Item U4 U.4
`,
County of Monroe
y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Coldiron,District 2
�1 nff `ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys Craig Cates,District 1
Eddie Martinez,District 3
w � Holly Merrill Raschein,District 5
County Commission Meeting
November 17, 2021
Agenda Item Number: U.4
Agenda Item Summary #9947
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 Resolution of the Board of County Commissioner
authorizing the Mayor to execute a grant of easement to a portion of the FDOT parcel 46667 upon
FDOT conveying said parcel to the County. This is the parcel on which the Lower Keys Chamber of
Commerce is located.
ITEM BACKGROUND:
This Resolution authorizes the Mayor to execute a non-exclusive grant of easement to FDOT for the
northernmost 25 feet of the property known as FDOT Parcel 6667. At its special meeting on
November 3, 2021, the BOCC unanimously approved a Resolution requesting FDOT revert the
parcel to the County. FDOT has advised that the Resolution met the requirements of their
regulations and requested a non-exclusive easement to be used for transportation purposes should it
be needed. This item approves a Resolution authorizing the requested easement and authorizes the
Mayor to execute the Grant of Easement upon FDOT conveying Parcel 6667 to the County.
PREVIOUS RELEVANT BOCC ACTION:
03 NOV 2021 BOCC authorized a resolution memorializing its request for FDOT to transfer
FDOT parcel 46667 to the County.
15 SEP 2021 BOCC authorized a letter from the Mayor to FDOT requesting transfer of the
property to the County.
24 MAY 1977 BOCC transferred the property to FDOT with a clause providing for reversion
to County ownership if it was not needed by FDOT for right of way,parking,
or as a park.
01 JAN 1966 BOCC entered into a lease with the Lower Keys Chamber of Commerce.
CONTRACT/AGREEMENT CHANGES:
No
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
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Resolution Granting Easement to FDOT upon recording of Quitclaim Deed (final legal stamped)
Quitclaim Deed of Parcel 6667 FDOT to Monroe County (Exhibit A to Resolution) (final)
Grant of Easement to Parcel 6667 Monroe County to FDOT (Exhibit B to Resolution (final legal
stamped)
FINANCIAL IMPACT:
Effective Date: Upon approval of BOCC and recording by the Clerk
Expiration Date: N/A
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: recording cost
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant: N/A
County Match:
Insurance Required: N/A
Additional Details: N/A
N/A
REVIEWED BY:
Patricia Eables Completed 11/09/2021 2:43 PM
Kevin Wilson Completed 11/09/2021 3:04 PM
Purchasing Completed 11/09/2021 3:06 PM
Budget and Finance Completed 11/09/2021 3:41 PM
Maria Slavik Skipped 11/09/2021 3:06 PM
Liz Yongue Completed 11/09/2021 3:45 PM
Board of County Commissioners Pending 11/17/2021 9:00 AM
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RESOLUTION NO. -2021
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A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,
FLORIDA, GRANTING AN EASEMENT TO THE
FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) TO A PORTION OF
FDOT PARCEL 6667, IN BIG PINE KEY,
FLORIDA, CONTINGENT UPON AND
EFFECTIVE ONLY UPON THE RECORDING OF W
A QUITCLAIM DEED FROM FDOT TO
MONROE COUNTY FOR THE CONVEYANCE
OF FDOT PARCEL 6667 IN BIG PINE KEY, AS n
PROVIDED FOR IN THE REVERTER CLAUSE
OF THAT CERTAIN DEED FROM MONROE
COUNTY TO FDOT DATED MAY 24, 1977.
WHEREAS, on November 9, 1936, the Florida East Coast Railway Company
deeded certain properties in Monroe County to the Overseas Road and Toll Bridge
District, as recorded in the Official Records of Monroe County in Book G-6 at
Pages 46 - 55; and
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WHEREAS, on September 4, 1954, the Overseas Road and Toll Bridge District,
as successor owners of the Florida East Coast Railway Company properties,deeded
these properties to Monroe County(County), as recorded in the Official Records of
Monroe County in Book 15 at page 374; and
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WHEREAS, on January 1, 1966, the County leased the parcel, now known as
FDOT Parcel 6667, to the Lower Keys Chamber of Commerce before the
subsequent transfer to FDOT in 1977; and -
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WHEREAS, on May 24, 1977, the County deeded to FDOT, as recorded in the
Official Records of Monroe County in Book 715 at Page 82,certain properties from y
the 1954 deed, using the description of the transferred lands from the 1954 deed LU
without calling out the metes and bounds; and
WHEREAS, the COUNTY has continually leased a portion of land to the Lower
Keys Chamber of Commerce, which said land had been transferred to FDOT in the
1977 deed; and
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WHEREAS, the 1977 deed contains a clause providing that FDOT will return
(revert)any properties included in the 1977 deed that are not used for Right of Way
transportation purposes upon a request by the County; and
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WHEREAS, FDOT has determined that it needs only the northerly twenty-five
(25) feet of Parcel 6667 for Right of Way transportation purposes, which said area
will be granted to FDOT by way of an easement from the County; and
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WHEREAS, the Board of County Commissioners of Monroe County (Board)
unanimously voted at its regular meeting on September 15, 2021, to authorize the
Mayor to request the transfer (reversion) of the property, known as FDOT Parcel
6667, back to the County; and
WHEREAS, at the request of FDOT, the Board will consider and vote on a
Resolution on November 3, 2021, memorializing and ratifying its unanimous
approval on September 15, 2021, to request the transfer of the property, known as
FDOT Parcel 6667, back to the County from FDOT; and
WHEREAS, legal counsel for FDOT has presented a proposed Quitclaim Deed,
attached hereto as Exhibit "A" and made a part hereof, in which FDOT, as the
Grantor, will convey FDOT Parcel 6667 back to Monroe County, as the Grantee,
since it no longer needs Parcel 6667 for Right of Way transportation purposes and W
the County has requested the transfer(reversion) of said parcel; and
WHEREAS, in conjunction with the transfer of Parcel 6667 from FDOT to the
County, FDOT would retain a twenty-five (25) foot easement as per the terms and
conditions of a proposed Grant of Easement and Covenant Running with the Land,
which is attached hereto as Exhibit `B" and made a part hereof, to be recorded in
the Public Records of Monroe County, Florida, after the aforementioned Quitclaim
Deed is recorded of even date; and
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WHEREAS, this Resolution authorizing the granting of a twenty-five (25) foot 2
easement is contingent upon execution of the Quitclaim Deed by the proper parties 0
of FDOT; and
WHEREAS, this Resolution is to also memorialize the intent of the Board of
County Commissioners to approve the granting of the twenty-five (25) foot
easement and authorize the Mayor to execute the attached Grant of Easement and
Covenant Running with the Land to be recorded in conjunction with the recording E
of the properly executed Quitclaim Deed;
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Monroe County, Florida, that:
SECTION 1: Recitals. The recitations set forth above are hereby incorporated by
reference herein.
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SECTION 2: The Monroe County Board of County Commissioners requested on
September 15, 2021, that FDOT convey the parcel described as FDOT Parcel 6667
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to the County and will memorialize and ratify said request by a Resolution
presented to the Board on this date, November 3, 2021.
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SECTION 3: FDOT has presented the proposed Quitclaim Deed to the County,
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attached hereto as Exhibit "B", which will be executed and recorded in the Public
Records of Monroe County, Florida.
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SECTION 4: Contingent upon the execution and transfer of the lands in that
certain Quitclaim Deed to Parcel 6667,the Board desires to grant a twenty-five(25)
foot easement to FDOT in a designated portion of Parcel 6667 as described in that
certain Grant of Easement and Covenant Running with the Land, attached hereto
as Exhibit "B".
SECTION 5: Upon execution of the Quitclaim Deed by FDOT, this Resolution y
authorizes the Mayor to execute the attached Grant of Easement and Covenant
Running with the Land, which shall then be recorded immediately after the 03
recording of the FDOT Quitclaim Deed.
Section 6: The Clerk is directed to transmit a certified copy of this Resolution and
the executed Grant of Easement and Covenant Running with the Land to FDOT,
District VI, RIW/ Administration, Attn. Maria A. Llanes, Property Management,
1000 NW 1 l 1`h Avenue, Room 6105-B, Miami, FL 33172.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting of said board on the 17th day of November,
A.D., 2 02 1.
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Mayor
Mayor Pro Tern
Commissioner
Commissioner 0
Commissioner
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CD
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA
By By
As Deputy Clerk Mayor/Chairperson
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MON OE COUNTY ATTORNEY'S OFFICE
APPROVED AS T�FO
3 PATRICIA EABLES
ASSISTANT COU TY ATTORNEY
DATE:
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26-SPD.01 06199(Public Purpose-No consideration)
This instrument prepared by, Parcel No. : 6667
or under the direction of, ItemlSeg No. : 4152302
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Alicia Trujillo, Esq. (FBN 822108) Sect/Job No. : 90020
District Chief Counsel S.R. No. : 5, MM 31
Florida Department of Transportation County : Monroe
1000 NW 111th Avenue, Miami, Florida 33172 Managing District: Six
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QUITCLAIM DEED
THIS INDENTURE is made this day of , 2021, by and between the
STATE OF FLORIDA by and through the STATE OF FLORIDA DEPARTMENT OF W
TRANSPORTATION ("Department"), Grantor, whose address is 1000 NW 1111h Avenue, Miami,
Florida 33172, to MONROE COUNTY, FLORIDA ("County"), Grantee, a political subdivision of the
State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040.
WITNESSETH
WHEREAS, on November 9, 1936, the Florida East Coast Railway conveyed certain lands
("Lands")to the Overseas Road and Toll Bridge District("ORTB"), by deed recorded in Deed Book G-
6, Pages 46-55, of the Public Records of Monroe County, Florida; and
WHEREAS, on September 4, 1954, ORTB conveyed the Lands, excepting certain sections �i
(hereinafter the "County Lands"), to the County by Warranty Deed recorded in Official Records Book
15, Page 374, of the Public Records of Monroe County, Florida; and
WHEREAS, on May 24, 1977, the County conveyed the County Lands to the Department by
deed recorded in Official Records Book 715, Page 82, of the Public Records of Monroe County,
Florida ("County Deed"), which Lands included Parcel 6667 ("Parcel') hereinafter described in the
attached Exhibit "A"; and
WHEREAS, the County Deed binds the Department, as grantee of said County Deed, to return
to the County, upon request, any of the property conveyed to the Department which is not used for
right of way or any other road purposes ("Transportation Purposes"); and
WHEREAS, said Parcel is no longer required by the Grantor for Transportation Purposes, as a
determined by Grantor, through action of the District Secretary, District Six . Florida Department of
Transportation, on February 29, 2021, pursuant to the provisions of Section 337.25, Florida Statutes;
and
WHEREAS, Grantor and Grantee agreed that Grantor would hereby quitclaim the land
hereinafter described to the Grantee, as mandated by the County Deed, and that Grantor would
reserve certain easement rights to Grantor, as set forth in that certain "GRANT OF EASEMENT AND
COVENANT RUNNING WITH THE LAND"from Grantee and Grantor, recorded in the Public Records
of Monroe County, Florida, of even date herewith.
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Parcel No.: 6667
ItemlSeg No.: 4152302
Sect/Job No.: 90020
S.R. No.: 5, MM31
County: Monroe
Managing District: Six
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NOW, THEREFORE, THIS INDENTURE WITNESSETH: That the Grantor, does hereby
remise, release, and quitclaim unto the Grantee, its successors, and assigns, forever, all the right,title,
and interest of the Grantor in and to the property described in Exhibit"A"attached hereto and made a
part hereof.
TO HAVE AND TO HOLD, the said premises and the appurtenances thereof unto the Grantee.
THIS CONVEYANCE IS made subject to access control requirements, any unpaid taxes, '✓
assessments, liens, reservations, or easements of any kind which may be in place, or encumbrances
of any nature whatsoever, which the Grantee hereunder and herein assumes. W
The transfer and conveyance of the real property herein described is further subject to a
twenty-five (25) foot easement with the terms and covenants set forth in the"GRANT OF EASEMENT
AND COVENANT RUNNING WITH THE LAND" from Grantee and Grantor, recorded in the Public
Records of Monroe County, Florida, of even date herewith (the "Covenant").
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SIGNATURE PAGE FOLLOWS
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Parcel No.: 6667
Item/Seg No.: 4152302
Sect/Job No.: 90020
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S.R. No.: 5, MM31
County: Monroe
Managing District: Six
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IN WITNESS WHEREOF, the State of Florida Department of Transportation has caused these
presents to be executed in its name by its proper officers thereunto duly authorized, the day and year
first above written.
STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION
2
By:
Stacy L. Miller, P.E.
Witness: District Secretary W
Attest:
Name/Title
Print Name Exec. Secretary
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Witness: Affix Department Seal
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Name/Title
State of Florida ca
County of Miami —Dade
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The foregoing instrument was acknowledged before me, by means of ': physical presence or
online notarization, this day of , 2021, by Stacy L. Miller, P.E., District
Secretary for District Six, FDOT, who is personally known to me, or has produced
as identification.
N.
Notary Public in and for the County and State 2
mentioned above
Print Name
(Affix Notary Seal) My Commission Expires:
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EXHIBIT "Ail
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LEGAL DESCRIPTION - PARCEL 6667:
N A tract of land in a part of Government Lot 1, Section 25, Township 66 South, Range 29 East on Big Pine Key, Monroe u0
County, Florida, and being more particularly described as follows:
COMMENCE at the Southwest corner of the Northwest one-quarter (1/4) of said Section 25, Township 66 South, Range 2-
29 East; thence S 89°09'26" E, along the South line of said Northwest one-quarter (1/4) of Section 25, for a distance
of 50.00 feet to a point on the East Right of Way line of Industrial Road, as shown on the Florida Department of CL
Transportation Right of Way Map for said State Road 5, Section 90020/90030, sheets 4 and 5 of 7, dated April 1, 1--
2019, and the POINT OF BEGINNING of the following described Parcel:
Thence N 00056133" E, along said East Right of Way line of Industrial Road, for a distance of 207.55 feet to the
Intersection with the South Right of Way line of State Road 5 (Overseas Hwy.), as shown an said Right of Way Map;
thence S 88°56'55" E, along said South Right of Way line of State Road 5, for a distance of 150.00 feet; thence Im
S 00056'33" W for a distance of 207.01 feet to a point on aforesaid South line of the Northwest one-quarter (1/4) of y
Section 25; thence N 89°09'26" W, along said South line of the Northwest one-quarter (1/4) of Section 25. for a
distance of 150.00 feet to the POINT OF BEGINNING.
said lands containing 31,092 square feet, more or less. W
LEGEND- GENERAL NOTES; O
ro e Parcel Number - Bearings are based on the Baseline of Survey of State Road 5 (Overseas
Baseline Highway), having a bearing of S 88°56'55" E from P.I. Sta. 1152+82,55 to (A)
rL Centerline P.C. Sta, 1176+91.05, as shown in Florida Department of Transportation
CR Certified Corner Record (FDOT) Right of Way Map for said State Road 5, Section 90020/90030,
5 EXIST. - Existing prepared by Maser Consulting P..A, (now known as Colliers Engineering &
FOOT Florida Department of Design, Inc.), dated April 01, 2019-
3 Transportation Existing Right of Way lines and Property Lines were derived from said Right
F.P. Financial Project of Way Map for State Road 5 and the monumentation recovered on that
a survey.I.P. Iron Pipe - Station and offsets shown hereon are relative to the State Road 5 Baseline
a I.P.&C. Iron Pipe and Cap of Survey.
LB Licensed Business Lands shown hereon were not abstracted for right-of-way, easement of
u LT Left record, ownership, abandonments, deed restrictions, or Murphy Act Deeds.
NIA Not Applicable This information should be obtained through appropriate verification.
` O.R.B. Official Records Book Reproductions of this map are not valid without the original signature and O
e PG. Page seal of the Florida Licensed Surveyor and Mapper pper in responsible charge.
PK.N&W Parker-Kalan Nail and • Additions and/or deletions to survey maps, sketches or reports by any party O
LA Washer other than the signing party are prohibited without the written consent of
P.O.B. Point of Beginning the signing party. O
W P.O.C. Point of Commencement This Sketch to Accompany Legal Description is in compliance with the
Property line Standards of Practice as set forth by the Florida Board of Professional Land O
o RGE. - Range Surveyors and Mappers, referenced In Rule 5J-17 Florida Administrative code
s RT Right
pursuant to Section 472.027, Florida Statues. 1--
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DENIS DENIS `r 7017 �^ °®.. DATE
PROFESSIONAL;SU¢VEYOR AND MA PERy:
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This document consists of two (2) sheets -� N
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DEPARTENfT`n T RT ON
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PARCEL # OWNERS NAME PARCEL AREA T REMAINDER COMMENTS 6667 FLORIDA DEPARTMENT
M !_ OF TRANSPORTATION 31,092 S.F 0.00 S,F
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PARCEL ID: 00110830-000600
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LLBIG PINE KEY, MONROE COUNTY, FLORIDAO
GOVERNMENT LOT 1, N.W. 1/4 OF SEC. 25, TWP. 66S,, RGE. 29E. 0 20 40 °3
a This document consists of two (2) sheets
and neither shall be considered full, THIS IS T Y Scale; 1" = '
valid, and complete without the other.
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FLORIDA DEPARTMENT OF TRANSPORTATION
WSKETCH TO ACCOMPANY LEGAL DESCRIPTION
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STATE ROAD N . 5 MONROE COUNTY
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PREPARED By' COLLIERS ENGINEI RING 6 OE$IGN,INC. [PAPA WOKE8390 NW 6®STRErr
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DRAWN OD 161r01r21 MMMI,FL3;P66=A738e1 SEE GENERAL NOTES ON SHEET 1 CIO
a REVISION BY DATE CHECKED DD 1or'2rx1 F.P. NO. N/A SECTION 90030 SHEET 2 OF 2
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This instrument prepared by, Item/Seg. No.: 4152302
or under the direction of, Sect/Job. No. : 90020
Alicia Trujillo, Esq. (FBN 822108) Managing District: Six
District Six Chief Counsel S.R. No.: 5, MM 31
State of Florida Department of Transportation County: Monroe
1000 N.W. 111tn Avenue Parcel No.: 6667
Miami, Florida 33172
GRANT OF EASEMENT AND COVENANT RUNNING WITH THE LAND
This Grant of Easement and Covenant Running with the Land (this "Agreement")
is made this day of , 2021, by Monroe County, Florida, a
political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key
West, Florida 33040, its successors and assigns, as "Grantor", to and for the benefit of
the State of Florida Department of Transportation, whose address is 1000 N.W. 111tn y
Avenue, Miami, Florida, 33172-5800, and its successors and assigns, collectively referred
to herein as "Grantee".
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Recitals
A. The property described in Exhibit A, attached to this instrument, and made a part
hereof (hereinafter, the "Property"), was formerly owned by the State of Florida
Department of Transportation by way of Monroe County Deed dated May 24tn
1977, and recorded in Official Records Book 715, Page 82, of the Public Records
of Monroe County, Florida.
B. The State of Florida Department of Transportation transferred the Property in fee
simple to Monroe County, Florida, pursuant to a Quitclaim Deed dated
and recorded under Official Records Book , Page , Clerk's
File Number of the Public Records of Monroe
County, Florida.
C. As a condition of said transfer, Grantor agreed to grant unto the State of Florida 2
Department of Transportation an easement and covenant on the Property, as set CL
forth in this Agreement.
Now, therefore, for and in consideration of the sum of One and 00/100 Dollar ($1.00), E
and other valuable consideration paid, the receipt and sufficiency of which is hereby
acknowledged, Grantor and Grantee, by the acceptance hereof, agree as set forth below:
1. Recitals. The recitals are true and correct and are incorporated by reference and
made a part of this Agreement.
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2. Grant of Easement and Easement Area. Grantor hereby grants to Grantee a
perpetual, non-exclusive easement over, across, under, and upon a portion of the
Property (the "Easement Area") for the purposes set forth in this Agreement. The
Easement Area is more particularly described in that certain sketch and legal
description attached hereto as Exhibit B and made a part hereof.
3. Purpose of Easement. The Easement is granted to Grantee, together with
Grantee's agents, licensees, employees, invitees, and contractors, (collectively,
"Permittees") for right of way transportation purposes, including, but not limited to,
drainage, construction/debris staging, and roadway expansion. Grantee may
further authorize its permittees, agents, licensees, employees, invitees, and y
contractors to exercise said rights.
4. Running Benefits and Burdens. The Easement shall be deemed a restrictive
covenant running with the Property, for the benefit of the Grantee. All covenants, W
terms, conditions, and provisions of this Agreement shall extend to and be made
binding upon Grantor, its successors, and assigns, for the benefit of Grantee, its
successors and assigns. This Agreement shall be recorded in the Public Records
of Monroe County, Florida.
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5. Responsibilities of the Grantor. Grantor agrees that all maintenance obligations
of the Easement Area shall be the responsibility of Grantor, at Grantor's sole cost
and expense. Grantor agrees not to alter, or place anything in, the Easement Area,
which will obstruct or impede the rights granted hereunder, or which in any way
will interfere with the purpose of the Easement.
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Grantor agrees that it will not build, or grant to others permission to build, any
structures or improvements on, over, across the Easement Area, or develop or
allow the development of the Easement Area, in any manner which (1) obstructs ca
or impedes the rights granted hereunder, or (2) in any way that interferes with
Grantee's use of the Easement Area. However, as part of an approved site plan
or as may be otherwise permitted by applicable law, the Grantor may construct
and/or install improvements to the Easement Area, including, without limitation,
paved driveways, parking and/or walkways, landscaping, and/or other
improvements, if said improvements do not interfere with Grantees' use of the 2
Easement. Grantor agrees that the construction of any improvements in the
Easement Area is subject to prior approval by the Grantee (such approval shall
not be unreasonably withheld, conditioned, or delayed), which shall be obtained
by applying for a permit through the Grantee's Permit Office and by written E
approval from Grantee's Right of Way Property Management Office.
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If Grantor (without obtaining the prior consent of the Grantee) constructs and/or
allows construction of improvements on the Easement Area in a manner which in
any way interferes with Grantee's use of the Easement, Grantee shall have the
right to immediately remove said improvements. The Grantee shall not be held
responsible for any damage to alterations or improvements on the Easement Area
Packet Pg. 1864
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that in any way obstruct or impede Grantee's use of the Easement, or that in any CL
way interfere with Permittees' use of the same, as determined by Grantee in its
sole discretion; and (b) the Grantee shall not be held responsible for damages
arising out of or resulting from loss of use of said improvements.
6. Indemnification. Grantor agrees to release, indemnify, defend, save and hold the
Department, its employees, agents, representatives, and successors, harmless of
and from any and all losses, fines, penalties, costs, damage, bodily injury, claims, `✓
demands, suits and liabilities of any nature including attorney fees, (including
regulatory and appellate fees), arising out of, because of, or due to any accidents,
happening or occurrence on or around the Easement Area whether the same y
regards person or property of any nature whatsoever, regardless of the
apportionment of negligence, unless due to the sole gross negligence of the
Grantee as rendered in a final judgment by a court of competent jurisdiction.
7. Utilities. Grantor shall, during the term hereof, at all times be responsible for
payment of any utility services provided to the Easement Area.
8. Reservation of Rights. Grantor hereby reserves all rights of ownership in and to
the Easement Area which are not inconsistent with this Agreement, including the
right to use the Easement Area for all uses not interfering or inconsistent with
Grantee's rights under this Agreement.
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9. Miscellaneous
a. Enforcement. The terms and provisions of this Agreement shall commence
upon the execution and delivery of this Agreement by the Grantor and shall be
for a perpetual term, unless sooner terminated as may be set forth in this
Agreement. The failure of the Grantee to insist on one or more occasions on ca
the strict compliance with any terms or provisions of this Agreement shall not be
deemed a waiver or cause those rights to be relinquished in the future
enforcement thereof.
b. Sovereign Immunity. Grantor and Grantee are governmental entities, self-
insured and subject to the provisions of Section 768.28, Florida Statutes. 2
Nothing in this Agreement shall be deemed or otherwise interpreted as waiving, CL
limiting, or altering the sovereign immunity protections enjoyed by Grantor or
0
Grantee, or as increasing the limits of liability as set forth in Section 768.28,
Florida Statutes.
c. Construction. The section headings contained in this Agreement are for
reference purposes only and shall not affect the meaning or interpretation of this
Agreement. No provision of this Agreement shall be construed against or
interpreted to the disadvantage of either party by any court or other
governmental entity by reason of such party's having or being deemed to have
prepared or participated in the preparation of this Agreement.
Packet Pg. 1865
U.4.c
CL
d. Severability. This Agreement shall be governed by the laws of the State of
Florida. This Agreement will be enforced to the fullest extent permitted by
applicable law. If for any reason any term or provision of this Agreement is held
to be invalid or unenforceable to any extent, then (a) such term or provision will
be interpreted, construed, or reformed to the extent reasonably required to
render the same valid, enforceable, and consistent with the original intent
underlying such provision; (b) such term or provision will remain in effect to the
extent that it is not invalid or unenforceable; and (c) such invalidity or
unenforceability will not affect any other term or provision of this Agreement. y
e. Amendments and Termination. This Agreement shall continue in perpetuity.
Termination of this Agreement must be in writing, executed by the Parties with
the same formalities as this instrument, and recorded in the official records of
Monroe County.
0
f. Entire Agreement. This Agreement embodies and constitutes the entire
understanding between Grantor and Grantee concerning the rights granted
herein and all prior or contemporaneous agreements, understandings,
representations, and statements, oral or written, with respect thereto are
merged herein.
g. Grantee to Record. Upon execution of this instrument, Grantee shall record
the instrument in the Public Records of Monroe County, Florida.
0
TO HAVE AND TO HOLD the same to Grantee, its successors, and assigns forever,
and Grantor will defend the title to said lands against all persons claiming by, through, or
under Grantor.
r-
0
SIGNATURE PAGES FOLLOW
CL
LU
4-
0
Packet Pg. 1866
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-
IN WITNESS WHEREOF, the Parties have executed this instrument on the day
and year first written above.
GRANTOR: (SEAL)
MONROE COUNTY, FLORIDA Attest: Kevin Madok, Clerk
By: By:_.
As Deputy Clerk
Print Name Print Name
Title
WITNESSES: MONROE COUNTY ATTORNEY'S OFFICE
VID AS 0 O M -
_ [Signature of witness 9] PATRICIA EASLES
ASSISTANT COUNTY ATT PINEY -
DATE: - Z !
Print Name
[Signature of witness 2]
Print Name ca
2
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me, by means of c i' physical presence 2
or online notarization; this day of 20 byCL
who is personally known to me or who has
produced as identification.
(Notary Seal)
Notary Public
Print Name
My Commission Expires:
Packet Pg. 1867
U.4.c
FLORIDASTATE OF
By: Attest:
Stacy L. Miller, P.E. Helen Shaheen
District Six Secretary Assistant to District Secretary
WITNESSES:
[Signature of witness 1] E
Print Name
_ [Signature of witness 2] �=
0
Print Name
STATE OF FLORIDA
COUNTY OF MONROE
X
The foregoing instrument was acknowledged before me, by means of physical presence
or I online notarization, this day of 20_, by
a.R. who is personally known to me or who has 0
produced y. _ __ _ as identification.
(Notary Seal) �i
Notary Public C
Print Name
My Commission Expires: CL
0
LU
4-
0
Packet Pg. 1868
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EXHIBIT "A'1
a
LEGAL DESCRIPTION - PARCEL 6667;
x A tract of land in a part of Government Lot 1, Section 25, Township 66 South, Range 29 East on Big Pine Key, Monroe
County, Florida, and being more particularly described as follows:
COMMENCE at the Southwest corner of the Northwest one-quarter (1/4) of said Section 25, Township 66 South, Range rn
29 East; thence S 89°09'26" E, along the South line of said Northwest one-quarter (1/4) of Section 25, for a distance
of 50.00 feet to a point on the East Right of Way line of Industral Road, as shown on the Florida Department of W
Transportation Right of Way Map for said State Road 5, Section 90020/90030, sheets 4 and 5 of 7, dated April 1,
2019, and the POINT OF BEGINNING of the following described Parcel:
Thence N 00056"33 E, along said East Right of Way line of Industrial Road, for a distance of 207.55 feet to the
intersection with the South Right of Way line of State Road 5 (Overseas Hwy.), as shown on said Right of Way Map;
thence S 88'56'55" E, along said South Right of Way line of State Road 5, for a distance of 150.00 feet; thence y
S 00056'33" W for a distance of 207.01 feet to a point on aforesaid South line of the Northwest one-quarter (1/4) of
Section 25; thence N 89009'26" W, along said South line of the Northwest one-quarter (1/4) of Section 25, for a
distance of 150.00 feet to the POINT OF BEGINNING.
said 'ands containing 31,092 square feet, more or less.
O
LEGEND: GENERAL NOTES:
O
c� 6667 fn
Parcel Number - Bearings are based on the Baseline of Survey of State Road 5 (Overseas
Baseline Highway), having a bearing of S 88®56'55° E from P.I. Sta. 1152+82.55 to
GL Centerline P„C. Sta. 1176+91.05, as shown in Florida Department of Transportation
CCR Certified Corner Record (FDOT) Right of Way Map for said State Road 5, Section 90020/90030,
5 EXIST. Existing prepared by Maser Consulting P,A, (now known as Colliers Engineering &
a FOOT Florida Department of Design, Inc.), dated April O1, 2019.
Transportation Existing Right of Way lines and Property Lines were derived from said Right
of Way Map for State Road 5 and the monumentation recovered on that
F.P. Financial Project survey.
a I.P. Iron Pipe Station and offsets shown hereon are relative to the State Road 5 Baseline F®
a 1.P.&C. Iron Pipe and Cap of Survey,
LB Licensed Business Lands shown hereon were not abstracted for right-of-way, easement of
Y LT Left record, ownership, abandonments, deed restrictions, or Murphy Act Deeds. O
d NIA Not Applicable This information should be obtained through appropriate verification.
CL
O.R,& Official Records Book Reproductions of this map are not valid without the original signature and
PG. Page seal of the Florida Licensed Surveyor and Mapper in responsible charge.
00 PK.N&W Parker-Kalov Nail and Additions and/or deletions to survey maps, sketches or reports by any party
kn Washer other than the signing party are prohibited without the written consent of
P,0 B. Point of Beginning the signing party.
P.O.C. Point of Commencement This Sketch to Accompany Legal Description is in compliance with the
N Property dine Standards of Practice as set forth by the Florida Board of Professional Land
a RGE. Range Surveyors and Mappers, referenced in Ru"e 5J-17 Florida Administrative code O
RT Right pursuant to Section 472.027, Florida Statues.
t
R/W Right of Way r"-
3 SEC. - Section
S.F. Square Feet
SPK. Spike
$ S R, State Road U
3 STA. Station
c TWP. Township �t®g�,4®��t�ttr2frrPlCL
ZL1 Q. D 1r. O
LL DENYS DENS Z7v® 70J7 ®' \ '1 DATE
PROFESSIONA4 SU�VEYOR AND MAOPER
FLORIDA LICENSE NO. 7017 sm
o Th=s document consists of two (2) sheets
and neither shall be considered full,
valid, and complete without the other. r=^ grki5ofS N r A SURVEY
0 FLORIDA DEPARTMEkT' °T RT ION
f
SKETCH T ACCOMPANY`-1. 4h '� IPTIO
Z
STATE ROAD NO. 5 MONROE COUNTY
By ®Afi' Pfla.!PAAED By. COWERS ENGINEERING 4 OESICN.-NL DATA SOURCE
0290 NW CA STREET
m NIAM1,PL 33166 PLe738W 5LE GENERAL NOTES
o DRAWN DD 10/01/21 ¢,
, Rsv3SION a.* DATE CHECKED DO 10112/21 F.P. NO, N/A SECTION 90030 SHEET 1 OF 2
10112.2021 r 20 92 AM DflrmrS
Packet Pg. 1869
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PARCEL OWNER'S NAME PARCEL AR REAIN�COENT5
6667 FLORIDA DEPARTMENT 31,092 S.F., 0.00 5.F CL
m XHIBIT
OF TRANSPORTATION
0
"All
U �'
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Mtn
........ __.. ____..............w. ... x O
EXIST. NORTH RIW LINE Ch
o ,� HIGHWAY) Ch
PER SEC. 90020/90030
SECTION
z ¢ 1n W
1 7 1169
F 1
STA. 6+97.2 `O S 8056' " E
END SEC. 90020 (BEARING REFERENCE)C14 F SURVEY
BEGIN SEC. 90030 N v'
+ CDj
r' N>
-1 EXIST. SOUTH R/W LINE �
i, PER SEC 90020/90030
Ln...._.
N
~ s 88056'55" E 150.00' W
+97.36 25' 1n25' +97.36
50.00' RT WOO' 50.00' RT
MD Uj
In
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cn
Z Ln _
® O tA FDOT PROPERTY
d N 0 N PER O.R.B. 715, PG. 82 MONROE COUNTY
a r LLi 2! MONROE COUNTY PARCEL ID: 00110841-000000
PARCEL10: 00110840-000000
n oC v ®° -
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7 1n
to
� EL0000 u- 0 zo �o c
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VUN o � J U3V�
NI 0 I; 'A Ln N a r W P.O B. NOT SUBDIVIDED
0- vi N ui ` /257.55' 2 7.01, T
RT
r�
N 89009'26" W 150.00'
SOUTH LINE OF NW 1/4 O
S 89 09 26 E 50.00' SEC. 25, TW 665., GF. 29E, CL
® MONROE COUNTY O
r PARCEL ID: 00 110830-000 600
o ¢,
o
BIG PINE KEY, MONROE COUNTY, FLORID
GOVERNMENT LOT 1, N.W. 1/4 OF SEC. 25, TWP, 66S., RGE. 29E. 0 20 40 0)
This document consists of two (2) sheets '
and neither shall be considered full. THIS IS NOT A SURVEY Scale: " = 401 4-
' valid, and complete without the other,
FLORIDA DEPARTMENT OF TRANSPORTATION
w SKETCH TO ACCOMPANY LEGAL DESCRIPTION
STATE ROAD NO. 5 MONROE COUNTY
BY DATE PREPARE®RY COLU6115 ENGIN6:aRINC S Of SIGN,INC. DATA SOVRC€
0290 NW 64 STREET
u MIANf.FL 13166 It.673= SEE GENERA._:NOTES ON SHEET 1
® DRAWN DO 10101/21 ¢,
a`
RE217:2 eY oarE CHECKED Do /0112/21 F.P. O. N/A SECTION 90030 SKEET 2 OF 2
10/12120 7: 9:28 AM DDLMS.
Packet Pg. 1870
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0
EXHIBIT 1111
w
m
0
LEGAL DESCRIPTION - EASEMENT AREA:
N A tract of land in a part of Government Lot 1, Section 25, Township 66 South, Range 29 East on Big Pine Key, Monroe
County, Florida, and being more particularly described as follows:
COMMENCE at the Southwest corner of the Northwest one-quarter (114) of said Section 25, Township 66 South, Range
29 East; thence S 89"09'26" E, along the South line of said Northwest one-quarter (114) of Section 25, for a distance cu
of 50.00 feet to the intersection with the East Right of Way line of Industrial Road, as shown on the Florida
Department of Transportation Right of Way Map for said State Road 5, Section 90020/90030, sheets 4 and 5 of 7,
dated April 1, 2019; Thence N 00®56'33" E, along said East Right of Way lili:e of Industrial Road, for a distance of
182.55 feet to the POINT OF BEGINNING of the following described Parcel:
Thence continue N 00056'33" E, along said East Right of Way line of Industrial Road, for a distance of 25.00 feet to
the intersection with the South Right of Way line of State Road 5 (Overseas Hwy.), as shown on aforesaid Right of y
Way Map; thence S 88®56'55" E, along said South Right of Way line of State Road 5, for a distance of 150 00 feet;
thence S 00056'33" W for a distance of 25.00 feet; thence N 88°56'55" W for a distance of 150,00 feet to the POINT
OF BEGINNING.
said lands containing 3,750 square feet, more or less.
O
LEGEND: GENERAL NOTES:
0
Baseline - Bearings are based on the Baseline of Survey of State Road 5 (Overseas
Centerlone Highway), having a bearing of S 88"56'S5" E from P.I. Sta. ]152+82.55 to
Q CCR Certified Carney Record P.C. Sta. 1176+91.05, as shown in Florida Department of Transportation O
EXIST. Existing (FDOT) Right of Way Map for said State Road 5, Section 90020190030,
FDOT Florida Department of prepared by Maser Consulting P.A. (now known as Colliers Engineering & ¢.
z p Design, Inc.), dated April 01, 2019.
0 Transportation
g F.P. Financial Project Existing Right of Way lines and Property Lines were derived from said Right
a I.P. of Iron Pipe surve Y Map for State Road 5 and the monumentation recovered on that
LP.&C. Iron Pipe and Ca Y
P P - Station and offsets shown hereon are relative to the State Road 5 Baseline
LB Licensed Business of Survey.
„ LT Left Lands shown hereon were not abstracted for right-of-way, easement of
N/A Not Applicable record, ownership, abandonments, deed restrictions, or Murphy Act Deeds.
O.R.B. Official Records Book This information should be obtained through appropriate verification.
PG. Page - Reproductions of this map are not valid without the original signature and
PK.N&W Parker-Kalon Nail and seal of the Florida Licensed Surveyor and Mapper in responsible charge.
Washer Additions andlor deletions to survey maps, sketches or reports by any party
P.O.B. Point of Beginning other than the signing party are prohibited without the written consent of O
P.O.C. - Point of Commencement the signing party.tY. �
R Property fine - This Sketch to Accompany Legal Description is in compliance with the O
N RGE. Range Standards of Practice as set forth by the Florida Board of Professional Land 2
0 RT Right Surveyors and Mappers, referenced in Rule 5)-17 Florida Administrative code O
R/W Right of Way pursuant to Section 472.027. Florida Statues.
r SEC. Section r-®
wS.F. Square Feet
4 SPK. Spike
S.R. State Road
STA. Station
sm
TWP. Township
bg,6t111t11![71r�$ CL
A 7�115 . C 1 ,=., O
b
a
DENIS DENK iir ®„ DATE
PROFESSI4AL URVEYC3R AND �AP�ER y
FLORIDA LX414SE NO. 7017
o This document consists of two (2) sheets
and neither shall be considered full, o°I valid, and complete without the other. SUIT IS T Q SURVEY O
FLORIDA DEPART 14k OF ,� SP MON
Z SKETCH TO ACCOMPA s `CyA�OBESCRIPTION
f
Z
o STATE ROAD NO. 5 MONROE COUNTY
BY DATE PREPAReO 11..'n COILIEN5 kN0NE.:'..:R114 L DESIGH.INC. u4TA SOURCE
9296 NW 66 SYREE7
u Mums,P@ 33s69 Ite7389, SEE GENERAL,NOTES tss
o DRAWN aD ]0101/21
REVISION 3. DATE cHEcxEO Da lonarzl F.P, NO. NIA SECTION 90030 SHEET 1 OF 2
I011212021731.46 AM DDenis
Packet Pg. 1871
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a PARCEL OWNER 5 NAME , PARCEL AREA ' REMAINDER COMMENTS
4 DRIDA DEPARTMENT U
" NIA 3 750 S F. NIA
M � OI �RANSPORTATI[7N �� _.IT ..
o CL
1UW
EXHIBIT11 0
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c0 + yW
S.R. ( HIGHWAY) ER S 0 0030 Z
z�d SECTION inW
11 ( 1168 1169 11
"�20
`D S 8 '55" E
ni (BEARING REFERENCE] F SURVEY. N y
+ + 7.36
r- 50.00' RT rn
to EXIST. SOUTH R/W LINE
n 14S 88056'55" E 15 .00' PER SEC 90020/90030
in
r4 - W
+97.36 25' N 25' / in s' + 7.3
0.00' RT w N ^' ,. 50.00' T
rnN 88056'55" W 10. 0'
i® + 7. 1
to + 7.40 75.00' RT
m 75.00' T -1
in
z En EASEMENT r-
Ln
Q cL u.i ® ry
9 ® (n o00 ry
ry 0 =1 — MONROE COUNTY
auj z o '� PARCEL ID; 00110841--000000
W FDOT PROPERTY
�. PER O.R.B. 715, PG. 82 0o m
N d ry w MONROE COUNTY
rn
Y in
0N PAW.-FL IQ: 00110840 000000 to
O cWnw zM in 0
o
tD a a u
n w o Ln
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Ln ul In z w X� +47-7
Lua 1)/257.55' RT +97.75
257.01' RT
S 9009'26" E 150.00'
SOUTH LINE OF NW 1/4
3 S 8909°26" ESEC. 25, TP 66S., RGE. 29E. CL
5 .00' MONROE COUNTY PARCFL ID: 00110830.000600 2
LL BIG PINE KEY, MONROE COUNTY, FLORIDA
M GOVERNMENT LOT 1, N.W. 1/4 OF SEC. 25, TWP. 66S., RGE. 29E. 0 20 40y
This document consists at two (2) sheets
and neither shall be considered full,G I I T Y Scale. 1" = 0'valid, and com fete without the other.
FLORIDA EPA F TRANSPORTATION
WSKETCH TO ACCOMPANY LEGAL DESCRIPTION
Z
® STATE ROAD N .
NE COUNTY
°• GATE PREPAREd7-BY- COLLIERS EN'INE9 NNG 6 Or"il.':N.INC OATA S06RSE- �
R29°MY 64 STREET
Q DRAWN DO 10101721 MUMS,Pl 1
1
[66 i;-R-31B1 SEE GENERAL NOTES ON SHEET 1
a REVISIDN e. 0.t E CHECKED Do 101/2/21 F.P. NO. N/A SECTION 90030 SHEET 2 OF 2
a
10/12/202 1 7 32:03 AM 10i7�nis
Packet Pg. 1872