Item P5BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 5/16/12 — Key Largo Division: County Attorney
Bulk Item: Yes No XX Staff Contact Person: Bob Shillinger, 292-3470
AGENDA ITEM WORDING: Approval to grant a 1-foot wide, non-exclusive easement that runs
parallel to the mean high water line on Fourth Street on Summerland Key and which commences at the
center line of Fourth Street and extends southward to Lot 20, Summerland Beach Addition No. 1.
ITEM BACKGROUND: This is the last piece to resolve the matter of Klimock v. Monroe Count&
State of Florida Board of Trustees of Internal Improvement Trust Fund, Case No.: CA-K-10-969. The
County previously renounced any claim it might have had to the land beneath the rock jetty extending out
from the end of Fourth Street into the Atlantic Ocean that is located over State sovereign submerged
lands. The State of Florida has agreed to resolve the case with the Khmocks if they possess a minimally
sufficient possessory interest in the upland portion of Fourth Avenue. Per the Department of
Environmental Protection, the proposed easement on Fourth Street is the minimum necessary to establish
that upland interest under Rule 18-21.003(60) of the Florida Administrative Code. The easement is non-
exclusive in nature so the public still would have access on Fourth Street down to the mean high water
line, i.e., the extent of the access on the publically dedicated street.
PREVIOUS RELEVANT BOARD ACTION: On September 21, 2011, the Board authorized County
Attorney to execute agreed final judgment where County renounced interest in land beneath the rock jetty
below mean high water line.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS:
Approval
TOTAL COSTS: none INDIRECT COST: none BUDGETED: n/a
COST TO COUNTY: none SOURCE OF FUNDS: n/a
REVENUE PRODUCING: Yes No XX AMOUNT PER MONTH Year
APPROVED BY: County Atty XX OMB/Purchasing Risk Management_
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
LEE R. ROHE
ATTORNEYpILT66WED
P.O. BOX 420259
25000 OVERSEAS HWY - PR 101'
SUMMERLAND KEY, FL 33042
MONROE COUNTY ATTORNEY
SENT VIA FACSIMILE AND U.S. MAIL
April 24, 2012
Robert Shillinger, Esq.
Chief Assistant Monroe County Attorney
1111 121h Street, Suite 408
Key West, Florida 33040
TELEPHONE (305) 745-2254
FAX: (3051745-4075
E-MAIL Irrlaw@bellsouth.net
Re: Klimock v. Monroe County and State of Florida Board of
Trustees of the Internal Improvement Fund, Case No. 2010-CA-969-K
Dear Bob:
Per our prior discussion, enclosed please find the one -foot wide, non-exclusive
easement which is necessary for the settlement of this case between the State of Florida
Board of Trustees of the Internal Improvement Fund (DEP) and my clients.
I am hopeful that you may be able to place this as a bulk item on the agenda of the
next regular BOCC meeting for Board approval. Should you have any questions or
changes to the proposed Easement, please feel free to contact me at anytime.
Thanking you in advance for your consideration.
Sincerely,
VeeR.ohe, Esq.
cc: client
This Instrument Prepared By:
Lee Robert Rohe, Esq., P.A.
25000 Overseas Highway
Summerland Key, Florida 33042
(305) 745-2254
Florida Bar Number: 271365
EASEMENT
THIS GRANT OF EASEMENT made on , 2012, by and between
Monroe County; hereinafter "Grantor," and Gregory Klimock and Betty Klimock,
husband and wife, hereinafter "Grantees."
WITNESSETH that:
WHEREAS Grantor has accepted the public dedication of Fourth Street.
WHEREAS Grantees are the fee simple owners of Lot 20, Summerland Beach
Addition No. 1, which is located adjacent to and south of the southerly platted right-of-
way line of Fourth Street. Grantees desire an easement over a portion of Fourth Street in
order that the Grantees shall have satisfactory evidence of "sufficient upland interest" as
defined in Rule 18-21.003(60), Florida Administrative Code, for purposes of obtaining a
sovereignty submerged lands lease from the Board of Trustees of the Internal
Improvement Trust Fund of the State of Florida.
WHEREAS Grantor has agreed to grant a non-exclusive easement to Grantees
over and across that portion of Fourth Street more particularly described in Exhibit A
attached hereto and made a part hereof under the terms and conditions set forth herein.
NOW, THEREFORE, Grantor, for and in consideration of the sum of $10.00
and other valuable consideration paid by Grantees to Grantor, does hereby grant to
Grantees and Grantees' heirs, successors, and assigns, a perpetual non-exclusive
easement, together with riparian rights, over and across the real property described in
Exhibit A.
IN WITNESS WHEREOF, Grantor's Mayor has set his hand and seal on the
day and year first written above.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
MAYOR
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
By:
Deputy Clerk
MONRpg v p,S FOR
AP?
' SHILLINGER' �R
Ft ERT g, COU TY� TTORNEY
CHIEF AS�TAN
date•. - .
EXHIBIT A
That portion of Fourth Street, according to the plat of Summerland Beach,
Addition No. 1, as recorded in Plat Book 3, Page 20 of the Monroe County Public
Records described as follows:
A one -foot wide strip of land in Section 36, Township 66 South, Range 28 East,
said one -foot -strip of land located along the eastern terminus of Fourth Street, located
contiguous with and landward of the mean high water line of Niles Channel, lying
between the northerly line of Lot 20 and the centerline of Fourth Street, as shown on the
plat of Summerland Beach Addition No. 1, recorded in Plat Book 3, Page 20, Public
Records of Monroe County, Florida.
Niles Channel, Summerland Key, Monroe County, Florida,
as follows:
Lot 20, "SUMMERLAND BEACH ADDITION NO. 1 ", according
it Book 3, Page 20, of the Public Records of Monroe
along the Northerly Line of said Lot 20 (also being the
treet for a distance of 480.00 feet to the platted
Deed No. 22215; thence continue along the extension of
yet for a distance of 50.57 feet to the intersection of
inning; thence continue S 72'34'57" E along the said
also being the Northerly Line of TIIF Deed No. 22215) for
ider the Boulder Rip —rap and the Approx. Mean High
metes and bounds; (1) thence N 54'32'39" W for a
t5'09.36" W for a distance of 10.78 feet; (3) thence N
eet; (4) thence N 66'33' 18" W for a distance of 27.98
distance of 16.68 feet to the Approx. Mean High Water
'22" W along the said Approx. mean High Water line of
op for a distance of 8.58 feet; (7) thence S 56'26'40" E
Ant of Beginning. ,
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