Item P6BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 16, 2012 Division: County Attorney
Bulk Item: Yes _ No xxx Staff Contact Person/Phone #: Bob Shillinger, x3470
AGENDA ITEM WORDING: Approval of resolution invoking the Florida Governmental Conflict
Resolution Act with the Utility Board of the City of Key West doing business as Keys Energy Services.
ITEM BACKGROUND: Keys Energy has given notice to the County that on May 9, 2012, it intends
to enter into a contract to extend its utility line on No Name Key and begin construction as early as
June of 2012. Section 130-122 of the County Code prohibits the extension of new utilities on islands
in the Coastal Barrier Resources System, such as No Name Key. The applicability of that ordinance to
Keys Energy Services has yet to be determined by a Court as the decision that dismissed the County's
prior declaratory judgment action is pending on appeal and did not reach the merits of the dispute.
The Florida Governmental Conflict Resolution Act is set forth at chapter 164 of Florida Statutes and
was adopted to give governmental entities a conflict resolution procedure that can provide an equitable,
expeditious, effective, and inexpensive method of resolution of conflicts without having to resort to
litigation. The Act directs governmental entities to use the conflict resolution provisions set forth in
the act prior to resorting to litigation. The provisions of the Act can be dispensed with upon a three
fourths vote that finds that an immediate danger to the health, safety, and welfare of the public requires
immediate action or that significant legal rights will be compromised if a court proceeding does not
take place before the provisions of this act are complied with. F.S. 164.1041(2).
The intent of the resolution is to invoke the dispute resolution process as an alternative to filing a
separate suit against Keys Energy.
PREVIOUS RELEVANT BOCC ACTION: BOCC adopted ordinance 043-2001 on December 19,
2001, which prohibited extension of public utilities in CBRS units. BOCC authorized filing a
declaratory judgment action against KES in December 2010. BOCC authorized staff to join in the
appeal of dismissal of declaratory judgment action in February 2012.
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS: Approval
TOTAL COST: n/a INDIRECT COST: n/a BUDGETED: n/a
DIFFERENTIAL OF LOCAL PREFERENCE: n/a
COST TO COUNTY: n/a SOURCE OF FUNDS: n/a
REVENUE PRODUCING: n/a AMOUNT PER MONTH Year
APPROVED BY: County Atty xx OMB/Purchasing Risk Management
DOCUMENTATION: Included xxx Not Required
DISPOSITION:
AGENDA ITEM # P6
* REVISED BACK-UP
(Includes resolution/demand letter)
Revised 1/09
RESOLUTION NO. -2012
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
AUTHORIZING THE INITIATION OF CONFLICT
RESOLUTION PROCEDURES AGAINST THE UTILITY
BOARD OF THE CITY OF KEY WEST, DOING BUSINESS
AS KEYS ENERGY SERVICES, AS PROVIDED BY
CHAPTER 164 OF THE FLORIDA STATUTES.
WHEREAS, the Utility Board of the City of Key West, d/b/a Keys Energy Services
(hereinafter "KES") has provided notice to the County that it intends to extend electric service to
No Name Key as early as June of 2012; and
WHEREAS, in a letter dated April 19, 2012, a copy of which is attached hereto and
incorporated by reference herein as Exhibit A, KES has indicated that work will commence to
run its utility line as early as June of 2012; and
WHEREAS, Section 130-122 of the Monroe County Land Development Code (MCC)
prohibits the extension of commercial utilities including electric lines on islands that are part of
the Coastal Barrier Resources System (CBRS); and
WHEREAS, the County previously filed an action for declaratory relief against KES
seeking a judicial determination regarding the applicability of MCC Section 130-122 to the line
extension being contemplated by KES; and
WHEREAS, in February 2012, the Circuit Court dismissed the County's suit against
KES and others on the grounds that it lacked subject matter jurisdiction over the dispute; and
WHEREAS, KES took no position on the motion to dismiss, which had been filed by
another party to the lawsuit; and
WHEREAS, the Circuit Court's decision was not a decision on the merits of the
underlying question of the applicability of MCC Section 130-122 to KES; and
WHEREAS, the Circuit Court's decision is currently on appeal in the Third District
Court of Appeal; and
WHEREAS, MCC Section 130-122 is still in effect, and its applicability to KES has not
been determined by any court of competent jurisdiction; and
WHEREAS, on May 3, 2012, Alicia Roemmele-Putney, through counsel, formally
demanded that the County enforce MCC Section 130-122 and relevant portions of the
Comprehensive Plan in a letter which is attached hereto and incorporated by reference herein as
Exhibit B; and
WHEREAS, under the Florida Environmental Protection Act, the County may be
compelled by Court order to enforce its regulations that are designed to protect natural resources;
and
WHEREAS, the proposed extension of Keys Energy Services' utility line will cross over
lots owned by the County; and
WHEREAS, a question has been raised as to whether KES has all of the easements in
place which are necessary to extend the line; and
WHEREAS, Chapter 164 of Florida Statutes provides a dispute resolution mechanism
for resolving disputes between governmental entities prior to litigation; and
WHEREAS, invoking the dispute resolution process set forth in chapter 164 of Florida
Statutes will promote the orderly expenditure of public and private resources by potentially
eliminating unnecessary litigation expenses;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. The following are findings of fact by the Board of County Commissioners:
A. Section 130-122 of the Monroe County Land Development Code prohibits the
extension and/or expansion of public utilities in the coastal barrier resources
system overlay district;
B. No Name Key is located within a coastal barrier resources system overlay district;
C. Keys Energy Services' announced intention to extend a utility line on No Name
Key violates MCC Section 130-122;
D. MCC Section 130-122 was adopted to promote the protection of natural resources
located in areas designated by the Federal government as units of the coastal
barrier resources system;
E. The County has a duty under the Florida Environmental Protection Act to enforce
its ordinances which are adopted to promote the protection of natural resources.
Section 2. As a result of these and other factors, the County believes that KES should not
proceed with an extension of its utility line on No Name Key until both governmental entities
have attempted to resolve their differences through the conflict resolution process set forth in
Chapter 164, Florida Statutes.
Section 3. Monroe County shall initiate the conflict resolution procedures pursuant to Chapter
164, Florida Statutes, as required prior to initiating court proceedings to resolve the conflict
between KES and Monroe County as to the applicability of MCC Section 130-122 and related
provisions of the Monroe County Comprehensive Plan, as well as the nature and scope of the
easements in question on County owned property on No Name Key.
FL Gov Conflict Resolution Page 2 of 3
Keys Energy/NNK BOCC 5/16/12
Section 4. Within five (5) days following the adoption of this resolution, the County
Administrator is directed to send a letter and a certified copy of this Resolution to the Chief
Executive Officer of the City of Key West Utility Board doing business as Keys Energy Services
by certified mail, return receipt requested. The letter shall contain, at a minimum, the
information required by section 164.1052(1), Florida Statutes.
Section 5. The Monroe County Attorney or designee shall represent the County at the
conflict resolution hearing.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on May 16, 2012.
Mayor David Rice
Mayor Pro Tem Kim Wigington
Commissioner Heather Carruthers
Commissioner Sylvia Murphy
Commissioner George Neugent
(Seal) BOARD OF COUNTY COMMISSIONERS
Attest: Danny L. Kolhage, Clerk OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
FL Gov Conflict Resolution Page 3 of 3
Keys Energy/NNK BOCC 5/16/12
By,
Mayor/Chairperson
MONROE COUNTY ATTORNEY
APPROVF-AS TO FORM:
SUS M. GRIMSLEY
ASSISTA COUNTY ATTORNEY
(30S) 295-10M
10013ames Street
PO 11= 6100
Key West, FL 33090-6100
wwwXepErw W.wn
UTILITY BOARD OF THE CITY OF KEY WEST
April 19, 2012
Bob Shillinger
Chief Assistant County Attomey
1111 12"' Street
Suite 408
Key West, FL 33040
RE: No Name Key Electrical Service
Dear Bob,
On March 7t', 2012, the Utility Board of the City of Key West approved a line extension
agreement with the "No Name Key Property Owner's Association (HOA)" for the extension
of electrical service on No Name Key.
Keys Energy Services (KEYS) is in the process of awarding contracts for construction on
May 9th, 2012. Construction will commence within 30-60 days after award.
KEYS and the HOA believe we have all the permits and easements in place in order to
proceed.
I have attached supporting documentation on the easements as they relate to the
properties on Tortuga and Bimini Lanes.
Sincerely,
le Finigan
Director of Engineering
Dale.Finigan6KeysEnergy.com
DF/mpd
c:
L. Tejeda, General Manager & CEO
1. Wetzler, Asst. General Manager & CFO
A. Tejeda, Director of Customer Services
N. Eden, KEYS Attorney
April 6, 2012
Ms. Kathy Broom
NNKPOA
32731 Tortuga Lane
No Name Key, FL 33043
RE: Line Extension *746
Dear Kathy,
KEYS is proceeding on various work tasks associated with Line Extension #746. Since
the March 7s' Utility Board meeting when the line extension was approved, KEYS staff
has:
• Issued KEYS BID #08-12SPECIFICATIONS FOR CONSTRUCTION OF OVERHEAD
ELECTRICAL HIGH VOLTAGE SYSTEM — NO NAME KEY — which Is scheduled for
opening on April 13, 2012;
• Issued KEYS BID #09-12 SPECIFICATIONS FOR BRIDGE CONDUIT SYSTEM — NO
NAME KEY- which is also scheduled for opening on April 13, 2012; and
• Placed order for High Voltage cable for the Bridge crossing (to be installed In the
conduit system).
Article )Q regarding Easements and Permitting requires all easements to be obtained
prior to KEYS commencement of construction. During a meeting with you at KEYS
offices on March 9, 2012, we discussed the easements necessary for the aerial crossing
of four Monroe County owned lots and one Land Authority owned lot. You indicated
that the NNKPOA feels confident that the easements already exist and provided a letter
dated March 18, 2012 supporting your assertion (attached).
Ms. Kathy Brown
Page 2
April 6, 2012
Please advise In writing which course of action you would like KEYS staff to take:
1. Proceed with construction based upon NNKPOA assertion that the easements
exist as documented in your March 18, 2012 letter. In moving forward with this
option, NNKPOA again acknowledges and confirms that they will be wholly
responsible for any and all expenses including but not limited to legal expenses
that may arise as a result OR
2. Design alternate route and pursue any necessary easements from property
owners on the alternate route.
I look forward to hearing from you.
Sincerely,
Lynne E. Tejeda
General Manager & CEO
Lynne.TejedaDKw9ne gy.com
C:
]. Wetzler, Assistant General Manager & CFO
D. Finigan, Director of Engineering & Control Center
A. Tejeda, Director of Customer Services
N. Eden, KEYS Atbomey
File: CUS-201
March 18, 2012
Dear Ms. Tejeda,
Pursuant to Article XI, Easements and Permitting, of Electric Extension
Agreement Line Extension # 746, the following assurances are provided to
Keys Energy Services regarding necessary easements for the extension of
public utilities.
No Name Key Homeowners Association acknowledges that all prroperdes
located in the un-recorded community commonly refereed to as the "East -End
of No name Key" have an easement, more specifically described below, which
can be used for public utilities and the accomplishment of the Line Extension
Agteemem.
The easement and the property ("the land") is described in the official land
records of Monroe County, Florida consisting of records comprised of (a) tract
books; (b) computer records, (c) grantorigrantee indexes, during the period of
time from January 31,1973 to March 1, 2012.
The easement was created by a Quit Claim Deed filed January 31, 1973,
recorded in Official Records Book 528, Page 536.
The easement was more specifically described and tinther identified in a
document entitled:
Grant of Easement filed August 29,1995, recorded in Official Records Book
1367, Pap 1247.
Deeds of Conveyance on all "land" subject to the easement are particularly
described as certain individual Lots 1— 32 of the "unrecorded plat of property
located in Government Lot 5, Section 18, Township 66 South, Range 30 East,
on No Name Key, Monroe County, Florida." (Survey Plat attached.)
Since W,, n
Kathryn 11romii0resident
Mission Statement:
The No Name Key Property Owners Association supports bark infrastructure topet ovements Including a central
sewer connection and its electrical paiver needs for residents of No Name Key in Monroe County, Florida The
Associmlon does W advocate development of the island and has, as Its principal goal, the long term, multi
generational.. and protection of the islands unique character that Is achieved by Its limited density and abundance of
na1mv. The Assoclation is a strong adlweate of a central sewer system to protect our inshore and near shore waters
from pollatlon. Tire Associatioty while an advocate of grld•de solar net metering and the environmental beneJHs it
offers the world feels that no one should be forced nor denied civilkation's most basic Infrastructure improvements
such as central sewage treatment and disposal. or commercial electricalpower.
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correct. to tha best of my -~
1Lhow3adge and boMat as V _ 3 3• .
prepared by me.5. I•-jr
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No Mmic lac} 11rulwriN 0%%ner'-, ANsoci ation
April 12, 2012
Dear Ms. Tejeda,
NNKPOA, Inc would like you to proceed with contraction. We assert the easements
exist as documented in our March 18, 2012 letter and the additional backup documents
attached to this letter (see attachments: Quick claim deed, Grant of Easement, and
Florida Statute 704.01). The recorded easements contain public utilities placed
underground for residential telephone services. That is to say public utilities already
exist in the easements.
We, NNKPOA, Inc. acknowledge, as outlined in our contract with KES, Article X1 we
are responsible for any and all expenses including legal expenses that may occur.
Sincerely,
Kathy Brown, President
Attachments: Quick claim deed, Grant of Easement, Florida Statute 704.01
Mission Statement
The No Name Key Properq, Owners Association supports basic igfrastructure improvements including a central
sewer connection and its electrical power needs for residents of No Name Key in Monroe County. Florida The
Association does not advocate development of the island and has, as its principal goal, the long term, multi
generational and protection of the islands unique character that is achieved by its limited density and abundance of
nature. The Association is a strong advocate of a central sewer rystem to protect our inshore and near -shore waters
from pollution The Association, while an advocate ofgrid-tie solar net metering and the environmental benefits it
q(fert the world feels that no one should be forced nor denied civilization's most basic Igfrasirticture improvements
such as central sewage treatment and disposal, or commercial electrical power.
Statutes & Constitution :View Statutes: Online Sunshine Page 1 of 2
Select Year: 2011 C '
The eon Florida Statutes
Title XL Chapter 704 t E111(1liA ChWAm
REAL AND PERSONAL PROPERTY EASEMENTS
704.01 Common-law and statutory easements defined and determined.—
(1) IMPLIED GRANT OF WAY OF NECESSITY. —The common-law rule of an implied grant of a way of
necessity is hereby recognized, specifically adopted, and clarified. Such an implied grant exists where a
person has heretofore granted or hereafter grants lands to which there is no accessible right-of-way
except over her or his land, or has heretofore retained or hereafter retains land which is inaccessible
except over the land which the person conveys. In such instances a right-of-way Is presumed to have
been granted or reserved. Such an implied grant or easement in lands or estates exists where there is no
other reasonable and practicable way of egress, or ingress and same is reasonably necessary for the
beneficial use or enjoyment of the part granted or reserved. An implied grant arises only where a unity
of title exists from a common source other than the original grant from the state or United States;
provided, however, that where there is a common source of title subsequent to the original grant from
the state or United States, the right of the dominant tenement shalt not be terminated if title of either
the dominant or servient tenement has been or should be transferred for nonpayment of taxes either by
foreclosure, reversion, or otherwise.
'(2) STATUTORY WAY OF NECESSITY EXCLUSIVE OF COMMON-LAW RIGHT. —Based on public policy,
convenience, and necessity, a statutory way of necessity exclusive of any common-law right exists when
any land, Including land formed by accretion, reliction, or other naturally occurring processes, or
portion thereof, which is being used or is desired to be used for a dwelling or dwellings or for
agricultural or for timber raising or cutting or stockrabing purposes is shut off or hemmed in by lands,
fencing, or other improvements by other persons so that no practicable route of egress or ingress is
available therefrom to the nearest practicable public or private road in which the landlocked owner has
vested easement rights. The owner or tenant thereof, or anyone in their behalf, lawfully may use and
maintain an easement for persons, vehicles, stock, franchised cable television service, and any utility
service, including, but not limited to, water, wastewater, reclaimed water, natural gas, electricity, and
telephone service, over, under, through, and upon the lands which lie between the said shut-off or
hemmed -in lands and such public or private road by means of the nearest practical route, considering
the use to which said lands are being put; and the use thereof, as aforesaid, shall not constitute a
trespass, nor shall the party thus using the same be liable in damages for the use thereof, provided that
such easement shall be used only in an orderly and proper manner.
Hfftry.—s.1. ch. 7326, 1917; RGS 4999, CGL 7088, s. 1, ch. 28070, 1953; s. 220, ch. 77-104; s. 1, ch. 91-117; s. 788, ch. 97
AM; ss. 1, 2, ch. 2005-214.
http://www.leg.state.fl.us/Statuteslindex.cfm?App mode--Display_Statute&Search String=... 4/6/2012
f
•' Statutes & Constitution :View Statutes: Online Sunshine
Page 2 of 2
'Note. —Section 2, ch. 2003.214, reenacted subsection (2) as ft existed prior to amendment by s.1, ch. 2005-214, "[e]
ffective only if a court determines that subsection (2) ... , as amended by [s. 1, ch. 2005-214], is unconstitutional and such
determination is upheld on appeal," to read:
(2) STATUTORY WAY OF NECESS" EXCLUSIVE OF COMMON-LAW ROIT.—Based on public policy, convenience, and
necessity, a statutory way of necessity exclusive of any common-law right aadsts when arty land or portion thereof outside any
municipality which is being used or desired to be used for a dwelling or dwellings or for agricultural or for timber raising or
cutting or smckralsing purposes shall be shut off or hemmed in by lands, fencing, or other improvements of other persons so
that no practicable route of egress or Ingress shall be available therefrom to the nearest practicable public or private road.
The owner or tenant thereof, or anyone in their behalf, lawfully may use and maintain an easwrient for persons, vehicles,
stock, franchised cable television service, and any utility service, including, but not limited to, water, wastewater, reclaimed
water, natural gas, electricity, and telephone service, over, under, through, and upon the lands which He between the said
shut-off or hemmed -in lands and such public or private road by means of the nearest practical route, considering the use to
which said lands are being put; and the use thereof, as aforesaid, shag not constitute a trespass; nor shall the party thus
using the some be liable in damages for the use thereof, provided that such easement shall be used only in an orderly and
proper manner.
Copyright a 1995-2012 The Florida Legislature - P_c,y Statement . Contact Us
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.t pnronl er loran Inn ••u•t e[ 6+t•nt9tmnnL ln•: +, ovatiln 16, TAAS-, N.3G•:., ell
He Ys1►r Key, 4rnlw" :•unt;t, yIn:•illn nlut lu•Inr• Ik1tM .arLllxllarly dnacrlb"u by mottle
and bocnd t an fallelrs: VcL- eltcing at Lh 1 Hort1•4W L C.Ir•.rr or Uovr rnmant ..at 5, beau
South, 3113 fget; iherace war ::ant, 3215 fm1. Ln Ute POINT .tie 1110TiNIVIG of thn ltarcai of
3nnd h2rainnrtne e:r+erit-WI Lj••rnn continua Wit", 60 1'ontj Lhnnoo hlh'i.oar I.: I'll, 50
feet to a caltal; thnnev b11.•u• :drsL, alnnI9 anid canal, (30 rent; thence boa. ;tenth}
W4.50 feet., back to Ile :'DINT IW IIWiIINITIMI eubjoot to a 25 feet jtaaearrnL an Lhe
South aide. - -- • ... -- _ ---_
LOT 20t••
A parcel of la:at in '1 n.'1: a t r '1nv,rnmcnt Let 5, :lacti•an 3)), T.(i 1S-j N.301:., en
No Nome Kay, A.11rnC Csnnty, p%pri lla aril ta•iru IMre n lrtiavlarlY dticarLbed by metna
and bounds as follows Coly oncinr at the H&j,VWnttt cfrI .•r of navl•rnmont iwt 5, toot
South, 3113 fnetp t1t.."no bear +net, 205 toot to tltn 120I1!T OW tt:YFI1I41�iG or tlau I•eroel
of land 1wrr:inartor decorib:•tt; tltnttec onntinue R•:rt, 5C A.ct; timnor. hear NeI•th, 1h1.50
feet to a canall them••o b•vr :inlet, nl1111 da111 mood, 60 [a•0tj Ulrnao boar 8navdt,
1b1.50 f•.rt, back to Ule .'1.11 1• IV didlTtgalll0, aubient to a 25 frnl Knnnlnnnt on Tile
Son it side.
LOT 211-
A parcel nr land to a •t'+rt ,c Inv ,•, nt Lot 5, 'Aatinn 18, T.M4.0 lt.30b•, on
I;o Name Key, Mnnrre County, Fl•,rift toll bring :'tare particularly dtaor!lml by metes
a•ld bounds sin follctesl Curx.netn.. at Um 11nortinleat 0nrnor nr Anva•.t9mvint lot r, Naar
South, 343 Prot t n•r brat Kwtto, 265 font to the P0III'1' r•F P.:31113!TIIG of th- r:arcel
of land Ixmin.t'1 1 •rrlhcal: illntun a•+ntinito !taut, 60 faebj U.unce bane 'lorth,
141050 feo% to a e1tt�1; Wle. c•1 'ar:a• d AlnnP mitt acural, !L! rant I fhe.nae bear
S..Uth, 3h1.50 plat, bnek to U10 r•%)I,: r (jF 0121111 rjt M, eubiaot to o Z5 [net 103eme"L
an the Sn•Iul aide.
LOT 22 t-
A parcel of land in a part of new.rMlint 'Lot 5, :Motion 10, T.663., 11.30M, all
No Nana Key, Horttne llnnntt+r, Ylrn•lda and b..ing trlre particularly dnaoribnd by •4eW
and bowels an Wlawt CoaZ=11nll iL tlta 11et•tdrrost Corner of 0ovetnmer,L InL ,, bear
Routh, 343 rnetj hence boar Mot, 325 goat tn• tjl0 t10ipT OF al'r7)INHLNA of thv :.arool
of land hort4naftar doseribod; t:tonoo oontbnuo Sant, 60 feat) thence btor :lorth,
241.8"n feet to a canal, tllnnoe 1% -r Woolip anon;; avid canal, 60 feat; t.lel:Cr, bear
ldt:•th, 3hl.5n fnat, bad: to the :1l1ITIT GF O a)I111MIn, 811L,jeet to s 21s trot I.Ala ►ent
�y on the Ree11 side.
parcel of land in a part rI aovn rnm►nt Lot 3, libation 16i TAM., R.10E.n
He Items &WO Hare* County, '.'lrrblg and twj R MI•n particula:ly doaaribbd �iy t+astne
4;�•! �,;', add bouuls as follelrot Cr- .mairit at the Tlortirdo.•1t Cob ixC Iinvo-r leant Lot 5, bear
:i;1'.,,�� •t.::. Booth# 343 feet; thaneo bars &at, 365 toot to tlae 1301'1 ct, :FAj"lHII of tine parcel
1!Ek t/ ,• ef' Land heraia,:fbir deecri4.td; thence aentinue Mart, 60 fart thence boa, North,
tlpt' r..f:: , • 1h1.5b tact to a canal( •thur" bn-r %%at, alone, enid canal] 60 foot; thenco br •rr
loot, bft*k to `d a IsM."r,` it? 11 01'IHiHO, subject to a 25 tPo, &boliasnt
�ii•'}�• 1;1•..r:k',' di tM 8t1nt11•aitle!r__ _ .. _..... _..._..._ _._.....___ ._.._._ .._ . ___ ... _�._ __ .._.....__
,�.
l t iba tFlt1} : `�• \.: °):XNIAIT A'
V '528 PaE 538':
A parcel of Iluld In A ohrt !-f 1ktveA
50 section l0 't.fA.I., R•3"• on
He Name Key, INnrrw polity, Mlt A.nR more trnrtiou{arlsr rlvsoribod by ursl.ee
and bonnssa on I'Ml twres rle•,rnrsnninR 1krUsinst dornnr of 0ew1weenb Tat $, bear
South, 3113 fteab; thntice bn:n• sprat, 111tN feet to tine PMOT V 11WI 1111IHt1 of the parcel
of late. loorellni'b•r elerscribsolr lit -man woUnue 111'nt, 60 hoot) tllonee beer tlorth,
141.50 font tq a essnal; lArtnew b t:tr riont, 0 4W. paid onnel, 60 rsw b; thence bear
south, 21r1.5tb fa•stt, book La Vies .4t1'ri (it? lWrp!T+al, nubjouL +,a a 25 foot tielneuorst
an din inuth wldo.
RUM .
A parcel of land in a hart of Wwar•nnemt Tat 5, neation 10, T.dlt., 11.30P», on
He Hume Kay, W.itras co.-r ee Florida and beling lire uarLLanlarly described bvx,%t -s
atrl beurnbr an f0lowas On wnuinR at the 11obtlwo-it i1ornar of flawerrltnent Let 50 butr
tiSeutiy 31A tort; t!r•nee b.tar dv%, 105 Visit to them 9TIVIT F I1W11.111 r of the pal ztl
11f :.And Itort4 n-.ft•n• th.tet ibadj ih-lnce arntimas nH Haut, 60 rootsi the+ War ertiar
\..90 fort to a eanall thanes b.•r.r Wast. a.rnle *aid +anal, 60 foot; thaloe bear
Routh, Wit Vi0 r-its lwak to tto lY1"a t tw **A milibt, ottbjoct'A a 25 feat Raeemer
an ter pods nitla.
LUC 26t-
A parool of larnl in a part of fkm:risimint Tab k, dtoctioa 10, T.66:1., 1 304 on
He tls w Key, Honroe t.naniv, Florian wul batnR scorn pnrt4oriarly do -,Abed 4+ tan ns
and bounds as followds Cv=onolrno .A the Horthtront Cornor OF 0overnmiety lob 5, brar
Csutb, 343 fe•atj Umnon b••lr Bnr:L, 565 font to tin X411T 118.10011111I'I0 of the ur% -ae:
or land Iwraimart•r, dw:cribadj thstict cantinno Enzt, 60 f6att thence boar ILerth,
Wil.50 .Foal. to a aanalj th.sncu bsrr rl.ut, ul•tnR aald cAwn, 6D rust; tlt �ooa.•
Sau'Jt, 1J11.,50 toot, back to the 10VIT rit U.OM.'MIF), aub•v;e. to 4 25 foot d9reanst
on the 3outis slide.
TAT 27s
A parcel of larbi In a •.trt of Oev.rrment TAt 5, 3ectien 14 •T.663., L308. on
He Here Key, %6uroe ostatty, Rlea•lrla aryl bninp more. ,'1#':* Lcu1,r3jv do+or"lleed by motes
tutd ImmuLa no falteaat Ursmcnoi:q: at the Ilnr•L:um L Corner of OoverMant lot 5, bear
3nuUt, 343 fact; th•sstco beer 4swL, G?$ feat to Lhe (irl!"r ra(r 1111JJIt111I1:0 of the parcel
of land lutruinafiv. dk,nwItrtd; t:"unco oanLi lneo Lunt., do Fret; thane .: r t'e»th,
3111.$0 So-,t to a estnalj tisrnen bc• r W-st, ale 4: wild oanal, 60 foot.; r.:. user
Routh, 1b1.50 font, hack to th r. 11011'r if nrpilil-tire, cub jenL to a 25 frrt sSrev-cent
._ an the Soutlt cilia. ��-
LOT 28 s-
A parcel of land in a tart of flavrernesent Lot 5, loctien 18, T.66S., 14308., on
No time Roy, i!rs un Uaun'ly, Florieh well buinn inset , •srticularly described by sretses
and brsulabi as fell amp i Cotrornnainp a L the But ` . in,.;. 0 ot-nor of Uova"Mat TA % 5, bear
Baud, 31t3 foatj tlannoe boar ;ant, 605 last tr :1.3 .,Or Y W gAMITHIJ, of Nto parcel
of lend hereinaft-r :In•tcr_•andj Nn-wo eontinad t'2a0, 3O fnatl banes ;.tar Loetb,
1h1.50 ft i b io a canal; thanco 1t•,•.r aeut, alon.• u tid oattal, eft fir: t; inerce bear
South, lltl.SO fact, back to the rrst•'= OF i407"' -.10, subloct w a 71; fwt Fieement
on tiro SnuLh aide.
. I44 29 L-
A parcel of land lu'a cart of q*%,wvant Let $, Set, :inn lid, T.be., '4.10L, an
No Htmt2 Key, I✓•ran 0-,nLY, I•'lr•rldt► and bo'.vig R r.� • : tioulavl-, tL•wrtlo a ay motes
and boviesda as Allowat ra:zinnoi•:r; at, that !,-rL'wwA Jwner of Uovorwwait, loot 5, bear
South, 34) fostj thence boar Asset, 945 foot to tba 1".11"T r1+ i3 JIM1110 of the parcel
of land herzinafter tlaroribw1l Chown annUtuto E-at,, ' fettle thence: bear tlorth,
241SO feet tee a oanaalj thtnrtca be-r ilast, 0ornt a:n.t cacti, �i0 feet; thence bear
9euth, lltl.5o iYbt, to to t Lo tine i amt • s' JJdfIT': tIelO, roil.; act to a 25 foot fi..no wn.
an the 8outbe side•
PT321
A potash of land in a Hart of Own •rsvnyt Let $, ;tootian 18 TAW., R.30$.s an
Ho Haws Key, Monron cminly, Yltwidd anti I,ointt more ;ntrtloularly detturihod by metns
and bouside as fallouus Onex.noimt at L.ho Hnrttarant Carnetr a: 0toonuuot4 W. 5, bu-r
South, 343 fnctj thence West- Rant, Ctrs feet to Use .100.T OF 411ILTIM111% of the parcel
of land harainnfter rsnncribed; 9:aAao conttnuo Sant, 60 rant; thence beer Ilorth
2kl..5r', C-at to a annals ttmwaa W. r West, Along Paid canal, (10 f110.2 •honest bazar
South, 143.50 fa -A, back to Win .101"T .71F Ikra72 :'ft'i,, oub,eet La a 2. !'not L.tueseent.
on the Sou at aide.
111, 11!!: Ali
aFr :r
!:vr528 ?BE 539
A pAM93. of Bawl in A PW't of 0W**M"t letflnotion 18, , 0111
-No )lone No p V, bni" ionro poirticularlY d-muritd,111 6 148tas
y# Winron C.Unk narida and 11artIrdout Oortier air WmiTmols let 5, hs-r-r
an ro)".6m I am-mrow. At th,j
ra'4th" 343 bet) thitym be- r Root, 865 toot) thanoo bony Barth, 70*75
POINT + BNX11oll"a or tin nvvel of land heraltinfl-ar Aft ie ribidi Vienco, calitimth
Worths 70.75 foot, L-v st canal) thnnoo Imm "t, alomp, told canal, US foot
more or loss, to the 3hornlias of spaimirli Chminalij thomo imandnr the ohorlilim of
banish Clienral Ira a douthoOv direction to a tinint idiiah is 7o.7.5 foci., messurhel
at right u4tles to fjib or, HITPI! No,
gaodUW, critran and nF. Sot from Um K, INT I
4 1 4"10
thence bow ::vat, 2S0 C%uLj I&WO or 11-10, ZV Is'
i, .0
j X,
-duo'Af
be—
I
UF
907355 31 "57 PAUE1247
"
GRAMT OF BASEMENT
STATE OP FLORIDA
COUM OP M0wn
•lip
'CIS INDB1f1= made and entered into on this 'J S day of
-� ,•� •�� , A.D. 1995, by and between Robert L. 8aken and Ruth
+
R. Naken, his wife, and Jack B. Peterson and Marilyn B. Peterson,
his wife, of the County of Monroe and State of Florida, Grantors;
and George Lopez, Barbara Damon, Brunet 0. Damon, Kathryn N. Brown,
t
Robert G. Brown, Steven P. Sergio, Peter S. Sergio, Theresa D.
w•-
R
ao
Jankowski, Dennis R. Jankctmki, Deborah Jane Pinch, Marsha Doan&
'
Fletcher Show, Byle Rose Shea, Linda A. Morris, John D. Dorris,
y v
Angelique Nonrine, Wets Moncine, Dean 0. Thompson, Darl G.
u in
Killer, A. 8dgar Miller, Jr., Joe W. Posed&, Jr. and Dorothy B.
M
w
Pasada, being the amens of gets of the unrecgrded At 4
co o�i
oPetersen
property and the owners of lots s 1-16 of said•nnrelyded
4
e 0
plat, their beirs and assigns forever, Grantees, of 9e Counly of
N m
Monroe and State of Florldai _
WREMSAB, the Grantors are saimed in fee sivole and in
py
possession of real property in Monroe County, Florida described as
19
follows: a parcel of land on the island of No name Key, Monroe
County, Florida being a part of Government Lot 5, Section 19,
r"
N
Township 66 South, Range 30 Bast, and being particularly
_
.more
described as followas Beginning at the NorE?st Corner of said
.
Gaierumout Lot 5; thence run south along the westerly line of said
Government Lot 5, 343.00 feet; thence runiast, 25.00 feet; thence
r
run North, 343.00 feet; thence run West,`25.00 feet back to the
said Point of Beginning.
Aiti s for.Peter cuss Initials for Eake
SIN!/! t
.8. . M.B.P. .S.
Page 1 of 5
kd
a
.. 4.
907355 1357 FA61 1 249
Pell and free right and liberty for them and their tenants,
servants, visitors and licensees, in common with all persons having
the like right, at all time hereafter, for all purposes connected
with the use and enjoyment of the land of the Grantee and those
+b likely situated for whatever purpose the land from time to time
lawfully may be used and enjoyed, to pass and repass along the
provided roadway or roadways more particularly described as
followst
A parcel of land on the Island of No ;tame Key, Monroe County,
Florida being a part of Government Lot 5, Section 16, Township 66
South, Range 30 Bast and being more particularly described an
follows:
Beginning at the the Northwest corner of maid Government Lot
51 thence run South along the Westerly live of said Government Lot
5, 363.00 foot; thence run Bast, 25.00 feet; thence run Worth,
343.00 festp thence run West, 25 feet back to the said Point of
Beginning.
TO RAVE MD 20 BOLD the easement or right of way hereby
granted unto Grantees, their heirs and assigns and those likely s
situated as described above, and their heirs and assigns, as
e
apporteam
t to the land of the Grantees and those likely situated
and every part of it.
It is understood that the easement in given upon the express
understanding and condition that it may be used by Grantore, their
heirs, executors, administrators and assigns in conjunation with
the use of Grantees, their hairs and assigns, others likely
situated and their heirs and assigns.
Initials for Peters ns: Initials for /B00 s:
G� /AF
.S.P. N.Z.P. R.L.B. .E.
Page 3 of 5
3 00 Is =9!r
901355 g�i ?u7 FaIE! 248
WHELtEAS, Grantees axe seized in fee simple of parcels I-32 of
the unrecorded plat of Peterson property an unrecorded plat of
lands located on Ho lame Key, in Monroe County, Florida, which said
lots are depicted on the diagram of plat prepared by C. G. Bailey,
Eegtstezed Florida Land ourvoyar, attached hereto as 8shibit A
beroat, and which lots are individually described by motes and
bounds in the Quit claim Deeds recorded in OR Hook 529 Page 533 and
OR Hook 529 page 536 of the Pablia Records of Monroe County,
Florida, and ,
SAS, Grantors have oonveyed the said lots 1-32 to Grantees
or their prodaueonors in title and,
MENW, drantoxs have agreed in consideration of the sum of
Ten Dollars and other good and valuable consideration to grant to
Grantees and all other persons alai -In g by, through or under
Grantors, or either of them, their predecessors is title,* or their
beirs, assigns or legal representatives by virtue of any deeds of
couveyoneep describing land located in the unrecorded Plat of
Fetereou property, an easemaat or right of way over the land
described below, for the purposes and in the manner expressed
below;
NOW, Two IMOE W VrMBS=-1
That, in pursuance of this agreement and in consideration of
the am of Ten Dollars and other good and valuable consideration,
receipt of which is acknowledged, Grantors grant unto Grantees
their hairs, assigns. mad Grantees, and to all others LUmly
aitsatAd as above described, and their beiss. assigns and Grantese
favewwr
_ZnLtials for Petersonsa initials for 8a s•
R. L B.E.
Page 2 of 5
1. . .. .. ..I. w P q RIM N. or to 'g ' s s
loom
907355 I'l367"811250 ,
It is furtber understood that Grantors, their heirs, assigns
and tenants in no way will be bound to improve, maintain or {
construct a roadway or to keep it in repair; nor do Grantors,
their heirs and assigns assume any liability or responsibility to
Grantees, their heirs and assigns, others likely situtated, their
heirs and assigns, or any person using the land by invitation,
eqWessad or implied, or by reason of any business conducted with
Grantees, their heirs and assigns, or otherwise.
r-•• in WITNESS WBBBBOP, Grantors have set their hands and seals on
thejday and year first above written.
QLj-
c tnese RON= Yd. RAM
ls�/ 2995
M,,•
o s . ". ""' A , .0
97
a nre OR
se v B B. SAIODN ,^ r
J-
STJI'PS or � • ' . ..
COMMr OF
This instrument was acknowledged befogs as this day of.
1995, by Robert L. Bakes and Both Bakes,,who
are y known to W or who have produced
as identification and who did (dam
O an Ga •
my Comm"sion Mmires 0
t tillm;'01 SET
9e6
Initials for Peterson&• Initials for Saken
d R—
m• .�.E.
Page 4 Of 5
i
a
4)
907355 01367 U1251
mw OF EASE
X .P
JACK Be I
Dateds
Da P 9S'" , 1995
SM= OF ' Now York
Comm or y Chmftmm
This lustrIument, was acknowledged before me thie ?t &3th day
of 1993, by Jack B. Peterson and `lder~ lyvn B.
Peterson. w o are personally known to ma or who have produeamd
an oath. as identification and who did (did
Jw Commission Sxpiree: f o'ti
ftft I C17C
SOMMUMMINIMING
rarTrare 1� psrsa�o�s:
nwr= xm BAwm a
R • apR
Page S of 5
t
N
i • ■
Mys
CV
In
N
r7
.r.
0
s
In
U2
m
I"-
0
0%
6ab_ vv- QQn&n ME ajoci n F..r. /9A41 40S.A17C
GOV7. LOT 6
NW CORNER GOVT. LOT 0
One IA. T 8B S. R So E P011
a GOUT. LOT S
0
BEAR INGS BAND ON THE NORTH
LINE OF GOVT. LOT S
POO - POINT aF 11901101100
0
T.and DasuIcAption iceparsd JW Surveyovs 231 Xuasments IN Cower Govatgo mt Met S
i. to 2 ttogas zooms
7L WatOal o: Zand an them Zaland of No Ram R6ay, Rtvumm County, flosida, %wM q a
part of Zot 8, Soatioa 18, ftwuMp 66 South, Range 30 ZwM, and being
aAma pacdcAutly dwos3bred a• bTolloxat 869ftula/g at t2w Narthxaat Comas uZ Said
Zet S= tiwaroa Ran South alM the Wsst=4 liam at aaid Qwtmm=mmt Lot
t b, 30.00 9W*4 0iinoa Ran Sant, 25.00 loots theme blan North, 30.00 !oats thsaoe
Ana W"t, 20.00 feet MAIL to the said poisltro! 8o0saatag.
4
77-HSISA SAUTCH711901ILLUSTRATE.
'ems rawas, of this aS1IRWS" is solely to illustrate property desariptias, navlb
created and authored by the undersigned. it is WIM A 80111,111 of the lands beint
desuribod herein. (See Chap. 472.027 F.S. and Chap. 61817-6.003 .1a.•A R, Code).
- lOsiB .
—no
ride Oert. tto. g22gp•3 • " "
prepared fora ssle W. 8osada Jr.
Rey tut ftte,.noride ! � now
Sigllatrire Date: btay 23, 1898 jo
�`'rx•A �
From: Robert Hartsell [mailto:robert(abhartsell-law.coml
Sent: Thursday, May 03, 2012 1:02 PM
To: Shillinger-Bob; Howard -Derek
Subject: Demand Letter
Please see attached.
Robert N. Hartsell, Esq.
Robert N. Hartsell, P.A.
1451 West Cypress Creek Road, Suite 300
Fort Lauderdale, Florida 33309
(954)778-1052
Facsimile: (954) 941-6462
www.hartsell-law.com
The information contained in this transmission may contain privileged and confidential information. It is intended only
for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review,
dissemination, distribution or duplication of this communication is strictly prohibited. If you are not the intended
recipient, please contact the sender by reply email and destroy all copies of the original message.
ROBERT N. HARTSELL, P.A.
1451 West Cypress Creek Road, Suite 300
Fort Lauderdale, Florida 33309
954-778-1052 - Fax (954) 941-6462
Robert(iDHartsell-Law.com
May 3, 2012
Mr. Bob Shillinger
Assistant County Attorney
Monroe County Attorney's Office
1111 12a' Street, Suite 408
Key West, Florida 33040
(305) 292-3470
(305) 292-3516 — facsimile
RE: Complaint of Keys Energy Service Violation of Monroe County Ordinance and
Comprehensive Plan Pursuant to Section 403.412 Florida Statute.
Dear Mr. Shillinger,
On behalf of my client Alicia Roemmele-Putney, this letter shall serve as a formal notice
of intent to file a Verified Complaint against Monroe County under Section 403.412(2)(a)(1) Fla.
Stat. to compel Monroe County to enforce its local Code and Comprehensive plan. As grounds
states the following:
Section 403.412 Fla Stat.
Section 403.412 Fla. Stat. is known as Florida's Environmental Protection Act and
provides, among other things, a citizens enforcement mechanism to compel a government
authority such as Monroe County to enforce its laws, rules or regulations that protect the "air
water, and other natural resources." Section 403.412(2)(axl) Fla. Stat. Further, Section
403.412(f) Fla. Stat provides the prevailing party or parties with costs and attorney's fees.
Section 403.412(f) Fla. Stat.
Ms. Roemmele-Putney is seeking to compel Monroe County through Section
403.412(2)(a)(1) to enforce its duly adopted Comprehensive Plan and Code of Ordinances.
Facts
No Name Key is a substantially undeveloped 1,200-acre island connected by a County -
owned bridge to Big Pine Key and lacks commercially -supplied electricity, aqueduct -supplied
water and central sewers. There are 43 lots of developed property on No Name Key. Each of the
43 homes was permitted with cisterns, photovoltaic systems (solar) and generators prior to the
adoption of the current Comprehensive plan.
No Name Key lies within the boundaries of the National Key Deer Refuge (NKDR) and
borders on the Great White Heron National Wildlife Refuge. The NKDR was established in
1957 when the first lands were acquired to protect the endangered Key Deer (Odocoileus virgin
janus clavium) and other wildlife and their habitats. The Service, State of Florida, and Monroe
County continue to purchase private parcels from willing sellers to be set aside for perpetual
conservation in this area More than 70 percent of the lands on No Name Key are currently in
public ownership as conservation land, including some owned by Monroe County. Nearly 200
acres of undeveloped land on No Name Key remain in private ownership.
No Name Key provides habitat for seven federally listed endangered and threatened
species, including the Key deer (Odocoileus virginianus clavium), endangered Lower Keys
marsh rabbit (Sylvilagus palustris heflieri), endangered silver rice rat (Oryzomys
palustrisnatator), threatened eastern indigo snake (Drymarchon corais couperi), threatened Stock
Island tree snail (Orthalicus reses), endangered Key tree cactus (Pilosocereus robinii) and
threatened Garber's spurge (Chamaesyce garberi). Additional, No Name Key is designated as
critical habitat for the Silver rice rat ((Oryzomys palustris natator).
No Name Key lies within Coastal Barrier Resources System unit FL-50 under the Coastal
Barrier Resources Act. 16 U.S.C. 3501 et. Seq. Coastal Barrier Resources System units were
designated to protect human life and conserve natural resources. Specifically, the Coastal Barrier
Resources Act states:
"The Congress declares that it is the purpose of this Act to minimize the loss of
human life, wasteful expenditure of Federal revenues, and the damage to fish,
wildlife, and other natural resources associated with the coastal barriers
along the Atlantic and Gulf coasts and along the shore areas of the Great Lakes by
restricting future Federal expenditures and financial assistance which have the
effect of encouraging development of coastal barriers, by establishing the John
H. Chafee Coastal Barrier Resources System, and by considering the means and
measures by which the long-term conservation of these fish, wildlife, and other
natural resources may be achieved." 16 U.S.C. 3501 (b). emphasis added
Recognizing the importance of protecting human life and protecting natural resources,
Particularly the life and property of the residents of No Name Key (including Ms. Roemmele-
Putney), the County adopted specific Comprehensive Plan Policies and Land Development
Regulations, including:
Policy 103.2.10
Monroe County shall take immediate actions to discourage private development
in areas designated as units of the Coastal Barrier Resources System. (See
Objective 102.8 and related policies.);
2 1 P a g e
Policy 21513
No public expenditures shall be made for new or expanded facilities in areas
designated as units of the Coastal Barrier Resources System, saltmarsh and
buttonwood wetlands, or offshore islands not currently accessible by road, with
the exception of expenditures for conservation and parklands consistent with
natural resource protection, and expenditures necessary for public health and
safety;
Policy 1301.7.12
By January 4, 1998, Monroe County shall initiate discussions with the FKAA and
providers of electricity and telephone service to assess the measures which could
be taken to discourage or prohibit extension of facilities and services to Coastal
Barrier Resource Systems units; and
Monroe County Code 130-122 (a) and (b)
The purposes of the coastal barrier resources system overlay district is to
implement the policies of the comprehensive plan by prohibiting the extension
and expansion of specific types of public utilities to or through lands designated
as a unit of the coastal barrier resources system... Within this overlay district,
the transmission and/or collection lines of the following types of public
utilities shall be prohibited from extension or expansion: central wastewater
treatment collection systems; potable water; electricity; and telephone and
cable. §M.C.C. 130-122 (a),(b). emphasis added.
In 1999, the Taxpayers For The Electrification of No Name Key, Inc. filed a Complaint
in the Sixteenth Judicial Circuit seeking, inter alia, declaratory relief that they had a statutory or
property right to have electric power extended to their homes on No Name Key. Taxpayers For
The Electrification of No Name Key, Inc., Et. Al. v Monroe County, Case No. 99-819-CA-19.
Alicia Roemmele-Putney was an intervening Defendant in that case. Id. In 2002, the Court in
Taxpayers concluded that Plaintiff property owners did not have a "statutory or property right to
have electric power extended to their homes, which are operated with alternative, typically solar,
energy sources." Id at 2. The Court further concluded, "Section 366.03, Fla. Stat. does not apply
to Defendants Monroe County or Keys Energy Service (KEYS). Even if it did apply here,
Section 366.03, Fla. Stat., does not provide a right to commercial electric service if such service
would be inconsistent with Chapters 163 and 380 or the Monroe County Comprehensive Plan."
Id at 2.
After, the efforts to compel the extension of commercial electric power to No Name Key
continued and Monroe County initiated a Declaratory Judgment Action against Keys Energy
Services and the residents of No Name Key in April 2011 seeking a declaration of its rights to
enforce its Comprehensive Plan and Code. Reynolds, one of the pro -electric defendants, moved
to dismiss the County's Complaint for lack of subject matter jurisdiction in the Circuit Court.
Their August 30, 2011 Motion was premised on a claim that a Territorial Agreement between
KEYS and Florida Keys Electric Cooperative (FKEC) was controlling, and the Public Service
Commission ('PSC') had sole jurisdiction over the Matter. The County, the Solar Community
of No Name Key and most of the pro -commercial electric community argued against the
3 1 P a g e
Reynolds position as it had no basis in law. The trial court dismissed the declaratory action in
favor of the Reynolds on January 30, 2012.
On February 2, 2012, Alicia Roemmele-Putney along with the Solar Community of No
Name Key defendants filed an appeal of that Order. Subsequently, Monroe County moved to
join that appeal and was granted party status as Appellants on April 18, 2012. This appeal is
pending and in the initial briefing phase.
On March 5, 2012, the Reynolds filed a Complaint with the PSC to resolve the issues that
were previously dismissed at the circuit court. That case is still pending.
On March 7, 2012 KEYS approved a line extension agreement with the "No Name Key
Property Owners Association" for the extension of electrical service on No Name Key.
Subsequently on April 19, 2012, KEYS notified the County by letter of intent that it believed that
it had "all the permits and easements in place in order to proceed."
Comi lainine Party
As a property owner and resident of No Name Key, Alicia Roemmele-Putney will suffer
an adverse affect to her interests protected or furthered by the County's Ordinances and
Comprehensive Plan, including interests related to health, safety and environmental or natural
resources. Ms. Roemmele-Putney's interests are consistent with the purposes of the County's
Comprehensive Plan, Code and the CBRS designation.
Ms. Roemmele-Putney has an interest in maintaining her current quiet, private, scenic,
and low impact quality of life, as protected by the County's Comprehensive Plan and Code
provisions. Ms. Roemmele-Putney an interest in maintaining the unique solar community that
has formed on No Name Key and the unmeasured property value associated therewith These
interests are adversely impacted by the Keys Electric Services decision to move forward with
wanton disregard for the County Code and will be irreparably harmed if Keys Energy Services
begin to take further steps toward the provision of electrical utility service on No Name Key.
For these reasons, Ms. Roemmele-Putney has a recognized, legal and strong interest in
enforcement of the County Comprehensive Plan and Code, and stands aggrieved by the lower
court's Order of Dismissal.
The Monroe County Code & 130-122
Monroe County Code § 130-122 prohibits the extension of public utilities including
electricity within the Coastal Barrier Resources System Overlay District. This section of the
Code seeks to implement the policies of the County's comprehensive plan by adopting by
reference the federally designated boundaries of a CBRS district on current flood insurance rate
maps approved by the Federal Emergency Management Agency.
The pertinent section of MCC § 130-122 reads: "Within this overlay district, the
transmission and/or collection lines of the following types of public utilities shall be prohibited
from extension or expansion: central wastewater treatment collection systems; potable water;
4 1 P a g e
electricity, and telephone and cable."
Keys Energy Services is proceeding with the extension of commercial power
transmission lines in and through a designated CBRS district in flagrant disregard for the
County's Code prohibiting such activity. Ms. Roemmele-Putney respectfully and formally
demands that the County enforce its County Code implementing Comprehensive Plan Policies
and enjoin through any lawful means necessary the unlawful extension of commercial power
transmission lines.
Easements
Keys Energy Services erroneously claims that it believes that it has all easements
necessary to proceed with the project, which is simply untrue. As support for their argument,
Keys Energy Services provides a copy of a 1973 "Quit Claim Deed" for lots 17-3 11 and a 1995
"Grant of Easement" for the unpaved North/South access roadway between the paved highway
(Old State Road 4A), laying to the south, and the two unpaved roadways (Bimini Lane and
Tortuga Lane) in the unplatted subdivision (Island's End) to the north.
While the 1995 "Grant of Easement" arguably may permit utilities by allowing access for
whatever purpose the land may be used and enjoyed on the North/South access road, which does
not include any of the fourteen dwelling units of the unplatted subdivision "Island's End", the
1973 Quit Claim Deed for both Bimini and Tortuga Lanes, where the fourteen dwelling units are
located, is absolutely clear that the 25-foot easement is for "road right of way" not utilities or
any other non -listed use.
The 1973 "Quit Claim Deed" for the 25-foot "road right of way" for Bimini and Tortuga
Lanes passes through lots owned by the County, specifically, lots 8, 15, 16, 22 and 26.
Additionally, while these are private easements held for the road travel of private individuals
they do not confer any easement rights to Keys Electric Services. Keys Energy Services
attempted to obtain these easements through the County owned land several years ago and the
Cgm= denied these easements as inconsistent with County Code and its Comprehensive Plan.
Ms. Roemmele-Putney respectfully and formally demands that the County enforce its
laws and enjoin through any lawful means necessary the use of the 25-foot right of way on its
property as unlawful and inconsistent with the above stated County Code and Comprehensive
Plan.
nooen N. riartseu, hsq.
Robert N. Hartsell, P.A.
' Keys Energy Services failed to provide proof of the 25-foot easement for lots 1-16.
5 1 P a g e
ADDITIONAL BACK-UP
Shilli er-Bob
From: Tim Ohara <tohara@keysnews.com>
Sent Tuesday, May 01, 201211:25 AM
To: Shillinger-Bob
Subject: FW. Keys Energy
Hey Bob,
It appears that Keys Energy is moving pretty fast on this. The PSC has not even ruled on the dismissal and isn't the
appeal still pending before the 3'a DCA? Can you call me when you get this?
Tim
From: Charlie Bradford [mailto•cab5752 aol coml
Sent: Tuesday, May 01, 2012 9:24 AM
To: toharaDkevsnews com
Subject: Keys Energy
Tim, who covers Keys Energy? Is it you or Mandy? Also, next week we are approving the contract to begin
running the lines and expect to energize No Name Key in August.
"You can avoid reality, but you cannot avoid the consequences of avoiding reallty."NAyn Rand
Th. Solar Community of No Name Key
1934 No Name Drive
No Name Key, Florida 33043
L---------------------------
Monroe County Board of County Commissioner Regular Meeting
05/16/2012 — Key Largo, Florida
P-7: Approval To File Suit Against The Utility Board Of The City Of Key West Doing
Business As Keys Energy Service To Seek To Enjoin It From Extending Its Electric
Utility Line On No Name Key.
Dear Mayor Rice and Fellow Monroe County Commissioners:
We are in support of Agenda Item P-7 and would like to take this opportunity to submit some
additional background information for the record.
June 17, 2009!
Agenda Item M-1: Request for Use of No Name Key Bridge and ROW
Monroe County voted to deny the request from Keys Energy for permission to use the No
Name Key Bridge and No Name Key right-of-ways for the extension of commercial power in
and through Coastal Barrier Resources System unit FL-50.
Yet, eighteen months later Keys Energy Services erected two utility poles in Monroe County's
right-of-way in direct conflict with the vote of June 17, 2009.
December 15,2010.
Three important decisions regarding No Name Key were made at the December 15, 2010
Meeting of the BOCC: Agenda Items J-1,J-2 and J-3.
Agenda Item Ji: Declaratory Judement Action
Monroe County voted to file an action for declaratory judgment to ask the Court to clarify the
County's responsibilities and authority regarding the extension of commercial electricity onto
No Name Key, a Coastal Barrier Resources System unit.
On March 7, 2012, Keys Energy Services entered into a contract with a group of No Name Key
property owners to construct an overhead high voltage electric line extension to service
approximately 22 of the 43 homes on the island. And,without clarification from the Court,
on May 9, 2012, Keys Energy Services approved and awarded construction bids to begin the
overhead electric line extension on No Name Key.
Agenda Item J2: Enforce COMDrehensive Plan and Land DevelODment Reaulations
Monroe County voted to enforce Comprehensive Plan policies and Land Development
Regulations policies and not to process amendments to the Monroe County 2010
Comprehensive Plan or Land Development Regulations.
Agenda Item J-,i: Utility Easements Request from Keys Energy Services
Monroe County voted to deny the request from Keys Energy Services to grant utility
easements for five Monroe County conservation lots, which lie within the unplatted Peterson
subdivision of No Name Key.
These easement requests stated the need for utility easements in addition to the existing
ingress/egress easement for the residences. This language mimics the language in the August
17, 2010, utility easement from No Name Key property owner Doyle to Keys Energy Services
and is typical of all Keys Energy Services'utility easements from private property owners.
Yet, despite the denial of utility easements for these five lots, sixteen months later Keys
Energy Services is stating that the ingress/egress easements are adequate and KEYS has no
need for the utility easements.
Without an injunction Key Energy Services will continue to proceed out regard for
Monroe County's authority.
Please vote "yes" on this agenda item.
Thank you.
Sincerely,
Alicia Roemmele-Putney, President
The Solar Community of No Name Key
Attached: 11Tages total-
• June 17, 20og BOCC Minutes Agenda to M-i,pages 119 & 126, 2 pages.
• December 15, 2010 BOCC Minutes Agenda Items J-1/J-2/J-3, pages 252, 262-4, 4 pages.
• November 10, 2010 Keys Energy Services Easement Request to Monroe County, i page.
• Unexecuted easement provided by Keys Energy Services to Monroe County, 2 pages.
• Doyle Easement to Keys Energy Service,OR Book 2479, Pages 2424/25, 2 pages.
119
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday,June 17, 2009
Marathon,Florida
A Regular Meeting of the Monroe County Board of County Commissioners convened at
9:00 A.M., at the Marathon Government Center. Present and answering to roll call were
Commissioner Heather Carruthers, Commissioner Mario DiGennaro, Commissioner Sylvia
Murphy, Commissioner Kim Wigington, and Mayor George R.Neu gent. Also present were
Roman Gastesi, County Administrator;Debbie Frederick,Assistant County Administrator;
Suzanne Hutton, County Attorney; Danny L.Kolhage,Clerk; Isabel C. De Santis,Deputy Clerk;
County Staff,members of the press and radio; and the general public.
ADDITIONS,CORRECTIONS,DELETIONS
Motion was made by Commissioner Murphy and seconded by Commissioner DiGennaro
granting approval of Additions, Corrections, and Deletions to the Agenda. Motion carried
unanimously.
PRESENTATION OF AWARDS
Presentation of Employee Service Award for the month of February 2009, to Petey
Griffin, Assistant Maintenance Technician, Florida Keys Marathon Airport.
Presentation of Employee Service Award for the month of January to Tiffany
Stankiewicz,Development Administrator,Planning and Environmental Resources Department.
Presentation of Employee Service Award for the month of April to Bryan Davisson,GIS
Planner, Growth Management Division.
BULK APPROVALS
Motion was made by Commissioner Carruthers and seconded by Commissioner
DiGennaro granting approval of the following items by unanimous consent:
Board granted approval to award bid and authorized execution of an Agreement between
Monroe County and Ferrara Fire Apparatus, Inc., in the amount of$302,550.00 for the purchase
of one 3000 gallon Tanker with 1500 GPM pump.
Board granted approval to advertise for sealed bids for the maintenance of Monroe
County Fire Rescue's fire apparatus, including preventative maintenance,unscheduled
maintenance and annual pump testing.
126
Board granted approval and authorized execution of a Lease Agreement between Monroe
County and Early Learning Coalition of Miarni-Dade/Monroe to provide office space at the Gato
Building, 11 Simonton Street,Key West.
Board granted approval and authorized execution of the Second Amendment to
Agreement between Monroe County and Tew Cardenas, LLP removing the City of Key West
and Is or ,Village of Islamorada from the Agreement.
Motion carried unanimously.
COMMISSIONERS' ITEMS
The Board discussed Mayor Neugent's it concerning approval of authority for the
Mayor to send a letter to Keys Energy Services stating that Monroe County has no objection to
use of No Name Key County bridge and No Name Key County rights of way for placement of
electrical lines provided that any obstruction,whether permanent or temporary,to said bridge
and rights of way, or any physical changes there to are coordinated with the Engineering
Department in compliance with County ordinances regarding its roads and bridges and that Keys
Energy will maintain lines and whatever structural supports they install to support their lines.
Suzanne Hutton, County Attorney discussed a 1951 Resolution granting the City of Key West,
Florida permission to use the right-of-way of certain public streets, roads,bridges and/or
highways in Monroe County,Florida. The following individuals addressed the Board: Jim
Newton, John D. Morris 11, Charles one, John J. Sandroni, Kristie Killarn, Kathy Brown and
Donald Craig,representing the No Name Key Property Owner's Association;Beth Rarnsay-
Vickrey, Alicia Roemmele Putney,representing the Solar Community of No Name Key; is
Putney,Jan Scanlon, Bob Reynolds,Dave Eaken and Diane Beruldson. The Clerk was provided
written material for the record from several speakers concerning the matter at hand. After
discussion,motion was made by Commissioner DiGennaro and seconded by Mayor Neu gent to
approve the item. Ms. Hutton read into the record a letter dated December 1, 1998 from James J.
Slack,Project Leader, South Florida Field Office- United States Department of the Interior.
Drew Trivette, Growth Management Director discussed the matter. Roll call vote was taken with
the following results:
Commissioner Carruthers No
Commissioner DiGennaro Yes
Commissioner Murphy No
Commissioner Wigington No
Mayor Neugent Yes
Motion failed. After further discussion, motion was made by Commissioner Carruthers and
seconded by Commissioner DiGennaro directing Staff to bring back to the Board a report
regarding the issues that have been raised to in terms of preservation of the character of the
island,input from the is and Wildlife, what was known about the 1951 resolution,the 2003
case, and what the potential liabilities on either side of this decision are to the county. Roll call
vote was taken with the following results:
252
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular,Meeting.
Board of County Commissioners
Wednesday,December 15,2010
Marathon,Florida,
The Regular Meeting of the Monroe County Board of County Commissioners convened
at 9:00 A.M.,at the Marathon Government Center. Present and answering to roll call were
Commissioner Sylvia Murphy,Commissioner George Neugent,Commissioner David Rice,
Commissioner Kim Wigington,and Mayor Heather Carruthers. Also present at the meeting
were Roman Gastesi,County Administrator,Debbie Frederick,Assistant County Administrator,
Suzanne Hutton,County Attorney;Danny L.Kolhage,Clerk;Isabel C.DeSantis,Deputy Clerk;
County Stag members of the press and radio;and the general public.
ADDITIONS,CORRECTIONS,DELETIONS
Item A Motion was made by Commissioner Neugent and seconded by Commissioner
Rice granting approval of the Additions,Corrections,and Deletions to the Agenda. Motion
carried unanimously.
PRESENTATION OF AWARDS
Item B2 Presentation of Employee Service Award for the month of August 2010 to
Richard Jones,Sr.Administrator,Marine Resources.
BULK APPROVALS
Motion was made by Commissioner Murphy and seconded by Commissioner Neugent
granting approval of the following items by unanimous consent:
Item C 1 Transfer of Funds(OMB Schedule Item No. 1).
RESOLUTION NO.451-2010
Said Resolution is incorporated herein by reference.
Transfer of Funds(OMB Schedule Item No.2).
RESOLUTION NO.452-2010
Said Resolution is incorporated herein by reference.
Transfer of Funds(OMB Schedule Item No.3).
RESOLUTION NO.453-2010
Said Resolution is incorporated herein by reference.
Rescinding Resolution No.322-2010(OMB Schedule Item No.4).
262
Item E6 Christine Hurley,Growth Management Director updated the Board on the
Technical Documents and the Evaluation and Appraisal Report being prepared by the county's
consulting firm of Keith&Schnars. Ms.Hurley indicated the draft documents will be published
and the Planning Commission will be holding their meeting on January 12,2011 at the Marathon
Government Center to review and take public input. In addition,on January 19,2011,Keith&
Schnars is scheduled to make a presentation on the documents before the BOCC. Ms.Hurley
then discussed the dates of the 1 st Annual Comprehensive Plan Transmittal Hearing for 2011.
Motion was made by Commissioner Wigington and seconded by Commissioner Neugent to hold
the 1 st Annual Comprehensive Plan Transmittal Hearing for 2011 on March 22,2011 at 10:00
A.M.at the Marathon Government Center. Motion carried unanimously. Motion was made by
Commissioner Murphy and seconded by Commissioner Neugent to start the 1 st Public Hearing
for the Tier Redesignations on March 22,2011 at 11:00 A.M.at the Marathon Government
Center,with the date of March 23,2011 to be reserved as a carryover date and to hold the 2nd
Public Hearing for the Tier Redesignations on May 4,2011 at 5:01 P.M.at the Marathon
Government Center,with the date of May S,2011 to be reserved as a carryover date. Motion
carried unanimously.
Mayor Carruthers discussed her attendance on Friday,December 10,2010,along with
Roman Gastesi,County Administrator and Michael Roberts,Sr.Administrator-Environmental
Resources at the Sixteen County South Florida Ecosystem Restoration Summit in Okeechobee
concerning Everglades Restoration.
GROWTH MANAGEMENT
Items J 1 Suzanne Hutton,County Attorney made a presentation before the Board for
direction regarding potential litigation to determine the county's duties&authority in response
to a request by Keys Energy Services to approve utility easements over county-owned properties,
including whether a county development permit is required to be issued in order for KES to place
poles and utility lines on access easements;also county's ability to issue building permits for
electrical connections of utilities in established rights-of-way to existing structures on private
Property
Item J2 Christine Hurley,Growth Management Director made a presentation before the
Board for direction to Staff regarding whether to initiate amendments to the Comprehensive Plan
and Land Development Regulations to allow the extension of utility services to Coastal Barrier
Resource System(CBRS)units and/or private development on No Name Key.
Item J3 Mark Rosch,Executive Director of the Monroe County Land Authority made a
presentation before the Board for consideration of a request to grant utility easements to the
Utility Board of the City of Key West,Florida(Keys Energy Services)on four No Name Key
properties.
The following public speakers addressed the Board: Joyce Newman,Robert DeHaven,
Hallett Douville,Deb Curlee,representing Last Stand;John D.Morris,Kathy Brown,
representing the No Name Key Property Owners'Association;Diane Benddsen,Beth Fennell,
Robert G.Brown,Andrew Tobin,Esq.,representing No Name Key Homeowners;Sloan
263
Bashinsky,Reverend Mamey Brown,John Hammerstrom,Rob Barber,Ron Miller,representing
the Upper Keys Citizens'Association;Alicia Putney,representing The Solar Community of No
Name Key,Kristie Killam,Mary Bakke,Marsha Fletcher,John F.Lohr,John Bakke,Beth
Ramsay-Vickney,Brad Vickrey,John Lentini,Pauline Klein,Kay Thacker,Wanda Dry,Esq.,
Joan Borel,Laurence R.Dry,MD,Esq.,Frank Atwell,and Chris Barber. The Clerk was
provided with written documentation from Alicia Putney,representing The Solar Community of
No Name Key,which was entered as part of the official record.
Item J3 After Board discussion,motion was made by Commissioner Murphy and
seconded by Commissioner Wigington to deny the request to grant utility easements to the
Utility Board of the City of Key West,Florida(Keys Energy Services)on four conservation lots
on No Name Key owned by Monroe County and the one conservation lot on No Name Key
within the CBRS owned by the Monroe County Land Authority. Roll call vote was unanimous.
Item J2 After Board discussion,motion was made by Commissioner Murphy and
seconded by Commissioner Wigington to approve Option#3-Direct staff to enforce
Comprehensive plan policies and Land Development Code policies and do not process
amendments to the Monroe County 2010 Comprehensive Plan or Land Development Code. Roll
call vote was unanimous.
Item J 1 After Board discussion,motion was made by Commissioner Rice and seconded
I' by Commissioner Neugent granting approval of Staff recommendations for the County to file an
action for declaratory judgment regarding whether Bimini and Tortuga Lanes,No Name Key,
constitute rights-of-way,upon which Keys Energy Services does not need a county permit to
construct poles,and the county's responsibility regarding issuance of building permits for
connections between utility lines in rights-of-way and structures on private property. Roll can
vote was taken with the following results:
Commissioner Murphy No
Commissioner Neugent Yes
Commissioner Rice Yes
Commissioner Wigington No
Mayor Carruthers Yes
Motion carried.
Item J3 Mark Rosch,Monroe County Land Authority Executive Director addressed the
Board and suggested that the one conservation lot on No Name Key within the CBRS owned by
the Monroe County Land Authority not be included in the denial motion for item J3 until it is has
gone through the Land Authority process and then the Land Authority Board. Motion was made
by Commissioner Murphy and seconded by Commissioner Neugent to rescind the motion which
denies the request to grant utility easements to the Utility Board of the City of Key West,Florida
(Keys Energy Services)on four conservation lots on No Name Key owned by Monroe County
and the one conservation lot on No Name Key within the CBRS owned by the Monroe County
Land Authority. Motion carried unanimously. Motion was then made by Commissioner
Murphy and seconded by Commissioner Rice to deny the request to grant utility easements to the
264
Utility Board of the City of Key West,Florida(Keys Energy Services)on the four conservation
lots on No Name Key owned by Monroe County. Roll call vote was unanimous.
CLOSED SESSIONS
Item Kl An Attorney-Client Closed Session of the Board of County Commissioners in the
matter of Thomas Collins et aL v.Monroe County,CA M 04-379 was held. Suzanne Hutton,
County Attorney read the required language into the record.
Item K2 An Attorney-Client Closed Session of the Board of County Commissioners in the
matter of Galleon Bay vs.Monroe County v.State of Florida,CAK-02-595 was held. Suzanne
Hutton,County Attorney read the required language into the record.
Item K3 An Attorney-Client Closed Session of the Board of County Commissioners in the
matter of Monroe County and Roman Gastesi,Jr.v.Stand Up For Animals,Inc.,Case No.CAK
10-1050 was held. Suzanne Hutton,County Attorney read the required language into the record.
PUBLIC HEARINGS
Item RI A Public Hearing was held to consider approval of a Resolution for a Budget
Amendment of the Fiscal Year 2011 Impact Fees-Fire&EMS Fund 135. There was no public
input. Motion was made by Commissioner Murphy and seconded by Commissioner Neugent to
adopt the following Resolution. Motion carried unanimously.
RESOLUTION NO.468-2010
Said Resolution is incorporated herein by reference.
Item R2 A Public Hearing was held to consider an Ordinance creating Monroe County
Code Section 2-60,providing for providing for noninterference in procurement and hiring
practices;providing for Board of County Commissioners to set policies and procedures in areas
where changes are deemed to be needed. There was no public input. Motion was made by
Commissioner Murphy and seconded by Commissioner Rice to adopt the following Ordinance,
with the following words stricken from the title:providing for Board of County Commissioners
to set policies and procedures in areas where changes are deemed to be needed. Motion carried
unanimously.
ORDINANCE NO.037-2010
Said Ordinance is incorporated herein by reference.
Item R3 A Public Hearing was held to consider adoption of an Ordinance amending
Sections 26-1,26-96 and 26-98 of the Monroe County Code to expand the prohibition against
diving or snorkeling in any manmade water body or marina,or within 300&of an improved
residential or commercial shoreline,to include the 3 days prior to the start of mini-season and
continuing through mini-season and for the first 5 days of commercial lobster season.The Board
accepted public input with the following individuals addressing the Board: Jim.Bellizzi,Ben
Daughtry,Franco C.D'Ascanio,John Whalton,Jack Kistner,and Bill Hunter. After discussion,
RECEIVE%
� �
i PO kv 61001
JWD
UTILITY BOARD_ OF THE CITY OF KEG WEST
Nrwernber 10,2010
Mr.Mark J.Rosch
Ececutive Director
Monroe County Land Auth rfty
1200 11 nem Avenu ,Suite 207
II FL 33040
RE: INS Narne I -EI l a ,rrne'
Dear Mr.
E (KEYS)Is In the final des4n stages for the InstalWtion of electrical facilities to
various msiderwm an No Name Key.
"There are five lots In the Petemn Subdlv lon that KEYS will requfre utlilty easNnents. Tbiese lots are
owned by Monroe County and MonroeP Plain Land Auftrity. My research Indicates
that ttwre curmmUy exists a 1995 Ingressiegmss easement for the residenms,
'The attached electrical uUIfty easements that KEYS Is nequesUng will IImIt the kKmtbn of our e1ecbical
fadirdes to within the exisUng 1995 fm s easement,
Below Is a list of the locations KEYS wouldutility easements for,
l lD I l
001 10- 2200 No N Key 5( 2.2 of m loam County
00108120,,.001500 No Name Key PT lot 5(Lot 15 of an Monroe County
_MnreTqIt _
S 120 1 No N mve ...v t ...( t 16 of
�., Moro _ County
kit
____. m i- .._rd�d
001 1 0-002600 No Name Key P1'Lot 5 Q Lot 26 of an Monroe County
_ 9J itIt ._. .
00105120� 00 No Name Key PT Lot 5(lot S) _ .Monroe County
ComprehensNe Plan Land
Thanks In for your assistance on this matter. If you love any question p.kme call me at
505-2.95-12n
Si
Dale I) mirn
Di Engineering
DF/ba
C.
L.Tejeda,General Manager&CEO
J.Wetder,AssL General Manager&CFO
M.Ailfonso, Supervisor of EngineerIng
ti mENG-150
lftbWWfatw pr.I A by left nt Alcim
Keys EMW services,an uWWM
EASEMENT
KNOW ALL MEI BY THESE PRESENTS,tnat
MONROE COUNTY OOMPREHENSIVE PLAN IAND AUTHORITY
hereinafter called grantor(s)do hemby grant an easement to the UTILITY BOARD OF THE CITY
OF KEY WEST, FLORIDA, henainaft called Watntee,fbr Wk utlty Purposes, In, under, over
ad auom the ha+ehm ter desatbed W4 In the rnanagement, ape RHMN makftnenoe,
extension,consbvdbn and bnproverneM d erect,W wit:
On the Island of No Name Key In Monroe COWRY,FTorlds
L r 8 ALTERNATE KEY 1127621 PARCEL ID 00108120-000ND
SEE PROPERTY DESCRIPTION ATTACHE)HERETO AND MADE PART HEREOF AS BMW W`W
A GENERAL EASE Wr FOR THE INSTALLATION AND MAINTENANCE OF ONE POLE,OVERHEAD
WIRING AND ALL NECESSARY. KEYS WILL MAINTAIN THE LINE WITHIN THE
BOUNDARYS OF THAT EASEMENT FOR INGRESS AND 6WIIESS OVER PROPERTY DESORMEO
AND 5 RECORDED IN OFFICIAL RECORDS BOOK W,PAGES 1247 TO 1251 OF THE OFFICIAL.
RECORDS OF MONROE COUNTY,F L IDA.
TOGETHER WITH THAT EASEMIW FOR INGRESS AND EGRESS OVER PROPERLY DESCRIBED
AND]S RECORDED IN OFFICIAL REODRD6 BOOK 2047,PAGE 2469 OF THE OFFICIAL RECORDS
OF MONROE COUNTY,FLORIDA
TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS OVER PROPERTY OF THE GRANTOR(S),
90 AS TO AFFORD THE GRANTEE COMPLETE USE AND EN]OYMENT OF THIS EASOGNT,
INCLUDING THE RIGHT TO CUT AND TRIM, FROM TIME TO TIME, TREES, BRUSH, OVER-
HANGING BRANCHES AND OTHER NATURAL OBSTRUCTIONS ON THE ABOVE DESCRIIED LAND,
WHICH MAY INURE OR INTERFERE WITH THE FULL AND COMPLETE USE OF THE AFORESAID
EASEMENT.
This essanent shall twWrm to If at any time Its use is dtsoon0nued forbears.
IN WITNESS wHEREOF, these presents have been exeaited by the grmntor(s) henetn, an as of
the day of A.D.20____,
Signed,Sealed and DdhRn d in the presence of:
(sue
O (Seal)
STATE OF
COUNTY OF
On before me the underjWm4 a Notary Public in and for said
Omnurty and StW^personally appeared _known to me to be the
pasoi s)whose names s dwN)ed W the within Instrunot and
acknowledged#rat eroeptted the sane.
S_EAL_
Naftry Public In and fbr sold County
And State
imiBrr
A parcel of land In part of Government Lot 5, Section 18,Township 66 South Range 30
Eastr on No Name Key, Monroe County, Florida and being more partdafarly described by
metes and bounds as follows:
Commencing at the Northwest Comer of Government Lot 5, bear Ea*, W
feet to the POINT OF BEGINNING of the pared of land hereinafter described;
therm continue East 60' feet thence bear South, 141.50' feed to a canal;
thence bear West, along Bald canal, 60'feet thence bear North, 141.50'feet,
beedc to the POW OF BRINING, subject to a 25' foot Easernent on the
North side.(Also brown as Lot 8 of an unrecorded Plat of the subject property)
Docil 1N2478 W11512016 1*5W
Flied a Rocorded In Official R*Cmrds Of
moNROE CMWY DMW L KMMAW
Paull JeW478
E A S E M Z N T Oka 2479 Pso 2424
KNOW ALL MEN BY THESE F".',SZWrS, t1wat
DOYILE CI Effl JEAN
hereinafter called grantor(s) do hereby grant, an easement 1-.o THE tMTILITY
BOARD Or THE CITY Or KEY WNS"r, P34RIDA, hereinafter called granteo, fox
public utility purposes, in, ur%der, over asO across the hereinafter described
land, in the management, operation, maintenance, extensian, constriaction and
improvement, thereof, to wit-
TWs WeftwxAnt was prepared lby ftbdva Aid Kep Fn a1.rAre%cm AuMM4,2010,
On the Island of NO NAME KEY in Monroe County, Florida,
See AttKted,
A utility easement including the Installation of overhead lines,3 utilitly poles,
and 2 anchors and all appurbmances necessary,
1MjetJier with the riLf#at Of illgii.ress ard egress over property Of the
grantor(s), so as to afford the grwitee complete use arki enjoyment of t&11M
easement,, including the ri.Lght to aut and trink, from time t.o time, tr®res,
bmish, over-,,hmiq i ng bxanches and other natural obstructions on t he above
described land, which may injure or interfere with t1e full and cmplete
use of the aforesaid easement.
This easement shell terminate if at any time its use is discantinuw.t
for year(s).
IN WITNESS WHEREOF, these presents have been e.xecuted by the grwxtor(s)
)mreiLn, all as of the day of A.D. 19
Signed, Sealed and Delivered in the presence of:
(Witness) (Seal,)
A
STATE OF Be
COUNTY ar 5'14 1141Aj
on,, 17 a GY/0). SIB oq.,the undersigned, a Notarly
Public in sn r said County tqqfir mally appeared
permon1s) Whose
acknowledged that
lic in and for
said County and State
fit mit