Item C44BOARD OF COUNTY COAL MUMONERS
AGENDA ITEM SUMMARY
Meeting Date: October 17, 2022 Division: Administration
Bulk item: Yes X No _ Department: Proiect Management
Staff Contact Person/Phone #: Jerry 8amett X"16
AGENDA ITEM WORDING: Approval of Grant of Easement from Monroe County to FKAA, on that portion of
MacDonald Avenue which was abandoned in order to build the new Stock Island Fire Station. This is the
standard easement required by FKAA.
ITEM BACKGROUND: In order to acquire the amount of land needed to build the Stock island Fire Station, the
county abandoned a portion of MacDonald Avenue which ran between the newly acquired county property
and the location of the present fire station. FKAA requires an easement in order to access their utility lines
under the abandoned road. The county plan does not call for construction on the property affected by the
easement.
PREVIOUS RELEVANT BOCC ACTION: Abandonment of a portion of MacDonald Avenue.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST: 50 INDIRECT COST: BUDGETED: Yes _X_No _
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: _ SOURCE OF FUNDS:
REVENUE PRODUCING: Yes —_y/ NoC/X_ AMcOPNT PER MONTH Yye�(a�r _
APPROVED BY: Countv Attv /!0 OMB Purch`asing Risk Managemeritl I
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
Revised 7/09
f
J .
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: grant of easement Contract #
Effective Date: 10-17-2012
Expiration Date:
Contract Purpose/Description:
Easement from Monroe County to FKAA, on that portion of MacDonald Avenue which
was abandoned in order to build the new Stock Island Fire Station.
Contract Manager: Natileene Cassel 3580 Legal #7
(Name) (Ext.) (Department/Stop #)
for BOCC !!!!!!2& on Agenda Deadline:
CONTRACT COSTS
Total Dollar Value of Contract: $ Cummt Year Portion: $ _
Budgeted? Yes® No ❑ Account Codes: -
Grant: $ - - - -
County Match: $ - -
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For.
(Not included in dollar value above) (e . maintenance, utilities, janitorial, sa
Changes Date Out
Date In Needed Reviewer
Division Director %d -2 l � Yes No L -
Risk Management YesO No[�J' O a c)
O.M.B./Pum-- teasing lbf2 P—YesO
County Attorney /D/> I Yes
Comments:
OMB Form Revised 2/27/01 MCP #2
• /A
1Lis iostrnment is prepared by, or under the direction aE
Nate W. Cassel. Esq.
FBN 365M
Assistant County Attorney
Offix of the Monroe County Aumney
P.O. Box 1026
Key West, FL 33041-1026
(using farm provided by RLW
GRANT OF WATER AND WASTEWATER
EASEMENT
It is hereby agreed that Monroe County, a political subdivision of the State of Florida,
(herein referred to as "Grantor") for and in consideration of the sum of ONE DOLLAR ($1.00)
and other good and valuable considerations, the receipt of which is hereby acknowledged by
Grantor, paid by the Florida Keys Aqueduct Authority (hereinafter referred to as "Authority"),
does grant, sell and convey, unto Authority an easement under the following terms and
conditions:
1. Grantor hereby grants to the Authority an easement under, over, across and upon the
following described property:
A portion of MacDonald Avenue, lying South of Lots 11, 12, 13, 14, & 15, Block 31 and North of
Lots 8, 9, & 10, Block 35, and Northerly of Maloney Avenue (as existing and constructed)
"MALONEY'S SUBDIVISION OF STOCK ISLAND". a subdivision of Government Lots 1, 2, 3,
5, & 6, Section 35, Government Lot 2, Section 36, Government Lot 3, Section 26, and
Government Lot 2, Section 34, all in Township 67 South, Range 25 East on Stock Island
according to the plat thereof, as recorded in Plat Book 1 at Page 55 of the Public Records of
Monroe County Florida, and being more particularly described as follows:
BEGIN at the Southeast corner of said Block 31; thence S 00°05'34" E along the Southerly
extension of the Easterly line of said Block 31 for 60.00 feet to the Northeast corner of said
Block 35, thence S 89°5426" W along the North lines of said Lots 8, 9, & 10 for 142.91 feet to
the Northerly Right -of —Way line of Maloney Avenue and a point on a curve, concave to the
Southwest; having a radius of 985.40 feet, a central angle of 06°30'34' ; a cord bearing of N
73°15'02 "W and a cord length of 111.89 feet; thence along the arc of said curve, an arc length
of 111.95 feet to the Southerly Extension of the Westerly Line of said Lot 15; thence N 0090534"
W along the Southerly extension of the Westerly line of said Lot 15 for 27.58 feet to the
Southwest corner of said Lot 15, and also being the Northerly Right -of -Way line of MacDonald
Avenue, thence N 89°5426" E along the Southerly lines of said Lots 11, 12,13, 14 & 15 of the
Northerly Right -of -Way Line of MacDonald Avenue for 250.00 feet to the point of Beginning
containing 13,145.43 square feet or 0.3018 acres, more or less.
2. Authority, its successors and assigns, shall have the right to construct, reconstruct, lay,
install, operate, maintain, relocate, repair, replace, improve, remove, and inspect water
transmission distribution facilities, wastewater collection and transmission facilities, 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
3. 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 Authority's safe or proper installation, operation,
maintenance, inspection, or removal of the water transmission and distribution facilities,
wastewater collection and transmission facilities, and all the appurtenances thereto
located in the easement area Grantor shall have the right to make any other use of the
easement area which does not interfere with the Authority's rights.
4. Any obstruction to the safe or proper operation, maintenance, inspection, or removal of
Authority water transmission and distribution facilities, wastewater collection and
transmissions facilities, and all appurtenances thereto may by removed by the Authority
at Grantor's expense.
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 the
Authority.
6. Grantee shall hold Grantor harmless for the acts and omissions of its officers, employees,
agents and contractors, and upon the representation that Grantee is a state governmental
agency as defined by Florida Statutes and shall maintain suitable Public Liability
insurance or be self -insured, in amounts adequate to respond to any and all claims within
the limitations of Florida Statute 768.28 arising out of the activities authorized in this
easement, as reflected by the Grantee's acceptance of the conditions below.
7. All covenants, stipulations, terms, conditions, and provisions of this agreement shall
extend to and be made binding upon respective successors and assigns of Authority and
Grantor. It is intended that this agreement shall be recorded and be binding upon future
owners of the above described property and the Authority, and all successors thereto.
8. The Grantor does hereby warrant it has full power of authority to grant this easement.
IN W11NESS V FMREOF, the Grantor has hereunto set its hand and seal this day of October
17, 2012.
[SEAL)
ATTEST: Danny L. Kohlage, Clerk
By:
Deputy Clerk
Date:
WITNESSES for FKAA:
Sign Name:
Print Name
Date:
Sign Name:
Print Name
Date•
(GRANTOR)
Board of County Commissioners of Monroe
County, Florida
By:
David Rice, Mayor
Date:
FLORIDA KEYS AQUEDUCT AUTHORITY
By:
Title
Date:
MONROE COUNTY ATTORNE
APPROVED AS TO FQ �
NATILEENE W. CASSEL
STATE OF FLORIDA ASSISTANT COUNT—ATTORNEY
Date /b ' � - �i2
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of . 2012, by
, whose is on behalf of FKAA, who is
personally known to melhas produced as identification.