Loading...
11/22/2016 Easement pocp 2106243 01/10/2017 11:33AIM Filed 8 Recorded in Official Records of _ *1 Florida Keys Aqueduct Authority ( "Authority ") MONROE COUNTY KEVIN MADOK Attn: Joshua W. Peele 1100 Kennedy Drive Key West, FL 33040 pocq 2106243 I3k11 2834 Pgq 654 AGREEMENT AND GRANT OF EASEMENT FOR INSTALLATION AND MAINTENANCE OF ONSITE WASTEWATER NUTRIENT REMOVAL SYSTEM Monroe County Florida , and all co- owners, heirs, successors, grantees, and assigns, ( "Owner ") of the Property at the address of 44800 Overseas Highway , Marathon, Florida 33050, Parcel ID # 00106120- 000000, acknowledges that the Authority intends to furnish and install an onsite wastewater nutrient removal system, effluent disposal well, control panel, appurtenant pipe and electrical apparatus (Facilities) of a type and in a manner approved by the Authority, and meeting State of Florida 2015 mandated treatment standards, in an owner - selected portion of the above - referenced property. Owner agrees to install, own, maintain, repair and replace the sewer lateral from the building connection to the Facilities and the electrical portion of the system from the building circuit panel to the system control panel, and the Authority will install, own, maintain, repair and replace electrical service from the system control panel to the onsite wastewater nutrient removal system, and the onsite wastewater system itself. Owner understands and agrees that the Authority will perform inspections, maintenance and replacement of the Facilities as necessary. Owners, also, understand and agree that the Authority will provide normal maintenance service on the Facilities at no additional charge to the Owners. In order to provide the Authority access to the Facilities, the Owners for and in consideration of the sum of One Dollar ($1.00) and other good and valuable considerations, the receipt of which is hereby acknowledged, does grant, sell and convey an Easement to the Authority, its successors and assigns, under the following terms and conditions: Owner hereby grants to the Authority an easement under, over, across and upon the property described as Lot 1 (Pigeon Key) Z -76, Block NA, in The Official Records of Monroe County in Book NA at Page NA. 1. Upon agreement between Owner and the Authority, easement shall be confined to the Owner - selected location of Facilities, including a work area of five (5) feet, each way, from the Facilities. 2. The Authority, its successors and assigns, shall have the right to construct, reconstruct, lay, install, operate, maintain, relocate, repair, replace, improve, remove, and inspect the Facilities and shall have right of ingress and egress thereto and therefrom over and across the easement area. The Authority shall notify the Owner prior to gaining access, except in emergency conditions. 3. Owner shall furnish and maintain the easement area free of any obstruction and shall not construct, place, or allow the placing or construction of any obstruction which would interfere with: (a) Authority's safe or proper installation, operation, maintenance, inspection, or removal of the Facilities located in the easement area. Owner shall have the right to make any other use of the easement area which does not interfere with the Authority's Facilities. 1 Page Doc 21186243 13k11 2834 PgN 655 4. Any obstruction to the safe or proper operation, maintenance, and inspection of the Facilities thereto, may be removed by the Authority at Owner's expense. The Authority shall notify Owner of any such obstruction prior to any action in this regard and allow Owner time to remove obstruction; except for emergency conditions during which the Authority may require immediate, unobstructed access to the Facilities. 5. Owner shall bear the cost of any relocation or modification of said Facilities when the change is necessitated by Owner's requirements. 6. All covenants, stipulations, terms, conditions, and provisions of the agreement shall extend to and be made binding upon respective successors and assigns of Authority and Owner. It is intended that this Agreement shall be recorded and be binding upon future owners of the above described property. 7. The Owner does hereby state that they have sufficient authority and title to grant this easement. IN WITNESS WHEREOF the undersigned has executed this Agreement and Grant of Easement on this 9eti- day of , 20 17 . W WITNESSES: OWNER(S): 2 (Requires two witnesses) 0 � • z . ---., co o By: By: opt a a. ` igi < o Witness Signature (1) Signature ° w R l Printed Name Printed Name w ri o al B By: 1 Witness Signature (2) Signature �/' a ©r' e� / r ;mot, Printed Name Printed Name «l y1l2 -' a Ile"' Mae•k ", �.1-�. f ff ! I AMvHeA N, Ct,ER1l STATE OF �1 • a COUNTY OF M.-1.-• e i J a • /' sal � � 1 . / LERK The foregoing, instrument was acknowledged before me 1 ∎7 �. , ..� ' ....r.�✓ , 20 ► by Ge-71 i K • ' '�"`1 1- who is ,, . , 0 . v ` ! ow to me or who has/have produced as identification. [NOTARY SEAL] G--7A.,......44/241-14,-....--.....,t--.9 Notary Public, State of MONROE COUNTY OFFICIAL RECORDS I _°�,, � wcp $$,ON #FF Keels ;t • ; p ,a == Bonded rnur+oro.r � P ' �._ a g e , Dccp 21 06242 /10/2017 11:33IM p Florida Keys Aqueduct Authority ( "Authority ") MONROE R,^ 101 KE V IN MADOK cords . Attn: Joshua W. Peele 1100 Kennedy Drive Key West, FL 33040 coup 2106242 Bkp 2834 Pgp 652 AGREEMENT AND GRANT OF EASEMENT FOR INSTALLATION AND MAINTENANCE OF ONSITE WASTEWATER NUTRIENT REMOVAL SYSTEM Monroe County Florida , and all co- owners, heirs, successors, grantees, and assigns, ( "Owner ") of the Property at the address of 39900 Overseas Highway , Little Duck Key, Florida 33050, Parcel ID # 00106160- 000000, acknowledges that the Authority intends to furnish and install an onsite wastewater nutrient removal system, effluent disposal well, control panel, appurtenant pipe and electrical apparatus (Facilities) of a type and in a manner approved by the Authority, and meeting State of Florida 2015 mandated treatment standards, in an owner - selected portion of the above - referenced property. Owner agrees to install, own, maintain, repair and replace the sewer lateral from the building connection to the Facilities and the electrical portion of the system from the building circuit panel to the system control panel, and the Authority will install, own, maintain, repair and replace electrical service from the system control panel to the onsite wastewater nutrient removal system, and the onsite wastewater system itself. Owner understands and agrees that the Authority will perform inspections, maintenance and replacement of the Facilities as necessary. Owners, also, understand and agree that the Authority will provide normal maintenance service on the Facilities at no additional charge to the Owners. In order to provide the Authority access to the Facilities, the Owners for and in consideration of the sum of One Dollar ($1.00) and other good and valuable considerations, the receipt of which is hereby acknowledged, does grant, sell and convey an Easement to the Authority, its successors and assigns, under the following terms and conditions: Owner hereby grants to the Authority an easement under, over, across and upon the property described as Lot 1, Block NA, in The Official Records of Monroe County in Book NA at Page NA. 1. Upon agreement between Owner and the Authority, easement shall be confined to the Owner- selected location of Facilities, including a work area of five (5) feet, each way, from the Facilities. 2. The Authority, its successors and assigns, shall have the right to construct, reconstruct, lay, install, operate, maintain, relocate, repair, replace, improve, remove, and inspect the Facilities and shall have right of ingress and egress thereto and therefrom over and across the easement area. The Authority shall notify the Owner prior to gaining access, except in emergency conditions. 3. Owner shall furnish and maintain the easement area free of any obstruction and shall not construct, place, or allow the placing or construction of any obstruction which would interfere with: (a) Authority's safe or proper installation, operation, maintenance, inspection, or removal of the Facilities located in the easement area. Owner shall have the right to make any other use of the easement area which does not interfere with the Authority's Facilities. 1 IPag e Doers 2106242 Bkt* 2834 Pgp 653 4. Any obstruction to the safe or proper operation, maintenance, and inspection of the Facilities thereto, may be removed by the Authority at Owner's expense. The Authority shall notify Owner of any such obstruction prior to any action in this regard and allow Owner time to remove obstruction; except for emergency conditions during which the Authority may require immediate, unobstructed access to the Facilities. 5. Owner shall bear the cost of any relocation or modification of said Facilities when the change is necessitated by Owner's requirements. 6. All covenants, stipulations, terms, conditions, and provisions of the agreement shall extend to and be made binding upon respective successors and assigns of Authority and Owner. It is intended that this Agreement shall be recorded and be binding upon future owners of the above described property. 7. The Owner does hereby state that they have sufficient authority and title to grant this easement. IN WITNESS WHEREOF the undersigned has executed this Agreement and Grant of Easement on this y ti, day of ?,..... 20 17 . W U WITNESSES: OWNER(S): o (Requires two witnesses) P _` E By: B ¢� . Witness Signature (1) Signature W v V n a Q V Printed Name Printed Name 0 z B y: By: i t / �fd /, Witness Signature (2) Signature ' 6 e r'a`,[, e-e.9.90 Printed Name Printed IQame is/ . t• & L. a °ce H"4""1 u `"J-` STATE OF F - 1 j 0 10....i.: , HEAVIUN, CLERK COUNTY OF e. r. :t CLERK The foregoing instrument was acknowledged before , - jj= of 20 I7 by e•�Je. R • /14° -"2 0 -` 1 1- w" . :., �-% .. ally w to me or- who-- hasthave produced as identifica • . [NOTARY SEAL] � MONROE COUNTY Notary Public, State of OFFICIAL RECORDS �; t !, PAMELA G. HANCOCK �°•Y , MY COMMON 1 FF 969818 k. EXPIRES: F.bn+iry 22.2020 7. , e Sd *MN Nay enrt Pu063 Und" Page