09/21/2016 AgreementDoc-p 2106270 01/10/2017 12:03P'M
Filed & Recorded in Official Records iof
IMO COUNTY KEVIN MADOK
08 -TE.11 -06/10
This instrument prepared by,
or under the direction of,
Alicia Trujillo, Esq.
District Six Chief Counsel
State of Florida
Department of Transportation
1000 N.W. 111 `h Avenue
Miami, Florida 33172
9/06/2016 - CMF
0*4. -N 21062'10
Bkp 2834 Pgll 731
Parcel No. : 700.1
Item/Segment No.: 413721 -2
Managing District: 6
TEMPORARY EASEMENT
THIS EASEMENT, made thi4* day of G*� , 20 , by and between MONROE
COUNTY, a political subdivision of the State of Florida, Grantor, to the STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION, its successors and assigns, Grantee.
WITNESSETH that for and in consideration of the sum of One Dollar and other valuable considerations,
receipt and sufficiency of which is hereby acknowledged, the Grantor hereby gives, grants, bargains and releases to
the Grantee a temporary easement in, upon, over and through Pigeon Key, as the easement area is further described
below, located in Monroe County, Florida, related to the repair of the Old Seven Mile Bridge (the "Project "). The
temporary easement is granted for access to construction vehicles, equipment and personnel to facilitate work on the
Old Seven Mile Bridge, lying within Pigeon Key, and for the installation of temporary construction structures, such
as scaffolding, and may include the installation of temporary fencing around the construction area. No staging will be
permitted within the Easement Area.
The term of the temporary easement shall be for 12 months commencing from the date that the Grantee or its
contractor begins work on Pigeon Key within the period of July 1, 2017 and August 31, 2021. The Grantee's rights in
and to the Temporary Easement granted herein shall immediately self - terminate, expire and be deemed null and void
upon the earlier of: (a) 12 months from the commencement of such work, or (b) August 31, 2021. At Grantor's
request, Grantee shall provide a notice of termination of easement rights to Grantor.
The easement area is described as an area that is the length of the bridge, 545 feet in length by 44 feet wide
(which corresponds to 23 feet under the bridge (bridge width) plus 10.5 feet on each side of the bridge (10.5 feet to
the north and 10.5 feet to the south of the bridge edges), lying on Pigeon Key, Monroe County, Florida ( "Easement
Area "). The Easement Area is further described in Exhibit "A" attached hereto and made part hereof.
Grantor may reserve the right of use of the Easement Area so long as the same does not in any way interfere
with Grantee's use of such land, consistent with the rights set forth herein. During the effective term of the
Temporary Easement, Grantee shall ensure that two 20 -foot safe passages under the Old Seven Mile Bridge are
provided at all times. In the event that Grantee elects to install temporary fencing around the construction area,
Grantee shall have the exclusive use of such area so long as the temporary fence remains in place. It is understood
and agreed, however that Grantor has a future project on the Pigeon Key ramp; as such, Grantor and Grantee shall
cooperate and coordinate the construction work in or about Pigeon Key ramp in order to avoid an impact on the
construction project schedules of each party.
Grantor's use of the Easement Area shall in no way interfere with Grantee's use of such land, consistent with
the rights set forth herein.
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Grantee shall require its construction contractor to maintain, at all time during the construction to be done
during the term of the Temporary Easement, Commercial General Liability (CGL) insurance providing continuous
coverage for all work or operations performed under the Project contract, in accordance with Grantee's requirements
under the Department's Standards and Specifications for Road and Bridge Construction. Grantee shall cause the
Grantor and the following as additional insured on the referenced insurance policy: the Monroe County Board of
County Commissioners and the Pigeon Key Foundation, Inc.
THIS TEMPORARY EASEMENT is granted upon the condition that any work performed upon the above
described land shall conform to all existing structural improvements within the limits designated, and all work will be
performed in such a manner that the existing structural improvements will not be damaged. Upon completion of the
Project, Grantee agrees, at no cost to Grantor, to ensure that the easement area is restored to the same or better
condition as existed at the effective date of this Temporary Easement and to repair and restore any damage to the
Easement Area, caused as a result of or by the conduct of the Grantee's work therein.
IN WITNES S WHEREOF, the said Grantor has caused these presents to be executed in its name by its Board
of County Commissioners acting by the Mayor of said Board, the day and year aforesaid.
BO F CO Y C/FLORID RS
OF OE CO ,
By:
Mayor/Chairpersoki
STATE OF F� �a
COUNTY OF M e -..-, e
The fore oing instrument was acknowledged before me this t e A& day of
20 , by Fe- -q e N" 41 t , Mayor (or Chairperson), who ersonall mown to me
as irlantificatin
(Signature
W COMIM06810N 6 FF 963819
8 IM: Fdx wry 22.2029
(Type, prinf
Title or rank and serial number, if any:
HR Si.
1 ? =Y
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EXHIBIT "A"
LEGAL DESCRIPTION PARCEL 700:
A strip of land 44 feet in width, lying 22 feet on each side of the Baseline of Survey of the Old
Seven Mile Bridge, as said baseline is depicted on the Florida Department of Transportation Right of
Way Map Section 90030 -2521, last revised July 19, 1977, lying within the boundaries of Pigeon Key,
in the Northwest %4 (N.W. %) of Section 13, Township 66 South, Range 31 East, Monroe County,
Florida; said portion of Baseline being more particularly described as follows:
BEGIN at Station 592 +90.00 of said Baseline of Survey, said point lying on or about the Western
end of a portion of the Old Seven Mile Bridge located at Pigeon Key, Florida and lying on a curve
concave to the Southeast, having a radius of 2,864.79 feet, a chord bearing of N79 °32'29 "E, and a
chord distance of 517.93 feet; thence Northeasterly along the arc of said curve, through a central
angle of 10 °22'22 ", for a distance of 518.64 feet to a point of tangency; thence N 84 °43'40" E for a
distance of 26.36 feet to the POINT OF TERMINATION.
Containing 0.551 Acres, more or less.
GENERAL NOTES:
Reproductions of this map are not valid without the signature and the original raised seal of the
Florida Licensed Surveyor and Mapper in responsible charge.
Lands shown hereon were not abstracted by this office for right of way, easement of record
ownership, abandonments, deed restrictions, or Murphy Act Deeds. This information should be
obtained through appropriate verification.
The Bearings shown hereon are referenced to the Baseline of Survey of the Old Seven Mile
Bridge, having a bearing of N 84 °43'40" W, as shown on the Florida Department of
Transportation Right of Way Map Section 90030 -2521, last revised July 19, 1977.
Additions and /or deletions to survey maps, sketches or reports by any party other than the
signing party are prohibited without the written consent of the signing party.
- This Sketch to Accompany Legal Description is in compliance with the Standards of Practice as
set forth by the Florida Board of Professional Land Surveyors and Mappers, referenced in Rule
51-17 Florida Administrative code pursuant to Section 472 -027, Florida Statues.
This document consists of two (2) sheets
and shall not be considered full, valid,
and complete unless each sheet is attached
to the other, THIS IS NOT A SURVEY
FLORIDA DEPARTMENT OF TRANSPORTATION
SKETCH TO ACCOMPANY LEGAL DESC
STATE ROAD NO. NIA MONROE COUNTY
jY ',ATE >4E,'AP =O 9" rl C, =ttl]n Otv4PIMENt JI
1f✓L �N Illtn aVE4V:
Plain ri ?)t!1
DRAWN CMP 08124,
PCYI51f.N 6v OarE CHECKED I V.M_ 1 08(29/15 1 F.P. NO, 413721 -2
MIA iO41c_
SEE GEE:CRAL A-0TFS ON ',HEFT 1 OF 2
SECTION 90030 1 SHEET 1 OF 2
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f
VICTOR M.
MARRFRO DATE
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA LICENSE NO. 7005
This document consists of two (2) sheets
and shall not be considered full, valid,
and complete unless each sheet is attached
to the other, THIS IS NOT A SURVEY
FLORIDA DEPARTMENT OF TRANSPORTATION
SKETCH TO ACCOMPANY LEGAL DESC
STATE ROAD NO. NIA MONROE COUNTY
jY ',ATE >4E,'AP =O 9" rl C, =ttl]n Otv4PIMENt JI
1f✓L �N Illtn aVE4V:
Plain ri ?)t!1
DRAWN CMP 08124,
PCYI51f.N 6v OarE CHECKED I V.M_ 1 08(29/15 1 F.P. NO, 413721 -2
MIA iO41c_
SEE GEE:CRAL A-0TFS ON ',HEFT 1 OF 2
SECTION 90030 1 SHEET 1 OF 2
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