Parcel 6667-BPK 11/17/2021 s couere
Op4,..0- .4../� Kevin Madok, CPA
••a 1
6-04, Clerk of the Circuit Court&Comptroller—Monroe County, Florida
ROE couH`
DATE: February 7, 2022
TO: Kevin G.Wilson, PE
Assistant County Administrator
ATTN: Suzanne Rubio
Executive Administrator
FROM: Pamela G. Hanc• 10.C.
SUBJECT: November 17th BOCC Meeting
Attached is a copy the following item for your records:
U4 Resolution No. 444-2021 of the Board of County Commissioner authorizing the
Mayor to execute a Grant of Easement to a portion of the FDOT parcel#6667 upon FDOT
conveying said parcel to the County.This is the parcel on which the Lower Keys Chamber of
Commerce is located.
Should you have any questions please feel free to contact me at(305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
RESOLUTION NO. 444-2021
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,
FLORIDA, GRANTING AN EASEMENT TO THE
FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) TO A PORTION OF
FDOT PARCEL 6667, IN BIG PINE KEY,
FLORIDA, CONTINGENT UPON AND
EFFECTIVE ONLY UPON THE RECORDING OF
A QUITCLAIM DEED FROM FDOT TO
MONROE COUNTY FOR THE CONVEYANCE
OF FDOT PARCEL 6667 IN BIG PINE KEY, AS
PROVIDED FOR IN THE REVERTER CLAUSE
OF THAT CERTAIN DEED FROM MONROE
COUNTY TO FDOT DATED MAY 24, 1977.
WHEREAS, on November 9, 1936, the Florida East Coast Railway Company
deeded certain properties in Monroe County to the Overseas Road and Toll Bridge
District, as recorded in the Official Records of Monroe County in Book G-6 at
Pages 46 - 55; and
WHEREAS, on September 4, 1954, the Overseas Road and Toll Bridge District,
as successor owners of the Florida East Coast Railway Company properties,deeded
these properties to Monroe County(County),as recorded in the Official Records of
Monroe County in Book 15 at page 374; and
WHEREAS, on January 1, 1966, the County leased the parcel, now known as
FDOT Parcel 6667, to the Lower Keys Chamber of Commerce before the
subsequent transfer to FDOT in 1977; and
WHEREAS, on May 24, 1977, the County deeded to FDOT, as recorded in the
Official Records of Monroe County in Book 715 at Page 82,certain properties from
the 1954 deed, using the description of the transferred lands from the 1954 deed
without calling out the metes and bounds; and
WHEREAS,the COUNTY has continually leased a portion of land to the Lower
Keys Chamber of Commerce,which said land had been transferred to FDOT in the
1977 deed; and
WHEREAS, the 1977 deed contains a clause providing that FDOT will return
(revert)any properties included in the 1977 deed that are not used for Right of Way
transportation purposes upon a request by the County; and
1
WHEREAS, FDOT has determined that it needs only the northerly twenty-five
(25)feet of Parcel 6667 for Right of Way transportation purposes,which said area
will be granted to FDOT by way of an easement from the County; and
WHEREAS, the Board of County Commissioners of Monroe County (Board)
unanimously voted at its regular meeting on September 15, 2021, to authorize the
Mayor to request the transfer (reversion) of the property, known as FDOT Parcel
6667,back to the County; and
WHEREAS, at the request of FDOT, the Board will consider and vote on a
Resolution on November 3, 2021, memorializing and ratifying its unanimous
approval on September 15, 2021, to request the transfer of the property, known as
FDOT Parcel 6667, back to the County from FDOT; and
WHEREAS, legal counsel for FDOT has presented a proposed Quitclaim Deed,
attached hereto as Exhibit "A" and made a part hereof, in which FDOT, as the
Grantor, will convey FDOT Parcel 6667 back to Monroe County, as the Grantee,
since it no longer needs Parcel 6667 for Right of Way transportation purposes and
the County has requested the transfer(reversion) of said parcel; and
WHEREAS, in conjunction with the transfer of Parcel 6667 from FDOT to the
County, FDOT would retain a twenty-five (25) foot easement as per the terms and
conditions of a proposed Grant of Easement and Covenant Running with the Land,
which is attached hereto as Exhibit "B" and made a part hereof, to be recorded in
the Public Records of Monroe County,Florida,after the aforementioned Quitclaim
Deed is recorded of even date; and
WHEREAS, this Resolution authorizing the granting of a twenty-five (25) foot
easement is contingent upon execution of the Quitclaim Deed by the proper parties
of FDOT; and
WHEREAS, this Resolution is to also memorialize the intent of the Board of
County Commissioners to approve the granting of the twenty-five (25) foot
easement and authorize the Mayor to execute the attached Grant of Easement and
Covenant Running with the Land to be recorded in conjunction with the recording
of the properly executed Quitclaim Deed;
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Monroe County, Florida,that:
SECTION 1: Recitals. The recitations set forth above are hereby incorporated by
reference herein.
SECTION 2: The Monroe County Board of County Commissioners requested on
September 15,2021,that FDOT convey the parcel described as FDOT Parcel 6667
2
to the County and will memorialize and ratify said request by a Resolution
presented to the Board on this date,November 3, 2021.
SECTION 3: FDOT has presented the proposed Quitclaim Deed to the County,
attached hereto as Exhibit `B", which will be executed and recorded in the Public
Records of Monroe County,Florida.
SECTION 4: Contingent upon the execution and transfer of the lands in that
certain Quitclaim Deed to Parcel 6667,the Board desires to grant a twenty-five(25)
foot easement to FDOT in a designated portion of Parcel 6667 as described in that
certain Grant of Easement and Covenant Running with the Land, attached hereto
as Exhibit`B".
SECTION 5: Upon execution of the Quitclaim Deed by FDOT, this Resolution
authorizes the Mayor to execute the attached Grant of Easement and Covenant
Running with the Land, which shall then be recorded immediately after the
recording of the FDOT Quitclaim Deed.
Section 6: The Clerk is directed to transmit a certified copy of this Resolution and
the executed Grant of Easement and Covenant Running with the Land to FDOT,
District VI, R/W/ Administration, Attn. Maria A. Llanes, Property Management,
1000 NW 111th Avenue,Room 6105-B, Miami,FL 33172.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting of said board on the 17th day of November,
A.D.,2021.
Mayor David Rice Yes
Mayor Pro Tern Craig Cates Yes '
71
Commissioner Michelle Coldiron Yes _ v
® Commissioner Eddie Martinez Yes -, co y'
Fri � e Commissioner Holly Raschein Yes
�'" -- 0-1
BOARD OF COUNTY COMMISSIONERS
oo>
• est: Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA
00,2.41bi
By E1 By
As Deputy Clerk Mayor/Chairperson
MONROE COUNTY AiTORNEY'S OFFICE
VED}ISTO 0 PA3 PAEABCES
DATE: IST "II
C �T�ORNEY
DocuSign Envelope ID:FEB45F43-640A-42D8-963 B0059EF6242C
/VD ice„y) 96 7�� � .�/ Doc#2353346 Bk#3143 Pg#2128
lJ Recorded 12/17/2021 1:52 PM Page 1 of 10
Deed Doc Stamp$0.00
Filed and Recorded in Official Records of
MONROE COUNTY KEVIN MADOK,CPA
This instrument prepared by, Item/Seg. No. 4152302
or under the direction of, Sect/Job: No..: 90020
Alicia Trujillo, Esq. . Managing District: Six
District Six Chief Counsel g 9`
S.R..No.: 5, MM 31
State of Florida Department of Transportation County: Monroe
1.000.N.W.111tn Avenue- Parcel No.: 6667
Miami; Florida 33172
GRANT OF EASEMENT AND COVENANT RUNNING WITH THE LAND
This Grant of Easement and Covenant Running with the Land (this "Agreement")
is made this ? day of, ce jy7,6e/2..- , 2021, .by Mon roe County Florida, a
political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key
West, Florida 33040, its successors and assigns, as "Grantor", to-and for the benefit of
the State of Florida Department of Transportation, whose address is 1000 N.W. 111tn
Avenue, Miami, Florida, 33172-5800, and its successors and assigns, collectively referred
to herein as"Grantee".
Recitals
A. The property described in Exhibit A, attached to this instrument; and made a part
hereof (hereinafter, the "Property"), was formerly owned by the State of Florida
Department of Transportation by way of Monroe County Deed dated May 24th,
1977, and recorded in Official Records Book 715, Page 82, of the Public Records
of Monroe County, Florida.
B. The State of Florida Department of Transportation transferred the Property in fee
s'mp to 'Monroe County, Florida, pursuant to .a Quitclaim Deed dated
/ A7 1 and recorded under Official Records Book£/4_ Page ,Clerk's
File_ Number �}.
r 5 55 of the Public Records of Monroe
County, Florida.
C. As a condition of said transfer, Grantor agreed to giant unto the State of Florida
Department of Transportation an easement and covenant on the Property, as set
forth in this Agreement.
Now, therefore,for and in consideration of the sum of One and 00/100 Dollar($1.00),
and other valuable consideration paid; the receipt and sufficiency of which is hereby
acknowledged, Grantor and Grantee, by the acceptance hereof, agree as set forth below:
1. Recitals. The recitals are true and correct and are incorporated by reference and
made a part of this Agreement.
DocuSign Envelope ID:FEB45F43-640A-42D8-9637=B0059EF6242C
2. :_Grant of Easement and Easement.Area. Grantor hereby grants to.Grantee a
perpetual, non-exclusive easement over, across, under, and upon a portion of the
Property (the "Easement Area") for the purposes set forth in this Agreement The
Easement Area is more particularly described in that certain sketch. and: legal
description attached hereto as Exhibit B made a part hereof.
3. Purpose _of Easement. The Easement is granted to Grantee, together with
Grantee's agents, licensees, employees, invitees, and.contractors, (collectively,
"Permittees")for right of way transportation purposes, including, but not limited to,
drainage, construction/debris staging, and roadway expansion:. Grantee may
further authorize :its perniittees, agents, licensees, employees, invitees, and
contractors to exercise said rights.
4. Running Benefits and Burdens. The Easement,shall be deemed .a restrictive
covenant running with the Property, for the benefit of the Grantee. All covenants,
terms, conditions, and provisions of this Agreement shall extend to and be made
binding upon Grantor, its successors, and assigns, for the benefit Of Grantee, its
successors and assigns. This Agreement shall be recorded in the Public Records
of Monroe County, Florida.
5. Responsibilities of the.Grantor. Grantor agrees that all maintenance obligations
of the Easement Area shall be the responsibility of Grantor, at.Grantor's sole cost
and expense. Grantor agrees not to alter, or place anything in, the Easement Area,
which will obstruct or impede the rights granted hereunder, or which in any way
will interfere with the purpose of the Easement.
Grantor agrees that it will not build, or grant to others permission to build, any
structures or improvements on, over, across the Easement Area, or develop or
allow the.development of the Easement Area,'in any manner which (1) obstructs
or impedes the rights granted hereunder, or (2) in any way that interferes with
Grantee's use of the Easement Area. However, as part of an approved site plan
or as may be otherwise permitted by applicable law, the Grantor may construct
and/or install improvements to the Easement Area, including, without limitation,
paved driveways, parking and/or walkways, 'landscaping,' and/or other
improvements, if said improvements do not interfere with Grantees' use of the
Easement. Grantor agrees that the construction of any improvements in the
Easement Area is subject to prior approval by the Grantee (such approval shall
not be unreasonably withheld, conditioned, or delayed), which shall be obtained
by applying for a permit through the. Grantee's Permit Office and by written
approval from Grantee's Right of Way Property Management Office.
If Grantor (without obtaining the prior consent of the Grantee) constructs and/or
allows construction of improvements on the Easement Area in a manner which in
any way interferes with Grantee's use of the Easement, Grantee shall have the
right to immediately remove said improvements. The Grantee shall not be held
responsible for any damage to alterations or improvements on the Easement Area
DocuSign Envelope ID:FEB45F43-640A-42D8-9637-B0059EF6242C
that in any way obstruct or impede Grantee's use of the.Easement, or that in any
way interfere with Perrnittees' use of the same, as determined by Grantee in its
sole:discretion; and (b) the Grantee shall not be held responsible for damages
arising out of or resulting from loss of use of said improvements.
6. Indemnification. Grantor agrees to release, indemnify,defend,save and hold the
Departrnent, its employees, agents, representatives, and successors, harmless of
and from any and all losses, fines, penalties, costs, damage, bodily injury, claims,
demands, suits and liabilities of any nature including attorney fees, (including
regulatory and appellate fees), arising out of, because of, or due to any accidents,
happening or occurrence on or around the Easement Area whether the same
•regards person or property of any nature whatsoever, regardless of the
apportionment of negligence, unless due to the sole gross negligence of the
Grantee as rendered.in a final judgment by a court of competent jurisdiction.
7. Utilities. Grantor shall, during the term hereof, at all times be responsible for
payment of any utility services provided to the Easement Area.
8. Reservation of Rights. Grantor hereby reserves all rights of ownership in and to
the Easement Area which are not inconsistent with this Agreement, including the
right to use the Easement Area for all uses not interfering or inconsistent with
Grantee's rights under this Agreement.
9. Miscellaneous
a. Enforcement. The terms and provisions of this Agreement shall commence
upon the execution and delivery of this Agreement by the Grantor and shall be
for a perpetual term, unless. sooner terminated as may be set forth in this
Agreement. The failure.of the Grantee to insist on one or more occasions on
the strict compliance with any terms or provisions of this Agreement shall not be
deemed a waiver or cause those rights to be relinquished in the future
enforcement thereof.
b. Sovereign Immunity. Grantor and Grantee are governmental entities, self-
insured and subject to the provisions of Section 768.28, Florida Statutes.
Nothing in this Agreement shall be deemed or otherwise interpreted as waiving,
limiting, or altering the sovereign immunity protections enjoyed by Grantor or
Grantee, or as increasing the limits of liability as set forth in Section 768.28,
Florida Statutes.
c. Construction. The section headings contained in this Agreement are for
reference purposes only and shall not affect the meaning or interpretation of this
Agreement. No provision of this Agreement shall be construed against or
interpreted to the disadvantage of either party by any court or other
governmental entity by reason of such party's having or being deemed to have
prepared or participated in the preparation of this Agreement.
DocuSign Envelope ID:FEB45F43-640A-02D8-9637-B0059EF6242C
d. Severability:. This Agreement shall be:governed by the laws of the State of
Florida. This Agreement will be enforced to the fullest extent permitted by applicable law: If for any reason any term or provision of this Agreement is held
to be invalid or unenforceable to any extent,then (a) such term or provision will
be interpreted, construed, or reformed to the extent reasonably required to
render the same valid, enforceable, and consistent with the original intent
underlying such provision; (b) such term or provision will remain in effect to the
extent that it is not invalid or unenforceable; and (c) such invalidity or
unenforceability will not affect any other term or provision of this Agreement.
e. Amendments and Termination.. This Agreement shall continue in perpetuity.
Termination.of this Agreement must be in writing, executed by the Parties with
the same formalities as this instrument, and recorded in the official records of
Monroe County.
f. Entire Agreement. This Agreement embodies and constitutes the entire
understanding between Grantor and Grantee concerning the rights granted
herein and all prior or contemporaneous agreements, :understandings,
representations, and statements, oral or written, with respect thereto are
merged herein.
g. Grantee to Record. Upon execution of this instrument, Grantee shall record
the instrument in the Public Records of Monroe County, Florida.
TO HAVE AND TO HOLD the same to Grantee, its successors, and assigns forever,
and.Grantor will defend the title to said lands against all persons claiming by,through, or
under Grantor.
SIGNATURE PAGES FOLLOW
DocuSign Envelope ID:FEB45F43-640A-42D8-9637-B0059EF6242C
CCEN
. /)"t;- -. .
IN WITNESS WHEREOF, the.Parties haV. d ment on the da and year first written above
y
GRANTOR: e C `c
MONROE COUNTY, FLORIDA \,,,,,,,, st rin MOO(' Clerk
eavN r
By XX
By: �s?_
L�avi�: i l c a . As De uty Clerk
Print Name 14411,e.14.:&: H414°cc c.l .,
Print Name
/1ao
Title
MONROE C0UNTYAITORNEY'S OFMCE
WITNESSES: ,Q A TA _C OU
P ova?AS TO
PATRICIA FABLES
I DATE:11
[Signature of witness 9 is
/ E
OtvCr 5614‘ d 1-oli
Print Name
Signature of witness 2J
chit£
Print Name
STATE.OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me, by means of
or 0 online notarization, this lit day of physical presence
r n Y noviuit ; , 20_1 by
�cL P' Ql C2- , who is personally known to me.or who has
produced
as identifications
(Notary Seal)
ia1a cz,. .eviaie..A2--
Notary Public
tµr••rPe,,e. TMMARALAMARCHE.
iQ.-• . CoiiimbffOn�HH11t>i�
•; a- 144,2o25 - Print Name
My Commission Expires: diria 041 2425.
DocuSign Envelope ID:FEB45F43-640A-4.2D8-9637=B0059EF6242C
i
GRANTEE:.
STATE OF FLORIDA DEPARTMENT.OF TRANSPORTATION
f—DocuSlgnedby: r—DocuSlpned by:
By: . fri4
Attest:.Stacy L.*Ii >�ae= S it t, ;.2irkteet,r)
,;. Helen bSb
District Six Secreta � ��'��`78`"
arY Assistant to District Secretary
WITNESSES:
EDocuSlpned by:
t eurkS _6Ml^a [Signature of.witness 1]
BDE818C95DB54D8::._
Lourdes Evora
Print Name
DocuSigned by:
L' -a CuR-Sia [Signature of witness 2]
9B3E212210734D7:..
Cristina Cuesta
Print Name
STATE,OF FLORIDA
COUNTY OF MONROE
The foregoing instillmentby was acknowledged before me, means of®'physical presence
or 0 online notarization, t is P
day of2ecP�t°/�/ , 20--2 by
;3. r c ' I. /-? '//e/2� '' : , who is personally known to me or who has
produced
as identification.
(Notary Seal) d
a. f.
N tart' lid
_oosr Notary Public State of Florida /�
Mane A Llanes �� C� d�4�//�c! -
My commission HH 049218 . Print Name
i`" Expires 09/30/2024
My Commission Expires: .09 2f�1�.0o?,<G
..
boctiSign Envelope ipt FEB45F43-640A.-42D8-06F,BOOS9EF624zq
• . . . .
. . . . •
• - • -
EXHIBIT. "A°
d •In
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•
en
LEGA! DESCRIPTION - PARCEL 6667:
. -
. .
: t„d A tract of land in a part of Government Lot 1, Section 25; Township 66-SoUth, Range 29 East on Big Pine Key; Monroe
County, Florida, and being more particularly described as follows:
. .
COMMENCE at the Southwest Corner of the Northwest one-quarter (1/4) of said Section 25, Township 66 South, Range
_ 29 East; thence S 8909'261! E, along the South line of said Northwest one-quarter(1/4) of Section 25; for a distance
of 50.00 feet to a.point on the East Right of Way line of Industrial Road, as shown on the Florida Department of •
Transportation Right of Way Map for said State Road 5;-Section.90020/90030, sheets 4 and 5 of 7, dated April 1,
2019, and the POINT OF BEGINNING of the following described Parcel: .
. . .
Thence N 00°5633° E, along said East Right of Way line of Industrial Road, for a distance of 207.55 feet to the
Intersection with the South Right of Way line of State Road 5 (Overseas Hwy.), as Shown on said Right of Way Map;
thence S 08°50155" E, along said South Right'of Way line of State Road 5, for a distance of 150,00 feet; thence
• S 00"56131" W for a distance of 207.01 feet to a point on aforesaid South line of the Northwest one-quarter (1/4) of
• Section 25; thence N 89°0926" W, along said South line of the Northwest one-quarter(1/4) of Section 25. for a
distance of 150.00 feet to the POINT OF BEGINNING. - - -
Said lands containing 31,092 square feet; more or teas.
LEGEND: • GENERAL NOTES:
- Parcel Number -- Bearings are based on the Baseline of Survey of State Road 5 (Overseas
Baseline Highway), having:a beating of S 88°56155":.E from:RI. Ste. 1152+82:55 to
g Centerline P.C. Sta. 1176+91.05, at shown in-Florida Department of Transportation
CCR - Certified Corner Record (FOOT) Right of Way Map for said State Road 5; Section Opo2w9o031);
- prepared by Maser Consulting P.A. (now known as Colliers Engineering &
g EXIST. 7 Existing:-
Design: Inc:), dated April 01; 2019. : •
i FDOT - Florio DepartMent of
- Existing Right of Way lines and Property Lines were derived from said Right
X Transportation
of Way Map for State Road 5 and the monumentation recovered on that
F.P. - Financial Project survey.
1'• I.P. -- Iron Pipe Station and offsets shown hereon are relative to the State Road 5 Baseline
N
I.P.&C, - Iron Pipe and Cap
e
of Survey.
LB - Licensed Business a Lands shown hereon Were not abstracted for right-of-Way, easement Of
LT - Left , record, ownership, abandonments, deed restrictions, or Murphy Act Deeds.
E
" - N/A - Not Applicable This information should be obtained through appropriate verification:
a O.R.B. - Official Records Book - Reproductions of this map are not valid Without the original signature and
• 2 PG. Page seal of the Florida Licensed:Surveyer and Mapper In responsible charge.
PK.N&W .. parker-Kaion Nail and Additions and/et deletions to survey maps, sketches or reports by any party
,13 Washer other than the signing party are prohibited without the written consent of
=
P.O.B. - Point of Beginning .the signing Party:
P
P.O.C. - Point of Commencement ,This Sketch to Accompany Legal Description is In compliance with the
GE - Pro Standards of Practice as set forth by the Florida Board of Professional Land
erty line
Lo R
Surveyors and Mappers, referenced in Rule 5M7 Florida Administrative code
R : an P ge
IRT , Right pursuant to Section 472.027, Florida Statues.
R/W - Right of Way
. a SEC. - Section
V S.F. - Square Feet
E SPK. - Spike
8 S.R. State Road
cl STA. - Station
sointuteiliN
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7IWP. -Township Fi
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DENIS DENIS zi •5'. - 1017 " . 0 DATE
FROFESSIONAOSU VEYOR AND MA ER%
1 .
e This document conaists of two (2) sheets FLORIDA ucgysE O. 7017 L. $
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til and neither shall be Considered valid, a full,
1:4-?'1.4-\ FT14501S NarAVA SURVEY
g .lete without the :
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FFLORIDADEFARTMENT0 tr17,• . • *AT elV
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SKETCH TO ACCOMPANY•trOgirOWRIPTION
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• MONROE COUNTY
? -- PREPARED.RY: -LOkilry ENGINEERING&DESIGN.INC. DATA SOURCE:
STRFCr
,. NAM FL 33165 0.87388) SEE GENERAL NOTES
g , DRAWN OD 1v/01/22 .
Haman DATE CHECKED Do ioinm F•0• NO. N/A SECTION 90030 SHEET 1 OF 2
a
10/12/:2021 7:28:52 AM °gents-
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DocuSign Envelope ID:FEB45F43-640A-42D8-9637-80059EF6242C
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N PARCEL # OWNER'S NAME PARCEL AREA REMAINDER COMMENTS
i ' 6667: FLORIDA DEPARTMENT
m OF TRANSPORTATION 31,092 S.F. 0.00 S.F.
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i EXHIBIT "A"
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S.R. 5 (OVERSEAS HIGHWAY) EXIST. NORTH PJW 03E / !+ °`
0
ea
SECTION 90030 PER SEC. 90020/90030
1167 1168 'n
• 66 97.26to
1169 1170
END SEC. 90.260 y ry S 88°56'55" E
BEGIN SEC. 90030 . 1 N (BEARING REFERENCE) OF SURVEY
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'" EXIST. SOUTH:R/W LINE i r 1ti
PER SEC..90020/90030
+97.36': N25' . in 25' S 88°56'55" E 150.00' — --
50.00' RT W— +47.36 +97:36
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50.00 RT 50.00' RT
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PER O.R.B. 715, PG. 82 N MONROE COUNTY
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A. ' 4 257.55' RT 257.01' RT
N_89°09'26" W 150.00'- E,
•
g ' S 89°09'26" E SOUTH LINE OF NW 1/4 OF--'1
0 50.00' MONROE COUNTY SEC. 25, TWP 66S., RGE. 29E,
PI
PARCEL ID: 00110830-000600
BIG PINE KEY, MONROE COUNTY, FLORIDA
m GOVERNMENT LOT 1, N.W. 2/4 OF SEC. 25, TWP, 66S., RGE. 29E, 0 20 40
B- This document consists of two (2) sheets
immu
and neither shall be considered full, ®��'
,valid, and com.lete without the other. THIS IS NOT A SURVEY
liummiliMillimin
Scale: 1" = 40'
FLORIDA DEPARTMENT OF TRANSPORTATION
111111111.111111111 I
-_ SKETCH, TO ACCOMPANY LEGAL L DESCRIPTION
12, ®STATE ROAD NO. 5 MONROE
® ��'.�PREPARED BY: COut1ERS ENGINEERING&°EDEN.INC. - - RGE COUNTY
�9D NW 66 STREET : DATA SOURCE:
® DD IDJ01/2]„ KULL FL 39166 11G73861 SEE GENERAL NOTES ON SHEET 1
it IMIMIIIIIHIIIIIIDATE CHECKED DO 10/12/21' F.P.. NO. N/A
SECTION 90030
10/]z/2oz1>:z9:ze AM DDems - - _ _ SHEET 2 OF 2 ;
DocuSign Envelope ID:FEB45F43-640A-42D8-9637,B0059EF62420
. 1 :
I . • •1 .•
, •/,
EXHIBIT "S"
.
1 . LEGAL DESCRIPTION - EASEMENT AREA:
A tract of land in a part of Government Lot 1, Section 25, Township 66 South, Range 29 East on Big pine KeY, Monroe
County, Florida, and being more particularly described as follows:
COMMENCE at the Southwest corner of the Northwest one-quarter (1/4) of said Section 25, Township 66 South, Range
29 East thence S 89609'26" E; along the South line of said Northwest one quarter (1/4) of Section 25,-for a distance
of 50.00 feet to the intersection with the East Right of Way Ilrie of Industrial Road, as shown on the Florida
• Department of Transportation Right of Way Map for said State Road 5. Section 90020/90030, sheets 4 and 5 of 7,
dated Aril.1,:2019; Thence:N:006561339 E, airing said East Right of Way line of Industrial Road;for a distance of
182.55:feet to the POINT OF BEGINNING of the following described Parcel:
Thence continue N 0065613E" E, along said East Right of Way line of industrial Road, for a distance of 25..00 feet to
the Intersection with the South Right of Way line of State Road 5 (Overseas Hwy); as shown On aforesaid Right of
Way Map:.thence S 88°56155" E; along said South Right of Way line of State Road 5, for a distance 0.150.00 feet
thence S 00656'33" W for a distance of 25.00 feet thence N 88°56'55" W for a distance of 150.00 feet to the POINT
OF BEGINNING,
Said lands containing 3.750 square feet, more or less;
LEGEND: GENERAL NOTES:
1 & : ii • Baseline •7 Bearings are based on the Baseline of Survey of State Road 5 (Overseas
Highway) having a bearing of S 80°56'55" E from:P.I. Sta. 1152+82.55 to
Centerlin e •
- Certified Corner Record P.C. Ste: 1176+91.05; as shown in Florida Department of Transpottation
! I - Existi 1 (FOOT) Right Of.Way Map for said State Road 5, Section 90020/90030
ng ,
EXIST.
Prepared by Maser Consulting PA (now known as Colliers Engineering &
cc FDOT • Florida Department of
ff
Design, Inc),-dated April 01, 2019.
Transportation .
Existing Right of Way lines-and Property Lines were derived from said Right
F,P. - Financial Project of Way Map,for State Road 5 and the monumentation recovered on that
- Iron Pipe survey.
Baseline
i., I.P.&c. ,Iron Pipe and Cap , Station and offsets shown hereon are relative to the State Road 5 B
LB - Licensed Business of Survey. ' •
, LT - Left - Lands shown hereon were not abstracted for right,Of-way, easement of
0. N/A - Not Applicable reared, ownership; abandonments, deed restrictions, or Murphy Act Deeds.
O.R.B. -Official Records Book This information shOuld be obtained throUgh appropriate verification.
•
& pp. - Page - Reproductions of this Map are not valid without the original signature and
) PICN&W -Parker-Kalon Nail and seal of the Florida Licensed Surveyor and Mapper in responsible charge:
go
Washer - Additions and/or deletions to survey maps, sketches or reports by any party
LA P.O,B. - Point of Beginning other than the Signing party are prohibited without the written consent of
the signing Party.
P.O.C. - Point of ComMencement
-This Sketch to Accompany Legal Description is in compliance with the
.1, IL : - Property line
Standards of Practice as set forth by the Florida Board of Professional Land
X RGE. - Range
Surveyors and Mappers, referenced in Rule 51-17 Florida Administrative code
Right
pursuant to Section 472.027; Florida Statues:
R/W - Right of Way
SEC. -Section
z S.F. - Square Feet
SPK. - Spike
S.R. - State Road
8 STA. , Station
TWP. -Township
gg
go
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E
DENIM DENIS' ,; no 4, )1 %, DATE
PROFESSIONAL URVEYOR AND APPER
in
FLORIDA WO E NO. 7017
This document consists of two (2) sheets
-; ;,1 0 t L. E.
P.' and neither shall be considered full: , r- ....
.... erg 's STAtild 1p. :). etT A SURVEY
g valid, and corn.lete without the other,
FLORIDA DEPARTIOlk 0 'RIISP*8170N
ce
SKETCH TO ACCOMPAIffeteEtOteBESCRIPTION
,
x
=STATE ROAD NO. 5
. MONROE COUNTY
in
0
ii,. DATE PREPARED BY: grolEAS ris GIREEr&DESIGN.INC DATA SOURCE:
WAAL FL 33165 ILB73814 SEE GENERAL NOTES
DRAWN OD 30/02/21
g
F.P.
SECTION 90030 SHEET 1 OF 2
N/A
ie kvisioii WM mt. CHECKED DD imm • NO.
10/12/20217:3106 AM DDents
DocuSign Envelope ID:FEB45F43-640A-42D8-9637-B0059EF6242C
N PARCEL # OWNER'S NAME
� � FLORIDA DEPARTMENT REMAINDER COMMENTS
OF TRANSPORTATION 3,750 S.F. N/A IIIIIIIIIIIII
j
0
tinujirlw
EXHIBIT "B1nc S•R. 5 (OVERSEAS HIGHWAY) EXIST, NORTH MNL1NEOSECTION 90030 PERSEC 90020/90030 Z o
11.6 7c~n
11.68 1169
: 1170
T. a 97 Ng. S 88°56'55" E
END SEC. 90020 (BEARING REFERENCE)
BEGIN SEC. 90030 �" I� OF SURVEY
v 50..0'6RT
0
1... e•y
.-I EXIST. SOUTH R/W LINE in
i S 88'56'S5" E 150 00' PER SEC. 90020/900301
N Q
j +97.36 25' N 25' . °/ al c r—
50.00' RT W N/ N 0 +97.36
QN 50.00' RT
in Q N 88°56'55""W: 150.00'
ita uj ce P.O.B. +97.41
+47.40 75.00' RT:
/ 0 M Q al 75.00'. RT
LL w z H in EASEMENT
o rn O F ni AREA 0
LLi Z CI "., MONROE COUNTY
.^� al FOOT PROPERTY O Sl PARCEL.ID: 00110841•000000
ui - PER O.R.B. 715, PG. 82 N -
N ui �'� MONROE COUNTY 03 M
YLL. ry in PARCEL ID: 007I0840-000000 CO
a SIC+ W
a uIW p on r
t0 00 Zw m
0 CC
O m
- cc rn CO W ao z in
n Vl N
C1 O 4 a• ki NOT SUBDIVIDED - IMMIllar ''�
M in to Z W re +47.75
f. a.' _ 257.55' RT
a, +97.75
S 89°09'26 E 150.00' 1, 257.01' RT
8
GI' ' S 89°09'26" E SOUTH LINE OF NW 1/4 OF
0 50.00' MONROE COUNTY SEC. 25, TWP 66S., RGE. 29E.
a , PARCEL ID; 00130830=000600 i
N.
ua BIG PINE KEY, MONROE COUNTY, FLORIDA
GOVERNMENT LOT 1, N.W. 1/_4 OF SEC. 25, TWP, 66S., RGE. 29E. 0 20 : 40
o Thls document consists of two (2) sheets
gand neither shall be considered full, ��
valid, and corn.lete-.without.the other. THIS IS NOT A SURVEY Scale: 1" = 40'
FLORIDA DEPARTMENT OF TRANSPORTATION
c0c.°__Ne
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
STATE ROAD NO. 5
MONROE COUNTY
—® DATE PREPARED EY: COWERS ENGINEERING&DESIGN.INC DATA SOURCE:
CM NW 64 STREET
a DRAWN OD 7D%Ol/21 FL 33f6s It6Taaet SEE GENERAL NOTES ON SHEET 1
-
6Y CHECKED DD io/12R1 F.P. NO. N/A •10/12/20217:32:03 AM °Denis SECTION 90030 SHEET 2 OF 2
DDoocpuSSign Envelope ID:FEB45F43-640A-4 D6-g63 -B00 EF6242C
' Doc#2353345 Bk#3143 Pg#2123
Recorded 12/17/2021 1:48 PM Page 1 of 5
Deed Doc Stamp$0.00
Filed and Recorded in Official Records of
26-SPD.01 06/99(Public Purpose-No consideration) MONROE COUNTY KEVIN MADOK,CPA
This instrument prepared by,
• Parcel No. : 6667
or under the direction of, Item/Seg No: 4152302
Alicia Trujillo, Esq. (FBN 822108) Sect/Job No. 90020 ..District Chief Counsel S.R. No. : 5, MM 31
Florida Department of Transportation County
1000 NW 111 th Avenue;Miami, Florida 33172 Manaing District: Six
nroe
QUITCLAIM DEED
THIS INDENTURE is made this day of p—,-, 2021, by and be
tweeSTATE OF FLORIDA by and through: the STATE 'OF FLORIDA DEPARTMENTn the
OF
TRANSPORTATION ("Department"), Grantor,•whose address is 1000 NW 1.11th_ Avenue, Miami,
Florida 33172, to MONROE COUNTY, FLORIDA ( County"), Grantee, a political subdivision of the
State of Florida,whose address is 1100 Simonton Street, Key West, Florida 33040.
WITNESSETH
" WHEREAS, on November 9, 1936, the Florida East Coast Railway conveyed certain- lands
( Lands")to the Overseas Road and Toll Bridge District("ORTB"), by deed recorded in Deed Book G-
6, Pages 46-55, of the Public Records of Monroe County, Florida; and
WHEREAS, on September 4, 1954, ORTB conveyed the Lands,
(hereinafter the"County Lands");to the County by Warranty Deed recorded in Official Reco Records Book
15, Page 374, of the Public Records of Monroe County, Florida; and
WHEREAS, on May 24, 1977, the County conveyed the County Lands to the Department b
deed recorded in Official Records Book 715, Page 82, of the Public Records of Monroe County,
Florida ("County Deed'), which Lands included Parcel 6667 ("Parcel") hereinafter described in the
attached Exhibit"A"; and
WHEREAS,the County Deed binds the Department,as grantee of said County Deed,to return
to the County, upon request, any of the property conveyed to the Department which is not used for
right of way or any other road purposes ("Transportation Purposes"); and
WHEREAS, said Parcel is no longer required by the Grantor for Transportation Purposes,as
determined by Grantor,through action of the District Secretary, District Six . Florida Department of
Transportation, on February 29,2021,pursuant to the provisions of Section 337.25, Florida Statutes;
and
WHEREAS, Grantor and Grantee agreed that Grantor would hereby quitclaim the land
hereinafter described to the Grantee, as mandated by the County Deed, and that Grantor would
reserve certain easement rights to Grantor,as set forth in that certain"GRANT OF EASEMENT AND
COVENANT RUNNING WITH THE LAND"from Grantee and Grantor,recorded in the Public Records
of Monroe County, Florida, of even date herewith.
DocuSign Envelope ID:FEB45F43-640A-42D8-9637-B0059EF6242C
Parcel.No.: 6667
Item/Seg No.: 4152302
Sect/Job No.: 90020
S.R. No.: 5, MM31
County: Monroe
Managing District: Six
NOW, THEREFORE, THIS INDENTURE WITNESSETH: That the Grantor, does hereby
remise,release,and quitclaim unto the Grantee,its successors,and assigns,forever,all the right,title,
and interest of the Grantor in and to the property described in Exhibit"A"attached hereto and made a
part hereof.
TO HAVE AND TO HOLD,the said premises and the appurtenances thereof unto the Grantee.
THIS CONVEYANCE IS made subject to access control requirements, any unpaid taxes,
assessments,liens, reservations, or easements of any kind which may be In place,or encumbrances
of any nature whatsoever, which the Grantee hereunder and herein assumes.
The transfer and conveyance of the real property herein described is further subject to a
twenty-five(25)foot easement with the terms and covenants set forth in the"GRANT OF EASEMENT
AND COVENANT RUNNING WITH THE LAND"from Grantee and Grantor, recorded in the Public"Covenant").
of Monroe County, Florida, of even date herewith (the
SIGNATURE PAGE FOLLOWS
2
DocuSign Envelope ID:FEB45F43-64OA-42D8-9637;B0059EF6242C
Parcel No.: 6667
Item/Seg No: 4152302
Sect/Job No.: 90020
S.R.No.: 5; MM31
County: Monroe
Managing District Six
IN WITNESS WHEREOF,the State of Florida Department of Transportation has caused these
presents to be executed in its name by its proper officers thereunto duly authorized,the day and year
first above written:
STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION
Do41S190ed by:
By:
DoeuSlpned by: �"^!%9
Witness: Stec P ;,P E.
(Auv` tsinera District Secretary
BDE818C95DB54D8... DocuSlpeed by
Lourdes Evora Executive SecreA I�'--
t: .- � C1u.(.IA. I I
Su4L
Name/1 Mlle FEC287D3E1CC478...
Print Name Helen Shaheen
by Exec. Secretary
Witness: . cDocuSIgned
yisti ,a, L,uts1a . .. Affix Department Seal
9B3E212210734D7...
Cristina Cuesta Assistant to the Director of operations
Name/Title
State of Florida
County of Miami-Dade
The foregoing instrument as acknowledge before me, by means ofj physical presence or Elonline notarization,this dY -. day of e-e/i7Z�/�2021, by Stacy L. Miller, P.E.
Secretary for District Six, FDOT, who is personally known wn to me, or has produced District
as identificatio
ipSi' Notary public State of Florida Notary Pub n and r the County and State
Maria A Llanes merit ove
%o,n E
Myxpir Ceomm
s 09is/30/2sion024 HH 049218
Print Name
(Affix Notary Seal)
____ .. ./±._
My Commission Expires: C�9 �.0
3
DocuSign Envelope ID:FEB45F43-640A-42D8-9637=B0059EF6242C
0
EXHIBIT m
..A..
0
0
0
LEGAL DESCRIPTION - PARCEL 6667:
A tract of.land.In a part of Government Lot 1..Section 25;Township.:66 South; Range 29 East on Big Pine Key; Monroe
County, Florida, and being more particularly described as follows:
COMMENCE at the Southwest corner of the Northwest one-quarter(1/4) of said Section 25, Township 66 South, Range
29 East thence S 89'09'26" E; along the South line of said Northwest one-quarter(1/4) of Section.25;.:for a distance
of 50.00 feet to.a point on the.East:Right of Way line of Industrial Road, as shown on-the Florida Department of
Transportation Right of Way Map for said State Road 5, Section 90020/90030, sheets 4 and 5 of 7; dated April 1,
( 2019. and the POINT OF BEGINNING of the following described Parcel:
Thence N.00.56'33" E, along said East Right of Way line of industrial Road, for a distance of 207.55 feet o the ..
Intersection with the South Right of Way line of.State.Road 5 (Overseas Hwy.), as shown on said:Right of Way Map;
thence S 88°56'55° E,:along said South Right of Way fine of State Road 5,-for a distance of 150.00 feet.thence
S 00°56'33 W for a distance of 207.01 feet to a point on aforesaid South line of the Northwest One-quarter 14
Section 25; thence N 89°09'26° W,along said South line of the Northwest one-quarter(1/4) of Section 25. for a
distance of 150.00 feet to the POINT OF BEGINNING.
( / ) of
said lands containing 31,092 square feet, more or. less.
LEGEND:
GENERAL NOTES:
°
l ri ti : - Parcel Number - Bearings are based on the Baseline of Survey of State Road 5 (Overseas
B. Baseline Highway), having:a bearing of S-88°56'55° E from P.I.
Sta. 1152+82.55
e � Centerline P.C. Sta. 1176+91.05, as shown.in Florida Department of Transportati nto CCR - Certified Comer Record (FDOT) Right of Wa Ma
EXIST. - Existing
Y p for.said State Road 5, Section 90020/90.030;
FDOT 9 prepared by Maser Consulting,P:A• (now known as Colliers Engineering &
- Florida Department of Design, Inc.); dated April 01; 2019:
Transportation -Existing Right of Way lines and. Property Lines were derived from said Right
F.P. - Flnaocial Project of Way Map for'State Road 5 and the monumentation recovered on that
a LP: - Iron Pipe survey.
N • :&C. -Iron Pipe and Cap - Station and offsets shown hereon are relative to the State Road 5 Baseline
- Licensed Business of Survey.
A. LT - Left -Lands shown hereon were not abstracted for right-of-way, easement of
N/A = Not record, ownership, abandonments, deed restrictions, or Murphy Act Deeds.
mO.R.B. - Not Applicable Records Book This information should be obtained through appropriate verification;
O. - Page -Rseal of eproductions of this map are not valid without the original signature and
PK.N&W .- Parker-Kalon Nail and - Additions and/oe r deletions eletio sa e od s survey maps, sker and etches hes or reports)by any pa
ty
,77 Washer other than the signing P.O.B. - Point of Beginning the signing party...
9 party are prohibited without the written consent of P.O.C. - Point of Commencement �
- This Sketch to Accompany Legal Description is in compliance with the
Standards of Practice as:set forth by the Florida Board of Professional Land
N R. - Property line
RGE. = Range Surveyors,and Mappers, referenced In Rule 5J=17 Florida Administrative code
RT - Right pursuant to Section 472.027, Florida Statues.
R/VJ - Right of Way
SEC. - Section
E S.F. -Square Feet
i SPK. - Spike
e S.R. - State Road
STA.
TWP -Station
g -Township
$ )---. . ,..-.- <t,'. _.---- -v 6
, ti���S�An�itrrrrri
DENTS DENTS M , m,.\
B PROFESSIONA4'SU VEYOR AND( MAPPERI.
DATE
a This document consists of two (2) sheets FLORIDA LICEYSE iO. 7017 1 L N
and neither shall be considered full, -A
valid, and corn•late without the other. `` "
n1
2": s 3Soi'S N Rf a A SURVEY
wit.
FLORIDA DEPARTMEI' '\T• 11
'.Ro( 1F?"ftl
all
SKETCH TO ACCOMPAIV47#GA„}a
tASRIPTION
v.
=
___
BY STATE ROAD NO. 5
MONROE COUNTY
DATE PREPARED BY: GOUJEpS FJ707NEER6(0 fi DESIGN.INC DATA SOURCE:
�790 fAV 33 STREET
n DRAWN DD 10/01/21 N>AM FL 33166(LW366) SEE GENERAL NOTES
d BY DATE CHECKED DD F.P. NO. N/A 1o/12/20217:28:52 Ant Open's lolI2R7 SECTION 90030 SHEET 1 OF 2
DocuSign Envelope ID:FEB45F43-640A-42D8-9637-B0059EF6242C
i
N PARCEL# OWNER'S NAME
PARCEL AREA REMAINDER COMMENTS
th 6667 FLORIDA DEPARTMENT.
o OF TRANSPORTATION 31,092 S.F. 0.00 S.F.
a
0
a
,� ^ EXHIBIT "A"
U tFrillig
• _ _tO +o ° S.R. 5 (OVERSEASIn rs.
EXIST. NOR — W O , . HIGHWAY) PER SEC. 02Q 9 030
z SECTION 90030 c
1167N `�
1168 1169 1170
y : 166+97 26 N S 88°56'55" E
END SEC. 90020 (BEARING REFERENCE) 1 OF SURVEY
BEGIN SEC. 90030 N
N
+
vt up
N. O
^' EXIST. SOUTH R/W LINE
"1 „ PER SEC. 90020/90030
+97.36 . Ln
/V 'Cicr3 S 88°56'55" E 150.00' _
— �
50.00' RT — +47.36 +97.36
11J ® 50.00' RT 50.00' RT
m a ,
c.
c M 0 ,
e N w -
O M
3 O n1
0 u. ud 2 u1 i�-. I 0 Eq
g O N c In , O FDOT PROPERTY p
': a N PER O.R.B. 715, PG. 82 N MONROE COUNTY
w z MONROE COUNTY PARCEL ID: 00110841-000000
II
w 0 2 cW PARCEL ID: 00110840-000000 3
N Ili e
LL top W(Ni t0 rn
in
° O WO G 0
°' LKO. GON '1' � MO 0
0 m {`O O !al
U; ce ce M co ` G Z O
u, • Ounpu ztto
raiw~v. I--
aW P.O.B. NOT SUBDIVIDED
N w +97.75
a' w Qg +47.75 257.01' RT
A wit 257.55 RT
S N 89°09'26" W 150.00'. I.
a S 89°09'26° E SOUTH LINE OF NW 1/4 OF--
g 50.00' MONROE COUNTY SEC. 25, TWP 665., RGE. 29E.
I PARCEL ID: 00110830-000600 I
E •
BIG PINE KEY, MONROE COUNTY, FLORIDA
am GOVERNMENT LOT 1, N.W. 1/4 OF SEC. 25, TWP, 665,, RGE, 29E. 0 20; 40
This document consists of two (2) sheets we
gand neither shall be considered full, isomagi
`valid, and cam.fete without the other. THIS IS NOT A SURVEY Scale: 1" = 40'
a FLORIDA DEPARTMENT OF TRANSPORTATION
SKETCH TO ACCOMPANY LEGAL DESCR
IPTION
1 STATE ROAD NO. 5 MON- � ROE COUNTY
g
DATE PREPARED BY: COWERS EHGIHFERING&DESIGN,INC. DATA SOURCE:
62tao NW a sTREEr
OD 10/p1/21 FOAMFL 33166 CUOMO SEE GENERAL NOTES ON SHEET 1
.RE SfONIllen DATE CHECKED; DD 10 F.P. NO. N/A
3 0/12/202 1 7:29:20 AM DDenls /!2/2! SECTION 90030 SHEET 2 OF 2