Item L1 L.1
i�`
County of Monroe
�y,4 ' ?, "tr, BOARD OF COUNTY COMMISSIONERS
Mayor David Rice,District 4
�1 `_ll Mayor Pro Tem CraigCates,District 1
The Florida Keys ��� `� � Michelle Coldiron,District 2
Eddie Martinez,District 3
w � Holly Merrill Raschein,District 5
County Commission Meeting
December 8, 2021
Agenda Item Number: L.1
Agenda Item Summary #9986
BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2500
n/a
AGENDA ITEM WORDING: A Resolution Setting the Time, Date, and Place for a Public
Hearing to Consider a Request by Smith Hawks P.L. on behalf of SH Marinas 6000, LLC, for a
Resolution Renouncing and Disclaiming any right of Monroe County and the Public in and to a
Public Right-of-Way More Particularly Described as a Portion of Peninsular Avenue, Stock Island,
Monroe County, Florida, as Shown on the Plat of George L. McDonald, Plat Book 1, Page 55,
Bounded on the North by Block 45, Lots 42-46 and 52-57; Bounded on the West by Peninsular
Avenue; Bounded on the South by Block 61, Lots 5-7, Parcels C, D and G, and Units Ws-32 and
Unit bl-ll-20 of Key West Harbour Condominium; and Bounded on the East by Filled Bay-Bottom.
ITEM BACKGROUND:
The applicant, Smith Hawks P.L. on behalf of SH Marinas 6000, LLC, has requested for the Monroe
County Board of County Commissioners ("Monroe County") to voluntarily abandon the below-
referenced existing public right of way, more particularly described as a portion of Peninsular
Avenue, in the Plat of George L. McDonald, according to the Plat thereof, as recorded in Plat Book
1, Page 55, of the Official Records of Monroe County, Florida, bounded on the north by Block 45,
Lots 42-46 and 52-57; bounded on the west by Peninsular Avenue; bounded on the south by Block
61, Lots 5-7, Parcels C, D and G, and units Ws-32 and unit bl-11-20 of Key West Harbour
Condominium; and bounded on the east by filled bay bottom. The applicant has requested for
Monroe County to voluntarily abandon the eastern terminal portion of the Peninsular Avenue public
right-of-way. The applicant currently owns 6000 Peninsular Avenue — Key West Harbour
Condominium — which abuts the southern portion of this public right-of-way abandonment request,
and is making this request for the BOCC to abandon its public right-of-way in furtherance of the
applicant's Stock Island Yacht Club redevelopment project pending the Board of County
Commissioners' approval of a development agreement which the Planning Commission
recommended for BOCC approval subject to the determinations and conditions outlined in the
Planning and Environmental Resources Department's professional staff report accepted by the
Planning Commission on November 16, 2021. The figure below delineates the location and portion
of public right-of-way that the applicant has requested for the BOCC to voluntarily abandon in its
favor.
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This right-of-way abandonment petition has been reviewed by the Monroe County Planning and
Environmental Resources Department's professional staff and all utilities and relevant parties have
stated that they have no objection, so long as the following conditions are met:
Keys Energry Services ("KEYS"), in an updated letter dated October 4, 2021, requires the applicant
to provide an easement for all KEYS owned facilities located in the subject right-of-way.
AT&T, in a letter dated October 7, 2021, requires the applicant to provide an easement for all
AT&T-owned facilities located in the subject right-of-way.
The Florida Keys Aqueduct Authority ("FKAA"), in a letter dated September 29, 2021, requires the
applicant to provide an easement for all FKAA owned facilities located in the subject right-of-way.
Key West Resort Utilities ("KWRU"), in a letter dated September 28, 2021, requires the applicant to
provide an easement for all KWRU owned facilities located in the subject right-of-way.
The Monroe County Fire Marshal, in a letter dated October 6, 2021, requires the applicant to provide
an easement for all Monroe County Fire Department owned facilities located in the subject right-of-
way.
Pursuant to Monroe County Code of Ordinances 19-1(d), all right-of-way abandonments shall
comply with Monroe County Code(s) and standard engineering requirements for road, turn-around
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L.1
and fire-rescue access. If required for safety purposes, as determined by either Fire Marshal or the
County Engineer, a dedicated turnaround area shall be shown on the submitted survey and shall be
agreed to in writing and constructed with payment by the property owner(s) requesting
abandonment.
The Monroe County Engineering Department, in a letter dated September 9, 2020, requires the
applicant to construct a T-turnaround at the new terminus of Peninsular Avenue. The applicant has
agreed to construct the T-turnaround at his expense as provided in the Right-of-Way Abandonment
Agreement for Turnaround Construction. The applicant must coordinate with Monroe County for a
permit to work within the right-of-way within 180 days of the approval of the right-of-way
abandonment. Said agreement if accepted by Monroe County will be recorded as part of the
abandonment Resolution. Should the applicant fail to complete the turnaround construction as stated
in the agreement, the right-of-way will revert to the Monroe County BOCC. Additionally, Monroe
County Engineering Services stated that the stormwater inlet structure within the portion that is
proposed to be abandoned and the outfall beyond the end of the right-of-way will need to become
the responsibility of the petitioner; Monroe County will no longer maintain these structures.
Accordingly, the Monroe County Planning and Environmental Resources Department's professional
staff has found that the proposed abandonment meets the criteria of Monroe County Code of
Ordinances Section 19-1, and recommends approval of a Resolution setting a public hearing for
January 21, 2022, at the Marathon Government Center, 2798 Overseas Highway, Marathon,
Monroe County, Florida, for the Monroe County BOCC to consider whether to voluntarily
abandon this public-right-of-way in favor of the applicant, Smith Hawks P.L., on behalf of SH
Marinas 6000, LLC.
PREVIOUS RELEVANT BOCC ACTION:
N/A
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Resolution Setting Hearing
Staff Report
Survey
Abandonment and Turnaround Plans
County Letters
Utility Letters
ATT Easement
FKAA Easement
KWRU Easement
MC Fire Easement
T-Turn Agreement
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FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
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: NA
Additional Details:
REVIEWED BY:
Emily Schemper Completed 11/23/2021 4:07 PM
Peter Morris Completed 11/23/2021 4:44 PM
Purchasing Completed 11/23/2021 5:02 PM
Budget and Finance Completed 11/23/2021 5:07 PM
Maria Slavik Completed 11/23/2021 5:26 PM
Liz Yongue Completed 11/23/2021 5:32 PM
Board of County Commissioners Pending 12/08/2021 9:00 AM
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L.1.a
1 urwfa
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2
3 RESOLUTION NO. -2021
4
5 A RESOLUTION SETTING THE DATE, TIME, AND
6 PLACE FOR A PUBLIC HEARING CONCERNING
7 THE PROPOSED ABANDONMENT OF A PORTION N
8 OF THE MONROE COUNTY PUBLIC RIGHT-OF-
9 WAY SITUATED AT, ABOUT, OR ON PENINSULAR
10 AVENUE,AS SHOWN ON THE PLAT OF GEORGE L.
11 MCDONALD PLAT BOOK 1, PAGE 55, BOUNDED ON
12 THE NORTH BY BLOCK 45, LOTS 42-46 AND 52-57;
13 BOUNDED ON THE WEST BY PENINSULAR v
14 AVENUE; BOUNDED ON THE SOUTH BY BLOCK 61,
15 LOTS 5-7, PARCELS C, D AND G, AND UNITS WS-32
16 AND UNIT B1-L1-20 OF KEY WEST HARBOUR
17 CONDOMINIUM; AND BOUNDED ON THE EAST BY
18 FILLED BAY BOTTOM, SECTION 35, TOWNSHIP 67
19 SOUTH, RANGE 25 EAST, STOCK ISLAND KEY,
20 MONROE COUNTY, FLORIDA.
21
22 WHEREAS,an application was filed by Smith Hawks P.L. on behalf of SH Marinas 6000,
23 LLC, requesting for the Monroe County Board of County Commissioners ("Monroe County",
24 "BOCC", or the "County") to vacate and abandon a portion of Monroe County's public right-of-
25 way situated as more particularly described below; and
26 =
27 WHEREAS, under the Monroe County Code and Florida Statutes Chapter 336, it is
28 necessary to hold a public hearing for Monroe County Board of County Commissioners to publicly i)
29 consider renouncing its rights to the instant Monroe County right-of-way after publishing due r_
30 notice of said hearing in accordance with said Chapter; and
31 0
32 WHEREAS, the Monroe County Board of County Commissioners hereby desires to hold
33 a public hearing to decide whether or not to voluntarily abandon the below-referenced portion of
34 public right-of-way in favor of the applicant Smith Hawks P.L. on behalf of SH Marinas 6000, a
35 LLC;
36
37 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
38 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
39
40 Section 1. The foregoing recitals are true and correct, and are hereby incorporated as
41 if fully set forth herein.
42
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I Section 2. The Board of County Commissioners of Monroe County, Florida,will hold
2 a public hearing on January 21, 2022, at the Marathon Government
3 Center, 2798 Overseas Highway, Marathon, Monroe County, Florida,
4 to consider whether or not to voluntarily abandon the more particularly
5 below-described public right-of-way in favor of the applicant, Smith Hawks
6 P.L. on behalf of SH Marinas 6000, LLC, to wit:
7
8 THE PUBLIC RIGHT OF WAY DESCRIBED AS:
9
10 COMMENCE (POC) AT THE INTERSECTION OF THE EASTERLY
11 RIGHT OF WAY LINE OF MALONEY AVENUE AND THE SOUTHERLY
12 RIGHT OF WAY LINE OF PENINSULAR AVENUE THENCE RUN
13 "EAST" ALONG THE SOUTHERLY RIGHT OF WAY LINE OF
14 PENINSULAR AVENUE FOR A DISTANCE OF 400 FEET,TO THE POINT
15 OF BEGINNING (POB). THENCE CONTINUE EAST ALONG THE v)
16 SOUTH RIGHT OF WAY LINE OF PENINSULAR AVENUE FOR A
17 DISTANCE OF 435.74 FEET, TO A POINT. THENCE AT RIGHT ANGLE
18 570 56' 59" FOR A DISTANCE OF 25.01 FEET, THENCE AT RIGHT
19 ANGLE 2010 12' 27" FOR A DISTANCE OF 39.50 FEET, TO A POINT
20 BEING ON THE NORTHERLY RIGHT OF WAY LINE OF SAID
21 PENINSULAR AVENUE THENCE AT RIGHT ANGLE 1000 50' 34"
22 ALONG THE NORTHERLY RIGHT OF WAY OF PENINSULAR
23 AVENUE, "WEST" FOR A DISTANCE OF 415.03 FEET, THENCE C
24 "SOUTH" FOR A DISTANCE OF 60.00 FEET, BACK TO THE POINT OF
25 BEGINNING (POB).
26
27 Section 3. Construction and Interpretation. This resolution and its interpretation
28 shall be liberally construed and enforced in favor of Monroe County to
29 effectuate its public purpose(s) and policy(ies) of the County. The
30 construction and interpretation of this resolution and all Monroe County
31 Comprehensive Plan provision(s), Florida Building Code, Florida Statutes, s
32 and Monroe County Code(s)provision(s)whose interpretation arises out of,
33 relates to, or is interpreted in connection with this resolution shall be u
34 liberally construed and enforced in favor of Monroe County to effectuate its r_
35 public purpose(s) and policy(ies) of the County, and shall be construed in
36 favor of the BOCC and such construction and interpretation shall be entitled 0
37 to great weight in adversarial administrative proceedings, at trial
38 bankruptcy, and on appeal.
39 a
40 Section 4. No Liability. Monroe County expressly reserves and in no way shall be
41 deemed to have waived, for itself or for its officer(s), employee(s), or
42 agent(s), any sovereign, governmental, and any other similar defense,
43 immunity, exemption, or protection against any suit, cause-of-action,
44 demand, or liability.
45
46 Section 5. Severability. If any provision of this resolution, or any part or portion
47 thereof, is held to be invalid or unenforceable by any administrative hearing
48 officer or court of competent jurisdiction, the invalidity or unenforceability
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I of such provision, or any part or portion thereof, shall neither limit nor
2 impair the operation, enforceability, or validity of any other provision of
3 this resolution, or any remaining part(s) or portion(s) thereof. All other
4 provisions of this resolution, and remaining part(s) or portion(s) thereof,
5 shall continue unimpaired in full force and effect.
6
7 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
8 at a regular meeting of the Board held on the 8t'day of December 2021.
9
10 Mayor David Rice
11 Mayor Pro Tem Craig Cates 6
12 Commissioner Michelle Coldiron
13 Commissioner Eddie Martinez
14 Commissioner Holly Merrill Raschein
15 v)
16
17 BOARD OF COUNTY COMMISSIONERS
18 OF MONROE COUNTY, FLORIDA
19 �
20
21 BY:
22 (SEAL) MAYOR DAVID RICE
23 C
24 ATTEST: KEVIN MADOK, CLERK MONnOFF COUNTY ATTOR c
25
26
[gate.
27 BY:
28 AS DEPUTY CLERK `-'
29
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3 MEMORANDUM
4 Monroe County Planning & Environmental Resources Department
5 We strive to be caring,professional and fair
6
7 To: Monroe County Board of County Commissioners
8
9 Through: Emily Schemper, AICP, CFM, Sr. Director of Planning & Environmental
10 Resources
11
12 From: Janene Sclafani, Transportation Planner
13
14 Date: November 17, 2021
15
16 Subject: A public hearing to consider the approval of a resolution renouncing and
17 disclaiming any right of the County and the public in and to a portion of the right-
18 of-way of Peninsular Avenue, as shown on the plat of George L. McDonald in
19 Section 35, Township 67S, Range 25E, of Monroe County, Florida (File #2020-
20 111) �
a.
21 ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ ,
22 BOCC Meeting: December 8, 2021 (set public hearing)
23 January 21, 2022 (public hearing) E
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24
25
26 REQUEST:
27 Smith Hawks P.L. on behalf of SH Marinas 6000
p 'i4t.t\`28 LLC (the "Applicant") requests an abandonment
29 of a portion of Peninsular Avenue, in George L.
30 McDonald, according to the Plat thereof as
31 recorded in Plat Book 1, Page 55, of the Public`
32 Records of Monroe County, Florida, bounded on ��,
33 the north by Block 45, Lots 42-46 and 52-57, � �sn �r��� v)
34 bounded on the west by Peninsular Avenue,
35 bounded on the south by Block 61 Lots 5-7 � � � ; ��' '� E
36 Parcels C, D and G, and units Ws-32 and unit bl
37 11-20 of Key West Harbour Condominium; and ' �, r
38 bounded on the east by filled Bay bottom. _: � � ���
39
40 The Applicant is requesting the abandonment of
41 the eastern terminus portion of the right-of-way of
42 Peninsular Avenue. The applicant currently owns
43 6000 Peninsula Avenue (Key West Harbour
44 Condominium), which abuts the southern portion Figure 1-Proposed Right-of-Way
45 of this public right-of-way abandonment request Abandonment location.
46 and is making this request for the BOCC to
SH Marinas 6000,LLC Abandonment Petition File 42020-1 1 1 Page 1 of 8
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I abandon its public right-of-way in furtherance of the applicant's Stock Island Yacht Club
2 redevelopment project pending the Board of County Commissioners' approval of a development
3 agreement which the Planning Commission recommended for BOCC approval subject to the
4 determinations and conditions outlined in the Planning and Environmental Resources
5 Department's professional staff report accepted by the Planning Commission on November 16,
6 2021.
7
8 REVIEW OF APPLICATION:
9 The requested Right-of-Way Abandonment is established within the George L. McDonald plat, a
10 subdivision in Section 35, Township 675, Range 25E. The plat was recorded on October 21, 1911.
11
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abandonment request :
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Figure 2-Excerpt of George L. McDonald Plat
12
13 The proposed abandonment portion is described as follows:
14
15 North portion:
16
SH Marinas 6000,LLC Abandonment Petition File 42020-1 1 1 Page 2 of 8
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COMMENCE (POC) AT THE AT TRIP INTERSECTION OF THE EASTERLY RIGHT
F WAY LINE OF MALONEY AVENUE AND THE SOUTHERLY RIGHT OF 'I "A
LIME OF PENINSULAR ULAR AVENUE THENCE RUN "EAST" ALONG THE
SOUTHERLY RIGHT OFWAY LIME OF PENINSULAR AVENUE FOR A DISTANCE
OF 400 FEET„ THENCE CONTINUE ALONG THE SOUTH RIGHT OF WAY LINE
OF PENINSULAR AVENUE FOR A DISTANCE OF 435.74 FEET, TO A POINT.
THENCE AT FIGHT ANGLE 57' 5 ' " FOR A DISTANCE OF 25.01 FEET,
THENCE AT RIGHT ANGLE 2 1' 12' 27" FOR A DISTANCE OF 8.95 FEET TO THE
POINT T F BEGINNING (POB) THENCE CONTINUE ALONG SAID LINE FOR A
DISTANCE or 30.55 FEET, TO A POINT BEING ON THE NORTHERLY FIGHT or,
AY LINE OF SAID PENINSULA A 'EN E THENCE AT RIGHT ANGLE 1000 5 '
4°" ALONG THE NORTHERLY RIGHT OF ' AY OF PENINSULAR AVENUE,
"WEST" FOR A DISTANCE OF 415.03 FEET,. THENCE "SOUTH"" FOR A
DISTANCE OF 30.00 FEET, THENCE EAST" ALONG THE CENTERLINE OF
PENINSULAR AVE FOR A DISTANCE OF 420.78 FEET BACK TO THE. POINT OF
BEGINNING NIIw`«I (PCB)
SAID AREA CONTAINS NTAINS 12,537 SQUARE FEET MORE OR LESS OR 0,2878 �
ACRES MORE OR LESS
_ ROADWAY TO BE, ABANDONEDy
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3 Figure 3-Excerpt of Boundary Survey, North Portion
4
5 South portion: 0
6
7
SH Marinas 6000,LLC Abandonment Petition File 42020-1 1 1 Page 3 of 8
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COMMENCE (POD;) AT THE AT THE INTERSECTION OF THE: EASTERLY RIGHT
OF WAY LINE OF MALONEY AVENUE AND THE SOUTHERLY RIGHT OF WAY
LINE OF PENINSULAR AVENUE THENCE RUN "EAST" ALONG THE
SOUTHERLY RIGHT OF WAS' LINE OF PENINSULAR, AVENUE FOR A DISTANCE
OF 400 FEET, TO THE POINT OF BEGINNING NIN (POB). THENCE CONTINUE EAST
ALONG THE SOUTH RIGHT OF WAY LINE OF PENINSULAR AVENUE FOR A
DISTANCE OF 435.74 FEET, TO A POINT. THENCE AT RIGHT ANGLE 57' 56' 591,
FOR. A DISTANCE OF 25.01 FEET, THENCE AT RIGHT ANGLE 01" 12" 27" FOR
A DISTANCE OF 8.95 FEET,, TO A POINT BEING ON THE CENTERLINE OF THE
RIGHT OF WAY LINE OF SAID PENINSULAR AVENUE, THENCE RUN WEST
ALONG SAID EI' TER.LII' E OF RIGHT OF WAY FOR. A DISTANCE 420.7 ' FEET,
THEN E RUN SOUTH FOR A DISTANCE OF 30.00 FEET, BACK K TO THE POINT .�
OF BEGINNING INNING (POP)
SAID AREA CONTAINS 12,807 SQUARE FEET MORE OR I. SS OR 0.294 ACRES
MORE OR LESS
1 t�t 17
ROADWAY TO BE ABANDONED
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3 Figure 4-Excerpt of Boundary Survey, South Portion
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6 Figure 5-Excerpt of Boundary Survey, Entire Right-of-Way
7 E
8 The Applicant owns 6000 Peninsula Ave (Key West Harbour Condominium) which abuts the
9 southern portion of the right-of-way abandonment request. <
10
11 The Applicant seeks the abandonment for the following reasons: "Redevelopment of Stock Island
12 Yacht Club pending approval of development agreement application."
13
14 This petition has been reviewed by County staff and written recommendations of no objection or
15 required conditions were received from the following private utilities and County departments:
16
17 • Keys Energry Services (KEYS), letter dated March 17, 2020, email update dated
18 July 10, 2020, updated letter October 4, 2021; (Easement)
SH Marinas 6000,LLC Abandonment Petition File 42020-1 1 1 Page 4 of 8
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1 • AT&T, letter dated May 27, 2020, updated letter October 7, 2021; (Easement)
2 • Comcast, letter dated May 27, 2020, updated letter October 7, 2021;
3 • Florida Keys Aqueduct Authority (FKAA) letter dated September 4, 2020,updated
4 letter September 28, 2021; (Easement)
5 • Key West Resort Utilities (KWRU) letter dated May 20, 2020, updated letter
6 September 28, 2021; (Easement)
7 • Monroe County Fire Marshal, letter dated May 20, 2020, updated letter November
8 19, 2020, updated letter October 6, 2021; (Easement)
9 • Monroe County Sheriff's Office, letter dated July 13, 2020;
10 • Monroe County Engineering Department, letter dated September 9, 2020; and
11 • Monroe County Code Enforcement, letter dated October 9, 2020
12
13 KEYS, letter dated October 4, 2021, confirms conditions of a previous letter dated Mach 17, 2020
14 are still valid which requires the Applicant to provide an easement(Exhibit I to the Resolution)for
15 all KEYS owned facilities located in the subject right-of-way. v)
16 >
17 AT&T, letter dated October 7, 2021, requires the Applicant to provide an easement(Exhibit II to
18 the Resolution) for all AT&T owned facilities located in the subject right-of-way.
19 �
20 FKAA, letter dated September 29,2021,requires the Applicant to provide an easement(Exhibit III CL
21 to the Resolution) for all FKAA owned facilities located in the subject right-of-way. F
22 a
23 KWRU, letter dated September 28, 2021, requires the Applicant to provide an easement(Exhibit r-
24 IV to the Resolution) for all KWRU owned facilities located in the subject right-of-way.
25
26 Monroe County Fire Marshal, letter dated October 6, 2021, requires the Applicant to provide an
27 easement(Exhibit V to the Resolution) for all Monroe County Fire Department owned facilities 0
28 located in the subject right-of-way and to provide emergency services.
29 0
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30 Additionally, Monroe County Engineering Department, letter dated September 9, 2020, requires
31 the Applicant to construct a T-turnaround at the new terminus of Peninsular Avenue. The
32 Applicant has agreed to construct the T-turnaround at his expense as provided in the Right-of-Way
33 Abandonment Agreement for Turnaround Construction. The Applicant will coordinate with
34 Monroe County for a permit to work within the right of way within 180 days of the approval of 0)
35 the right of way abandonment.
36
37 The agreement(Exhibit VI to the Resolution)will be recorded and accepted by Monroe County as
38 part of the abandonment resolution. Should the Applicant fail to complete the turnaround
39 construction as stated in the agreement the right-of-way will revert to Monroe County.
40
41
42 Monroe County Code Section 19-1 - Abandonment of rights-of-way states:
43
44 (a) All applications for the abandonment of public rights-of-way shall demonstrate the right-
45 of-way is no longer required for public use and convenience. Any proposed abandonment
46 must demonstrate that such action will not adversely affect public safety or convenience or
SH Marinas 6000,LLC Abandonment Petition File 42020-1 1 1 Page 5 of 8
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I otherwise have a negative impact on the county system of streets or public or private utility
2 facilities.
3
4 The Applicant states: "The right-of-way is used solely as a means of ingress and egress
5 to and from Stock Island Yacht Club. The right-of-way does not provide public access to
6 the water and is utilized as an access point for a private yacht club. The requested
7 abandonment is a portion of Peninsular Avenue that is located at the end of the street
8 and abandonment will have no effect on the County streets, will not affect the public
9 safety, and will not negatively affect public or private utilities (easements will be granted
10 for all necessary utilities and public safety)."
11
12 As noted above, in addition to an easement with Monroe County Fire Department,
13 utility easements with KEYS, AT&T, FKAA, KWRU are required. Additionally, a
14 Right-of-Way Abandonment Agreement for Turnaround Construction is required.
15 The agreement (Exhibit VI to the Resolution) will be recorded and accepted by c
16 Monroe County as part of the abandonment resolution. Should the Applicant fail to
17 complete the turnaround construction as stated in the agreement the right-of-way will
18 revert to Monroe County.
19
20 (b) No dedicated and accepted right-of-way in the county shall be abandoned where:
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21 (1) the right-of-way terminates on a body of open water; or
22
23 The platted right-of-way does not terminate on a body of open water.
24 0
25 (2) the right-of-way provides access to the public to land on open water; or
26
27 The platted right-of-way does not provide access to the public to land on open
28 water. e�
29
30 (3) the abandonment would preclude a way for the public to maintain access to the
31 water.
32
33 The abandonment would not preclude a way for the public to maintain access
34 to water.
35
36 (c) In all other cases of abandonment, no right-of-way shall be abandoned unless there is an
37 agreement to do so by all affected property owners. For purposes of this subsection, an
38 affected property owner is the owner of property which, if the right-of-way is abandoned,
39 will:
40 (1) Have access that is currently used by that property owner eliminated;
41
42 The requested abandonment is for a portion of right-of-way only gives access
43 to the Applicant's property.
44
45 (2) Have the only platted access eliminated;
46
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I The requested abandonment is for a portion of the right-of-way of Peninsular
2 Avenue that is not used for access by other properties. It only gives access to
3 the Applicant.
4
5 (3) Have the paved area adjacent to that property increased for turn-around purposes;
6 or
7
8 A T-turnaround is required. The Applicant has provided a written Letter of
9 No Objection from affected property owner, Lejeune Airport Park Suites,
10 Inc. in addition to a Right-Of-Way Agreement for Turnaround Construction
11 (Exhibit VI to the Resolution).
12
13 (4) Be increased in size.
14
15 The affected properties will be increased in size by 25,344 square feet in total
16 which will be divided between the Applicant receiving 12,807 square feet and
17 Lejeune Airport Park Suites, Inc. receiving 12,537 square feet. There is no
18 objection to this increase.
19
20 (d) All Right-of-Way abandonments shall comply with the County Code and Standard
CL
21 Engineering requirements for road, turn-around and fire-rescue access. If required for
22 safety purposes, as determined by either Fire Marshal or County Engineer, a dedicated
23 turn-around area shall be shown on the submitted survey and shall be agreed to in writing E
24 and constructed with payment by the property owner(s) requesting abandonment. 0
25
26 No objections from Monroe County Fire Marshal. The memorandum dated
27 October 6, 2021, states the "Fire Department Access and Emergency Use
28 Easement" (Exhibit V to the Resolution)is required .
29
0
30 No objections were given from Monroe County Engineering Services. The
31 memorandum dated September 9,2020,states a T-turnaround is required, and the
32 stormwater inlet structure within the portion that is proposed to be abandoned and i)
33 the outfall beyond the end of the right-of-way will need to become the responsibility
34 of the petitioner; the County will no longer maintain these structures.
E
35
36 A Right-of-Way Abandonment Agreement for Turnaround Construction is
37 required. The agreement (Exhibit VI to the Resolution) will be recorded and
38 accepted by Monroe County as part of the abandonment resolution.
39
40 No objections were given from Monroe County Code Compliance. The
41 memorandum dated October 9, 2020, states the subject area is currently used for
42 outdoor storage.
43
44 (e) A Right-of-Way may be abandoned only at the terminal portion of the road and in its
45 full width unless one of the following applies;
SH Marinas 6000,LLC Abandonment Petition File 42020-1 1 1 Page 7 of 8
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1 (1) An adjacent lot owner has on the platted right-of-way or within a setback a
2 substantial structure which predates the Special Session Law 59-1578 pertaining
3 to maps,plats, and right-of-way. The term "substantial structure" specifically does
4 not include wood or metal fences, sheds or tiki huts or other items not listed which
5 are accessory structures; or
6 (2) The abandonment is requested by a County department or governmental agency
7 for a public use;for purposes of this subsection public use is a public facility and/or
8 public/private utility; or
9 (3) 3. The Right-of-Way area is unusual in size or shape and after abandonment the
10 remaining Right-of-Way width will be the same on both sides of the abandonment
11 as shown in Example 1.
12
13 The requested abandonment is for the terminal portion of Peninsular Avenue
14 and in its full width.
15
16 The requested abandonment of a portion of the right-of-way of Peninsular Avenue, in the Plat of
17 George L.Mcdonald, in Section 35, Township 675, Range 25E, on Stock Island, Monroe County,
18 Florida meets the criteria cited above and is therefore suitable for abandonment.
19 �
20 RECOMMENDATION:
CL
21 Staff recommends approval of the requested right-of-way abandonment.
C
0
0
SH Marinas 6000,LLC Abandonment Petition File 42020-1 1 1 Page 8 of 8
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Code Compliance
rwti�
Code Comuliance ePartme t Board of County Commissioners
2795 Overseas Highway q Mayor Heather Carruthers,District 3
Marathon,Florida 33050
Voice: 305 219-2 l03 d ttti ' Mayor Pro Tom George etrgent District 2
(- ) ,� l i' Danny Kohla e District. I
FAX: (305)289-2858 04t, David Dice,District.4
� Sylvia J. Murphy,District 5
e strive to be car°irr ,professional,and fair.
lIze Aguila, . Planning Commissionr i r
Cynthia . McPherson, Sr. Director Code Compliance
October 9,
2020
-
0
RL File -1 ri , LLC Road/Righty Abandonment
site inspection right y/ r rt conducted c r
Code Compliance s no objectionsthe road/right of way abandonment. However,
photos attached ill show the area is currently for outdoor storage.
0
If you haveu i , please feel free to contact
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Engineering Department
MEMORANDUM
To: Janene Sclafani, Transportation Planner
Ilze Aguila, Sr. Planning Commission Coordinator
From: Judy Clarke, Director of Engineering Services
Date: September 9, 2020
Re: 2020-111 SH Marinas 6000, LLC Road Abandonment Petition
0
I have reviewed the referenced road abandonment petition for a portion of Peninsular Avenue
and have no objections to the abandonment. The stormwater inlet structure within the portion
that is proposed to be abandoned and the outfall beyond the end of the right-of-way will need to y
become the responsibility of the petitioner; the county will no longer maintain these structures
should the abandonment be approved.
Additionally, the petitioner will be required to construct a T-turnaround at the new terminus of
Peninsular Avenue. The turnaround should be placed such that it does not interfere with the
access drive to the property that is located on the north side of Peninsular Avenue.
If you should have any questions or need any additional information please contact me.
Thank you.
c
Packet Pg. 2105
MONROE
w). COUNTY
RICHA I ... RAMS, SHERIFF
s
I
e
To. Sheriff Richard Ramsay
From® Capt. Donnie Catala
Subject: County might of Way abandonment
Cate. July1 , 2020
Sheriff Ramsay, I received and reviewed the packet in regards to requesting
a County right of way abandonment for a portion of Peninsular Avenue on
Stock Island. .
I surveyed the location and found this, abandonment would not hinder
emergency services (police or fire) from accessing the listed property. The E
property in question starts about half way down Peninsular Avenue and ends
at the property line of boat barn in the marina. The piece of Peninsular avenue
they are requesting abandonment of is approximately 4 .74 feet.
I spoke with Jess Goodall, who works for the potswood's Hotels and Marinas.
r. Goodall was the contact person listed on the Abandonment Request. Mr.
Goodall told me at present, there were no plans to place a gate limiting access
to the marina. He said if one were added, they would provide access to law
enforcement and fire rescue. He felt the current gate that is inside their
property would remain. That gate automatically, opens as a vehicle
approaches. It.
Sheriff Ramsay I do not foresee any conflicts with approving this request.
Respectfully
t. Connie Catala
A p
s
Packet P�. 210G
L.1.e
FloridaCounty of Monroe
OFFICE OF THE FIRE
The y MARSHAL
490 63"Street Ocean
Marathon, FL 33050
Phone: (305) 289-6020
October 6, 2021
Mr. Jess Miles Goodall
Smith Hawks Attorneys at Law
138 Simonton Street
Key West, FL 33040 .�
Sent Via Email
N
RE: Road Abandonment Request, at 6000 Peninsular Ave,Stock Island
Dear Mr. Goodall,
�t
This letter is sent in response to your request for coordination of the proposed abandonment of the roadway
located adjacent to 6000 Peninsular Avenue, Stock Island, as provided on the "Legal Description of
Roadway for Abandonment" submitted to this office. The Monroe County Fire Marshal's Office has
conducted a site visit of the area to review the impact of the road abandonment. F
Access to this roadway is of critical importance for Monroe County Fire Rescue to provide fire suppression r-
services for the Yacht Club and adjacent structures. Notably, there is a fire hydrant within the proposed a
area to be abandoned and additional gates or other obstructions are a concern.
Nonetheless, considering the draft "Fire Department Access and Emergency Use Easement" provided as
part of the road abandonment request, the Fire Marshal's Office does not object to this request. Please
provide a copy of the recorded easement once executed. In
The Fire Marshal's Office is committed to a fire prevention program that places a high priority on the
welfare and safety of the public while minimizing potential fire and life safety hazards and improving fire r-
department access. Our goal is to provide a high level of life safety and property protection measures for 0
the community and first responders through inspection, education and enforcement. We look forward to
working with you towards a successful completion of this project.
If you have any questions or require further information,please do not hesitate to contact the Fire Marshal
at(305) 289-6020.
Sincerely,
R.L Colina
Fire Marshal
c: Craig Marston, Deputy Fire Marshal
Packet Pg. 2107
L.1.f
AT&T Florida T: 786.478.2964
650 United St
AT&T.� � �� Key West, FL 33040
October 7, 2021
Jess Goodall
Smith Hawks,P.L.
138 Simonton St �+
Key West, FL 33040
c
W
Re: Request for Letter of Coordination—Proposed Road Abandonment >
"PENINSULAR AVE"— Stock Island, FL
Gentlemen, ,
On behalf of BellSouth Telecommunications, LLC d/b/a AT&T Florida, this letter shall serve as E
notice active AT&T Florida(BellSouth) owned and maintained aerial facilities of record 0
exist within portions of the public street(s) rights of way solicited for closure/vacation as C
referenced. �
Easements will need to be dedicated and/or other provisions made to provide for the
continued legal occupation of the property by this utility to facilitate the closure of the public
right of way and maintain uninterrupted communication services. Specific contractual
arrangements will be required for recovering costs associated with any relocation of the same
if so desired.
Sincerely,
� -vfo
Fariborz Fakhralshoara,
Mgr OSP Planning &Eng Design
File: DA241906
cc: Ricky Costa,AT&T FL
Packet Pg. 2108
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COMCAte
Engineering- Construction Department
6565 Nova Drive. Davie, FI 33317
Thursday, October 07, 2021
Jess Goodall
6000 Peninsular Avenue
Key West, FL.33000
Re: Vacation and Abandonment of the Rights-of-Way being a portion of 6000
Peninsular Avenue Key West FL 33040. v)
Dear Jess Goodall:
This is to certify that Comcast has"No Objection" to the vacation and abandonment of they
Rights-of-Way being a portion of 6000 Peninsular Avenue Key West FL 33040. Based on
our current design prints, Comcast has no facilities within the footprint of this area...
r_
If you should have any questions or require additional information, please do not hesitate to
contact us at 1-754-221-1322 or e-mail at Ricardoa_Davidson@cable.comcast.com
Respectfully Submitted, �--
Ricardo Davidson
Comcast Construction Department
E
Packet Pg. 2109
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tRN MAR
< J. Robert Dean
Florida Keys Chairman
District 3
Aqueduct Authority Richard J.Toppii
1100 Kennedy Drive Vice-Chairman
Key West, Florida 33040 District 2
Telephone(305)296-2454
David aC.r Ritz
www.fkaa.com
Secrety/Treasi
13 District 5
Antoinette M.Ap
District 4
�vJ
Cara Higgins
District 1
Thomas G.Walk
Executive Direct(
September 29, 2021
Jess Miles Goodall
Smith Hawks Attorneys at Law c
138 Simonton Street
Key West, Florida 33040
RE: Abandonment of Right-Of-Way
Right-of-way abandonment for portion of Peninsular Avenue in Stock Island, according to the Plat thereof, r_
as recorded in Plat Book 1, at Page 55 of the Public Records of Monroe County, Florida. a'.
Dear Mr. Goodall:
C
The FKAA Board of Directors has no objection to your right of way abandonment request. The right of
way abandonment for portion of Peninsular Avenue in Stock Island, according to Plat Book 1, Page 55, as
recorded in the Public Records of Monroe County, Florida was approved at the August 26th, 2020
meeting.
W
The FKAA has facilities located within area of requested abandonment. The owner has agreed to
grant an easement encompassing all utilities and its appurtenances. Access to this area is required ,
at all times. Proof of easement needs to be forwarded to FKAA once recorded with Clerk of Court.
Should you have any questions or require any further information please feel free to call me.
Sincerely,
Florida Keys Aqueduct Authority
Mamie L. Walterson
Utility Design Supervisor
CC Bob Feldman, General Counsel
Jolynn Reynolds, Manager of Engineering
Peter Gomez, Manager of Pipeline Operations
Janene Sclafani-Monroe County Building Department-S cl afani-Janene@MonroeC ounty packet Pg. 2110
L.1.f
(305)295-1000
100 1 James
PO Box 6100
FL 3304"100
www.KeWEnergy.com
UTILITY BOARD OF THE CITY OF KEY WEST
VIA ELECTRONIC MAIL:Jess_smithhawks.com
October 4, 2021
Jess Goodall
Smith Hawks,P.L.
138 Simonton Street
Key West,FL 33040
Dear Mr. Goodall,
Please allow this letter to serve as confirmation that the attached letter dated March 17, 2020 is
still valid and correct,and represents the position of Keys Energy Services as of the date above.
All conditions specified in the letter are incorporated herein as of the date set forth above.
Sincerely, E
Nick Batty,Esq.
Director of Legal&Regulatory Services
Keys Energy Services
(305)295-1191
e
Packet Pg. 2111
L.1.f
4'
S (30S)295-1000
1001 Jam,as Sbvd
PO Ow 6100
Key WM R.33040-6100
UTILITY BOARD OF THE CITY OF KEY WEST
VIA ELECTRONIC MAIL: jess@smithhawks.com
March 17,2020
Jess Goodall
Smith Hawks,P.L.
139 Simonton Street
Key West,FL 33040
0
RE: Request for Letter of Coordination, Proposed Road Abandonment
Dear Mr. Goodall:
Keys Energy Services ("KEYS") is in receipt of your correspondence dated February
12, 2020, in which you request a letter of coordination I no objection from KEYS
regarding a proposed abandonment of right of way currently known as Peninsular
Avenue (the "ROW') in Stock Island, Monroe County, Florida, to your client, SH
Marinas 6000, LLC.
0
KEYS currently owns and operates distribution infrastructure in the ROW, in the
approximate location depicted below.
V
iia
-i d .. .
a
91
ll
h l E+
As such, KEYS requires an easement in order to ensure continued access to this
infrastructure. 1 have enclosed a Grant of Easement which will accommodate KEYS'
needs,and which is incorporated within this letter of coordination.
KEYS has no objection to the proposed abandonment of the ROW,provided the record
owner of the ROW after abandonment executes and records the attached Easement in
If your client would prefer a specifically-defined easement.KEYS is amenable.KEYS requires an
easement 20'on each side of all existing infrastructure.
Packet Pg. 2112
L.1.f
the Official Records of Monroe County, Florida within fifteen(15)days of approval of
the ROW abandonment.
KEYS' non-objection is contingent upon timely execution and delivery of proof of
recording the Easement to KEYS, and KEYS requests that timely execution and
recording of the Easement be made conditions of the ROW abandonment. Please
contact me as necessary to coordinate execution and recording of the Easement.
Sincerely,
„ 4 ..
F �
m
Nick Batty,lsq.
Director of Legal & Regulatory Services y
Keys Energy Services
(305)295-1191
CL
r_
0
Packet Pg. 2113
L.1.f
Prepared by:
Nick Batty,Esq.
Director of legal and Regulatory Services
Keys Energy Services
1001 James Street
Key West,FL 33040
GRANT OF EASEMUff
THIS GRANT OF EASEMENT(the"Agreement")is entered into this day of !202—by
and between SH MARINAS 6000,LLC,a Florida limited liability company Raving a mailing address of 506 Fleming
Street,Key West,FL 33040(herein referred to as"Grantor"),and THE UTILITY BOARD OF THE CITY OF KEY WEST,
FLORIDA,d/b/a Keys Energ
y,gy,a municipal utility,having a mailing address of 1001 James Street,Key West,FL 33040 y
("KEYS"or"Grantee").
WHEREAS,Grantor is the owner of certain real property(the"Property")previously known as Peninsular
Avenue,on the island of Stock Island in Monroe County,Florida,which property is legally described on Exhibit"A"
attached hereto and incorporated herein;
WHEREAS, KEYS owns, operates, and/or intends to install and operate certain electrical facilities and
appurtenances which are located or are to be located upon,over and/or under the Property(the"Infrastructure");
and
WHEREAS, the parties desire to enter into this Agreement in order to provide KEYS a non-exclusive m
perpetual easement over, in, under, and across the Property, together with a reasonable right of ingress and
egress over said property sufficient to access the Infrastructure from time-to-time.
NOW, THEREFORE, in consideration of the mutual covenants and obligations contained herein, and for
other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,Grantor and
KEYS hereby agree as follows: W
1. This Agreement shall become effective upon the date of Grantor's execution.
2. The foregoing recitals are true and correct and are incorporated herein by reference.
3. Grantor hereby grants to KEYS a perpetual easement under,over,across and upon the Property for public
utility purposes.
4. KEYS shall have the right to construct,reconstruct,lay,install,operate,maintain,relocate,repair,replace, m
improve,remove,and inspect the Infrastructure and all appurtenances thereto and shall have full right of
ingress and egress thereto and therefrom over and across the Property. Notwithstanding the foregoing,
however, no existing structure(other than foliage or natural obstructions)shall be disturbed or removed
without prior consent of Grantor.
S. Grantor shall fumish and maintain the Property free of and clear from any obstruction which would
Interfere with KEYS' rights hereunder,and shall not construct,place,or allow the placing or construction
of any obstruction which would interfere with KEYS'safe or proper installation,operation, maintenance,
inspection, or removal of the infrastructure, as reasonably determined by KEYS. KEYS may remove any
1
Packet Pg. 2114
L.1.f
obstruction to the safe or proper operation, maintenance, inspection, or removal of such Infrastructure,
provided that KEYS shall, except in the event of discovery of conditions which are reasonably likely to
cause a dangerous condition or affect the continuous service provided by KEYS to Its ratepayers, provide
reasonable notice to Grantor prior to such removal. Grantor shall promptly reimburse any expenses of
KEYS in such removal.
6. KEYS shall have the right as necessary or desirable for the safe and proper installation, operation,
maintenance,inspection,or removal of the Infrastructure,or in order to provide reasonable access to the
Infrastructure, to cut and trim trees, bushes, brush, and other natural obstructions existing upon the
Property In the vicinity of the Infrastructure from time to time. y
7. Grantor shall have the right to make any other use of the Property which does not interfere with the
rights of KEYS hereunder.
8. Grantor shall bear the cost of any relocation or modification of any Infrastructure when the relocation or
modification is necessitated by Grantor's request.
9. All covenants, stipulations, terms, conditions, and provisions of this Agreement shall extend to and be
made binding upon the future owners of the above described Property and the successors and assigns of
CL
KEYS and Grantor as a covenant running with the land. This Agreement shall be recorded by Grantor at
Grantors expense in the Official Records of Monroe County within fifteen (15) days of execution, and
Grantor shall provide proof of such recording to KEYS within thirty(30)days of execution. e
10. Grantor warrants that it has full power and authority to grant this easement,and Grantor and signatories
herein warrant that the signatories hereon have full power to bind Grantor for the purposes set forth
herein.
11. This Agreement shall be governed by and interpreted under the laws of the State of Florida,
notwithstanding any choice of law principles. Any litigation brought on the basis of this Agreement shall
be brought and held in Key West,Monroe County,Florida.
12. In the event of litigation between the parties,their successors and/or assigns,arising out of or relating to
this Agreement, the prevailing party shall be entitled to recover all costs incurred and reasonable
attorney's fees,including attorney's fees incurred in any appeals. Nothing herein shall constitute a waiver m
of Grantee's sovereign immunity pursuant to applicable statutes.
13. This Agreement sets forth all of the covenants and understandings between Grantor and KEYS. No
subsequent alteration, amendment, change or addition to this Agreement shall be binding upon either
party unless reduced to writing and duly executed by both parties.
[Remainder of Page Intentionally Blank.Signature Page to follow.]
Packet Pg. 2115
L.1.f
IN WITNESS WHEREOF,the Grantor has hereunto set his/her/its hand and seal this®day of 202_.
WITNESS SH MARINAS 6000,LLC
a Florida limited liability company
8y:
Print Name: Print Name:
Title:
Print Name: c
W
STATE OF >
COUNTY OF
The foregoing instrument was acknowledged before me this day of 202_, by
as of SH MARINAS 6000, LLC, a Florida limited liability
company,who is personally known to me/has produced as identification.
CL
Notary Public
C
0
Packet Pg. 2116
L.1.f
EXHIBIT"A"
COMMENCE (POC)AT THE AT THE INTERSECTION OF THE EASTERLY RIGHT
OF WAY LINE OF MALONEY AVENUE AND THE SOUTHERLY RIGHT OF WAY
LINE OF PENINSULAR AVENUE THENCE RUN "EAST'ALONG THE
SOUTHERLY RIGHT OF WAY LINE OF PENINSULAR AVENUE FOR A DISTANCE
OF 400 FEET, TO THE POINT OF BEGINNING (POB). THENCE CONTINUE
ALONG THE SOUTH RIGHT OF WAY LINE OF PENINSULAR AVENUE FOR A
DISTANCE OF 435.74 FEET, TO A POINT. THENCE AT RIGHT ANGLE 57. 56' 59"
FOR A DISTANCE OF 25.01 FEET, THENCE AT RIGHT ANGLE 101" 12'27" FOR
A DISTANCE OF 39.50 FEET, TO A POINT BEING ON THE NORTHERLY RIGHT
OF WAY LINE OF SAID PENINSULAR AVENUE THENCE AT RIGHT ANGLE 100 Tn
15' 34"ALONG THE NORTHERLY RIGHT OF WAY OF PENINSULAR AVENUE,
"WEST FOR A DISTANCE OF 435.74 FEET. THENCE "SOUTH" FOR A
DISTANCE OF 60.00 FEET, BACK TO THE POINT OF BEGINNING (POB)
CL
0
4
Packet Pg. 2117
rr
6630 Front Street
Key West, FL 33040
. 305.295.3301
FAX 305.295.0143
KWK" U www.kwru.com
September 28, 2021
VIA ELECTRONIC MAIL
SH Marinas 6000, LLC
c/o Jess Goodall, Esq.
6000 Peninsular Ave v)
Key West, FL 33040
e(
RE: Request for Letter of No Objection -Abandonment of a Portion of Peninsular Avenue
Right-of Way, 6000 Peninsular Ave., Stock Island, Florida
CL
Mr. Goodall,
a�
KW Resort Utilities Corp. (KWRU) has reviewed the Survey and legal description of the 0
proposed Abandonment as provided by "Applicant", SH Marinas 6000, LLC. The received r_
Survey and legal description is sealed by Eddie A. Martinez (Florida License 4LS6755) and is
dated February 1, 2020. The Survey designates the proposed Abandonment, the portion of
Peninsular Ave. that is to be abandoned, in red cross hatching with the following legal
description:
COMMENCE(POC)AT THE INTERSECTION OF THE EASTERLY RIGHT OF WAY LINE OF MALONEY AVENUE AND THE
SOUTHERLY RIGHT OF WAY LINE OF PENINSULAR AVENUE THENCE RUN "EAST"ALONG THE SOUTHERLY RIGHT OF
WAY LINE OF PENINSULAR AVENUE FOR A DISTANCE OF 400 FEET,TO THE POINT OF BEGINNING(POB).THENCE
CONTINUE ALONG THE SOUTH RIGHT OF WAY LINE OF PENINSULAR AVENUE FOR A DISTANCE OF 435.74 FEET,TO A
POINT.THENCE AT RIGHT ANGLE 57°56 59"FOR A DISTANCE OF 25.ol FEET,THENCE AT RIGHT ANGLE lol° 12'27"
FOR A DISTANCE OF 39.50 FEET,TO A POINT BEING ON THE NORTHERLY RIGHT OF WAY LINE OF SAID PENINSULAR
AVENUE THENCE AT RIGHT ANGLE 100° 15 34" ALONG THE NORTHERLY RIGHT OF WAY OF PENINSULAR AVENUE,
"WEST"FOR A DISTANCE OF 435.74 FEET,THENCE"SOUTH"FOR A DISTANCE OF 60.00 FEET,BACK TO THE POINT OF
BEGINNING(POB).
KWRU does not object to the abandonment of the proposed section of Peninsular Avenue
provided, SH Marinas 6000, LLC provides a Utility Easement, subject to approval by KWRU,
for any and all sewer infrastructure located within the Abandonment. Further, any removal or
relocation of sewer infrastructure shall be removed/relocated in strict accordance with all KW
Resort Utilities general conditions, specifications, and standards. SH Marinas 6000, LLC shall
Packet Pg. 2118
L.1.f
commence with construction work, relating to the removal/relocation of sewer infrastructure,
only after receiving the express written permission and approval of KWRU and its Engineer. It
shall be known and understood by all parties that one hundred percent(100%) of any and all
removal/relocation related expense shall be borne solely by SH Marinas 6000, LLC, including
any and all related expenses incurred by KW Resort Utilities Corp.
Sincerely,
Christopher A. Johnson
President
r-
0
Packet Pg. 2119
This instrument was prepared by
and return to after recording:
Jess Miles Goodall
Attorney at Law
SMITH HAWKS,PL
138 Simonton Street
Key West,FL 33040
GRANT OF UTILITY EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that SH MARINAS 6000, LLC, a Florida
limited liability company and LEJEUNE AIRPORT PARK SUITES, INC., a Florida for-profit
corporation (collectively, the "Grantor"), does hereby grant a nonexclusive easement to
BELLSOUTH TELECOMMUNICATIONS, LLC d/b/a AT&T FLORIDA, its affiliates,
licensees,agents,successors,and assigns(hereinafter called"Grantee"),for access,in,under,over and
across the hereinafter described land(the"Easement Area"),to wit:
a
On the Island of Stock Island in Monroe County,Florida: U)
LEGAL DESCRIPTION OF THE TOTAL(COMPLETE R/W)ROADWAY FOR
ABANDONMENT:
COMMENCE (POC) AT THE INTERSECTION OF THE EASTERLY RIGHT
OF WAY LINE OF MALONEY AVENUE AND THE SOUTHERLY RIGHT OF
WAY LINE OF PENINSULAR AVENUE THENCE RUN"EAST"ALONG THE
SOUTHERLY RIGHT OF WAY LINE OF PENINSULAR AVENUE FOR A E -
DISTANCE OF 400 FEET,TO THE POINT OF BEGINNING(POB). THENCE
CONTINUE EAST ALONG THE SOUTH RIGHT OF WAY LINE OF
PENINSULAR AVENUE FOR A DISTANCE OF 435.74 FEET, TO A POINT.
THENCE AT RIGHT ANGLE 570 56' 59" FOR A DISTANCE OF 25.01 FEET,
THENCE AT RIGHT ANGLE 2010 12'27" FOR A DISTANCE OF 39.50 FEET,
TO A POINT BEING ON THE NORTHERLY RIGHT OF WAY LINE OF SAID
PENINSULAR AVENUE THENCE AT RIGHT ANGLE 1000 50' 34" ALONG
THE NORTHERLY RIGHT OF WAY OF PENINSULAR AVENUE, "WEST" E
FOR A DISTANCE OF 415.03 FEET, THENCE "SOUTH" FOR A DISTANCE
OF 60.00 FEET,BACK TO THE POINT OF THE OF BEGINNING(POB).
Together with the right of ingress and egress over property of the Grantor, so as to afford the
Grantee full use and enjoyment of this easement,including the right to cut and trim,from time to time,
trees,brush,over-hanging branches and other natural obstructions on the above-described land,which
may injure or interfere with the use of the aforesaid easement. U
B
Grantor hereby grants to the Grantee a non-exclusive easement, under, over, across and upon
those portions of the above-described property ("Grantor's Property"), in which
(i) no improvements exist (other than surface improvements such as roads or sidewalks), and
(ii) the telecommunication facilities presently exist. Grantee may use other portions of Grantor's
Property,but only with the prior written consent of Grantor.
Grantee, its successors and assigns, shall have only the right to construct, reconstruct, lay,
install,operate,maintain,relocate,repair, replace, improve,remove, and telecommunication facilities
and all appurtenances thereto (the "Utility Facilities") and shall have full right of ingress and egress
thereto and therefrom in, over and across the Easement Area. In the event Grantee, shall use
00246617-v3
Pagel of 5
Packet Pg.2120
,'L.1•g
commercially reasonable efforts to not interfere with access to Grantor's Property.Grantee may at any
time enter upon, use and occupy other portions of Grantor's Property, but only to the extent that is
necessary for the operation, inspection, maintenance and repair of the Utility Facilities, and shall not
utilize Grantor's Property for any other purpose without Grantor's express written permission.
Grantor shall furnish and maintain the Easement Area free of and clear from any obstruction
and shall not construct, place, or allow the placing or construction of any obstruction which would
interfere with(i)Grantee's safe or proper installation,operation,maintenance,inspection, or removal
of the Utility Facilities located in the Easement Area or(ii)any other right granted to Grantee. Grantor
shall have the right to make any other use of the Easement Area which does not interfere with the
Grantee's rights.
The Grantor and Grantee hereby agree that nothing contained herein shall create any easement
or use rights in the general public nor shall this instrument constitute a public dedication for any public
use.
U)
W
Any obstruction to the safe or proper operation,maintenance,inspection,or removal of Utility
Facilities may be removed by the Grantee at Grantor's expense. However,as a condition precedent to
such removal, Grantee shall first provide notice to Grantor of Grantee's intent and allow Grantor
reasonable time to either remove the obstruction or provide Grantee with an alternative portion of
Grantor's Property for the purpose required. a
In exercising its rights hereunder, Grantee shall, to the extent practicable under the
circumstances,minimize disruption of and interference with Grantor's Property. Without limiting the
foregoing, Grantee shall provide reasonable prior written notice to Grantor of all maintenance and
repair activities and,except for the case of emergencies or other causes beyond Grantee's control,shall
coordinate its activities with Grantor. Grantee shall promptly restore all vegetation and improvements
damaged by its maintenance and repair activities to a condition comparable to that which existed prior
to Grantee's activities. Grantee shall indemnify and hold Grantor harmless from any loss, damage,
expense, claim,cost or liability(including attorneys' fees incurred)arising as a result of the presence
or activities of Grantee(including its agents and contractors)upon Grantor's Property.
E
Either Grantor or Grantee, in its discretion and at its sole expense, may have surveys made of
the location of the Utility Facilities, and may cause an amendment to this Agreement to be prepared
that accurately reflects the location of any such Utility Facilities. In such event, the other party shall �-
have the right to review and approve the survey and form of amendment to this Agreement (which
approval shall not be unreasonably withheld)and both parties shall promptly execute the amendment.
The width of any easement documented by a survey shall be no less than 20 feet wide to allow Grantee
to utilize heavy equipment,to the extent actually required,in connection with its maintenance,repair,
removal and replacement activities. Any amendment to this Agreement prepared pursuant to this
paragraph shall be in recordable form and shall be effective upon recordation in the Official Records
of Monroe County, Florida. Any such amendment may address either all or limited portions of
Grantor's Property, in which case, the amendment may also identify such portions of Grantor's
Property to which this Agreement and the Easements created hereby,no longer burden or affect.
Grantee understands that Grantor may seek to redevelop the Easement Area. Grantor shall
bear all costs of any nature (including all internal costs of Grantee) of any relocation or modification
of any utility facilities owned and/or operated by Grantee,including the cost of removal of any utility
relocated or modified, when such relocation or modification is necessitated by Grantee's
redevelopment of the Easement Area or other property,Grantor's requirements,or those requirements
00246617-v3 Page 2 of S
Packet Pg. 2121
L.1.g
of any utility other than Grantee. Grantor may require payment of its expected costs,if any,in advance,
but Grantor will pay any and all sums due to Grantee pursuant to this easement upon request. Further,
Grantor acknowledges and agrees that any work relating to the relocation or modification of any Utility
Facilities will be performed in accordance with Grantee's requirements and all requirements of any
applicable code or law,as may be amended from time to time.
All covenants,stipulations,terms,conditions,and provisions of this agreement shall extend to
and be made binding upon respective successors and assigns of Grantee and Grantor. It is intended
that this agreement shall be recorded and be binding upon future owners of Grantor's Property.
Grantor represents and warrants to Grantee that (i) it is the sole owner of the real property
described in this easement,(ii) it has the full right and authority to grant this easement to Grantee,(iii)
that execution and delivery of this easement has been authorized by all necessary company actions of
Grantor, and (iv)the real property described in this easement is not subject to any mortgage or other
encumbrance and no consent or approval is required of any party to make this easement effective.
Further,the individual executing this easement on behalf of Grantor personally represents and warrants U)
to Grantee that they have full authority to execute this easement on behalf of Grantor. >
All provisions of this easement, including the benefits and burdens, run with the land, and are
binding upon and shall inure to the benefit of the successors and assigns of the parties hereto.
The parties agree to execute promptly any other documents and to perform promptly any other
acts that may be reasonably required to effectuate the purposes and intent of this easement.
Whenever the transfer of ownership of all or any part of Grantor's Property takes place, the
transferor shall not be liable for the breach, subsequent to such transfer, of any of the covenants
contained herein.
If an action is brought to enforce the provisions of this easement,the prevailing party shall be
entitled to receive its costs, litigation expenses,and reasonable attorneys' fees.
This easement shall terminate if at any time its use is discontinued for three (3) consecutive E
years,provided such discontinuation is both: (a) the result of a deliberate and intentional decision by
Grantee to discontinue and abandon the easement permanently,and(b)not due in whole or in part to
any hurricane, flood, subsidence or natural disaster, or any war or civil emergency, or any repair or �-
replacement of any Facilities or public works within or serving the Easement Area.
E
U
[SIGNATURE PAGES TO FOLLOW]
00246617-0 Page 3 of 5
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IN WITNESS WHEREOF, these Presents have been executed by the Grantor herein, all as of the
day of 0C.l o `— ...�2021.
Signed, Sealed and Delivered in the Presence of:
SH MARINAS 6000, LLC,
Rio ; a Florida limited liability company
Witnessr
Li ct
Printed Name By: SH Marinas Manager, LLC,
a Fl14tta 1�t iitcd lability company, Manager
ff �°'y
U
By:
Wi ss obert A, § otts�wo residcnt U)
JoannaR. >
Printed Name
e1
STATE OF --PLOPUIDA
COUNTY OF H qj,4 ..
m
The foregoing instrument was acknowledged before me, by means of Physical presence
OR ❑ online notarization, this day of October, 2021 by ROBERT A. SPOTTSWOOD, as �
President of SH MARINAS MANAGER, LLC, a Florida limited liability company, as MANAGER of
SH MARINAS 6000, LLC, a Florida limited liability company, Vwho is personally known to ine OR
who has produced as identification, ❑ who did OR 02 did not take an oath.
E
[Notary Seal] Notary Publicu Joanna
VAbon
Printed Name: �-
My Commission Expires:
+ ' No"Public State of Florida4 pill '
t Joanna R.Wilson d
My Commission HH 146M E
Expires 0 412 512 0 2 3
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00246617-v3 Page 4 of 5
Packet Pg.2123
L.1.g
IN WITNESS WIIER, F, he e presents have been executed by the Grantor herein, all as of the
day of iU l" 2021.
Signed, Sealed and Delivered in the presence of:
~� f LEJEUNE AIRPORT PARK SUITES, INC.,
°r a Florida corporation
4
Pr ed Na ' By:
President
Wit ss INC
'f
seaU)
Printed Name >
STATE OF ! __
COUNTY OF
The foregoing instrument was acknowledged before me, by means of ❑ physical presence
OR ❑ online notarization, this day,:�� of October, 2021 by � IA as PRESIDENT r E
of LETEUNE AIRPORT PARK SUITES, INC, a Florida corporatIonaWTI o is per to nzc
OR ❑ who has produced as identification, ❑ who did OR ❑ did not take an
oath.
m
[Notary Seal] to ublic r
m
Printed Name: r - 1r�D
My Commission Exp ,es:
ti 'a AYNA m.CEPEii3 t F�
Notary%bli.-State of Florida
^9' [ommis5ion HH 142045
M,,Comm.Expires Jun 14,2025 a�
�trcet;-r_s:91r Nafianal Notary Assn. �
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a�
a�
00246617-v3 Page 5 of 5
Packet Pg.2124
This instrument was prepared by
and return to after recording:
Jess Miles Goodall
Attorney at.Law
SMITH HAWKS,PL
138 Simonton Street
Key West,FL 33040
GRANT.OF UTILITY EASEMENT
KNOW ALL MEN BY THESE PRESENTS, #hat.SH MARINA 5000, LLC, a Florida
limited liability company and LEJEUNE AIRPORT PARK SUITES, INC., a Florida for-profit
corporation.(collectively; the "Grantor ),.does hereby grant a nonexclusive.easement to the Florida
Keys Aqueduct Authority; its affiliates,licensees, agents, successors, and assigns (hereinafter tailed
"Grantee"), for access,.in, under, over and across the hereinafter described land (the "Easement
Area"},to wit-
0
On the Island of Stock Island in Monroe County; Florida.-
LEGAL DESCRIPTION OF THE TOTAL (COMPI ETE R/W) ROADWAY
FOR ABANDONMENT: y
COMMENCE (POC) AT THE INTERSECTION OF THE EASTERLY RIGHT
OF WAY LINE OF MALONEY AVENUE AND THE SOUTHERLY RIGHT
OF WAY LINE OF PENINSULAR AVENUE THENCE RUN "EAST" ALONG
THE SOUTHERLY RIGHT OF WAY LINE OF PENINSULAR AVENUE FOR
A DISTANCE OF 400 :FEET, TO THE POINT OF BEGINNING (POB).
THENCE CONTINUE EAST ALONG THE SOUTH RIGHT OF WAY LINE
OF PENINSULAR AVENUE. FOR A DISTANCE OF 435.74 FEET, TO A
POINT. THENCE.AT RIGHT ANGLE 570 56' 59" FOR A DISTANCE OF
25.01 FEET, THENCE AT RIGHT ANGLE 2010 12' 27" FOR A DISTANCE
OF 39:50 FEET, TO A POINT BEING ON THE NORTHERLY RIGHT OF
WAY LINE OF SAID PENINSULAR AVENUE THENCE AT RIGHT ANGLE'
1006 50.'34" ALONG THE NORTHERLY RIGHT OF WAY OF PENINSULAR E
AVENUE;"WEST"FGR.A DISTANCE OF 415.03 FEET,THENCE'[SOUTH!'
FOR A DISTANCE OF .60.00 FEET, BACK TO THE POINT OF THE OF LU
BEGINNING(POB).
Together with the right of ingress and egress over property of the Grantor,56 as to afford the
Grantee full-use and enjoyment of this easement, including the right to cut:and trim, from time to
time;trees,brush,over_hanging branches and other natural obstructions on the above-described land,
which may injure or interfere with the use.of the aforesaid easement.
Grantor hereby grants to the Grantee a non-exclusive easement, under, over,across and upon
those portions of the alcove=described property ("Grantor'.s Property"}, in. which.
(i) no improvements exist (other than surface improvements such as. roads or sidewalks), And
(ii) the water distribution facilities presently. exist. Grantee may use other portions of Grantor's
Property,but only with the.prior written consent of Grantor.
Grantee, its. successors and assigns, shall have.only the.right to construct, reconstruct; lay,
install, operate, maintain, relocate, repair, replace,improve, remove;.and inspect water distribution
facilities and.all appurtenances thereto (the "Utility Facilities") and shall have full right of ingress
06199147-v9
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and egress thereto and therefrom in,.over and.across the Easement Area. In the event Grantee,.shall
use commercially reasonable efforts to not interfere.with access to Grantor's Property. Grantee may
at any time:enter upon, use.and occupy other portions of Grantor's.Property;but only to the extent
that Is.necessary for the operation; inspection; maintenance and repair of the Utility Facilities, and
shall not utilize Grantor's Property for any other purpose without Grantor's express written
permission.
Grantor shall furnish and.maintain the.Easement Area free of and clear from.any obstruction
and shall not construct,.place, or allow the.placing or construction of any obstructioni which would
interfere with{i)Grantee's safe or proper installation, operation,maintenance,inspection,or removal
of the Utility Facilities located in the Easement Area or. (ii) any other right granted to Grantee.
Grantor shall have the right to make any other use.of the.Easement Area which does not interfere
with the Grantee's rights.
The Grantor and Grantee hereby .agree that nothing contained herein shall create any
easement or use rights in the general public nor shall this instrument constitute a public dedication )
for any public use.
Any obstruction to the safe or proper operation, maintenance; inspection, or removal of y
Utility Facilities may be removed by the Grantee at Grantor's expense. However, as a condition
precedent to:such removal,Grantee shall first provide notice to Grantor of Grantee's intent and allow
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Grantor reasonable time to either remove the obstruction or provide Grantee`with an alternative
portion.of Grantor's Property for the purpose required,
In exercising its rights hereunder, Grantee shall, to the extent practicable under the
circumstances,minimize disruption;of and interference with Grantor's Property. Without limiting the
foregoing, Grantee;shall provide reasonable prior written notice to Grantor of all.maintenance and
repair activities and,.except for the case of emergencies or other causes beyond Grantee's control,
shall coordinate its activities with Grantor. Grantee shall promptly restore all vegetation and
improvements damaged by its maintenance and repair activities to a condition comparable to that
.which existed-prior to Grantee's activities. Grantee shall indemnify and.hold.Grantor harmless.from
any loss, damage, expense, claim, cost or liability (including attorneys' fees incurred) arising.as a E
result of the presence or activities.of Grantee (including its agents and contractors) upon Grantor's
Property.
Either Grantor or Grantee, in its.discretion and at.its sale expense,may have surveys made of
the location of the Utility Facilities, and.may cause an amendment to this Agreement to be prepared
that accurately reflects the location of any such Utility Facilities. In such event,the other party shall
have the.right to review and approve the survey and form:of.amendment to this.Agreement (which
approval shall not be unreasonably withheld)and both parties shall promptly execute the amendment:
The width of any easement documented by a survey shall be no less than 20 feet wide to allow
.Grantee to utilize heavy equipment, to the extent actually required, in connection with its
maintenance, repair, removal. and replacement activities. Any amendment to this Agreement
prepared pursuant to this paragraph shall be in recordable farm and shall. be effective upon
recordation in the Official Records of Monroe County, Florida.. Any such amendment may address
either all or limited portions.of Grantor's Property,in which case,the amendment may also identify
such portions of Grantor's.Property to which this Agreement and the Easements created hereby, no
longer burden or affect.
OOi s91ar-v9 page 2 of 6
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Grantee understands that Grantor may seek to redevelop the Easement Area. Grantor shall
bear all costs.of any nature (including all internal.costs of Grantee) of any relocation or modification
of any Utility. Facilities owned and/or operated by Grantee, including the cost of removal of any
utility relocated or modified,. when such relocation or modification is necessitated by Grantee's
redevelopment of the Easement Area or other property, Grantor's requirements, or those
requirements of any utility other than Grantee. Grantor may require payment of its.expected costs, if
any,in advance;but Grantor will.pay any and all sums due to Grantee pursuant to:this easement upon.
request. Further, Grantor acknowledges and agrees that .any work relating. to the relocation or
modification of any Utility Facilities will be performed in accordance with Grantee's requirements
and all requirements of any applicable code or law, as may be amended from time to time.
All covenants, stipulations, terms, conditions, and provisions of this agreement shall extend.
to and be made binding upon respective successors and assigns of Grantee and Grantor. It is y
intended that .this agreement shall be recorded .and be binding upon future owners of Grantor's
Property.
W
Grantor represents and warrants to Grantee that (i) it is the sole owner of the real property >
described in this easement, 0]).it has the full right and authority to grant.this casement to Grantee,
(iii) that execution and.delivery. of this easement has been authorized by all necessary company y
actions of Grantor, and (iv). the real property.described in.this easement is not subject to any
mortgage or other encumbrance and no consent .or.approval is required of.any party to make thisCL
�
easement effective. Further,the individual executing:this easement%on behalf of Grantor.personally
represents and warrants to Grantee.that they have full authority to execute this easement on behalf of
Grantor,
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All provisions.of this easement,including the benefits and burdens, run.with the.land,and are
binding upon and shall inure to the benefit of the successors and assigns of the parties hereto..
The parties agree. to execute .promptly:any other.documents and to perform promptly any
other acts that may be reasonably required to effectuate the:purposes and intent of this easement.
Whenever.the transfer of ownership of all or any part.of Grantor's Property takes place, the E
transferor shall not be liable for the breach, subsequent to such transfer, of any of the covenants
contained herein.. LU
If an action is brought to enforce the provisions of this easement,the prevailing party shall be:
entitled to receive its costs,litigation expenses,and reasonable attorneys' fees.
This easement shall terminate if at any time its use is discontinued for three (3) consecutiye
years,provided such discontinuation is both: (a) the result of a-deliberate and intentional decision by
Grantee to discontinue and abandon the easement permanently, and(b).not due in whole or in part to
any hurricane, flood, subsidence or.naturai disaster, or any war or civil emergency, or any repair or
replacement of any Facili&5 or public works within or serving the Easement Area.
[SIGNATURE PAGES.TO FULLUWI
60180147:v9 page.3 of$
Packet Pg. 2127
IN WITNESS WHEREOF, these presents have been executed by the Grantor herein, all as of the
day of � ,202 1.
Signed, Scaled and Delivered in the presence of:
SH MARINAS 6000, LLC,
g. a Florida limited liability company
Witness
Printed blame Tay: SH Marit s Manager, LLC,
a F, tda 10-nited lia ility company, Manager
Hy, a
ss jowna: SIB ti �voo� President
R. �
Printed Dante
STATE OFCL
COUNTY OF K0
,t�gQE, _...
Tito foregoing instrument was acknowledged before me. by means of physical presence
OR 0 online notarization, this day ..,. of October, 2021 by ROB RT A. SPOTT WOOD, as
President of SH MARINAS MANAGER, LLC, a Florida limited liability company. as MANAGER of
SH MARINAS 6000, LLC, a Florida limited liability company, who is personally known to me CAR
who has produced as identification.. 0 who slid OR who did no( take an
oath,
991 l`lotary Pub ��-
Nctarr P
Printed Name:
My Ccantntssstot l xsres: f
0
00149/47-0 Page 4 o l'G
Packet Pg. 2128
IN WETNEySS V1rHEREON, these presents have been executed by the Grantor herein, all as of the
day of , 2021.
Signed, Seated and Delivered in the presence of;
r
LEJEUNE AIRPORT" PARK SUITES. INC.
�- -- a Florida for-profit corporation
J1A
Print, -amc/ By:
President
witness
Printed.fume - >
STATE CE M
COUNTY CI CL
F
The foregoing instrument was acknowleducd before nape, by means of 0 physical presence �
OR 0 online notarization, this day cal'f}c tobcr, f)?1 6y . ' I�h� as PRESIDENT
ENT
of LE,IEUNE AIRPORT PARK SUITES, INC., a Florida for-pro�it Qrj)oration,(� ' o is personally
known to nee OR 0who has produced -- as identification, 0 who did OR 0 who
did not take an oath.
e r
[Notary Scall No ary=Pti C
(�y rr E
Prnitc at73e; j r {I
My Commission I xpjt�es: � �� t
AVMA M.C£ RES l D i
r q seta Y Putt -state of 14OF44
Ummislion 4 HR 14204$
r2 Comte.£gIrli iu+s 14.2025
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00189147-0 Pau o 6
Packet Pg. 2129
IN WITNESS THERE, F, the Grantee has hereunto set its hared and seal this day
of ? 2021.
FLORIDA KEYS AQUEDUCT
CT
AUTHORITY, a Florida governmental
authority
�. By:
y
;itness Name: Printed Flame:
0
Title;Pik�d
AOL
Witness Name: �
STATE OF i
COUNTY OF r
The foregoing instrument was acknowledged before me, by means of physical presence
OR 0 online notarization, this day of 2021 by K .5j,j as
lein , of FLORIDA KEYS AQUEDUCT AUTHORITY, a Florida governmental authority, y
13'who is personally known to me OR. 0 who has produced as identification, LU
11 who did OR 0 who did not take an oath.
[Notary Seal] Notary Public �
Printed.Name: �
My Commission Expires: to
, Aazs-
0018 147-v9 Page 6 of
Packet Pg. 2130
L.1.i
This instrument was prepared by
and return to after recording:
Jess Miles Goodall
Attorney at Law
SMITH HAWKS, PL
138 Simonton Street
Key West, FL 33040
GRANT OF UTILITY EASEMENT �+
THIS GRANT OF EASEMENT is entered into this day of ,2021 (the
"Agreement'),by and between SH MARINAS 6000,LLC,a Florida limited liability company and
LEJEUNE AIRPORT PARK SUITES,INC.,a Florida for-profit corporation(collectively,the
"Grantor"),and KW RESORT UTILITIES CORP.,a Florida corporation(herein referred to as
"KWRU"or"Grantee").
WHEREAS,Grantor is the owner of certain real property located in Monroe County,Florida,
which property is described in Exhibit"A"and Exhibit"B"attached hereto and incorporated herein(the
'Property");and 0
WHEREAS,KWRU owns certain collection and transmission facilities located upon and under
the Property(the"Infrastructure"); and
WHEREAS,Grantor is pursuing the redevelopment of a portion of the Property as a site for W
Destination Hotel Resort and,as part of such development,may undertake relocation of certain portions
of the Infrastructure to accommodate the redevelopment; and E
WHEREAS,the parties desire to enter into this Agreement in order to provide KWRU a non-
exclusive perpetual easement over,in,under,and across the Easement Area,together with a reasonable
right of ingress and egress over said Easement Area;and
WHEREAS,the parties have agreed,under the terms and conditions set forth herein,to allow the
relocation of said Infrastructure,at the sole expense of Grantor,should same be necessary and desirable to
accommodate the proposed redevelopment.
NOW,THEREFORE,in consideration of the mutual covenants and obligations contained herein,
and for other good and valuable consideration,the receipt and sufficiency of which are hereby
acknowledged,Grantor and KWRU hereby agree as follows:
Grantor hereby grants to KWRU an easement under,over,across and upon the following
described property(the"Easement Area"):
On the Island of Stock Island in Monroe County,Florida:
00246911-v2 1
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LEGAL DESCRIPTION OF THE TOTAL (COMPLETE R/W) ROADWAY FOR
ABANDONMENT:
COMMENCE(POC)AT THE INTERSECTION OF THE EASTERLY RIGHT OF WAY
LINE OF MALONEY AVENUE AND THE SOUTHERLY RIGHT OF WAY LINE OF
PENINSULAR AVENUE THENCE RUN"EAST"ALONG THE SOUTHERLY RIGHT
OF WAY LINE OF PENINSULAR AVENUE FOR A DISTANCE OF 400 FEET, TO
THE POINT OF BEGINNING (POB). THENCE CONTINUE EAST ALONG THE
SOUTH RIGHT OF WAY LINE OF PENINSULAR AVENUE FOR A DISTANCE OF
435.74 FEET, TO A POINT. THENCE AT RIGHT ANGLE 57° 56' 59" FOR A
DISTANCE OF 25.01 FEET, THENCE AT RIGHT ANGLE 201° 12' 27" FOR A
DISTANCE OF 39.50 FEET,TO A POINT BEING ON THE NORTHERLY RIGHT OF A
WAY LINE OF SAID PENINSULAR AVENUE THENCE AT RIGHT ANGLE 1000 50'
34" ALONG THE NORTHERLY RIGHT OF WAY OF PENINSULAR AVENUE,
"WEST"FOR A DISTANCE OF 415.03 FEET,THENCE"SOUTH"FOR A DISTANCE
OF 60.00 FEET,BACK TO THE POINT OF THE OF BEGINNING(POB).
1. KWRU, its successors and assigns, shall have the right to construct, reconstruct, lay, install, y
operate,maintain,relocate,repair,replace,improve,remove,and inspect the Infrastructure and all
appurtenances thereto, and shall have full right of ingress and egress thereto and therefrom over
and across the Easement Area. Notwithstanding the foregoing,however,no existing improvement
shall be disturbed or removed,nor shall KWRU interfere with any other utility.
2. Grantor shall furnish and maintain the Easement Area free of and clear from any obstruction and
shall not construct, place, or allow the placing or construction of any obstruction which would
interfere with KWRU's safe or proper installation, operation,maintenance, inspection,or removal a,
of the Infrastructures, and all the appurtenances thereto located in the Easement Area, including
any and all subsurface, aerial electrical utility service connections and subterranean components.
Notwithstanding the foregoing, if Grantor determines that relocation of any portion of the
Infrastructure from the Easement Area to public right-of-way is necessary or desirable to
accommodate redevelopment of the Easement Area, KWRU shall not unreasonably withhold,
condition, or delay consent to such relocation and shall, as soon as reasonably practicable,
undertake relocation of the Infrastructure to the public right-of-way, with Grantor solely and
exclusively bearing the reasonable expense of any such relocation.For purposes of determining the
00246911-v2 2
Packet Pg. 2132
L.1.i
reasonableness of such expenses, Grantor and KWRU agree that the following expenses are
explicitly deemed to be reasonable: (i) Costs and fees of any consultants, engineers, or design
professionals reasonably necessary to engineer, design, or install such relocated Infrastructure,
including costs for the time of KWRU employees at their normal rates;(ii)Costs for any contractors
or sub-contractors which KWRU reasonably deems necessary to undertake the relocation, which
contractors or sub-contractors KWRU determines to be appropriately skilled, qualified, and
experienced in AIRVAC vacuum construction of vacuum mains and vacuum pit installation,with
e
0
KWRU expressly authorized to engage and utilize contractors or sub-contractors which have direct ¢'
experience in installing Infrastructure of the type contemplated; (iii) The cost of obtaining multi-
year warranties of Infrastructure/installation work in reasonable accordance with wastewater y
industry standards, including but not limited to warranties related to workmanship and materialCL
defects, non-conformance with contract requirements and specifications or applicable laws, with
KWRU listed as beneficiary under such warranties; (iv) The cost of any KWRU employees or
designees reasonably necessary to supervise and coordinate the activities of contractors and sub-
contractors undertaking the relocation of the Infrastructure;and(v)Any fees,costs,or charges duly
required by any applicable governmental entity or utility necessary to execute the relocation of the
Infrastructure, including but not limited to permitting fees, impact fees, and expenses related to 0)
road closures during construction. Grantor shall indemnify and hold KWRU harmless from any
and all costs and expenses incurred by KWRU which do not arise as a result of KWRU's or its
agents intentional, negligent, or grossly negligent acts related to relocation of the Infrastructure.
KWRU may require reasonable assurances from Grantor that existing Infrastructure will be/is
properly protected and accessible for operation and maintenance until such time as the relocated
Infrastructure is fully operational and fulfilling its intended purpose, and the Infrastructure in
existence in the Easement Area at the time KWRU undertakes such Infrastructure relocation has
been decommissioned and has been approved for abandonment by KWRU.
00246911-v2 3
Packet Pg. 2133
L.1.i
3. Grantor shall have the right to make any other use of the Easement Area which does not interfere
with KWRU's rights.
4. Any obstruction to the safe or proper operation, maintenance, inspection, or removal of the
Infrastructure,and all appurtenances thereto may be removed by KWRU upon notice to Grantor.
5. Grantor shall bear the cost of any relocation or modification of said facilities when the change is
necessitated by Grantor's requirements or those of any utility other than KWRU.
6. KWRU shall indemnify and hold Grantor harmless from any loss,claim,expense,action,liability, v,
or damage for the negligent acts and omissions of its officers,employees,agents,contractors,and
sub-contractors upon the Property. >
7. All covenants,stipulations,terms,conditions,and provisions of this Agreement shall extend to and
be made binding upon respective successors and assigns of KWRU and Grantor. It is intended that
CL
this Agreement shall be recorded and be binding upon future owners of the above-described
property and the KWRU,and all successors thereto.
0
8. The Grantor does hereby warrant it has full power of authority to grant this easement.
9. This Agreement shall be governed by and interpreted under the laws of the State of Florida,
notwithstanding any choice of law principles.Any litigation brought on the basis of this agreement
shall be brought and held in Key West,Monroe County,Florida. E
10. In the event of litigation between the parties, their successors and/or assigns, arising out of or LU
relating to this Agreement, the prevailing party shall be entitled to recover all costs incurred and
reasonable attorney's fees,including attorney's fees incurred in any appeals.
11. This Agreement sets forth all of the covenants and understandings between Grantor and KWRU.
No subsequent alteration,amendment,change or addition to this agreement shall be binding upon
either party unless reduced to writing and duly executed by both parties.
[Signature Pages to Follow.]
00246911-Q 4
Packet Pg. 2134
L.1.i
IN WITNESS WHEREOF, these presents have been executed by the Grantor herein, all as of the
day of p Te,i'--tz ,2021.
Signed, Sealed and Delivered in the presence of:
SH MARINAS 60 ,LLC,
a Florida limited liability company
Witness y
Printed Name y: SH Marinas Alana er, .,LC,
a Flo�idi"1'mit d liabil .°company,Manager
eFf� ) ti
By:
Wiln ss: Rol C `A. Spott'°.o ;d„ resident
Jy
_.. _.�——.... .. Y.
Printed Name ��. L
STATE 1 C`)
COUNTY O
0
The foregoing instrument was acknowledged before me, by means of Vphysical presence
OR ❑ online notarization, this day 5' of October, 2021 by ROBERT A. SPOTTSWOOD, as
President of SH MARINAS MANAGER, LLC, a Florida limited liability company, as MANAGER of
MARINASSH 6000,LLC, a Florida limited liability company, who is personall known to e O
who has produced as identification, ❑ who did O who did not take an
oath. y
Lu
[Notary Seal] Notary Publ,c SJoannaILVAbw
x _
Printed Name:
f J Notaryna tv 00 a y Commission Expires: 1
® on
mi 1 —.
Ex 23
00246911-v2 5
Packet Pg. 2135
L.1.i
IN WITNESS WHEREO , tlwsc presents have been executed by the Grantor herein, all as of the
... _._.__. day of 2(` 2021.
Signed, Sealed and Delivered in the presence of:
f,
LEJEUNE AIRPORT PARK SUITES,INC.
a Florida for-profit corporation
�w ,ness'
1,�rinted Nan7i'c By: _ .... a wm.M u a
President -
Witness
Printed Name
4
STATE OF -} Cl t '
COUNTY OF (1f
The foregoing instrument was acknowledged before me, by means of ❑ physical presence E
OR ❑ online notarization, this day JV of October, 2021 b m CIA, PRESIDENT
of LEJE E AIRPORT PARK SUITES, INC., a Florida for-pro cargo a ron, who is ersonallk
known to me OR ❑ who has produced as identification, ❑p who did OR ❑
who did not take an oath.
o=
[Notary Seal] blic ,
Printed'"�ame k -
„� eet+ax cEaeao My Commission Eoires. 4 �
'' f Cemrititkn i Hk fa2045 i
`:r�,,P' My Comm.Expires Jun 14,2025 ` �
&r:iC.hrWYh Ni l NOU7 Aitn.
y _
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00246911-Q 6
Packet Pg. 2136
L.1.i
IN WITNESS WHEREOF, these presents have been executed by the Grantee herein, all as of the
day of ,Vo v r 2021,
Signed, Sealed and Delivered in the presence of
KW RESORT UTILITIES CORP.,
a Florida corporation
Printed Name y °
Name: li lr i j LL&, i t-'J,
Title: f 2 n+
>
W�tn
Printed Name
CL
STATE OF
COUNTYOF �-j'R
0
The foregoing instrument was acknowledged before me, by means of physical presence
OR ❑ online notarization, this day of , 2011 by r; • e A , as
tgQ> of KW Resort Utilities Corp.,a Florida corporation,JWwho is personally known
to me OR ❑ who has produced as identification, ❑ who did OR ❑ who did
not take an oath.
[Notary Seal] Notary Public ..
Printed Name:
My Commission Expires.
�""`"� JUDI LYNN IItIZARRY
MY COMMISSION#GG311613 E
'�.��` EXPIltES:March 22,2023 �
00246911-v2 7
Packet Pg. 2137
L.1.j
This instrument was prepared by
and return to after recording:
Jess Miles Goodall
Attorney at Law
SMITH HAWKS,PL
138 Simonton Street
Key West,FL 33040
FIRE DEPARTMENT ACCESS AND EMERGENCY USE EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that SH MARINAS 6000, LLC, a Florida
limited liability company and LEJEUNE AIRPORT PARK SUITES, INC., a Florida for-profit
corporation (Collectively, the "Grantor"), does hereby grant a nonexclusive easement to the Monroe
County Fire Department, its affiliates, licensees, agents, successors, and assigns (hereinafter called
"Grantee"), for fire department access and emergency use, in, under, over and across the hereinafter
described land(the"Easement Area"),to wit: ua
On the Island of Stock Island in Monroe County,Florida:
LEGAL DESCRIPTION OF THE TOTAL (COMPLETE R/W) ROADWAY
FOR ABANDONMENT:
COMMENCE (POC) AT THE INTERSECTION OF THE EASTERLY RIGHT
OF WAY LINE OF MALONEY AVENUE AND THE SOUTHERLY RIGHT
OF WAY LINE OF PENINSULAR AVENUE THENCE RUN "EAST" ALONG
THE SOUTHERLY RIGHT OF WAY LINE OF PENINSULAR AVENUE FOR
A DISTANCE OF 400 FEET, TO THE POINT OF BEGINNING (POB).
THENCE CONTINUE EAST ALONG THE SOUTH RIGHT OF WAY LINE
OF PENINSULAR AVENUE FOR A DISTANCE OF 435.74 FEET, TO A
POINT. THENCE AT RIGHT ANGLE 570 56' 59" FOR A DISTANCE OF
25.01 FEET, THENCE AT RIGHT ANGLE 201° 12' 27" FOR A DISTANCE
OF 39.50 FEET, TO A POINT BEING ON THE NORTHERLY RIGHT OF
WAY LINE OF SAID PENINSULAR AVENUE THENCE AT RIGHT ANGLE
1000 50' 34"ALONG THE NORTHERLY RIGHT OF WAY OF PENINSULAR
AVENUE, "WEST" FOR A DISTANCE OF 415.03 FEET, THENCE "SOUTH" 2-
FOR A DISTANCE OF 60.00 FEET, BACK TO THE POINT OF THE OF
BEGINNING(POB).
Together with the right of ingress and egress over property of the Grantor, so as to afford the
Grantee full use and enjoyment of this easement, including the right to cut and trim, from time to
time,trees, brush, over-hanging branches and other natural obstructions on the above-described land,
which may injure or interfere with the use of the aforesaid easement.
Grantor hereby grants a non-exclusive fire department access and emergency use easement to
the Grantee, its affiliates, licensees, agents, successors, and assigns, to include emergency medical
services, law enforcement officers, fire and EMS for unimpeded access in,under, over and across the
described land in the event of an emergency. Grantor acknowledges that Grantee shall, in the event
of a fire emergency, have full access to the easement area in whatever capacity is necessary to fully
address the emergency.
00188690-v4
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The parties hereby agree that nothing contained herein shall create any easement or use rights
in the general public nor shall this instrument constitute a public dedication for any public use.
Grantor represents and warrants to Grantee that (a) it is the sole owner of the real property
described in this easement, (b) it has the full right and authority to grant this easement to Grantee, (c)
that execution and delivery of this easement has been authorized by all necessary company actions of
Grantor, and (d)the real property described in this easement is not subject to any mortgage or other
encumbrance and no consent or approval is required of any party to make this easement effective.
Further, the individual executing this easement on behalf of Grantor personally represents and
warrants to Grantee that they have full authority to execute this easement on behalf of Grantor.
Grantee understands that Grantor may seek to redevelop the easement area. Grantor shall :
bear all costs of any nature (including all internal costs of Grantee) of any relocation or modification
of any utility facilities owned and/or operated by Grantee, including the cost of removal of any utility U)
relocated or modified, when such relocation or modification is necessitated by Grantee's
redevelopment of the easement area or other property, grantor's requirements, or those requirements
of any utility other than Grantee. Grantor may require payment of its expected costs, if any, in
advance, but Grantor will pay any and all sums due to Grantee pursuant to this easement upon
request. Further, Grantor acknowledges and agrees that any work relating to the relocation or
modification of any utility facility will be performed in accordance with Grantee's requirements and
all requirements of any applicable code or law,as may be amended from time to time.
This easement shall terminate if at any time its use is discontinued for three (3) consecutive E
years,provided such discontinuation is both: (a) the result of a deliberate and intentional decision by
Grantee to discontinue and abandon the easement permanently,and(b)not due in whole or in part to
any hurricane, flood, subsidence or natural disaster, or any war or civil emergency, or any repair or
replacement of any Facilities or public works within or serving the Easement Area.
[SIGNATURE PAGES TO FOLLOW]
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IN WITNESS WHEREOF, these presents Have been executed by the Grantor herein, all as of the
day of 202 L
Signed, Sealed and Delivered in the presence of:
SH MARINAS 6000, LLC,
('.. �vtm�P ;rc, a Florida limited liability company
Witness
Printed Name By: SH Marivas-M- nager, LLC,
a llPricia limitq liabilitynpany, Manager A
By ,
Wit s „.. m
Jinn .V4i1 Rohr f A. Spottsc�o resident >
Printed Name
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STATE OF zFL p.t
COUNTY OF MO _
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The foregoing instrument was acknowledged before me, by means of physical presence
OR ❑ online notarization, this day. of October, 2021 by ROBERT A. SPOTTSWOOD, as
President of SH MARINAS MANAGER, LI.C, a Florida limited h•bility company, as MANAGER of
SH MARINAS 6000, LLC, a Florida Iimited liability company, [ who is personally known to me OR
❑ who has produced _ as identification, ❑ who did OR M who did not take an
oath.
�s
[Notary Seal] Notary Publi
Printed Name:
c�
. ' Notary Public State of Fkxida
Joanna R.Wilson My Commission Expires: OLA . } n
My Commission HH 140
or Expires 04/25nO23
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IN WITNESS WHEREOF th se presents have been executed by the Grantor herein, all as of the
dayof - : 2021.
Signed, Sealed and Delivered in the presence of:
LEJEUNII AIRPORT DARK SUITES, INC.
t a Florida i`or-profit corporation
Printcial By:
/ 't ia, President V)
INC
a
Witnes 1 ug
Printed amc
�s
STATE OF�
COUNTY OF O
The foregoing instrument was acknowledged before me, by means of Elphysical presence r_
OR ❑ online notarization, this day ,L of Octobcr, 2021 by dtaon as PRESIDENT
of LEJEUNE AIRPORT PARK SUITES, INC., a Floridaida corpora '� ho is personally known to
me OR ❑ who has produced as identification, ❑ who did OR ❑ who did not
take an oath.
t' W
[Notary Scab ry Public /
Printed Name.
l ERO- My Commission Exp»9s: LL
Av N,CEP
:a^vPJt'll-i2:: df9 lda
COO li Cn =6,N 142045
Ay Ceram.Ex;T ss_�_�1A,2025
?cnded trMLgh Na`sr a.scurry Assn.
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Return to:
Monroe County
Monroe County Planning& Environmental 12esources
2798 Overseas Highway, Suite Mott
Marathon,F 1,3_1050
Prepared by:
Space Above This twine For Recordin-- -----------------------
RIGHT-OF-WAY ABANDONMENT AGREEMENT FOR TURNAROUND
CONSTRUCTION U
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SH MARINAS b000, LLC
This Agreement entered into this day cif . '?0 t by >
PETITIONER PROPERTY OWNER (liereitlafter " P1;"1"lr1'10NER"),
WHEREAS,: Monroe County Code (hereinafter"Code") Section 19-1 authorizes, in V)
certain circumstances, abandonment of a County right-of'-way- and
WHEREAS, Code Section 19-1 provides that such right-of-ways abandonments must �
comply with all applicable Code requirements for road, turn-around, and fire-rescue access; and
a
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WHEREAS, Cade Section 1 1d-97(I)(16) provides as follows: "bead-en(l r-ncrds, �
cles fined tea be so perrn(rnently, shall be pi-crvicied at the closed end wish a lurnarauwl having an
outside roadway diameter cif at least 70 feet, and a roadl)raj)ert.V line zliameler crf�at least 100
feat, or inch.,be ra�ricled with a "T"tylre trrrnarauu l as rnav be alrlarovedlaer ':Standard 0
.S;trecifications and Details 01'.,1'lcnar,rre C'crt n.v"bY,the elel)artment cifplanning. and
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WHEREAS, Monroe County ,,finds the PETITIONER must construct a T-turnaround in E
accordance with the Public 11'en-ks 1lcrntrcrl.Standrrr-cl Sjrec-flicatio)7 and Det(ils c l',,Vl nroe C'rrzrnly,
Division (inclusive gf'Road Sl)ecrflcation section ,fro?) and T-Tarn uj-ouncl Detail R 5. at the end
Q North-Easterly portion of Peninsular Avenue (ins'ert, in legible l)rint, name Cif subfect right-ql- �
_ ____...
ivaO"; and
WHEREAS, the PETITIONER hereby covenants with the County, by this duly executed
and recorded Agreement, that all construction and development of'such l"-type turnaround shall
be the sole responsibility ofthe PETITIONER-, and
NOW, THEREFORE, f'or and in consideration ofthe sure ofTEN and 00/100 DOLLARS
( 1 ff.00), and as an inducement to the County for the approval of this Agreement, together with.
other good and valuable consideration. the adequacy and receipt of which are hereby
acknowledged and attested to by all parties hereto, the PETITIONI?R agrees and covenants as
follows:
1. The fore-oiner recitals are true and correct and are hereby incorporated as if fully stated
herein; and
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2. The PETITIONER desires to construct such a T-type turnaround pursuant to the aforesaid
Code provision(s), at that certain below-described real property:
Parcel(s)/Lot(s): 5,6, and 7 Block: 61
Subdivision: George L. McDonald
Key: Stock Island Plat Book: 1 Page: 55
Approximate Mile Marker: 5
Real Estate Number(s): 00127480-000000 ; and
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3. The PETITIONER agrees to construct said T-type turnaround in accordance with Public
Works Manual Standard Specifications and Details of Monroe County Division (, inclusive >
oji B-2 and R-5,as attached in Exhibit" A "The PETITIONER shall install said T-type
turnaround in accordance with the terms of the right-of-way permit issued by the Monroe y
County Engineering Department and shall submit the proposed location(s)/site(s)of such
turnaround as part of its the right-of-way permit application, which shall be subject to a
compliance and sufficiency review by the County separate and apart from the
authorization(s) conferred pursuant to this Agreement; and
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4. All notices, consents, approvals,or other communications to the County hereunder shall be
in writing and shall be deemed properly served if sent by U.S. Postal Service Certified Mail,
return receipt requested, in the following form and address:
Monroe County Planning& Environmental Resources W
Attn: Planning Director
2798 Overseas Highway, Suite 400Marathon, FL 33050
5. Any and all construction(s)or interpretation(s)of the Monroe County Code shall be
deferred in favor of the County and such construction and interpretation shall be entitled to
great weight on trial and on appeal;and
6. RECORDATION. The PETITIONER hereby agrees to and shall, once executed by both
parties, record this Agreement with the Monroe County Clerk of Court and in the Public
Records of Monroe County at the same time as the road abandonment is recorded,and shall
solely pay any and all costs associated with such recordation; and
7. AMENDMENT OR MODIFICATION.No amendment(s)or modification(s)to this
Agreement is/are effective unless the County agrees, consents, and joints in writing thereto.
The undersigned PETITIONER shall record any such amendment(s) or modification(s)to
this Agreement, and shall solely pay any and all costs and expenses associated with the
recordation of any such amendment(s) and modification(s); and
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8. LIMITATION OF LIABILITY.The PETITIONER hereby expressly waives its rights to a
jury trial and any rights it may have to bring a claim against the County for personal damage
or injury, or damage or injury to property,that is allegedly caused by the negligent action or
inaction of the County or an employee or agent of the County arising from or caused by the
County's authorization(s), activity(ies), or inactivity related to this Agreement, further holds
the County harmless from the claims of all persons for action(s), inaction(s),activity(ies),
damage(s), expense(s), and loss(es)occurring on the above-described property and
location(s)/site(s)therein,and the PETITIONER shall be solely responsible and liable for
and to any and all parties who engage in or otherwise perform work relating to said
construction/development of the above-described and below-described T-turnaround, and the
County shall in no way be either responsible or liable for any injury caused by the tools, y
materials,or equipment used by the PETITIONER, its employees or agents, or used by the
PETITIONER's Contractor(s), or its employees or agents; and
9. INDEMNIFICATION. The PETITIONER hereby agrees to indemnify and defend the >
County and its commissioners, officers, employees,and agents, from any and all claims for
bodily injury (including death),personal injury, and property damage(including property y
owned by or property interest(s)held by Monroe County)and any other losses, damages,
and expenses(including attorney's fees), arising from any injury or damage in connection
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with this Agreement; and
10. PAYMENT. The PETITIONER is and shall be solely responsible for all costs incurred in
the carrying out of such the T-type turnaround project construction/development. It is
hereby understood by the parties that the County shall incur no cost for or in relation to such
project construction/development. It is further hereby understood that there are no third-
party beneficiaries to this Agreement,and that no Contractor or Sub-Contractor,or any
other person or entity, shall look to County for payment related to such project W
construction/development; and
11. COMPLIANCE WITH LAWS. The PETITIONER shall comply with all Articles of
Incorporation, Bylaws, laws, ordinances, and governmental rules and regulations that apply
to this Agreement and to its activities on and at the above-described real property
locations)/site(s).The PETITIONER shall obtain all necessary permits, approvals,
inspections,and authorization as may be required by such Articles of Incorporation, Bylaws,
and local, state,and federal governments and agencies; and
12. JURISDICTION AND VENUE.This Agreement shall be governed by and construed in
accordance with the Laws of the State of Florida and the United States. Exclusive venue for
any dispute arising under this Agreement shall be in the Sixteenth Judicial Circuit in and for
Monroe County, Florida. This Agreement shall not be subject to arbitration. If the County
brings an action to enforce the provisions,restrictions, or terms contained herein and
prevails in any such action, on trial or appeal,the County shall be entitled to reasonable
attorney's fees to be paid by the losing party(ies), at figures fixed by the court,as well as the
reasonable cost(s)of restoring such land to the natural vegetative and hydrologic condition
existing at the time of execution and recordation of this Agreement. These remedies are in
addition to any other remedy, fine, or penalty which may be applicable under Chapter 162,
373, and 403, Florida Statutes, and any other action at law or in equity; and
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13. TERMINATION/REVOCATION OF RIGHT OF WAY ABANDONMENT. The
PETITIONER hereby agrees to have plans complete and obtain a right of way permit for
construction of such T-type turnaround in accordance with the requirements contained in the
Public Works Manual Standard Specifications and Details of Monroe County within one-
hundred eighty (180)days of the effective date of the County's approval of the
corresponding petition for right-of-way abandonment. If the PETITIONER fails to so
construct such T-type turnaround in accordance with the Public Works Manual Standard
Specifications and Details of Monroe County Division(, inclusive o)9 B-2 and R-S,or fails to
so construct such T-type turnaround within one hundred eighty days after issuance of the
right of way permit, said previously abandoned right-of-way shall immediately revert back
to the County. Nothing contained herein shall be construed to prohibit, limit, or otherwise
restrict the County's authority to terminate this Agreement, a duly approved right-of-way
abandonment petition, a right-of-way permit,or any other permit(s),approval(s), or U)
inspection(s)corresponding to this Agreement or its corresponding right-of-way >
abandonment petition, pursuant to applicable provisions of the Monroe County Code and/or
the permit(s)applied for or issued pursuant to this Agreement; and
14.ENFORCEMENT. In the event of any breach or violation of the restrictions or terms
contained herein,the County shall,without liability to the County, have the right to
unilaterally and without notice terminate this Agreement, and to proceed at law or in equity
as may be necessary to enforce compliance with the restrictions or terms hereof, and to
otherwise prevent the breach or violation of any of them,to collect damages,and may
enforce this Agreement by emergency, preliminary, and permanent injunction, including ex
parte action and motion for such injunction(s), it being agreed that the County would have
no adequate remedy at law, or such other legal method as the County deems appropriate.
Uncured breach of violation of this Agreement by the PETITIONER shall, without any �-
additional notice beyond this Agreement's recordation, entitle the County to immediately
suspend and/or rescind, without liability to the County,development applications and E
pending permits, approvals,or inspections relating to this Agreement, except for those
permits, approvals, or inspections necessary to cure such breach or violation. The
PETITIONER hereby agrees to and shall pay for all costs associated with the County's
enforcement action(s). Such County enforcement shall be at the County's discretion. Failure r
of the PETITIONER to comply with or perform any act required by or under this
Agreement shall not impair the validity of this Agreement, and County delay or failure to
enforce, however long continued, shall not be deemed a waiver or estoppel of the right to do
so thereafter as to any such violation or breach; and U
15.AUTHORIZED SIGNATORY. The signatory for the PETITIONER, below, certifies and
warrants that:
(a) The PETITIONER's name as set forth in this Agreement is its full and correct
legal name(if an entity, as designated in its corporate charter and as formally
registered with the State).
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(b) "Mlle individual(s) executing this Agreement is/are duly authorized to so act and execute
such Agreement on behall'of the PE`"I`I`IONER.
(c) As applicable,. this Agreement has been dtrly approved by the PIE"rITIONER's Board of
Directors and/or members, consistent with and compliant with the 11 TITIONER's
Articles of Incorporation, Bylaws, and all local, state, and federal law(s),
(d) Furthermore, as applicable, the PETITIONER shall,. upon execution of this Aoreement,
provide copies of a list of its current Board of Directors and/or rnanaoers, a properly
executed and notarized corporate resolution approving this Agree►rent, a copy of its
current Articles of Incorporation, and. if PETITIONER has or is otherwise subject to
Bylaws, a copy of such current Bylaws.
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16. SEVEI"BILITY, If any condition, provision, reservation, restriction, right, or term of this
Agreement is held to be invalid or unenforceable by any court of•cornpetent jurisdiction, the >
invalidity or unenforceability of such condition, provision, reservation, restriction, right, or
term shall neither linlit not- impair the operation, enforceability, or validity ofany other 75
condition(s), provision(s), reservation(s), restriction(s) right(s), or terms) thereof. All such
other condition(s), provision(s). reservation(s), restriction(s). ri<ght(s). and term(s) shall
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continue unimpaired in full force and effect; and
17. PARAGRAPH HEADINGS. Paragraph headings, where used herein, are inserted for
convenience only and are not intended to descriptively limit the scope and intent ofthe
particular-paragraph to vvhich they refer; and
18. EFFECTIVE DATE. This Agreement constitutes the entire Agreement and any
representation Or understanding of any kind preceding the date of this Agreement's W
execution or recordation is not binding on the County or the PETITIONER except to the
extent it has been incorporated into this Asti=recment. This Agreement shall become effective �
upon recordation in the Public Records of Monroe Count),.
19. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement
shall bind and inure to the benefit of the County and the 111 TITIONER and their respective
legal representatives, successors. and assigns, I lowever, this Agreement shall not be
conveyed, assigned, or otherwise transferred from the PETITIONER, Any such transfer
requires County approval, and any such transfer absent County approval shall immediately
render this Agreement void ab initio; and
This Agreement is made in reliance upon information, representations,and documents provided by the
PETITION R(S). If,at some later date,Monroe County determines that such information, representations,
and/or documents contained false or misleading;information material to the County's consideration and
assent to this Agreement,the County reserves the right,in its discretion,to revoke such consideration and
assent and to rescind this Agreement and to pursue all remedies at law and equity,for injuries to the County
caused by the submission of such false or misleading material information.
21
EXECUTED ON TMS ` day of ?()
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WITNESSES PETITIONER(S)
Witness No. I (Print Narne) ( Peti onev'No. l (Print/rkName)
Witness No. l (Signature) 1eti6(6xr N5 I (Signature)
ROBERT A. SPOTTSWOOD (
Hess No. 2 (Print Name) gate (Print)
BY SH MARINAS MANAGER,LLC,AS NIANAGPR
ROBERT A SPOTTSWOOD,AS PESIDENT7 �
L l O Derr roe n�sx Mflr311lL�S Dd/�LIIAGER I I c.
mess No. 2 (Signature) Arlthorired Official Capacity (Applicable if Entity u
Petitioner Executing '1111-01-Joh Entity Owner's 0
Director, Officer. Trustee, or other Authorized n�
C))l t
(Print Ti1 f Atltl orired
,`Capu /Position))
Non il(tity I),;titiOnerJ,s/Non-Entity Petitioner's 0.
Prilicipal Marlin- Address (Print)
506 FLEMING STREET �
d
KEY WEST,FLORIDA 33040
Entity Petitioner - Mailing Address (Print)
ROBERT A. SPOTTSWOOD,JR.
Entity Petitioner- - Registered Agent Name (Print)
506 FLEMING STREET
KEY WEST,FLORIDA 33040
Entity Petitioner-- Rcgistered Agent Mailing
Address (Print)
Witness No. l (Print Name) Petitioner No. 2 (Print Narne)
Witness No. l (Signature) Petitioner No. 2 (Si(Jnature)
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Witness No. 2 (Print Name) Date (Print)
Witness No. 2 (Signature)
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STATE OF FLORIDA
COUNTY OF MONHOE
T'lae forewino instrument, Ri`,tlat-of-Way Abandonment Agreement for Turnaround
ConStrLactioll. was ac nowledoed before me this `'-'Ii day of T7, 2() t l by
ROBERT A.SPOTTSWOOD �e (. who is pL rsc)nally known to me or produced
as paoof'of identification and did take an oath, and by
Who is personally known to me or produced
as proof of identification and did take an oath.
C �
Notary PubLHH
ate a Florida
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Jcranraa R. ' t l /My Cammi 48883
aax ,re�a�razatta Public (Print Name Notary No.)
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Notary Public Seal Notary Public (Signature)
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