Perpetual Easement 03/18/2015A" X
County of Monroe
The Florida Keys
MEMORANDUM
PUBLIC WORKS & ENGINEERING
DATE: May 21, 2015
BOARD OF COUNTY COMMISSIONERS
Mayor Sylvia J. Murphy, District 5
Mayor Pro Tern, Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
David Rice, District 4
TO: Maureen O'Brien, Assistant Finance Director
Monroe County Clerk's Office
FROM: Pamela G. Hanc c
Executive Assis nt
SUBJECT: Perpetual Easement
.Enclosed is the recorded Perpetual Easement for Public Purpose that was approved at the March 18,
2015, Item C31, for the purpose of constructing a pedestrian bridge over Marvin Adams Cut as a part of the
US 1 Bayside Shared Use Path Project (MM 103, Key Largo). Please maintain for the record.
Should you have any questions, please feel free to contact me at 4529. Thank you.
cc: Clerk Administration
Enclosure (1)
nmulp_
Doc# 2025734 04/23/2015 2:06PM
Filed d Recorded in Official Records of
MONROE COUNTY AMY HEAVILIN
This instrument prepared by,
or under the direction of,
Alicia Trujillo, Esq. a,
District Chief Counsel
Florida Department of Transportation
1000 N.W. 111 th Avenue
Miami, Florida 33172
Doc# 2025734
Bk# 2736 Pg# 1955
Item /Seg No.: 434689 -1
Sec /Job No.
90060
SR No.:
5 (US1)
County:
Monroe
Parcel No.:
5675
PERPETUAL EASEMENT
Public Purpose
THIS EASEMENT made this `-d ay of , 2015, by the
STATE OF FLORIDA DEPARTMENT NS OF TRA ORTATION ( "Department "), Grantor, to
MONROE COUNTY ( "Grantee "), a political subdivision of the State of Florida, Grantee.
WHEREAS, the Department and the County have entered into a LAP Agreement (FM #
434689- 1- 58 -01) for the U.S. 1- Bayside Shared Use Path, Pedestrian Bridge Over Marvin D.
Adams Waterway in Key Largo, Florida; and
WHEREAS, the Department has recommended a perpetual easement be granted to the
County for the right -of -way over which the Facility will be constructed; and
NOW THEREFORE, the Department has agreed to grant to the County, its successors
and assigns, for no consideration, a perpetual easement purposes of constructing, operating and
maintaining a pedestrian bridge (the "Facility ") over the following described land (the "Easement
Area ") in MONROE County, Florida:
See Exhibit "A" attached hereto and made a part hereof
Subject, however, to the following conditions:
THAT this Easement is solely for the purpose of constructing, operating and maintaining a
pedestrian bridge and no other uses of the Easement Area are permitted.
THAT the Grantor reserves the right to enter upon, across, under and over the Easement
Area, if needed, for the purposes of inspecting, maintaining and repairing the Grantor's
adjacent bridge over Marvin D. Waterways; and
THAT Grantor's use of the land subject to this easement shall not unreasonably interfere
with Grantee's use of such land as set forth herein; and
Page 1 of 4
DocU 2025734
Bka 2736 Pga 1956
Item /Seg No.: 434689 -1
Sec /Job No.:
90060
SR No.:
5 (US1)
County:
Monroe
Parcel No.:
5675
THAT in the event Grantee's transportation use is permanently discontinued or abandoned,
Grantee's easement shall terminate, and title to the above described property shall
immediately revert to the Grantor, and it shall have the right to immediately possess same.
In the event Grantee's easement terminates and Grantor deems it necessary to request
the removal of the Facility occupying the Easement Area, Grantee shall remove the Facility
and restore the Easement Area to a like or similar condition as existed prior to this
Easement, at its sole cost and expense; and
THAT Grantee shall not obstruct the State right -of -way located immediately underneath
the Easement Area, except as may be required temporarily from time to time to effect the
construction, inspections, maintenance, repairs, improvements and replacement of the
Facility. Any such work is subject to formal approval and permit by Grantor. Grantee shall
promptly repair any damage to the Grantor's right -of -way, resulting from Grantee's
exercising its rights hereunder; and
THAT Grantee will indemnify and hold Grantor harmless from any and all damages and /or
liability, claims, demand, actions and /or suits of any nature arising out of, relating to, or
resulting from any negligent or wrongful act(s) of Grantee's employees, agents,
subcontractors and contractors, or instrumentalities, acting within the scope of their office
or employment, in connection with the rights granted to or exercised by Grantee hereunder,
to the extent and within the limitations of Section 768.28, Florida Statutes;
However, nothing herein shall be deemed to indemnify Grantor from any liability or claim
arising out of the negligent performance or failure of performance of Grantor.
During construction, Grantee shall cause its construction contractor(s) to maintain
comprehensive general liability insurance providing for a limit of amount of not less than
$1,000,000 for all damages arising out of bodily injuries to, or death of, one person and,
subject to that limit for each person, a total limit of $5,000,000 for all damages arising out
of bodily injuries to, or death of, two or more persons in any one occurrence; and regular
Contractors' Property Damage Liability Insurance providing for a limit of not less than
$50,000 for all damages arising out of injury to, or destruction of, property in any one
occurrence and, subject to that limit per occurrence, a total (or aggregate) limit of $100,000
for all damages arising out of injury to, or destruction of, property during the policy period
is carried. Grantor shall be named as Additional Insured in all such policies and Grantee
will provide a current copy of such insurance certificate to Grantor.
THAT this Easement is subject to all applicable permit requirements and any other required
agreements or approvals, and concurrences.
Page 2 of 4
Doep 2025734
Bkp 2736 Pgq 1957
Item /Seg No.: 434689 -1
Sec /Job No.:
90060
SR No.:
5 (US1)
County:
Monroe
Parcel No.:
5675
THAT the Easement is granted pursuant to Resolution No. 102 -2015 passed and adopted
by the Monroe Board of County Commissioners of the Monroe County Florida on March
18th, 2015, a copy of which is attached herewith and forms part thereof;
THAT the provisions of this Easement may be enforced by all appropriate actions at law
and in equity by the respective parties.
THAT Grantor makes no representations as to the title or condition of the property within
the Easement Area or the suitability of the Easement Area property for the use intended
hereunder.
The rights and obligations of the parties shall inure to the benefit of and be binding upon
their respective successors and assigns.
This instrument may be amended or modified only by written instrument, executed and
acknowledged by the parties hereto or their successors and assigns, and recorded in the Public
Records of Monroe County.
THE REST OF THIS PAGE LEFT BLANK INTENTIONALLY
Page 3of4
Doc# 2025734
Bkp 2736 PqN
1958
Item /Seg No.:
434689 -1
Sec /Job No.:
90060
SR No.:
5 (US1)
County:
Monroe
Parcel No.:
5675
IN WITNESS WHEREOF, the State of Florida Department of Transportation has caused
these presents to be signed in the name of the State of Florida and the State of Florida Department
of Transportation by its District Secretary, District Six and its seal to be hereunto affixed,
attested by its Executive Secretary, on the date first above written.
Witness:
(print name) � � � ►� �,�
Witness:
(print nam ): /nlFu�
(Affix Department Seal)
STATE OF FLORIDA
DEPARTM NT OF TRANSPORTATION
By:
(print na e ' (tug Pe go, P.E.
District Six Secretary
J
Attest:
(print name):
L xecuiive Secrets
LEGAL REVIEW:
Alicia Trujillo, Esq.
District Chief Counsel
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this
Ali-
& day of 4 v L ,
2015 by Gus Pego, District Secretary for District Six, FDOT, who is personally known to me, or
has produced kCnc:Lk-xl as identification.
tiler P ~ ii WAA CAST
WWr rye " $M ' e1 H W Nota i nd for the Count and State
• My Coen. Emoku JW 22.301 y
CWA*W n 0 EE 867M as mentioned above
•. ; a IIr•. y yam. ��.
IIINII � T WN0 y �r AW.
ix 19 OTaFY S — My Commission Expires: CA I ZZ I r
Page 4of4
Doen 2025734
EXHIBIT "All Bka 2736 Pg# 1959
LEGAL DESCRIPTION FOR PARCEL 5675
LEGAL DESCRIPTION:
A portion of land lying within the Florida Department of Transportation, State Road 5 (Overseas Highway) Right of
Way, over the Marvin D. Adams Waterway (also known as Adams Cut), also being a portion of Section 14, Township
61 South, Range 39 East, Monroe County, Florida, being more particularly described as follows:
Commence at the Southerly corner of Tract "A ", "Cross Key Waterway Estates Section Two ", according to the Plat
thereof, as Recorded in Plat Book 6, at Page 60, of the Public Records of Monroe County, Florida; thence North
37 0 10'06" East along the Southeasterly line and the Northerly prolongation of said line of said Tract "A" for a
distance of 1,573.07 feet to the point of intersection with the centerline of Churchill Downs; thence South
52 °49'54 "East along said centerline of Churchill Downs for a distance of 120.00 feet to the point of intersection with
the baseline of survey for S.R.5 (Overseas Highway) as shown on Florida Department of Transportation Right of Way
Specific Purpose Survey Map for State Road 5, Section 90060, Sheet 117 of 148, said point having a station of
1003 +38.97, as shown on said map; thence along said baseline of survey for the following two(2) courses: 1)
thence North 37'10'06" East for a distance of 208.14 feet; 2) thence N37 °09'56 "E for a distance of 73.80 feet;
thence departing said baseline North 52 °50'04" West for a distance of 33.36 feet to the POINT OF BEGINNING;
thence continue North 52 °50'04" West for a distance of 11.58 feet; thence North 37 °09'56" East for a distance of
145.60 feet; thence South 52 °50'04" East for a distance of 11.58 feet; thence South 37 0 09'56" West for a distance
of 145.60 feet to the POINT OF BEGINNING.
Containing 1,686 square feet more or less.
SURVEYOR'S NOTES:
THE BEARINGS SHOWN HEREON ARE REFERENCED TO THE NORTH AMERICAN DATUM OF 1983.
A BEARING OF N37 °10'06 "E WAS ESTABLISHED ALONG THE BASELINE OF SURVEY OF SR -5 / OVERSEAS HIGHWAY.
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 DOCUMENT CONSISTS OF THREE(3) SHEETS AND SHALL NOT BE CONSIDERED FULL, VALID, AND COMPLETE
UNLESS EACH SHEET IS ATTACHED TO THE OTHER.
NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER.
THIS SKETCH TO ACCOMPANY LEGAL DESCRIPTION IS IN COMPLIANCE WITH THE MINIMUM TECHNICAL STANDARDS AS
SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS, REFERENCED IN RULE 5J -17 FLORIDA
ADMINISTRATIVE CODE PURSUANT TO SECTIONS 472.027, FLORIDA STATUES.
LEGEND:
a.k.a.
ALSO KNOWN AS
SEC.
SECTION
TWP.
TOWNSHIP
RGE.
RANGE
R/W
RIGHT OF WAY
P. B.
PLAT BOOK
PG.
PAGE
P.O.C.
POINT OF COMMENCEMENT
P.O.B.
POINT OF BEGINNING
CENTER LINE
EXIST.
EXISITING
q
BASELINE
LB.
LICENSED BUSINESS
SQ.FT.
SQUARE FEET
S.R.
STATE ROAD
LINE TYPES:
i EXISTING LIMITED ACCESS RIGHT -OF -WAY LINE
EXISTING RIGHT -OF -WAY LINE
MLO UE L G. VERA 1R.
OFESSIONAL LAND SURVEYOR
RIDA CERTIFICATE NG. 5291
LICENSED BUSINESS: LB -2439
13960 SW 47th STREET
MIAMI, FL 33175
42- Z/ 6
DATE
NOT A SURVEY
FLORIDA DEPARTMENT OF TRANSPORTATION
SPECIFIC PURPOSE SURVEY - NOT A FIELD SURVEY
STATE ROAD NO. 5 MONROE COUNTY
BY DATE PREPARED BY: DATA SOURCE:
M.G. VERA & ASSOC., INC., LB 2439 SEE SURVEYOR'S NOTES
DRAWN C.E.A. 12 -14 13960 SW 47 ST. MIAMI, FL 33175
REVISION BY DATE CHECKED M.G.V. 12 -14 F.P. NO. 434689- 1 -58 -01 SECTION 90060 SHEET 01 OF 03