02/20/2019 Agreement GV�S COURTq c
Kevin Madok, CPA
Clerk of the Circuit Court& Comptroller— Monroe Count Florida
o p Y,
E cOVN
DATE: March 14, 2019
TO: Kevin G.Wilson, PE
Assistant County Administrator
FROM: Pamela G. Hancock, D.C.
SUBJECT: February 20'BOCC Meeting
Attached is an electronic copy of Item C2, 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., for your handling.
Should you have any questions,please feel free to contact me at (305) 292-3550. Thank
you.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
Docp 2208933 02/28/2019 3:45PM
Filed & Rec•
orded in Official Records of
MONROE COUNTY KEVIN MADOK
Doet$ 2208933
MI 2951 POI 828
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 20th day of February ,2019 by
and between MONROE COUNTY, FLORIDA,a political subdivision of the State of Florida ("Grantor"),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 Exhibit"A"and incorporated by reference, including four
(4) parcels of land referred to as Parcels "A", "B", "C" and "D". Parcel "A" 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 attached hereto as Exhibit"B".
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
attached hereto as Exhibit"C". Through its ownership of said property,Grantee acquired an easement right
across Parcel "A"of Grantor's property, as set forth in the Easement Agreement that is attached hereto as
Exhibit"B". This easement right is hereafter referred to as the"Existing Easement".
3. A portion of the Existing Easement interferes with the use of part of Grantor's developed property(namely,the
FKAA Facilities). Grantee has agreed to surrender and relinquish its interest in the Existing Easement(solely
as to that portion located on Grantor's property) in return for the grant of a comparable substitute easement
from Grantor to Grantee. A drawing (prepared by Keith and Schnars) depicting Grantor's and Grantee's
properties,including the location of the Existing Easement, is attached hereto as Exhibit"D"(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 Grantor's 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 Grantee's property described in Exhibit
"C"; through and across Grantor's property as described in Exhibit"A", and more particularly identified as
Parcel"B"of Grantor's property.
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 for releasing Grantee's interest in that portion
of the Existing Easement located on Parcel"A"of Grantor's 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 accessing Grantee's property. Grantor shall
,
Docn 2208933
Bk13 2951 PO 829
furnish and maintain:the Easement Premises free and clear from any obstruction, and shall not construct,
place, or allow the placing or construction of any obstruction that would interfere with the Grantee's rights
as provided herein. Nothing herein shall be construed to require Grantor to construct, improve Or maintain
the accessway other than as a dirt and gravel road substantially similar to the accessway in place at the
execution date of this Agreement.
2. _Release(Partial)of Existing Easement, Grantee hereby releases, disclaims and extinguishes any and all
,right,benefit and interest in that portion Of the Existing Easement lying within Parcel A of Grantor's property,
as more fully described in Exhibit"A" hereto. '
3. No Public.Dedication. Nothing contained in this Easement shall, or shall be deemed to, constitute a gift or
dedication of any portion of the Substitute Easement Premises to the general public or to be for the benefit
of the general public or for any other public purpose whatsoever; It is the intention of the parties that this
Easement shall be for the Use and benefit of Grantee and its guests, agents, employees_, contractors,
invitees, legal representatives, successors and assigns, in connection with:their business.
4. Maintenance and Repair of Easement Premises. Subject to the limitation stated.in Paragraph 1 .above,
Grantor shall maintain the Substitute Easement Premises in such a manner so as not to unreasonably
restrict,impair or delay ingress to and egress from.the Grantee's property, and shall not use the Easement
Premises for a purpose inconsistent with the grant of easement in this Agreement.
5. Binding Effect. This Easement, along with all covenants, stipulations, terms, conditions and provisions,
shall run with the land in perpetuity, and shall bind and benefit the parties hereto and their respective
successors and assigns.
6- Grantor Warranties.. The Grantor does hereby warrant good and marketable title for the Easement
Premises and that it has full power to enter into this Easement.
7. Attorney Fees and Costs. In the,event of any litigation or arbitration arising out of this Easement, the
prevailing party shall be entitled to recover reasonable attorneys' and paralegals'fees and other legal costs
expended, or incurred in connection therewith, before, during and subsequent to any litigation, including
arbitration and appellate proceedings, bankruptcy or similar creditor/debtor proceedings.
IN WITNESS WHEREOF,Grantor and Grantee have executed this"Agreement to Release and Extinguish
Existing Easement and Grant of Substitute Easement"as of the date first above written,
Wit sses: MON--0 E COU • , FLORIDA, a political
s • i n of 0:4af Florida '/ 10-- n_____ subs: / .. . .4.4..a i aA
Signature of Witness i' la J. M y, Mayor
Z ei -D. P4onie&
Printed Na a of Witness
IhtilL
MONROE COUNTY ATTORNEY'S OFFICE
Sig attire of Witness
APPROVED AS TO FORM:�/b� i �n
Printed Name of Witness Digitally signed by Cynthia L.
Hall
f DN:cn=Cynthia L.Flail,
Ceemji
4-• ��,�,///// \o=Monroe County BOCC,ou,
tttt'"' email=hall-
wcynthia@monroecounty-fl.gov,
c=US
" Date:2019.02.06 18:17:07-05'00'
S,a"
Docq 2208933
Bkp 2951 Pga 830
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged befo e i day o , 2019, by
Sylvia J. Murphy, as Mayor of Monroe County, Flo( a. She is perso aIly known to m or produced
as identification.
;y{YP, ' BRENEDYRIGBY I St a of Florida
S�' MY COMMISSION#GO 245771 ' q_s— a --
Withesses: My Commission:Pan iztrk.., T MAN . F FL IDA
4i .c. By
Signature of Witness J MES F. L B S, Vice Pre ent -- -- --- - -
L_t S C . 311 VOL (Corporate Seal)` ; '
Printed Name of Witness
Signature of Witness i!,= ' l ,,
Lr�/e c,, /40,4 if c,•,
Printed Name of Witness
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me this �� day of , 2019, by
James F. Lambros, as Vice President of Waste Management Inc. of Florida. Hej= _____
known to me or
produced as identificati n.
Notary Public, Stat-•'• .'P 3'da
mmission 4 GG 147299
wr ,u. ,..3, Ores January 29,2022
My Commission: "P$OFFie Bonded nwBudgetrknrys«rk%
i.
,:nr ,
3
!,
'Pl1
•
Doc# 1525268 06/28/2005 9:13AM
NW Recorded in Official Records of
•
COUNTY • NNW L. 1C4L1fACE.
This instrument prepared by or under esi28/2005 8:13AM
the supervision of (and after DEED DOC STAMP CL: P1i $17,945.2a
recording should be returned to) :
Dock 1m
Name: Judith Kenney, Attorney Bki 2127 Pg8 1242
Address: Judith Kenney & Associates., P.A. ,
777. Brickell :Avenue, Suite 1070
Miami, 'Florida 33231 (space r..exrow for Clerk of Court)
• Doca 2208933
Property Appraiser's Alternate Key Bkq 2951 Pgq
A portion of #00122080 & '00122070
WARRANTY DEED
THIS DEED is made this: 16th day of June, 2005, between
Rockland Investment Corporation, Inc. , a Florida corporation (the
"Grantor") , and Monroe County, a political subdivision of the
State of Florida. (the "Grantee") ,, whose address- is 1100 Simonton
Street, Key West, Florida 33040
WITNESSET H:
THE GRANTOR, in consideration of Ten Dollars and other good
and valuable consideration paid by the Grantee, the receipt and
sufficiency of which are hereby acknowledged, has granted,
bargained and sold, and by these presents does grant, bargain and
sell., to the Grantee, and the Grantee' s successors and assigns
forever, the following property located in Monroe County, Florida
(the "Property") , to wit: .
Exhibit A Attached.
SUBJECT TO:
1. Taxes and assessments for the year 2005 and subsequent
years.
2 . All laws, ordinances, regulations, restrictions,
prohibitions and other requirements imposed by
governmental authority, including, but not limited to,
all applicable building, zoning, land use and
environmental ordinances and regulations.
3 . Easements, conditions, restrictions, matters,
limitations and reservations of record, without the
intention of reimposing same.
•
EXHIBIT
• Ping. 1525288
` 13k8 2127 Pg8 1243
TO HAVE AND TO HOLD unto the Grantee and the Grantee' s
successors and assigns in fee simple forever.
THE GRANTOR hereby warrants the title to the Property and
will defend the same against the lawful claims of all persons
whomsoever.'
IN WITNESS WHEREOF, the Grantor has executed this Deed as of
the day and year first above written.
Signed, sealed and delivered Docq 2208933
in the presence of: Bkq 2951 Pgu 832
Sign Name: 44.
! �`:%� ROCKLAND INVESTMENT
� CORPORATION, INC.
Print Name: �. �ce /1.. d' '- i t
Susan J. K44, Pres.
Sign Name:
Print Name: A t ie .Ro.01.lUc L
STATE OF FLORIDA
-COUNTY of 'mOOE
The foregoing instrument was acknowledged before me this 16th
day of June, 2005, by Susan J. Kemp, who is personally known to
me/has produced a driver's license issued by the State' of: Florida
as identification.
Notary Public
My ComMission Expires
— Mca
OOOflan
F:\JK\KEMP\ROCKLAND\Sale to Monroe County\WARRANTY.DEED.doc
- 2 -
Deb# 1523268
Exhibit A B14 a127 PIA 1244
Legal Description DeepBkN 295189Pgp 833
DESCRIPTION: PARCEL "A"
A parcel of land lying in and being a part of Government Lot No.
7, Section 21, Township 67 South, Range 26 East., Rockland Key,
Monroe County, Florida :(also to be known as Tract 4 of the future
map or plat entitled "Rockland Key Commerce Center" at the time
of recordation) and said parcel being more particularly described
as follows:
Commencing at the Southwest corner of the- map or
plat entitled "Rockland Village" as recorded in Plat
Book .4, Page 133, of the Public Records of Monroe
County, Florida.; thence North, along the Westerly
limits. of the said "Rockland Village" , a distance of'
29. 30 feet to a point; thence West, leaving the said
Westerly limits, a distance of 1840.50 feet to the
Northwest corner: of lands described .in .Official Records
Book 373, Page(s) 112 and 113 of the said Public
Records of Monroe County, Florida; thence continuing
West, a distance of 932. 99 feet to a point hereinafter
to be known as the "Point of Beginning"; thence
continuing West, a distance =of 173 .11 feet to a point;
thence North, a distance of 340 .74 feet to .a point;
thence East, a distance of 173 . 11 feet to a point;
thence South, a distance of 340 .74 feet back to the
"Point of Beginning" .
Containing 58, 966 square feet or 1 .394 acres more or less.
DESCRIPTION: PARCEL "B"
A parcel of land lying in and being a part of Government Lot No.
7, Section 21, Township 67 South, Range 26 East, Rockland 'Key,
Monroe County, Florida'"" (also to be known as Tract 5 `of "the future
map or plat entitled "Rockland Key Commerce Center" at the time
of recordation) and said parcel being more particularly described
as follows:
Commencing at the Southwest corner of the map or
plat entitled "Rockland Village" as recorded in Plat
Book 4, Page 133, of the Public Records of Monroe
County, Florida; ,. thence , North, , ,along the Westerly
limits of the said "Rockland Village" , a distance of
29.30 feet to a point; thence West, leaving the said
Westerly limits, a distance of 1840.50 feet to the
Northwest corner of lands described in Official Records
- 3 -
Doc 2208933
Bkq 2951 POI 834✓
• DmalEUMBEI
Blki# 2127 Pg9 1245
Book 373, 'Page (s) 112. and 113 of the said Public
Records of Monroe County, Florida; thence continuing
West, a distance of 932 . 99 feet to a point; thence
North, a distance of 340 . 74 feet to a point hereinafter
to be known as the "Point of Beginning" ; thence
continuing North, a distance of 161 .93 feet to a point;
thence West, a distance of 173 .11 feet to a point;
thence South, a distance of 161 . 93 feet to a point;
thence East, a distance of 173 .11 feet back to the
'"Point of Beginning" .
Containing 28, 032 square feet or 0 . 644 acres more or less.
DESCRIPTION: PARCEL "C"
A parcel of land lying in and being a part of Government Lot No.
7, Section 21, Township 67 South, Range 26 East, Rockland Key,
Monroe County, Florida (also to be known as Tract 13 of the
future map or plat entitled "Rockland Key Commerce Center" at the
time of recordation) and said parcel being more particularly
described as follows:
Commencing at the Southwest corner of the map or plat
entitled "Rockland Village" as recorded in Plat Book 4,
Page 133, of the Public Records of Monroe County,
Florida; thence North, along the Westerly limits of the
said "Rockland Village" , adistance of 29 .30 feet to a
point; thence West, leaving the said Westerly limits, a
distance of 1840 .50 feet to the Northwept corner of
lands described in .Official Records .Book .,373, Page (s)
112 and 113 of the said Public Records of Monroe
County, Florida; thence continuing West, a distance of
932 .99 feet to a point; thence North, a distance of
502.67 feet to a point hereinafter to be known as the
"Point of beginning" ; thence East a distance of 110.00
feet to a point; thence North, a distance of 104 .12
feet to a point; thence West, a distance of 283 . 11 feet
to a point; thence South, a distance of 104 .12 feet to
a point, thence East, a distance of 173 .11 feet back to
the "Point of Beginning" .
Containing 29,477 square feet or 0 .677 acres more or less.
;DESCRIPTION: PARCEL "D"
A parcel of land lying in and being a part of Government Lot No.
7, Section 21, Township 67 South, Range 26 East, Rockland Key,
Monroe County, Florida (also to be known as Tract 20 of the
future map or plat entitled "Rockland Key Commerce Center" at the
time of recordation) and said parcel being more particularly
described as follows:
- 4 -
Docq 2208933
Bkp 2951 Pgp 835 ✓
Docti. muse
Bkn 2127 POI 1248
Commencing at the Southwest corner of the map or plat
entitled "Rockland Village" as recorded in Plat Book 4,
page 133, of the Public Records of Monroe County,
Florida; therice`North, along the Westerly limits of the
said "Rockland Village" , a distance of 29.30 feet to a
point; thence West, leaving the said Westerly limits, a
distance of 1840 .50 feet to the Northwest corner of
lands described in Official Records Book 373, Page(s)
112 and 113 of the said Public Records of Monroe
County, Florida; thence continuing West, a distance of
932 .99 feet to a po tlt; thence North, a4. distance of
502.67 feet to a ,point; .thence .East, a distance of
110.00 feet to a point; thence North, a distance of
104 . 12 feet to a point hereinafter to be known as the
"Point of Beginning" ; thence continuing North, a
distance of 104.12 feet to a point; thence West, a
distance of 2'81.11 feet to a point;. thence South, a
distance of 104 .12 feet to a point; thence East, a
distance of 283. 11 feet back to the "Point of
Beginning" .
Containing 29,477 square feet or 0 .677 acres more or less.
;ONROE COUNTY
OPPt01111. RECORDS
- 5 -
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e: BIM 2951 PO 836 �,' y7 " tc'fl
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1, SE('�1ENT A,GRvEMENT s7"
THIS AGREEMENT made this Q?a^'-day of , 1996, by and between r� a
` C.T.$., INC., a Florida corporation(hereinafter referred to as�nd THE BREWER COMPANY f �.
=t OP FLORIDA,INC., a Florida corporation(hereinafter referred to as"Brewer").il } ;'
,, t ;,s..
I. In consideration of the covenants mid promises. contained herein and as additional ;'L 1741
;i consideration for the train*by Warranty.Beast from C.T.B. to Brower of an adjoining parcel of land vii a :.
' legally:described on Exhibit."An hereto,C:TsB hereby grants and conveys to'13reweivtheir successors and is.
asslgni, 11 non-exclusive easetitent In perpeta ty for ingress and egress purposes &et. and across the
following described property: y5 �`4
4V41-,F,-,i
vt
A parcel of land in a part of Government Lot 7, Section 21., Township 67 Soutlt, f
Range 26 East en Rockland Key, Monroe County, Florida and being more f
particularly described as follows; »,-
Commence at the intersection of the Centerline of U.S. Highway No. 1 (State Road n>n + 1
` No.5)anal the West abutment of the Rockland Ivey Viaduct; thence S 63°09'24" W a ;- P;.
along the original Centerline of U. S. Highway No. 1 for 2110.00 feet;thence North
for 970.73 feet;thence West for 1197.08 feet to the Point of Beginning;thence North ��-, ''',
for 40.00 feet; thence West for 560.26 feet;thence South for 40.00 feet;thence.East
x .
for 560.26 feet to the Point of Beginning. . _ _- . - =
s« . 'k+
Said Easement for ingress and egress purposes shall be used for commercial purposes. +,
2 • 2. The previously mentioned Easement for ingress and-egress will be maintained in good
1 ' .:
repair by the parties hereto, '? ``
3. This grant of Easement will run with the land and will be binding on and will inure to the
benefit of the parties hereto, their heirs,successors and assigns. i'� ,1
t '�
•
4. C.T.H., for itself,its successors and assigns. !mains the right to use the easement area for t 'r 1 m
any use not inconsistent with the grant. .rIii 1,e
. .
(_ro_P3CAKAGCLIENCSMC ABRaWBRItiASaMaNE.A0R 1 ;' i*
i ..4
, EXHIBIT
r i c?< e. .Sr t,. +:b:t Y»4' w a.^`. :'f ;",' ttFt'a-=.rt ',•. yl• a . :ro....'`-s'ille livA 4 k14."1.filiVt4:,ti5n t c t'2'3 ... ,et ,
n rs .
•
.-"dr »,..44, }� t��• AA.»sir•.. ii' .»c.w -...«a,4:rsl.s •f:.41,4 1ra '#4116••4•:i�t't?1�'.,*:i •141 .2Air - Doe 2208933 I2,,W1
Blot 2951 Pgq 837
1
•V
• Ort 1 li. 0 0 PIGEO 8 5 0 4
,.. 9 1+2 8 26 at, f ; .
s ; 5. The repairs and maintenance to be undertaken and performed under this Agreement will
x Include the following and onlythe following: fillingofchuckltoles,or raveli Anyadditional repairs .£
� p ti :5,
or maintenance deemed'necessary or advisable,but not included within the maintenance and repair specified ei
abt ve,will not be-undertaken under this Agreement.except with the express written consent of each of the i '
e parties an assumption by each in writing° of their'.proportionate share of financial liability for the:cost � =
of such additional repairs or maintenance. ce,'e
, 5. The parties hereto agree to equally bear the costs and expenses of repairs and maintenance
authorized pursuant to this Easement. JA'
7. Anyliabilityof theparties forpersonal injury to any worker employed to make �;:
j Yrepairs ,j.
e, •
under this 4grecmcnt,or to third persons,as well as any liability of tine parties'for dotage.to the property :r '
of the agent, or any such worker. or of any third persons; as a result of or arising out of tepairs and J,
' 0 maintenance under this Agreement, will be borne, as between the parties, in the same percentages as they t=„
a
bear the costs and expenses of such repairs and maintenance, , R
IfS B. Each'of the parties hereby indemnifies and holds.the others harmless from any and all y ''
liability for injury to himself or herselfordatnagc to his or her property when such injttry or damage results.
44 from,arise out of, or is attributable to any maintenance or repair undertaken pursuant to this Agreement; p4
it
.�. 9. All notices,elections;e1ernauds,:requests imd.other cornmmnivations'hereunder shall be in i
i writing, signed by the party making the same and shall be sent by certified or registered'United:rates mall, ;
ex postage prepaid, addressed as follows: tt
•�.
t� 'To C.T.B.: c:r.B., Inc, �,��
I'.-O. Box 5011 0 '�
' Monroe, NC 28110-0519J :' ,°_
t ft?
To Brewer: Mr. Walter'R. Brewer
The Brewer Company of Florida, Inc.
b'' " 10400 NW 121 Way li,a°
ee Miami, FL 33178 `igi
Vi- IV-
or at such other address as may hereafter be designated In writing by either party hereto.
WITNESS our hands and seals this a7a°`�`'day of , 1996. e
`.le. .•fix
:,'5 WITN • ESt ,
Vi C,T.B.,INC.,a Florida corporation a
rod,: ,; ' .,
ete 1t Q.4 1 JOH� F. JOYN resident
�'„` Prim Nava:.(t4� �i�'$ �sl� d°1'� a A
'tilt„.„ .l;
"1 2 gees,-a2 ee + r,T�/.r1- ,. ee .
'' POI NM:,/AN 4IE•t- '- ..STie ftw AI v!
%'- ....a` ..f{ 1 -
} l.e
a DD}CAKAG1Ct1 ENTStCrD1IMEWERWAS5,1 EN L Aa R'
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l'q'*,•i+: :'°-e 'ate .<ioi=1;;rrat Y4"*F: ''':=„..` .,..x-'-ar 3'ty s sM+f.,N�.i,a.,,...7"'" .•.'dfit.� -+��..X•'`5 .. ;:`.".`` .t:T.,.•W ci". . 7..#7'i^ 7.'t:_...•, jZ....:.. 0,.
.. RfirEr I ti. a o FatO 8 5 1 . 1",,'
i.
-s .
, _ // _ .. o is
THE BREWER COMP •i4Y OF LOR1DA,,INC.9• 7x
a Florida corpor a
P, h t ' s I A WALT .FBREWER, Pro ldent • . '.' •- 4.
3
Riot Alarm: 1: .r+,o :17,Mir.' ' .. .''• +.
Doc 2208933
_ Bktt 2951 Pgq 838 ,f
' STATE OF FLORIDA N )
f COUNTY OF MONROE Union )
. The foregoing instrument was acknowledged before me.thisc rt'tday of \
1996: by JOIIN P. ,OYNER w President of C.T,1�! INC,,.who.itpersonally known to me or. who .39
, roil eed, ' as
\'+ tt tI lchtion. • if
T. 1 ca: • Mil'Ccfrnitf 1$IIi Expires: a• -rrOoO t'��..r,— f�;� ,_,"...aQ-,,,�_._.
s ' • 40 4? NOTARY PUBLIC 4.State of Florida N t,
Print RC:%Vr ......aeeR�ki
•'
1 )
COUNTY OP DM) ) - s
i 4f
The foregoing instrument was acknowledged before me this•1, ,day of ri I ‘i
A t496,b a s; ..R R. BREWER Pre.sicLent or THE BREWER R COMPANY OF ' .*RIDA, INC„ ti
who I. arson E mown to me or who produced ,
f, as:identtftcation.
My COettnisalceta Estp res: 4-1A-s.r_&_. . ,}�:. ),..
5, NOTARY PUBLIC•State of-Florida
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A parcel of land in a part of Government Lot 7,Section 21,Township 67 South,Range .'r
26 Bast on Rockland Key, Monroe County, Florida and being more particularly described
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as foil t
MLNCE:nt-the intersection of. the Centerline of U.S. Highway No. 1 (State Road a.,
.,
No. 5)and along the`West abutment of the Rockland Key Viaduct;thence S 63°09'20"Vf
along the original Centerline of U. S. Highway No. 1 for 2110,00 feet; thence North_ ,z
970.73 feet; thence West for 1197.08 feet; thence North for 40.00 feet to the Point of .;+S
,: Beginning; thence continue North for215.00 feet; thence West for 365.00 feet; thence s:.
South for 215.00 feet;thence,Bast for 365.00 feet to the Point of Beginning'.
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Dc,;14 21,47842 12/19/2017 12:17F M
FPtaI�R�I:Cc rde in Qf iVC1°�A 4ggKcords >>f
Prepared by:
H.William Perry,Esq.
Gunster,Yoakley&Stewart,P.A.
777 South Flagler Drive ��/ .=J/Z017 i2:17Pt1
Phillip's Point,Smite 500 East p Dal: S tAPI _CL: toys 8t7.,5a0.
West Palm Beach,Florida 33401
Do':t :Z147842
Return to: 6ioi 21383 PO 1492
Waste m c.of Florida
to Corporate 1 Estate Department
720 Fast B t Road,4th Floor ^-";'
Lombar Illinois 6 8 t,ice i i_R
603 STA?iWIXSTREET,SUITE 190
Tax ID Nos. O01220S0 000I01 P1171331.1ROi,Pik 15222
00122070-000300 Doen 2208933
00122080-000301 Bkq 2951 PO 840
Space Above this Line for Recording Data
Special Warranty Deed
THIS SPECIAL WARRANTY DEEP made this IAA, day of December, 2017, by
RANGER CONSTRUCTION INDUSTRIES, INC., a Florida corporation, successor in. interest
by merger with PAVEX Cf)RP-ORA.TION, a Florida corporation(hereinafter called "Grantor"),
whose mailing address is 101 Sansbury's Way, West Palm Beach, Florida 33411, to WASTE
MANAGEMENT INC. OF FLORIDA, a Florida corporation (hereinafter called "Grantee"),
whose mailing address is do Corporate Real Estate Department, 720 East.Butterfield Road, 4th
Floor, Lombard,Illinois 60148.
(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
or other business entities.)
WITNE$SET:Hc
THE GRANTOR,for and in consideration of the sum of TEN AND NO/100 DOLLARS
($i1100)and other good and valuable consideration to it in hand paid by said Grantee, the receipt
and sufficienc 1 of which is hereby acknowledged, hereby grants, bargains and sells to Grantee,
its successors and a assigns forever, the following described real property (the "Property"),
situated in Monroe County,Florida,described as follows:
See Exhibit"A"attached hereto and made a part hereof.
THIS DEEI)IS SUBJECT TO the following(the reference to which shall not be deemed
to reimpose any of the same): those matters set forth on Exhibit"B"attached hereto and made a
part hereof.
WPE ACTIVE 82366032
EXHIBIT
s
Doe{ 2208933
Bk{ 2951 PO 8411,,4'.--
DT A1178411.20 1493
TO IIAVE LAND TO HOLD the Property in fee simple forever, together with all
improve tents thereon. and all tights, easements, privileges, tenements, hereditaments and
appurtenances belonging thereto and in any way appertaining unto Grantee.
GRANTOR does hereby covenant with Grantee that,at the time of delivery of this Deed,
Grantor was lawfully seized of the Property in fee simple, Grantor had good right and lawful
authority to sell and convey the Property and, except as noted herein, the Property was free from
all encumbrances made by Grantor, and that Grantor will warrant and defend the title to the same
against the lawful claims of all persons, claiming by,through or under Grantor, but against none
other.
IN WITNESS WHEREOF,Grantor has hereunto set Grantor's hand and seal the day and
year first above written.
•
Signed sealed and delivered RANGER CONSTRUCTION INDUSTRIES,
in our Presence: INC.,aFlorida corporation, successor in interest
by merger with PAVEX CORPORATION, a
`Florida corporation -
Print Name:lAtt.. 4.Fit v.h4 By:
Name: Michael A. Ye llio
Title: Vice President
Print Name:
STATE OF FLORIDA )
} ss.
COUNTY OF PALM BEACH }
The foregoing instrument was acknowledged before me this day of December,2017,by
Michael A. Vecellio,the Vice President of RANGER CONSTRUCTION INDUSTRIES,INC., a
Florida corporation,successor in interest by merger with PAVEX CORPORATION,a Florida
corporation,on behalf of the corporation,who:
personally known to me,or
Cl has produced Florida Driver's License(s)or as iclentification.
_ E . �
Notary PubI ' MARCIA a NINES
bkv(ONWQIS81011 tFF20027Z
•• EXPIRES Apr1 02.2019
Notary Seal.`4'rI 3 1"
-2-
WFe ACTIVE 8236603.2
Doers 2208933
BIM 2951 POI 842 lr
Do'.E1 2147842
Eikli 2383 PO 1494
EXHIBIT"A"
Parcel 1:
A parcel of land in a Part:of Government,Lot 6 & 7, Section 21, Township 67 South,
Range 26 East, on Rockland Key, Monroe'County, -Florida and"being more particularly
. described as follows: Commence at the intersection of the Centerline of U.S.
Highway No. 1 (State Road No. 5) and the West Abutment of the Rockland Key
Viaduct; thence South 63°09'20" West along the original centerline of U.S. Highway
No. 1 for 2110.00 feet; thence North for 970.73 feet; thence West for 1562.10 feet
to the Point of Beginning; thence North for a distance of 502.65 feet; thence West
for a distance of 110.00 feet; thence South for a distance of 502.65 feet; thence East
for a distance of 110.00 feet to the Point of Beginning.
Together with a non-exclusive easement recorded in Official Records Book 1646,
Page 7, which is legally described as:
A parcel of land, 40 feet in width in a part of Government Lots 5 & 6, Section 21,
Township 67 South, Range 26 East on Rockland Key, Monroe County, Florida and
being more particularly described as follows:
Commence at the intersection of the Centerline of U.S. Highway No. 1,(State Road
No. 5) and the West abutment of the Rockland Key Viaduct; thence S 63°09' 20" W
along the original Centerline of U.S. Highway No. 1 for 2110.00 feet; thence North
970.73 feet; thence West for 510.68 feet to the Point?of Beginning; thence North for
40.00 feet; Thence West for 1051.40 feet; thence South for 40.00 feet; thence East
for 1011.40 feet; thence South for 625.42 feet to the Northwesterly Right-of-Way
Line of U.S. Highway No. 1 (State Road No. 5) and a point on a curve concave to the
Northwest; thence along the curve in a Northeasterly direction whose radius is
4836.16 feet, having a central angle of 00°28' 27" with a chord bearing of N 88°01'
15" E and a chord length of 40.02 feet for an arc length of 40.02 feet; thence North
and leaving the said curve and the Northwesterly Right-of-Way Line for 624.10 feet
to the Point of Beginning. Subject to the terms and conditions of seid easement.
.
And that non-exclusive easement recorded in.Official Records Book 1400, Page 849;
of the Public Records of Monroe County, Florida, which is legally described as:
A parcel of land in a part of Government Lot 7, Section 21, Township 67 South,
Range 26 East on-Rockland Key, Monroe County, Florida and being more particularly
described as follows:
Commence at the intersection of the Centerline of U.S. Highway No. 1 (State Road
No. 5) and the West abutment of the Rockland Key Viaduct; thence South'63°09'20"
West along the original Centerline of U.S.'Highway No. I for 2110.00 feet; thence
North for 970.73 feet; thence West for 1197.08 feet to the Point of Beginning;
thence North for 40.00 feet; thence West for 560.26 feet; thence South for 40.00
feet; thence East for 560.26 feet to the Point of Beginning.
Together with a non-exclusive easement recorded in Official Records Book 1400,
Page 845, which is legally described as follows:.
A parcel of land in a part of Government Lot 7, Section 21, Township 67 South,
Range 26 East on Rockland Key, Monroe County, Florida and being more particularly
33
Bkt1�2951 89PO 843 /,0,#°--
Do; 2147842
Bkli 2883 PO 1495
described as follows:
Commence at the intersection of the Centerline of U.S. Highway No. 1 (State Rod
No. 5) and the West abutment of the Rockland Key Viaduct; thence S 63°09'20" W
along the original Centerline of U.S. Highway No, 1 for 2110.00 feet; thence North.
970.73 feet; thence West for 1717.34 feet to the Point of Beginning; thence continue
West for 40.00 feet; thence South for 634.16 feet to the Northerly Right-of-Way Lane
of U.S. Highway No. 1 ; thence N 89°39'23" E along the Northerly Right-of-Way Line
of U.S. Highway No. 1 for 40.00 feet; thence North for 633.92 feet; to the Point of
Beginning.
Subject to the terms and conditions of said easements.
Parcel 2:
A Parcel of land in a part of Government Lot 7, Section 21, Township 67 South,
Range 26 East on Rockland key, Monroe Cotfnty, Florida and being. more particularly
described as follows:
COMMENCE at the intersection of the Centerline of U.S. Highway No. 1 (State Road
No. 5) and along the West abutment of the Rockland Key Viaduct; thence S 63
degrees 09'20" W along the original Centerline of U.S. Highway No. 1 for 2110.00
feet,; thence North 970.73 feet; thence West for 1197.08 feet; thence North for
40.00 feet to the Point of Beginning; thence continue North for 215.00 feet; thence
West for 365.00 feet; thence South for 215.00 feet; thence East for 365.00 feet to
the Point of Beginning,
Together with a non-exclusive easement recorded in Official Records Book 1400,
Page 845, which is legally described as follows:
A parcel of land in a part of Government Lot 7, Section 21, Township 67 South,
Range 26 East on Rockland Key, Monroe County, Florida.and being more particularly
described as follows:
Commence at the Intersection of the Centerline of U.S. Highway No. 1 (State Road
No. 5) and the West abutment of the Rockland Key Viaduct; thence S 63°09'20" W
along the original Centerline of U.S. Highway No. 1 for 2110.00 feet;. thence North
970.73 feet; thence West for 1'717.34 feet to the Point of Beginning; thence continue
West for 40.00 feet; thence South for 634.16 feet to the Northerly Right-of-Way Line
of U.S. Highway No. 1 ; thence N 89°39'23" .E along the Northerly Right-of-Way Line
of U.S. Highway No. 1 for 40.00 feet; thence North for,633.92 feet; to the Point of
Beginning.
And that non-exclusive easement recorded in Official Records Book 1400, Page 849,
of the Public Records of Monroe County, Florida,which is legally described as:
A parcel of land in a part of Government Lot 7, Section 21, Township 67 South,
Range 26 East on Rockland Key, Monroe County, Florida and being more particularly
described'as follows:
Commence at the intersection of the Centerline of U.S. Highway No. 1 (State Road
No. 5) and the West abutment of the Rockland Key Viaduct; thence South 63°09'20"
Doc14 2208933
BIM 2951 PO 844 Doi:tt :2147842
Bkit 2383 PO 1498
West along the original Centerline of U.S. Highway No. I for 2110.00 feet; thence
North for 970,73-feet; thence West for 1197.08 feet to the-Point of Beginrng;
thence North for 40.00 feet;, thence West for 560:26 feet;thence South for 40.00
feet; thence East far 560.26 feet to the Point of Beginning.
Together with a non-exclusive easement recorded in Official Records Book 1646,
Page 7, which As legoily.described ast
A parcel of land, 40 feet ih Width In-a part of Government Lots 5 & 6, Section 21,
Township 67 South, Range 26 East on Rockland Key, Monroe County, Florida and
being more parkicylerJy described ps follows:
Commence at the intersection of the Centerline of U.S. Highway No. 1 (State Road
No. 5) and the West abutment of the Rockland Key Viaduct; thence S 63°09' 20" W
along the original Centerline of U.S, Highway No. 1 for 2110.00 feet; thence North
970.73 feet;,thence West.for 510..68,feet totthe Point of Beginning; thence North for
40.00 feet; Thence West for 1051.40 feet; thence South for 40-.00 feet; thence East
for 1011.40 feet; thence South for 625.42 feet to the Northwesterly Right-of-Way
Line of U.S. Highway No. 1 (State Road No. 5) and a point on a curve concave to the
Northwest; thence along the curve in a Northeasterly direction whose radius Is
4836.18 feet, having a central angle of 00°28' 27" with a chord bearing of N 88°01'
15" E and a chord length-of 40.02 feet for an arc length of 40.02 feet; thence North
and leaving the said curve and the Northwesterly Right-of-Way Line for 624.10 feet
to the Point of Beginning.
Subject to the terms and conditions of said easements.
• Parcel 3:
A parcel of land In'a part of Government Lots 5"& 6, Section 21., Township 67 South,
Range 26 East on Rockland Key, Monroe County, Florida and being more particularly
described as follows:
Commence at the intersection of the Centerline of U.S. Highway No, 1 (State Road
No. 5) and the West abutment of the Rockland Key Viaduct; thence S 63 °0920" W
along the original Centerline of U.S. Highway No. 1 for 2110.00 feet; thence North
970.73 feet; thence West for 1197.08 feet; thence-North-for 40.00 feet to the Point
of Beginning; thence continue North for 215.00 feet; thence West for 365.00 feet;
thence North for 160.00 feet; thence East for 415.00 feet; thence South for 375.00
.feet; -thence West for 50.00 feet-to the-Point of be9Jpning.
Together with a non-excluslve easement tecor deal tri Official Records-Book 1646,
Page 7, which Is legally described as:
A parcel of land, 40 feet in width in a part of Government Lots 5 & 6, Section 21,
Township 67 South, Range 26 East on Rockland Key, Monroe County, Florida and
being more particularly described as follows:
Commence at the intersection of the Centerline of U.S. Highway No, 1 (State Road
No. 5) and the West abutment of the Rockland Key Viaduct; thence S 63°09' 20" W
along the original Centerline of U.S. Highway No, 1 for 2110.00 feet; thence North
970.73 feet; thence West for 510.68 feet to the Point of Beginning; thence North for
40.00 feet; Thence West for 1051.40 feet; thence.South far 40.00 feet; thence East
Decq 2208933
Bkii 2951 PO 845
for 101f.40 feet; thence South for 625.42 feet to the Northwesterty Right-of-Way
Line of U.S. Highway No. 1 (State Road No. 5) and a point on a curve concave to the
Northwest; thence along the curve in a Northeasterly direction whose radius is
4836.18 feet, having a central angle of 00°28' 27"with a chord bearing of N 88°01'
15" E and a_chord length of 40.02 feet for an arc length of 40.02 feet; thence North
and leaving the said curve and the Northwesterly Right-of-Way Line for 624.10 feet
to the Point of Beginning.
Subject to the-terms and conditions of said easement.
lcrq 2147842 1497
tgit isti 2883 P
• Dock 2208933
Bkk 2951 Pgk 846
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VW 2383 PO 1498
EXHIBIT"l3"
PERMITTED EXCEPTIONS
(Monroe County,Florida)
1. Taxes and assessments for the year 2018 and subsequent years,which are not yet due and
payable.
2. State Law under Chapter 76-190,now oodified under Chapter 380,Florida Statutes; Chapter
27F-8 and Rule 28-29.00] et.seq.,of the Florida Administrative Code for Land Planning for
the Florida Keys Area of Critical State Concern,as originally recorded at Official Records
Book 668,Page 43, of the Public Records of Monroe County,Florida.
3. Subject to County Ordinance No. 10-1977, providing for annual levy on garbage and trash
collection fees to be assessed upon this parcel of land, as amended by County Ordinance No.
13-1978,Monroe County,Florida.
4. Land use restrictions imposed under the Monroe County Land Use Plan and any other land
use restrictions which may-have been or will be imposed.by.any governmental body,
including,but not limited to, the County of Monroe,the State of Florida and the Anny Corps
of Engineers.
5. An:undivided 1/2 interest of all of the oil,gas and other mineral rights, whether metallic or
non-metallic, in and under that land hereinafter described, without rights of entry,for the
purpose of drilling, exploring and mining,and in every way operating for and producing such
oil,gas and other minerals,and the removal of the same,in,under and upon the Parcel,made
by Key Farm Land Co.;a corporation existing under the Iaws of the State of Florida to.Henry
C.Wurzer, Thomas J.'Walsh and V.O. Figge, filed October 29, 1951,recorded in Official
Records Book G58,Page 26,of the Public Records of Monroe County,Florida.These rights
do not apply to rock, sand,gravel and like minerals located on or found on;and under that
land described in.Quit Claim Deed recorded in Official Records Book 930,Page 266,of the
Public Records of Monroe County, Florida.
6. Easement granted to the Utility Board of the City of Key West,Florida, for public utility
purposes,in,under,over and across the described land,in the management,operation,
maintenance, extension,construction, improvement,supervision and control of the municipal
electric utility dated July 16, 1965,and recorded in Official Records Book 349,Page 91,of
the Public Records of Monroe County,Florida(as to Parcels 1 and 2).
7. Easement Agreement recorded on August 1,2000 in Official Records Book 1646,Page 7,of
the Public Records of Monroe County, Florida(as to Parcel 1).
8. AICU zoning exceptions as set forth in Resolution as to high noise or high hazard area
recorded in Official Records Book 787,Page 234,of the Public Records of Monroe County,
Florida.
,4- 1
;�UPB ACTivE'82366032
•
9. Restrictions filed April 12, 1940 recorded in Official Records Book G-9, Page 284, of the
Public Records of Monroe County,Florida(as to,Parcel 3).
10. Survey prepared by Keith& Schnars dated October 18,2017 under Project No. 18341-oI
reveals encroachments of 6'chain link fence,metal flagpole and trailer over those easements
recorded in Official Records Book 1.646,Page 7 and Official Records Book 1400,Page-845,
of the Public Records of Monroe County, Florida.
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Doc11 2208933
BkI3 2951 PO 849
r LEGEND:
BK. BOOK P.O.C. POINT OF COMMENCEMENT
M.C.R. MONROE COUNTY RECORDS RGE. RANGE
LB LICENSED BUSINESS TWP. TOWNSHIP
O.R.B. OFFICIAL RECORDS BOOK (D) DEED (PER O.R.B. 2127, PG. 1242, M.C.R.)
P.B. PLAT BOOK (C) CALCULATED
PG. PAGE (P) PLAT (PER P.B. 7, PG. 76, M.C.R.)
P.O.B. POINT OF BEGINNING q. CENTERLINE
P.S.M. PROFESSIONAL SURVEYOR AND MAPPER NO. NUMBER
LEGAL DESCRIPTION: 3
A PARCEL OF LAND IN GOVERNMENT LOT 7, SECTION 21, TOWNSHIP 67 SOUTH, RANGE 26 EAST, ROCKLAND KEY. r
MONROE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE n_
INTERSECTION OF THE CENTERLINE OF U.S. HIGHWAY NUMBER 1 (STATE ROAD NUMBER 5) AND THE WEST W
ABUTMENT OF THE ROCKLAND KEY VIADUCT; THENCE SOUTH 63309'20" WEST ALONG THE ORIGINAL CENTERLINE OF
U.S. HIGHWAY NUMBER 1 FOR 2,110.00 FEET; THENCE NORTH, 970.73 FEET; THENCE WEST, 1,672.10 FEET TO THE 3
SOUTHEAST CORNER OF PARCEL "A" AS SHOWN IN THE OFFICIAL RECORDS BOOK 2127 PAGE 1242 (MONROE
COUNTY RECORDS); THENCE NORTH, 340.74 FEET ALONG THE EAST LINE OF SAID PARCEL "A" TO THE SOUTHEAST i
11
CORNER OF PARCEL "B" AS SHOWN IN OFFICIAL RECORDS BOOK 21`27 PAGE 1242 (MONROE COUNTY RECORDS); o
THENCE NORTH, 8.31 FEET ALONG THE EAST LINE OF SAID PARCEL "B" TO THE POINT OF BEGINNING; THENCE J
WEST, 173.11 FEET TO A POINT Off THE THE WEST UNE OF SAID PARCEL "8"; THENCE NORTH ALONG THE WEST 1'
LINE OF SAID PARCEL "8", 40.00 FEET; THENCE EAST, 173.1 1 FEET TO A POINT ON THE EAST LINE OF SAID ;-
PARCEL "B"; THENCE SOUTH ALONG THE EAST UNE OF SAID PARCEL "B" A DISTANCE OF 40.00 FEtl TO THE 0
POINT OF BEGINNING.
U
SAID LANDS LYING IN ROCKLAND KEY, MONROE COUNTY, FLORIDA. CONTAINING 6,924 SQUARE FEET (0.1590 ACRES)
MORE OR LESS. >3
SURVEY NOTES: N
1. THIS ITEM HAS BEEN OFFICIALLY SIGNED AND SEALED BY BENJAMIN B. HOYLE ON THE DATE ADJACENT TO THE U
SEAL. G
2. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE ,
VERIFIED ON ANY ELECTRONIC COPIES.
3. BEARINGS SHOWN HEREON ARE RELATIVE TO ROCKLAND INDUSTRIAL PARK REPLAT (P.B. 7 PG. 76 M.C.R.) WITH A
REFERENCE BEARING OF S 63'09'20" W ALONG THE ORIGINAL CENTERLINE OF U.S. 1
4. THIS IS NOT A SURVEY. J
5. LANDS SHOWN HEREON• WERE NOT ABSTRACTED FOR RIGHTS—OF—WAY, EASEMENTS, OWNERSHIP, OR OTHER
INSTRUMENTS OF RECORD.
6. THE LAND DESCRIPTION SHOWN HEREON WAS PREPARED BY THE SURVEYOR. z
7. (D) = DEED REFERS TO DEED DESCRIPTION PER O.R.B. 2127, PG. 1242 M.C.R. a
i z
CERTIFICATE:
f HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS Fo
DEPICTED TO THE BEST OF MY KNOWLEDGE, BELIEF, AND INFORMATION AS DELINEATED UNDER MY DIRECTION ON o
SEPTEMBER 18, 2018. I FURTHER CERTIFY THAT THIS SKETCH OF DESCRIPTION MEETS THE STANDARDS OF
PRACTICE SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J-17, w
FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, SUBJECT TO THE La
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QUALIFICATIONS NOTED HEREON. mtilk4r
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KEITH AND SCHNARS, P.A. - .\ze ',� i
ENGINEERS—PLANNERS—SURVEYORS 4 06769 F
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BY: BENJAMIN B. HOYLE, P.S.M. .� ��,, �� 1.3 t. -� . ,I, �Rtaat�a11�r1�
FLORIDA REGISTRATION NO. 6769 sfo- FLORIDA �$ g� p asz3s1.1mtta3aa1a21.1�s 7 j
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A PORTION OF GOVERNMENT SCALE AS SHOWN - — ,_aT }, : SCHNAPS
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A PORTION OF GOVERNMENT SCALE N/A '-- --_-- _- ARS
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DWG. BY M.I.B. FORT LAUDERDALE. FL 33309-2132 (954)776-1616
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PROJECT Na 18341.02L