Item P7BOARD 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 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.
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 Resource System, such as No Name Key. The applicability of that ordinance to
Keys Energy 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.
In a separate item, the Commission is being asked to adopt a resolution invoking the Florida
Governmental Conflict Resolution Act. Should Keys Energy choose to go ahead with the line
extension in the interim, authorization is requested to file suit to seek an injunction to enjoin the line
extension without having to call a special meeting for that limited purpose.
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 #
Revised 1/09
9
M05��
RoBERT N. HARTSELL, P.A.
1451 West Cypress Creek Road, Suite 300
Fort Lauderdale, Florida 33309
954-778-1052 - Fax (954) 941-6462
RobertkHartsel l-Law. com
May 3, 2012
Mr. Bob Shillinger
Assistant County Attorney
Monroe County Attorney's Office
I I I I 12'h 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)(a)(1) 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 hefneri), 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 (Charnaesyce garberi). Additional, No Name Key is designated as
critical habitat for the Silver rice rat ((Oryzomys palustris natatory.
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 215.2.3
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 Roemrnele-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 (FKEQ 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."
Complaining Party
As a property owner and resident of No Name Key, Alicia Roenimele-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 -4 130-122
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
Coun 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. ----------- -
Robert N. Hartsell, P.A.
1 Keys Energy Services failed to provide proof of the 25-foot easement for lots 1- 16.
5 1 P a g e
Shillinger-Bob
From: Tim Ohara <tohara@keysnews.com>
Sent: Tuesday, May 01, 2012 11:25 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'd DCA? Can you call me when you get this?
Tim
From: Charlie Bradford jmailto:cab575Ubaol.com1
Sent: Tuesday, May 01, 2012 9:24 AM
To: tohara(dkeysnews.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.
Charles A. Bradford
1800 Atlantic Blvd. 137C
Key West, FL 33040
305-3@§IWHome
305 Cell
866= Fax
www.linkedin.com/in/charlesabradford
"You can avoid reality, but you cannot avoid the consequences of avoiding reality."NAyn Rand
30029 1305) Sheet
Po Box 6100
Key West, FL 33040-61M
h wwwXerErff y
mTyMv
UTILITY BOARD OF THE CITY OF KEY WEST
April 19, 2012
Bob Shillinger
Chief Assistant County Atbomey
1111 12t' 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,
ale Finigan
Director of Engineering
Dale.FnIgan�K Energy.com
DF/mpd
c:
L. Tejeda, General Manager & CEO
3. 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 74h 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 f+or
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 )a regarding Easements and Permitting requires all easements to be obtained
prior to KEYS commencement of construction. During a meeting with you at KEYS
of icas 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 properly
owners on the alternate route.
I look forward to hearing from you.
Sincerely,
Lynne E. Tejeda
General Manager & CEO
Lynne.Tejed_ a@KevsE�.com
C:
J. Wet der, Assistant General Manager & CFO
D. Rnigan, Director of Engineering & Control Center
A. Tejeda, Director of Customer Services
N. Eden, KEYS Attorney
File: CUS-201
March 18, 2012
Dear Ms. Tejede,
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 properties
located in the un-recorded community commonly refaced to as the "East -End
of No creme Key" have an easement, more specifically described below, which
can be used for public utilities and the accomplishment of the Line Extension
Agreement.
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) grantodgrtee 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 Hook 528. Page 536.
The easement was more specifically described and l irther identified in a
document entitled:
Grant of Easement filed August 29,1995, recorded in Official Records Book
1367, Page 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 ,, n
Kathryn Kro*-President
Mission Statement:
The No Name Kay Property Owners Association supports basic infrastructure Improvements including a central
sewer connection and Its electrical power needs for residents of No Name Key Is Monroe County, Rorlda The
Association does W advocate development of the island and has, as Is principal goal, the long term, multi
generational, and protection of the islands unique character that Is achieved by Its limited density and abundance of
natare. 77w Association is a strong advocate of a antral sewer system to prate# our inshore and mar shore waters
from pollution. flue Association, while an advocate of grld de solar net metering and the environmental benefits it
Offers the wort( feels that no one should be foreed nor denied civt/irallon's most basic infrastructure improvements
such as central sewage treatment and disposal. or commercial electrical power.
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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 XI we
are responsible for any and all expenses including legal expenses that may occur.
Sinc/erely,
x
Kathy Brown, President
Attachments: Quick claim deed, Grant of Easement, Florida Statute 704.01
Mission Statement
The No Name Kq Properq, Owners Association supports basic i►(rastructure improvements including a central
sewer connection and its electrical power needs for residents of No Name Key in Monroe County. Florida. The
Association does rw 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 vystem to protect our inshore and near -shore waters
from pollution The Association, while an advocate ofgrid-tie solar net metering and the environmental bents it
offery the world, feels that no one should be forced nor denied civilization's most basic i►{frastructure 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 •, Q20
The eon Florida Statutes
Tide XL chapter 704 REV ter
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 shall 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 stockraising 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.
Ntstory.—s.1. ch. 7326, 1917; RGS 49", CGL 7088; s. 1, ch. 28070, 1953; s. 220, c6. 77-104, s. 1, ch. 91-117; s. 788, ch. 97
-102; ss. 1, 2, ch. 2003-214.
hap://www.leg.state.fl.us/swutewindmcfm?App Fno&—Dispky_StatuteB snrch String=... 416/2012
f
•" Statutes & Constitution :View Statutes: Online Sunshine
Page 2 of 2
'Note. —Section 2, ch. 2005.214, reenacted subsection (2) as it adsted prior to amendment by s.1, ch. 2005.214, •[e]
ffective only V a cant determines that subsection (Z) ... , as amended by [s.1, ch. 2005-214], is unconstitutional and such
determination is upheld on appeal," to read:
(2) STATUTORY WAY OF NECESSrTY EXCLUSIVE OF COMMON-LAW RIGHT. —Based on public policy, convenience, and
necessity, a statutory way of necessity exclusive of any common-law right edsts when any 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 smdkraising 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 easement for persons, vehicles,
stock, franchtsed cable television service, and any utility service, including, but not limited to, water, wastewater, redabned
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, shalt not constitute a trespass; nor shall the party thus
using the same be liable in damages for the use thereof; provided that such easement shalt be used only in an orderly and
proper manner.
Copyright a 1995-2012 The Florida Legislature - Mmcy Statement . Contact Us :1
http://www.leg.state.fl.us/Statubes/Mex.cf n?App mode=Display_Stahft&Search String=... 4/6/2012
oes" IN no MOFOR)f/ E5280 n...,5m
QUIt-J19M 309Nd, F..reed«I this 291h Asp of January , A n, ►o 7; , Ly
ItC)RI:IY! I.. rAI:i:N and IVIT11 C. MEN, :1111 wifa,
lint party, to
JAGV r. 11'1.1:'(SOM n-tel MARILYN N. 111317EIt&ON, his wife,
tuhuse n,rslnlllre.eddrrss is 4710 Nrirthwllbt 12th court, Lauderhill, rlorlda,
serail rviv
.MYww. .r4 I.M. dr ewes':.N orb" Mt -war yalt',MI� Irtfrir •rMnst a ame t
meson--na, w4 •aka .1 salt Y ... Us d- em"wo a FqM •t
,.y,y,.
61W", That du sold (1n1;raNy. lx and In renrk"veton of tLa ran el s TEN !• OG & VC
In !rand pant by 16 said srreaal party. 11'e Mvhu whe'vel Is lee►rhy O&MM441rd. doff hereby a MU0. a•
4up Orel gsdl•elaln lane- IAr self se.:e.•• ' periy lataarr, all ILr right, Nita, Intarral, Claim and demand SUMA
the said ft.:l part' has to and In Ihr (n.'lawing 11e19rlhad I01, p1.Cs OF paewl of land. suaele. lying atsd Laing
In the Calmly h4onlo state of rlorida .904011
1 ot.: '•w,rntetn 071 thr•lugh Thllt/-ul,t ('411 incluelve, of the unrecorded plat
of tl•i1 i urtnin property lomited in C,oiernment lot a. Seceinn Ill. Township 66
ho;etli, sane JO Wat, te.. ?:o Namn Key, Mona County, rlcrida, as it.- same
appeals hY snparate parral and logal descriptions which are attached herato end
model a ±.att hoevof and •nnrkod "P)dAblt A".
Tim nt-vt•, profit•ety i% subject to a twenty -live (26) foot easement tot Mnd right -
Of -way vs the same ;.1 set fortt, In p•ich sepurate 1.tgal description attached heretr,
c, - S,f.S;IrE�iTARY= ITOTE O1= FtiTl
` SU R tAX � OCUMENU��Y• •
i LtJRII n t 51-_ a re—vue13 !;d .11 • 30
OIX =re'rtn>r �... / .�__...I
• . I ►J • , r. M 1329
e Not alb t0 Tttr d IAr setae tapadhes will as and sbwkr 14 r p1r,s.taessw Ihaeweto
Mantling or In anywise appmalting. and off IA. -stale. right. title. lnleaed, 6% golly and del" erltol-
ea«ror of the sold fMl party. either to law or egt''IF. In the only proper rue. Laterite and Wool of Ile .add
srtm,d l•rrly f amen
�n J0JhJ ss Uherefl'fe The said first early has 4111041 and armed thns •"sett'+ I ,• "air al -Jeer
first a6l.0 wrllt«e. -
Signed. Beal d and JvkvvmJ be rt�nteeneo all
_...........� ��s>I.r•,I'a"�^• . ...» ».» 1/Mr}LrletwG... t�i.-;.Lar.l.:,t.:rf... T.
r
7'
STAI-19 of FLORIDA,
Cx,l'vry OF AROWARD
I MILREST CRW Irf 16.1 an 16e del, brleae me ar
S.'U'r duly saelanhed in tM blur siareuld end 12 the Coastr dulaeid to Wr savealedgeerao, osseat for agreed
RrJMT L. PAKEN and RLTH 1% EAICEN, his wile,
to ra• known 1n ter Ib+ ewrsuaedertrlbed is and aka executed the (snea•ag lam'strse end they a •+a te
b.•i.rs sae 1112e thay rvmu%d elm same-
WIT'NIMS u.r boo d and oflMsl eel IN de Cs"' r sod suer tau know title 29 :h .'� .' .4r d
anuary A D. It73. l+ .
'fr0�8Tv•�s,�L is �. �',.. ..
gW COMMI IM" 61t1 US Jtn ? b 1 rd
i11N114L PrAv w.......•...... o•.a,n, RAP
770i htsn M Ief l�tlp ys.
Atille t RTTOKIt6T AT LAW
a!a A.E. TR1RD AV0M'9
FT. LAUDUDA1L nk
LOT 3.1 _• . a'Q8 aE ° 537 I.
A paran3 of land tit n part of 0ovu1'm»t1L Lot 50 deatiRn 28, VAH., R.302.0 on
tie liasre Key, F1onIMn Cntutty, Flnrtda WRd buW nova a:srticulorly dwarilsed by motes
and "UpAa as fatleusl 0oars•nr:n' pi; the td11•tt4rtiat Corner of 0evnrNar•11t Let. 5, bear
laandhimreinatto1110 rdesur'.hmlirth:ami 001'"J it at., A0 lint.; !110DIMMI Or Win thence bear 5 uth,arcel 2111.50f
feet, ib a canal; 30 [r t nq,astcebeat*
bsartrl+t.R1i ^ •"�� t t�ItsattilnnanSbonrL3110h,a172.i`i0 teat,,back along
tolthe�l" F .*•y1;:611110, crubjent to a ?j rent Musamont nn lha South aide.
uR 281-
A parcel of land in it Oft-L of novo1'Ivu•slt Lat 51 ;anc!.tnn 18, T.663.. 0.309., Oft
tie Name Aey, r'.onrae rnurtW, Flot•lda as.'t twiny, awry ,,aratculmrly doaeribtd by mstae
and bounds as WIMP ,'r' btnnrint; at. VID 11nu•t1esrat t:nrrnsr rf 06voslrmnnL tat 5, bear
al of
laandllla r1inte`Lv d r°!I dt;1'th•mao tiestLlrun IvwL, 60 r"L; u nitan'ltsKa••rtllarLll,a7 '"10
teat be a oanaij thntic- b• r :Just, I)rr111. 11nft1 canal, 60 rs1"Lj LIN•rwe bear :inuLI,, 1C.50
feet, boat: se tin WtUr 1•: 1Iv:TH''1`II:, nubjnel. t► a ?r Not 1rnwmnnt nn thn ioidh rs.to.
LOT 1- i-
.I parcel of Iliad In n •'.1•t of G,t•nrl»annt in•t 1, :Inatian 26, T.668., 0.3w. on
8e Nwx Key, Arm— ;:•unt.v, y1n:•ilia alul Isc'Inr• here surtiumArly dnaeribi'u ty mtea
AM bat:nd s as fullelrs s pn.••-making at Lill ;IorLl'woa L Cnr.r•r of OoVGI'MIenL --" 5, boor
South, 3b1 feat; loam a inlay :'sat, 1115 f11a1• in Vto M17NT -V 11FATiDIVIG of tho %areal of
]and h»reinArtm' 11-teril'1II; W.-Ana rnnttrtua Ista1L, 60 Pant; Lhntlao boar t.; I?11t1.50
feet is a canal; til•rr,eo bgsa1' .4pnL, alnn;t bout asuul, 60 rents thence bon: -Smith
214.50 fret, back to Ill*:10INT 1W tIW111111T11G, aubJact to a 25 foot Knae:lan6 an go
11outh aide. . _..... M . �•- _
LOT 20v-
A parcel of 11-11 in R tea: t nr 'U'vr roastnt I,et rj1 '!oa1i,,n 1j1, T.66S., 11.306., on
No Mom Kay, it•nrnc Cannfty, F^rtd sin Hurl tN.i!4 arrly danarlbod by memo
and bounde as fellow& 1 Calu•I,encinn at tiw Ho1't1atent Corry. r nr nevrr mant Eat 5, tear
Seutly 3113 foot; thlmac bear nut, 20$ foot to thn 1'Ol►!T #W 11:111I141:ii1 or the ,•areal
of ]and Nort:inaftor dayarib:'tlj tlu:noe continua &:-It, 5C P-ctj tI"nct: bear north, 511.50
teat to a onnalt than'r. bvr Want, ni IV% staid canal, 60 a'ot; t1x'nas boar Sonvh
A1.50 f-st, back to We ."101 •`r 111flIN111110, nubiont to a 29 rent KriammAnt an the
Sontit etdu.
TAT 211- 1i
A pares! nr land it, a ••'1rt ri 0nv.., nt Lot 5, Actinn 111, T.fs64., 11.3011., on
I.o fame Key, Mnnrre rnunty, Rl•+ritiz anti bring mra ;,.lrtirnlarly deacr!bn1 by motes
a•1d betmlb an follvira 1 attv%mcb r: nt Lila li-rtlomat 0nrnar nr Anvarrmwnt tat 5, }tear
South, 3113 fret t • • n••r bear Fast, :'65 font to tin potille if P.133I']!Tl,G of th- parcel
of land ttemin•41 I •c•r;bcsi: thnnan e,ntinue sent, 60 fart; ikanao bet•r lorth,
1111.50 feat to a e'+11LI; tJ1a. C, !•ran' W-o1, alnnp, naid Mal,r,0 fantj the nee briar
Smth, 1111.50 that, back to dea t•Jt':r ill* IINW11't`10, nubieet to a 25 filet V413emeni'
an ti,e :ia.lth aide.
LOT 221-
A p1mal of land in a pnrt at now.rmmant lot 5, Scotdan 24, T.66S., 0.30i1-, an
No Hanle Key, Honree Unankv, irlarld& ned b..inj; trsre particularly dnacribnd by -rated
and botuala as Dollouat Ca:awrotilttl aL Win Harth'roat Corner of 0overnatetw jai. ", bear
South, 30 Diet} ttance boar F•tat, 325 fact tn•tho 14MIT OF &nIHUrA if ties :.areal
of ]and horMnafter &itaribod; bt once eantLmuo Sant, 60 feet; thenre bear North,
241.''0 fact to a canal; theinon 1% «r Wau L, alkati; nail canal, 60 feat; taerar bear
ite:•th, ]h1.550 lout, back Lo the ;VYIIT nF 0611111IIIn, 8103eet to a 21% trot Lalament
on the Scent side. ,
A partial of land in a port rl Oavornment Lot 5. Aooti,en 16i T.663" R.70E. on
!A:-V' Ne IE=* hays Caulty, L9rrWa and buihtt kialm Irartiaulaily dascriboid 6y testae
cad boumb AN 1o11ovo1 Or. .lnoi►'A at Lite Florthwa'16 Cnrn.•r sxr lbtw•rnment Let 5, bear
$auth# 343 foiliti tbanoo bars Luw 3e5 foot to tlse POPIT W •'i'AINiI1W of Ths parcel
of land lorsin,•Rfbtr sleseril,ad; thence aontinull 1&%st, 60 fociff thence held' North,
IU,50 feet to a canal; •thup" bn-r 1ptat, aloof, said banal` 60 foot} thenco b► rr
w yt^4 1 `•a.; � ' • 8auths 2A." foot, bock to `d a I'MIN 11F 04141,111101 subject to n 25 frob 13: aemsilt
. i.MF,�J?!:'.,.•y. w:tit.
. , ,4. • t . ' . T
n E:ttF1131 An
10T 2j- a �".528 w 538 : ;�:'. -
A porcol of 1v:ut in A onrL 4 Ibovn �� 8etltian 28 '1Lf461}.i a•3t>8• on
No dates Kay, Mlrnrrrn County, b'lerida nR more lrnrtioulalu dvoaribod 9q t"Lee
and banmtn an r�t'Irrwn, rbn.xsr.nMnp, n6 IM rLitvant (moor sit 1levn410afth (et 5, Laos.
South, 31L1 ,notl) thnim b.irn• }lost, illlp took to the p0IM1'P ny IbnIHIIINU at the parcel
of land Ia-rrinrarLn• titencribtult th•snon aalltimw Put, 60 foot) theme bonr Ilarth,
241-50 PHA t* it shoal} 14111`10.0 b.rm d"t, ILI e11, nail cnnala 60 hint; Hotline borr
Heath, 1111.50 fritt, book to the .1111.74Y (it? lUOrq!YrM, nubjouL +n a 25 feet 8uoetennt
en dia .;agth aide.
LClT 2 e- •
A parcel of Imid in a •sort of tDbvnrnne:tt lot 5, neatian 10, T-662es A.30P6, on
We Rome Katy, Hr.rtren ii or, Flormu still Laing ttnrrn nerl lcninrly described by x%. -o
sod 'bourvkt an 170lows Cow wnci.nll at tiro Ilofikbtvant tLirwr of 11ovarilmot Let 5s 4wr
'*4*Ao 3113 _vnr.tl tIvnee b••atr Owtt 105 1*4 to the NI►.`IT F 0010111—= of the pntirl
)IT 3AM Itor+.4nr.ft•h• Owuribnd, 1114nae centimta Rout, 60 fant thenna b:.ar Marti,
0.50 Net t.. a ca-,nil thane b..r.r uloac. a.enlx said canal, 60 foot, theme boar '
"South, 1111.50 fort, hack tr tie I'n 'T CW 'mr limits, enbjoet 4,o a 25 frob gossamer
on Mir tlodUt slide.
LO•r 26t-
A purcol of lank in a part of (low-mmnt Lat k, Section 18, 1.66;t,, 1.30Z. on
% deice Kay, Honroe Ununliy, Floritu► anal b:tt x more itarticularly (I cribed fly sus All
on 4 bounds an foll.awd s Ooweonairtte .,t the Horthuout Certrsr or OovernrtrnlV Lot S. b soar
Cauth, 3b3 Prat, Mission b•••r bicL, 565 lent to Lin .YiZt•'P tlst .11l;<}IbINIr!0 of the dr: -jai
of land Itereitttft•r dat:aribad, ti:ance cantitma East, 60 feet thcvan boar f th.
11i1..50 -real. to a canal, tiasncu b_rr slut, u)•.nR 3.%JA W..1I, 60 fuet, tg111, a.•
Snu'Jy U1.,50 toot, back to the 101TAT ri+ TF4}r:� 11F}, nub,lr:ut to a 2r• feet 9 ,,w%A
on the Souds aide. _
LOT 27s-
A paraal of larl•1 in a •..sot of 0nv.rnmant Lot 5, Section '1$rr•T.665., MOIL. on
We Nnre Key, :•bnsaa 4+rutty, plra•Lrla arvt bolo, t•ro•r, ter.rULauinrly tloAorilanl �iy stolen
arul Ina.ul:t no feltewns Orive-not:q; at the IlooLum L earner of Oov:rrrneant Mat 5, bear
SouUts 343 runt; vi •trim burr •bulk, 625 Not to Linn i•t11:1'r to UPm11i1f21:0 of the parcel
of land lu:rr,}nafiv. tk,nnrllrrd, C"ince onnit like Lunt., 60 f-at; tltone .: r r'e"th,
1111.5(1 fart to a eanol, t!trnan hi- r V•sts silos.,; ttvltl canal, 60 feoq r.:• war
6onth, 21a.50 frat, hack to thr. thrIl.'T OF Nr771t1••(N!}, nubjaeL to a 25 fwk &ID"lont
an the Seutsh cilia.
LOT 28 s-
A parcel of land in a port r•f rawnrnrnent Lot 5, :leaden 18, T.66S-, R.3OS-, en
No Name Kay, Ivsnrun Cnun4y, Flori ds mal buinr r.rs+ , •n•tieularly described by sretrn:
and b:,ultdrt as fall ewp i Oaiwatrainp a L lift II01 !:•n►s. Oat oar of daveaneent Ls % 5, bear
Mouth 31t3 Pant, Matinee bony Dist 605 foot to t1.3 .,Or Y *@V 1114=111THO of Me parcel
of land Iterein.•+ft-r dnKarr.;sad, Uranne continuer Va:10, 3O fnatl thence lasar horth,
2111.50 10°s t to a cannl, thtance lit-.r 'jest, alrn.• u tid aanal, d, fe:• r.; 1no-ma bear
South, 11i1.JO teat, back to Me er,t'•: -;y U4);.1r ..%, subjact '6e a 75 fomt Iaeament
an the South aide.
LOf 29�-
A parcel of land in'a *cart of sot "-uaant Lot 5, Dee :inn 1Q, r.be., 11-:US,, ea
No Pies Key, !:•• rap C-unLy, Flewl.d l and ba;nR mr-? • : tloul arl , %buira$nra ay metals
and botuula as fa.ilowat 2ri. vittint: at the ;;.•rilatwat .;m-iw of 9avorrraant r.t 5, bear
South, 343 fast, thence boar :riot, 7h5 font to tiro I".IirrT C%V 111114Ilp!1:10 of the parcel
of land harzinafter tlaooribnd, lhown omtimte I; sit, 50 fprttt atones.. bsw Borth,
341.50 Not to a Clonal, Uu-nea be-r Uioat, a;esu; e.•n.t canal, 60 feet, thence boar
South, llll-$o 11mt, baa-t to tam : OIN:` • e %ai,: lINO, nub; ect to it 2y foot 6,.esrtonL
on the South aide.
LM- 0 -
A parcel of land in a n.rs•t as. OevrrtvY+nt Lot $, ?eetion 28, Teftep RJOS.s on
No Marge Keys Monsoon Calmly, Flel•ith antl Laing Halle ;nttrUilularly donaribod by maths
AM boutide as fanatics Guax,soinp. At Llto HnrMsent carer of 0cworteuntt Lt; 5, La.r
South, 343 foot; thence b.tnr Rant, Cos :font to Use :010.Y 111? :tRU111r111% of the parcel
of land berainnfter rxsnasiLed; thence continua Sant, 60 font( thanee bear lorth
U1.511, Bent to a nanall t'muan b.%. r Nest, Axonl; vaid canal, (10 toot's `henna boar
South, 1.47.50 fn•at, back to Mtn .'0i"T .71F UrJiI :'(bWi, anb.cat In a 2.11 foot Lr.urerent
Do the Saudi aide.
" (0.•11 [BIT A'
72
�� ; •� �-
P�
• A parrooi of Lain in a part of Oer**mnt Itet 5, Motion 18, ToMoStIp Re:'PR. oil
'. • do NnPo Key,, Winron Cooney, Fonda and bnin8 ianro 1vnrt!•auiar]y cbwurittud 6 �gelae
57% and 060mb ae faa,.ows I ant-manoinl. at tgja lhnrtltwoort Or::tiMr air Onvow m+a'. Jot 50 Ir1•ar
Wtho 3h3 Coati thonae beer Beat, 865 Conti thonoo boar llarth, 70.75 1.% 1
WINT DMV,3t1IN0 of tM nireel of land harrinnfl-ar dr• it:rib\di Oman cantimta
hp4lriTIQ Barth, 70.75 foot. t••, a canals tavnnoo but.r Rut, alornt aRld canal, US fnot
rwre or ]ons, to the ahornline of 8paniah t1ho me11i il:nncn imandar the shorulltM o
tjnbh Mannal Ira a doutliorly direction to a ttni.nt witiah is 70.75 foot., Measured
At right atua]as to tltb nrriaodUsp, onnrsn and 'ae"ring. R'tae It rm the mINT 'T IIN31PIllN0i
••. r•_.• thbnoe bov Uvot, 150 NuLj %irre or luve, boalc in •the P-Ah'i :1•' It'r UM.t140. _
iI
i'
!'�aY'•i)1'�Iplt Pa4i�rtv,,ty
v. 'lit!gr�+,� tt. .
✓r s"t ,I\ty,11'"•`�`c iY•�+=P'�..5�( "i q�lrJ'�/"% ,
I i ti t', •.. . t'C r.
%'r•'y i.r;rL:.:�i,.`�,s:ftC'.•.rira..'.t.:� t�{,t`".S' j!E•l.�-
'•r�''i • '�ii : d\ tl't'•r5 t��''i t`.,'i'• � ... ..h'j,•''t ..+
I
907355
As1,"57 FAST1247 "
GRANT OF mWom"
STATE OF FLORIDA
COUNTI OF mu 8
-Ih
2519; INDRETURN made and entered into on this 21day of
r �, A.D. 1995, by and between Robert L. Haken and Ruth
R. Eaken, his wife, and Jack 8. Peterson and Marilyn E. Peterson,
bis wife, of the County of Monroe and State of Florida, Grantorep
and George Lopez, Barbara Damon, Brnest a. Damn, Kathryn K. Brown,
•.t
Robert G. Brown, Steven P. Sergio, Peter s. Sergio, Theresa D.
m Jankowski, Dennis R. Jankowski,1la
Deborah Jane Finch, rshe Donna
Fletcher Shaw, Xyle Roos Shur, Linda A. Morrie, John D. Morrie,
ti v Angsligne "Mmise, Xristo Moncins, Dean O. Thompson, Darl G.
M Miller, A. Rdgar Hiller, Jr., Joe N. Posada, Jr. and Dorothy B,
a Poeada, being the owners of tLo s 17-32 at of the u� P(
cno�w w .. .
.c Peterson property and the owners of lots 1-16 of said•n rdea
e Plat, their heirs and assigns forever, Grantees, of tpe County of
" m d Monroe and state of Floridai LO
�t !i 1:
F ato
VNERMS, the Grantors are seised in fee siz*le and in
w P068mmiOm of real property in floe County, Florida described as
follows: a parcel of land on the island of No Name Rey, Monroe
County, Florida being a part of ammrnment Lot S, Section 19,
w
township 66 South, Range 30 East, and being,. particularly
described as followst Beginning at the Nort-et Corner of said
Lot 3; 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 Went,"25.00 feet back to the
said Point of Beginning.
nits s for � ter ones i itials for Sa�F1:
.E. P. M.S.P. Z.
R.L.N.N. E.
Page 1 of 5
0
w-
R,
907355 B1307 NO[! 249
Pull 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 times hereafter, for all purposes connected
with the use and enjoyment of the land of the Grantee and those
likely situated for whatever purpose the land from time to time
lwwftlly way be used and enjoyed, to pass and repass along the
provided roadway or roadways more particularly described as
follows:
A parcel of land on the Island of No Name Key, Monroe County,
Florida being a part of Government Lot 5, Section 19, Tovaship 66
South, mange 30 Bast and being more particularly described as
follows:
Beginning at the the Northwest corner of said Government Lot
5; thence run South along the Westerly line of said Government Lot
5, 343.00 feet; thence ran Bast, 25.00 feet; thence run Worth,
343.00 feet; thence run vast, 25 feet back to the said Point of
Beginning.
TO HAVE AND 20 SOLD the easement or right of way hereby
granted unto Granteets, their heirs and assigns and those likely of
situated as described above, and their heirs and assigns, as
appurtenant to the land of the Grantees and those likely situated
and every part of it.
It is understood that the easement is given upon the express
understanding and condition that it nay be used by Grastore, their
heirs, exaeutore, administrators and assigns in aoajunctios with
the use of Grantees, their hears and assigns, others likely
situated and their heirs and assigns.
Initials for Pet (
s: Initials
_for E e s:
X.E.P. H.E.P. R.L.B.
Page 3 of 5
In .eMVs
907355 WI ?57 FaBE! 248
WHIMU AS, Grantees are seized in fee single of parcels 1-32 of
the unrecorded plat of Peterson property an unrecorded plat of
lands located on No Dame Key, in Monroe County, Florida, which said
lots me depicted on the diagram of plat prepared by C. G. Bailey.
Registexed Florida Land Surreyor, attached hereto as Bshibit A
hazoot. and which lots are individually described by metes and
bounds in the Quit Claim Deeds recorded in OR Book 529 Page 533 and
OR Book 529 Page 536 of the Pablia Records of Monroe County,
Florida, and
NBWXAS, Grantors have con the said lots 1-32 to Grantees
or their eesors in title and,
WMFMUI Grantors have agreed in consideration of the am of
Van Dollars and other good and valuable consideration to grant to
Grantees and all other persons claiming by, through or under
Grantors, or either of them, their predecessors in title,* or their
heirs, assigns or legal representatives by virtue of any deeds of
conveyaaaes describing land located in the saIA unrecorded Plat of
Paterson property, an assonant or right of way over the land
described belay, for the purposes and in the manner expressed
below;
NW, IBIS numftm V 83=1
Ybat, in pursuance of this agreement and in consideration of
the sma of sea Dollars and other good and valnama consideration,
receipt of which is acknowledged, Grantors grant unto Grantees
their heirs, assigns, and Grantees, and to all others LUmly
situated as above described, and their heirs. assigns, and Grantees
forevery
Ini als for Petersonsa Initials for 8a s�•
8. . M.S.P. rR�.L � B.Z.B.
Page 2 of 5
1. . .. .. ..1. a IP 1111111111111111MR. or A 'd • s ■
C07355
It is further understood that Grantors, their heirs, assigns
and tenants in no way will he bound to improve, maintain or
construct a roadway or to keep it in repair] new do Grantors,
their heirs and assigns assme 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,
expressed Or implied, QC by reason of any business couckwted with
mrmt4mm, their heirs and assigns, or otherwise.
XX WXTMS WMMOF, Grantors have set their hands and seals an
the day and year first above written.
Z
are o usesROBE= L. ZAKW
Dateds 00 2995
of 111timms
Zan. win zh=
P 2 MrInted Name o uess 4C-
J.
WMM OF
COMM OF
This instrument was aaknowliedged before an thin day of
1QQ!rb- by rj)bext'L. Sakes and Ruth Makem,.vho,
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2
The Solar Community of No Name Key
1934 No Name Drive
No Name Key, Florida 33043
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, 200(4
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 J1: Declaratory Judgment 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.
enda Item J2: Enforce Comprehensive Plan and Land Development Rezulations
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 J3: 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 without 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: 11 pages total:
• June 17, 2009 BOCC Minutes Agenda Item M-1, 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, 1 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.
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, June 17, 2009
Marathon, Florida
119
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. Neugent. Also present were
Roman Gastesi, County Administrator; Debbie Frederick, Assistant County Administrator;
Suzanne Hutton, County Attorney; Danny L. Kolhage, Clerk; Isabel C. DeSantis, 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 Miami-Dade/Monroe to provide office space at the Gato
Building, 1100 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 Islamorada, Village of Islamorada from the Agreement.
Motion carried unanimously.
COMMISSIONERS' ITEMS
The Board discussed Mayor Neugent's item 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 II, Charles Bone, John J. Sandroni, Kristie Killam, Kathy Brown and
Donald Craig, representing the No Name Key Property Owner's Association; Beth Ramsay-
Vickrey, Alicia Roemmele Putney, representing the Solar Community of No Name Key; Mick
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 Neugent 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 today in terms of preservation of the character of the
island, input from the Fish 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:
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, December 15, 2010
Marathon, Florida
252
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 Staff, 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 C1 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 5, 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 Beruldsen, Beth Fennell,
Robert G. Brown, Andrew Tobin, Esq., representing No Name Key Homeowners; Sloan
263
Bashinsky, Reverend Marney 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-Vickrey, 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
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 call
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
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 K1 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,
v �' RECEIVED NOV 16 ?N laoi05) ��sv t
ere�gy PO B= 6100
g Key West, FL 33040-6100
www.K"Energy.mm
UTILITY BOARD OF THE CITY OF KEY WEST
November 10, 2010
Mr. Mark 1. Rosch
Executive Director
Monroe County Land Authority
1200 Truman Avenue, Suite 207
Key West, FL 33040
RE: No Name Key - Electrical Service Easements
Dear Mr. Rosch:
Keys Energy Services (KEYS) Is In the final design stages for the installation of electrical facilities to
various residences on No Name Key.
There are five lots in the Peterson Subdivision that KEYS will require utility easements. These lots are
owned by Monroe County and Monroe County Comprehensive Plan Land Authority. My research Indicates
that there currently exists a 1995 Ingress/egress easement for the residences.
The attached electrical utility easements that KEYS is requesting will limit the location of our electrical
facilities to within the existing 1995 ingress/egress easement.
Below is a list of the locations KEYS would need utility easements for:
RE# i
Legal Description
Ownership
00108130-002200
No Name Key PT Lot 5 (Lot 22 of an
Monroe County
unrecorded plat
00108120-001500
No Name Key PT Lot 5 (Lot 15 of an
Monroe County
unrecordedplat)
00108120-001600
No Name Key PT Gov Lot 5 (Lot 16 of
Monroe County
an unrecordedplat)
00108130-002600
No Name Key PT Lot 5 ( Lot 26 of an
Monroe County
U R Plat
00108120-000800
No Name Key PT Lot 5 (lot 8)
Monroe County
Comprehensive Plan Land
Authority
Thanks again for your assistance on this matter. If you have any question please call me at
305-295-1042.
Sincerely,
Dale Finigan
Director of Engineering
Dale.FinioanaKevsEnerov.com
DF/ba
c:
L. Tejeda, General Manager & CEO
3. Wetzier, Asst. General Manager & CFO
M. Alfonso, Supervisor of Engineering
File:ENG-150
Thds Bublanert was prepared by Barbara Ardw
Keys Energy SwAces, an 11/10/10.
EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that
MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY
hereinafter called grantor (s) do hereby grant an easement to the UTILITY BOARD OF THE CITY
OF KEY WEST, FLORIDA, hereinafter called grantee, for public utility purposes, In, under, over
and across the hereinafter described land, in the management; operation, maintenance,
extension, construction and Improvement, thereof, to wit:
On the Island of No Name Key in Monroe County, Florida
LOT 8 ALTERNATE KEY 1127621 PARCEL. ID 00108120-MOD
SEE PROPERTY DESCRIPTION ATTACHED HERETO AND MADE PART HEREOF AS EXHIBIT W.
A GENERAL EASEMENT FOR THE INSTALLATION AND MAINTENANCE OF ONE POLE, OVERHEAD
WIRING AND ALL APPUTENANCES NECESSARY. KEYS WILL MAINTAIN THE LINE WITHIN THE
BOUNDARYS OF THAT EASEMENT FOR INGRESS AND EGRESS OVER PROPERTY DESCRIBED
AND IS RECORDED IN OFFICIAL RECORDS BOOK 1367, PAGES 1247 TO 1251 OF THE OFFICIAL
RECORDS OF MONROE COUNTY, FLROIDA.
TOGETHER WITH THAT EASEMENT FOR INGRESS AND EGRESS OVER PROPERTY DESCRIBED
AND IS RECORDED IN OFFICIAL RECORDS 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),
SO AS TO AFFORD THE GRANTEE COMPLETE USE AND ENJOYMENT OF THIS EASEMENT,
INCLUDING THE RIGHT TO CUT AND TRIM, FROM TIME TO TIME, TREES, BRUSH, OVER-
HANGING BRANCHES AND OTHER NATURAL OBSTRUCTIONS ON THE ABOVE DESCRIBED LAND,
WHICH MAY INJURE OR INTERFERE WITH THE FULL AND COMPLETE USE OF THE AFORESAID
EASEMENT.
This easement shall terminate If at any time its use Is discontinued far years.
IN WITNESS WHEREOF, these presents have been executed by the grantor(s) herein, all as of
the day of A D. 20
Signed, Sealed and Dellvered in the presence of:
(Witness) - -- - - - (Seal)
(Witness) (Seal)
STATE OF
COUNTY OF
On . before me the undersigned, a Notary Public In and for said
County and State, personally appeared known to me to be the
person(s) whose nerves subscribed to the within Instrument and
acknowledged that pwarted the same.
SEAL
Notary Public In and for said County
And State
A parcel of land in part of Government Lot 5, Section 18, Township 66 South, Range 30
East, on No Name Key, Monroe County, Florida and being more pardcularly described by
metes and bounds as follows:
Commencing at the Northwest Corner of Government Lot 5, bear East, 505'
feet to the POINT OF BEGINNING of the parcel of land hereinafter described;
thence continue East 60' feet; thence bear South, 141.50' feet to a canal;
thence bear West, along said canal, 60' feet; thence bear North, 141.50' feet,
back to the POINT OF BEGINNING, subject to a 25' foot Easement on the
North side. (Also known as Lot 8 of an unrecorded Plat of the subject property)
Loca 1802478 08/18/2010 1:58PM
F .filed & Recorded in Official Records of
�0NR(iE COUNTY DRNNY L. KOLKAGE
Goap 1802478
E A S E M E N T Ekll 2479 P90 2424
KNOW ALL MEN BY THESE PRESENTS, that
DOYLE CHERI JEAN
hereinafter called grantor(s) do hereby grant an easement to THE UTILITY
BOARD OF THE CITY OF KEY WEST, FLORIDA, hereinafter called grantee, for
public utility purposes, in, under, over and across the hereinafter described
land, in the management, operation, maintenance, extension, construction and
improvement, thereof, to wit:
This instrument was prepared by Barbara Archer, Keys Energy Services, on August 4, 2010.
On the Island of NO NAME KEY in Monroe County, Florida,
See Attached.
A utility easement including the installation of overhead lines, 3 utilitly poles,
and 2 anchors and all appurtenances necessary.
Together with the right of ingress and egress over property of the
grantor(s), so as to afford the grantee complete use and enjoyment of this
easement, including the right to cut and trim, from time to time, trees,
brush, over -hanging branches and other natural obstructions on the above
described land, which may injure or interfere with the full and complete
use of the aforesaid easement.
This easement shall terminate if at any time its use is discontinued
for year(s).
IN WITNESS WHEREOF, these presents have been executed by the grantor(s)
herein, all as of the day of A.D. 19
Signed, Sealed and Delivered in the presence of:
C' (Witness) 0 (Seal)
(I iittn ss) (Seal)
STATE OF / U ss
COUNTY OF 5'u l%'✓Ati}
On �((�l(a5T /7 dol ,"W*Wn9,the undersigned, allotary
Public in and fbr said County gkMH tt4tEe/g�10/fpnally appeared 61he ,
..4CMWr.. to be the person(s) whose
names / subscribed a i+�$•�ent and acknowledged that
executed the same. OF
NOIARY
' Pl IEiC IC Notary4ublic in and for
< •• • ,,. ' � said County �and State
111110���``
5pecific Purpose Sketch to Illustrate a legal description of part of
Government Lot G, Section 18, Township GG 5outh, Range 30 East,
on No Name Key, Monroe County, Florida, prepared by the undersigned
V';,ca 1602478
Rica 2479 Pga 2425
Government Lot 4, Section 18-66-30
N 90°00'00' V✓
Na a M qwY
1 5.50'
F
----
- - -
- - - - -
-- a
5.25'
Q ,I
s oo°oo w w
LEGEND
8.4b�
S 90°00'O0" E
R/W Right of Way
Centerline
(r) Record
oR
a�
'
R
e n
NOTES:
gg
1. The /Mai dewcriptton shown hereon ever .utho..d by the undersigned.
�o
p p
$. Und*rSround foundation and utlNtim w not located.
„JI
3. AB aagl" are 90' (Measur.d t Record) unie" otherwise noted.
a •i
a. Str t addmaw. No Name Key, FL
O 3
6. 72H curvy Is sot r.Lid without the eign.ture end the -41..1 r Lred asal of
Florida Licensed
M8.
a yor and mapper.
Lands ehoen hereon ware not •betr.cted for rVbts-of-wey, --La, ownership.
or other rum instent c of reord.
eI
7. Notth Arrow J. assumed and based on the lapel d.ecriptton.
O
6. ThL sketch I. notassignable.
m
z
a
D. Adjoin— aro of haatsh.d.
10. The descrtptloo contained b.r.ln and ak tch do not represent a hold boundary —y
C
uJ
UC
e R 8
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SPbCTPIC PURP 5N SEE7C71 SO ILLUSTRATE A LBCAL D&SCRDMON
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AUTHORED BY = UNDA?MCNBD
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A parcel of land cc No Nems Key, Monroe County, florid., and I— as pert f
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Gorernmant Lot e. Section Ia. Township BB South, Range 30 Best. said parcel baing more
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partleWaily d""Ibed by met" and bounds as follows:
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BEGINNN'G at the iWter.ectton of the Northeaalarly Right of Nay Liao of Old Sits Road
{A and the Sester{7 Boundary Line of said Ooma ent Lot 6. Section 18, ToawWp 66
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South. Nang. 30 Bast and run thence N OO'OO'DO" B and .Icog the Wd Eaetrly Boundary
Line of Gorernmant Lot 6, Section I& Township 66 Soutb. Range 30 Best for a dietnce
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of W6.63 feet to the flortbwly Line of said C.onerament Lot 6, Section 18, Townxwp 66
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South, Range 30 Beet; Lb..— N WW'00' W and along the said Northerly Lea. of said
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Go>'.rnment Lot 6, S.cUoa 18, Town.Wp 66 South, Rang. 30 Bast for a distance of 16.60
feet; thence S 00'00100' W for . dlatsnce of 6.$6 feet; thence S 90'00'00' E far .
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&at-- of 8.48 feet; tbance S 00'3134' W for . distance of 660.06 feet to Lb. said
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Northwtery R1gbi of Way Line of ON State Road M; thance S 87'63'68' E and along the
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Bald Nortbsastery Rtgbt of Way Line of Old State Road aA for a dtetaoce o! 1$.1B feet
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beck to the Point of Beglnning.
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SPECU7C PURPOSE-90rfVN FOR Keys Energy Serricee;
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1 LYNN 0AYNN. NC.
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J. l,Tn. O'FynO, PS7A
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Florida Rap. /82QB
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July $p. 2010
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Old 5tati Road No. 4A
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MONROE COUNTY J. LYNN OTLYNN, Inc.
CFFICIAL RECORDS 1
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3430 Duck Aw., Key Weal, FL 33040
(305) 206-7/I2 FM OW) 29e-71M