Item C30 C.30
t, BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida Keys � � �l'U � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
August 21, 2019
Agenda Item Number: C.30
Agenda Item Summary #5931
BULK ITEM: Yes DEPARTMENT: Airports
TIME APPROXIMATE: STAFF CONTACT: Richard Strickland (305) 809-5200
no
AGENDA ITEM WORDING: Approval of an Avigation Easement with GEM HOMES LLC to
provide a right-of-way for the free and unrestricted passage and flight of aircraft in, through across
and about the airspace above a parcel of property described in Exhibits A and B adjacent to the
Florida Keys Marathon International Airport in consideration of fulfillment of a condition of project
approval by the City of Marathon
ITEM BACKGROUND: Gem Homes is proposing construction of residential homes across from
Aviation Blvd across from the western end of the runway at the Marathon Airport. As part of the
approval process the county has requested that the developer be required to provide an Avigation
Easement to Monroe County.
PREVIOUS RELEVANT BOCC ACTION: n/a
CONTRACT/AGREEMENT CHANGES:
new avigation easement
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
GEM HOMES Avigation Easement
FINANCIAL IMPACT:
Effective Date: Upon Execution
Expiration Date: None; In Perpetuity
Total Dollar Value of Contract: -0-
Total Cost to County: -0-
Current Year Portion:
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C.30
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required: N/A
Additional Details:
N/A
REVIEWED BY:
Richard Strickland Completed 08/06/2019 1:31 PM
Pedro Mercado Completed 08/06/2019 1:43 PM
Budget and Finance Completed 08/06/2019 2:50 PM
Maria Slavik Completed 08/06/2019 2:57 PM
Kathy Peters Completed 08/06/2019 3:01 PM
Board of County Commissioners Pending 08/21/2019 9:00 AM
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AVIGATION EASEMENT
This indenture, made this day of , 2019, between GEM HOMES,
LLC., a Florida limited liability company (hereinafter "GRANTOR"), and Monroe County, a
political subdivision of the State of Florida(hereinafter"GRANTEE"),provides that:
A.The GRANTOR for and in consideration of fulfillment of a condition of project approval,does
hereby grant to the GRANTEE,its successors and assigns,a perpetual and assignable easement in
and over that certain parcel of real property more particularly identified and described in Exhibits E
"A" and "B" attached hereto and made a part hereof (said parcel hereinafter referred to as M
PARCEL), and a right-of-way for the free and unrestricted passage and flight of aircraft of the
class,size and category as is now or hereinafter may be operationally compatible with the Florida
Keys Marathon International Airport, in, through, across and about the airspace above an
imaginary plane,as such plane is defined by Part 77 of the Federal Aviation Regulations,over said
PARCEL, as described below(hereinafter"Airspace").
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B. The Airspace for avigation easement purposes above said PARCEL consists of all of the air E
space above the imaginary plane that is described by Part 77 of the Federal Aviation Regulations. :
C. The aforesaid easement and right-of-way described in Paragraphs A and B includes but is not
limited to:
1.For the use and benefit of the public,the easement and continuing right to fly,or cause or permit
the flight by any and all persons or aircraft,of the class,size and category as is now or hereinafter
may be operationally compatible with the Florida Keys Marathon International Airport, in, E
through, across or about any portion of the Airspace bereinabove described; and M
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2.The easement and right to cause or create,or permit or allow to be caused or created within the
Airspace,such noise,dust,turbulence,vibration,illumination,air currents,fumes,exhaust,smoke
and all other effects as may be inherent in the proper operation of aircraft,now known or hereafter
used for navigation of or flight in air; and
3. The continuing and perpetual right to clear and keep clear the Airspace of any portions of
buildings, structures, or improvements of any and all kinds, and of trees, vegetation, or other
objects, including the right to remove or demolish those portions of such buildings, structures,
improvements, trees or any other objects which extend into said Airspace and the right to cut to
the ground level and remove any trees which extend into the Airspace; and c
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4. The right to mark and light, or cause or require to be marked or lighted, as obstructions to air
navigation,any and all buildings,structures,or other improvements,and trees or other objects now
upon,or that in the future may be upon,said PARCEL,and which extend into the Airspace; and
5. The right of ingress to, passage within, and egress from said PARCEL, solely for the above
stated purposes.
D. GRANTOR, on behalf of itself, its successors and assigns hereby covenants with the
GRANTEE,Monroe County,as follows: 0
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1.GRANTOR,its successors and assigns,will not construct,install,permit or allow any building,
structure, improvement, tree, or other object on said PARCEL,to extend into the Airspace, or to
constitute an obstruction to air navigation, or to obstruct or interfere with the use of the easement
and right-of-way herein granted;and
2.GRANTOR,its successors and assigns,will not hereafter use or permit the use of said PARCEL U)
in such a manner as to create electrical or electronic interference with radio communication or
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radar operation between any installation upon the Florida Keys Marathon International Airport
and any aircraft. 0
E.The easement and right-of-way herein granted shall be deemed both appurtenant to and for the
direct benefit of that real property which now or hereinafter constitutes the Florida Keys Marathon
International Airport, and shall further be deemed in gross,being conveyed to the GRANTEE for
the benefit of the GRANTEE, and any and all members of the general public who may use said
easement or right-of-way,taking off from, landing upon,or operating such aircraft in or about the 0
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Florida Keys Marathon International Airport, or in otherwise flying through said Airspace. M
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F. This grant of avigation easement shall not operate to deprive the GRANTOR, its successors or
assigns,of any rights that it may otherwise have from time to time against any individual or private
operator for negligent or unlawful operation of aircraft.
G. It is understood and agreed that these covenants and agreements run with the land and shall be
binding upon the heirs,representatives,administrators,executives, successors,and assigns of the
GRANTOR, and that for the purposes of this instrument, the PARCEL shall be the servient
easement and the Florida Keys Marathon International Airport shall be the dominant tenement.
H. The avigation easement, covenants and agreements described herein shall continue in effect
until the Florida Keys Marathon International Airport shall be abandoned or shall cease to be used
for public airport purpose,at which time it shall terminate.
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IN WITNESS W HEROF,the parties have caused this easement agreement to be executed by their
respective officer or representative thereunto duly authorized the day and year first written above.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST:KEVIN MADOCK,CLERK OF MONROE COUNTY,FLORIDA
By.............................................. By................ ..............._.....,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,...................................................,,,,.................................................... .. 0
......... ........... .,,...,...............................,,.. ........., M
Deputy Clerk Mayor/Chairperson
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G NTOR
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E O S, LLC., a Florida limited 0
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State of FLORIDA By: is Al
County ofMONROE As: anager
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019 be Luis Alo o, as Manager anagerr of GEM HOMES, LLC, a Florida limited liability,,,,,,,,,,,,,,,,p
The foregoingacknowledged .....�
2 y liability company,
who ® is persona.11y known to me or ❑ who produced a u E r's I QaSQ- 0
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identification, regarding the attached instrument de as Avigation ent and to
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whose signature(s)this notarization applies.
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Notary Public printed name
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ASSISTANT
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Docp 2069574 03/30/2016 3:40PM
Filed d Recorded in Official Records of
MONROE COUNTY AMY HEAVILIN
Prepared by and return to: 03/30/2016 3:40PM
Thomas D.Wright DEED DOC STAMP CL: MR $4,655.00
Attorney at Law
Law Offices of Thomas D.Wright Chartered
9711 Overseas Highway Doch 2069574
Marathon,FL 33050 UP 2789 Pgo 179
305-743-8118
File Number: 16-075
Will Call No.:
S ace Above This Line For Recording Data
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Warranty Deed
This Warranty Deed made this 30th day of March,2016 between Theodore Dominic,Individually and as Trustee of aM
the International House Investment Group Land Trust whose post office address is 1075 75th Street Ocean East,
Marathon,FL 33050,grantor,and Gem Homes,LLC,a Florida limited liability company whose post office address is
9240 SW 72nd Street,Ste.108,Miami,FL 33173,grantee:
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(Whenever used herein the terms"grantor"and"grantee"include all the parties to this instrument and the heirs,legal representatives,and assigns of 0
individuals,and the successors and assigns of corporations,trusts and trustees) 2
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Witnesseth, that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00)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: .�
All that certain parcel of land situate in the County of Monroe,State of Florida,described as follows:
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A TRACT OF LAND IN A PART OF Section 1 and Section 2,Township 66 South,Range 32 East, W
Vaca Key, Monroe County, Florida and being that portion of those lands described in Official r_
Record Book 855, Page 1837 lying northerly of the centerline of an existing canal and being more
particularly described by metes and bounds description as follows:
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Commencing at the intersection of the northwesterly right-of-way line of Old State Highway No.4-A
and the line dividing said Sections I and 2,bear North 67 degrees,51 minutes,00 seconds East along
said northwesterly right-of-way line for a distance of 26.99 feet to the West right-of-way line of
Aviation Boulevard;thence bear North along said West right-of-way line for a distance of 489.14 feet
to the northeast corner of that certain property as described in Official Record Book 855,Page 1837-
1839 to the POINT OF BEGINNING; thence bear South 71 degrees, 54 minutes,00 seconds West
along said northerly line of those lands described in Official Record Book 855, Pages 1837-1839 a
distance of 266.85 feet to the interior corner of those lands described in Official Record Book 855,
Page 1837;thence bear North 18 degrees,06 minutes,00 seconds West,along the most northerly East
line of those lands described in Official Record Book 855,Page 1837-1839,for a distance of 101 feet,
more or less to an existing basin; thence meander the shoreline of said basin in a westerly and
southerly direction 437 feet,more or less,to a point,said point being North IS degrees,06 minutes,
00 seconds West from the southeast corner of said basin a distance of 17.71 feet,said point also being
on the centerline of an existing canal projected southwesterly;from said point bear North 71 degrees,
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Doch 2069574
Bkq 2789 P9N 179
thence bear North along said West right-of-way line Aviation Boulevard for a distance of 184.34 feet
back to the Point of Beginning.
Parcel Identification Number:00101340-000000&00101340-000200
Grantor warrants that at the time of this conveyance, the subject property is not the Grantor's
homestead within the meaning set forth in the constitution of the state of Florida,nor is it contiguous
to or a part of homestead property.
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.
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And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the U)
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 r-
encumbrances,except taxes accruing subsequent to December 31,2015.
In Witness Whereof,grantor has hereunto set grantor's hand and sea]the day and year first above written.
Signed,sealed and delivered in our presence: U)
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wifin , Na : k I0 111T. Theodore Dominic,Individually and as Trustee
�Wttness Name: ,� �
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State of Florida M
County of Monroe r®
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The foregoing instrument was acknowledged before me this 12A— ay of March,2016 by Theodore Dominic as Trustee of the
International House Investment Group Land Trust,who [_]is personally known or [X]has produced a driver's license as
identification.
[Notary Seal] Not ry Public
KATHRYN K HUNT Printed Name: D
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of Notary Public•State of Florida
" Commission#FF 6177
My Commission Expires:
M Comm.Expires May 21,2t)i7
y 9 Assn.
,OFF, Bonded throu through �
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Docp 2069574 03/30/2016 3:40PM
Filed d Recorded in Official Records of
MONROE COUNTY AMY HEAVILIN
Prepared by and return to: 03/30/2016 3:40PM
Thomas D.Wright DEED DOC STAMP CL: MR $4,655.00
Attorney at Law
Law Offices of Thomas D.Wright Chartered
9711 Overseas Highway Doch 2069574
Marathon,FL 33050 UP 2789 Pgo 179
305-743-8118
File Number: 16-075
Will Call No.:
S ace Above This Line For Recording Data
P' I—.._ _ --
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Warranty Deed
This Warranty Deed made this 30th day of March,2016 between Theodore Dominic,Individually and as Trustee of aM
the International House Investment Group Land Trust whose post office address is 1075 75th Street Ocean East,
Marathon,FL 33050,grantor,and Gem Homes,LLC,a Florida limited liability company whose post office address is
9240 SW 72nd Street,Ste.108,Miami,FL 33173,grantee:
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(Whenever used herein the terms"grantor"and"grantee"include all the parties to this instrument and the heirs,legal representatives,and assigns of 0
individuals,and the successors and assigns of corporations,trusts and trustees) 2
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Witnesseth, that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00)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: .�
All that certain parcel of land situate in the County of Monroe,State of Florida,described as follows:
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A TRACT OF LAND IN A PART OF Section 1 and Section 2,Township 66 South,Range 32 East, W
Vaca Key, Monroe County, Florida and being that portion of those lands described in Official r_
Record Book 855, Page 1837 lying northerly of the centerline of an existing canal and being more
particularly described by metes and bounds description as follows:
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Commencing at the intersection of the northwesterly right-of-way line of Old State Highway No.4-A
and the line dividing said Sections I and 2,bear North 67 degrees,51 minutes,00 seconds East along
said northwesterly right-of-way line for a distance of 26.99 feet to the West right-of-way line of
Aviation Boulevard;thence bear North along said West right-of-way line for a distance of 489.14 feet
to the northeast corner of that certain property as described in Official Record Book 855,Page 1837-
1839 to the POINT OF BEGINNING; thence bear South 71 degrees, 54 minutes,00 seconds West
along said northerly line of those lands described in Official Record Book 855, Pages 1837-1839 a
distance of 266.85 feet to the interior corner of those lands described in Official Record Book 855,
Page 1837;thence bear North 18 degrees,06 minutes,00 seconds West,along the most northerly East
line of those lands described in Official Record Book 855,Page 1837-1839,for a distance of 101 feet,
more or less to an existing basin; thence meander the shoreline of said basin in a westerly and
southerly direction 437 feet,more or less,to a point,said point being North IS degrees,06 minutes,
00 seconds West from the southeast corner of said basin a distance of 17.71 feet,said point also being
on the centerline of an existing canal projected southwesterly;from said point bear North 71 degrees,
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Doch 2069574
Bkq 2789 P9N 179
thence bear North along said West right-of-way line Aviation Boulevard for a distance of 184.34 feet
back to the Point of Beginning.
Parcel Identification Number:00101340-000000&00101340-000200
Grantor warrants that at the time of this conveyance, the subject property is not the Grantor's
homestead within the meaning set forth in the constitution of the state of Florida,nor is it contiguous
to or a part of homestead property.
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.
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And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the U)
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 r-
encumbrances,except taxes accruing subsequent to December 31,2015.
In Witness Whereof,grantor has hereunto set grantor's hand and sea]the day and year first above written.
Signed,sealed and delivered in our presence: U)
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wifin , Na : k I0 111T. Theodore Dominic,Individually and as Trustee
�Wttness Name: ,� �
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State of Florida M
County of Monroe r®
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The foregoing instrument was acknowledged before me this 12A— ay of March,2016 by Theodore Dominic as Trustee of the
International House Investment Group Land Trust,who [_]is personally known or [X]has produced a driver's license as
identification.
[Notary Seal] Not ry Public
KATHRYN K HUNT Printed Name: D
�1P0. ale i�4
of Notary Public•State of Florida
" Commission#FF 6177
My Commission Expires:
M Comm.Expires May 21,2t)i7
y 9 Assn.
,OFF, Bonded throu through �