limit nor impair the operation, enforceability, or validity of any other condition, obligation, right, or term of this Agreement, or any remaining portion(s) thereof. All such other conditions, obligations, rights, and terms, and remaining portion(s) thereof shall continue unimpaired in full force and effect; and 11 28. Captions and Paragraph Headings Captions and paragraph headings, where used herein, are inserted for convenience only and are not intended to descriptively limit the scope and intent of the particular paragraph or text to which they refer; and 29. Authority to Attest Each party to this Agreement represents and warrants to the other that the execution, delivery, and performance of this Agreement has been duly authorized by all necessary corporate and other organizational action, as required; and 30. Binding Effect The conditions, obligations, provisions, rights, and terms of this Agreement shall bind and inure to the benefit of the County and PETITIONER(s) and their respective personal representative(s), successor(s), and assign(s), and all such conditions, obligations, provisions, rights, and terms shall be construed as running with the land described in Paragraphs 2 and 3 above such that all subsequent title - holders and parties in interest to said property(ies) shall be bound by this Agreement and all of its conditions, obligations, provision, rights, and terms. However, neither this Agreement, nor any part of it, may be conveyed, assigned, or otherwise transferred by or from the PETITIONER(s) or its personal representative(s), successor(s), or assign(s), absent County approval as set forth in this Agreement. Any such transfer absent County approval as set forth above shall immediately render this Agreement voidable at the County's election and the County shall not be liable to PETITIONER(s), its personal representative(s), successor(s), or assign(s), or any third - party(ies), for any damage(s) or injury(ies) allegedly sustained by the County's lawful election to so void this Agreement on the basis of such unauthorized transfer (transfer absent County approval as set forth above); and 31. TO HAVE AND HOLD UNTO THE PARTIES FOREVER. This Agreement is made in reliance upon information, representations, and documents provided by the PETITIONER(S). If, at some later date, Monroe County determines that such information, representations, and/or documents contained false or misleading information material to the County's consideration and assent to this Agreement, the County reserves the right, in its discretion, to revoke such consideration and assent and to rescind this Agreement and to pursue all remedies at law and equity, for injuries to the County caused by the submission of such false or misleading material information. EXECUTED ON THIS — Zk 5 t day of wl4V-i- , 20 . WITNESSES TO ALL Witness No. 1 (Print Name) (Signature) No. 2 (Print Name) PETITIONERS) BLAKE RUSSELL HILL Petitioner No 1 (Print Name) . �z Netitioner N�o/. 1 (Signature) Date (Print) Witness No. 2 (Signature) 12 STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument, Right -of -Way Abandonment Agreement for Utility Relocation, was acknowledged and attested to before me this - 2,1 day of V AAA44A 20_[ le, by BLAKE RUSSELL HILL, who is personally known to me or produced as proof of identification and did take an oath. Notary Public (Print Name & Notary No.) 0" vLt Notary Public Seal Notary Public (Signature) Mari Martin -Vegue COMMISSION f FF185477 EXPIRES. December 28, 2018 WWW.AARONNOTARY.COM 13 MONROE COUNTY, FLORIDA ACCEPTANCE OF RIGHT -OF -WAY ABANDONMENT AGREEMENT FOR UTILITY RELOCATION In Witness Whereof, Monroe County hereby accepts this Right -of -Way Abandonment Agreement for Utility Relocation and executes this instrument on the date set forth below. For Monroe County, Florida: First Witness (Print Name) First Witness (Signature) Second Witness (Print Name) Second Witness (Signature) Approved as to Form and Legal Sufficiency by: State of Florida County of Monroe Director of Engineering Services (Print Name) Director of Engineering Services (Signature) Date (Print) Monroe County Attorney's Office Before me, the undersigned authority, personally appeared who is personally known to me, or has produced identification. Acknowledged to me this day of Notary Name and Number (Print) 20 as Notary Signature and Seal 14 CONSENT AND JOINDER TO RIGHT -OF -WAY ABANDONMENT AGREEMENT FOR UTILITY RELOCATION (if Applicable) whose address is (Name of Utility Company /Entity) City of , State of , having the subject utility interest, such interest being more particularly described as ' and, if applicable, such interest having been recorded at Book , Page , and Document Number , in the Official Records of Monroe County, Florida, this interest being more particularly legally described as follows: Parcel(s)/Lot(s)/ Block /Subdivision/Plat Book/Page: LEGAL DESCRIPTION AS PER DEEDS ATTACHED AS EXHIBT "C" Key: BIG COPPITT Approximate Mile Marker:10 Real Estate Number(s): 001121030 - 000100, 00121300 - 000000, 00121430- 000000, 00121440 - 000000 and 00121510- 000000. The above -named utility /entity hereby consents and joins in the foregoing Right -of -Way Abandonment Agreement for Utility Relocation, executed at on the date indicated below. (Place of Execution) (Place of Execution) IN WITNESS WHEREOF, the above - described utility /entity hereby executes this Consent and Joinder to Right -of -Way Abandonment Agreement for Utility Relocation. Witness No. 1 (Print Name) Witness No. 1 (Signature) Utility's Name/ Entity's Name (Print Name) Authorized Official on Behalf of Utility /Entity (Print Name) Witness No. 2 (Print Name) Witness No. 2 (Signature) Authorized Official on Behalf of Utility/Entity (Signature) [The remainder of this page has been intentionally left blank.] 15 Authorized Official Capacity to Execute on Behalf of Utility /Entity (Print Title of Authorized Capacity/Position) STATE OF Utility's /Entity's Principal Mailing Address (Print) Utility's /Entity's Registered Agent (Print Name) Utility's /Entity's Registered Agent's Mailing Address (Print) Date (Print) COUNTY OF The foregoing Consent and Joinder to Right -of -Way Abandonment Agreement for Utility Relocation, was acknowledged and attested before me this day of , 20 by ' who is personally known to me or produced as proof of identification and did take an oath. Notary Public (Print Name & Notary No.) Notary Public Seal Notary Public (Signature) 16 JOINDER OF MORTGAGEE TO RIGHT -OF -WAY ABANDONMENT AGREEMENT FOR UTILITY RELOCATION (If Applicable) whose address is , City of (Name of Mortgagee) State of , having a record interest, more particularly described as being the owner and holder of a mortgage dated in the original principal amount of $ given by ( "Mortgagee(s) "), to ( "Mortgagor(s) "), encumbering the real property described in that mortgage, which is recorded in Book , Page , and Document Number in the Official Records of Monroe County, Florida, and together with that certain Assignment recorded in , Page , and Document Number , in the Official Records of Monroe County, Florida, and together with that certain Modification recorded in , Page , and Document Number ' in the Official Records of Monroe County, Florida (said mortgage, assignment, and modification are hereinafter referred to as the "Mortgage "), in the lands described in the Right -of -Way Abandonment Agreement for Utility Relocation between Mortgagee(s) and Monroe County, Florida, Mortgagee hereby consents and joins in the foregoing Right -of -Way Abandonment Agreement for Utility Relocation, executed at on the date indicated below. (Place of Execution) IN WITNESS WHEREOF, Mortgagee grants this Joinder and executed this instrument on the date set forth below. Witness No. 1 (Print Name) Witness No. 1 (Signature) Witness No. 2 (Print Name) Witness No. 2 (Signature) Mortgagee (Print Name) Mortgagee (Signature) Authorized Official Capacity (Director, Officer, Trustee, or other Authorized Official (Print Title of Authorized Capacity/ Position)) Date (Print) [The remainder of this page has been intentionally left blank.] 17 STATE OF COUNTY OF The foregoing instrument, Joinder of Mortgagee to Right -of -Way Abandonment Agreement for Utility Relocation , was acknowledged before me this day of , 20 by , who is personally known to me or produced as proof of identification and did take an oath. Notary Public (Print Name and Notary No.) Notary Public Seal Notary Public (Signature) 18 PETITIONER(S) AFFIDAVIT OF NO ENCUMBRANCES 1. WHEREAS, I /we BLAKE RUSSELL HILL, the PETITIONER(s), is /are the sole fee simple title owner(s) of the certain below- described real property located in Monroe County, Florida, having a legal description as follows and which is shown on attached Exhibit "C," which is hereby incorporated as if fully stated herein: Parcel(s) /Lot(s)/ Block: Please see attached Exhibit "C" Subdivision: N/A Key: Big Coppitt Plat Book: Page: N/A Approximate Mile Marker: 10 Real Estate Number(s): 001121030 - 000100, 00121300 - 000000, 00121430- 000000, 00121440 - 000000 and 00121510- 000000. 2. WHEREAS, it is true and correct that as of this date no liens, loans, mortgage encumbrances, or non - mortgage encumbrances, other than those in which Joinder(s) have been executed and submitted for this Right -of -Way Abandonment Agreement for Utility Relocation, currently encumber the above legally described real property; and 3. NOW, THEREFORE, the undersigned PETITIONER(s) hereby states that the above legally described property is free of all liens, loans, mortgage encumbrances, and non - mortgage encumbrances at this time, other than those in which Joinder(s) have been executed and submitted as part of this Right -of -Way Abandonment Agreement for Utility Relocation. EXECUTED ON THIS day of, 20 1 l0 . IMQ,�Yi�ZI Z-� � WITNESSES TO ALL ( PETITIONER(S) 11 A DU' t Witness No. I (Print Name) WA A1 No. 1 (Signature) Witness No. 2 (Print Name) Witness No. 2 (Signature) BLAKE RUSSEL HILL Petitioner No. 1 (Print Name) /P titioner No. 1 '(Signature) T P / (_ L Date (Print) 80 Ed Swift Road Key West, FL 33040 Non- Entity Owner's/Non- Entity Owners' Principal Mailing Address (Print) 19 Entity Owner - Mailing Address (Print) Entity Owner - Registered Agent Name (Print) Entity Owner - Registered Agent Mailing Address (Print) Witness No. 1 (Print Name) Petitioner No. 2 (Print Name) Witness No. 1 (Signature) Petitioner No. 2 (Signature) Witness No. 2 (Print Name) Date (Print) Witness No. 2 (Signature) STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument, Right -of -Way Abandonment Agreement for Utility Relocation, was acknowledged before me this Z IV day of V�A &Ad& 20_1_( by who is p ersonally known to me or produced as proof of identification and did tae an oath, and by , who is personally known to me or produced as proof of identification and did take an oath. Notary Public (Print Name and Notary No.) Notary Public Seal Notary Public (Signature) Mari Martin -Venue _* COMMISSION l F18 17 EXPIRES: December 28, 2018 www.AARONNOTARY.COM 20 (305) 295-1000 10017ames Street PO Box 6100 Key west, FL 330906100 * tn www.KeysEnergy.com UTILITY BOARD OF THE CITY OF --W- II `7T"— FCE!VED April 11, 2014 David deHaas deHaas Consulting & Design "0 PLANNING DEPT 88975 Overseas Hwy Tavernier, FL 33070 RE: ABANDONMENT OF A PORTION OF ED SWIFT ROAD, BIG COPPrfT KEY, FL BIG COPPITT KEY, Pt Lot 2 (Lots 76 and 78 -80) and Pt of Tad B, PB3 -126 BIG COPPTTT KEY, Pt Lot 2 (Pt Lot 75 and all of Lot 77 AKA Lot B) BIG COPPr1T KEY, Pt Lot 2 (Lot 73 and Pt Lot 75 AKA Lot A) BIG COPPITT KEY, Bay Bottom N. and Adj. to Pt Gov. Lots 2 and 3 Dear Mr. deHaas: Keys Energy Services (KEYS) has reviewed your request for road abandonment for portion of Ed Swift Road on Big Coppitt Key. KEYS has no objection to the proposed road abandonment as long as one of the following is done: ➢ The customer can leave the pole in its current location and provide KEYS with an easement for all existing utilities and vehicular access to the proposed pole location and down guys. Pole #BC12- 7 -1 -39 can be relocated at the owner's expense; the estimated cost is $7,500. Should the customer choose this option, the work can be completed within 10 to 12 weeks after payment. ➢ If the above option is chosen, please coordinate with Comcast and AT&T to ensure their utilities will be able to be relocated, and obtain proposed charges from them. If you have any questions, please feel free to contact me at 305.295.1055. Sincerely, w Matthew Alfonso Supervisor of Engineering d1,tthgW AlfonsoCa9MEnergy com MA/mpd Copied via electronic mail: L. Tejeda, General Manager & CEO J. Wetzler, Asst. General Manager & CFO D. Finigan, Director of Engineering & Control D. Price, Director of T&D and Electrical A. TeJeda, Director of Customer Services FIe:ENG -013 1 1 . A I EXHIBIT N , E N Q Boundary Survey Map of part of Gov't Lot 2, 5ection 22, Town5hip G7 5outh, Range 2G East to illu5trate legal description authored by the undersigned \ V (NOrthtlry 7horafina of gig Coppilt Kay) Bay of Florida £I 144.67 T.I.I.F. Bead No. 21371 AppaftM Neon High woto, Una OK•n0r. Bloke RusseN 44.77 ` y ncnte l Ome %ol Recoro Book 1649 23 Q0. 71YOp P ages [.BO thru 606 _, Yocont' ' ckar Lo/ 8o 0.4 C oer - " Cu U Zb pN a Y N / N b �m2 i 6 =a � mj,Q e o c •� a Vocant" _O t Maasured t P Yocanf" Pans 01 E / Q o < R .PO»I of CemmsnNnp SE Comer G.W. Lol 3 NO FE: This Survey Mop is not lull and complete without the attached Survey Report. S� a "I oil EXHIBIT D LECE/V,O o pN o Sot 514' Iron Pipe M /cop (619-6) Lo/ 78, Found 112' Iron Rod (286J) � p Q: (M) Maasured (R) �b4° s5•(d Moouured & Record C.B.S. Concrete Block Strucfure i Lo/ 76 Right of W0y �;s• Chan Link Fenco a.er Centarlino QQ Wood Utility Polo NOIC: ifs Emmy Pa1F. Concrete Utility P01e wr2- 1 -1 -39 Im cow 0vorhead U(N(y Ldras ipe Mrnm SNNl W"W Fire ffydmnt S� a "I oil EXHIBIT D LECE/V,O o Found 2' Iron Pipe (Fence Post) o Sot 514' Iron Pipe M /cop (619-6) Found 112' Iron Rod (286J) Found Nail h 0 %c (PTS) p Sol Nail eE Disc (6198) (M) Maasured (R) Record (A4 1R) Moouured & Record C.B.S. Concrete Block Strucfure R1W Right of W0y CLF Chan Link Fenco Centarlino QQ Wood Utility Polo Concrete Utility P01e - P - 0vorhead U(N(y Ldras 0 Fire ffydmnt Sewer Cfeonoul g Water Meter ® Manhole N water VcNe Spot Elevation (Typical) Sheet One of Two Sheets J. LYNN O'FLYNN, Inc Frelrntexl 5urn�o t Yapprr Ps! 3430 puck Ave.. Key Wael. FL 33010 (505) 206 -7422 FAe (3W) 2e6 -2244 Boundary Survey Report of part of Gov't Lot 2, Section 22, Township G7 South, Range 26 bast to illustrate legal description authored by the undersigned NOTES. 1. The legal description shown hereon was authored by the undersigned. 2, Underground foundations and utilities were not located. 3. All angles are 90' (Measured & Record) unless otherwise noted. 4. Street address: Ed Swift Road, Big Coppitt Key, FL. 5. This survey is not valid without the signature and the original raised sea! of a Florida licensed surveyor and mapper. 6, Lends shown hereon were not abstracted for rights -of -ray, easements, ownership, or other instruments of record. 7. Bearings are assumed and based on the W7y R/W line of Ed Swift Road as North - South 6. Date of field work: April 6, 2013. 9. Ownership of fences Is undeterminable, unless otherwise noted. 10. The Survey Report is not full and complete without the attached Survey Uap. 11. The '?Spparent Mean High Water Line' shown hereon does not purport to establish the actual Mean High Water Line for tidal boundary purposes. 12. Elevations are shown in parenthesis and refer to Mean Sea Level, NG VD. 1929 Datum 13. Benchmark utilized: MON 3 BOUNDARY SURVEY OF A parcel of land, being a portion of Ed Swift Road, in a part of Government Lot 2, Section 22, Township 67 South, Range 26 East, on Big Coppitt Key. Monroe County. Florida and being more particularly described as follows: Commencing at the Southeast corner of Government Lot 3, Section 22, Township 67 South, Range 26 East, bear West for a distance of 15 feet to a point; thence bear North for a distance of 1291.20 feet to a point; thence bear Best for a distance of 65 feet; thence beer North for a distance of 106.00 feet to the Point of Beginning; thence continue bearing North along the previously described course and along the Westerly right of way line of Ed Swift Road for a distance of 105.00 feet to the Northerly right of way line of the said Ed Swift Road; thence bear East and along the said Northerly right of way line of the Ed Swift Road for a distance of 23.00 feet to the Northwesterly corner of Lot No. 80, according to a survey of BIG COPP17T TRAILER PARK, Big Coppitt Key, Monroe County, Florida, by C.G. Bailey, Surveyor, dated September 1, 1956; thence beer South and along the Easterly right of way line of Ed Swift Road for a distance of 105.00 feet to the Southwesterly corner of Lot 76 of the said BIG COPPI77 TRAILER PARK; thence bear West for a distance of 23.00 feet back to the Point of Beginning. BOUNDARY SURVEY FOR. Blake Russell Hill; ✓ ,J�Px INC. 1 %%11r�`ll ✓. Lyn, O Flynn, PSM Florida`'' Reg. (f6,296 October 29, 2013 Revised 4 - 21 - 14 to add note THIS SURVEY IS NOT ASSIGNABLE 1 ' Sheet Two of rwo S heets J, LYNN OTLYNN, Inc. A Prol���l 1 Sw em ! Yopplr Jg30 Duck Ave., Key West, FL 33040 11 .6 -7.22 . (706) 706 -3344 P ICTI AR r? 3l<0rC Docb 1928393 ©4/12/2013 2:38PM icK,FT07 Rtcal:ARnNi K1.rrtucic,isQ. Filed 8 Recorded in Official Records of RI(:IIARD \4 Ki rrt:.NwK, P.A. MONROE COUNTY AMY REAVILIN 1009 SINIO \TON STAFFT KEY WEST, FL 33040 305-292 -4101 Ni r NvaiRFR: RE13 015 04/12/2013 2:389M Recoxr.v4G FEE: $27.00 DEED DOC STAMP CL: MT $4,900.00 00C11\1 P, T A RY STAMPS PA I D: 54,900.00 [ dare above this hne lo- rrumAtngdatal _- Docn 1928393 - ... - -- - -- - 8kn 2622 Pq" 2093 % VARRANui D;:'o) THIS WARRANTY DF-ED is made nn this 10, day of April, 2013, between MICHALL W. BAiLR, a married man, INDIVIDLJAL LY and as - tRUSTFE of the 1AICHAEI- W. BAIER DECLARATION of TRUST' dated MAY 18, 2000, whose address is 219 Olivia Street, Kcy \Vest, FL 33040 (hereinafter referral to as 'Grantor'), and BLAKE RUSSELL HILL, a married man, w hose address is 4584 Wood Duck Paint, York, SC 29745 (hereinafter referred to as "Grantee ") used hrrcin ;Fcc urns Grentor' and Grantee' include all the Patties to th;s m:trumert alit] Ow heirs, legal repr;,entauves, and aligns of isJr :itluals, and the cercc : +: +rs and aligns of cnrPorai ions- tnasrs :md ttantres) Witl)e:seth, that said Grantor, €ot and in consideration of the Sum o SEVEN. HUNDRED THOUSAND & 00 /lOd DOLLARS (5700,000.00) and other grK)d and Valuable consideration to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said Grantee, and Grantee's heir, and assigns forev er, the following described land, .situate, lying and being in Monroe County, Florida, with the street address of 80 Ed Swift Road (& adjoining lots & Baybottom.), Bib Coppitt Key, FL 33040, and more particularly described as: 1.07 NO.: 76 ACCORDING 1 A SURVEY OF BIG COPPITT TRAILER PARK, BIG COPPITT KEY, MONROE COUNTY, FLORIDA, BY C.G. BAIL EY, SURVf_l'OR, DATED SEPTEMBER 1, 1958, AND BEING A PARCEL OF ]_AND iN A PART OF GOVFRtvhiFNT LOT 2, SECTION 22, 1 O\Z'NSHIi' 67 SOUTH, RANGE 26 EAST, AND BEING MORE PARTICUL.ARLi' DF.SCRIBFI) AS FOI.I..ObVS: CONCOFNCiNG AT THE SOUTHEAST CORNER OF GOVERNMENT 1.OT 3, SECTION 22, TOWNSHIP 67 SOUTH, RANGE 26 EAST, BEAR EAST FOR A DISTANCE OF 128 FEET TO A POINT; 'THENCE BEAR NORTH FOR A DISTANCE OF 1399.20 FEET TO THE POINT OF BFGINNING OF THE PARCEL OF LAND HERL-INAL TER DESCRIBED, FROivf SAID POINT OF BEGINNING, CONTINUE BEARING NORTH FOR A DISTANCE OF 35 FEET 'TO A POi NT; TL -IENCE BEAR WEST FOR A DISTANCE OF 55 FEET 'i'O A POINT; T HENCE BEAR SOUTH FOR A DISTANCE OF 35 FETT TO A Poi$ "r: - ri IENCF. BEAR FAST FOR A DISTANCE OF 55 FEET, BACK TO THE POINT OF BEGINNING. AND ALSO 1-01478 AND h'80 ACCORDING - FO A SURVEY OF BIG COPPIT T'I RAILER PARK, BIG COPP11T KEY, MONROE COUNTY, FLORIDA, BY CG. BAILEY, SURVEYOR, DATED SFPTEMBL-K 1, 1958, AND BEING A PARCEL OF LAND IN A PART 01' GOVERNMENT LOT 2, SECTION 7.2, TOWNSHIP 67 SOUTH, RANGE 26 EAST AND THE FAST 55" OF THE LANDS DESCRIBED IN'IRLISTFES 01= 111: INTERNAL iMPROVL'MEN - I FUND DEED NO. 22371 AND RECORDED IN OFFICIAL itECORD BOOT: 173 AT PAGE 58 OF THE PUBLIC RECORDS OF MONROL COUNTY, FLORIDA. SAID LOTS' 78 AND E0 PIING MORE PARTICULARLY IiISCRIBI D IN THAT CERTAIN WARRANTY DEED FROM EDITH PAYNE, A WIDOW; MARY MELLON PAYNE CLARK, JOINED BY HER HUSBAND, C..B- CI.ARK, JR., AND RIJEBF.N S. PAYNI: JR., JOINED BY HIS WIFE, ELINOR P. PAYNE, DATED APRIL 7, 1964, FILED FOR RECORD SEPTEMBER 30, 1964 IN OFFICIAL RFCORF: ROOK 122, PAGES 222- -226 OF THE PUBLIC RECORDS OF MONRGE COUNTY, TO -WiT; LOT NO, 78, ACCORDiNG TO A SURVEY OF BIG COPPITT TRAILFR PARK, BIG COPPITT KEY, MONROF COUNTY, FLORIDA, BY C.G. BAILEY, SURVEYOR, DATED SEPTEMBER 1, 1958, AND BEING A PARCEL OF LAND IN A PART OF GOVERNMENT LOT 2, SECTION 22, TO\ \'NSHiP 67 SOUTH, RANGE 26 EAST, AND BEING MORE PARTiCULARLY DESCRIBED AS FOLLOWS: COMMENCING, AT THE SOUTIMAST CORNER OF GOVERNMENT LOT 1, BEAR EAST FOR A DiSTANCE OF 128 FEET TO A POINT; THENCE BEAR NORTH FOR A DISTANCE 01; 1434.20 FEET TO THE POINT OF BEGINNING OF "THE PARCEL. OF LAND HEREINAFTER DESCRFP,ED; FROM SAiD POINT OF BEGINNING, CONTINUE BEARING NORTH FORA DISTANCE OF 35 FEET TO A POINT; TFIENCF BEAR WEST FOR A Dig i OF 55 LEFT TO A POINT; THENCE BEAR SOUTH FOR A DISTANCE: OF 35 FFET TO A POIN , THENCE BEAR FAST FOR A DISTANCE OF 55 FEET, BACK TO TIM POINT OF BEGINNING.. AN ALSO: I.O'T NO. BO, ACCORDING TO A SIJR \'FY OF BIG COPPITT . FRAILER PARK, BIC,, COPPIIT KEY, MONROE COUNTY, FLORIDA, BY C.G. BAILEY, SURVEYOR, DATED SEP7 EMMER 1, 1958, AND BEING A PARCEL OF LAND iN A PANT OF GOVFRNMI ?NIT i_OT 2, SECTION 22, TOWNSHIP 67 SOUTH, RANGE 26 FAST, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENJCiNG AT THE SOUTHEAST CORNER OF GOVERNMENi LOT 3, BEAR EAST FOR A DIS TANCF OF 128 FEET TO A P01NT; THENCE BEAR NORTH FOR A DISTANCE OF 1469.20 I'EE1' 1 "0 THE POINT OF 11, VEn77rusf7'oIRtz EXHIBIT 11 :D P4GrlOF 3 i9 Docg 1926393 Bko 2622 Pgo 2094 BEGINNING OF THE PARCEL. OF LAND HEREINAFTER DESCRIBED; FROM SAID POINT OF BI-- c, I \ \[NG, CONT3NLIT_ BEARING NORTH FOR A DISTANCE OF 35 FF.£T TO A POINT; THENCE BEAR WEST FOR A DISTANCE OF 55 FEET TO A POINT; "THfiNCE BUR SOUTH FOR A DISTANCE OF 35 FELT( TO A POINT; THENCE BEAR T'.AST FOR A DISTANCE OF 55 FE17, BACK TO THE POINT Of: BEGINNING. A PARCEL OF LAND ON BIG COPPITT KEY, AND KNOWN AS A PART OF TRACT B, OF SIMILAR SOUND SECTION A ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, PAGE 126 OF THE PUBLIC RECORDS 01 .MONRO'r. COUNTY, FLORIDA, SAID PARCEL BEING MOR1E PARTICUTARIY DESCRIBE BY `tEETES AND BOUNDS AS FOLLOWS: COMMENCING AT THE SOUTFII:AST CORNER Of' GOA'FItN, )_0T" 3,SECrfON1 22, TOWNSHIP 67 SO(iT1T, RANGE 26 FAST, BEAR DUE FAST FOR A DISTANCE OF 128.00 FEET TO A POINT; THENCE BEAR FORTH AND AT RIGHT ANGLES FOR A DISTANCE OF 1399.20 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND I-IERFINAf° TER DESCRIBED; THENCE 13FAR FAST AND Al R1CAIT ANGLL-S FOR A DISTANCE 01 5.00 FEET TO A POINT; THENCE: BNAR NORTH AND AT RIGHT ANGLES FOR A DISTANCE OF 125 FFFI - , MORE OR LESS TO T'HE N'1._Y LINE OF THE SAID TTRACT 13 AND THE APPROXIMATE SHORELINE OF AN 1~\ BAY AS SHOWN ON SAID PLAT BOOK 3 PAGE 1126; THENCE: BEAR WEST" AND AT RIGHT ANGLES ALONG THE N'LY BOUNDARY LINE: OF THE SAID'MACT" B AND THE SAID APPROXIMATE SHORELINE FOR A DISTANCE OF 5.00 ITET TO THE NW'I_Y CORNER OF THE SAID TRACT B; THENCE BEAR SOUTH AND AT EIGHT ANGLES ALONG THE W'L.Y BOUNDARY LINE_ OF THL SAID TRACT 13 FOR A DISTANCE E OF 125 FEET, MORE.OR LESS, BACK TO "THE POINT OF BEGINNIN LOT A A PARC1=1. OF LAND IN A PART OF GOVERNMENT E_OT" 2, SECTION 22, TOWNSHIP 67 SOUTH, RANGE 20 IAST, ON BIG COPPITT KEY, MONROE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER 01: GOVERNMENT I-O"r 3, St:C:T10N 22, TOWNSHIP 67 SOUTH, RANGE 26 EAST, BEAR WET" FOR A DISTANCE 01: 15 FEET TO A POINT F; THENCE BEAR NORTH FOR A DISTANCE OF 1291.20 FEET" TO A POINT; THENCE 13FAR IErAST FOR A DISTANCE OF 65 E *01 TFTENCE BEAR NORTH FOR A DISTANCE OF 85 FEET TO THE POINT OF BEGINNING; CONTTNUT BEARING NORTH FOR A DISTANCE OF 52.50 FEET TO A POINT; THENCE BEAR WEST FOR A DISTANCE OF 43.70 FEET TO AN EXISTING CANAL; THENCE S 88'54' 32" W FOR A DISTANCE: OF 52.51 FEET; T HENCE AT AN ANGL.F OF 88' 54' 32" TO TE)E RIGHT FOR A DISTANCE OF 44.70 FEI-I BACK 'TO THE POINT 01- BEGINNING. LOT B A PARCEL. OF LAND IN A PART OF GOVERNMENT I.OT 3, AND A PART OF: GOVERNMENT LOT 2, ALL IN SECTEONI 22, TOWNISHIP 67 SOUTH, RANGE 26 EAST, ON 13IG CCN'PITT KEY, %1•IONROI- COUNTY, FLORIDA, AND BEING MORE PAR 1'1CU AR1 -Y DESCRIBED AS FOLLOWS. COMMENCING AT THE SOUTHFAST CORNIER OF GOVERNMENT LOT 3, SECTION 22., TOWNSHIP 67 SOUTH, RANGE 26 FAST, BEAR NEST FOR A DISTANCE OF 15 FEET; THENCE BF-AR NORTH FOR A DISTANCE OF 1291 20 Fi "r0 A POINT; THENCE REAR EAST FOR A DISTANCE OF 65 FEET; TI-IENcF BEAR NORTH FOR A DISTANCE- OF 137.50 FEET TO THE POfNT" OF BFG1NNING; THENCE CONTvS'UEE BEARING NORTH FOR A DISTANCE_ OF 52.50 FEET TO A POINT, *rHE•NCI? BEAR WEST FOR A DISTANCE OF 45.50 FEET TO AN (EXISTING CANAL; Tl IENCE S 8B' 02' 11" W FOR A DISTANCE OF 52.5i FEET; THFNCF AT AN ANGLE: OF 91 57'4 TO THE RIGHT FOR .A 1)►S rA ^ICE OF 43.70 FELT BACK TO THE POINT OF BEGINNI T lili LASTERLY 144,53 FELT OF A PARCH OF LAND AND BAY E(TI - I "OM AS 12ECORDFD IN O.R. BOOK 175, PAGE 3R of- HiB PUBLIC RECORDS OF MONROE COUNTY AS FOLLOWS: A PARCEL OF LAND LOCATED NORTHERLY OF AND ADJACENT TO LOT 29, GULF VIEW SUBDIVISION AS RECORDED IN PLAT 1300K 3, AT PAGE 17, MO:NROE COUNTY OFFICIAL. RECORDS AND THE WESTERLY 1.28 FEL=T OF GOVFRNMFNT LOT 2, SECTION 22, TOWN.S1TIP 67 SOU RANG =E 26 EASE, BIG COPPITF KEY, NIONROE COUNTY. FLORIDA AND IS MORE PARTICULARLY DESCRIBED AS FOH.OWS: BEGIN AT THE NORTHWEST CORNER OF LOT 29 ACCORDING TO SAID PLAT OF GULL: V1LW; "rifT-N(EE :NOR'TEI 140 FE ET, MORE OR LESS, TO A POINT; THENCE NORTH 840 00' I -AST A DISTANCE OF 279.53 FEET TO THE NORTHWEST CORNER Oi "l "f I:1T' GERT:SI\ pAliCliL OI` S1+BMERGP_l) LAND DESCRIBED IN I RUSTEES LLF. DEF'1) NO. 21766; THENCE SOUTH ALONG THE WEST" 1,E:NF OP SAIL) CURTAIN PARCF.1.. OF SLIUMERGf.D LAND A DIST ANC E OF 200 FEE[ TO A POINT IN THE NORTHERLY SHORELINE OF BIG COPPI "I'1' KEY; THENCE WESTERLY ALONG THE MEANDERS OF SAID NORTHERLY SH012EI - INI: A DISTANC1i OF 280 FF.1 1 - , MORF OR LESS, BACK TO THI: NNT OF i31iG1NN•ING PARCEL IDENTIFICATION NU�vfI3l:Il 110121041)- 000]01;A1_l t -f2NA1 E KLY ("AK ") NU.: 1154709; A'4r), PARCEL IDENTIFICATION NI1MBER: 00121300- 000000; AT_TLERNA'i 1: KI -Y ( "AK ") NO.: 1155021;AND, PARCEL IDENTIFiC,ATION NTINIBER: 00121430 - 000000; AL'IEIZ \ATI-- KIsY ( "AK ") NO.: 1155225; ;ANI), FARCfa_ R)I NT "I'1 iC'AT'ION NLJ vlBER; 00J21440- 000000; AI l ERNATli KEY ( "AK ") N0.:11.55233; AM), PARCEI- 113FN'TIFIC.A'ri( ?N NI1;vil31:R 0012103()- 000100;A1_I'1 KEY( "AK ")NO.:8692943; $l,I:,JF.C1 FOCON1)I'f "IONS ANI) RGSi "Rf%T1U \° UT RECORD, sF .'.'i; H01 \'1=.'t'IiR, Tr3iS 1)EE;1) `;F1;AI1 NOT OPERATE P.ti iarc,�L 111 L SA:bi 1: SUBJECT To: Taxis rOr. THl YI.4r•, 201.3 A�I)S( 13sFQ3;euT YI_ ATcs Il4u.k 77rl WI TO Hill PICT 2[>/ - .i (� Doc# 1928393 Situ 2622 Pg# 2095 GnAmT0uNlCH4LLW.BAlER.wxnxAxnrnxr/on'snuco1:rxm IS NO HIS '/oucsrFAo vvn/ox rxt: MEANING er Fomn IN rxFooms mxmw opTue STxTHo+ FmmoA, xnu IS o /n�noocxaroox^mnro):`+uooupncAnpxnpculr.C,x�,";'rnx�msioc.Nc�xxn*owar*AnAnnxea/s S/xrcz We1.FL330*0. Together wiLh it I|the LenoIAou`Ile I-CJiUAmmua in (Ixpyu,amncmdxramhelorig m Aud rhx^ld6mou�e that thc6qMxu!x«I'LIO/xuzu^Jx�N|�"Jm6 jhcConuxkm and lan�|jvd�i-}wsdland cmmy^cWland, t tnGmmmhnrh �hv^momU`, udrws,id|xnJand will 6,|mJd`r same ^0xhmnin)^wk/)JunsvJ all persons xvdUkxc said land is Ireeo( "Um,vmhm.`un. except nocsxominga.bsnnwntwDec rnIxr It, 2012, ind t items |/wrdul�n' III 9/bueouWheceof6unur flits hoevo t-oso6wouoi hand and omldn day and year first alxwe °nuz, 5irmedm�oJunJd�U�"�mmr|��,o ��, / �� �� ����� ��n / Z � �'- ` / V~�/ - ^ ~ �1 4ut it ' N4[(,'HAE-Wxx/ER(M1)/YD`DALLY ( `- Print e TRI JS1 dated MAY 18, 200' 0 5IATL0f �0o�TYnF8ERKSM0E LWS U ' ity personally appcamd loclorc me, an oHicev uu| Lho,izcu h alh known mnu.o,who produced ^~ jdenlific�ltiorl' it) I)e the vmr pe who }x the ooil-a-|(/mv`wd,m,/ma if) (Ile and IT adolowledged w rile dut. K:ueC11udilIC' sarm- freely and voluo:mhkvdnpo \vrr7qcSSmyhxndmclofku^!`w1 *|0`10,. Cmmty A (STA-VIRse\4 X"N "Notary public" Lori A. Pobbins MW-04%31111 Of MaSSL�Chu N ei , _ uovw O R - Doan 2010224 12/2412014 3:27PN Fit 'd d Recorded In Official Records of MONROE COUNTY AMY HEAVILIN Ere„ ar7 ed by and return to True Title Agency, Inc. PO Box 420321 Summerland Key, FL33042 305- 872 -4005 File Number: 2014 -267 parcel Identification No. 00121 SIO- 000000 12/24/2014 3:27Pn DEED DOC STAMP CL: ltrys $875.00 Docq 2010224 Skit 2718 Pgp 161 _ Abow This Line For Recording Datal_ Warranty Deed (STATUTORY FORM • SECTION 669.02, F.S.) This Indenture made this 22nd day of December, 2014 between Melvin Donald Ellington, a single man, flk/a Melvin Donald Jenkins whose post office address is 76 Palm Drive, Key West, FL 33040 of ilia County of Monroe, State of Florida, grantor*, and Blake Russell Hill whose post office address is 4584 Wood Duck Point, York, SC 29745 of the County of York, State of South Carolina, grantee ", Witnesseth, that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS (SI0.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Monroe Comity Florida, to -wit Lot No. 71, according to a survey of BIG COPPITT TRAILER PARK, Big Coppitl Key, Monroe County, Florida, by C.G. Bailey, Surveyor, dated September 1, 1958, and being a parcel of land in a part of Government Lot 3, and part of Government Lot 2, all in Section 22, Township 67 South, Range 26 East, and being more particularly described by metes and bounds as folloo's: COMMENCING at the Southeast corner of Government Lot 3, bear West for a distance of 15 feet to a point; thence bear North for a distance of 1291.20 feet to a point; thence hear East for a distance of 65 feet to a point; thence bear North for n distance of 42.5 feet to the Point of Beginning of the parcel of land hereinafter described, from said Point of Beginning, continue North for a distance of 42.5 reel to a point; thence bear West for a distance of 44.70 feet to a canal; thence bear South along said canal for a distance of 42.5 feet to a point; thence bear Fast for a distance of 47.5 feet back to the Point of Beginning. Subject to taxes for 2014 and subsequent years; covenants, conditions, restrictions, casements, reservations and limitations of record, if any. Together with that certain Mobile Home IDfI 23554203; Year 1954; Make SPARTA; Title k 13141737 and said grantor does hereby fully warrant the title to said land, and will defend the saute against lawful claims of all persons whornsoever. - Grantor' and "Grantee" arc used for sinpular or plural, as context reyu:rrs. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, scaled and delivered in our presence: Witness N to t cZ OZ vin Don`'afdlli n W itness Name: - !2,i GZLk r-- State of Florida County of Monroe The foregoing irutrumcm was acknowledged before me this 21nd ay of December, 2014 by IAclvin Donald L11ington, who `) is personally known or [X) has produced a d river's license 86 Id titica',.n, — (Notary Seal) otary Pub is 1 AICHAADJ.FIELDER MY CCE2CCSION I FF omiI1 EXPIRES: June it. 2017 `r 'J „�'i li¢p 4,pre rvrrgpq P„G,: Unarnmo Primed Name: My Commission L'xpires: MONROE COUNTY DouoloTirney OFFICIAL RECORDS