08/17/2016 Agreement o:E�c�Ci
�Y'�s " �►' Petitioner:Blake Hill
1144
74:11.fi r
RESOLUTION NO. ! --2016
A RESOLUTION OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS RENOUCING AND
DISCLAIMING ANY RIGHT OF THE COUNTY AND PUBLIC
IN AND TO THAT PORTION OF THE RIGHT-OF-WAY OF
ED SWIFT ROAD, IN A PART OF GOVERNMENT LOT 2,
TOWNSHIP 67 SOUTH, RANGE 26 EAST, ON BIG COPPITT
KEY, MONROE COUNTY, FLORIDA.
WHEREAS, an application was filed, by Blake Hill to abandon a portion of the right
of way of Ed Swift Road, in a part of government Lot 2,Township 67 South, Range 26 East, on
Big Coppitt Key,Monroe County,Florida; 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, 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
WHEREAS,the Board makes the following Findings of Fact and Conclusions of Law:
1. The applicant has agreed to relocate all Florida Keys Aqueduct Authority utilities
located within right of way to be abandoned to include a 4" inch water line, flush
out and water meter per the Right of Way Abandonment Agreement for Utility
Relocation. (Exhibit I)
2. The applicant has agreed to relocate Florida Keys Energy Services pole#BC 12-
7-1 -39 and all utilities attached to the pole located within right of way to be
abandoned per the Right of Way Abandonment Agreement for Utility
Relocation. (Exhibit II)
3. If the property is gated, the gate to the property shall be a minimum of 12 feet in
width for Fire Marshal access.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF. COUNTY
COMMISSIONERS OF MONROE COUNTY,FLORIDA,THAT IT HEREBY
1. Renounces and disclaims, any right of the County and public in and to the
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File 2015-141 ` r
i
following described streets, alley-ways, roads, or highways as delineated on the hereinafter
described map or plat, to-wit:
"A parcel of land, being a portion of Ed Swift Road, in a part of Government Lot
2, Township 67 South, Range 26 East, on Big Coppitt Key, Monroe County, Florida and
being more particularly described as follows:
Commencing at the Southeast corner of Government Lot 3, Section 22, Township
i
67 South, Range 26 East, bear West for a distance of 15 feet to a point; thence bear North
for a distance of 1291.20 feet to a point; thence bear East for a distance of 65 feet; thence
bear North for a distance of 108.00 feet to the Point of Beginning; thence continue bearing
North along the previously described course and along the Westerly right of way line of the
said Ed Swift Road for a distance of 105.00 feet to the Northerly right of way line of the said
Ed Swift Road; thence bear East and along the said Northerly right of way line of the Ed
Swift Road for a distance of 23.00 feet to the Northwesterly corner of Lot No. 80, according
to a survey of BIG COPPITT TRAILER PARK, Big Coppitt Key, Monroe County, Florida,
by C.G. Bailey, Surveyor, dated September 1, 1958; thence bear South and along the
,
Easterly right of way line of Ed Swift Road for a distance of 105.00 feet to the Southwesterly
corner of Lot 76 of the said BIG COPPITT TRAILER PARK; thence bear West for a
distance of 23.00 feet back to the Point of Beginning."
2. Accepts and approves the Right of Way Abandonment Agreement for Utility
Relocation (Florida Keys Aqueduct Authority) attached as EXHIBIT I made a part of this
Resolution.
3. Accepts and approves the Right of Way Abandonment Agreement for Utility
Relocation (Florida Keys Energy Services) attached as EXHIBIT II made a part of this
Resolution.
4.If the property is gated, the gate to the property shall be a minimum of 12 feet in
width to accommodate emergency vehicles access.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of the Board held on the 171 day of August, 2016.
—, c6 Mayor Heather Carruthers 1107 PR ESE N r
' = Ls'_" Mayor Pro Tern George Neugent YES
a.
ca: ' Commissioner Danny L. Kolhage YES
Q .
— ' Commissioner David Rice YGS
® c+- =L, S Commissioner Sylvia Murphy YES
I�.t
BOARD OF COUNTY.COMMISSIONERS
OF MONROE CO , ' PA
1i
BY
age) . "M. or Ir'er Carruthers
-l.
:c"t 1'. • .4- , �, Y HEAVILIN, CLERK
T-- _Ip /'may MONR•E COUNTY A ORNEYp�
too T _y I 'w
\. 1=V'i LERK -. . _
y_/Z_1s' STi-i,E;T r. ftL; , S
ASSISTANT Q. tyNTYfi ATTORNEY
Date //.29/'/‘
2
File 2015-141
&1ibct
Return to:
Monroe County
Planning&Environmental Resources Department
2798 Overseas Highway, Suite 400
Marathon,FL 33050
Prepared by:Franklin D.Greenman
5800 Overseas Highway,Ste 41
Marathon,FL 33050
Space Above This Line For Recording
RIGHT-OF-WAY ABANDONMENT AGREEMENT FOR UTILITY RELOCATION
This Agreement entered into this 2 r4 day of March, 2016 , by BLAKE RUSSELL
HILL PETITIONER(s)/PROPERTY OWNER(s) (hereinafter"PETITIONER(s)"); and
WHEREAS, Monroe County Code (hereinafter"Code") Section 19-1 (2015) authorizes,
in certain circumstances, abandonment of a County right-of-way; and
WHEREAS, Code Section 19-1 (2015) provides, in relevant part, that "No right-of-way
shall be abandoned unless there is an agreement to do so,by all affected property owners."
For purposes of this Section, and pursuant to Code Sections 19-1(c)(1)-(4) (2015), an "affected
property owner" is "the owner of property which directly adjoins the area subject to
abandonment or, if' such "right of way is,abandoned, will have access currently used by that
property owner eliminated or diminished," or "will have the only platted access eliminated," or
"will have the paved area adjacent to that property increased for turn-around purposes," or "be
increased in size;" and
WHEREAS, Code Section 1-2 (2015) defines "property" as including both "real and
personal property,"which, therefore,may include an affected owner of personal property such as
(but not limited to) an owner of an existing utility line which does not have a real property
interest(such as a utility easement)in the same; and
WHEREAS, in order to satisfy the requirement(s) set forth in Code Section 19-1(k)
(2015), PETITIONER(s) has/have obtained a "Conditional Letter of No Objection," attached
hereto as Exhibit " A" to this Agreement, which is hereby incorporated as if fully stated herein,
which PETITIONER(s) has/have submitted or shall submit or otherwise provide to the County,
from the subject utility having the following legal name as set forth in the official public records
of the Florida Department of State - Division of Corporations and Florida Keys Aqueduct, in
which said utility stated that it has "No objection" to [the] abandonment of that portion of Ed
Swift Road, located between Lots 76-80 and Lots A and B, Big Coppitt Key, FL, as shown in the
attached survey, attached as Exhibit"B", on the condition(s) that the water main with flush-out
and water meters, and sewer main with manhole and clean-outs located in the abandonment area
be relocated at the owners expense.
WHEREAS,by this duly executed Agreement, which shall be recorded forthwith,
PETITIONER(s) hereby covenant(s) with the County that movement and installation of water
main with flush-out and water meters, and sewer main with manhole and clean-outs of the
above-named utility shall be the exclusive and sole responsibility of PETITIONER(s) and be at
PETITIONER's exclusively and sole expense; and
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NOW, THEREFORE, for and in consideration of the sum of TEN and 00/100 DOLLARS
($10.00), and as an inducement for the County to approve this Agreement, together with other
good and valuable consideration, the adequacy, sufficiency, and receipt of which are hereby
expressly acknowledged and attested to by all parties hereto, PETITIONER(s) hereby agree(s)
and covenant(s) as follows:
1.The foregoing recitals are true and correct and are hereby incorporated as if fully stated
herein; and
2. The PETITIONER(s) is/are the sole fee simple title owner(s) of that certain
immediately below-described real property located in Monroe County, Florida, having a
legal description as follows and which is shown on the Deeds attached hereto as Exhibit
"C,"which is hereby incorporated as if fully stated herein:
Parcel(s)/Lot(s)/Block/Subdivision/Plat Book/Page: LEGAL
DESCRIPTION AS PER DEEDS ATTACHED AS EXHIBT"C"
Key: BIG COPPITT
Approximate Mile Marker:10
Real Estate Number(s): 001121030-000100, 00121300-000000, 00121430-
000000, 00121440-000000 and 00121510-000000.
3. The PETITIONER(s) desires to relocate the subject utility's above-described interest,
more fully legally described immediately below, in pursuant to and in compliance with
the above-described Code Sections, and shall do so in compliance with the United States
and Florida Constitutions, the Florida Statutes, the Monroe County Comprehensive Plan,
the Monroe County Code(s), the Florida Building Code(s), and all other applicable
federal, state, and local codes, ordinances, orders,resolutions,regulations, and rules:
Parcel(s)/Lot(s)/Block/Subdivision/Plat Book/Page: LEGAL
DESCRIPTION AS PER DEEDS ATTACHED AS EXHIBT"C"
Key: BIG COPPITT
Approximate Mile Marker:10
Real Estate Number(s): 001121030-000100, 00121300-000000, 00121430-
000000,00121440-000000 and 00121510-000000.
4. Conditions and Revocation or Termination of Agreement. The PETITIONER(s)
hereby agrees to submit a complete right-of-way permit application to the County in
compliance with the form and address requirements set forth in Paragraph 5 below
together with a Florida Keys Aqueduct Authority Utility Permit within one-hundred
eighty (180) days of the effective date of the County's approval of the PETITIONER's
right-of-way abandonment petition corresponding to this Agreement. Should the
PETITIONER(s) fail to relocate the subject utility's above-described interest in
accordance with a Florida Keys Aqueduct Authority Utility Permit and the corresponding
County right-of-way permit(s) (corresponding to this Agreement), or otherwise fails to
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complete construction necessary to complete re-location of the subject utility's above-
described interest within the following time-frame and under the following condition(s)
the County's previous approval to abandon the corresponding/the subject right-of-way
shall immediately be rescinded and the prior-abandoned right-of-way (any and all
portions thereof) 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 Agreement, the County's previous approval to abandon the
corresponding/the subject right-of-way, the County right-of-way permit(s) corresponding
to this Agreement, or any other permit(s), approval(s), or inspection(s) corresponding to
this Agreement or prior County approval to abandon the corresponding/the subject right-
of-way, pursuant to the U.S. and Florida Constitutions, the Florida Statutes, the Monroe
County Comprehensive Plan, the Monroe County Code(s), the Florida Building Code(s),
the provisions and terms of this Agreement, and/or all other applicable federal, state, and
local codes, ordinances, orders, resolutions, regulations, and rules; and
5. Notice and Service of Process - Monroe County. 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 Department
Attn: Senior Director
Subject: Right-of-Way (Road)Abandonment- Utility Agreement
2798 Overseas Highway, Marathon, FL 33050
With a copy to:
Monroe County Engineering Services Department
Attn: Director
Subject: Right-of-Way (Road)Abandonment-Utility Agreement
1100 Simonton Street, Room 2-216
Key West, FL 33040
With a copy to:
Monroe County Attorney's Office
Subject: Right-of-Way(Road)Abandonment-Utility Agreement
1111 12th Street, Suite 408
Key West,FL 33040
6. Construction and Interpretation. Any and all construction(s) or interpretation(s) of
Monroe County Comprehensive Code provision(s) and Monroe County Code(s)
provision(s) 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
7. Recordation. The PETITIONER(s)hereby agree(s) to and shall, once this Agreement
has been executed by PETITIONER(s) and the County, file this Agreement with the
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Clerk of the Circuit Court of Monroe County together with all appropriate and required
collateral instrument(s), and shall record this Agreement together with all appropriate and
required collateral instrument(s) in the Official Records of Monroe County, Florida, and
shall pay any and all costs associated with such recordation; and
8. Amendment, Modification, or Release, and Recording Thereto. No amendment(s),
modification(s), or release(s) to this Agreement is/are effective unless the County agrees,
consents, and joins in writing thereto. The PETITIONER(s) shall file any such properly
executed amendment(s), modification(s), or release(s) to this Agreement with the Clerk
of the Circuit Court of Monroe County together with all appropriate and required
collateral instrument(s), and shall record such properly executed amendment(s),
modification(s), or release(s) together with all appropriate and required collateral
instrument(s) in the Official Records of Monroe County, Florida, and shall pay any and
all costs associated with such recordation; and
9. Subsequent Reference Requirement.
A. The PETITIONER(s) hereby agree(s) to and shall submit a copy of this filed
and recorded Agreement together with (simultaneously in date and time with) all
future development applications relating to the/his/her/its/their property described
in Paragraphs 2 or 3 above. Such submission by PETITIONER(s) shall be to the
agency(ies), department(s), and office(s) in receipt of or otherwise receiving such
development application(s). This requirement is non-exclusive to Monroe County
agencies, departments, and offices, and is to be construed as inclusive of all
reviewing federal, state, Monroe County, and local agencies, departments, and
offices in'receipt of or otherwise receiving such development application(s), such
that the PETITIONER(s) must so simultaneously furnish a copy of this filed and
recorded Agreement to any and all federal, state, Monroe County, and local
agencies, departments, and offices in receipt of or otherwise receiving such
development application(s); and
B. The PETITIONER(s) shall reference this filed and recorded Agreement,
including the recording book and page number(s) and document number(s) of this
Agreement in anyfuture instrument conveying title to or an interest in the property
described in Paragraphs 2 or 3 above; and
C. The PETITIONER(s) shall insert the terms and restrictions of this Agreement
into any subsequent deed or other legal instrument by which he/she/it/they
divest(s) himself/herself/itself/themselves of any title to or interest in the property
described in Paragraphs 2 or 3 above; and
10. Joint-and-Several Liability. If the PETITIONER(s), or any other non-County
natural person(s) or legal person(s) are party(ies)to any suit, action, or proceeding, in law
or in equity, initiated, cross-initiated, counter-initiated, or otherwise filed by the County
to enforce any provision(s) or term(s) contained herein, and consist(s) of more than one
person(s) or entity(ies), such person(s) and entity(ies) shall be jointly and severally liable;
and
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11.Non-Assignability. This Agreement shall not be assignable by the PETITIONER(s),
or by any other non-County party with title to or an interest in the property described in
Paragraphs 2 or 3 above, unless such assignment is first approved by Monroe County
Board of County Commissioners (hereinafter"BOCC") Resolution; and
12. Transfer Notice. The PETITIONER(s) shall provide written notice to the County of
the transfer of any title to or interest in the property described in Paragraphs 2 or 3 above
at least thirty(30) days prior to the date of such transfer. Failure of the PETITIONER(s)
to perform any act required by this Section shall not eliminate this requirement or the
County's rights arising from, relating to, or in connection with this requirement, and shall
not impair the validity of this Agreement or limit its enforceability in any way; and
13. Notice and Service of Process - To PETITIONER(s). All notices, consents,
approvals, or other communications to the PETITIONER(s) shall be in writing and be
' deemed properly served if, unless otherwise provided in this instrument, sent by U.S.
Postal Service, Certified Mail, return receipt requested, to his/her address of record with
the Monroe County Property Appraiser's Office or to his/her address of record with the
Monroe County Tax Collector's Office. If, after one (1) unsuccessful attempt (in
accordance with the preceding sentence) by the County to serve notice upon
PETITIONER(s), the County shall, in addition to the preceding sentence's method of
notice and service of process for the purposes herein, be entitled to satisfy this Section's
sufficiency of notice and service of process requirement(s) by subsequent election to
serve such notice pursuant to (I) Florida Statutes §§ 49.011(1)-(2) (2015), 49.011(5)
(2015), 49.021 (2015), (applicable if an action or administrative proceeding has
commenced or otherwise been formally initiated by filing in accordance with applicable
rules of procedure) 49.031 (2015), (applicable if an action or administrative proceeding
has commenced or otherwise been formally initiated by filing in accordance with
applicable rules of procedure) 49.041 (2015), (applicable if an action or administrative
proceeding has commenced or otherwise been formally initiated by filing in accordance
with applicable rules of procedure) 49.051 (2015), (applicable if an action or
administrative proceeding has commenced or otherwise been formally initiated by filing
in accordance with applicable rules of procedure) 49.061 (2015), (applicable if an action
or administrative proceeding has commenced or otherwise been formally initiated by
filing in accordance with applicable rules of procedure) 49.071 (2015), (applicable if an
action or administrative proceeding has commenced or otherwise been formally initiated
by filing in accordance with applicable rules of procedure) 49.08-09 (2015), (for non-
foreclosure action proceeding notice(s)) 49.10(1)(a) (2015), (for foreclosure action
proceeding notice(s)) 49..10(c) (2015), and/or pursuant to (II) Florida Statute § 49.11
(2015). Notice constructively served pursuant to such election shall be deemed properly
served for the purpose(s)herein. Actual notice is not required under this Section; and
14. Notice and Service of Process - To Legal Person(s). In the event PETITIONER(s)
comprise(s) a registered business entity, corporate entity, or similar legal person, all
notices, consents, approvals, or other communications to such entity shall be in writing
and shall be deemed properly served if sent by U.S. Postal Service Certified Mail, return
receipt requested, to the mailing address of such entity's Registered Agent as shown in
the public records of the Florida Department of State - Division of Corporations
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(hereinafter "Sunbiz"), or its equivalent agency. Actual notice is not required under this
Section. In the event PETITIONER(s) is/are a legal trust, all notices, consents,
approvals, or other communications to such trust shall be in writing and shall be deemed
properly served if sent by U.S. Postal Service Certified Mail, return receipt requested, to
the mailing address(es) of the property described in Paragraphs 2 and 3 above, and to
such trust's address(es) of record, if any, with the Monroe County Property Appraiser's
Office or its address(es) of record, if any, with the Monroe County Tax Collector's
Office. If, after one (1) unsuccessful attempt (in accordance with the preceding sentence)
by the County to serve notice upon such legal person(s), the County shall, in addition to
the preceding sentence's method of satisfying notice and service of process for the
purposes herein, also be entitled to satisfy this Section's sufficiency of notice and service
of process requirement(s) by subsequent election to serve such notice pursuant to (I)
Florida Statutes §§ 49.011(1)-(2) (2015), 49.011(5) (2015), 49.021 (2015), (applicable if
an action or administrative proceeding has commenced or otherwise been formally
initiated by filing in accordance with applicable rules of procedure) 49.031 (2015),
(applicable if an action or administrative proceeding has commenced or otherwise been
formally initiated by filing in accordance with applicable rules of procedure) 49.041
(2015), (applicable if an action or administrative proceeding has commenced or otherwise
been formally initiated by filing in accordance with applicable rules of procedure) 49.051
(2015), (applicable if an action or administrative proceeding has commenced or otherwise
been formally initiated by filing in accordance with applicable rules of procedure) 49.061
(2015), (applicable if an action or administrative proceeding has commenced or otherwise
been formally initiated by filing in accordance with applicable rules of procedure) 49.071
(2015), (applicable if an action or administrative proceeding has commenced or otherwise
been formally initiated by filing in accordance with applicable rules of procedure) 49.08-
09 (2015), (for non-foreclosure action proceeding notice(s)) 49.10(1)(a) (2015), (for
foreclosure action proceeding notice(s)) 49.10(c) (2015), and/or pursuant to (II) Florida
Statute § 49.11 (2015). Notice constructively served pursuant to such election shall be
deemed properly served for the purpose(s)herein. Actual notice is not required under this
Section; and
15. Default Notice. Unless otherwise provided in this Agreement, in the event of breach
or violation of any provision(s) or term(s) hereunder by PETITIONER(s), the County
shall provide written "Notice of Default" or "Notice of Violation" to the
defaultingPETITIONER(s), and such defaulting PETITIONER(s) shall have the right
to cure such breach(es) or violation(s) within thirty (30) days of receiving notice of such
breach or violation; and
16. Enforcement.
A. In the event of any breach or violation of any condition(s), provision(s), or
term(s) contained herein, the County shall, without liability to the County, have
the right to unilaterally terminate this Agreement, and to proceed at law or in
equity as may be necessary to ensure compliance with the condition(s),
provision(s), or term(s)hereof, remediation thereto, and to otherwise the breach or
violation of any of them, to collect damages, and may enforce this Agreement by
emergency, preliminary, and permanent injunction, including ex parte action and
}
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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 or violation of this Agreement shall, without any
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 or issued permits, approvals, or inspections reliant upon
PETITIONER's full and proper performance of this Agreement, or otherwise
arising from, related to, or in connection with this Agreement, except for those
permits, approvals, and inspections necessary to cure such breach or violation.
County enforcement action(s) thereto shall be at the County's discretion, and
PETITIONER(s) hereby agrees to and shall pay for all costs associated with
such County enforcement action(s). Failure of the PETITIONER(s) 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 County's right to do so
thereafter as to any such violation or breach, and no alleged County waiver or
estoppel of any breach of any condition, provision, or term contained herein shall
be construed as waiver or estoppel of any succeeding breach or violation of the
same condition, provision, or term; and
B. In the event of any suit, action, or proceeding, in law'or in equity, by the
County to enforce the condition(s), provision(s), or term(s) contained herein, if
the County prevails in any such suit, action, or proceeding, on trial or appeal, the
County shall be entitled to reasonable attorney's fees, including trial, appellate,
bankruptcy, and post judgment costs and collection proceedings for the
maintenance or defense of any such suit, action, or proceeding, to be paid by the
losing party(ies) as fixed by the court. Any order or judgment so rendered in favor
of the County in connection with any such suit, action, or proceeding arising out
of, related to, or in connection with this Agreement, shall bear interest at the
highest rate allowed by law. The County may recover reasonable legal and
professional fees attributable to the preparation, administration, and enforcement
of such suit, action, or proceeding, from any person(s) and/or entity(ies) from or
to whom a demand or enforcement request is made, regardless of actual initiation
of a suit, action, or proceeding. These remedies are in addition to any other
remedy, fine, or penalty which may be applicable under including, but not limited
to, Chapters 162, 373, and 403,Florida Statutes; and
C. Cumulative Remedies. In the event of any breach or violation of the
condition(s), provision(s), or term(s) contained herein, the County shall, without
liability to the County, have the right to proceed at law or in equity as may be
necessary to enforce compliance with such conditions, provisions, and terms, to
enjoin activities, construction, maintenance, practices, repairs, and uses non-
compliant with the conditions, provisions, and terms contained herein, and to
otherwise prevent the breach or violation of any of them, to collect damages, and
both authorized and entitled to enforce this Agreement by emergency,
preliminary, and permanent injunction, including by ex parte motion and action
for such injunction(s), it being hereby expressly and specifically agreed that the
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County has no adequate remedy at law, or such other legal method as the County
deems appropriate. All rights and remedies accruing to the County shall be
assignable in whole or in part and be cumulative; that is, the County may pursue
such rights and remedies as the law and this Agreement afford it in whatever
order the County desires and the law permits. The County's resort to any one
law(s) and/or remedy(ies) in advance of any other shall not result in waiver or
compromise of any other law(s) and/or remedy(ies). The PETITIONER(s)
hereby agree(s) to and shall pay for all costs associated with the County's
enforcement action(s)thereto;and
17. Dispute Resolution-Meet-and-Confer Prerequisite. The PETITIONER(s)hereby
agree(s) that as a first condition precedent to his/her/its/their initiation of litigation or
adversarial administrative proceedings against the County in the form of a suit or action
arising out of, related to, or in connection with this Agreement, shall first, prior to the
initiation of such suit or action, attempt to resolve their dispute(s) and disagreement(s) by
a meet-and-confer session between himself/herself/itself/themselves and Monroe County
Planning & Environmental Resources Department staff and counsel to the Monroe
County Planning & Environmental Resources Department. If no resolution can be agreed
upon within thirty (30) days after the occurrence of the aforesaid meet-and-confer
session, such issue(s) shall next(second), as a second condition precedent to the initiation
of such suit or action, be discussed at a public meeting of the Monroe County BOCC
occurring in the same geographic sub-area as the geographic location of this Agreement
(i.e., Upper Keys - Key Largo, Middle Keys - Marathon, Lower Keys - Key West). The
PETITIONER(s) hereby agree(s) that in the event he/she/it/they so initiate such suit or
action without satisfying both of these conditions precedent to their initiation of litigation
or adversarial administrative proceedings against the County, that the County shall be
automatically entitled to an Order granting Grantee's Motion to Dismiss and Florida
Statute § 57.105 (2015) Motion for Sanctions and Attorney's Fee (or, at Grantee's
election (if applicable), their Florida statutory equivalent(s), Federal equivalent(s), or
non-Florida legal equivalent(s)); and
18. Limitation of Liability.
A. In the event of any litigation or adversarial administrative proceedings
concerning the condition(s), provision(s), or term(s) of this Agreement, the
PETITIONER(s) hereby agrees to expressly waive his/her/its/their right to a jury
trial and shall be treated as having expressly waived his/her/its/their right to a jury
trial; and
B. Hold Harmless and Indemnification. The PETITIONER(s) hereby hold(s)
the County harmless from the claims of all persons and entities for action(s),
inaction(s),activity(ies), damage(s), expense(s), proposed or undertaken
construction, development, or similar work, and loss(es)occurring on the property
described in Paragraphs 2 or 3 above, and hereby expressly agrees that the County
shall not be liable for any injury(ies) allegedly caused by the tools, materials, or
equipment used by the PETITIONER(s), its employees or agents, or used by the
PETITIONER's contractor(s), or its (contractor(s)) employees or agents. The
PETITIONER(s) further agree(s) to indemnify and defend the County, its
8
officers, employees, and agents, from any and all claims for bodily injury
(including death), personal injury, business damage(s), property damage, and any
other losses, damages, and expenses (including attorney's fees), allegedly arising
from, related to, or in connection with this Agreement or construction,
development, or similar work undertaken thereto; and
C. Hazardous, Toxic, Radioactive.Substances. The PETITIONER(s) hereby
expressly waives its rights to file or otherwise initiate or pursue any claim(s)
against the County for personal damage or injury, or damage or injury to property,
that is allegedly caused by the allegedly negligent or grossly negligent action or
inaction of the County or an officer, employee, or agent of the County, which
allegedly arises from, was or is related to, or was or is in connection with this
Agreement, or County authorization(s), activity(ies), or inactivity(ies) thereto, and
further holds the County harmless from the claims of all persons for the action(s),
inaction(s), activity(ies), damage(s), expense(s), and loss(es) occurring on the
property described in Paragraphs 2 and 3 above, and further indemnifies the
County for all liability arising from any discovery of hazardous, toxic, or
radioactive substance materials on the property described in Paragraphs 2 and 3
above, and, in the event such material is discovered, the County shall not be
responsible for, and the PETITIONER(s) shall be responsible for, the removal of
such materials following coordination and written approval by the County. The
term(s) "hazardous, toxic, or radioactive substance material" shall mean any
hazardous, toxic, or radioactive substance material, matter, or waste, which is or
becomes regulated by any federal, state, or local law, ordinance, order, rule,
regulation, code, or any other governmental restriction or requirement and shall
include petroleum products and asbestos as well as improper or excessive storage
of or use of common household cleaning and landscaping chemicals, pesticides,
batteries, and the like, and those materials defined as hazardous substance or
hazardous waste in the Comprehensive Environmental Response Compensation
and Liability Act and/or the Resource Conservation and Recovery Act. The
PETITIONER(s) shall immediately notify the County of any discharge or
discovery of any hazardous, toxic, or radioactive waste at, upon, under, or within
the property described in Paragraphs 2 and 3 above, and the PETITIONER(s)
shall, at his/her/its/their cost and expense, comply with all remedial measures
required by any governmental agency having jurisdiction thereto. The
PETITIONER(s) hereby warrant(s), represent(s), and attest(s), that to the best of
his/her/its/their knowledge, the property described in Paragraphs 2 and 3 above
are free of any such waste(s), and the PETITIONER(s) hereby agree(s) that the
County shall not be liable for environmental damages arising from, related to, or
in connection with this Agreement and the property described in Paragraphs 2 and
3 above, and further agree that he/she/it/they shall be exclusively liable for
environmental damages according to the extent made so by law for periods
following the effective date of this Agreement; and
D. The PETITIONER(s) hereby agree(s) that no charge(s) or claim(s) shall be
made by it for any delay(s) or hindrance(s) allegedly attributable to the County
9
during the progress of any portion of or during the effective date of this
Agreement; and
19. No County Compensation or Payment(s). The PETITIONER(s) is and shall be
exclusively and solely responsible for all costs and expenses required or incurred to/in the
completion of any utility relocation project(s) arising from, related to, or in connection
with this Agreement. It is hereby mutually and expressly understood by
PETITIONER(s) and the County that the County shall be responsible for no cost(s) and
shall incur no cost(s) arising from, related to, or in connection with any utility relocation
project(s) arising from, related to, or in connection with this Agreement. It is further
mutually and expressly understood that there are no third-party beneficiaries to this
Agreement, and that no Contractor, or any other person or entity, shall look to the County
for compensation arising from, related to, or in connection with such utility relocation
project(s); and
20. No Waiver. The County shall not be deemed to have waived any rights under this
Agreement unless such waiver has been given within this instrument expressly,
specifically, and unambiguously; and
21. No Personal Liability. The County expressly reserves and in no way shall be deemed
to have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign,
governmental, and any other similar defense, immunity, exemption, or protection against
any suit, cause-of-action, demand, or liability. Further, no covenant, provision, or term of
this Agreement shall be deemed to be a covenant or agreement of any officer, employee,
or agent of the County in his or her individual capacity, and no officer, employee, or
agent of the County shall be liable personally in this Agreement or be subject to any
personal liability or accountability by reason of the execution of this Agreement; and
22. Non-Reliance by Third-Parties. No person(s) or entity(ies) shall be entitled to rely
upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any
third-party claim(s) or entitlement(s) to or benefit(s) of any service(s), term(s), or
program(s) contemplated hereunder; and
23. Authorized Signatory: The signatory(ies) for PETITIONER(s), below, hereby
attest(s), certify(ies), and warrants)that:
A. The PETITIONER's name as set forth in this Agreement is his/her/its/their
full and correct legal name (if a legal person/entity, as designated in its corporate
charter and as formally registered with the State, or, if a trust entity, as designated
in its original trust instrument, as amended).
B. The individual(s) executing this Agreement is/are duly authorized to so act and
execute this Agreement on PETITIONER's behalf.
C. If/As applicable, this Agreement has been duly approved by the
PETITIONER's Board of Directors and/or members, consistent with and
compliant with PETITIONER's Articles of Incorporation, Bylaws, and all
federal, state, and local laws and regulations.
10
D. If PETITIONER(s) comprise(s) a legal person/entity, PETITIONER(s) shall
provide the County with an official list of its current Board of Directors and
managers, a properly executed and notarized corporate resolution approving this
Agreement, a copy of its current Articles of Incorporation (including all
amendments thereto), and a copy of its current Bylaws.
24. Compliance with Laws. The PETITIONER(s) hereby attests that it has and shall
comply with all Articles of Incorporation, Bylaws, laws, ordinances, and governmental
rules and regulations applicable to this Agreement and to construction and/or
development activity(ies) arising from,related to, or in connection with this Agreement at
the property described in Paragraphs 2 and 3 above. The PETITIONER(s) shall obtain
all necessary and/or required permits, approvals, inspections, and authorizations as may
be required by such Articles of Incorporation, Bylaws, laws, ordinances, governmental
rules and regulations, and local, state, and federal governments and agencies; and
25. Jurisdiction, Venue, and Governing Laws. 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.provisions 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 addition to any other remedy, fine, or penalty which may be
applicable under including, but not, limited to, Chapters 162, 373, and 403, Florida
Statutes, and any other action at law or in equity; and
26. Miscellaneous.
A. Financial Responsibility and No Pledge of Credit. The PETITIONER(s)
shall not pledge the County's credit or make it a guarantor of payment or surety
for any contract, debt, obligation, judgment, lien, or any form of indebtedness;
and
B. Duty to Cooperate. Where required under this Agreement or related
agreement(s), the PETITIONER(s) shall cooperate with the County's reasonable
requests regarding the provisions and terms contained herein; and
27. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions. If any
condition, obligation, right, or term of this Agreement, or any portion(s) thereof, is/are
held to be invalid or unenforceable in or by any administrative hearing officer or court of
competent jurisdiction, the invalidity or unenforceability of such condition, obligation,
right, or term, or any portion(s) thereof, shall neither limit nor impair the operation,
enforceability, or validity of any other condition, obligation, right, or term of this
Agreement, or any remaining portion(s) thereof. All such other conditions, obligations,
rights, and terms, and remaining portion(s)thereof shall continue unimpaired in full force
and effect; and
11
28. Captions and Paragraph Headings. Captions and paragraph headings, where used
herein, are inserted for convenience only and are not intended to descriptively limit the
scope and intent of the particular paragraph or text to which they refer; and
29. Authority to Attest. Each party to this Agreement represents and warrants to the
other that the execution, delivery, and performance of this Agreement has been duly
authorized by all necessary corporate and other organizational action, as required; and
30. Binding Effect. The conditions, obligations, provisions, rights, and terms of this
Agreement shall bind and inure to the benefit of the County and PETITIONER(s) and
their respective personal representative(s), successor(s), and assign(s), and all such
conditions, obligations, provisions, rights, and terms shall be construed as running with
the land described in Paragraphs 2 and 3 above such that all subsequent title-holders and
parties in interest to said property(ies) shall be bound by this Agreement and all of its
conditions, obligations, provision, rights, and terms. However, neither this Agreement,
nor any part of it, may be conveyed, assigned, or otherwise transferred by or from the
PETITIONER(s) or its personal representative(s), successor(s), or assign(s), absent
County approval as set forth in this Agreement. Any such transfer absent County
approval as set forth above shall immediately render this Agreement voidable at the
County's election and the County shall not be liable to PETITIONER(s), its personal
representative(s), successor(s), or assign(s), or any third-party(ies), for any damage(s) or
injury(ies) allegedly sustained by the County's lawful election to so void this Agreement
on the basis of such unauthorized transfer (transfer absent County approval as set forth
above); and
31. TO HAVE AND HOLD UNTO THE PARTIES FOREVER.
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 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 .47 day of "16, 1 , 20/-t
WITNESSES TO ALL PETITIONER(S)
k1 ^r_h gfe�An� L BLAKE RUSSELL HILL
Witness 1 (Print Name) Petitioner No. 1 (Print Name)
Itnes No. 1 (Signature) P rtioner N . 1 (Signature)
fMew' /V etr-hh- V650 e /n �( 3 / o26cd
Witness No. 2 (Print Nam Date(Print)
Witness No. 2 (Signature)
12
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument, Right-of-Way Abandonment Agreement for Utility
Relocation,was acknowledged and attested to before me this �/ day of /Ifoct ,
20!d ,by BLAKE RUSSELL HILL,who is personally known to me or produced
as proof of identification and did take an oath.
_: . FRANKUN D.GREENMAN
11
NOTARY Pti
W' ti sTATAIRthra blic(Print Name&Notary No.)
Expir
Notary Public Seal , N tart'Public(Signature)
MONROE COUNTY, FLORIDA
ACCEPTANCE OF RIGHT-OF-WAY ABANDONMENT
AGREEMENT FOR UTILITY RELOCATION
In Witness Whereof, Monroe County hereby accepts this Right-of-Way Abandonment
Agreement for Utility Relocation and executes this instrument on the date set forth below.
For Monroe County, Florida:
First Witness (Print Name) Director of Engineering Services (Print Name)
First Witness (Signature) Director of Engineering Services(Signature)
Second Witness(Print Name) Date(Print)
Second Witness(Signature)
Approved as to Form and Legal Sufficiency by:
Monroe County Attorney's Office
State of Florida
County of Monroe
13
Before me,the undersigned authority,personally appeared
who is personally known to me,or has produced as
identification.
Acknowledged to me this day of ,20 .
Notary Name and Number(Print) Notary Signature and Seal
CONSENT AND JOINDER TO RIGHT-OF-WAY
ABANDONMENT AGREEMENT FOR UTILITY RELOCATION
(If Applicable) 1
FIor1 CICLO S l (L(Cif ,whose address is 100 k.e_�i� d l Dr.,
(Name of tility -mpany/Entity) r�
City of e�5-� , State of"i 0 vi,c ,haying the subject
utility interest;Juch interest being more particularly described as :P_P he 1010
, and, if applicable,such interest having been recorded
at Book ,Page ,and Document Number ,in the Official
Records of Monroe County, Florida,this interest being more particularly legally described as
follows:
Parcel(s)/Lot(s)/Block/Subdivision/Plat Book/Page: LEGAL
DESCRIPTION AS PER DEEDS ATTACHED AS EXHIBT"C"
Key: BIG COPPITT
Approximate Mile Marker:10
Real Estate Number(s): 001121030-000100,00121300-000000, 00121430-
000000, 00121440-000000 and 00121510-000000.
14
. ,
The above-named utility/entity hereby consents and joins in the foregoing Right-of-Way,,OD l(J v Abandonment Agreement for Utility Relocation,executed at i[ fe �'-- ,
)
VJ?-ST. , on the date indicated below. (Place of Exec
(Place OExecution)
IN WITNESS WHEREOF, the above-described utility/entity hereby executes this Consent and
Joinder to Right-of-Way Abandonment Agreement for Utility Relocation.
Jane- 'C �l iayr'c,a x Kiel.s Ilqa(c c4- 1-uki-Isar'.4 (
Witness No. 1 (Print Name) Utility's Name/Entity's I4ame(Print Name)
r .,L/Ik-e+ &LILT -K.,,r- k C. Zu d(2kl
\ itness No. 1 (Signature) Authorized Official on Behalf of Utility/Entity
(Print Name)
0 with s No. 2 (Print Name) QC ,c,---,-
/� Authori ial on Behalf of Utility/Entity
l/�� (Signa re)
Witness o. (Signature)
[The remainder of this page has been intentionally left blank.]
15
r-
e c4o-
Authorized Official Capacity to Execute on
Behalf of Utility/Entity(Print Title of Authorized
Capacity/Position)1o0 (4n_ned D ., -Kr' liesi- 3DL(-t)
Utility's/Entity's Principal Mailing Address
(Print)
k C 7 tk h
Utility's/Entity's Registered Agent(Print Name)
100 C 1er r eeL 1 Jr. . es- FL 330ke
Utility's/Entity's Registers Age is Mailing
Address(Print)
3�aq /9,01Lo
Date(Print)
STATE OF P ( ov: a a
COUNTY OF I k0►)Yoe
The foregoing Consent and Joinder to Right-of-Way Abandonment Agreement for Utility
Relocation, wad ackknow�ledged and attested before me this , q 4"-' day of M Ova- ,
20 (.(� , by �.r � Z LL-d.c H , who is personally known to me or
produced as proof of identification and did take an oath.
JANET E.COLEY
:.; 5:E. MY COMMISSION#EE839443 Notary Public(Print Name&Notary No.)
EXPIRES:January 29,2017
''Z,Pf;;;;;V Bonded Thru Notary Public Uodetwritets
Notary Public Seal Nytary Public(Signature)
J
16
JOINDER OF MORTGAGEE TO RIGHT-OF-WAY
ABANDONMENT AGREEMENT FOR UTILITY RELOCATION
N\ (If Applicable)
. ,whose address is , City of
(Name of Mortgagee)
N , State of ,having-a record interest,
more particularly describe'"as being the owner and holder of a mortgage-dated
, in-the original principal amount of$ / ,
given by N` ("Mortgagee(s)"), to /
("Mortgagoe(s)"), encumbering the real:property described in that
mortgage, which is recorded in Book `'.. , Page / , and Document Number
, in the Official Records of Monroe County/Florida, and together with that
certain Assignment recorded in , Page /, and Document Number
, in the Official Records of Monroe C`unty, Florida, and together with that
certain Modification recorded in , Page /N , and Document Number
, in the Official Records of 1\ nroe NCounty, Florida (said mortgage,
assignment, and modification are hereinafter referred to as the"Mortgage"), in the lands
described in the Right-of-Way Abandonment/Agreement for Utility Relocation between
Mortgagee(s) and Monroe County, Florida, ,Mortgagee hereby consents and joins in the
foregoing Right-of-Way Abandonment Agreement for Utility Relocation, executed at
/ , on the date indicated below.
(Place of Execution) ,/ \
IN WITNESS WHEREOF, Mortgagee grants this Joinder and executed this instrument onithe
date set forth below. '� �N
r
Witness No. 1 (Print Name) " Mortgagee(Print Name)
i
Witness No. 1 (Signature)/ Mortgagee(Signature)
i
Witness No. 2 (Print/Name) Authorized Official Capacity(Director,
/ Officer, Trustee, or other Authorized
Official (Print Title of Authorized Capacity/
Witness No. 2/(Signature) Position))
/ Date(Print)
[The remainder of this page has been intentionally left blank.]
17
STATE OF
COUNTY OF
The foregoing instrument, Joinder of Mortgagee to Right-of-Way Abandonment
Agreement for Utility Relocation , was acknowledged before me this day of
, 20 , by , who is personally
known to me or produced as proof of identification and did take
an oath.
Notary Public(Print Name and Notary No.)
Notary Public Seal .Notary Public(Signature)
18
PETITIONER(S)AFFIDAVIT OF NO ENCUMBRANCES
1. WHEREAS,Uwe BLAKE RUSSELL HILL, the PETITIONER(s), is/are the sole
fee simple title owner(s) of the certain below-described real property located in Monroe
County, Florida,having a legal description as follows and which is shown on attached
Exhibit"C,"which is hereby incorporated as if fully stated herein:
Parcel(s)/Lot(s)/Block: Please see attached Exhibit"C"
Subdivision: N/A
Key: Big Coppitt Plat Book: Page: N/A
Approximate Mile Marker: 10
Real Estate Number(s): 001121030-000100, 00121300-000000, 00121430-
000000, 00121440-000000 and 00121510-000000.
2. WHEREAS, it is true and correct that as of this date no liens, loans,mortgage
encumbrances, or non-mortgage encumbrances, other than those in which Joinder(s)have
been executed and submitted for this Right-of-Way Abandonment Agreement for Utility
Relocation, currently encumber the above legally described real property; and
3. NOW,THEREFORE, the undersigned PETITIONER(s)hereby states that the
above legally described property is free of all liens, loans,mortgage encumbrances, and
non-mortgage encumbrances at this time, other than those in which Joinder(s)have been
executed and submitted as part of this Right-of-Way Abandonment Agreement for Utility
Relocation.
EXECUTED ON THIS day of, 20/i .
WITNESSES TO ALL PETITIONER(S)
.-fC/4/,_b BLAKE RUSSEL HILL
Witness (Print Name) Petitioner No. 1 (Print Name)�
k
itness No. 1 (Signature) P i loner o. 1 (Signature)
I'v r'i l a \-1-ti11.-r/`_e uC- /h4��< 3 . ‘e
Witness No. 2 (Print Name) Date(Print)
Witn s No. 2 (Signature)
80 Ed Swift Road, Key West, FL 33040
Non-Entity Owner's/Non-Entity Owners'
Principal Mailing Address(Print)
19
Entity Owner-Mailing Address (Print)
Entity Owner-Registered Agent Name
(Print)
Entity Owner-Registered Agent Mailing
Address(Print)
Witness No. 1 (Print Name) Petitioner No. 2 (Print Name)
Witness No. 1 (Signature) Petitioner No. 2(Signature)
Witness No. 2 (Print Name) Date(Print)
Witness No. 2 (Signature)
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument, Right-of-Way Abandonment Agreement for Utility
Relocation, was acknowledged before me this '3 day of %n-an eL , 20 l , by
sse(l A-(:.(l , who is personally known to me or produced
as proof of identification and id take an oath, and by
, who is personally known to me or produced
as proof of identification and did take an oath.
otary Public(Print Name and Notary No.)
• FRANKUN D.GREENMAN
NOTARY PUBLIC
Notary Public Seal Not il!'1". • DA
1
A Expires 8/13/2018
20
.1.RobjDeant
Florida Keys o Chairmn
3
4111111A
' Antoinette M.Appell
._ r . Aqueduct Authority D� Vice-Chairman
��- District 4
1100 Kennedy Drive
Key West, Florida 33040 Brian L. Barroso
Telephone (305)296-2454 Secretary/Treasurer
ww w .fkaa.com ' �"' District 1
, Melva G.Wagner
y' 9 U ; d District 2
: . . David Ritz
District 5
Kirk Zuelch
Executive Director
June 27,20I4
David De Haas
88975 Overseas.Hwy.
Tavernier,FL 33070
Dear Mr.DeHaas:
RE: Abandon a portion of Ed Swift Road,Big Coppitt Key,FL described as: A parcel of land,being
a portion of Ed Swift Road, in a part of Government Lot 2, Section 22 Township 67 South,Range
26 east,on Big Coppitt Key,Monroe County,FL
The FKAA Board of Directors approved at the June 25,2014 meeting,the above referenced project.
Pursuant to your request,staff has completed your request and the FKAA have no objection to the
abandonment of Ed Swift Road,Big.Coppitt Key,FL as described above. The FKAA has a water main
with flush-out,water meters,sewer main with manhole and clean-outs located within the area of
requested abandonment,the owner has agreed to pay for utilities to be relocated at his expense. Work
will require a Utility permit prior to performing any work on FKAA utilities.
Should you have any questions,please do not hesitate to call this office.
Sincerely,
FLORIDA KEYS AQUEDUCT AUTHORITY
Mamie Walterson
Distribution Design Supervisor
MW/cma
•
C: Robert Feldman,General Counsel RECEIVED
Roy Coley,Operations Department Director
Key West Customer Service Office • $EP —$ 20I$
Monroe County Building Department
EXHIBIT MONROE CO_PLANNING DEPT
•
•
Boundary Survey Map of part of Gov't Lot 2,
Section 22, Township 67 South, Range 26 East
to illustrate legal description
authored by the undersigned
(Northerly shoreline of Big Coppitt Key)
\�� may of Florida
:r ?44.53'
T. F..I. Deed
\ No. 22371 i
` Apparent Mean High Water Lino _
�--
Owner: Blake Russell Hill + i. onerete
Official Record Book 2649 Lost Seawall
Pages 680 thru 686 "" 23.00'm,ii
1 ��� 1, ( 5V(r)
"acant" ��.
Allf1�' , 1.0 Gear
°' ° P Lof80
1117 m 0.4'coar 1�03'
�/5
. /f 55'(r)
N
ti oac4 pYp
n
02 co 2 I a I°0 o air
m-e�
meg <'° olir'
' ;/ oLof 78 itt '�ry / Vacant" i� •$, hNti OOC rJ/ Oebo
u
00
40,
di'(,) OOR
q et% i
CZ
) I
V °t A I' 1J } Lof 76D.B'Ceeoo ; 1.2'Gaw
'Vacant" lll •:-�I
.•V• 55'(r)
Paint of Beginning "I' 2 oo ;
m) , NOlE: KEYS ENERGY POLE
es� BC12-7-1-J9 IglFI GUIDE
Y I LNE ANCHOR SHALL MINN
LEGEND
€ Found 2"Iron Pipe (Fence Post)
0 Set 3/4'Iron Pipe w/cap (6298)
• Found 1/2"Iron Rod(2863)
3 ♦ Found Nail&Disc (PTS)
.1 t• A Set Nail& Disc (6298)
East 65.00'(m) I (M) Measured
(R) Record
o (M/R) Measured&Record
t�H E C.B.S. Concrete Block Structure
_ n' (sr
of Commencing R\W Right of Way
y sE Comer Cart. Lel 3
West I CIF Chain fink Fence
15.00' € Centerline
(m)
® Wood Utility Pole
® Concrete Utility Pole
-P- Overhead Utility Lines
tB Fire Hydrant
12 Sewer Cleanout
8 Water Meter
i i Manhole
- 1.4 Water Valve
I 11}1 Spot Elevation (Typical)
RECEIVED
JUL -8 7014 Sheet One of Two Sheets
NOTE .201`f-o!< J. LYNN O'FLYNN, Inc.
This Survey Mop is not tlONROE CO PLANNING DEPT
full and complete without Pro1i°O"0asu yea a °0D'r
the attached Survey Report.
_ 3430 Duck Ave., Kay West, Ft.33040
EXHIBIT (505)206-7422 FAX(505)256-2244
Boundary Survey Report of part of Gov't Lot 2,
Section 22, Township 67 South, Range 2G East
to illustrate legal description
authored by the undersigned
NOTES:
1. The legal description shown hereon was authored by the undersigned.
2. Underground foundations and utilities were not located.
3. All angles are 90'(Measured & Record) unless otherwise noted.
4. Street address: Ed Swift Road, Big Coppitt Key, FL.
5. This survey is not valid without the signature and the original raised seal of a
Florida licensed surveyor and mapper.
6. Lands shown hereon were not abstracted for rights-of-way, easements, ownership,
or other instruments of record.
7. Bearings are assumed and based on the WV R/W line of Ed Swift Road as North-South.
8. Date of field work: April 6, 2013.
9. Ownership of fences is undeterminable, unless otherwise noted.
10. The Survey Report is not full and complete without the attached Survey Map.
11. The "Apparent Mean High Water Line"shown hereon does not purport to establish
the actual Mean High Water Line for tidal boundary purposes.
12. Elevations are shown in parenthesis and refer to Mean Sea Level, N.G.V.D. 1929 Datum.
13. Benchmark utilized: MON 3
BOUNDARY SURVEY OF: A parcel of land, being a portion of Ed Swift Road, in a part
of Government Lot 2, Section 22, Township 67 South, Range 26 East, on Big Coppitt
Key, Monroe County, Florida and being more particularly described as follows:
Commencing at the Southeast corner of Government Lot 3, Section 22, Township 67
South, Range 26 East, bear West for a distance of 15 feet to a point; thence bear
North for a distance of 1291.20 feet to a point; thence bear East for a distance of
65 feet; thence bear North for a distance of 108.00 feet to the Point of Beginning;
thence continue bearing North along the previously described course and along the
Westerly right of way line of Ed Swift Road for a distance of 105.00 feet to the
Northerly right of way line of the said Ed Swift Road; thence bear East and along the
said Northerly right of way line of the Ed Swift Road for a distance of 23.00 feet to
the Northwesterly corner of Lot No. 80, according to a survey of BIG COPPI7T TRAILER
PARK, Big Coppitt Key, Monroe County, Florida, by C.G. Bailey, Surveyor, dated
September 1, 1958; thence bear South and along the Easterly right of way line of Ed
Swift Road.for a distance of 105.00 feet to the Southwesterly corner of Lot 76 of the
said BIG COPPI7T TRAILER PARK; thence bear West for a distance of 23.00 feet back to
the Point of Beginning.
BOUNDARY SURVEY FOR: Blake Russell Hill;
J. • N, INC.
THIS SURVEY
J. L 0 Flynn, PSM IS NOT
Florida Reg. 616298 ASSIGNABLE
October 29, 2013
Revised 4-21-14 to add note
RECEIVED
Sheet Two of Two Sheets
JUL8 2011 J. LYNN O'FLYNN, Inc.
aa•t -o//
MONROE CO PLANNING DEPT Profs/Wand Surveyor&Yapper
3430 Duck Ave.,Key West, FL 33040
(395)296-7422 FAX(305)296-2244
PREP
RICHARD M.K AND NICK, TO: Doct3 1928393 04�12�2013 2:38PM
RiCHARDM.KLITENICK,FSQ. Filed 8 Recorded in Official Records of
RICHARDM.KLITENIC,K,P.A. MONROE COUNTY AMY HEAVILIN
1009 SIMONTON STREET
KEY WEST,FL 33040
305-292-4101
FILE NUMBER:RE13-015 04/12/2013T(�M2:38PM M7 RECORDING FEE:$27.00 $4,900.00
DOCUMENTARY STAMPS PAID:$4,900.00
[Space above this line for recording data] Doely 1928393
BkRI 2622 PO 2093
',WARRANTY DEED
THIS WARRANTY DEED is made on this a day of April, 2013, between MICHAEL W. BAIER, a married man,
INDIVIDUALLY and as TRUSTEE of the MICHAEL W.BALER DECLARATION of TRUST dated MAY 18, 2000,
whose address is 219 Olivia Street, Key West, FL 33040 (hereinafter referred to as `Grantor"), and BLAKE RUSSELL
HILL,a married man,whose address is 4584 Wood Duck Point,York,SC 29745(hereinafter referred to as"Grantee").
(Whenever used herein the terms'Grantor'and'Grantee'include all the parties to this instrument and the heirs,legal representatives,and assigns of
individuals,and the successors and assigns of corporations,trusts and trustees)
Witnesseth, that said Grantor, for and in consideration of the sum of SEVEN HUNDRED THOUSAND 6 00/100rI's
DOLLARS($700,000.00)and other good and valuable consideration to said Grantor in hand paid by said Grantee,the receipt
whereof is hereby acknowledged, has granted, bargained, and sold to the said Grantee, and Grantee's heirs and assigns
forever,the following described land,situate,lying and being in Monroe County,Florida,with the street address of 80 Ed
Swift Road(&adjoining lots&Baybottom),Big Coppitt Key,FL 33040,and more particularly described as:
LOT NO.: 76 ACCORDING TO A SURVEY OF BIG COPPITT TRAILER,PARK, BIG COPPITT KEY, MONROE COUNTY,
FLORIDA, BY C.G.BAILEY, SURVEYOR. DATED SEPTEMBER I,1958,AND BEING A PARCEL OF LAND IN A PART OF
GOVERNMENT LOT 2, SECTION 22, TOWNSHIP 67 SOUTH, RANGE 26 EAST, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT 3, SECTION 22,
TOWNSHIP 67 SOUTH, RANGE 26 EAST, BEAR EAST FOR A DISTANCE OF 128 FEET TO A POINT; THENCE BEAR
NORTH FOR A DISTANCE OF 1399.20 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREINAFTER
DESCRIBED; FROM SAID POINT OF BEGINNING, CONTINUE BEARING NORTH FOR A DISTANCE OF 35 FEET TO A
POINT;THENCE BEAR NEST FOR A DISTANCE OF 55 FEET TO A POINT;THENCE BEAR SOUTH FOR A DISTANCE OF
35 FEET TO A POINT;THENCE BEAR EAST FOR A DISTANCE OF 55 FEET,BACK TO THE POINT OF BEGINNING.
AND ALSO
LOT#78 AND#80 ACCORDING TO A SURVEY OF BIG COPPITT TRAILER PARK,BIG COPPITT KEY,MONROE COUNTY,
FLORIDA,BY C.G. BAILEY, SURVEYOR, DATED SEPTEMBER 1,1958,AND BEING A PARCEL OF LAND IN A PART OF
GOVERNMENT LOT 2, SECTION 22, TOWNSHIP 67 SOUTH, RANGE 26 EAST AND THE EAST 55" OF THE LANDS
DESCRIBED IN TRUSTEES OF THE INTERNAL IMPROVEMENT FUND DEED NO.22371 AND RECORDED IN OFFICIAL
RECORD BOOK 175 AT PAGE 58 OF THE PUBLIC RECORDS OF MONROE COUNTY,FLORIDA.SAID LOTS 78 AND So
BEING MORE PARTICULARLY DESCRIBED IN THAT CERTAIN WARRANTY DEED FROM EDITH PAYNE,A WIDOW;
MARY MELLON PAYNE CLARK,JOINED BY HER HUSBAND,C.B.CLARK;JR..AND RUEBEN S. PAYNE,JR.,JOINED BY
HIS WIFE,ELINOR P.PAYNE,DATED APRIL 7,1964,FILED FOR RECORD SEPTEMBER 30,1964 IN OFFICIAL RECORD
BOOK 322,PAGES 222-226 OF THE PUBLIC RECORDS OF MONROE COUNTY,TO—WIT;
LOT NO. 78, ACCORDING TO A SURVEY OF BIG COPPITT TRAILER PARK, BIG COPPITT KEY, MONROE COUNTY,
FLORIDA, BY C.G.BAILEY,SURVEYOR, DATED SEPTEMBER 1, 1958,AND BEING A PARCEL OF LAND IN A PART OF
GOVERNMENT LOT 2, SECTION 22, TOWNSHIP 67 SOUTH, RANGE 26 EAST, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:COMMENCING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT 3,BEAR EAST FOR A
DISTANCE OF 128 FEET TO A POINT;THENCE BEAR NORTH FOR A DISTANCE OF 1434.20 FEET TO THE POINT OF
BEGINNING OF THE PARCEL OF LAND HEREINAFTER DESCRIBED;FROM SAID POINT OF BEGINNING,CONTINUE
BEARING NORTH FOR A DISTANCE OF 35 FEET TO A POINT;THENCE BEAR WEST FOR A DISTANCE OF 55 FEET TO A
POINT;THENCE BEAR SOUTH FOR A DISTANCE OF 35 FEET TO A POINT;THENCE BEAR EAST FOR A DISTANCE OF 55
FEET,BACK TO THE POINT OF BEGINNING.
AND ALSO:
LOT NO. 80, ACCORDING TO A SURVEY OF BIG COPP ITT TRAILER PARK,BIG COPPITT KEY, MONROE COUNTY,
FLORIDA, BY C.G.BAILEY,SURVEYOR, DATED SEPTEMBER 1,1958,AND BEING A PARCEL OF LAND IN A PART OF
GOVERNMENT LOT 2, SECTION 22, TOWNSHIP 67 SOUTH, RANGE 26 EAST, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:COMMENCING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT 3,BEAR EAST FOR A
DISTANCE OF 128 FEET TO A POINT;THENCE BEAR NORTH FOR A DISTANCE OF 1469.20 FEET TO THE POINT OF
- B1lER TRUST TOHILL EXHIBIT
WARRANTY DEED
P.9GL•1 OF3
3
Dock 1928393
Bkil 2622 PO 2094
BEGINNING OF THE PARCEL OF LAND HEREINAFTER DESCRIBED;FROM SAID POINT OF BEGINNING,CONTINUE
BEARING NORTH FOR A DISTANCE OF 35 FEET TO A POINT;THENCE BEAR WEST FOR A DISTANCE OF 55 FEET TO A
POINT;THENCE BEAR SOUTH FOR A DISTANCE OF 35 FEET TO A POINT;THENCE BEAR FAST FOR A DISTANCE OF 55
FEET,BACK TO THE POINT OF BEGINNING.
A PARCEL OF LAND ON BIG COPPITT KEY,AND KNOWN AS A PART OF TRACT B,OF SIMILAR SOUND SECTION A
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, PAGE 126 OF THE PUBLIC RECORDS OF
MONROE COUNTY,FLORIDA,SAID PARCEL.BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
COMMENCING AT THE SOUTI-IFAST CORNER OF GOVERNMENT LOT 3,SECTION 22,TOWNSHIP 67 SOUTH,RANGE
26 EAST, BEAR DUE EAST FOR A DISTANCE OF 128.00 FEET TO A POINT; THENCE BEAR NORTH AND AT RIGHT
ANGLES FOR A DISTANCE OF 1399.20 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREINAFTER
DESCRIBED;THENCE BEAR EAST AND AT RIGHT ANGLES FOR A DISTANCE OF 5.00 FEET TO A POINT;THENCE BEAR
NORTH AND AT RIGHT ANGLES FOR A DISTANCE OF 125 FEET, MORE OR LESS TO THE N'LY LINE OF THE SAID
TRACT B AND THE APPROXIMATE SHORELINE OF AN EXISTING BAY AS SHOWN ON SAID PLAT BOOK 3 PAGE 1126;
THENCE BEAR WEST AND AT RIGHT ANGLES ALONG THE N'LY BOUNDARY LINE OF THE SAID TRACT B AND THE
SAID APPROXIMATE SHORELINE FOR A DISTANCE OF 5.00 FEET TO THE NW'LY CORNER OF THE SAID TRACT B;
THENCE BEAR SOUTH AND AT RIGHT ANGLES ALONG THE W'LY BOUNDARY LINE OF THE SAID TRACT.B FOR A
DISTANCE OF 125 FEET,MORE OR LESS,BACK TO THE POINT OF BEGINNING.
LOT A
A PARCEL OF LAND IN A PART OF GOVERNMENT LOT 2,SECTION 22,TOWNSHIP 67 SOUTH,RANGE 26 EAST,ON
BIG COPPITT KEY, MONROE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT 3,SECTION 22,TOWNSHIP 67 SOUTH,RANGE
26 EAST,BEAR WEST FOR A DISTANCE OF 15 FEET TO A POINT;THENCE BFAR NORTH FOR A DISTANCE OF 1291.20
FEET TO A POINT;THENCE BEAR.FAST FOR A DISTANCE OF 65 FEET;THENCE BEAR NORTH FOR A DISTANCE OF 85
FEET TO THE POINT OF BEGINNING;CONTINUE BEARING NORTH FOR A DISTANCE OF 52.50 FEET TO A POINT;
THENCE BEAR WEST FOR A DISTANCE OF 43.70 FEET TO AN EXISTING CANAL;THENCE S 88° 54' 32" W FOR A
DISTANCE OF 52.51 FEET;THENCE AT AN ANGLE OF 88°54'32"TO THE RIGHT FOR A DISTANCE OF 44.70 FEET BACK
TO THE POINT OF BEGINNING.
LOT B
A PARCEL OF LAND IN A PART OF GOVERNMENT LOT 3,AND A PART OF GOVERNMENT LOT 2,ALL IN SECTION 22,
TOWNSHIP 67 SOUTH, RANGE 26 EAST, ON BIG COPPITT KEY, MONROE COUNTY;FLORIDA, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:COMMENCING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT 3,
SECTION 22, TOWNSHIP 67 SOUTH, RANGE 26 EAST, BEAR WEST FOR A DISTANCE OF 15 FEET; THENCE BEAR
NORTH FOR A DISTANCE OF 1291.20 FEET TO A POINT;THENCE BEAR EAST FOR A DISTANCE OF 65 FEET;THENCE
BEAR NORTH FOR A DISTANCE OF 137.50 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE BEARING
NORTH FOR A DISTANCE OF 52.50 FEET TO A POINT;THENCE BEAR WEST FOR A DISTANCE OF 45.50 FEET TO AN
EXISTING CANAL;THENCE S 88"02'11"W FOR A DISTANCE OF 52.53 FEET;THENCE AT AN ANGLE OF 91'57'49"TO
THE RIGHT FOR A DISTANCE OF'43.70 FEET BACK TO THE POINT OF BEGINNING.
THE EASTERLY 144.53 FEET OF A PARCEL OF LAND ANT.)BAY BOTTOM AS RECORDED IN O.R.BOOK 175,PAGE 58 OF
THE PUBLIC RECORDS OF MONROE COUNTY AS FOLLOWS:A PARCEL OF LAND LOCATED NORTHERLY OF AND
ADJACENT TO LOT 29,GULF VIEW SUBDIVISION AS RECORDED IN PLAT BOOK 3,AT PAGE 17,MONROE COUNTY
OFFICIAL RECORDS AND THE WESTERLY 128 FEET OF GOVERNMENT LOT 2,SECTION 22,TOWNSHIP 67 SOUTH,
RANGE 26 EAST, BIG COPPITT KEY, MONROE COUNTY, FLORIDA AND IS MORE PARTICULARLY DESCRIBED AS
FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF LOT 29 ACCORDING TO SAID PLAT OF GULF VIEW;THENCE
NORTH 140 FEET,MORE OR LESS,TO A POINT;THENCE NORTH 840 00'EAST A DISTANCE OF 279.53 FEEL TO THE
NORTHWEST CORNER OF THAT CERTAIN PARCEL OF SUBMERGED LAND DESCRIBED IN TRUSTEES I.I.F.DEED NO.
21766;THENCE SOUTH ALONG THE WEST LINE OF SAID CERTAIN PARCEL OF SUBMERGED IAND A DISTANCE OF
200 FEET TO A POINT IN THE NORTHERLY SHORELINE OF BIG COPPITT KEY; THENCE WESTERLY ALONG THE
MEANDERS OF SAID NORTHERLY SHORELIiNE A DISTANCE OF 280 FEET,MORE OR LESS, BACK TO THE PINT OF
BEGINNING.
PARCEL IDENTIFICATION NUMBER:00121040-000101;ALTERNATE KEY("AK")NO.:1154709;AND,
PARCEL IDENTIFICATION NUMBER:00121300-000000;ALTERNATE KEY("AK")NO.:1155021;AND,
PARCEL IDENTIFICATION NUMBER:00121430-000000;ALTERNATE KEY("AK")NO.:1155225;AND,
PARCEL IDENTIFICATION NUMBER:00121440-000000;ALTERNATE KEY("AK")NO.:1155233;AND,
PARCEL IDENTIFICATION NUMBER:00121030-000100;ALTERNATE KEY("AK")NO.:8692943;
SUBJECT TO CONDITIONS AND RESTRICTIONS OF RECORD,IF ANY;HOW EVER,THIS DEED SHALL NOT OPERATE TO RE-IMPOSE
THE SAME
SUBJECT TO: TAXES FOR T11E YEAR 2013 AND SUBSEQUENT YEARS
B.4/L•R TRUST ToHILL
WARRANTY DEED �)
PAGE2oF3 y
Decti 1928393
BIM 2622 Pgq 2095
GRANTOR,MICHAEL W.BAIER,WARRANTS THAT AT THE TIME OF THIS CONVEYANCE,THE SUBJECT PROPERTY IS NOT •
HIS HOMESTEAD Wrrinr: THE MEANING SET•FORTH IN THE CONSTITUTION OF THE STATE OF FLORIDA, NOR IS IT
CONTIGUOUS TO OR A PART OF HIS HOMESTEAD PROPERTY.GRANTOR'S RESIDENCE AND HOMESTEAD ADDRESS IS 219 OLIVIA
STREET,KEY WEST,FL 33040.
Together with all the tenements,hereditaments and appurtenances thereto belonging or in anywise appertaining.
To Have and to Hold,the same in fee simple forever.
And the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple;that
the Grantor has good right and lawful authority to sell and convey said land;that the Grantor hereby fully warrants the
title to said land and will defend the same against the lawful claims of all persons whomsoever;and that said land is free of
all encumbrances,except taxes accruing subsequent to December 31,2012,and those items listed above.
In Witness Whereof,Grantor has hereunto,set Grantor' hand and seal the day and year first above written.
Signed,sealed and delivered in our presence: ,.� 16- I
72, ti
Witnessr I sisignatureMICHAEL BALER INDIVIDUALLY
i i 17 � d i t if S
Witness# s' nature MICHAEL W:BAIER as TRUSTEE of the
Print nam . /,'Q,<t/ MICHAEL W.BAIER DECLARATION of
TRUST dated MAY 18,2000
STATE OF IVIASSACHUSETTS
COUNTY OF BERKSHIRE
I HEREBY CERTIFY that on this}lay personally appeared before me,an officer duly authorized to admipister
o,the and take acknowledgements MICHAEL W.BAIER,who is personally known to me,or who produced it(fc" ck%—=
Ltk,-1< + V-A) - as identification, to be the same person who is the named Grantor described in the
foregoing Warranty Deed,and he acknowledged to me that he executed the same freely and voluntarily for the purposes
therein expressed,with all requisite authority on behalf of the Trust.
WITNESS my hand and official seal at Lenox,Berkshire County,Massachusetts on this !_cy/4day of April,2013.
-u A- O ?L
(STAMP/SEAL) I votary ublic-State of MA
Commis4ion Expires:
"i�latary p b lc
Lori A. Robbins
Commonwealth alth of Mass^r8I1$
4 „. .::a:eri .,n E uas al Sect 19
2014
arER TRUST TO HILL I1ONROE COUNTYI
WARRANTY DEED OFFICIAL RECORDS
PAGE 3oF3
Donn 2010224 12/24/2014 3:27P11
Filed d Recorded in Official Records aF
MONROE COUNTY RMY HERVILIN
Prepared by and return to:
True Title Agency,Inc. 12/24/2014 3:27P11
PO Box 420321 DEED DOC STAMP CL: Krys S875.00
Summerland Key,FL 33042
305-872-4005 Doett 2010224
File Number: 2014-267 Bkp 2718 Pgtt 161
Parcel Identification No.00121510-000000
[Space Above This Line For Recording Data]
Warranty Deed 125'` �`'''�''
(STATUTORY FORM-SECTION 689.02,F.S.)
This Indenture made this 22nd day of December,2014 between Melvin Donald Ellington;a single man,f/k/a Melvin
Donald Jenkins whose post office address is 76 Palm Drive,Key West,FL 33040 of the County of Monroe,State of
Florida,grantor`,and Blake Russell Hill whose post office address is 4584 Wood Duck Point,York,SC 29745 of the
County of York,State of South Carolina,grantee*,
Witnesseth,that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS(SI0.00)and other
good and valuable considerations to said grantor in hand paid by said grantee,the receipt whereof is hereby acknowledged,
has granted,bargained,and sold to the said grantee,and grantee's heirs and assigns forever,the following described land,
situate,lying and being in Monroe County Florida,to-wit: -
Lot No.71, according to a survey of BIC COPPITT TRAILER PARK, Big Coppitt Key,Monroe
County,Florida,by C.G.Bailey,Surveyor,dated September 1,1958,and being a parcel of land in a
part of Government Lot 3,and part of Government Lot 2,all in Section 22,Township 67 South,
Range 26 East, and being more particularly described by metes and bounds as follows:
COMMENCING at the Southeast corner of Government Lot 3,bear West for a distance of 15 feet to
a point;thence bear North for a distance of 1291.20 feet to a point;thence bear East for a distance of
65 feet to a point;thence bear North for a distance of 42.5 feet to the Point of Beginning of the parcel
of land hereinafter described,from said Point of Beginning,continue North for a distance of 42.5 feet
to a point; thence bear West for a distance of 44.70 feet to a canal; thence bear South along said
canal for a distance of 42.5 feet to a point;thence bear East for a distance of 47.5 feet back to the
Point of Beginning.
Subject to taxes for 2014 and subsequent years; covenants, conditions, restrictions, easements,
reservations and limitations of record,if any.
Together with that certain Mobile Home Illtt 23554203; Year 1954; Make SPARTA; Title It
13141737
and said grantor does hereby fully warrant the title to said land,and will defend the same against lawful claims of all persons
whomsoever.
•"Grantor'and'Grantee"arc used for singular or plural,as context requires.
In Witness Whereof,grantor has hereunto set grantor's hand and seal the day and year first above written.
Signed,sealed and delivered in our presence:
Witness N e /1/C1-1(WA F.fcE7.D vin Dona d Ili n
•
Witness Name: 5 .CLJc=u.t.)G—�Clc�u L CS
State of Florida
County of Monroe
The foregoing instrument was acknowledged before me this 22. ay of December,2014 by Melvin Donald Ellington,who
[J is personally known or[X]has produced a driver's license as id!L"f�l stiiffiicationn..• /�,
- -4 �//�'G6il�ln
[Notary Seal] wary Pub(
Printed Name:
:4•;:rye; RCHARDJ.FIELDER
MYCOYMISSIONrFFW511t My Commission Expires:
a€ EXPIRES:June 11,2017 •
itq..11t, Bonded Tenn tbtary AkrcUMeMten
MONROE COUNTY DoubloTlmen
OFFICIAL RECORDS
NOTARIAL ATTESTATION
STATE OF FLORIDA
COUNTY OF MONROE
41-
On this /3 - of May 2016, I attest that the attached document is a true, exact, complete,
and unaltered photocopy made by me of the Right of Way Agreement for Utility Relocation,
notarized by me on March 29th 1016 and Petitioner's Affidavit of No Encumbrances notarized by
me on March 3,2016 and presented to me by the document's custodian, Blake Russell Hill , and,
to the best of my knowledge, that the photocopied document is neither a vita record nor a public
record, certified copies of which are available from an official sours t than a notary public.
ranklin D. Greenman
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this / clay of May, 2016 by Franklin
D. Greenman, who is personally known tome or who has produced as
Identification.
NOTARY PUBLIC, STATE OF FLORIDA
Printed Name:
My Commission Expires: ,.out Mari Martin-Vegue
? oh ,•�" COMMISSION I FF185477
r - EXPIRES:December 28,2018
�''� ���. , WWW.AARONNDTARY.COM
C-RReturn to:
Monroe County
Planning&Environmental Resources Department
2798 Overseas Highway, Suite 400
Marathon,FL 33050
Prepared by:Franklin D.Greenman
5800 Overseas Highway,Ste 41
Marathon,FL 33050
Space Above This Line For Recording
RIGHT-OF-WAY ABANDONMENT AGREEMENT FOR UTILITY RELOCATION
This Agreement entered into this i- day of March, 2016 , by BLAKE RUSSELL
HILL PETITIONER(s)/PROPERTY OWNER(s) (hereinafter"PETITIONER(s)"); and
WHEREAS, Monroe County Code (hereinafter "Code") Section 19-1 (2015) authorizes,
in certain circumstances, abandonment of a County right-of-way; and
WHEREAS, Code Section 19-1 (2015) provides, in relevant part, that"No right-of-way
shall be abandoned unless there is an agreement to do so by all affected property owners."
For purposes of this Section, and pursuant to Code Sections 19-1(c)(1)-(4) (2015), an "affected
property owner" is "the owner of property which directly adjoins the area subject to
abandonment or, if" such "right of way is abandoned, will have access currently used by that
property owner eliminated or diminished," or "will have the only platted access eliminated," or
"will have the paved area adjacent to that property increased for turn-around purposes," or "be
increased in size;" and
WHEREAS, Code Section 1-2 (2015) defines "property" as including both "real and
personal property,"which, therefore,may include an affected owner of personal property such as
(but not limited to) an owner of an existing utility line which does not have a real property
interest(such as a utility easement)in the same; and
WHEREAS, in order to satisfy the requirement(s) set forth in Code Section 19-1(k)
(2015), PETITIONER(s) has/have obtained a "Conditional Letter of No Objection," attached
hereto as Exhibit " A" to this Agreement, which is hereby incorporated as if fully stated herein,
which PETITIONER(s) has/have submitted or shall submit or otherwise provide to the County,
from the subject utility having the following legal name as set forth in the official public records
of the Florida Department of State - Division of Corporations Keys Energy Services, in which
said utility stated that it has "No objection" to [the] abandonment of that portion of Ed Swift
Road, located between Lots 76-80 and Lots A and B, Big Coppitt Key, FL, as shown in the
attached survey, attached as Exhibit "B", on the condition(s) that the utility pole#BC12-7-1=39
and any utilities of Comcast and AT&T located on the pole be relocated at the owner's expense;
and
WHEREAS, by this duly executed Agreement,which shall be recorded forthwith,
PETITIONER(s) hereby covenant(s) with the County that the relocation of the utility pole
#BC12-7-1-39 of the above-named utility shall be the exclusive and sole responsibility of
PETITIONER(s) and be at PETITIONER's exclusively and sole expense; and
1
NOW, THEREFORE, for and in consideration of the sum of TEN and 00/100 DOLLARS
($10.00), and as an inducement for the County to approve this Agreement, together with other
good and valuable consideration, the adequacy, sufficiency, and receipt of which are hereby
expressly acknowledged and attested to by all parties hereto, PETITIONER(s) hereby agree(s)
and covenant(s) as follows:
1.The foregoing recitals are true and correct and are hereby incorporated as if fully stated
herein; and
2. The PETITIONER(s) is/are the sole fee simple title owner(s) of that certain
immediately below-described real property located in Monroe County, Florida, having a
legal description as follows and which is shown on the Deeds attached hereto as Exhibit
"C" which is hereby incorporated as if fully stated herein:
Parcel(s)/Lot(s): LEGAL DESCRIPTION AS PER DEEDS ATTACHED AS
EXHIBT "C"
Key: BIG COPPITT
Approximate Mile Marker:10
Real Estate Number(s): 001121030-000100,00121300-000000, 00121430-
000000, 00121440-000000 and 00121510-000000.
3. The PETITIONER(s) desires to relocate the subject utility's above-described interest,
more fully legally described immediately below, in pursuant to and in compliance with
the above-described Code Sections, and shall do so in compliance with the United States
and Florida Constitutions, the Florida Statutes, the Monroe County Comprehensive Plan,
the Monroe County Code(s), the Florida Building Code(s), and all other applicable
federal, state, and local codes, ordinances, orders,resolutions,regulations, and rules:
Parcel(s)/Lot(s)/Block/Subdivision/Plat Book/Page: LEGAL
DESCRIPTION AS PER DEEDS ATTACHED AS EXHIBT "C"
Key: BIG COPPITT
Approximate Mile Marker:10
Real Estate Number(s): 001121030-000100, 00121300-000000, 00121430-
000000, 00121440-000000 and 00121510-000000.
4. Conditions and Revocation or Termination of Agreement. The PETITIONER(s)
hereby agrees to submit a complete right-of-way permit application to the County in
compliance with the form and address requirements set forth in Paragraph 5 below
together with any permit required by Keys Energy Services within one-hundred eighty
(180) days of the effective date of the County's approval of the PETITIONER's right-
of-way abandonment petition corresponding to this Agreement. Should the
PETITIONER(s) fail to relocate the subject utility's above-described interest in
accordance with Keys Energy Services Permit(s) and the corresponding County right-of-
way permit(s) (corresponding to this Agreement), or otherwise fails to complete
2
construction necessary to complete re-location of the subject utility's above-described
interest within the following time-frame and under the following condition(s)
the County's previous approval to abandon the corresponding/the subject right-of-way
shall immediately be rescinded and the prior-abandoned right-of-way (any and all
portions thereof) 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 Agreement, the County's previous approval to abandon the
corresponding/the subject right-of-way, the County right-of-way permit(s) corresponding
to this Agreement, or any other permit(s), approval(s), or inspection(s) corresponding to
this Agreement or prior County approval to abandon the corresponding/the subject right-
of-way, pursuant to the U.S. and Florida Constitutions, the Florida Statutes, the Monroe
County Comprehensive Plan, the Monroe County Code(s), the Florida Building Code(s),
the provisions and terms of this Agreement, and/or all other applicable federal, state, and
local codes, ordinances, orders,resolutions,regulations, and rules; and
5. Notice and Service of Process - Monroe County. 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 Department
Attn: Senior Director
Subject: Right-of-Way(Road)Abandonment-Utility Agreement
2798 Overseas Highway, Marathon, FL 33050
With a copy to:
Monroe County Engineering Services Department
Attn: Director
Subject: Right-of-Way (Road) Abandonment- Utility Agreement
1100 Simonton Street, Room 2-216
Key West, FL 33040
With a copy to:
Monroe County Attorney's Office
Subject: Right-of-Way(Road) Abandonment-Utility Agreement
1111 12th Street, Suite 408
Key West,FL 33040
6. Construction and Interpretation. Any and all construction(s) or interpretation(s) of
Monroe County Comprehensive Code provision(s) and Monroe County Code(s)
provision(s) 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
7. Recordation. The PETITIONER(s)hereby agree(s)to and shall, once this Agreement
has been executed by PETITIONER(s) and the County, file this Agreement with the
3
Clerk of the Circuit Court of Monroe County together with all appropriate and required
collateral instrument(s), and shall record this Agreement together with all appropriate and
required collateral instrument(s) in the Official Records of Monroe County, Florida, and
shall pay any and all costs associated with such recordation; and
8. Amendment, Modification, or Release, and Recording Thereto. No amendment(s),
modification(s), or release(s)to this Agreement is/are effective unless the County agrees,
consents, and joins in writing thereto. The PETITIONER(s) shall file any such properly
executed amendment(s), modification(s), or release(s) to this Agreement with the Clerk
of the Circuit Court of Monroe County together with all appropriate and required
collateral instrument(s), and shall record such properly executed amendment(s),
modification(s), or release(s) together with all appropriate and required collateral
instrument(s) in the Official Records of Monroe County, Florida, and shall pay any and
all costs associated with such recordation; and
9. Subsequent Reference Requirement.
A. The PETITIONER(s) hereby agree(s) to and shall submit a copy of this filed
and recorded Agreement together with (simultaneously in date and time with) all
future development applications relating to the/his/her/its/their property described .
in Paragraphs 2 or 3 above. Such submission by PETITIONER(s) shall be to the
agency(ies), department(s), and office(s) in receipt of or otherwise receiving such
development application(s). This requirement is non-exclusive to Monroe County
agencies, departments, and offices, and is to be construed as inclusive of all
reviewing federal, state, Monroe County, and local agencies, departments, and
offices in receipt of or otherwise receiving such development application(s), such
that the PETITIONER(s) must so simultaneously furnish a copy of this filed and
recorded Agreement to any and all federal, state, Monroe County, and local
agencies, departments, and offices in receipt of or otherwise receiving such
development application(s); and
B. The PETITIONER(s) shall reference this filed and recorded Agreement,
including the recording book and page number(s) and document number(s) of this
Agreement in anyfuture instrument conveying title to or an interest in the property
described in Paragraphs 2 or 3 above; and
C. The PETITIONER(s) shall insert the terms and restrictions of this Agreement
into any subsequent deed or other legal instrument by which he/she/it/they
divest(s) himself/herself/itself/themselves of any title to or interest in the property
described in Paragraphs 2 or 3 above; and
10. Joint-and-Several Liability. If the PETITIONER(s), or any other non-County
natural person(s) or legal person(s) are party(ies)to any suit, action, or proceeding, in law
or in equity, initiated, cross-initiated, counter-initiated, or otherwise filed by the County
to enforce any provision(s) or term(s) contained herein, and consist(s) of more than one
person(s) or entity(ies), such person(s) and entity(ies) shall be jointly and severally liable;
and
4
11.Non-Assignability. This Agreement shall not be assignable by the PETITIONER(s),
or by any other non-County party with title to or an interest in the property described in
Paragraphs 2 or 3 above, unless such assignment is first approved by Monroe County
Board of County Commissioners (hereinafter"BOCC")Resolution; and
12. Transfer Notice. The PETITIONER(s) shall provide written notice to the County of
the transfer of any title to or interest in the property described in Paragraphs 2 or 3 above
at least thirty(30) days prior to the date of such transfer. Failure of the PETITIONER(s)
to perform any act required by this Section shall not eliminate this requirement or the
County's rights arising from,relating to, or in connection with this requirement, and shall
not impair the validity of this Agreement or limit its enforceability in any way; and
13. Notice and Service .of Process - To PETITIONER(s) All notices, consents,
approvals, or other communications to the PETITIONER(s) shall be in writing and be
deemed properly served if, unless otherwise provided in this instrument, sent by U.S.
Postal Service, Certified Mail, return receipt requested, to his/her address of record with
the Monroe County Property Appraiser's Office or to his/her address of record with the
Monroe County Tax Collector's Office. If, after one (1) unsuccessful attempt (in
accordance with the preceding sentence) by the County to serve notice upon
PETITIONER(s), the County shall, in addition to the preceding sentence's method of
notice and service of process for the purposes herein, be entitled to satisfy this Section's
sufficiency of notice and service of process requirement(s) by subsequent election to
serve such notice pursuant to (I) Florida Statutes §§ 49.011(1)-(2) (2015), 49.011(5)
(2015), 49.021 (2015), (applicable if an action or administrative proceeding has
commenced or otherwise been formally initiated by filing in accordance with applicable
rules of procedure) 49.031 (2015), (applicable if an action or administrative proceeding
has commenced or otherwise been formally initiated by filing in accordance with
applicable rules of procedure) 49.041 (2015), (applicable if an action or administrative
proceeding has commenced or otherwise been formally initiated by filing in accordance
with applicable rules of procedure) 49.051 (2015), (applicable if an action or
administrative proceeding has commenced or otherwise been formally initiated by filing
in accordance with applicable rules of procedure) 49.061 (2015), (applicable if an action
or administrative proceeding has commenced or otherwise been formally initiated by
filing in accordance with applicable rules of procedure) 49.071 (2015), (applicable if an
action or administrative proceeding has commenced or otherwise been formally initiated
by filing in accordance with applicable rules of procedure) 49.08-09 (2015), (for non-
foreclosure action proceeding notice(s)) 49.10(1)(a) (2015), (for foreclosure action
proceeding notice(s)) 49.10(c) (2015), and/or pursuant to (II) Florida Statute § 49.11
(2015). Notice constructively served pursuant to such election shall be deemed properly
served for the purpose(s) herein. Actual notice is not required under this Section; and
14. Notice and Service of Process - To Legal Person(s). In the event PETITIONER(s)
comprise(s) a registered business entity, corporate entity, or similar legal person, all
notices, consents, approvals, or other communications to such entity shall be in writing
and shall be deemed properly served if sent by U.S. Postal Service Certified Mail, return
receipt requested, to the mailing address of such entity's Registered Agent as shown in
the public records of the Florida Department of State - Division of Corporations
5
•
(hereinafter "Sunbiz"), or its equivalent agency. Actual notice is not required under this
Section. In the event PETITIONER(s) is/are a legal trust, all notices, consents,
approvals, or other communications to such trust shall be in writing and shall be deemed
properly served if sent by U.S. Postal Service Certified Mail, return receipt requested, to
the mailing address(es) of the property described in Paragraphs 2 and 3 above, and to
such trust's address(es) of record, if any, with the Monroe County Property Appraiser's
Office or its address(es) of record, if any, with the Monroe County Tax Collector's
Office. If, after one(1) unsuccessful attempt (in accordance with the preceding sentence)
by the County to serve notice upon such legal person(s), the County shall, in addition to
the preceding sentence's method of satisfying notice and service of process for the
purposes herein, also be entitled to satisfy this Section's sufficiency of notice and service
of process requirement(s) by subsequent election to serve such notice pursuant to (I)
Florida Statutes §§ 49.011(1)-(2) (2015), 49.011(5) (2015), 49.021 (2015), (applicable if
an action _or administrative proceeding has commenced or otherwise been formally
initiated by filing in accordance with applicable rules of procedure) 49.031 (2015),
(applicable if an action or administrative proceeding has commenced or otherwise been
formally initiated by filing in accordance with applicable rules of procedure) 49.041
(2015), (applicable if an action or administrative proceeding has commenced or otherwise
been formally initiated by filing in accordance with applicable rules of procedure) 49.051
(2015), (applicable if an action or administrative proceeding has commenced or otherwise
been formally initiated by filing in accordance with applicable rules of procedure) 49.061
(2015), (applicable if an action or administrative proceeding has commenced or otherwise
been formally initiated by filing in accordance with applicable rules of procedure) 49.071
(2015), (applicable if an action or administrative proceeding has commenced or otherwise
been formally initiated by filing in accordance with applicable rules of procedure) 49.08-
09 (2015), (for non-foreclosure action proceeding notice(s)) 49.10(1)(a) (2015), (for
foreclosure action proceeding notice(s)) 49.10(c) (2015), and/or pursuant to (II) Florida
Statute § 49.11 (2015). Notice constructively served pursuant to such election shall be
deemed properly served for the purpose(s) herein. Actual notice is not required under this
Section; and
15. Default Notice. Unless otherwise provided in this Agreement, in the event of breach
or violation of any provision(s) or term(s) hereunder by PETITIONER(s), the County
shall provide written "Notice of Default" or "Notice of Violation" to the
defaultingPETITIONER(s), and such defaulting PETITIONER(s) shall have the right
to cure such breach(es) or violation(s) within thirty (30) days of receiving notice of such
breach or violation; and
16. Enforcement.
A. In the event of any breach or violation of any condition(s), provision(s), or
term(s) contained herein, the County shall, without liability to the County, have
the right to unilaterally terminate this Agreement, and to proceed at law or in
equity as may be necessary to ensure compliance with the condition(s),
provision(s), or term(s) hereof,remediation thereto, and to otherwise the breach or
violation of any of them, to collect damages, and may enforce this Agreement by
emergency, preliminary, and permanent injunction, including ex parte action and
6
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 or violation of this Agreement shall, without any
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 or issued permits, approvals, or inspections reliant upon
PETITIONER's full and proper performance of this Agreement, or otherwise
arising from, related to, or in connection with this Agreement, except for those
permits, approvals, and inspections necessary to cure such breach or violation.
County enforcement action(s) thereto shall be at the County's discretion, and
PETITIONER(s) hereby agrees to and shall pay for all costs associated with
such County enforcement action(s). Failure of the PETITIONER(s) 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 County's right to do so
thereafter as to any such violation or breach, and no alleged County waiver or
estoppel of any breach of any condition, provision, or term contained herein shall
be construed as waiver or estoppel of any succeeding breach or violation of the
same condition, provision, or term; and
B. In the event of any suit, action, or proceeding, in law or in equity, by the
County to enforce the condition(s), provision(s), or term(s) contained herein, if
the County prevails in any such suit, action, or proceeding, on trial or appeal, the
County shall be entitled to reasonable attorney's fees, including trial, appellate,
bankruptcy, and post judgment costs and collection proceedings for the
maintenance or defense of any such suit, action, or proceeding, to be paid by the
losing party(ies) as fixed by the court. Any order or judgment so rendered in favor
of the County in connection with any such suit, action, or proceeding arising out
of, related to, or in connection with this Agreement, shall bear interest at the
highest rate allowed by law. The County may recover reasonable legal and
professional fees attributable to the preparation, administration, and enforcement
of such suit, action, or proceeding, from any person(s) and/or entity(ies) from or
to whom a demand or enforcement request is made, regardless of actual initiation
of a suit, action, or proceeding. These remedies are in addition to any other
remedy, fine, or penalty which may be applicable under including, but not limited
to, Chapters 162, 373, and 403, Florida Statutes; and
C. Cumulative Remedies. In the event of any breach or violation of the
condition(s), provision(s), or term(s) contained herein, the County shall, without
liability to the County, have the right to proceed at law or in equity as may be
necessary to enforce compliance with such conditions, provisions, and terms, to
enjoin activities, construction, maintenance, practices, repairs, and uses non-
compliant with the conditions, provisions, and terms contained herein, and to
otherwise prevent the breach or violation of any of them, to collect damages, and
both authorized and entitled to enforce this Agreement by emergency,
preliminary, and permanent injunction, including by ex parte motion and action
for such injunction(s), it being hereby expressly and specifically agreed that the
7
County has no adequate remedy at law, or such other legal method as the County
deems appropriate. All rights and remedies accruing to the County shall be
assignable in whole or in part and be cumulative; that is, the County may pursue
such rights and remedies as the law and this Agreement afford it in whatever
order the County desires and the law permits. The County's resort to any one
law(s) and/or remedy(ies) in advance of any other shall not result in waiver or
compromise of any other law(s) and/or remedy(ies). The PETITIONER(s)
hereby agree(s) to and shall pay for all costs associated with the County's
enforcement action(s)thereto; and
17. Dispute Resolution-Meet-and-Confer Prerequisite. The PETITIONER(s)hereby
agree(s) that as a first condition precedent to his/her/its/their initiation of litigation or
adversarial administrative proceedings against the County in the form of a suit or action
arising out of, related to, or in connection with this Agreement, shall first, prior to the
initiation of such suit or action, attempt to resolve their dispute(s) and disagreement(s) by
a meet-and-confer session between himself/herself/itself/themselves and Monroe County
Planning & Environmental Resources Department staff and counsel to the Monroe
County Planning& Environmental Resources Department. If no resolution can be agreed
upon within thirty (30) days after the occurrence of the aforesaid meet-and-confer
session, such issue(s) shall next(second), as a second condition precedent to the initiation
of such suit or action, be discussed at a public meeting of the Monroe County BOCC
occurring in the same geographic sub-area as the geographic location of this Agreement
(i.e., Upper Keys - Key Largo, Middle Keys - Marathon, Lower Keys - Key West). The
PETITIONER(s) hereby agree(s) that in the event he/she/it/they so initiate such suit or
action without satisfying both of these conditions precedent to their initiation of litigation
or adversarial administrative proceedings against the County, that the County shall be.
automatically entitled to an Order granting Grantee's Motion to Dismiss and Florida
Statute § 57.105 (2015) Motion for Sanctions and Attorney's Fee (or, at Grantee's
election (if applicable), their Florida statutory equivalent(s), Federal equivalent(s), or
non-Florida legal equivalent(s)); and
18.Limitation of Liability.
A. In the event of any litigation or adversarial administrative .proceedings
concerning the condition(s), provision(s), or term(s) of this Agreement, the
PETITIONER(s)hereby agrees to expressly waive his/her/its/their right to a jury
trial and shall be treated as having expressly waived his/her/its/their right to a jury
trial; and
B. Hold Harmless and Indemnification. The PETITIONER(s) hereby hold(s)
the County harmless from the claims of all persons and entities for action(s),
inaction(s),activity(ies), damage(s), expense(s), proposed or undertaken
construction, development, or similar work, and loss(es) occurring on the property
described in Paragraphs 2 or 3 above, and hereby expressly agrees that the County
shall not be liable for any injury(ies) allegedly caused by the tools, materials, or
equipment used by the PETITIONER(s), its employees or agents, or used by the
PETITIONER's contractor(s), or its (contractor(s)) employees or agents. The
PETITIONER(s) further agree(s) to indemnify and defend the County, its
8
officers, employees, and agents, from any and all claims for bodily injury
(including death), personal injury, business damage(s), property damage, and any
other losses, damages, and expenses (including attorney's fees), allegedly arising
from, related to, or in connection with this Agreement or construction,
development, or similar work undertaken thereto; and
C. Hazardous, Toxic, Radioactive Substances. The PETITIONER(s) hereby
expressly waives its rights to file or otherwise initiate or pursue any claim(s)
against the County for personal damage or injury, or damage or injury to property,
that is allegedly caused by the allegedly negligent or grossly negligent action or
inaction of the County or an officer, employee, or agent of the County, which
allegedly arises from, was or'is related to, or was or is in connection with this
Agreement, or County authorization(s), activity(ies), or inactivity(ies)thereto, and
further holds the County harmless from the claims of all persons for the action(s),
inaction(s), activity(ies), damage(s), expense(s), and loss(es) occurring on the
property described in Paragraphs 2 and 3 above, and further indemnifies the
County for all liability arising from any discovery of hazardous, toxic, or
radioactive substance materials on the property described in Paragraphs 2 and 3
above, and, in the event such material is discovered, the County shall not be
responsible for, and the PETITIONER(s) shall be responsible for,the removal of
such materials following coordination and written approval by the County. The
term(s) "hazardous, toxic, or radioactive substance material" shall mean any
hazardous, toxic, or radioactive substance material, matter, or waste, which is or
becomes regulated by any federal, state, or local law, ordinance, order, rule,
regulation, code, or any other governmental restriction or requirement and shall
include petroleum products and asbestos as well as improper or excessive storage
of or use of common household cleaning and landscaping chemicals, pesticides,
batteries, and the like, and those materials defined as hazardous substance or
hazardous waste in the Comprehensive Environmental Response Compensation
and Liability Act and/or the Resource Conservation and Recovery Act. The
PETITIONER(s) shall immediately notify the County of any discharge or
discovery of any hazardous, toxic, or radioactive waste at, upon, under, or within
the property described in Paragraphs 2 and 3 above, and the PETITIONER(s)
shall, at his/her/its/their cost and expense, comply with all remedial measures
required by any governmental agency having jurisdiction thereto. The
PETITIONER(s) hereby warrant(s), represent(s), and attest(s), that to the best of
his/her/its/their knowledge, the property described in Paragraphs 2 and 3 above
are free of any such waste(s), and the PETITIONER(s) hereby agree(s) that the
County shall not be liable for environmental damages arising from, related to, or
in connection with this Agreement and the property described in Paragraphs 2 and
3 above, and further agree that he/she/it/they shall be exclusively liable for
environmental damages according to the extent made so by law for periods
following the effective date of this Agreement; and
D. The PETITIONER(s) hereby agree(s) that no charge(s) or claim(s) shall be
made by it for any delay(s) or hindrance(s) allegedly attributable to the County
9
during the progress of any portion of or during the effective date of this
Agreement; and
19. No County Compensation or Payment(s). The PETITIONER(s) is and shall be
exclusively and solely responsible for all costs and expenses required or incurred to/in the
completion of any utility relocation project(s) arising from, related to, or in connection
with this Agreement. It is hereby mutually and expressly understood by
PETITIONER(s) and the County that the County shall be responsible for no cost(s) and
shall incur no cost(s) arising from, related to, or in connection with any utility relocation
project(s) arising from, related to, or in connection with this Agreement. It is further
mutually and expressly understood that there are no third-party beneficiaries to this
Agreement, and that no Contractor, or any other person or entity, shall look to the County
for compensation arising from, related to, or in connection with such utility relocation
project(s); and
20. No Waiver. The County shall not be deemed to have waived any rights under this
Agreement unless such waiver has been given within this instrument expressly,
specifically, and unambiguously; and
21. No Personal Liability. The County expressly reserves and in no way shall be deemed
to have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign,
governmental, and any other similar defense, immunity, exemption, or protection against
any suit, cause-of-action, demand, or liability. Further, no covenant, provision, or term of
this Agreement shall be deemed to be a covenant or agreement of any officer, employee,
or agent of the County in his or her individual capacity, and no officer, employee, or
agent of the County shall be liable personally in this Agreement or be subject to any
personal liability or accountability by reason of the execution of this Agreement; and
22. Non-Reliance by Third-Parties. No person(s) or entity(ies) shall be entitled to rely
upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any
third-party claim(s) or entitlement(s) to or benefit(s) of any service(s), term(s), or.
program(s) contemplated hereunder; and
23. Authorized Signatory: The signatory(ies) for PETITIONER(s), below, hereby
attest(s), certify(ies), and warrant(s)that:
A. The PETITIONER's name as set forth in this Agreement is his/her/its/their
full and correct legal name (if a legal person/entity, as designated in its corporate
charter and as formally registered with the State, or, if a trust entity, as designated
in its original trust instrument, as amended).
B. The individual(s) executing this Agreement is/are duly authorized to so act and
execute this Agreement on PETITIONER's behalf.
C. If/As applicable, this Agreement has been duly approved by the
PETITIONER's Board of Directors and/or members, consistent with and
compliant with PETITIONER's Articles of Incorporation, Bylaws, and all
federal, state, and local laws and regulations.
10
D. If PETITIONER(s) comprise(s) a legal person/entity, PETITIONER(s) shall
provide the County with an official list of its current Board of Directors and
managers, a properly executed and notarized corporate resolution approving this
Agreement, a copy of its current Articles of Incorporation (including all
amendments thereto), and a copy of its current Bylaws.
24. Compliance with Laws. The PETITIONER(s) hereby attests that it has and shall
comply with all Articles of Incorporation, Bylaws, laws, ordinances, and governmental
rules and regulations applicable to this Agreement and to construction and/or
development activity(ies) arising from,related to, or in connection with this Agreement at
the property described in Paragraphs 2 and 3 above. The PETITIONER(s) shall obtain
all necessary and/or required permits, approvals, inspections, and authorizations as may
be required by such Articles of Incorporation, Bylaws, laws, ordinances, governmental
rules and regulations, and local, state, and federal governments and agencies; and
25. Jurisdiction, Venue, and Governing Laws. 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 provisions 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 addition to any other remedy, fine, or penalty which may be
applicable under including, but not limited to, Chapters 162, 373, and 403, Florida
Statutes, and any other action at law or in equity; and
26. Miscellaneous.
A. Financial Responsibility and No Pledge of Credit. The PETITIONER(s)
shall not pledge the County's credit or make it a guarantor of payment or surety
for any contract, debt, obligation, judgment, lien, or any form of indebtedness;
and
B. Duty to Cooperate. Where required under this Agreement or related
agreement(s), the PETITIONER(s) shall cooperate with the County's reasonable
requests regarding the provisions and terms contained herein; and
27. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions. If any
condition, obligation, right, or term of this Agreement, or any portion(s) thereof, is/are
held to be invalid or unenforceable in or by any administrative hearing officer or court of
competent jurisdiction, the invalidity or unenforceability of such condition, obligation,
right, or term, or any portion(s) thereof, shall neither limit nor impair the operation,
enforceability, or validity of any other condition, obligation, right, or term of this
Agreement, or any remaining portion(s) thereof. All such other conditions, obligations,
rights, and terms, and remaining portion(s) thereof shall continue unimpaired in full force
and effect; and
11
28. Captions and Paragraph Headings. Captions and paragraph headings, where used
herein, are inserted for convenience only and are not intended to descriptively limit the
scope and intent of the particular paragraph or text to which they refer; and
29. Authority to Attest. Each party to this Agreement represents and warrants to the
other that the execution, delivery, and performance of this Agreement has been duly
authorized by all necessary corporate and other organizational action,as required; and
30. Binding Effect. The conditions, obligations, provisions, rights, and terms of this
Agreement shall bind and inure to the benefit of the County and PETITIONER(s) and
their respective personal representative(s), successor(s), and assign(s), and all such
conditions, obligations, provisions, rights, and terms shall be construed as running with
the land described in Paragraphs 2 and 3 above such that all subsequent title-holders and
parties in interest to said property(ies) shall be bound by this Agreement and all of its
conditions, obligations, provision, rights, and terms. However, neither this Agreement,
nor any part of it, may be conveyed, assigned, or otherwise transferred by or from the
PETITIONER(s) or its personal representative(s), successor(s), or assign(s), absent
County approval as set forth in this Agreement. Any such transfer absent County
approval as set forth above shall immediately render this Agreement voidable at the
County's election and the County shall not be liable to PETITIONER(s), its personal
representative(s), successor(s), or assign(s), or any third-party(ies), for any damage(s) or
injury(ies) allegedly sustained by the County's lawful election to so void this Agreement
on the basis of such unauthorized transfer (transfer absent County approval as set forth
above); and
31.TO HAVE AND HOLD UNTO THE PARTIES FOREVER.
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 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 '2 day of t IXN-1 , 20 ( ( .
WITNESSES TO ALL PETITIONER(S)
A4 t. " V v t AA-l h.—Ve-Jc ,, , BLAKE RUSSELL HILL
Witness No. 1 (Print Name) Petitioner . of 1 (Print Name)
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Witness . (Signature) etitioner No. 1 (Signature)
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Wi ss No.2 (Print Name) Date(Print)
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Witness No. 2 (Signature)
12
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument,Right-of-Way Abandonment Agreement for Utility
Relocation, was acknowledged and attested to before me this 2 iSLday of Vet/AA. ,
20 1 t,by BLAKE RUSSELL HILL,who is personally known to me or produced
as proof of identification and did take an oath.
Notary Public (Print Name&Notary No.)
IAA
Notary Public Seal Notary Public(Signature)
O� ,�-,,, Mari Martin-Vegue
:a' -..`' COMMISSION i FF185477
fir' EXPIRES:December 28,2018
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13
MONROE COUNTY,FLORIDA
ACCEPTANCE OF RIGHT-OF-WAY ABANDONMENT
AGREEMENT FOR UTILITY RELOCATION
In Witness Whereof, Monroe County hereby accepts this Right-of-Way Abandonment
Agreement for Utility Relocation and executes this instrument on the date set forth below.
For Monroe County, Florida:
First Witness (Print Name) Director of Engineering Services (Print Name)
First Witness (Signature) Director of Engineering Services(Signature)
Second Witness (Print Name) Date(Print)
Second Witness (Signature)
Approved as to Form and Legal Sufficiency by:
Monroe County Attomey's Office
State of Florida
County of Monroe
Before me,the undersigned authority,personally appeared
who is personally known to me, or has produced as
identification. •
Acknowledged to me this day of , 20 .
Notary Name and Number(Print) Notary Signature and Seal
14
CONSENT AND JOINDER TO RIGHT-OF-WAY
ABANDONMENT AGREEMENT FOR UTILITY RELOCATION
(If Applicable)
,whose address is
(Name of Utility Company/Entity)
City of , State of ,having the subject
utility interest, such interest being more particularly described as
, and, if applicable, such interest having been recorded
at Book , Page , and Document Number , in the Official
Records of Monroe County, Florida,this interest being more particularly legally described as
follows:
Parcel(s)/Lot(s)/Block/Subdivision/Plat Book/Page: LEGAL
DESCRIPTION AS PER DEEDS ATTACHED AS EXHIBT "C"
Key: BIG COPPITT
Approximate Mile Marker:10
Real Estate Number(s): 001121030-000100,00121300-000000, 00121430-
000000, 00121440-000000 and 00121510-000000.
The above-named utility/entity hereby consents and joins in the foregoing Right-of-Way
Abandonment Agreement for Utility Relocation, executed at
(Place of Execution)
, on the date indicated below.
(Place of Execution)
IN WITNESS WHEREOF,the above-described utility/entity hereby executes this Consent and
Joinder to Right-of-Way Abandonment Agreement for Utility Relocation.
Witness No. 1 (Print Name) Utility's Name/Entity's Name(Print Name)
Witness No. 1 (Signature) Authorized Official on Behalf of Utility/Entity
(Print Name)
Witness No. 2 (Print Name)
Authorized Official on Behalf of Utility/Entity
(Signature)
Witness No. 2 (Signature)
[The remainder of this page has been intentionally left blank.]
15
Authorized Official Capacity to Execute on
Behalf of Utility/Entity(Print Title of Authorized
Capacity/Position)
Utility's/Entity's Principal Mailing Address
(Print)
Utility's/Entity's Registered Agent(Print Name)
Utility's/Entity's Registered Agent's Mailing
Address(Print)
Date(Print)
STATE OF
COUNTY OF
The foregoing Consent and Joinder to Right-of-Way Abandonment Agreement for Utility
Relocation, was acknowledged and attested before me this day of
20 , by , who is personally known to me or
produced as proof of identification and did take an oath.
Notary Public(Print Name& Notary No.)
Notary Public Seal Notary Public (Signature)
16
JOINDER OF MORTGAGEE TO RIGHT-OF-WAY
ABANDONMENT AGREEMENT FOR UTILITY RELOCATION
(If Applicable)
, whose address is , City of
(Name of Mortgagee)
, State of , having a record interest,
more particularly described as being the owner and holder of a mortgage dated
, in the original principal amount of$
given by ("Mortgagee(s)"),to
("Mortgagor(s)"), encumbering the real property described in that
mortgage,which is recorded in Book , Page , and Document Number
, in the Official Records of Monroe County, Florida, and together with that
certain Assignment recorded in , Page , and Document Number
, in the Official Records of Monroe County, Florida, and together with that
certain Modification recorded in , Page , and Document Number
, in the Official Records of Monroe County, Florida (said mortgage,
assignment, and modification are hereinafter referred to as the "Mortgage"), in the lands
described in the Right-of-Way Abandonment Agreement for Utility Relocation between
Mortgagee(s) and Monroe County, Florida, Mortgagee hereby consents and joins in the
foregoing Right-of-Way Abandonment Agreement for Utility Relocation, executed at
, on the date indicated below.
(Place of Execution)
IN WITNESS WHEREOF, Mortgagee grants this Joinder and executed this instrument on the
date set forth below.
Witness No. 1 (Print Name) Mortgagee(Print Name)
Witness No. 1 (Signature) Mortgagee(Signature)
Witness No. 2 (Print Name) Authorized Official Capacity(Director,
Officer, Trustee, or other Authorized
Official (Print Title of Authorized Capacity/
Witness No. 2 (Signature) Position))
Date(Print)
[The remainder of this page has been intentionally left blank.]
17
STATE OF
COUNTY OF
The foregoing instrument, Joinder of Mortgagee to Right-of-Way Abandonment
Agreement for Utility Relocation , was acknowledged before me this day of
, 20 , by , who is personally
known to me or produced as proof of identification and did take
an oath.
Notary Public (Print Name and Notary No.)
Notary Public Seal Notary Public (Signature)
18
PETITIONERS)AFFIDAVIT OF NO ENCUMBRANCES
1.WHEREAS,I/we BLAKE RUSSELL HILL,the PETITIONER(s), is/are the sole
fee simple title owner(s)of the certain below-described real property located in Monroe
County,Florida,having a legal description as follows and which is shown on attached
Exhibit"C,"which is hereby incorporated as if fully stated herein:
Parcel(s)/Lot(s)/Block: Please see attached Exhibit"C"
Subdivision: N/A
Key: Big Coppitt Plat Book: Page: N/A
Approximate Mile Marker: 10
Real Estate Number(s): 001121030-000100, 00121300-000000, 00121430-
000000,00121440-000000 and 00121510-000000.
2. WHEREAS,it is true and correct that as of this date no liens,loans,mortgage
encumbrances,or non-mortgage encumbrances, other than those in which Joinder(s)have
been executed and submitted for this Right-of-Way Abandonment Agreement for Utility
Relocation,currently encumber the above legally described real property; and
3.NOW,THEREFORE,the undersigned PETITIONER(s)hereby states that the
above legally described property is free of all liens,loans,mortgage encumbrances, and
non-mortgage encumbrances at this time,other than those in which Joinder(s)have been
executed and submitted as part of this Right-of-Way Abandonment Agreement for Utility
Relocation.
EXECUTED ON THIS day of,20 1 l0 .
WITNESSES TO ALL PETITIONERS)
(AAW t \AA ti L-UL-to v BLAKE RUSSEL HILL
Witness No. 1 (Print Name) Petitioner No. 1 (Print Name)
Wit es No. 1 (Signature) etitioner No. 1 (Signature)
fk/L L 3g. 1 •do/.
Witness No. 2(Print Name) Date(Print)
Witness No. 2(Signature)
80 Ed Swift Road, Key West, FL 33040
Non-Entity Owner's/Non-Entity Owners'
Principal Mailing Address(Print)
19
Entity Owner-Mailing Address (Print)
Entity Owner-Registered Agent Name
(Print)
Entity Owner-Registered Agent Mailing
Address(Print)
Witness No. 1 (Print Name) Petitioner No. 2 (Print Name)
Witness No. 1 (Signature) Petitioner No. 2 (Signature)
Witness No. 2 (Print Name) Date(Print)
Witness No. 2 (Signature)
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument, Right-of-Way Abandonment Agreement for Utility
Relocation, was acknowledged before me this Z 1S+' day of QAt , 201L by
, who is_personally known to me or produced
as proof of identification and i to ce an oath, and by
, who is personally known to me or produced
as proof of identification and did take an oath.
Notary Public (Print Name and Notary No.)
&vs.) U111,4/IfitHA
Notary Public Seal Notary Public(Signature)
���'¢t-,. Mari Martin-Vegue
COMMISSION # FF185477
EXPIRES:December 28
'-'%�'� .�`` ` WWW.AARONNOTARY,C01M
u��iu��
20
I. -
41.,11
el-
4—.'m (305)295-1000
1001 lames Street
."-�� ernew/ PO Box 6100
�•,- ser viLes Key West,FL 33040-6100
www.KeysEnergy.com
UTILITY BOARD OF THE CITY OF w"E
f ECEIVED
April 11, 2014 JUL -
$ 2014
David del-laas
deHaas Consulting &Design MONROE CO PLANNING DEPT
88975 Overseas Hwy
Tavemier, FL 33070 "
RE: ABANDONMENT OF A PORTION OF ED SWIFT ROAD, BIG COPPITT KEY, FL
BIG COPPITT KEY, Pt Lot 2(Lots 76 and 78-80)and Pt of Tact B, PB3-126
BIG COPPITT KEY, Pt Lot 2(Pt Lot 75 and all of Lot 77 AKA Lot B)
BIG COPPITT KEY, Pt Lot 2(Lot 73 and Pt Lot 75 AKA Lot A)
BIG COPPITT KEY, Bay Bottom N.and Adj. to Pt Gov. Lots 2 and 3
Dear Mr. del-laas:
Keys Energy Services (KEYS) has reviewed your request for road abandonment for portion of Ed
Swift Road on Big Coppitt Key. KEYS has no objection to the proposed road abandonment as
long as one of the following is done:
➢ The customer can leave the pole in its current location and provide KEYS
with an easement for all existing utilities and vehicular access to the
proposed pole location and down guys.
➢ Pole #BC12-7-1-39 can be relocated at the owner's expense; the estimated
cost is $7,500. Should the customer choose this option, the work can be
completed within 10 to 12 weeks after payment.
> If the above option is chosen, please coordinate with Comcast and AT&T to
ensure their utilities will be able to be relocated, and obtain proposed
charges from them.
If you have any questions, please feel free to contact me at 305.295.1055.
Sincerely,
74a544() 1�
Matthew Alfonso
Supervisor of Engineering
Matthew.AlfonsoCTKeysEneroy.com
MA/mpd
Copied via electronic mail:
L.Tejeda, General Manager&CEO
J.Wetzler,Asst. General Manager&CFO
D. Finigan, Director of Engineering&Control
D. Price, Director of T&D and Electrical
A.Tejeda, Director of Customer Services
File:ENG-013
EXHIBIT
A
•
Boundary Survey Map of part of Gov't Lot 2,
Section 22, Township 67 South, Range 26 East
to illustrate legal description
authored by the undersigned
r.(Northerly shoreline of By Copp6t key)
\\/ Bay Of Florida
f'l� 144.53
N ftti:Dead �.
No. 2237t ',i
Apparent Moon Nigh Weer Una _
ONnor.• Blake Ruin!!WI \ _— -"-foncrolo
Official Record Book 2649 '.*. East t:a awe)!
Pages 660 thru 666 ; 23.00'vt
/ 55 ()
'Vacant' r /�,
�1��<- �Char
lC
N' ,
m Col 80
11 1
y 0.4'Veer y 7 ti .n
e -NI
`tv tvo tl 2 ZN,,
of
M16 pN N
{o„ t.� $o o Lof 78 ��n n
m. a Yoeant' $�j mpM ,
ti oE,4 b V�b
°a:10 _ 36 e-a
03 OOC - - -� JS'(r) p04- ',
q ') N
J
U 1P k Lof76
'
C r 9
B pearar { 1
O. Clear
Yacont. ` i t I.
PM,!or Begfnn;ro '•'.zyr 0 S•`)
,} `r7? 4 I OOlf• 11535£NEWLY PLYE
es� 0Cf2-7-1-Jg WAN Caro£
Iuws NKHOR SHALL
C B£i
{/Q
P
_ a LEGEND
`� o Found 2'Iron Pipe (Fence Post)
0 Sot 3/4-Iron Pipo w/cop(6298)
r O Found 1/2'Iron Rod(2863)
3 ♦ Found Noll&Disc(PTS)
'4 a G Sot Noll&Disc(6298)
East y 66.00'(m) �. (N) Measured
--` (R) Record
I r E C.D.S.IA/R) Measured&Record
cord
B.S. Concrete Mock Structure
a �` It'd
o/Cammeneing R`W Rght of Way
17 SE'Caner Coot. to(J
Wort CLF Chain Link Fence;
1,6W € Centerlr-nu
Wood Utility Polo
0 Concroto Utility Polo
'P" Overhead Utility Linos
ID Fire Hydrant
12 Sewer aeronaut
8 Water Mater
® Manhole
-a Water Volvo
-- ^•---•^-- -....—"-* 0:5) Spat Elevation (Typical)
....'.:iiIiI/L
l;I ti n.•t Sheet One of Two Sheets
,tile;Li -NI J. LYNN O'FLYNN, Inc.
NOTE:
This Survey Mop is not I:nr7ltc?_CO{'•IANtJIatt:u(:PT
full and complete without ProHr,tono =a tfop ar
the attached Survey Report.
3430 re., Kay West,)2 33
040
EXHIBIT (706)206Pu-7ck 422A FA%(Joe) o6-22H ,
p C4
Boundary Survey Report of part of Gov't Lot 2, •
Section 22, Township G7 South, Range 2G east
to 'illustrate legal description
authored by the undersigned
NOTES;
1. The legal description shown hereon was authored by the undersigned.
2. Underground foundations and utilities were not located.
3. Ali angles are 90°(Measured & Record) unless otherwise noted.
4. Street address: Ed Swift Road, Big Coppitt Key, FL.
5. This survey is not valid without the signature and the original raised seal of a
Florida licensed surveyor and mapper.
6. lands shown hereon were not abstracted for rights-of-way, easements, ownership,
or other instruments of record.
7. Bearings are assumed and based on the W7y R/W line of Ed Swift Road as North-South.
6. Date of field work; April 6, 2013.
9. Ownership of fences is undeterminable, unless otherwise noted.
10. The Survey Report is not full and complete without the attached Survey Map.
11. The "apparent Moan High Water Line"shown hereon does not purport to establish
the actual Mean High Water Line for tidal boundary purposes.
12. Elevations are shown in parenthesis end refer to Mean Sea Level, N.G.V.D. 1929 Datum.
13. Benchmark utilized: MON 3
BOUNDARY SURVEY OF: A parcel of land, being a portion of Ed Swift Road, in a part
of Government Lot 2, Section 22, Township 67 South, Range 26 East, on Big Coppitt
Key, Monroe County, Florida and being more particularly described as follows:
Commencing at the Southeast corner of Government Lot 3, Section 22, Township 67
South, Range 26 East, bear West for a distance of 15 feet to a point; thence bear
North for a distance of 1291.20 feet to a point; thence bear East for a distance of
65 feet; thence bear North for a distance of 108.00 feet to the Point of Beginning;
thence continue bearing North along the previously described course and along the
Westerly right of way line of Ed Swift Road for a distance of 105.00 feet to the
Northerly right of way line of the said Ed Swift Road; thence bear East and along the
said Northerly right of way line of the Ed Swift Road for a distance of 23.00 feet to
the Northwesterly corner of Lot No. 80, according to a survey of BIG COPPI7T TRAILER
PARK, Big Coppitt Key, Monroe County, Florida, by C.C. Bailey, Surveyor, dated
'September 1, 1958;-,thence bear South and along the Easterly right of way line of Ed
Swift Road for a distance of 105.00 feet to the Southwesterly corner of Lot 76 of the
said BIG COPPITT TRAILER PARK; thence bear West for a distance of 23.00 feet back to
the Point of Beginning.
BOUNDARY SURVEY FOR: Blake Russell Hill;
J.:/ dV QPI,YNN, INC.
THIS SURVEY
? IS NOT
J. Ln O Flynn, PM
Florida;Reg. #62.98 ASSIGNABLE
October 29, 2013
Revised 4-21-14 to add note
t Sheet Two of Two Sheets
Inc.
J. LYNN 0 FLYNN,
0:t0llr r_.,l l � — --
X:PI Ari:iNG?W ; / A \ - 401m.lena to r!Yoppor
3430.Duct:Ave..Key West,FL 33040.
(24,5)226-7422 FM 005)206-2241
PREPARED BY AND RETURN TO: Doc 1928393 04/12/2013 2:38PM
121Ct1:\R>�S.KI.I'rE'\iCN,ise. Filed & Recorded in Official Records of
RialArtn M.MATE:NICK,P.A. MONROE COUNTY AMY NEAVILTN
1009 SIMONTON STREET
KEY WtsT,FL 330,10
305-292-4101
FILE NUMSeR:REI3-015 04/12/2013 2:36P11
RECORDING FEE:$27.00 DEED DOC STAMP CL: 11T $4,900.00
Daat r5IRNTARY STAMPS Pain:$4,900.00
_ [Space above this line fn7 recording data] Roca 1926393
Mtn 2622 Poi 2093
WARRANTY DEED
THIS WARRANTY DEED is nude on this 10, day of April,2013,between MICHAEL W. BAMER, a married man,
INDIVIDUALLY and as TRUSTEE of the MICHAEI_W.BALER DECLARATION of TRUST dated MAY 18,2000,
whose address is 219 Olivia Street, Key West, FL 33040 (hereinafter referred to as 'Grantor'), and BU3,KE RUSSELL
HILL,a married mpn,whose address is 4584 Wood Duck Point,York,SC 29745(hereinafter referred to as"Grantee").
(Whenever used herein the terns Grantor and Cir,tnrec'include all the parties to this rntrurnent and the heirs,legal representatives,and assigns of
individuals,and the sucee snrs and assigns of rorporarions,mists and trustees)
Witnesseth, that said Grantor, for and in consideration of the sum of SEVEN HUNDRED THOUSAND &00/10U"
DOLLARS($700,000.00)and other good and valuable consideration to said Grantor in hand paid by said Grantee,the receipt
whereof is hereby acknowledged, has granted,bargained,and sold to the said Grantee, and Grantee's heirs anti assigns
forever,the following described land,situate,lying and being in Monroe County,Florida,with the street address of 30 Ed
Swift Road(&adjoining lots&Baybottom.),Big Coppitt Key,FI_33040,and more particularly described as:
LOT NO.: 76 ACCORDING TO A SURVEY OF BIG COPPITT TRAILER PARK,BIG COPPITT KEY, MONROE COUNTY,
FLORIDA, BY C.C. 13AILE:Y,SURVEYOR, DATED SEPTEMBER 1,1958,AND BEING A PARCEL OF LAND IN A PART OF
GOVERNMENT LOT 2, SECTION 22, TOWNSHIP 67 SOUTH, RANGE 26 EAST, AND BEING MORE PARTICULARI:t'
DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT 3,SECTION 22,
TOWNSHIP 67 SOUTH, RANGE 26 EAST, BEAR EAST FOR A DISTANCE OF 128 FEET TO A POINT;THENCE BEAR
NORTH FOR A DISTANCE OF 1399.20 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREINAFTER
DESCRIBED; FROM SAID POINT OF BEGINNING,CONTINUE BEARING NORTH FOR A DISTANCE OF 35 FEET'TO A
POINT;THENCE BEAR WEST FOR A DISTANCE OF 55 FEET TO A POINT;THENCE BEAR SOUTH FOR A DISTANCE OF
35 FEET TO A POINT;THENCE BEAR EAST FOR A DISTANCE OF 55 FEET,BACK TO THE POINT OF BEGINNING.
AND ALSO
LOT 1178 AND i:80 ACCORDING TO A SURVEY OF BIG COPPITT TRAILER PARK,BIG COPPITT KEY,MONROE COUNTY,
FLORIDA, BY C.G. BAILEY,SURVEYOR, DATED SEPTEMBER 1,1958,AND BEING A PARCEL OF LAND IN A PART OF
GOVERNMENT LOT 2, SECTION 22, TOWNSHIP 67 SOUTH, RANGE 26 EAST AND THE EAST 55" OF THE LANDS
DESCRIBED IN'TRUSTEES OF THE INTERNAL IMPROVEMENT-FUND DEED NO.22371 AND RECORDED IN OFFICIAL
RECORD BOOK 175 AT PAGE 58 OF THE PUBLIC RECORDS OF MONROE COUNTY,FLORIDA.SAID LOTS 78 AND SO
BEING MORE PARTICULARLY DESCRIBED IN THAT CERTAIN WARRANTY DEED FROM EDITH PAYNE,A WIDOW;
MARY MELLON PAYNE CIARK,JOINED BY HER HUSBAND,C.B.CLARK,JR.,AND RIJEBEN S. PAYNE,JR.,JOINED BY
HIS WIFE, ELINOR P.PAYNE,DATED APRIL 7,1964,FILED FOR RECORD SEPTEMBER 30,1964 IN OFFICIAL RECORD
BOOK 122,PAGES 222-226 OF'run PUBLIC RECORDS OF MONROE COUNTY,TO-WIT;
LOT NO. 78, ACCORDING TO A SURVEY OF BIG COPPITT TRAILER PARK, BIG COPPITT KEY, MONROE COUNTY,
FLORIDA, BY C.G. BAILEY,SURVEYOR, DATED SEPTEMBER 1, 1958,AND BEING A PARCEL OF LAND IN A PART OF
GOVERNMENT LOT 2, SECTION 22, TOWNSHIP 67 SOUTH, RANGE 26 EAST, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:COMMENCING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT 3,BEAR EAST FOR A
DISTANCE OF 128 FEET TO A POINT;THENCE BEAR NORTH FOR A DISTANCE OF 1434.20 FEET TO THE POINT OF
BEGINNING OF THE PARCEL..OF LAND HEREINAFTER DESCRIBED;FROM SAID POINT OF BEGINNING,CONTINUE
BEARING NORTH FOR A DISTANCE OF 35 FEET TO A POINT;THENCE BEAR WEST FOR A DISTANCE OF 55 FEET TO A
POINT;THENCE BEAR SOUTH FOR A DISTANCE OF 35 FEET TO A POINT; BEAR EAST FOR A DISTANCE OF 55
FEET,BACK TO THE POINT OF BEGINNING.
AND ALSO:
1.OT NO. B0, ACCORDING TO A SURVEY OF BIG COPPITT TRAILER PARK, BIG COPPITT KEY, MONROE COUNTY.
FLORIDA, BY C.G. BAILEY,SURVEYOR, DATED SEPTEMBER I, 1958,AND BEING A PARCEL OF LAND IN.A PART OF
GOVERNMENT LOT 2, SECTION 22, TOWNSHIP 67 SOUTH, RANGE 26 EAST, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:COMMENCING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT 3,BEAR EAST FOR A
DISTANCE OF 128 FEET TO A POINT;THENCE BEAR NORTH FOR A DISTANCE OF 1469.20 FEET TO TILE POINT OF
----..-iJ.ifm IRU,SrT01bLZ EXHIBIT
w,1url.wryUrTD
PAGE] I ;j
5
DocMM 1928393
Bk11 2622 Pgt4 2094
BEGINNING OF THE PARCEL.OF LAND HEREINAFTER DESCRIBED;FROM SAID POINT OF BEGINNING,CONTINUE
BEARING NORTH FOR A DISTANCE OF 35 FEET TO A POINT;THENCE BEAR WEST FOR A DISTANCE OF 55 FEET TO A
POINT;THENCE BEAR SOUTH FOR A DISTANCE OF 35 FEET TO A POINT;THENCE BEAR EAST FOR A DISTANCE OF 55
FEET,BACK TOTIlE POINT OF BEGINNING.
A PARCEL OE LAND ON BIG COPPITT KEY,AND KNOWN AS A PART OF TRACT 13,OF SIMILAR SOUND SECTION A
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT E100K 3, PAGE 126 OF THE PUBLIC RECORDS OF
MONROE COUNTY,FLORIDA,SAID PARCEL BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT 3,SECTION 22,TOWNSHIP 67 SOUTH,RANGE
26 EAST, BEAR DUE. FAST FOR A DISTANCE OF 128.00 FEET TO A POINT;THENCE BEAR NORTH AND AT RIGHT
ANGLES FOP.A DISTANCE OF 1399.20 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREINAFTER
DESCRIBED;THENCE BEAR FAST ANI)AI-RIGHT ANGLES FOR A DISTAN(I OF 5.00 FEEST'10 A POINT;THENCE BEAR
NORTH AND AT RIGHT ANGLES FOR A DISTANCE OF 125 FEET, MORE OR LESS TO THE N'LY LINE OF THE SAID
TRACT 13 AND THE APPROXIMATE SHORELINE OF AN EXISTING BAY AS SHOWN ON SAID PEAT BOOK 3 PAGE 1126;
THENCE BEAR WEST AND AT RIGHT ANGLES ALONG THE N'LY BOUNDARY LINE OF THE SAID TRACT B AND THE
SAID APPROXIMATE SHORELINE FOR A DISTANCE OF 5.00 FEET TO THE NW'LY CORNER OF TIIE SAID TRACT 13;
THENCE BEAR SOUTH AND AT RIGHT ANGLES ALONG THE W'LY BOUNDARY LINE OF THE SAID TRACT 13 FOR A
DISTANCE OF 125 FEET,MORE OR LESS,BACK TO THE POINT OF BEGINNING.
IOTA
A PARCEL OF LAND IN A PART OF GOVERNMENT LOT 2,SECTION 22,TOWNSHIP 67 SOUTH,RANGE 26 EAST,ON
BIG COPPITT KEY, MONROE COUNTY, FLORIDA, AND BEING MORE PARTICULARI Y DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT 3,SECTION 22,TOWNSHIP 67 SOUTH,RANGE
26 EAST,BEAR WEST FOR A DISTANCE OF IS FEET TO A POINT;THENCE 13FAR NORTH FOR A DISTANCE OF 1291.20
FEET TO A POINT;THENCE BEAR EAST FOR A DISTANCE OF 65 FEET;THENCE BEAR NORTH FOR A DISTANCE OF 85
FEET TO THE POINT OF BEGINNING;CONTINUE BEARING NORTH FOR A DISTANCE OF 52.50 FEET TO A POINT;
THENCE BEAR WEST FOR A DISTANCE OF 43.70 FEET TO AN EXISTING CANAL; THENCE S 88'54' 32" W FOR A
DISTANCE OF 52.5E FEET;THENCE AT AN ANGLE OF 88'54'32"TO THE RIGHT FOR A DISTANCE OF 44.70 FEET BACK
TO THE POINT OF BEGINNING.
LOT 13
A PARCEL OF LAND IN A PART OF GOVERNMENT LOT 3,AN))A PART OF GOVERNMENT LOT 2,ALL..IN SECTION 22,
TOWNSHIP 67 SOUTH, RANGE 26 EAST, ON 13IG COPPITT KEY, MONROE COUNTY, FI.OR11)A, .ANJ) BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:COMMENCING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT 3,
SECTION 22, TOWNSHIP 67 SOUTH, RANGE 26 EAST, BEAR \•VEST FOR A DISTANCE OF 15 FELT;THENCE BEAR
NORTH FOI2 A DISTANCE OF 1291.20 FEET TO A POINT;THENCE BEAR EAST FOR A DISTANCE OF 65 FEET;THENCE
BEAR NORTH FOR A DISTANCE OF 137.50 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE BEARING
NORTH FOR A DISTANCE OF 52.50 FEET TO A POINT;THENCE BEAR WEST FOR A DISTANCE OF 45.50 MEET TO AN
EXISTING CANAL;TIIENCCES S 31F 02'II"W FOR A DISTANCE OF 52.53 FEET;THENCE AT AN ANGLE OF 91'57'49"TO
THE RIGHT FOR A DISTANCE OF 43.70 FEET BACK TO THE POINT OF BEGINNING.
THE EASTERLY 144.53 FEET OF A PARCEL OF LAND AND BAY BOTTOM AS RECORDED IN O.R.BOOK 175,PAGE 58 OF
THE PUBLIC RECORDS OP MONROE COUNTY AS FOLLOWS:A PARCEL.OF LAND LOCATED NORTHERLY OF AND
ADJACENT TO LOT 29,GUI.F VIEW SE113DIVISION AS RECORDED IN PLAT 1300K 3,AT PAGE 17,MONROE COt.iNl'rY
OFFICIAL RECORDS AND THE WESTERLY 128 FEET OF GOVERNMENT LOT 2,SECTION 22,TOWNSEHP 67 SOUTH,
RANGE 26 EAST, BIG COPI'1TT KEY, MONROE COUNTY, FLORIDA AND IS MORE PARTICULARLY DESCRIBED AS
FOLLOWS: BEGIN AT THE NORI'FIWEST CORNER OF LOT 29 ACCORDING TO SAID PLAT OF GULF VIEW;THENCE
NORTH 140 FEET,MORE OR LESS,TO A POINT;THENCE NORTH 840 00' FAST A DISTANCE OF 279.53 FEET TO THE
NORTHWEST CORNER OF THAT CERTAIN PARCEL OF SUBMERGED IAND DESCRIBED IN TRUSTEES ELF.DEED NO.
21766;THENCE SOUTH ALONG TINE WEST LINE OF SAID CERTAIN PARCEI..OF SUBMERGED LAND A DISTANCE:OF
200 FEET TO A POINT IN THE NORTHERLY SHORELINE OF BIG COPPITT KEY;THENCE WESTERLY ALONG THE
MEANDERS OF SAID NORTHERLY SHORELINE:A DISTANCE OF 280 FEET, MORE OR LESS, BACK TO THE PINT OF
BEGINNING.
PARCEL IDENTIFICATION NUMBER:00121040-000101;ALTERNATE KEY("AK")NO.:1154709;AND,
PARCEL IDENTIFICATION N11MBER:00121300-000000;ALTERNAT 1:KEY("AK")NO.:1155021;AND,
PARCEI_IDENTIFICATION N1IMBER:00121430-000000;ALTERNATE KEY("AK")NO,:115.5225;AND,
PARCEL ID)NTIIICATI0N NUJMI3ERt;00121440-000000;ALTERNATE ERNATE KEY("AK")NO.:115523 3;Awn,
PA RCEL IDENTIFICATION NUMBER:R:00121030-000100;ALTERNATE KEY("AK")NO.;8692943;
•
SGIIJEC r TO CONDITIONS AND RESTRICTIONS OF RECORD,IF ANY;HOWEVER,TII IS DEED SHALL NOT OPERATE To RUE-IMIFOSL•
Tim SAME
SUBJECT TO: TAXIES FOR TIIFMAP,2013ANDS&U3.SIIQI;ENT YEARS
WARRA,'.'i PDL-TD Gam'
I.IG[,201�3 Y
• ()Oen 1928393
BIM 2622 Pgt3 2095
GRANTOR,MICHAEL W.BAIER,WARRaNTs THAT AT THE TIME OF THIS CONVEYANCE,THE SUBJECT PROPERTY IS NOT
IIIS HOMESTEAD WITHIN THE MEANING SET FORTH IN THE CONSTmJT1ON OF THE STATE OF FLORIDA, NOR IS IT
CON rIGUOl IS TO OR A PART OF 1115 HOMESTEAD PROPERTY.GRANTOR'S RESIDENCE AND HOMESTEAD Anrmress is 219 OLIVIA
STREET,KEY WEST,FL 33040. •
- Together with all the tenements,hereditamcnts and appurtenances thereto belonging or in anywise appertaining.
To Have and to Hold,the same in fee simple forever.
•
And the Grantor hereby covenants with said Grantee that the Grant:or is lawfully seized of said land in fee simple;that
the Grantor has good right and lawful authority to sell and convey said land;that the Grantor hereby fully warrants the
tide to said land and will defend the same against the lawful claims of all persons whomsoever;and that said land is free of
all encumbrances,except taxes accruing subsequent to December 31,2012,and those items listed above.
in Witness Whereof,Grantor has hereunto set.Grantor/'s hand and seal the day and year first above Written.
Signed,sealed and delivered in our presence: 1V,.r I O-(,f ?.- :ui(,�t —',i •.O f
Witness I signature /� ,
j) MICHAEL W.BAIER INDIVIDUALLY
Print c�1__c)r LA'
__f _. ei , 5_
/S _ I
1 Itness}t-3ihnature MICI•JAEI.W.BAIER as TRUSTEE oI'the
Print namE' /J�j'Z_kir "2,1 :ez„,,?- MICHAEL W.BALER DECLARATION of
TRUST dated MAY IS,2000
STATE OF MASSACHI.SET S
C:OI/WY OFBERKSHIRE. =J I4IA. ( a('I 3
I HEREBY C:ER'I•IFY that on thisklay personally appeared before me,an officer duly authorized to admi rister
oaths and take acknowleclgen its MICHAEL W.BAIER,iuho is personally known to me,or who produced4(C
V.Lcc;-4, + r' ,-n-��,f z S� ts identification, to be the same person who is the named Grantor described in the
foregoing WarF•ranty Deed,and hCaekriowledged to me that he executed the same freely and voluntarily for the purposes
therein expressed,with all requisite authority on behalf of the Trust.
WITNESS my hand and official seal at Lenox,Berkshire County,Massachusetts on this./ngda y of April,2013.
.,7•L
•
A-• 6?..&
• (STAMP/SEAL) / /Notary 't:hlie-State of MA
C;orunIc.ion Expires:_..__.-._ ._. _..
"Notary PubIIC
Lor] A. Robbins
"' Ca?rmc{tx hllh of Mtiss,'`chusolls •
te n f9 altespi
,2014
___...-.-----.•_-• -- — . IIONROE COIJNNTY
UirFiiiR MT To OFF ECIRL RECORDS
Plea•?or
Pooh 2010224' 12/24/2014 3:27P11
Filed 8 Rr:corded in Official Records of
MONROE COUNTY AMY HERVILIN
Prepared by and return to:
True Title Agency,Inc. 12/24/2014 3:27PM
PO Box 420321 DEED DOC STAMP CL: Krys 075.00
Summerland Key,FL 33042
305-872-4005
File Number: 2014-267 pea 2010224
81t142718 PIt 161
Parcel Identification No.00121510-000000 9
(Space Above This Line For Recording Data) _
Warranty Deed 12� ti�; `
(STA CUTORY FORM•SECTION 689.02.F.S.)
This Indenture made this 22nd day of December,2014 between Melvin Donald Ellington,a single man,f/k/a Melvin
Donald Jenkins whose post office address is 76 Palm Drive,Key West,FL 33040 of the County of Monroe,State of
Florida,grantor*,and Blake Russell Hill whose post office address is 4584 Wood Duck Point,York,SC 29745 of the
County of York,State of South Carolina,grantee";
Witnessed],that said grantor,for and in consideration of the sum of TEN AND NO/100 DOLLARS(S10.00)and other
good and valuable considerations to said grantor in hand paid by said grantee,the receipt whereof is hereby acknowledged,
has granted,bargained,and sold to the said grantee,and grantee's heirs and assigns forever,the following described land,
situate,lying and being in Monroe County Florida,to-wit:
1.o1 No.71,according to a survey of BIG COPPiTT TRAILER PARK,Big Coppitt Key,Monroe
County,Florida,by C.G.Bailey,Surveyor,dated September 1,1958,and being s parcel of land in a
part of Government Lot 3,and part of Government Lot 2,all in Section 22,Township 67 South,
Range 26 East, and being more particularly described by metes and bounds as follows:
COMMENCING at the Southeast corner of Government Lot 3,bear%Vest for a distance of 15 feet to
a point;thence bear North for a distance of 1291.20 feet to a point;thence hear East for a distance of
65 feet to a point;thence bear North for a distance of 42.5 feet to the Point of Beginning of the parcel
of land hereinafter described,front said Point of Beginning,continue North for a distance of 42.5 feel
to a point; thence bear West for a distance of 44.70 feet to a canal; thence bear South along said
canal for a distance of 42.5 feet to a point;thence bear East for a distance of 47.5 feet back to the
Point of Beginning.
Subject to taxes for 2014 and subsequent years; covenants, conditions, restrictions, easements,
reservations and limitations of record,if any.
Together with that certain Mobile Homo It)N 23554203; Year 1954; Make SPARTA; Title'tf
13141737
and said grantor does hereby fully warrant the tide to said land,and will defend the snore against lawful claims of all persons
whomsoever.
•"Grantor and"Grantee"are used for singular or plural,as context requites.
In Witness Whereof,Grantor has hereunto set grantor's hand and seal the day and year first above written.
Signed,sealed and delivered. re in our presence:
JL.ia ✓ Q- �'�---(Seal
Witness N ne Cl•fr7R:A�'.1Le?,f)i12_ vinDTd ilia n
y-. .,e Jg wQ Jc�v'>�C ./,--•r
Witness Name: 5GkCZ-tJ .3I;..1.Jh_SGlc.nL S
Stare of Florida
County of Monroe
The foregoing instrument was acknowledged before me this 22ttdt ay of December,2014 by Melvin Donald Ellington,who
Li is personally known or[X]has produced a driver's license as id tification,
[Notary Seal] otary Pub is /
1
Printed Name:
rN'ri'• RICHARD J.FIELDER
MY cceagssiou tFFMI I My Conunission Expires:
W' `- EXPIRES:Junetl.2017 "---'
.*G„y!NV acrora rvanxayp„tsretier.,ten
4
MONROE.COUNTY Dou4loTilnN
OFFICIAL RECORDS