Item P5C ounty of M onroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
The FlOnda Key
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Mayor Pro Tem Sylvia J. Murphy, District 5
Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
County Commission Meeting
July 18, 2018
Agenda Item Number: P.5
Agenda Item Summary #4369
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper (305) 289 -2506
3:00 P.M. PUBLIC HEARING
AGENDA ITEM WORDING: Approval of a resolution renouncing and disclaiming any right of
the County and the public in and to a portion of the right -of -way of Big Pine Street, as shown on the
plat of Big Pine Shores, Plat Book 5, Page 20, bounded on the north by Block 1, Lot 8, Big Pine
Shores P135 -20; bounded on the west by Big Pine Street; bounded on the south by the southern
platted boundary of Big Pine Street according to the plat of Big Pine Shores P135 -20; and bounded
on the east by the platted boundary of Big Pine Street according to the plat of Big Pine Shores; Big
Pine Key, Monroe County, Florida.
ITEM BACKGROUND:
The Applicants, George F. Sherko and Lynda K. Sherko, his wife, have requested abandonment of a
portion of the right -of -way at the East end of Big Pine Street, BIG PINE SHORES, according to the
Plat thereof as recorded in Plat Book 5, Page 20, of the public records of Monroe County, Florida,
adjacent to Lot 8, Block 1 of the aforementioned plat.
The Applicants have made the request in order to utilize the east end of Big Pine Street as part of
their property located at 29577 Big Pine Street, Big Pine Key. The applicants state that the subject
area has never been paved or maintained by the County, and is surrounded by mangrove on the east
and south. The petitioners request a portion of the right -of -way of Big Pine Street, approximately
3,385 square feet in area, located along the south side of the applicant's property, be vacated to unify
the petitioner's property.
The applicants have provided written agreements to grant an easement to the Florida Keys Aqueduct
Authority, the Utility Board of the City of Key West, and Keys Energy for public utility purposes,
in, under, over and across the herein requested ROW abandonment land in the management,
operation, maintenance, extension, construction and improvement.
PREVIOUS RELEVANT BOCC ACTION:
June 20, 2018- Approval of a resolution setting the public hearing for July 18, 2018
CONTRACT /AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Resolution No. -2018.
Staff Report
2016 -144 FILE
Exhibit I- Utility Easement Agreements
Exhibit II- Turnaround Agreement
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing:
Grant:
County Match:
Insurance Required:
Additional Details:
If yes, amount:
REVIEWED BY:
Emily Schemper
Completed
Assistant County Administrator Christine
Hurley
06/26/2018 4:20 PM
Steve Williams
Completed
Jaclyn Carnago
Completed
Budget and Finance
Completed
Maria Slavik
Completed
Kathy Peters
Completed
Board of County Commissioners
Pending
06/26/2018 3:06 PM
Completed
06/29/2018 9:52 AM
07/02/2018 2:59 PM
07/02/2018 5:06 PM
07/03/2018 7:28 AM
07/03/2018 6:29 PM
07/18/2018 9:00 AM
Petitioner: George & Linda sherko
RESOLUTION NO, -2018
A RESOLUTION OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS RENOUNCING AND
DISCLAIMING ANY RIGHT OF THE COUNTY AND PUBLIC
IN AND TO THAT PORTION OF THE RIGHT -OF -WAY AT
THE EAST END OF BIG PINE STREET, BIG PINE SHORES,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 5, PAGE 20, OF THE PUBLIC RECORDS OF
MONROE COUNTY, ADJACENT TO LOT 8, BLOCK I OF
THE AFOREMENTIONED PLAT.
WHEREAS, an application was filed by Mr. and Mrs. Sherko, to abandon a portion of
the right of way at the East end of Big Pine Street, Big Pine Shores, according to the Plat thereof
recorded in PIat Book 5, Page 20, of the Public Records of Monroe County, Florida, adjacent to
Lot 8, Block 1, of the aforementioned Plat; 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, under Chapter 336, Florida Statutes, it is necessary to hold a public hearing
after publishing due notice of said hearing in accordance with said Chapter; 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
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT IT HEREBY
1. Renounces and disclaim any right of the County and public in and to the
following described right of way, streets, alley -ways, roads, or highways as delineated on the
hereinafter described map or plat, to -wit:
A PORTION OF THE P UBLIC RIGHT OF WAY DESCRIBED AS:
"A PORTION OF BIG PINE STREET, BEING A 25 FOOT RIGHT OF WAY TOTAL
ACCORDING THE PLAT OF BIG PINE SHORES, AS RECORDED IN PLAT BOOK 5, PAGE
File # 20I6 -144 Page 1 of 2
20 OF THE PUBLIC RECORDS OFMONROE COUNTY, FLORIDA, LYING SOUTH OF AND
ADJACENT TO LOT 8, BLOCK I OF SAID PLAT OF BIG PINE SHORES, AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGIN AT THE SOUTHWEST CORNER OF LOT 8, BLOCK 1 OF SAID BIG PINE SHORES
SUBDIVISION, THENCE BEAR EAST 134 FEET MORE OR LESS TO A POINT ON THE
PLATTED SHORELINE OF BLOCK 1; THENCE MEANDER SAID PLATTED SHORELINE IN
A SOUTHEASTERLY DIRECTION 29 FEET MORE OR LESS TO A POWT ON THE SOUTH
LINE OF SAID PLAT, THENCE BEAR WEST FOR A DISTANCE OF 149 FEET MORE OR
LESS TO A POINT, SAID POINT BEING THE INTERSECTION WITH THE SOUTHERLY
PROJECTION OF THE WEST BOUNDARY LINE OF THE SAID LOT 8; THENCE BEAR
N00 FOR A DISTANCE OF 25.00 FEET BACK TO THE POINT OF BEGINNING.
CONTAINS 3,585 SQ. FT. MORE OR LESS. "
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting of the Board held on the 18 day of July 2018.
Mayor David Rice
Mayor Pro Tern Sylvia J. Murphy
Commissioner Danny L. Kolhage
Commissioner George Neugent
Commissioner Heather Carruthers
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
(SEAL) Mayor David Rice
ATTEST: KEVIN MADDOK, CLERK
By
Deputy Clerk
MON OE COUNTY ATF NEY
A y A AS i19M:,
T', WILLIAUS
ASS IS'i'AN Y Gy?U- ICY ATTORNEY
D.gtr `_. 7 f 1 R'
File 9 2016 -144 Page 2 of 2
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�Yrf P
MEMORANDUM
Monroe County Planning & Environmental Resources Department
We strive to be caring, professional, and fair
To: Monroe County Board of County Commissioners
Through: Christine Hurley, Assistant County Administrator
From: Emily Schemper, Sr. Director of Planning & Environmental Resources
Date: May 29, 2018
Subject: A public hearing to consider a request by George and Lynda Sherko, for a
resolution renouncing and disclaiming any right of the County and the public in
and to a portion of the right -of -way of Big Pine Street, as shown on the plat of Big
Pine Shores, Plat Book 5, Page 20, hounded on the north by Block 1, Lot 8, Big
Pine Shores PB5-20; hounded on the west by Big Pine Street; hounded on the
south by the southern platted boundary of Big Pine Street according to the plat of
Big Pine Shores PB5-20; and hounded on the east by the platted boundary of Big
Pine Street according to the plat of Big Pine Shores; Big Pine Key, Monroe
County, Florida. (File #2016 -144)
BOCC Meeting: June 20, 2018 (set public hearing)
July 18, 2018 (public hearing)
REQUEST:
The Applicants, George F. Sherko and Lynda K. Sherko, his wife, have requested abandonment
of a portion of the right -of -way at the East end of Big Pine Street, BIG PINE SHORES,
according to the Plat thereof as recorded in Plat Book 5, Page 20, of the public records of
Monroe County, Florida, adjacent to Lot 8, Block 1 of the aforementioned plat.
The Applicants have made the request in order to utilize the east end of Big Pine Street as part of
their property located at 29577 Big Pine Street, Big Pine Key. The applicants state that the
subject area has never been paved or maintained by the County, and is surrounded by mangrove
on the east and south. The petitioners request a portion of the right -of -way of Big Pine Street,
approximately 3,385 square feet in area, located along the south side of the applicant's property,
be vacated to unify the petitioner's property.
The applicants have provided written agreements to grant an easement to the Florida Keys
Aqueduct Authority, the Utility Board of the City of Key West, and Keys Energy for public
utility purposes, in, under, over and across the herein requested ROW abandonment land in the
management, operation, maintenance, extension, construction and improvement. (Exhibit 1)
George & Linda Sherko, ROW Abandonment Petition File 4 2016 -144 Page 1 of 6
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Figure 1- Proposed right of way abandonment portion of the street (outlined in yellow)
REVIEW OF APPLICATION:
The portion of right-of-way requested to be abandoned was established within the plat of BIG
PINE SHORES, Plat Book 5, Page 20, a plat which was recorded on October 5, 1960.
13IG PINE SHORES
LOCATED IN A PART OF GOVT. LOT 4—SE CTION 10—TWP, 66 5.—RGE.29 E.
ON BIG PINE KEY MONROE COUNTY FLORIDA
Figure 2-Plat
George & Linda Sherko, ROW Abandonment Petition File 4 2016-144
Page 2 of 6
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Figure 2-Plat
George & Linda Sherko, ROW Abandonment Petition File 4 2016-144
Page 2 of 6
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The proposed abandoned portion is described as follows:
"A PORTION OF BIG PINE STREET, BEING A 25 FOOT RIGHT OF WAY TOTAL
ACCORDING THE PLAT OF BIG PINE SHORES, AS RECORDED IN PLAT BOOK 5, PAGE
20 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA, LYING SOUTH OF AND
ADJACENT TO LOT 8, BLOCK I OF SAID PLAT OF BIG PINE SHORES, AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGIN AT THE SOUTHWEST CORNER OF LOT 8, BLOCK I OF SAID BIG PINE SHORES
SUBDIVISION, THENCE BEAR EAST 134 FEET MORE OR LESS TO A POINT ON THE
PLATTED SHORELINE OF BLOCK 1; THENCE MEANDER SAID PLATTED SHORELINE IN
A SOUTHEASTERLY DIRECTION 29 FEET MORE OR LESS TO A POINT ON THE SOUTH
LINE OF SAID PLAT, THENCE BEAR WEST FOR A DISTANCE OF 149 FEET MORE OR
LESS TO A POINT, SAID POINT BEING THE INTERSECTION WITH THE SOUTHERLY
PROJECTION OF THE WEST BOUNDARY LINE OF THE SAID LOT 8; THENCE BEAR
N00 ° 00'44 "E FOR A DISTANCE OF 25.00 FEET BACK TO THE POINT OF BEGINNING.
CONTAINS 3,585 SQ. FT. MORE OR LESS. "
Figure 3- Excerpt of Boundary Survey
The Applicants have submitted a ROW abandonment petition in order to utilize the East end
portion of Big Pine Street, described above, as a part of their property (RE: No.
00315980.000000). The adjacent property to the proposed road abandonment is owned by US
Fish and Wildlife Service Dept. of Realty (parcel IDs 109600 and 109580). A letter of
George & Linda Sherko, ROW Abandonment Petition File 4 2016 -144 Page 3 of 6
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Figure 3- Excerpt of Boundary Survey
The Applicants have submitted a ROW abandonment petition in order to utilize the East end
portion of Big Pine Street, described above, as a part of their property (RE: No.
00315980.000000). The adjacent property to the proposed road abandonment is owned by US
Fish and Wildlife Service Dept. of Realty (parcel IDs 109600 and 109580). A letter of
George & Linda Sherko, ROW Abandonment Petition File 4 2016 -144 Page 3 of 6
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"Adjacent Property Owners Consent to Abandon" was received by our department, issued by the
U.S. Department of Interior, U.S. Fish, and Wildlife Service.
The Applicants are also the owners of the adjoining property (RE No. 00315970.000000) to the
west of the proposed abandonment area.
County staff has reviewed this petition and written recommendations of no objection were
received from the following private utilities and County departments:
AT &T, letter dated June 8, 2016
Comcast, letter dated August 5, 2016
Monroe County Engineering Services, letter dated September 2, 2016
Monroe County Code Compliance, memo dated August 25, 2016
Monroe County Sheriff's Office, letter dated September 21, 2016
Letters of no objection with conditions were provided by Florida Keys Aqueduct Authority
(FKAA) dated August 4, 2016, and Keys Energy Services dated July 12, 2016. Each of these
entities has no objection to the proposed road abandonment as long as their utilities remain in
their current locations and the Applicant provide them with an easement for all the existing
utilities and access without constraints for inspection and maintenance. The Applicants have
provided a written statement granting an easement to "The Utility Board of the City of Key
West ", Keys Energy and Florida Keys Aqueduct Authority for public utility purposes, in, under,
over and across the herein requested ROW abandonment land in the management, operation,
maintenance, extension, construction and improvement. (Exhibit 1)
The Monroe County Fire Marshal also submitted a letter of no objection with conditions on April
27, 2017. The Fire Marshal requested the Applicant provide a turnaround for emergency
vehicles. The required specifications for the turnaround are as follows:
• Inside turning radius: 25 ft.
• Outside turning radius: 50 ft.
• Driving width: 8 ft.
• Working width: 16 ft.
• Ground clearance 18 in.
• Height: 13 ft. 4 in.
Monroe County Code Section 19 -1 - Abandonment of rights -of -way states:
(a) No dedicated and accepted right -of -way in the county shall be abandoned where:
(1) the right -of -way terminates on a body of open water; or
• The platted, undeveloped right -of -way does not terminate on a
body of open water. The road ends to the East surrounded by a
parcel with tall mangroves, which separates the right of way from
the open water.
(2) the right -of -way provides access to the public to land on open water; or
• The platted, undeveloped right -of -way does not provide access to
the public to land on open water.
George & Linda Sherko, ROW Abandonment Petition File 4 2016 -144
Page 4 of 6
1 (3) the abandonment would preclude a way for the public to maintain access to
2 the water.
3 • The abandonment would not preclude a way for the public to
4 maintain access to water as there is no public access to the water
5 through this right of way.
6
7 (b) In all other cases of abandonment, no right -of -way shall be abandoned unless there is
8 an agreement to do so by all affected property owners. For purposes of this
9 subsection, an affected property owner is the owner of property which, if the right -of-
10 way is abandoned, will:
11 (1) Have access that is currently used by that property owner eliminated;
12 • The requested abandonment is for a portion at the East end of Big
13 Pine Street. There is an agreement between U.S. Fish and Wildlife
14 Service (the adjacent property owner) and the applicant to
15 abandon this portion of the right of way.
16 (2) Have the only platted access eliminated;
17 • The requested abandonment is for a portion of the right -of -way at
18 the east end of the street and is not used for access by other
19 properties.
20 (3) Have the paved area adjacent to that property increased for turn- around
21 purposes; or
22 • The requested right of way has never been paved before. A T-
23 turnaround is required by the Fire Marshal. The applicant has
24 provided a written Right -Of -Way Agreement for Turnaround
25 Construction. (Exhibit 2)
26 (4) Be increased in size.
27 • The Applicant's property will be increased in size by 3,585 square
28 feet (0.0823 acres); there is no objection to this increase.
29
30 (d) All right of way abandonments shall comply with the County Code and Standard
31 Engineering requirements for road, turn- around and fire- rescue access. If required for
32 safety purposes, as determined by either Fire Marshal or County Engineer, a
33 dedicated turn- around area shall be shown on the submitted survey and shall be
34 agreed to in writing and constructed with payment by the property owner(s)
35 requesting abandonment.
36 • No objection, with a condition to build a T- turnaround, was
37 given by the Fire Marshal. No objections or conditions were
38 given from Monroe County Engineering Services.
39
40 (e) A right of way may be abandoned only at the terminal portion of the road and in its
41 full width unless one of the following applies;
42 1. An adjacent lot owner has on the platted right -of -way or within a setback a
43 substantial structure which predates the Special Session Law 59 -1578
44 pertaining to maps, plats and right -of -way. The term "substantial structure"
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specifically does not include wood or metal fences, sheds or tiki huts or other
items not listed which are accessory structures; or
2. The abandonment is requested by a County department or governmental agency
for a public use; for purposes of this subsection public use is a public facility
and /or public /private utility; or
3. The right of way area is unusual in size or shape and after abandonment the
remaining right of way width will be the same on both sides of the
abandonment as shown in Example 1.
• The petitioners have requested 25 feet width of the right of way,
along their property (approximately 134 ft.); at the end of the
road.
Staff has found that the requested abandonment portion of the right of way at the east end of Big
Pine Street in Big Pine Key, Monroe County, meets the criteria cited above and is therefore
suitable for abandonment.
RECOMMENDATION
Staff recommends approval of the requested abandonment.
EXHIBITS:
1. Utility easement
2. Turnaround agreement
George & Linda Sherko, ROW Abandonment Petition File 4 2016 -144
Page 6 of 6
Doc# 2139467 10/12/2017 1
Filed & Recorded in Official RecB r s �--
a of
MONROE COUNTY KEVIN MADOK
10/12/2017 11:33AM
DEED DOC STAMP CL: Tam, $0.70
DocN 2139467
BkU 2874 P90 1396
It is hereby agreed that GEORGE F. SHERKO and LYNDA K. SHERKO (hereinafter referred
to as "Grantors") for and in consideration of the sum of ONE DOLLAR ($1.00) and other good
uncl valaablc comilderations, Idic lccclpt of Is illcrclby acl no%vlcdgcd by Gi puld by
the Florida Keys Aqueduct Authority (hereinafter referred to as "Authority"), does grant, sell and
convey unto Authority a non-exclusive easement under the following terms and conditions:
1. Grantors hereby grants to the Authority a non-exclusive easement, under, over, across
and upon those portions of the property described on the attached Exhibit "A"
("Grantor's Property " "), in which (1) no improvements exist (other than surface
improvements such as roads or sidewalks), algid (ii) the water distribution facilities
presently exist. Authority may use other portions of Grantor's Property, but only with the
prior written consent of Grantor,
1 Authority, its successors and assigns, shall have only the right to construct, reconstruct,
lay, install, operate, maintain, relocate, repair, replace, improve, ren and inspect
water distribution facilities and all appurtenances thereto (the "Utility Facilities") and
shall have full right of ingress and egress thereto and therefrom in, over and across the
easement area. Authority may at any time enter upon, use and occupy other portions of
Grantor's Property, but only to the extent that is necessary for the operation, inspection,
maintenance and repair of the Utility Facilities, and shall not utilize Grantor's Property
for any other purpose without Grantor's pen
3. Grantor shall furnish and maintain the easement area free of and clear from any
obstruction and shall not construct, place, or allow the placing or construction of any
DocN 2139467
Bk# 2874 P90 1397
obstruction which would interfere with (1) Authority's safe or proper installation,
operation, maintenance, inspection, or removal of the Utility Facilities located in the
easement area or (11) any other right granted to Authority. Grantor shall have the right to
make any other use of the easement area which does not interfere with the Authority's
rights.
4, Any obstruction to the safe or proper operation, maintenance, inspection, or removal of
Utility Facilities may be removed by the Authority at GrantoCs expense, However, as a
condition precedent to such removal, Authority shall first provide notice to Grantor of
Authority's intent, and allow Grantor reasonable time to either remove the obstruction or
provide Authority with an alternative portion of GrantoCs Property for the purpose
required.
5. In exercising its rights hereunder, Authority shall, to the extent practicable under the
circumstances, minimize disruption of and interference with Grantor's Property, Without
limiting the foregoing, Authority shall provide reasonable prior written notice to Grantor
of all maintenance and repair activities and, except for the case of emergencies or other
causes beyond Authority's control, shall coordinate its activities with Grantor. Authority
shall promptly restore all vegetation and improvements damaged by its maintenance and
repair activities to a condition comparable to that which existed prior to Authority's
activities. Authority shall indemnify and hold Grantor harmless from any loss, damage,
expense, claim, cost or liability (including attorneys` fees incurred) arising as a result of
the presence or activities of Authority (including its agents and contractors) upon
Grantor's Property.
N
Doch 2139467
BkN 2874 PgN 1398
6. Either party, in its discretion and at its solo expense, may have surveys made of the
location of the Utility Facilities, and may cause an amendment to this Agreement to be
prepared that accurately reflects the location of any such Utility Facilities, In such event,
the other party shall have the right to review and approve the survey and form of
ainendi-ricrit to this Agreement (which approval shall not be unreasonably withheld) and
both parties shall promptly execute the amendment. The width of any easement
documented by a survey shall be no less than 20 feet wide to allow Authority to Utilize
heavy equipment, to the extent actually required, in connection with its inaintenance_
repair, removal and replacement activities. Any an-iondinent to this Agreement prepared
pursuant to this paragraph shall be in recordable form and shall be effective upon
recordation in the Official Records of Monroe County, Florida. Any such amendment
may address either all or limited portions of Grantor's Property, in which case, the
amendment may also identify such portions of Grantor's Property to which this
Agreement and the Easements created hereby, no longer burden or affect.
7. Grantor shall bear the cost of any relocation or modification of said Utility Facilities
when the change is necessitated by Grantor's requirements or those of any utility other
than the Authority.
S: All covenants, stipulations, terms, conditions, and provisions of this agreement shall
extend to and be made binding upon respective successors and assigns of Authority and
Grantor. It is intended that this agreement shall be recorded and be binding upon future
owners of Grantor's Property.
9. The Grantor does hereby warrant good and marketable title for Grantor's Property and
that it has full power and authority to grant this casement,
3
DocM 2139467
BkK 2874 P99 1399
10. All provisions of this easement, including the benefits and burdens, run with the land, and
are binding upon and shall inure to the benefit of the successors and assigns of the parties
hereto.
I I . The parties agree, to execute promptly any other documents and to perform promptly any
other acts that may be reasonably required to effectuate the purposes and intent of this
casement.
12. Whenever the transfer of ownership of all or any part of Grantor's Property takes place,
the transf shall not be liable for the breach, subsequent to such transfer, of any of the
covenants contained herein.
13. If an action is brought to enforce the provisions of this easement, the prevailing party
shall be entitled to receive its costs, litigation expenses, and reasonable attorneys' fees
[Signatures on following page]
4
IN WITNESS WHEREOF, the Grantor has hereunto set its hand and sea[ this day
of U
GRANTORS:
G E 0 R G �' 1'. S I I E 1 "'K 0 L Y N —D I S1 I ER K 0
M
/ 1
Printed Name:
Its: Authorized Signatory
0 1
Printed Name: ///�j
j
STATE OF FLORIDA
SS
COUNTY OF MONROE
The foregoing instrument was acknowledged before ine on this day
o f
My Commission Expires:
Notary Public State of Florida at Large
N
Doc# 2139467
BkN 2674 Pgp 1401
IN WITNESS WHEREOF, the Authority has hereunto set its hand and seal this 3 1 day
AUTHORITY. FLORIDA KEYS AQUEDUCT AUTHORITY,
a Florida governmental authority
Signed in the Presence of:
Printed Name: L Nark:
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Its: Authorized Signatory
rioted Name.
S TATE OF FLORIDA }
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COUNTY OF MONROE �
The forec oing instrument was acknowledged before me can this day
of
Ncta ublic - -- State of Florida at Lar ,
My Commission Expires:
•, p JANET E. COLEY
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MY COMMISSION # GG 035884
,.:
�.„i = EXPIRES: January 29, 2021
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BkN 2874 p 1403
KNOW ALL MEN BY THESE PRI'I'SENT, that GEORGE F. SITERKO and LYNDA K,
SHERKO, hereinafter called Grantors do hereby grant an casement to THE UTILITY BOARD OF THE
CITY OF KEY WEST, FLORIDA and Keys Energy, hereinafter called Grantees, for public utility
purposes, in, under, over and across the hereinafter described land, in the management, operation,
111"lintell"Ince, extension. coils! ructi Oil and improvement, 11101 to exit:
Please see "Exhibit A"
Together with the right of ingress and egress over property of the grantors, so as to afford the
Grantees oornplete use and eihjoyrnent of this casement, including the right to cut and trim, from time to
time, trees, brush, over - hanging branches and other natural obstructions on the above described land,
which may injure or interfere with the full and complete use of the aforesaid easement.
This casement shall terminate if at any tune its use is discontinued foryeai
k IN WITNESS WHEREOF, these presents have been executed by the Grantors herein, all as of the
��day of t 2017.
G1' F. SI
LYNDYR, SHERKd'
STATE OF FLORIDA
COUNTY OF MONROE
This document was acknowledged before me by GEORGE F, SHERKO, who is personally
known to me / produced as identification.
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NOTARY PUBLIC
Print Narne: Mari Martin-Vegue
CominissionNo- COMMISSION # FF185477
EXPIRES: December 28, 2016
STATE OF FLORIDA WWAARONNOTARY,COM
COUNTY OF MONROE
This document was acknowledged before me by LYNDA K. SHERKO, W
kno produced as id cntification.
Date: 73 -2-0
a-
NOTARY PUBLIC
Print Name: ....... Mari Martin-Vegue
Commission No.-=- COMMISSION # FFIS5477
EXPIRES: December 28, 201s
wwwAARONNOTAMCOM
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MONROE COUNTY
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Return to:
Monroe County
Monroe County Planning & E nvironraenta I Resources
2798 Overseas Highway, Suite 400
Marathon, FL 33050
Prepared by:
JAN 1 6 2018
MONROE CO3 PLANNINI DEPT,
-------------------- -------------- Space Above This Lin(- For Recordim -------------------------
CONSTRUCTION
This Agreement entered into this day of , 20_ by
PETITIONER PROPERTY OWNER (hereinafter "PETITIONER")
WHEREAS, Monroe County Code (hereinafter "Code") Section 19-1 authorizes, in
certain circumstances, abandonment of a County right-of-way; and
WHEREAS, Code Section 19-1 provides that such right-of-way abandonments must
comply with all applicable Code requirements for road, turn-around, and fire-rescue access; and
WHEREAS, Code Section 110-970)(16) provides as follows: "Dead roads,
designed to be so permanently, shall be provided at the closed end with a turnaround having an
outside roadway diameter qfal least 7f3 feet, and a road property line diaineter of at least 100
,feet, or inqj be provided with a "T" type turnaround as inay be approved per "Standard
Specrflcahons and Details ql'Monroe County" by the departinent ofp1anning. "; and
WHEREAS, Monroe County, finds the PETITIONER must construct a T-turnaround in
accordance with the Public Works Manual Standard Spec fication and Details qfAllonroe County
Division (hiclusive ofRoad Specification section T-Turn Detail R 5) at the end of Big Pine
Street, Big Pine Key; and
WHEREAS, the PETITIONER hereby covenants with the County, by this duly executed
and recorded Agreement, that all construction and development of such T-type turnaround shall
be the sole responsibility of the PETITIONER; and
NOW, THEREFORE, for and in consideration of the sum of TEN and 00/100 DOLLARS
($10.00), and as an inducement to the County for the approval of this Agreement, together with
other good and valuable consideration, the adequacy and receipt of which are hereby
acknowledged and attested to by all parties hereto, the PETITIONER agrees and covenants as
follows:
I . The foregoing recitals are true and correct and are hereby incorporated as if fully stated
herein; and
2, The PETITIONER desires to construct such a T-type turnaround pursuant to the aforesaid
Code provision(s), at that certain below-described real property:
Pareel(s)/Lot(s): easterly boundary of
Lot 7 Block: I
Approximate Mile Marker:
Real Estate Number(s): 00315980-000000; and
The PETITIONER agrees to construct said T-type turnaround in accordance with Public
Works Manual Standard Spec fzcations and Details of Wont ae County Division (, inclusive
q)9 R-1, as attached in Exhibit "A." The PETITIONER shall install said T-type turnaround
in accordance with the terms of the right-of-way permit issued by the Monroe County
Engineering Department and shall submit the proposed location(s)/site(s) of such turnaround
as part of its the right-of-way permit application, which shall be subject to compliance and
sufficiency review by the County separate and apart ftorn the authorization(s) conferred
pursuant to this Agreement; and
4. 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
Attn: Planning Director
2798 Overseas Highway, Suite 400Marathon, FL 33050
Any and all construction(s) or interpretation(s) of the Monroe County Code 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
6. RECORDATION. The PETITIONER hereby agrees to and shall, once executed by both
parties, record this Agreement with the Monroe County Clerk of Court and in the Public
Records of Monroe County at the same time as the road abandonment is recorded, and shall
solely pay any and a]] costs associated with such recordation; and
7. AMENDMENT OR MODIFICATION. No amendment(s) or modification(s) to this
Agreement is/are effective unless the County agrees, consents, and joints in writing thereto.
The undersigned PETITIONER shall record any such amendment(s) or modification(s) to
this Agreement, and shall solely pay any and all costs and expenses associated with the
recordation of any such arnendinent(s) and modification(s); and
2 of 7
8. LIMITATION OF LIABILITY. The PETITIONER hereby expressly waives its rights to a
jury trial and any rights it may have to bring a claim against the County for personal damage
or injury, or damage or injury to property, that is allegedly caused by the negligent action or
inaction of the County or an employee or agent of the County arising from or caused by the
County's authorization(s), activity(ics), or inactivity related to this Agreement, further holds
the County harmless from the claims of all persons, for action(s), inaction(s), activity(ies),
darnage(s), expense(s), and loss(es) occurring oil the above-described property and
location(s)/site(s) therein, and the PETITIONER shall be solely responsible and liable for
acrd to any and all parties who engage in or otherwise porform work relating to said
construction/development of the above-described and below-described T-turnaround, and the
County shall in no way be either responsible or liable for any injury caused by the tools,
materials, or equipment used by the PETITIONER, its employees or agents, or used by tile
PETITIONER's Contractor(s), or its employees or agents; and
9. INDEMNIFICATION. The PETITIONER hereby agrees to indemnify and defend the
County and its commissioners, officers. employees, and agents, from any and all claims for
bodily injury (including death), personal injury, and property damage (including property
owned by or property interest(s) held by Monroe County) and any other losses, damages,
and expenses (including attorney's fees), arising from any injury or damage in connection
with this Agreement; and
10. PAYMENT. The PETITIONER is and shall be solely responsible for all costs incurred in
the carrying out of such the T-type turnaround project construction/developirlent. It is
hereby understood by the parties that the County shall incur no cost for or in relation to such
project construction/development. It is further hereby understood that there are no third-
party beneficiaries to this Agreement, and that no Contractor or Sub-Contractor, or any
other person or entity, shall look to County for payment related to such project
construction/development; and
IL COMPLIANCE WITH LAWS. The PETITIONER shall comply with all Articles of
Incorporation, Bylaws, laws, ordinances, and governmental rules and regulations that apply
to this Agreement and to its activities on and at the above-described real property
location(s)/site(s). The PETITIONER shall obtain all necessary pen approvals,
inspections, and authorization as maybe required by such Articles of Incorporation, Bylaws,
and local, state, and federal governments and agencies; and
12. JURISDICTION AND VENUE. 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 the provisions, restrictions, 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
3 of 7
I Packet Pg. 2472 1
addition to any other remedy, fine, or penalty which may be applicable under Chapter 162,
373, and 403, Florida Statutes, and any other action at law or in equity; and
13, TERMINATION/REVOCATION OF RIGHT OF WAY ABANDONMENT, The
PETITIONER hereby agrees to have plans complete and obtain a right of way permit for
construction of such T-type turnaround in accordance with the requirements contained in the
Public Works Manual Standard Specifications and Details cif 1wonroe County within one
hundred eighty (180) days of the effective date of the County's approval of the
Corresponding petition for right-of-way abandonment. If the PETITIONER fails to so
constcuct such T -type turnaround in a(;cordancc with the Ilublic )forks JVMnuul Slundard
Speci/leations and Details of Monroe County Division(, inclusive of) B-2 and R-5, or fails to
so construct such T-type turnaround within one hundred eighty days after issuance of the
right of way permit, said previously abandoned right-of-way 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 AV a duly approved right-of-way
abandonment petition, a right-of-way permit, or any other permit(s), approval(s), or
inspection(s) corresponding to this Agreement or its corresponding right-of-way
abandonment petition, pursuant to applicable provisions of the Monroe County Code and/or
the permit(s) applied for or issued pursuant to this Agreement; and
14. ENFORCEMENT, In the event of any breach or violation of the restrictions or terms
contained herein, the County shall, without liability to the County, have the right to
unilaterally and without notice terminate this Agreement, and to proceed at law or in equity
as may be necessary to enforce compliance with the restrictions or terms hereof, and to
otherwise prevent the breach or violation of any of them, to collect damages, and may
enforce this Agreement by emergency, prelirninary, 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 of violation of this Agreement by the PETITIONER shall, without ally
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 permits, approvals, or inspections relating to this Agreement, except for those
permits, approvals, or inspections necessary to cure such breach or violation. The
PETITIONER hereby agrees to and shall pay for all costs associated with the County's
enforcement action(s). Such County enforcement shall be at the County's discretion. Failure
of the PETITIONER 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 right to do
so thereafter as to any such violation or breach; and
15. AUTHORIZED SIGNATORY. The signatory for the PETITIONER, below, certifies and
warrants that:
(a) The PETITIONER's narne as set forth in this Agreement is its full and correct
legal name (if an entity, as designated in its corporate charter and as formally
registered with the State).
4of 7
I Packet Pg. 2473 1
(b) The individual(s) executing this Agreement is/are duly authorized to so act and execute
such Agreement on behalf of the PETITIONER.
(c) As applicable, this Agruernent has been duly approved by the PETITIONER's Board of
Directors and/or members, consistent with and compliant with the PETITIONEWs
Articles of Incorporation, Bylaws, and all local, state, and federal law(s).
(d) I'l applicable, tl, upon execution o 'lllis/.
provide copies of a list of its current Board of Directors and/or managers, a properly
executed and notarized corporate resolution approving this Agreement, a copy of its
current Articles of Incorporation, and, if PETITIONER has or is otherwise subject to
Bylaws, a copy of such current Bylaws,
16. SEVERABILITY, If any condition, provision, reservation, restriction, right, or term of this
Agreement is held to be invalid or unenforceable by any court of competent jurisdiction, the
invalidity or unenforceability of such condition, provision, reservation, restriction, right, or
term shall neither limit nor impair the operation, enfibrecability, or validity of any other
condition(s), provision(s), reservation(s), restriction(s), right(s), or ten thereof. All such
other condition(s), provision(s), reservation(s), restriction(s), right(s), and term(s) shall
continue unimpaired in full force and effect; and
17. PARAGRAPH HEADINGS. Paragraph headings, where used herein, are inserted for
convenience only and are not intended to descriptively limit the scope and intent of tile
particular parqp to which they refer; and
18. EFFECTIVE DATE, This Agreement constitutes the entire Agreement and any
representation or understanding of any kind preceding the date of this Agreement's
execution or recordation is not binding on the County or the PETITIONER except to the
extent it has been incorporated into this Agreement. This Agreement shall become effective
upon recordation in the Public Records of Monroe County.
19, BINDING EFFECT, The terms, covenants, conditions, and provisions of this Agreement
shall bind and inure to the benefit of the County and the PETITIONER and their respective
legal representatives, successors, and assigns. However, this Agreement shall not be
conveyed, assigned, or otherwise transferred from the PETITIONER. Any such transfer
requires County approval, and any such transfer absent County approval shall irnniediately
render this Agreement void ab initio; and
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
i na
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 o'ia tv 201g.
5 of
Y
WITNESSES
Date (Print)
COUNTY OF ILI ILXM
The foregoing instrument, Right-of-Way Abandonment Agreement for Turnaround Construction,
was acknowledged before nee this day of 20J by George and
Lynda Sherko, who are personally known to me or produced _ as
proof of identification an 'i T°a Te Mali,
Notary Public. Seal
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Notary Public ( rint Narne car Notary Pao.)
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of
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KIMBERLY T CARTER
Notary Public - State of Florida
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Commission # CC, 000652
My Comm. Expires Jug' 9, 2020
+tl ngsey
Notary Public. Seal
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Notary Public ( rint Narne car Notary Pao.)
'Notary Publi (Signature)
of