Item C02
C.2
BOARD OF COUNTY COMMISSIONERS
C ounty of M onroe
Mayor Sylvia Murphy, District 5
Mayor Pro Tem Danny Kolhage, District 1
TheFloridaKeys
Michelle Coldiron, District 2
Heather Carruthers, District 3
David Rice, District 5
County Commission Meeting
February 20, 2019
Agenda Item Number: C.2
Agenda Item Summary #5162
BULK ITEM: Yes DEPARTMENT: Assistant County Administrator Kevin
Wilson
TIME APPROXIMATE: STAFF CONTACT: Kevin Wilson (305) 292-4441
No
AGENDA ITEM WORDING: Approval of a non-exclusive access easement in favor of Waste
Management of Florida across the County property on East Rockland Key to replace the access
easement through the Big Coppitt wastewater treatment plant.
ITEM BACKGROUND: This easement is necessary because the disposal
well and stormwater containment for the Big Coppitt wastewater treatment plant are located in the
original easement . When Waste Management purchased the property east of
it acquired the rights to the Existing Easement. To avoid the expense of
relocating the well and stormwater containment, Waste Management is being granted the Substitute
Easement in return for relinquishing any claim to the Existing Easement. The Substitute Easement is
located in an area to avoid conflict with expected future construction.
PREVIOUS RELEVANT BOCC ACTION: The BOCC acquired and ultimately used the
property over which the Existing Easement runs in June 2005, for use by FKAA for construction of
the Big Coppitt Wastewater Treatment Plant. The initial overarching lease agreement for the subject
parcel and others in various County owned; FKAA operated central sewer systems was entered on 6
September 2005 and amended as to the amount of the system development fee on 22 November
2005.
CONTRACT/AGREEMENT CHANGES:
NO
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Replacement Easement Waste Management (REV 2 7 19)
FINANCIAL IMPACT:
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Effective Date: Upon approval by the BOCC and recording with the Clerk of Courts
Expiration Date: None
Total Dollar Value of Contract: N/A
Total Cost to County: N/A
Current Year Portion: N/A
Budgeted: N/A
Source of Funds: N/A
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: No If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details: None
N/A
REVIEWED BY:
Kevin Wilson Completed 01/30/2019 11:33 AM
Cynthia Hall Completed 02/05/2019 10:16 AM
Budget and Finance Completed 02/05/2019 10:28 AM
Maria Slavik Completed 02/05/2019 12:02 PM
Kathy Peters Completed 02/05/2019 12:05 PM
Board of County Commissioners Pending 02/20/2019 9:00 AM
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This instrument was prepared
by and should be returned to:
Oropeza, Stones & Cardenas
221 Simonton Street
Key West, FL 33040
AGREEMENT TO RELEASE AND EXTINGUISH EXISTING EASEMENT
AND
GRANT OF SUBSTITUTE EASEMENT
THIS AGREEMENT TO RELEASE AND EXTINGUISH EXISTING EASEMENT AND GRANT OF
SUBSTITUTE EASEMENT (the "Easement") is made and entered into this day of , 2019 by
and between MONROE COUNTY, FLORIDA, a political subdivision of the State of Florida with a mailing
address at 1100 Simonton Street, Key West, FL 33040; and WASTE MANAGEMENT INC.OF FLORIDA, a Florida for
profit corporation ("Grantee"), with a mailing address at 2700 Wiles Road, Pompano Beach, FL 33073.
RECITALS:
1. On June 16, 2005, Grantor purchased real property located in Monroe County, Florida, more particularly
described in the Warranty Deed attached hereto as and incorporated by reference, including four
(4) parcels of land referred to as Parcels , D. is hereinafter referred to as the
FKAA Facilities. The Warranty Deed transferring fee simple title to Monroe County, Florida is recorded in
Official Records Book 2127, at Page 1242 of the Public Records of Monroe County, Florida. Warranted title to
said property is subject to an Easement Agreement recorded in Official Records Book 1400, at Page 0849 of
the Public Records of Monroe County, Florida. A copy is
2. Grantee is the owner of real property located in Monroe County, Florida by Special Warranty Deed recorded in
Official Records Book 2883, at Page 1492 of the Public Records of Monroe County, Florida. A copy is
Through its ownership of said property, Grantee acquired an easement right
across Parcel A of , as set forth in the Easement Agreement that is attached hereto as
B. This easement right is hereafter referred to as the
3. A portion of the Existing Easement interferes with the use of part of developed property (namely, the
FKAA Facilities). Grantee has agreed to surrender and relinquish its interest in the Existing Easement (solely
) in return for the grant of a comparable substitute easement
from Grantor to Grantee. A drawing (prepared by Keith and Schnars) depicting s
properties, including the location of the Existing Easement, is attached hereto (said drawing is
for illustrative purposes and does not constitute a boundary survey).
4. Grantor has agreed to grant unto Grantee an access easement over real property located in Monroe
County, Florida. Said access easement is more particularly described on Exhibit E, which is attached
hereto, incorporated by reference, and hereinafter referred to as the "Substitute Easement Premises", and is
granted in order to provide Grantee ingress and egress to and from the described in Exhibit
C;
5. Grantee wishes to receive a non-exclusive ingress and egress easement over the Substitute Easement
Premises, for the benefit of both Grantor and Grantee, in return fo
of the Existing Easement located on Parcel A of Grantors property.
NOW, THEREFORE, for Ten Dollars ($10.00) and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, Grantor and Grantee agree as follows:
1. Grant of Substitute Easement. Grantor conveys to Grantee, its employees, agents, contractors, invitees,
guests, successors and assigns, a non-exclusive easement for access, ingress and egress over, upon and
across the Substitute Easement Premises for the purpose of Grantor shall
Attachment: Replacement Easement Waste Management (REV 2 7 19) \[Revision 1\] (Access easement for Waste Management at Rockland Key)
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MONROECOUNTYATTORNEY'SOFFICE
APPROVEDASTOFORM:
Attachment: Replacement Easement Waste Management (REV 2 7 19) \[Revision 1\] (Access easement for Waste Management at Rockland Key)
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Attachment: Replacement Easement Waste Management (REV 2 7 19) \[Revision 1\] (Access easement for Waste Management at Rockland Key)
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Attachment: Replacement Easement Waste Management (REV 2 7 19) \[Revision 1\] (Access easement for Waste Management at Rockland Key)
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Attachment: Replacement Easement Waste Management (REV 2 7 19) \[Revision 1\] (Access easement for Waste Management at Rockland Key)
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Attachment: Replacement Easement Waste Management (REV 2 7 19) \[Revision 1\] (Access easement for Waste Management at Rockland Key)
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Attachment: Replacement Easement Waste Management (REV 2 7 19) \[Revision 1\] (Access easement for Waste Management at Rockland Key)
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Attachment: Replacement Easement Waste Management (REV 2 7 19) \[Revision 1\] (Access easement for Waste Management at Rockland Key)
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Attachment: Replacement Easement Waste Management (REV 2 7 19) \[Revision 1\] (Access easement for Waste Management at Rockland Key)
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Attachment: Replacement Easement Waste Management (REV 2 7 19) \[Revision 1\] (Access easement for Waste Management at Rockland Key)
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Attachment: Replacement Easement Waste Management (REV 2 7 19) \[Revision 1\] (Access easement for Waste Management at Rockland Key)
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Attachment: Replacement Easement Waste Management (REV 2 7 19) \[Revision 1\] (Access easement for Waste Management at Rockland Key)
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Attachment: Replacement Easement Waste Management (REV 2 7 19) \[Revision 1\] (Access easement for Waste Management at Rockland Key)
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Attachment: Replacement Easement Waste Management (REV 2 7 19) \[Revision 1\] (Access easement for Waste Management at Rockland Key)
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Attachment: Replacement Easement Waste Management (REV 2 7 19) \[Revision 1\] (Access easement for Waste Management at Rockland Key)
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Attachment: Replacement Easement Waste Management (REV 2 7 19) \[Revision 1\] (Access easement for Waste Management at Rockland Key)
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Attachment: Replacement Easement Waste Management (REV 2 7 19) \[Revision 1\] (Access easement for Waste Management at Rockland Key)
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Attachment: Replacement Easement Waste Management (REV 2 7 19) \[Revision 1\] (Access easement for Waste Management at Rockland Key)
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Attachment: Replacement Easement Waste Management (REV 2 7 19) \[Revision 1\] (Access easement for Waste Management at Rockland Key)
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Attachment: Replacement Easement Waste Management (REV 2 7 19) \[Revision 1\] (Access easement for Waste Management at Rockland Key)
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Attachment: Replacement Easement Waste Management (REV 2 7 19) \[Revision 1\] (Access easement for Waste Management at Rockland Key)
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Attachment: Replacement Easement Waste Management (REV 2 7 19) \[Revision 1\] (Access easement for Waste Management at Rockland Key)
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Attachment: Replacement Easement Waste Management (REV 2 7 19) \[Revision 1\] (Access easement for Waste Management at Rockland Key)
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Attachment: Replacement Easement Waste Management (REV 2 7 19) \[Revision 1\] (Access easement for Waste Management at Rockland Key)
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