Resolution 260-1999
MONROE COUNTY
OFFICIAL RECORDS
RESOLUTION NO. 260 - 1999
FILE # 1 1 6 98 7 :3
BK# 1 6 2 2 PG# 2 1 6 2
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA,
APPROVING THE GRANT OF A LICENSE TO BELL SOUTH TELECOMMUNICATIONS. INC. D/B/A
SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY FOR USE OF COUNTY PROPERTY TO
CONSTRUCT. OPERATE. AND MAINTAIN, ADD OR REMOVE, LINES OF SYSTEMS OF
COMMUNICATION OR RELATED SERVICES.
WHEREAS. Bell South Telecommunications. Inc. d/b/a Southern Bell Telephone and
Telegraph Company provides telecommunication services within Monroe County; and
WHEREAS, Bell South Telecommunications. Inc. d/b/a Southern Bell Telephone and
Te 1 egraph Company, its successors, ass i gns and affil i ated and associ ated compani es has
requested an easement or license for construction, operation and maintenance as set forth
in Exhibit "A", attached hereto;
WHEREAS, Bell South Telecommunications, Inc. d/b/a Southern Bell Telephone and
Telegraph Company will make a one time payment of $10,000.00 for an easement described in
Exhibit "B" attached hereto; now, therefore
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA. as
fo 11 ows :
Section 1. That a license be issued to Bell South Telecommunications, Inc. d/b/a
Southern Bell Telephone and Telegraph Company. on the premises described in Exhibit "B"
attached hereto in accordance with the terms of the License Agreement, Exhibit A" attached
hereto.
Section 2. That the Mayor is authorized to execute the License, Exhibit "A" hereto.
PASS~A~A~T~ by the Board of County Commissioners of Monroe County.
(..) :.::. < .1.
regu~ !tti~ the Board held on the 10th day of June
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fi3 ~ ti!D~ Pro Tem Freeman
~;~~'im~sioner Neugent
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Art58.is~~~N>i., L. KOLHAGE, CLERK
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~uty erk
Florida, at a
, 1999.
Yes
Yes
Yes
Yes
B
Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:~~
Mayor/Chairman
RCD Mar 15 2000 04:30PM
DANNY L KOLHAGE, CLERK
TELECOMMUNICATIONS UTILITY LICENSE FILE # 1 1 6 9 8 7 :3
BK# 1 6 2 2 PG# 2 1 6 :3
The Board of County Commissioners of Monroe County, a subdivision of the State of
Flori da , herei nafter ilL i censor, II 1 i censes Bell South Tel ecommuni cat ions, Inc.. d/b/ a
Southern Bell Telephone & Telegraph Company, a Georgia Corporation authorized to do
business in the State of Florida, and whose post office address is 20A53 Southern Bell
Center, Atlanta, GA 30375, its successors, assigns, and affiliated and associated
companies, hereinafter "Licensee," to construct, operate, and maintain the following:
1. Telecommunications electrical equipment structure(s) commonly described as
Remote Terminals or substantially similar equipment structures;
2. Buried cables and wires, cable terminals. markers, splicing boxes and
pedestals;
3. Conduit, manholes, underground cables and wires;
4. Driveways or other vehicular access; and
5. Other amp 1 i fi ers, boxes. appurtenances or devi ces; as well as appurtenant
facil iti es reasonably requi red for the support. use, ope rat i on and mai ntenance of such
equipment structures to be installed from time to time with-the right to reconstruct.
improve, add to, enlarge and remove the same on, in or over the Property described in the
attached exhibit "B" (hereinafter "Property").
The foregoing license is given upon such expressed terms and conditions as are
inserted below, and should the Licensee at any time violate any of the terms or
conditions, or use or attempt to use the Property for any other or different purpose than
that above specified, then the Licensor may, at its option, immediately revoke this
License.
I. Easement Fee.
For the privileges permitted herein. the Licensee shall pay to Licensor in advance a
one time charge of $ 10.000.00 for easement
II. Property Maintenance and Access.
a) Licensee shall at all times keep the Property in a proper and safe condition
free from any obstructions or conditionswhich are or may become dangerous to the traveling
public. Licensee shall be required to repair any damage or injury to any County or State
or other property road which occurs by reason of the exercise of the privileges granted
EXHIBIT "A"
Page 1 of 3
herei n and such repa i rs sha 11 be made promptly, restori ng the road or hi ghway or other
property to a condition at least equal to that which existed immediately prior to the
infliction of such damage or injury.
b) Licensee may allow any other person or legal entity to construct wires or lay
cab 1 e or condui t on or under the surface of the Property for water, communi cat ions or
electric power transmission or distribution. Licensee shall have the right of ingress,
egress and regress to and upon said Property at all times for the purposes of installing,
construct ion, ope rat i ng, inspect i ng, ma i nta i ni ng, and repa i ri ng its facil it i es thereon.
Licensee shall have the right to clear and keep the Property clear of all trees,
undergrowth or other obstructions and to trim, cut and keep trimmed and cut all dead,
weak, 1 eani ng. or dangerous trees or 1 i mbs outs i de the Property whi ch mi ght interfere
with-the lines or systems of communication or electric power serving the Licensee.
c) This License in no way restricts the right and interest of the Licensor ln the
use, maintenance and quiet enjoyment of the Property to the extent that such use does not
interfere with the ri ght granted herei n. Any ad va 1 orem taxes accrui ng from Licensee's
improvements shall be chargeable to and paid by Licensee when due if separately assessed
by the taxing authority as personal or real property of Licensee.
III. Hold Harmless.
The Licensee sha 11 hold the Boa rd of County Commi ss i oners and members thereof ha rm 1 ess
from the payment of any compensat i on or damages resulting from the exerci se of the
privileges granted herein.
IV. Duration of License.
This License shall run with the land ln perpetuity and shall be binding on and shall inure
to the benefit of the parties hereto, their successors or assigns. Licensee agrees that
if. in Licensee's sole discretion, Licensee no longer needs the Property for the purposes
provi ded herei n, and the Licensee communi cates same to the Licensor, in wri ti ng, thi s
License shall automati ca lly expi re. Licensee further agrees that it shall remove all
improvements installed by Licensee on the Property and restore the Property substantially
to its condition prior to the effective date of this License, and will do so within sixty
(60) days after expiration of this License.
FILE #116~~~~64
BK# 1 6 2 2
EXHIBIT "A"
Page 2 of 3
V. No Warranty of Title.
No statement contained herein shall be deemed to warranty the title or to represent any
state of facts concerning same.
VI. Resolution of Disputes.
In the event either party hereto fails to perform any obligation under this License, or in
the event a dispute arises concerning the meaning or interpretation of any provision, the
prevailing party shall be paid by the non-prevailing party all reasonable costs and
expenses incurred by the other party in enforcing or establishing its right hereunder.
IN WITNESS WHEREOF the undersigned Licensor has executed this License this I'~ day
, 1999.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:~~~ ....~
Mayor/Chairman
FILE # 1 1 6 9 B 7 :3
BK# 1 6 2 2 PG# 2 1 6 5
EXHIBIT "A"
Page 3 of 3
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A parcel of land in Section 35, Township 67 South, Range
Island, Monroe County, Florida, lying South of Block 57,
STOCK ISLAND, according to the Plat thereof, as recorded
Page 55 of the Public Records of Monroe County, Florida,
particularly described as follows:
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LEGAL DESCRIPTION
25 East, Stock
MALONEY'S PLAT
in Plat Book 1
being more
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COMMENCE at the centerline intersection of Fifth Street and Seventh Avenue;
thence run North 00000'00" West along said centerline of Fifth Street for
25.50 feet; thence run North 90000'00" East for 25.00 feet to a point lying
on the East right of way line of said Fifth street, said point also being the
POINT OF BEGINNING; thence continue North 90000'00" East for 30.00 feet;
thence run South 00000'00" East for 20.00 feet; thence run South 90000'00"
West for 20.00 feet; thence run North 00000'00" West for 17.00 feet; thence
run South 90000'00" West for 10.00 feet to a point lying on said East right
of way line of Fifth Street; thence run North 00000'00" West along said East
right of way line of Fifth street for 3.00 feet to the POINT OF BEGINNING.
For:
BELLSOUTH TELECOMMUNICATIONS, INC.
SKETCH NO. 32930
E. R. BROWNELL & ASSOCIATES, INC.
3152 Coral Way
Miami, Florida 33145
Phone: 446-3511
Fax: 444-2034
THIS IS TO CERTIFY to the above named firm and/or persons that the "BOUNDARY SURVEY" of the herein described
property is true and correct to the best of our knowledge and belief as recently surveyed and platted under our
direction, also that there are no visible encroachments other than those shown. The legal description contained herein
was furnished by owner or his representative. Other recorded instruments may affect this property S,urveyor has not
examined the abstract of title. Location of utilities on or adjacent to the property were not s:ecured. ~nles~ specifically
requested by owner. This survey meets the Minimum Technical Standards set forth by the'.,~f;3LS 'PWSltClr'",t to Chapter
472.027, Florida Statutes. .
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05/07/98
Date
F.B. No. BST 163-27
Job No. FT.-] 04
E. R. BROWNELL & ASSOCIATES, INC.
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By: M.m~. .' '..
Thomas Bro. ell - .. ---
Professional Land Surveyor # 2891
State of Florida
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This drawing is the property of
E. R. Brownell & Associates. Inc.
Reproductions of this drawing are not valid
unless embossed with the surveyor's seal. (<::1 1991
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Legend:
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POC = Point of Commencement L1r(
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POB = Point of Beginning ~~ ~ ~
SP = Set 1/2" Iron Pipe 57A TIDV
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SN = Set Nail 00 \()
FPCP = Found Permanent -0 0 j
Control Point Pto
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R/W = Right of Way line ~ SP U ()OOOO' 00" / J
CLF = Chain Link Fence 2 /7- 00 ><. C. L ,F. ><)
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Notes:
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1) Elevations shown are referred to Na ional Geoddtic Vertical Datum
(Mean Sea Level 1929) based on USCGS Monument Station C 271 located
on US Hwy No 1 on Stock Island, Elevation 8.46 feet
2) Bearings shown are based on an assumed meridian with the center
line of Fifth Street bearing North 00000'00" West.
3) Parcel is located in Flood Zone "AE", Base Flood Elevation 8.0,
based on Federal Emergency Management Agency Flood Insurance Rate
Hap 12087C1728G.
4) Concrete pad for RT cabinet should be set at minimum Elevation 8.0
(Base Flood Elevation).
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"--- 50.201
MONROE COUNTY
OFFICIAL RECORDS
NO. DATE
J. N.
F. B.
REVISION DESCRIPTION
APPROVAL
r\lllTnTT -'n"