Resolution 102-2015RESOLUTION NO. 102 -2015
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,
FLORIDA, REQUESTING THAT THE FLORIDA
DEPARTMENT OF TRANSPORTATION (FDOT)
CONVEY A PERPETUAL EASEMENT TO
MONROE COUNTY FOR THE PUBLIC
PURPOSE USE OF CONSTRUCTING A
PEDESTRIAN BRIDGE OVER MARVIN D.
ADAMS WATERWAY IN KEY LARGO.
WHEREAS, the COUNTY is designing and constructing a pedestrian bridge on
the FDOT right of way over Marvin D. Adams Waterway as part of the US Bayside
Shared Use Path Project; and
WHEREAS, the FDOT has agreed that the COUNTY will have jurisdiction over
and maintain the pedestrian bridge # 909001, hereinafter referred to as the `PROJECT',
the boundaries of which are outlined in the attached Exhibit "A ", `Legal Description',
which is herein incorporated by reference; and
WHEREAS, the COUNTY has agreed to supervise and inspect all aspects of
PROJECT construction and administration; and
WHEREAS, FDOT will convey the easement at no cost to Monroe County if the
easement is used for public purposes; and
WHEREAS, the parties are authorized to enter into this Agreement pursuant to
Section 339.08(e) and 339.12, Florida Statutes (F.S.);
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Monroe County, Florida, that:
SECTION l: The Board of County Commissioners requests that the FDOT
convey an easement for the parcel described in Exhibit A to Monroe County
for the purposes of construction, operation and maintenance of the pedestrian
bridge, and hereby authorizes the County Mayor to execute this Resolution on
behalf of Monroe County, with the right to exercise all provisions contained
within the perpetual easement.
SECTION 2: Upon execution, this Resolution shall be effective upon approval
and conveyed to the FDOT to be made a part of the Perpetual Easement
Agreement.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting of said board on the 18 day of March, A.D.,
2015.
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Mayor Danny Kolhage Yes
Mayor Pro Tem Heather Carruthers Yes
Commissioner David Rice Yes
Commissioner George Neugent Yes
commissioner Sylvia Murphy YPc
Heavlin, Clerk
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Deputy Clerk
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
MAllor/GArperson
O C hiA u` a� 14
CHRISTINE- AHIROW
ASS'S iof-11 Y
Date
d 1 1 ititinj 308NOW
g h :6 wV S 1 8jV 5101
080338 803 03113
EXHIBIT " A "
LEGAL DESCRIPTION FOR PARCEL 800
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
N37 °10'06 "E 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
S52 °49'54 "E 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 N37 °10'06 °E FOR A DISTANCE OF 208.14 FEET; 2) THENCE N37 °09'56 "E FOR A
DISTANCE OF 73.80 FEET; THENCE DEPARTING SAID BASELINE N52 0 50'04 "W FOR A DISTANCE OF 33.36 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUE N52 °50'04 "W FOR A DISTANCE OF 11.58 FEET; THENCE N37 0 09'56 "E FOR A DISTANCE OF 145.60
FEET; THENCE S52 °50'04 "E FOR A DISTANCE OF 11.58 FEET; THENCE S37 °09'56 "W 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 51 -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
4
- CENTER LINE
EXIST.
- EXISITING
k
- BASELINE
LB.
- LICENSED BUSINESS
SQ.FT.
- SQUARE FEET
S.R.
- STATE ROAD
LINE TYPES:
—ot 0 ol— EXISTING LIMITED ACCESS RIGHT -OF -WAY LINE
- -- - EXISTING RIGHT -OF -WAY LINE
MA EL G. VERA 'A'. �� =: DATE
PROFESSIONAL L.AN¢ SURVEYOR
FLORIDA CERTIFICATE : NO.'�'291
LICENSED BUSINESS:`O -- 4 ,39
13960 SW 47th STREET
MIAMI, FL 33175
NOT A SURVEY
FLORIDA DEPARTMENT OF TRANSPORTATION
SPECIFIC PURPOSE SURVEY - NOT A FIELD SURVEY
STATE ROAD NO. 5 MONROE COUNTY
BY
DATE
PREPARED'
M.G. VERA & ASSOC., INC, LB 1439
3 0 SW 7 WMI FL 3 75
[U1TA SOURCE:
SEE SURVEYOR'S NOTES
DRAWN
CHECKED
C.E.A.
M.G.V.
12 -14
12 -14
F.P. NO. 434689- 1 -52 -01 SECTION 90060
SHEET 01 OF 01
REVLSION
eY
DATE
SEC. 14, EXHIBIT " A "
TWP. 61 S ., SKETCH TO ACCOMPANY LEGAL
RGE. 39 E.
FOR PARCEL 800
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CROSS KEY WATERWAY o
ESTATES
SECTION TWO
P. B. 6 - PG. 60
TRACT "B" ! _ 120'
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P.O.B.
N52 0 50'04 "W
33.36'
-- - -� S52 0 49'54 "E
N CHURCHILL DOW 120.00'
N STA1003 +38.97
CROSS KEY �-
WATERWAY ESTATES
SECTION TWO a L i.
P.B. 6 - PG. 60 w
TRACT "A" ° U ,
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DESCRIPTION
800
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Scale: 1' = 80'
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 11 111 11 INC.. 12431 SEE SURVEYOR'S NOTES
12 -14 13960 SW 47 5T. MIAMI FL 33175
12 -14 F.P. NO. 434689- 1 -52 -01 SECTION 90060 SHEET 02 OF 03
DRAWN
C.E.A.
REVISION
BY
DATE
CHECKED
N.G.V.
SEC. 14, EXHIBIT "A"
TWP. 61 S., SKETCH TO ACCOMPANY LEGAL DESCRIPTION
RG E. 39 E.
FOR PARCEL 800 - DETAIL
(NOT TO SCALES
552 0 50'04 "E
11.58'
+66.51 / 1 1
- -,+66.51
44.94 LT
33.36 LT
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800
STATE ROAD ,NO. 5 MONROE COUNTY
a
a
DATE
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1.91 !
+20.91
N52 0 50'04 "W
11.58'
P.O. B.
NOT A SURVEY
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FLORIDA DEPARTMENT OF TRANSPORTATION
SPECIFIC PURPOSE SURVEY - NOT A FIELD SURVEY
STATE ROAD ,NO. 5 MONROE COUNTY
BY
DATE
PREPARED 9T:
M.G. VERA & ASSOC., INC.. LB 2439
6 iAMI FL 33175
DATA SOURCE:
SEE SURVEYOR'S NOTES
DRAWN
C.E.A.
12 -14
4
F.P. NO. 434689- 1 -52 -01 SECTION 90060
SHEET 03 OF j
REIRS ION
6v
DATE
CHECKED
M.G.V.
12 -14
This instrument prepared by,
or under the direction of,
Alicia Trujillo, Esq.
District Chief Counsel
Florida Department of Transportation
1000 N.W. 111 Avenue
Miami, Florida 33172
Item /Seg No.: 434689 -1
Sec /Job No.
90060
SR No.:
5 (US1)
County:
Monroe
Parcel No.:
800
PERPETUAL EASEMENT
Public Purpose
THIS EASEMENT made this day of , 2015, by the
STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, Grantor, to MONROE
COUNTY, a political subdivision of the State of Florida, Grantee:
WITNESSETH: That the Grantor for no consideration, hereby unto the Grantee,
its successors and assigns, 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 heretdand mad&a part hereof
TO HAVE AND TO HOLD the said >premises unto the Grantee, subject, however, to the
following conditions. _ v
THAT this easement is sole
a pedestrian bridge and no
use of the land subject to tl
such land consistent with 6
THAT in the event said tra
Grantee's :. easement shall
immediately revert to the
same. In the event Grante(
request the removal of the
the Facility and restore the I
this Easement, at its sole cc
ly for the purpose of constructing, operating and maintaining
other uses of the Easement Area are permitted. Grantor's
his easement shall in no way interfere with Grantee's use of
�rights set forth herein.
nsportation use is permanently discontinued or abandoned,
terminate, and title to the above described property shall
grantor,', and it shall have the right to immediately possess
is easement terminates and Grantor deems it necessary to
Facility occupying the Easement Area, Grantee shall remove
asement Area to a like or similar condition as existed prior to
st and expense.
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.
Page 1 of 4
Item /Seg No.: 434689 -1
Sec /Job No.:
90060
SR No.:
5 (US1)
County:
Monroe
Parcel No.:
800
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.
THAT the Easement is granted pursuant to Resolution No. _
the Monroe Board of County Commissioners of the Monroe
copy of which is attached herewith and forms part thereof;
THAT the provisions of this Easement may be enforced by all
and in equity by the respective parties.
passed by
County Florida records, a
appropriate actions at law
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.
Page 2of4
Item /Seg No.: 434689 -1
Sec /Job No.:
90060
SR No.:
5 (US1)
County:
Monroe
Parcel No.:
800
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.
IN WITNESS WHEREOF, the said grantor has caused these presents to be executed in
its name by its proper officers thereunto duly authorized, the day and year first above written.
STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION
By:
Gus Pego, P.E.
District Secretary
Aff ix DepE
A
Executive Secretary
Name/Title
State of Florida
County of Miami -Dade
Page 3of4
LEGAL REVIEW:
Alicia Trujillo
District Chief Counsel
Item /Seg No.: 434689 -1
Sec /Job No.:
90060
SR No.:
5 (US1)
County:
Monroe
Parcel No.:
800
The foregoing instrument was acknowledged before me this day of
2015 by Gus Pego, District Secretary for District Six, FDOT, who is personally known to me, or
has produced as identification.
(Aff ix Notary Seal)
Notary Public in and for the County and State
as mentioned above
My Commission Expires
Page 4 of 4