Item K2 K.2
County of Monroe P W
;� w 1rJ� BOARD OF COUNTY COMMISSIONERS
r,�� Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tem Holly Merrill Raschein,District 5
y Michelle Lincoln,District 2
James K.Scholl,District 3
Ij David Rice,District 4
County Commission Meeting
March 22, 2023
Agenda Item Number: K.2
Agenda Item Summary #11732
BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2500
n/a
AGENDA ITEM WORDING: Consideration of a Request for Approval of a Resolution Setting
the Time, Date, and Place for a Public Hearing to Review an Application from My Family Trust
12/4/2012 C/O Sam Stoia, for the Monroe County Board of County Commissioners to Voluntarily
Renounce, Vacate, and Abandon Any Right of the Public or Monroe County to a Middle Portion of
the East Second Street Public Right-of-Way, As Shown on the Key Largo Plat of Mandalay, Plat
Book 1, Page 194, of the Official Records of Monroe County, Florida.
ITEM BACKGROUND:
The applicant My Family Trust 12/04/2012 C/O Sam Stoia has submitted an application which asks
for the Monroe County Board of County Commissioners to voluntarily renounce, vacate, and
abandon a portion of the East Second Street Public Right-of-Way, in the Mandalay subdivision in
Key Largo (approximate mile marker 97.6).
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Location of the Requested Public Right-of-Way Abandonment
The portion of the public right-of-way that is being requested for abandonment in this application is
an incomplete middle part of the East Second Street public right-of-way, more particularly described
as an incomplete midsectional portion of the East Second Street public right-of-way, according to
the Plat thereof, as recorded in Plat Book 1, Page 194, of the Official Records of Monroe County,
Florida, bounded on the northwest by Block 3; bounded on the southwest by a portion of East
Second Street; bounded on the southeast by Block 4, Lots 3-8; and bounded on the northeast by a
portion of East Second Street.
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Excerpt from Plat Book 1, Page 194, of the Official Records of Monroe County, Florida(Mandalay
Plat) With the Incomplete Middle Part of the Public Right-of-Way This Applicant Is Requesting
BOCC Abandonment Of Outlined in Orange.
Per the Applicant, the reason for the request is:
...property unification due to contiguous development in this area, public
safety, neighborhood enhancement by re-routing vehicles to enter/exit via
East First Street to East First Ave., creating a T-turnaround neighborhood
which enhances residential neighborhood quality for the single-family
housing within this subdivision. Presently, two vehicles cannot traverse in
both directions at the north corner of East Second Street where it joins
East First Ave. Additionally, the future Bar and Restaurant traffic from
East Second Ave. will he eliminated further increasing privacy to the
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neighbors.
The figure below shows the proposed location and portion of public right-of-way the applicant has
r onmen of, overlaid on 2022 aerial hoto rah of the surroundingarea.
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This public right-of-way abandonment petition is under review by Monroe County professional staff
pursuant to Code of Ordinances Section 19-1. All utilities and relevant parties have reviewed the
proposed abandonment including the Florida Keys Aqueduct Authority ("FKAA"), the Florida Keys
Electric Cooperative ("FKEC"), AT&T, and Key Largo Wastewater Treatment District
("KLWTD").
A summary of each utility's and relevant party's requirements is listed below:
Florida Keys Electric Cooperative (FKEC)
• Letter of Coordination dated June 17, 2021.
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• The Letter of Coordination poses no objections to the request as proposed. Although
not required, an unexecuted utility easement was provided on February 13, 2023. If
this application is approved, a recorded copy of the easement as reviewed and
approved by all parties is required to be submitted to the Monroe County Planning
and Environmental Resources Department("Department")within 30 days of approval
or, beyond that time-frame, the right-of-way shall automatically revert back to the
Monroe County BOCC. If after approval, should the applicant desire to relocate
utilities within 30 days of approval, the applicant shall submit an executed Right-of-
Way Abandonment Agreement for Utilities Construction and Relocation to the
Department for review, approval, and recording with the approval, otherwise the
right-of-way shall automatically revert back to the Monroe County BOCC.
Key Largo Wastewater Treatment District(KLWTD)
• Letter of Coordination June 1, 2021.
• The Letter of Coordination poses no objections to the request provided that My
Family Trust 12/04/2012 be responsible for the full costs of future relocation(s) of
any and all KLWTD facilities at My Family Trust's request that are currently located
within the abandoned right-of-way. The applicant has since decided not to relocate
utilities and provided an unexecuted utility easement on February 13, 2023. If the
request for abandonment is approved, a recorded copy of the easement is required to
be submitted to the Department within 30 days of approval, otherwise the right-of-
way automatically revert back to the Monroe County BOCC. If after approval, should
the applicant desire to relocate utilities within 30 days of approval, the applicant shall
submit an executed Right-of-Way Abandonment Agreement for Utilities Construction
and Relocation to the Department for review, approval, and recording with the
approval or the right-of-way shall automatically revert back to the Monroe County
BOCC.
AT&T
• Letter of Coordination dated June 2, 2021.
• The Letter of Coordination poses no objections to the request provided that the
property owner pay for relocation of existing aerial facilities at a future date which
the property owner has already agreed to. The applicant has since decided not to
relocate utilities and provided an unexecuted utility easement on February 13, 2023.
If the request for abandonment is approved, a recorded copy of the easement is
required to be submitted to the Department within 30 days of approval, otherwise the
right-of-way shall automatically revert back to the Monroe County BOCC. If after
approval, should the applicant desire to relocate utilities within 30 days of approval,
the applicant shall submit an executed Right-of-Way Abandonment Agreement for
Utilities Construction and Relocation to the Department to be reviewed, approved,
and recorded with the approval or the right-of-way shall automatically revert back to
the Monroe County BOCC.
Comcast
• Letter of Coordination dated June 18, 2021.
• The Letter of Coordination poses no objections to the request provided that the
applicant provides a utility easement or will be responsible for the cost to relocate
utilities.
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• A Grant of Easement signed was provided on February 13, 2023. If the request for
abandonment is approved, a recorded copy of the easement is required to be
submitted to the Department within 30 days of approval, otherwise the right-of-way
shall automatically revert back to the Monroe County BOCC. If after approval,
should the applicant desire to relocate utilities within 30 days of approval, the
applicant shall submit an executed Right-of-Way Abandonment Agreement for
Utilities Construction and Relocation to the Department to be reviewed, approved,
and recorded with the approval or the right-of-way shall automatically revert back to
the Monroe County BOCC.
Florida Keys Aqueduct Authority (FKAA)
• Letter of Coordination dated June 14, 2021.
• The Letter of Coordination submitted referenced an approval by the FKAA Board of
Directors at the April 24, 2013, meeting, this was a mistake as it was an approval for
East 1st Street in 2013. The request is going back to the FKAA Board of directors on
February 28, 2023. Per an e-mail received by the Department on February 13, 2023,
the applicant will be relocating FKAA utilities out of the right-of-way requested for
abandonment. If approved by FKAA, the applicant will be required to submit an
executed Right-of-Way Abandonment Agreement for Utilities Construction and
Relocation to the Department prior to approval (if approved) to be recorded with the
approval or the right-of-way shall automatically revert back to the Monroe County
BOCC. If after approval, should the applicant no longer desire to relocate utilities
within 30 days of approval, a recorded copy of an easement is required to be
submitted to the Department within 30 days of approval or the right-of-way shall
revert back to the Monroe County BOCC.
Pursuant to Monroe County Code of Ordinances 19-1(d), all right-of-way abandonments shall
comply with Monroe County Code(s) and standard engineering requirements for road, turn-around,
and fire-rescue access. If required for safety purposes, as determined by either Monroe County Fire
Marshal or the Monroe County Engineer, a dedicated turn-around area shall be shown on the
submitted survey and shall be agreed to in writing and constructed with payment by the property
owner(s) requesting abandonment.
Monroe County Fire Marshal, dated July 19, 2021; revised November 29, 2022
• Letter of Coordination dated July 19, 2021, as revised on November 29, 2022.
• The Monroe County Fire Marshal's Office proposes no objection to the petition,provided
a T-turnaround is constructed as outlined in the application associated with Department
File No. 2021-114. An Agreement for Turnaround Construction dated April 13, 2022,
was provided on July 11, 2022. In addition, an access easement for the Monroe County
Fire Marshal's Office and the Monroe County Sheriff's Office was submitted on January
18, 2023. If the request for abandonment is approved an executed easement is required
to be submitted to the Department within 30 days of approval for recording with the
approval, otherwise the right-of-way shall automatically revert back to the Monroe
County BOCC.
Monroe County Code Compliance Department, , dated September 9, 2021; revised
November 28, 2022
• Letter of Coordination dated September 9, 2021, as revised on November 28, 2022.
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• The Monroe County Code Compliance Departmenet has no objection at this time.
Monroe County Sheriff's Office, dated March 9, 2022, Year; revised December 14,
2022 (email)
• Letter of Coordination dated March 9, 2022, as revised via e-mail December 14,
2022.
• The Monroe County Shriff s Office has no objection at this time.
Monroe County Engineering Department
• Letter of Coordination dated September 20, 2021, as revised via e-mail December 13,
2022.
• Comments from the Monroe County Engineering Department included noting that
with the elimination of the vacation of the end of the road the request to vacate a
middle portion does not meet the requirements of the Monroe County Code of
Ordinances. See MCC Section 19-1(e).
• Pursuant to Monroe County Code, Section 19-1(e):
19-1 e . A right-of-way may be abandoned only at the terminal portion of the road and in
its full width unless one of the following applies:
(1) An adjacent lot owner has on the platted right-of-way or within a setback a
substantial structure which predates the Special Session Law 59-1578 pertaining to
maps,plats and right-of-way. The term "substantial structure" specifically does not
include wood or metal fences, sheds or tiki huts or other items not listed which are
accessory structures; or
(2) The abandonment is requested by a county department or governmental agency
for a public use; for purposes of this subsection public use is a public facility and/or
public/private utility; or
(3) The right-of-way area is unusual in size or shape and after abandonment the
remaining right of way width will be the same on both sides of the abandonment as
show in Example 1.
This public right-of-way requested for abandonment is the mid-section of the East Second Street
public right-of-way, and therefore fails to comply with Monroe County Code Section 19-1(e) as the
terminal portion of the road. The applicant has stated that a `substantial structure' predating Special
Session Law 59-1578 is located within the setbacks on Lots 3 and 4 (81 East Second Street) and
provided backup documentation to circumstantiate the presence of the structure prior to 1959.
The salient dedicatory language of this public right-of-way provides that "The highway, streets and
avenues as shown on th[e] plat are . . . dedicated to the perpetual use of the public, reserving to
Mandalay Beaches Inc. as trustee, it successors and assigns[,] the reversion or reversions thereof
whenever discontinued by law." As such, prior to the public hearing in April, the applicant must
submit legally sufficient documentary evidence of record that My Family Trust 12/04/2012 C/O Sam
Stoia is a successor and assign of Mandalay Beaches Inc. "as trustee."
Based upon this information regarding eligibility for consideration of this application under MCC
Section 19-1(e)(1), the professional staff have no objection to Board approving a resolution to set a
public hearing for April 19, 2023, at the Marathon Government Center, 2798 Overseas
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Highway, Marathon, Florida.
PREVIOUS RELEVANT BOCC ACTION:
November 15, 2006 — BOCC approval of Resolution No. 604-2006 which vacated the southern
terminal portion of East Second Street. This resolution included a reverter agreement associated with
the Development Agreement approved on November 14, 2007. The clause stated that the abandoned
right-of-way would revert back to the Monroe County BOCC if the owner had not substantially
moved forward with the "Mandalay Project" within two (2) years of the approval of the
abandonment. That portion of the right-of-way has reverted back to the Monroe County
BOCC.
November 14, 2007 — BOCC approval of Resolution No. 493-2007. Approval of Mandalay Bay
Development(aka Ocean Sunrise Associates, LLC) Development Agreement to redevelop Mandalay
Resort with 22 permanent residential units, three transient hotel rooms, and a restaurant. This
Development Agreement specifically extended the reverter agreement for Resolution No. 604-2006
to the period required for obtaining Certificate(s) of Occupancy for the development or ten (10)
years from the effective date of the Development Agreement. The Development Agreement
expired and the right-of-way has reverted back to the Monroe County BOCC.
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval to advertise and set the public hearing for April 19,
2023, at the Marathon Government Center, 2798 Overseas Highway, Marathon, Monroe County,
Florida.
DOCUMENTATION:
Reso—Set Hearing
Survey Family Trust
Survey Key Marina Development
Signed and Sealed—Entire ROW Survey
T-Turn Plan
EXECUTED Fire and Emergency Access Easement
Easement- FKEC DRAFT
EASEMENT - AT T DRAFT
EASEMENT - My Family Trust Comcast DRAFT
EASEMENT - MY FAMILY TRUST KLWTD DRAFT
FKAA Utility Relocation Agreement Part Ex
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
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Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required: NA
Additional Details:
REVIEWED BY:
Emily Schemper Completed 03/06/2023 6:19 PM
Peter Morris Completed 03/07/2023 3:36 PM
Purchasing Completed 03/07/2023 3:39 PM
Budget and Finance Completed 03/07/2023 3:41 PM
Brian Bradley Completed 03/07/2023 3:55 PM
Lindsey Ballard Completed 03/07/2023 4:22 PM
Board of County Commissioners Pending 03/22/2023 9:00 AM
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2
3 RESOLUTION NO. -2023
4
5 A RESOLUTION SETTING THE DATE, TIME, AND PLACE FOR A
6 PUBLIC HEARING CONCERNING THE PROPOSED ABANDONMENT
7 OF A PORTION OF THE PUBLIC RIGHT-OF-WAY SITUATED AT, CN
8 ABOUT, OR ON EAST SECOND STREET,AS SHOWN ON THE PLAT OF
9 MANDALAY SUBDIVISION, PLAT BOOK 1, PAGE 194, OF THE
10 OFFICIAL RECORDS OF MONROE COUNTY,FLORIDA, BOUNDED ON
11 THE NORTHWEST BY BLOCK 3, BOUNDED ON THE NORTHEAST BY
12 EAST SECOND STREET,BOUNDED ON THE SOUTHEAST BY LOTS 3-8,
13 BLOCK 4, AND BOUNDED ON THE SOUTWEST BY EAST SECOND
14 STREET, SECTION 06, TOWNSHIP 62 SOUTH, RANGE 39 EAST, KEY
15 LARGO, MONROE COUNTY, FLORIDA.
16 0
17 WHEREAS, My Family Trust 12/04/2012 C/O Sam Stoia has submitted an application
18 requesting for the Monroe County Board of County Commissioners ("BOCC", "Monroe County", U)
19 or the "County") to voluntarily renounce, vacate, and abandon any right of the public or Monroe W
20 County to a middle portion of Monroe County's public right-of-way situated as more particularly
21 described below; and
22 0
23 WHEREAS, under the Monroe County Code and Florida Statutes Chapter 336, it is
24 necessary to hold a public hearing for Monroe County Board of County Commissioners to publicly
25 consider renouncing its rights to the instant Monroe County right-of-way after publishing due
26 notice of said hearing in accordance with said Chapter; and 0
27
28 WHEREAS,the Monroe County Board of County Commissioners desires to hold a public
29 hearing to decide whether to vacate said portion of Monroe County's public right-of-way;
30 X
31 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
32 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 0�
33
34 Section 1. The foregoing recitals are true and correct, and are hereby incorporated as
35 if fully set forth herein.
36
37
38 Section 2. The Board of County Commissioners of Monroe County, Florida,will hold
39 a public hearing on April 19, 2023, at the Marathon Government Center, 2798 Overseas
40 Highway,Marathon,Monroe County,Florida,to determine whether or not to vacate the above-
41 referenced and more particularly described below right-of-way held by Monroe County, more
42 particularly described as follows, to wit:
43
File 2021-114 Page 1 of 4
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I THE PUBLIC RIGHT OF WAY DESCRIBED AS:
2
3 Legal description of entire righ-of-way:
That portion of East 2nd Street extending over andl accross the North 50 feet of Lots 3,, 4, 5, 6, 7 and 8, IBlock 4,
of: "'MANDALAY", according to the plat thereof, as recorded in Plat Book 1, Page 194, of the Public Records
of Monroe County, Florida, Said portion of East 2nd Street being bounded on the North by the Southerly
boundary line of Block 3, of MANDALAY, according to the plat thereof, as recorded in Plat Book 1, Page 194,
of the Public Records of Monroe County, Florida, bounded on the South by the Northerly boundary line of said
Block 4, bounded on the West by the extension of the Southwesterly line of said Lot 3, b'oundedl on the East by
the extension of the Northeasterly line of said Lot 8.
,Containing approximately 15,000 sq.ft.
4
5 Portion bounded by Block 3, East Second Street, and Lots3-8, and Block 4:
N
A partion of East Second Stieel, a 50 lic'),int wildle public right-of-way as showin on rVIAN DAL AY, Q
according to ltie Piat thereof, as recorded in Plat Book 1, Page 194, of the Pubtic Records of zl-
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f0ionro,e Couirity, Florida, desciribe,(.1 as, folliows,
way of said East Second �Street directly >%
All of those portions of the southeasterly half rfght-ot
northwest of aind adlaiceint to the northwesterly lines of Lots 3 through 8 inclusive, IBiock 4, of sackl
Plail, boutid on the southwest by the riorthwesterty extensilloin of thel southwesterly li4ie of said Lot 3,
TOGETHERV071+1
Ail of those porbons of the northwesterly h4if night-of-way of said East Selcon� Street directly 0
southeast of and adjacent to the southeasterly Iiine of the soluthwesterly 2010 feet of the
ni,Drlheasterty, 325 fleet of said Block 3,
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ALSO IDELaCMBED BY rkEl"ESAND BOUND SAS FOLLOWS'"
BEGIN ail Viiie northwest corner of said Loyd, thenice S 45"1025"W Wong ttie northwesteiily line Of E
said Biliock 4, aliso beirigthe southeasterly night-of-way line of said East Second Street, a, distance 0
of 300,00 feel to the sotithwesterly li of card ILot 3, theince Ni 44"491151" W among the
northwesterly lextension of the southwesterty lane' of said Lot 3, a distainice of 25 00 feet to Me
centerline of said East Second Streel" thence N 45"10125" E along said centerline, 99,25 feet to
the southeasterly extension of tf'ie southwesterly fine of the southwesterly 200 feet of ttte 0
iniolf1heastedy 325feet of said IBlock 31, thience N 4449"35" W along said sojuitheasteirty extension of
the sioultimesterly line of t1iie soulthwesterly 200 ,feet of the rvi teasterly, 325 feet olif said Block 3, a
disslaince of 25 00 feet to the srmtheastieNy line of sald 611 3, ado he mg the noirthw esleirly
right-of-w-ay line of said East Second Street, thence N 45"10*25" E along the southe,asteirly fine of
said Mark 3, also being the northwesterly right-of-wary fins l of said East Second Street, a distance m
of 2001.75, feel to the northwesterty, exterislon of the nortfileasteirly iine of saild Lot 81 thence S
44"49'35" E atoingthe northwesterly extension of the northeasterly line of said Lot 8, a dilistarice of 0
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50,00 feet tol the IPOINT OF BEGINNING,
Said lands tying aind situate In IKey Largo, Mil Cioi Fliol rointMningi 12,519 sirfuzuefeet
6 (0,287 acres), more,or less. E
7
8 Portion bounded by Blcok 3 and East Second Street:
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A portion of East Second Street, a 50 foot wide public, right-of-v�eay as shown on MANDALAY,
according to the Plat thereof, as recorded in Plat Book 1, Page 194, of the Public Records of
� Monroe County, Florida, desciribed as foHovvs:
A111 of those portions of the northwesterly half 16ght-of-way of said East Second Street directly
southeast of and adjacent to the southeasterly line of the northeasterly 100, feet of the
southwestedy 225 feet of said Block 3, bound on the southwest by the southeasterly extension of
the southwesterly line of the northeasterly 100-feet of the southwesterly 225-feet of Block 3.
ALSO DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGIN at the intersection of the southeasterly line of said Block 3 with the southwesterly line of
the northeasterly 1010 feet of south,aestedy 225 feet of said Block 31; thence, N 45'1101'25" E along
the southeasterly line of said Block 3, also be�ing the northwesterly right-of-way line of said East CN
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Second Street, a distance of 100,00 feet to the southwestedy line of the southwesterly 200 feet of zl�
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the northeasterly 325 feet of said Block 3; thence S 44':'49'35" E ailong the southeasterly extension
,of the southwesterly line of the southwesterly 20O feet of the northeasterly 325 feet of said Block
3, a distance of 25,00 feet to the centerline of said East Secondl Street thence S 45"10'25" W
along said centerline, 100.00 feet to the southeasterly extension of the southwesterly line of the
northeasterly 100 feet of southwestedy 225 feet of said Block 3, thence N 44"49'35" W along the
southeasterly extension of the southw,resterlly line of the northeasterly 100, feet of southwesterly
225 feet of said Block 3, a distance of 25.00 feet to the POl�NT OF BEGINNING.
Said lands lying and situate in Key Largo, Monroe County, Florida, containing 2,500, square feet 0
1 (01.057 acres), snore or less.
2 U)
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3 Section 3. Construction and Interpretation. This resolution and its interpretation
4 shall be liberally construed and enforced in favor of Monroe County to effectuate its public
5 purpose(s)and policy(ies)of the County. The construction and interpretation of this resolution and E
6 all Monroe County Comprehensive Plan provision(s),Florida Building Code,Florida Statutes, and 0
7 Monroe County Code(s)provision(s)whose interpretation arises out of,relates to, or is interpreted
8 in connection with this resolution shall be liberally construed and enforced in favor of Monroe
9 County to effectuate its public purpose(s) and policy(ies) of the County, and shall be deferred in
0
10 favor of the BOCC and such construction and interpretation shall be entitled to great weight in
11 adversarial administrative proceedings, at trial, bankruptcy, and on appeal.
12
13 Section 4. No Liability. Monroe County expressly reserves and in no way shall be
X
14 deemed to have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign,
0
15 governmental, and any other similar defense, immunity, exemption, or protection against any suit, W 1
16 cause-of-action, demand, or liability. 0
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17
18 Section 5. Severability. If any provision of this resolution, or any part or portion
19 thereof, is held to be invalid or unenforceable by any administrative hearing officer or court of E
20 competent jurisdiction, the invalidity or unenforceability of such provision, or any part or portion
21 thereof, shall neither limit nor impair the operation, enforceability, or validity of any other
22 provision of this resolution, or any remaining part(s) or portion(s)thereof. All other provisions of
23 this resolution, and remaining part(s) or portion(s) thereof, shall continue unimpaired in full force
24 and effect.
25
26
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I PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
2 at a regular meeting held on the 22°d day of March, 2023.
3
4
5 Mayor Craig Cates
6 Mayor Pro Tem Holly Merrill Raschein
7 Commissioner Michelle Lincoln
8 Commissioner James K. Scholl
9 Commissioner David Rice
10
11
12 N
13 BOARD OF COUNTY COMMISSIONERS
14 OF MONROE COUNTY, FLORIDA 0
15
16
17 By:
18 (SEAL) MAYOR CRAIG CATES
19 2
20 ATTEST: KEVIN MADOK CLERK MONnOF COUNTY ATTORNEY
E ks
21 � H,.
22 take:
23 By:
24 AS DEPUTY CLERK
25
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SKETCH & DESCRIPTION
TO BE ABANDONED
PORTION OF EAST SECOND STREET RECEIVED
MANDALAY (P.i . 1, PC', 194, WC. R.)
F E 3 17 2023
i B0E Go PLANNING i)EP'T
SURVEYOR'S NOTES:
1. Reproductions of this Sketch are not valid without the signature and the original raised seal of a CN
Florida licensed surveyor and mapper. zl
0
. No Title Opinion or Abstract to the .subject property has been provided. It is passible that there
are Deeds, Easements, or other instruments (recorded or unrecorded) which may affect the subject
property. No search of the Public Records has been made by the Surveyor.
3, 'Bearing shown hereon are assumed with the northwesterly line of Block 4 having a bearing of S 4 '1 C"2b"
4. The land description shown hereon was prepared by the Surveyor.
0
S, Data shown hereon was compiled from instrument(s) of record and does not constitute a boundary survey.
S, Abbreviation Legend': Centerline; L.B. = Licensed Business; M.C.R= Monroe County
Records; No. = Number; N.E.'LY = Northeasterly, N. ".'LY = Northwesterly; P.B. = Plat Book; PC.
Page„ P.L.S. = Professional Land Surveyor; P,0.8. Point of Beginning; R/W Right—of—Way,
S.E.'LY Southeasterly; SX'LY = Southwesterly.
0
CAI
SURVEYOR'S CERTIFICATION:
I HEREBY CERTIFY that the attached Sketch and description of the hereon described property is true and
correct to the best of my knowledge and belief as prepared under my direction, I FUR IHER CERTIFY 2 1
that this Sketch and Description meets the Standards of Practice set forth in Chapter J-17„ Florida
Administrative Code, pursuant to Section 472.027, Florida Statutes.
Gate: ..._.__02 1 f1 2C23 AEI M. CH' ,E — r° � P L.S.
c'
Florida Ragis %tion No. 5328
AVIROM & ASSOCIATES, INC..
L.B. No., 330
NOT VALgD WITHOUT SHEETS 1 µ 3 _
REVISIONS ANV'IRO A SO:CIA TES, INC'. JOIB 9881-7 &D 1
Re av c� REFERENCE r s zr��rr/ a.ASS SURVEYING YIN &MAPPING SCALE,, V 54"
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SHEET 1 OF
Packet Pg. 2749
K.2.b
SKETCH & DESCRIPTION
TIO BE ABANDONED
PORTION OF EAST SECOND STREET
MAN DALAY (P.B, 1, PG. 194, M.0 R.)
LAND DESCRIPTION:
A portion of East Second Street, a 50 foot wide public right-of-way as shown on MANDALAY,
according to the Plat thereof, as recorded in Plat Book 1, Page 194, of the Public Records of
Monroe County, Fllor,ida, described as follow Ns: Q
0
All of those portions of the southeasterly, half right-of-way of said East Second Street directly
northwest of and adjacent to the northwesterly lines of Lots 3 through 8 inclusive, Block 4, of said
Plat, bound on the southwest by the northwesterly extension of the southwesterly line of said Lot 1
TOGETHER WITH:
All of those portions of the northwesterly half right-of-way of said East Second Street diire,ctly
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southeast of and adjacent to the southeasterly line of the southwesterly 200 feet of the 0
northeasterly 325 feet of said Block 3.
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ALSO DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
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BEGIN at the northwest corner of said Lot 8; thence S 45'1!10'25" W along the northwesterly line of a
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said Block 4,, also, being the southeasterly right-of-way line of said East Second Street, a distance 'a
of 300.00, feet to the southwesterly, line of said Lot 3�; thence N 44'49'35" W along the 20
northwesterly extension of the southwesterly line of said Lot 3, a, distance of 25.010 feet to the
centerline of said East Second Street; thence N 45*101'25" E along said centerline, 99.25 feet to 6
the southeasterly extension of the: southwesterly line of the southwesterly 200 feet of the S
northeasterly 325 feet of said Block 3; thence N ,44"49"35" W along said southeasterly extension, of
the southwesterly line of the southwesterly 200 feet of the northeasterly 325 feet of said Block 3, a it
i
21
distance of 25.00 feet to the souitheastedy line of said Block 3, also being the northwesterly —
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right-of-way line of said East Second Street; thence NI 45'10'25" E along the southeasterly line of M
said Block 3, also being the northwesterly right,-of-way line of said East Second Street, a distance u>-,
of 200,75 feet to, the northwesterly extension of the, northeasterly line of said Lot 8; thence S 21
44'49"35" E along the northwesterly extension of the northeasterly line of said Lot, 8, a distance of
50.00 feet to, the POINT OF BEGINNING,
Said lands lying and situate in Key Largo, Monroe, County, Florida, containing 12,51119 sq,uare feet
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(0,28,7 acres), more oir less.
NOT VAUD WITHOUT SHEETS,1 -3
8 9881-7S&D-1
REVISIONS A VIRO�M&ASSOCIATES, INC J0
. .........
................ SC : "=
21/02/10: REMOVED REFEI��'rXE TO RT& 40,32007/ KC, lk A"38 SURVEYING & MAPPING ALE 1 50'
50 S W 2,N'D A,VENUE,SUITE W2 DATE: 05110/2017
va BOCA RATON,FLORIDA 33432 S.A6 M.
392-2594,FAX�561)394-7125
CHECKED: K.Mi.C,
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WISHED C)2017 A VIROM&ASSOCLATEA,WC,a#dgft MvWv6d. R8, — PG.
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Packet Pg. 2750
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SKETCH & DESCRIPTION
TO BE ABANDONED
PORTION OF EAST SECOND STREET
MANDALAY (P.B. 1, PG, 194, M.C.R.)
I
N.E.'LY LINE OF BLOCK 3 2 5,' 25' II $ 44*49'35" E 50.00'
NORTHWESTERLY EXTENSION OF
------------------------ ----- --NOR111EASTERLY-UNE OF-LOT 8—
N.E.'LY LINE OF LOT 8
PORTION
LOT 8
TO BE ABANDONED P.O.B.
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NORTHWEST CORNER OF LOT 8
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N 44049*35* W 25.00' cy; 0
SOUTHEASTERLY EXTENSION OF cn LOT 4
SOUTHWESTERLY LINE OF
SOUTHWESTERLY 200 OF
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u- NORTHEASTERLY 325' c%4 2%
OF BLOCK 3
Lo n LOT 3 u-
S.W.'LY LINE OF LOT 3
N 44449"35" W 25.00'
NORTHWESTERLY EXTENSION OF
S.W.'LY LINE OF BLOCK 3 SOUTHWESTERLY LINE OF LOT 3 E
0 50 100
GRAPHIC SCALE INI FEET
I"=50' 1 25' 25' 1
NOT VALID WITHOUT SHEETS 1 -3
T
REVISIONS A VIROM&A SSOCIA TES, INC. JOB 988'1-7 S&D-,'
237C�2110 TEMOVED RFLPVKF. rO RES.493-2007/ K C &,A380, SURVEYING &MAPPING
50 S,W 2ND AVENUE, SVrE 102 DAM O5d1012017
BOCA RATON, FLORIDA 334321 BY: SAW
TEj., (561)392�2,594�FAX(561)394-7125
www.A VIROM-SURVEY corn CHECKED: KM,.C,
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1 Packet Pg. 2751
K.2.c
SKETCH! & DESCRIPTION
TO BE, ABANDONED RECEIVED
PORTION OF EAST SECOND STREET
MANDALAY (P.B. 1,PG. 194, M.C.R.) 7 2OZ-4
ROE CO PLANNING DEPT
SURVEYOR'S NOTES:
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Reproductions of this Sketch are not valid without the signature and the original raised seal of a Q
Florida licensed surveyor and mapper, zl�
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2, No Title Opinion or Abstract to thie subject property has been provided. It is possible that there
are Deeds, Easements, or other instruments (recorded or unrecorded) which may affect the subject
property. o search, of the Public Records has been made by the Surveyor.
1 Bearing shown hereon are assumed with the southeasterly line of Block 3 having a bearing of N 4510'25" E.
4. The land description, shown hereon was prepared by the Surveyor.
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5. Data shown hereon was compiled from instrument(s) of record and does not constitute a boundary survey.
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6, Abbreviation Legend: Centerfine; L.B. = Licensed Business; M.C,R= Monroe County M
Records; No. = Number; N.E.'LY = Northeasterly; NX'LY = Northwesterly, P.B. Plot Book; PG. = W
Page!; P.L.S. = Professional Land Surveyor; P,O.B. = Point of Beginning; Res. Resolution; R/W =
Right—of—Way, S.E,'LY Southeasterly, SX'LY Southwesterly. E
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SURVEYOR'S CERTIFICATION:
I HEREBY CERTIFY that the attached Sketch and Description of the hereon described property is true and
correct to the best of my knowledge, and belief as prepared under my direction. I FURTHER CERTIFY
that this Sketch and Description meets the Standards of Practice set forth in, Chapter 5J'-17, Florldo >0%
Administrative Code, pursuant to Section 472.027, Florida Statutes.
Date. 02/10/2023
KEITH M.
'AlE —A—TOW, P.L,S
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Florida Regis ro'hon No. 5328
AVROM & ASSOCIATES, INC,
NOT VALID WITHOUT SHEETS I -3 L.B!. No. 3300
REVISIONS AMID ASSOCIATES, INC. Jos 9881-7S&D-2
1.
Ass SURVEYING & MAPPING
773,76,T77TE[Z�ii ERENCE rO RES. 493 20071 IK,C SCALE:
............... 50 S,W 2ND A VENUE,SUfTE M2 DAM OW1012017
- ........................._____._
By� SAW
................. ................. TES. (561),3,92-2594, FAX(561)394-7125 CHECKEM
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Packet Pg. 2752
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SKETCH & DESCRIPTION
TO BE MAND01NED
PORTION OF EAST SECOND STREET
MANDALAY (P.B, 1, PG. 194, VC.K)
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LAND DESCRIPTION: a
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A portion of East Second Street, a 50 foot wide, public right-of-way as shown on MANDALAY,
according to the Plat thereof, as recorded in Plat Book 1, Page 194, of the Public Records of -0i
Monroe County, Florida, described as follows:
All of those portions of the northwesterly half right-of-way of said East Second Street directly
southeast of and adjacent to the southeasterly line of the northeasterly 100 feet of the
southwesterly 225 feet of said Block 3, bound on the southwest by the southeasterly extension of
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the southwesterly line of the northeasterly 1 00-feet of the southwesterly 225-feet of Block 3.
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ALSO DESCRIBED BY METES AND BOUNDS AS FOLLOW& cu
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BEGIN at the intersection of the southeasterly line of said Block 3 with the southwesterly line of 'E
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the northeasterly 100 feet of southwesterly 225 feet of said) Block 3; thence N 45'10'25" E along E
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the southeasterly line of said Block 3, also being the northwesterly right-of-way line of said East
Second Street, a distance of 1'100.00 feet to the southwesterly Hine of the southwesterly 200 feet of
the northeasterly 3125 feet of said Block 3; thence S 44"49'351'° E along the, southeasterly extension <
of the southwesterly line of the southwesterly 200 feet of the northeasterly 325 feet of said Block 3:
0
3, a distance of 25.00 feet to the centerline of said East Second Street-, thence S, 45'10'25" W
alongi said centerline, 100.00 feet to the southeasterly extension of the southwesterly line of the
northeasterly 100 feet of southwesterly 225 feet of said Block 3; thence N 44049'35" W along the
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southeasterly extension of the southwesterly line of the northeasterly 100 feet of southwesterly 0-
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225 feet of said Block 3, a distance of 25.00 feet to the POINT OF BEGINNING.
Said lands lying and situate in, Key Largo, Monroe County, Florida, cointainiing 2,500 square feet
(0,057 acres), more or less,,
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NOT VALID WITHOUT SHEETS 1 -3
REVISIONS A VIROM ASSOCIATES, INC. --J-0.8t
493-2007/ K C, SCALE: 1. N,
-537111-12"'-111-0-7 R-f.-MO-V—EDR—EFFRi�-""—NCE �O—RES so Ass SURVEYING & MAPPING
561 1,W 2ND A VENUE,SUME 102 DATE. 0WOM17
80CA RA 7"Ok FLORIDA 33432
-------- ................... ............. BY: SkM.
TEL (56 11 392-2594,FAX(56 1)39,4-7,f 25 .. ........-.—-..................................
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1 Packet Pg. 2753
K.2.c
SKETCH'I & DESCRIPTION
TO BE ABANDONED
PORTION OF EAST SECOND STREET
MANDALAY (RIS, 1, PG. 194,, M,C,R,)
N.E.'LY LINE OF BLOCK 3 0 50 100
R'AN 3
171
GRAPHIC SCALE IN FEET
uj In 500
U)i N
BLOCK 3 0 a
rn MANDALAY z z 0
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S 44*49'35" E 25.00' MANDALAY
SOUTHEASTERLY EXTENSION OF >- re (PxB, 1/1194, M.C,R.)
SOUTHWESTERLY LINE OF 25" 25
SOUTHWESTERLY 200' OF I LOT 5
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NORTHEASTERLY 325' 0)
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OF BLOCK 3 of
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P.O.B. I a0.
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INTERSECTION OF S.E. LY LINE OF I6
2 >
BLOCK 3 WITH S.W. LY LINE OF LOT
N.E.'LY 100' OF S.W. LY 225' OF
BLOCK 3
NI 44*49'35, 'W 25.00'
SOUTHEASTERLY EXTENSION OF
m SOUTHWESTERLY ILINIE OF
25
NOT OT 1
vi o NORTHEASTERLY 10,0' OF
SOUTHWESTERLY 225' OF (n
BLOCK 3
&WCY LINE OF BLOCK" 3
NOT VALID WITHOUT SHEETS I -3
OB 9881-REVISIONS A VIROM AS J
SOCIATES, INC, ..................... 7 S&D-2
23/02/�15: REMOVED REFERENU ire RES 495 20071 kC, ASso SURVEYING & MAPPING SCALE: 50-
.....................
50 S W 21VD AVENUE,SUITE 102 IDATE: 05110/2017
SOCA RATON,FLORWA 33432
77EL. (561)392-2594, FAX(56�)394-7 d25 BY: SAW
............................... www A WROM-SURVEYcom
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and sftxAd"60 rep of a.vmd wmmo;;v;n SHEET 3 3
1 Packet Pg. 2754
K.2.d
LEGAL E., C. mm
II�)IIR.II::IIJAll 11 i BY
A
Company, I:C.l Alf::°A&COM11PANY, INC.
IPIV IV:` V AIII... 11 AINID SUFZVIl:..X0RSAJ III3IV AIVmP1f-"IV
t FLu' II:::ZIIDA CEII?II'llll l A'°Vmlf;;;;; OF AIJ�V i 11 11 'A VODII I „ li,,,,V3 74g
„ Cry
' 1,3050 SW 13311 ID CT, MIIAI 11, FILORIIDA 33-135 CN
i„-U ....,,, IP111: 305....234...0533
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11-111::FGAL I I IPTIII IW:
Ifhat portion of V-ak 2nd Street extrm6ng over and aadcro u u Iffie North 50 feet of II....ots 3, 4, 5„ 6, '7 arid 5, Block 4, �.
of:: "'MAINDALAY" according tag the pllat thereof, as recorded in IPIlat lBook 1" V:.Iage 194, of the Pubiiic Records
of Monroe County, 1::1orida. Said IportioIrn of lust 2nd Street b6ng Ibounded on'the INortlhn Iby the Southerly
boundary Iiilne of 11311 Eck 3, of MANDALAY, accordiing to the pllat thereof, as recorded M II°'.1I1at II3ook 11, IPage 194,
of the 1::NjIbllic Records of Monroe County, Florida, bounded on the South by the NortlherVy boundary Vine of said 0
V fuck 4, bounded on the West Iby the extension of the Southwestedy Viirne rat said Lot 3, bounded oIrn the IV::::.ast Iby
the exteinsiion of the Northeasterly Viilrne of said Il.....ct.B..
Contaiining appra ArnateVy 15,000 sg,ft„
m
SUS Ilf;' "I" .,
_ ... ....-
'I.. This is not a IBoundao,°y Survey.
2.. This 'urnstirumernt was conducted for the pu.urpose of a"SKII:::: " II°T & LEGAL IC;)E R1f::11I 110IN"oinlly and is not 0
inIlended to delineate the reguIatory jurisdicfion of any federal, state, regional or Iocall agency, board, �
corrnrnission or other entity.
3. 1Bearings shown hereon are (based on an assumed meriid'ian of '45"3 '00"W allong the Center fine of
2nd Avenume..
4. "This instrument has Ib(.::nen prelpaired fear the exclusive use of the entities nar°ned (hereon oMy and the
celrtifications (hereon do not exted to any u.rnnarrned parties,
5„ Cerftiified to:: Vey FairniVy Trust/IKey Mariana Develloprneint
5. "'rhiis instru,urrneint was ccndu�cted for the purpose of(Road Closure of 11:: ast 2nd Street,.
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7. Professioinal (Land Suweyor and Mapper in Iresponsiilblle clharge„Armando II::::'..Alvarez II.....S 5526, Mate of
FlIo ida.
8 "'ll'lhis instrument is not vapid wu tlhout the signature and the raised seal) of a II=1Iodda Licensed (Land Surveyor
and Mapper.
V hereby certify to the Monroe County IRight.of Way Department that the Iket:ch & Legal Descriilpticn
of the described property is true and correct to the (',:.rest of my IknowIledge and Ibellief, as recently prepared
under rny direction; aiso that meets the MO nirrrnu.urn'TVeclhlnicaV Standards set iirn Chapter a ter 5J 17, V:::°oidda
Administrative Code„ pursuant to Section 472.027 Fforiida tat Digitally sligi T d lby
rmand
Irm i do Alvarez
y r . � Date: 2 23. 2.22
�SE No
4& ,, o Alvarez ,3.12:16 05'00'
26
N ` ATIEVE��
a�r�TII::::gar By° Armando F„ Alvarez II..... 552
Irate„ 01...13-203 � w
V raaVes sii�alnaV Lalrid Surveyor Mapper �
Job No.: 23,,,.00 " ' ,see v la� Mate of Florida
INOI L1I11 11 FIB°°IOU"'F' S III°°IV IE T 2 011f` 2
(SHEET 2 O1i' 12 CO NTANS SKETCH&N.... GN...ID s IRIIPT11 1N) SHEET 1 II::--2
Packet Pg. 2755
K.2.d
"NNE WON & L MODAL L DENCRIF PROM
SCALE: 1 INCH = 50 FEET
50.W LOT s
1 771
ell c14
LOT S Q
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25 00 - 25 00 �= J
LOT 7
Lo
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LOT 6
BLOCK 3
'MANDALAY' BLOCK 4 a a
P.B.1,PG.194 -- ---
MONROE,CO. 'MANDALAY'
P.B.1,PG.194 E
Q MONROE,CO. O
i Q y m
NO W LOT5 G
8
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LOT 4
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--- ---
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LOT 3
�.-25 00 25.00'°,
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Armand Digitally signed ---- _--
by Armando S494ME
O _ _ 50.00' �, �
Alvarez `� LOT
Date:2023.02.22
Alvarez
13:12:00-05'00'
' Lot 1
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0 0
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2ND AVENUE
NOT VALID WITHOUT SHEET 1 OF 2
(SHEET 1 OF 2 CONTAINS LEGAL DESCRIPTIONS AND SURVEYORS NOTES) SHEET 2 OF 2
...........--
Packet Pg. 2756
This instrument was prepared by
and return to after recording:
Jess Miles Goodall
Attorney at Law
SMITH HAWKS, PL CN
Q
138 Simonton Street zl�
Key West,1��'L 33040 0
............................................................................................................................................................... ...............................................................................
FIRE DEPA11RT'M11k.,N,r AND SHERIFF'S OFFICE ACCESS
AND EMERGENCY USE EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that MY FAMILY TRUST 12/4/2012 and
KEY MARINA DEVELOPMENT, LLC, a Florida limited liability company (collectively the
"Grantor" , does hereby grant a nonexclusive easement to the Monroe County Fire Department and
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Monroe County Sheriffs Office, their affiliates, licensees, agents, successors, and assigns 0
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(collectively hereinafter called "Grantee"), for fire department and sheriffs office access and
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emergency use, in, under, over and across the hereinafter described land (the "Easement Area"), to M
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wit:
On the Island of Key Largo in Monroe County, Florida:
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That portion of East 2nd Street extending over and accross the North 50 feet of Lots 3, 4, 5, 6, 7 a
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and 8, Block 4, of. "MANDALAY", according to the plat thereof, as recorded in Plat Book 1,
Page 194,of the Public Records of Monroe County,Florida. Said portion of East 2nd Street being
bounded on the North by the Southerly boundary line of Block 3, of MAGALAY, according to <
the plat thereof, as recorded in Plat Book 1, Page 194, of the Public Records of Monroe County, 3:
Florida, bounded on the South by the Northerly boundary line of said Block 4, bounded on the 0
West by the extension of the Southwesterly line of said Lot 3, bounded on the East by the
extension of the Northeasterly line of said Lot 8.Containing approximately 15,000 sq.ft.
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Together with the right of ingress and egress over property of the Grantor, so as to afford the 0
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Grantee full use and enjoyment of this easement, including the right to cut and trim, from time to MW
time, trees, brush, over-hanging branches and other natural obstructions on the above-described land, U)
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which may injure or interfere with the use of the aforesaid easement.
Grantor hereby grants a non-exclusive fire department and sheriff's office access and
emergency use easement to the Grantee, its affiliates, licensees, agents, successors, and assigns, to
include emergency medical services, law enforcement officers, fire and EMS for unimpeded access
in, under, over and across the described land in the event of an emergency. Grantor acknowledges E
that Grantee shall, in the event of a fire emergency, have full access to the easement area in whatever W
capacity is necessary to fully address the emergency.
The responding agency is Key Largo Fire Department and the access shall be provided in the U_
form of a Knox box or other means as approved by the authority having jurisdiction. a
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The parties hereby agree that nothing contained herein shall create any easement or use rights U
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in the general public nor shall this instrument constitute a public dedication for any public use. X
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Grantor represents and warrants to Grantee that (a) it is the sole owner of the real property
described in this easement, (b) it has the full right and authority to grant this easement to Grantee, (c) E
that execution and delivery of this easement has been authorized by all necessary company actions of
Grantor, and (d) the real property described in this easement is not subject to any mortgage or other
00272394-v4 Page I of 5
Packet Pg. 2757
encumbrance and no consent or approval is required of any party to make this easement effective.
Further, the individual executing this easement on behalf of Grantor personally represents and
warrants to Grantee that they have full authority to execute this easement on behalf of Grantor. CN
CD
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Grantee understands that Grantor may seek to redevelop the easement area. Grantor shall 0
bear all costs of any nature (including all internal costs of Grantee) of any relocation or modification
of any utility facilities owned and/or operated by Grantee, including the cost of removal of any utility
relocated or modified, when such relocation or modification is necessitated by Grantee's
redevelopment of the easement area or other property, grantor's requirements, or those requirements
of any utility other than Grantee. Grantor may require payment of its expected costs, if any, in
advance, but Grantor will pay any and all sums due to Grantee pursuant to this easement upon
request. Further, Grantor acknowledges and agrees that any work relating to the relocation or
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modification of any utility facility will be performed in accordance with Grantee's requirements and
all requirements of any applicable code or law, as may be amended from time to time.
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This easement shall tenninate if at any time its use is discontinued for three (3) consecutive W
years, provided such discontinuation is both: (a) the result of a deliberate and intentional decision by
Grantee to discontinue and abandon the easement permanently, and (b) not due in whole or in part to
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any hurricane, flood, subsidence or natural disaster, or any war or civil emergency, or any repair or C
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replacement of any Facilities or public works within or serving the Easement Area.
[SIGNATURE PAGES TO 1FOLLOW1
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00272394-v4 Page 2 of 5
Packet Pg. 2758
IN WITNESS WHEREOF', these presents have been executed byte Grantor herein, all as of the
03 &ay of re,19111ary 2023.
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Signed, Sealed and Delivered in the presence of.
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MY FAMILY TRUST 12/4/2012
......................... M AIJA4,--—-----------------------
Witne. By:
--------------
Printed Name Samuel Stoia,as Trustee
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itness:
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Printed Name
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STATE OF Pomd-a-
COUNTY OF
The foregoing instrument was acknowledged before me, by means of ET/physical presence 0
)3 OR ot 2023 by Samuel Stoia, as
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Elonline notarization, this da5�
Trustee of MY FAMILY TRUST 12/4/2012, Elwho is p V.rsona-Ily known to me ORE]who has
produced m as identification,El who did OR D who did not take an oath. E 0)
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[Notary Seal] Notary PublicI
Printed Name:
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MI-W, My Commission Expires:
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00272394-v4 Page 3 of 5
Packet Pg. 2759
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IN WITNESS WHEREOF, these presents have been executed by the Grantor herein, all as oft e
�Jl.awyt �i , 2023.
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Signed, Sealed and Delivered in the presence of
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KEY MARINA DEVELOPMENT, LLC, a �
Florida
I�nln limited liability company
Witness
a C y° Samuel Sto„la
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Printed Name
STATE OF 1.
COl1NTY OF '
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The foregoing instrument was acknowledged before me, by means of physical presence U)
OR ❑ online notarization this day U)
..... of t'_ ..... 202.3 by a el Stoia, as
of KEY MARINA DEVELOPMENT, LLC, a Florida limited liability company,
who is personally known to me OR El who has produced as
identification,Dwho did OR 0who did not take an oath.
[Notary Seal] Notary Public
Printed Name:
My Commission Expires: . .. ...... .. ......
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00272394-v4 Page 4 of 5
Packet Pg. 2760
IN WITNESS WHEREOF', these presents have been executed by the Grantor herein, all as of the
day ofrebJ4.2rV 202171
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Signed, Seated and Delivered in the presence of zl�
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KEY MARINA DEVELOPMENT, LLC, a
Florida limited liability company
...............................................................
witness
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Printed Name
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STATE OF
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The foregoing instrument was acknowledged before me, by means of ff-physical presence U)
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ORE] online notarization, this day gn of 2023 by Alana Stoia, as
of KEY MARINA DEVELOPMENT, LLY, a Florida limited liability company,
Eewho is personally known to me OR D who has produced as
identification,0 who did OR who did not take an oath.
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00272394 v4 Page 5 of 5
Packet Pg. 2761
K.2.g
This instrument was prepared by
and return to after recording:
Jess Miles Goodall
Attorney at Law
SMITH HAWKS,PL
138 Simonton Street
Key West,FL 33040
GRANT OF UTILITY EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that MY FAMILY TRUST 12/4/2012 (the
"Grantor"), does hereby grant a nonexclusive easement to the Florida Keys Electric Cooperative �
Association,Inc,its affiliates, licensees,agents, successors,and assigns (hereinafter called"Grantee"),
for access, in, under, over and across the hereinafter described land(the "Easement Area"), to wit:
On the Island of Key Largo in Monroe County, Florida:
A PORTION OF EAST SECOND STREET LOCATED IN SECTION 6,TOWNSHIP 62 SOUTH,
RANGE 39 EAST, MONROE COUNTY, FLORIDA, BEING 50 FEET WIDE AND LYING
BETWEEN AND ADJACENT TO THE FOLLOWING DESCRIBED LINES PER PLAT OF
MANDALAY,A SUBDIVISION OF MONROE COUNTY,FLORIDA,AS RECORDED IN MAP
BOOK 1, PAGE 194 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
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THE SOUTHWESTERLY LINES OF LOTS 3,4,5,6,7,AND 8,BLOCK 4 OF SIAD PLAT OF W
MANDALAY AND THE NORTHEASTERLY LINE OF THE SOUTHWESTERLY 300 FEET
OF THE NORTHEASTERLY 425 FEET OF BLOCK 3 OF SAID PLAY OF MANDALAY.
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Together with the right of ingress and egress over property of the Grantor, so as to afford the 0
Grantee full 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 use of the aforesaid easement.
0
Grantor hereby grants to the Grantee a non-exclusive easement,under, over, across and upon
those portions of the above-described property ("Grantor's Property"), in which U_
(1) no improvements exist (other than surface improvements such as roads or sidewalks), and
(ii)the electrical facilities presently exist. Grantee may use other portions of Grantor's Property,but U
only with the prior written consent of Grantor. �
U_
Grantee, its successors and assigns, shall have only the right to construct, reconstruct, lay, a
install, operate, maintain, relocate, repair, replace, improve, remove, and inspect certain electrical E
facilities and appurtenances which are located or are to be located upon, over and/or under the U)
Property (the"Utility Facilities") and shall have full right of ingress and egress thereto and therefrom W
in,over and across the Easement Area. In the event Grantee, shall use commercially reasonable efforts
to not interfere with access to Grantor's Property. Grantee may at any time enter upon,use and occupy E
other portions of Grantor's Property, but only to the extent that is necessary for the operation,
inspection, maintenance and repair of the Utility Facilities, and shall not utilize Grantor's Property for
any other purpose without Grantor's express written permission.
Grantor shall furnish and maintain the Easement Area free of and clear from any obstruction
and shall not construct, place, or allow the placing or construction of any obstruction which would
interfere with (1) Grantee's safe or proper installation, operation, maintenance, inspection, or removal
of the Utility Facilities located in the Easement Area or(ii)any other right granted to Grantee. Grantor
00254283-v2
Page 1 of 5
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shall have the right to make any other use of the Easement Area which does not interfere with the
Grantee's rights.
The Grantor and Grantee hereby agree that nothing contained herein shall create any easement
or use rights in the general public nor shall this instrument constitute a public dedication for any public
use.
Any obstruction to the safe or proper operation,maintenance,inspection,or removal of Utility
V-
Facilities may be removed by the Grantee at Grantor's expense. However, as a condition precedent to
such removal, Grantee shall first provide notice to Grantor of Grantee's intent and allow Grantor CN
reasonable time to either remove the obstruction or provide Grantee with an alternative portion of
Grantor's Property for the purpose required.
In exercising its rights hereunder, Grantee shall, to the extent practicable under the
circumstances, minimize disruption of and interference with Grantor's Property. Without limiting the
foregoing, Grantee shall provide reasonable prior written notice to Grantor of all maintenance and
repair activities and,except for the case of emergencies or other causes beyond Grantee's control, shall
coordinate its activities with Grantor. Grantee shall promptly restore all vegetation and improvements a
damaged by its maintenance and repair activities to a condition comparable to that which existed prior 0
to Grantee's activities. Grantee shall indemnify and hold Grantor harmless from any loss, damage,
expense, claim, cost or liability (including attorneys' fees incurred) arising as a result of the presence
or activities of Grantee (including its agents and contractors) upon Grantor's Property. W
Either Grantor or Grantee,in its discretion and at its sole expense, may have surveys made of
the location of the Utility Facilities, and may cause an amendment to this Agreement to be prepared C
that accurately reflects the location of any such Utility Facilities. In such event, the other parry shall
have the right to review and approve the survey and form of amendment to this Agreement (which
approval shall not be unreasonably withheld) and both parties shall promptly execute the amendment.
The width of any easement documented by a survey shall be no less than 20 feet wide to allow Grantee
to utilize heavy equipment,to the extent actually required,in connection with its maintenance,repair,
removal and replacement activities. Any amendment to this Agreement prepared pursuant to this
paragraph shall be in recordable form and shall be effective upon recordation in the Official Records
of Monroe County, Florida. Any such amendment may address either all or limited portions of
Grantor's Property, in which case, the amendment may also identify such portions of Grantor's U
Property to which this Agreement and the Easements created hereby,no longer burden or affect. �
Grantee understands that Grantor may seek to redevelop the Easement Area. Grantor shall
bear all costs of any nature (including all internal costs of Grantee) of any relocation or modification E
of any Utility Facilities owned and/or operated by Grantee,including the cost of removal of any utility M
relocated or modified, when such relocation or modification is necessitated by Grantee's
redevelopment of the Easement Area or other property, Grantor's requirements, or those requirements
of any utility other than Grantee. Grantor may require payment of its expected costs,if any,in advance, E
but Grantor will pay any and all sums due to Grantee pursuant to this easement upon request. Further,
Grantor acknowledges and agrees that any work relating to the relocation or modification of any Utility
Facilities will be performed in accordance with Grantee's requirements and all requirements of any
applicable code or law, as may be amended from time to time.
All covenants, stipulations,terms, conditions, and provisions of this agreement shall extend to
and be made binding upon respective successors and assigns of Grantee and Grantor. It is intended
that this agreement shall be recorded and be binding upon future owners of Grantor's Property.
00254283-v2 Page 2 Of 5
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Grantor represents and warrants to Grantee that (1) it is the sole owner of the real property
described in this easement, (ii)it has the full right and authority to grant this easement to Grantee, (iii)
that execution and delivery of this easement has been authorized by all necessary company actions of
Grantor, and (iv) the real property described in this easement is not subject to any mortgage or other
encumbrance and no consent or approval is required of any party to make this easement effective.
Further,the individual executing this easement on behalf of Grantor personally represents and warrants
to Grantee that they have full authority to execute this easement on behalf of Grantor.
Grantor has the option to purchase that certain real property from Keys Marina Development, CN
LLC, a Florida limited liability company, more particularly described as (the"Additional Property"):
as
BE10IN at the intersection of ttuie southeasterly Ilirne of sold Block 3 wwith the southwesterly line of the �
northeosterly 100 feet of southwesterly 22 Meet of said Block 3; thence 45'10'25' E ol�onug the ass
so0heasterly line of said Blocl 3, also holing the northwesterly right—of.. way fine of saiild East Second
Street, o distance of 100.00 feet to the southwesterly lime of the southwesterly 200 feet of the 4;
northeasterly 325 feet of sold Iltloick 3; thence S 44"49'3 " E along the southeasterly extension of the
southwesterly Ilne of the southwesterly 2100 feet of 'the northeasterly 325 feet of sold block a
distance of 25.00 feet to the centerl'lhe of soi d East Second Street; thence S 4510'25" 'yd' id6ong said
centerline, 100.100 feet to me souuthier �terly extension of the southwesterly line of the northeasterly 100
as
feet of southwesterly 225 feet of said 15ll ock 3„ thence N 44"49'35n W along the southeasterly extension �
of tlhie southwesterly Mine of the nortlheasterlly 100 feet of southwesterly 22 Beet of sold Rlook 3, a
distaince of 25.00 feet to the POINT OF BEGINNIM. U)
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Sold lands lying and situate in Key Largo, IMionroe County, Roddo, contalrning 2,500 square feet (OM7
ocres), more or less.
In the event that Grantor exercises its option to purchase the Additional Property, Grantor 0
hereby acknowledges that the Additional Property will be incorporated under this easement, and will
become a part of the Easement Area, and all covenants, stipulations,terms, conditions, and provisions
of this agreement shall extend to Grantee for the Additional Property.
0
All provisions of this easement,including the benefits and burdens,run with the land, and are
binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. U_
9
The parties agree to execute promptly any other documents and to perform promptly any other
acts that may be reasonably required to effectuate the purposes and intent of this easement. w
Whenever the transfer of ownership of all or any part of Grantor's Property takes place, the
transferor shall not be liable for the breach, subsequent to such transfer, of any of the covenants
contained herein.
If an action is brought to enforce the provisions of this easement,the prevailing party shall be
entitled to receive its costs, litigation expenses, and reasonable attorneys' fees.
E
This easement shall terminate if at any time its use is discontinued for three (3) consecutive
years, provided such discontinuation is both: (a) the result of a deliberate and intentional decision by
Grantee to discontinue and abandon the easement permanently, and(b) not due in whole or in part to
any hurricane, flood, subsidence or natural disaster, or any war or civil emergency, or any repair or
replacement of any Facilities or public works within or serving the Easement Area.
00254283-v2 Page 3 Of 5
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[SIGNATURE PAGES TO FOLLOW]
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00254283-v2 Page 4 of 5
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IN WITNESS WHEREOF, these presents have been executed by the Grantor herein, all as of the
day of , 2022.
Signed, Sealed and Delivered in the presence of:
MY FAMILY TRUST 12/4/2012
Witness By:
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Printed Name Samuel Stoia as
Witness:
Printed Name
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STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me, by means of ❑ physical presence
OR ❑ online notarization, this day of 2022 by Samuel Stoia, as E
of MY FAMILY TRUST 12/4/2012, ❑ who is personally known to me OR ❑ who has produced a
as identification, ❑ who did OR ❑ who did not take an oath.
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[Notary Seal] Notary Public
Printed Name:
My Commission Expires: tJ
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00254283-v2 Page 5 Of 5
Packet Pg. 2766
K.2.h
This instrument was prepared by
and return to after recording:
Jess Miles Goodall
Attorney at Law
SMITH HAWKS,PL
138 Simonton Street
Key West,FL 33040
GRANT OF UTILITY EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that MY FAMILY TRUST 12/4/2012 (the
"Grantor"), does hereby grant a nonexclusive easement to BELLSOUTH Q
TELECOMMUNICATIONS, LLC d/b/a AT&T FLORIDA, its affiliates, licensees, agents,
successors, and assigns (hereinafter called "Grantee"), for access, in, under, over and across the
hereinafter described land(the"Easement Area"),to wit:
On the Island of Key Largo in Monroe County, Florida:
A PORTION OF EAST SECOND STREET LOCATED IN SECTION 6,TOWNSHIP 62 SOUTH,
RANGE 39 EAST, MONROE COUNTY, FLORIDA, BEING 50 FEET WIDE AND LYING
BETWEEN AND ADJACENT TO THE FOLLOWING DESCRIBED LINES PER PLAT OF 0
MANDALAY,A SUBDIVISION OF MONROE COUNTY,FLORIDA,AS RECORDED IN MAP
BOOK 1, PAGE 194 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: U)
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THE SOUTHWESTERLY LINES OF LOTS 3,4,5,6,7,AND 8,BLOCK 4 OF SIAD PLAT OF
MANDALAY AND THE NORTHEASTERLY LINE OF THE SOUTHWESTERLY 300 FEET
OF THE NORTHEASTERLY 425 FEET OF BLOCK 3 OF SAID PLAY OF MANDALAY. a
0
Together with the right of ingress and egress over property of the Grantor, so as to afford the
Grantee full 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 use of the aforesaid easement.
Grantor hereby grants to the Grantee a non-exclusive easement,under, over, across and upon
those portions of the above-described property ("Grantor's Property"), in which
(1) no improvements exist (other than surface improvements such as roads or sidewalks), and u®
(ii) the telecommunication facilities presently exist. Grantee may use other portions of Grantor's
Property,but only with the prior written consent of Grantor.
Z
Grantee, its successors and assigns, shall have only the right to construct, reconstruct, lay,
install, operate, maintain,relocate,repair,replace,improve,remove, and telecommunication facilities W
and all appurtenances thereto (the "Utility Facilities") and shall have full right of ingress and egress W
thereto and therefrom in, over and across the Easement Area. In the event Grantee, shall use
commercially reasonable efforts to not interfere with access to Grantor's Property. Grantee may at any
time enter upon, use and occupy other portions of Grantor's Property, but only to the extent that is
necessary for the operation, inspection, maintenance and repair of the Utility Facilities, and shall not
utilize Grantor's Property for any other purpose without Grantor's express written permission.
Grantor shall furnish and maintain the Easement Area free of and clear from any obstruction
and shall not construct, place, or allow the placing or construction of any obstruction which would
interfere with (1) Grantee's safe or proper installation, operation, maintenance, inspection, or removal
of the Utility Facilities located in the Easement Area or(ii)any other right granted to Grantee. Grantor
00254259-v2
Page 1 of 5
Packet Pg. 2767
K.2.h
shall have the right to make any other use of the Easement Area which does not interfere with the
Grantee's rights.
The Grantor and Grantee hereby agree that nothing contained herein shall create any easement
or use rights in the general public nor shall this instrument constitute a public dedication for any public
use.
Any obstruction to the safe or proper operation,maintenance,inspection,or removal of Utility
Facilities may be removed by the Grantee at Grantor's expense. However, as a condition precedent to
such removal, Grantee shall first provide notice to Grantor of Grantee's intent and allow Grantor Q
reasonable time to either remove the obstruction or provide Grantee with an alternative portion of l
Grantor's Property for the purpose required.
In exercising its rights hereunder, Grantee shall, to the extent practicable under the
circumstances, minimize disruption of and interference with Grantor's Property. Without limiting the
foregoing, Grantee shall provide reasonable prior written notice to Grantor of all maintenance and
repair activities and,except for the case of emergencies or other causes beyond Grantee's control, shall
coordinate its activities with Grantor. Grantee shall promptly restore all vegetation and improvements
damaged by its maintenance and repair activities to a condition comparable to that which existed prior 0
to Grantee's activities. Grantee shall indemnify and hold Grantor harmless from any loss, damage,
expense, claim, cost or liability (including attorneys' fees incurred) arising as a result of the presence
or activities of Grantee (including its agents and contractors) upon Grantor's Property. W
Either Grantor or Grantee,in its discretion and at its sole expense, may have surveys made of
the location of the Utility Facilities, and may cause an amendment to this Agreement to be prepared C
that accurately reflects the location of any such Utility Facilities. In such event, the other parry shall
have the right to review and approve the survey and form of amendment to this Agreement (which
approval shall not be unreasonably withheld) and both parties shall promptly execute the amendment.
The width of any easement documented by a survey shall be no less than 20 feet wide to allow Grantee 0
to utilize heavy equipment,to the extent actually required,in connection with its maintenance,repair, -
removal and replacement activities. Any amendment to this Agreement prepared pursuant to this
paragraph shall be in recordable form and shall be effective upon recordation in the Official Records
of Monroe County, Florida. Any such amendment may address either all or limited portions of
Grantor's Property, in which case, the amendment may also identify such portions of Grantor's
Property to which this Agreement and the Easements created hereby,no longer burden or affect.
Grantee understands that Grantor may seek to redevelop the Easement Area. Grantor shall
bear all costs of any nature (including all internal costs of Grantee) of any relocation or modification W
of any utility facilities owned and/or operated by Grantee,including the cost of removal of any utility
relocated or modified, when such relocation or modification is necessitated by Grantee's W
redevelopment of the Easement Area or other property, Grantor's requirements, or those requirements
of any utility other than Grantee. Grantor may require payment of its expected costs,if any,in advance, E
but Grantor will pay any and all sums due to Grantee pursuant to this easement upon request. Further,
Grantor acknowledges and agrees that any work relating to the relocation or modification of any Utility
Facilities will be performed in accordance with Grantee's requirements and all requirements of any
applicable code or law, as may be amended from time to time.
All covenants, stipulations,terms, conditions, and provisions of this agreement shall extend to
and be made binding upon respective successors and assigns of Grantee and Grantor. It is intended
that this agreement shall be recorded and be binding upon future owners of Grantor's Property.
00254259-v2 Page 2 of 5
Packet Pg. 2768
K.2.h
Grantor represents and warrants to Grantee that (1) it is the sole owner of the real property
described in this easement, (ii)it has the full right and authority to grant this easement to Grantee, (iii)
that execution and delivery of this easement has been authorized by all necessary company actions of
Grantor, and (iv) the real property described in this easement is not subject to any mortgage or other
encumbrance and no consent or approval is required of any party to make this easement effective.
Further,the individual executing this easement on behalf of Grantor personally represents and warrants
to Grantee that they have full authority to execute this easement on behalf of Grantor
Grantor has the option to purchase that certain real property from Keys Marina Development, `N
LLC, a Florida limited liability company, more particularly described as (the"Additional Property"):
BE10IN at the intersection of the southeasterly Iliane of slai'd Block 3 with the southwesterly lime of the �
nortlhleosterly 109 feet of southwesterly 225 feet ,of said II Ioclk , thence N 4'5'10'25' E cllornlg the
so0heasterly lime of said Blocl 3, also Whig the northwesterly right—of..........way line of salild East Second �
Street, to distance of 1010.00 feet to the southwwesteely lime of the southwesterly 200 feet of the
northeasterly 325 feet of sold Iq loick 3; thence S 44"49"35" E adonlg the southeasterly externslion of the
southwesterly Illrue of the southwesterly 2110 feet of the northeasterly 325 feet of sold block a
distance of 25.00 feet tic the centerline of said East Second Street;; thence 9 4510'25" 'W lid6on'g said
centerline, 100.I00 feet to me southler �terly extension of the southwesterly line of the 'northeasterly 100 0
feet of southwesterly 22:5 feet of said IBIlock 3„ thoncio N 44"49'35n W along the southeasterly extension �
of tlhle southwesterly Illrne of the nortlhleasterlly 100 feet of southwesterly 22 fleet of sold IRlolok 3, a �
distalruce of 25.00 feet to the POINT OF 9EIGRhllw N . U)
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Sold lands lyangl and situate Iiln Key Largo, IMornroe County, Roddo, Icontlallrninl'g 2,500 square feet I(OM7
oclres), more or less.
In the event that Grantor exercises its option to purchase the Additional Property, Grantor 0
hereby acknowledges that the Additional Property will be incorporated under this easement, and will
become a part of the Easement Area, and all covenants, stipulations,terms, conditions, and provisions
d
of this agreement shall extend to Grantee for the Additional Property.
0
All provisions of this easement,including the benefits and burdens,run with the land, and are
binding upon and shall inure to the benefit of the successors and assigns of the parties hereto.
The parties agree to execute promptly any other documents and to perform promptly any other
acts that may be reasonably required to effectuate the purposes and intent of this easement.
Whenever the transfer of ownership of all or any part of Grantor's Property takes place, the
transferor shall not be liable for the breach, subsequent to such transfer, of any of the covenants w
contained herein.
If an action is brought to enforce the provisions of this easement,the prevailing party shall be 0
entitled to receive its costs, litigation expenses, and reasonable attorneys' fees.
cu
This easement shall terminate if at any time its use is discontinued for three (3) consecutive
years, provided such discontinuation is both: (a) the result of a deliberate and intentional decision by
Grantee to discontinue and abandon the easement permanently, and(b) not due in whole or in part to
any hurricane, flood, subsidence or natural disaster, or any war or civil emergency, or any repair or
replacement of any Facilities or public works within or serving the Easement Area.
00254259-v2 Page 3 of 5
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[SIGNATURE PAGE-TO FOLLOW]
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00254259-v2 Page 4 of 5
Packet Pg. 2770
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IN WITNESS WHEREOF, these presents have been executed by the Grantor herein, all as of the
day of , 2022.
Signed, Sealed and Delivered in the presence of:
MY FAMILY TRUST 12/4/2012
Witness By:
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Printed Name Samuel Stoia, as Trustee 0
Witness
Printed Name
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STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me, by means of ❑ physical presence
OR ❑ online notarization, this day of 2022 by Samuel Stoia, as Trustee of MY a
0
FAMILY TRUST 12/4/2012, ❑ who is personally known to me OR ❑ who has produced
as identification ❑ who did OR ❑ who did not take an oath.
[Notary Seal] Notary Public
Printed Name:
My Commission Expires:
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00254259-v2 Page 5 of 5
Packet Pg. 2771
K.2.i
This instrument was prepared by
and return to after recording:
Jess Miles Goodall
Attorney at Law
SMITH HAWKS,PL
138 Simonton Street
Key West,FL 33040
c14
GRANT OF UTILITY EASEMENT
0
KNOW ALL MEN BY THESE PRESENTS, that MY FAMILY TRUST 12/4/2012 (the
"Grantor"), does hereby grant a nonexclusive easement to Comcast Cable Communications, LLC
d/b/a Xfinity, its affiliates, licensees, agents, successors, and assigns (hereinafter called "Grantee"),
for access, in, under, over and across the hereinafter described land(the "Easement Area"), to wit: 0
On the Island of Stock Island in Monroe County, Florida:
0
A PORTION OF EAST SECOND STREET LOCATED IN SECTION 6,TOWNSHIP 62 SOUTH, ass
RANGE 39 EAST, MONROE COUNTY, FLORIDA, BEING 50 FEET WIDE AND LYING
BETWEEN AND ADJACENT TO THE FOLLOWING DESCRIBED LINES PER PLAT OF M
MANDALAY,A SUBDIVISION OF MONROE COUNTY,FLORIDA,AS RECORDED IN MAP
BOOK 1, PAGE 194 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
a
THE SOUTHWESTERLY LINES OF LOTS 3,4,5,6,7,AND 8,BLOCK 4 OF SIAD PLAT OF
MANDALAY AND THE NORTHEASTERLY LINE OF THE SOUTHWESTERLY 300 FEET
OF THE NORTHEASTERLY 425 FEET OF BLOCK 3 OF SAID PLAY OF MANDALAY.
d
Together with the right of ingress and egress over property of the Grantor, so as to afford the
Grantee full 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 U_
may injure or interfere with the use of the aforesaid easement.
Grantor hereby grants to the Grantee a non-exclusive easement,under, over, across and upon
those portions of the above-described property ("Grantor's Property"), in which E
(1) no improvements exist (other than surface improvements such as roads or sidewalks), and is
(11) the wireless facilities presently exist. Grantee may use other portions of Grantor's Property, but U)
only with the prior written consent of Grantor.
Grantee, its successors and assigns, shall have only the right to construct, reconstruct, lay,
install operate,maintain relocate repair,replace,improve,remove existing wireless facilities and all U_
p p i p � p g �
appurtenances thereto (the "Utility Facilities") and shall have full right of ingress and egress thereto
and therefrom in, over and across the Easement Area. In the event Grantee, shall use commercially
reasonable efforts to not interfere with access to Grantor's Property. Grantee may at any time enter W
upon, use and occupy other portions of Grantor's Property,but only to the extent that is necessary for W
the operation,inspection,maintenance and repair of the Utility Facilities,and shall not utilize Grantor's
Property for any other purpose without Grantor's express written permission. W
Grantor shall furnish and maintain the Easement Area free of and clear from any obstruction
and shall not construct, place, or allow the placing or construction of any obstruction which would
interfere with (1) Grantee's safe or proper installation, operation, maintenance, inspection, or removal
of the Utility Facilities located in the Easement Area or(11)any other right granted to Grantee. Grantor
00254261-v2
Page 1 of 5
Packet Pg. 2772
K.2.i
shall have the right to make any other use of the Easement Area which does not interfere with the
Grantee's rights.
The Grantor and Grantee hereby agree that nothing contained herein shall create any easement
or use rights in the general public nor shall this instrument constitute a public dedication for any public
use. N
Any obstruction to the safe or proper operation,maintenance,inspection,or removal of Utility
Facilities may be removed by the Grantee at Grantor's expense. However, as a condition precedent to
such removal, Grantee shall first provide notice to Grantor of Grantee's intent and allow Grantor
reasonable time to either remove the obstruction or provide Grantee with an alternative portion of
Grantor's Property for the purpose required.
In exercising its rights hereunder, Grantee shall, to the extent practicable under the
circumstances, minimize disruption of and interference with Grantor's Property. Without limiting the
foregoing, Grantee shall provide reasonable prior written notice to Grantor of all maintenance and 0
repair activities and,except for the case of emergencies or other causes beyond Grantee's control, shall
coordinate its activities with Grantor. Grantee shall promptly restore all vegetation and improvements
damaged by its maintenance and repair activities to a condition comparable to that which existed prior W
to Grantee's activities. Grantee shall indemnify and hold Grantor harmless from any loss, damage,
expense, claim, cost or liability (including attorneys' fees incurred) arising as a result of the presence
or activities of Grantee (including its agents and contractors) upon Grantor's Property. C
0
Either Grantor or Grantee,in its discretion and at its sole expense, may have surveys made of
the location of the Utility Facilities, and may cause an amendment to this Agreement to be prepared <
that accurately reflects the location of any such Utility Facilities. In such event, the other parry shall �
have the right to review and approve the survey and form of amendment to this Agreement (which
approval shall not be unreasonably withheld) and both parties shall promptly execute the amendment.
The width of any easement documented by a survey shall be no less than 20 feet wide to allow Grantee U-
to utilize heavy equipment,to the extent actually required,in connection with its maintenance,repair,
removal and replacement activities. Any amendment to this Agreement prepared pursuant to this U)
paragraph shall be in recordable form and shall be effective upon recordation in the Official Records
of Monroe County, Florida. Any such amendment may address either all or limited portions of 0
Grantor's Property, in which case, the amendment may also identify such portions of Grantor's
Property to which this Agreement and the Easements created hereby,no longer burden or affect.
Grantee understands that Grantor may seek to redevelop the Easement Area. Grantor shall
bear all costs of any nature (including all internal costs of Grantee) of any relocation or modification M
of any utility facilities owned and/or operated by Grantee,including the cost of removal of any utility
relocated or modified, when such relocation or modification is necessitated by Grantee's
redevelopment of the Easement Area or other property, Grantor's requirements, or those requirements
of any utility other than Grantee. Grantor may require payment of its expected costs,if any,in advance, W
but Grantor will pay any and all sums due to Grantee pursuant to this easement upon request. Further, W
Grantor acknowledges and agrees that any work relating to the relocation or modification of any Utility <
Facilities will be performed in accordance with Grantee's requirements and all requirements of any
applicable code or law, as may be amended from time to time.
All covenants, stipulations,terms, conditions, and provisions of this agreement shall extend to
and be made binding upon respective successors and assigns of Grantee and Grantor. It is intended <
that this agreement shall be recorded and be binding upon future owners of Grantor's Property.
00254261-v2 Page 2 of 5
Packet Pg. 2773
K.2.i
Grantor represents and warrants to Grantee that (1) it is the sole owner of the real property
described in this easement, (ii)it has the full right and authority to grant this easement to Grantee, (iii)
that execution and delivery of this easement has been authorized by all necessary company actions of
Grantor, and (iv) the real property described in this easement is not subject to any mortgage or other
encumbrance and no consent or approval is required of any party to make this easement effective.
Further,the individual executing this easement on behalf of Grantor personally represents and warrants CN
to Grantee that they have full authority to execute this easement on behalf of Grantor.
as
Grantor has the option to purchase that certain real property from Keys Marina Development,
LLC, a Florida limited liability company, more particularly described as (the"Additional Property"):
BE10IN at the intersection of this southeasterly Ilirne of sold Block 3 with the southwesterly line of the
northeoste0y 100 feet of southwesterly 22 Meet ,of said Block l thence N 45'10'25' E along the
southeasterly line of said Blocl 3, also Whig the northwesterly right—of. way fine of sand East Second
Street, o distance of 1010.00 feet to the southwesterly lime of the southwesterly 200 feet of the �
northeasterly 325 feet of sold IBloick ; thence S 44'49'3 " 'E along the southeasterly extension of the 0
southwesterly Ilne of the southwesterly 2100 feet of the northeasterly 325 feet of sold block a
distance of 25.00 feet to the cernterIlhe of sold East Second) Street, thence S 4510'25" 'W id6ong said
centerline, 100.00 feet to throe souuthieasterly extension of the southwesterly line of the northeasterly 100
feet of southwesterly 22:5 feet of said IBIlock 3„ thon"nae N 44"49'3 " W along the southeasterly extension
of tlhie southwesterly Mine of the rnortlheasterlly 100 feet of southwesterly 22 feet of sold Rlook 3, a
distairnce of 25.00 feet to the POINT OF BEGINNIM.
Sold lands lying and situate in Key Largo, (Monroe County, Eloddo, contalrning 2,500 square feet (OM7 0
ocres), more or less.
In the event that Grantor exercises its option to purchase the Additional Property, Grantor
hereby acknowledges that the Additional Property will be incorporated under this easement, and will 0
become a part of the Easement Area, and all covenants, stipulations,terms, conditions, and provisions
of this agreement shall extend to Grantee for the Additional Property.
All provisions of this easement,including the benefits and burdens, run with the land, and are U)
binding upon and shall inure to the benefit of the successors and assigns of the parties hereto.
as
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The parties agree to execute promptly any other documents and to perform promptly any other
acts that may be reasonably required to effectuate the purposes and intent of this easement.
Whenever the transfer of ownership of all or any part of Grantor's Property takes place, the
transferor shall not be liable for the breach, subsequent to such transfer, of any of the covenants U_
contained herein.
If an action is brought to enforce the provisions of this easement,the prevailing party shall be
entitled to receive its costs, litigation expenses, and reasonable attorneys' fees. 2
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This easement shall terminate if at any time its use is discontinued for three (3) consecutive
years, provided such discontinuation is both: (a) the result of a deliberate and intentional decision by
Grantee to discontinue and abandon the easement permanently, and(b) not due in whole or in part to
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any hurricane, flood, subsidence or natural disaster, or any war or civil emergency, or any repair or
replacement of any Facilities or public works within or serving the Easement Area.
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00254261-v2 Page 3 of 5
Packet Pg. 2774
[SIGNATURE PAGETO FOLLOW]
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00254261-v2 Page 4 of 5
Packet Pg. 2775
K.2.i
IN WITNESS WHEREOF, these presents have been executed by the Grantor herein, all as of the
day of , 2022.
Signed, Sealed and Delivered in the presence of:
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MY FAMILY TRUST 12/4/2012
Witness By:
Printed Name Samuel Stoia, as Trustee
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Witness
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Printed Name U)
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STATE OF
COUNTY OF 0
The foregoing instrument was acknowledged before me, by means of ❑ physical presence
OR ❑ online notarization, this day of 2022 by Samuel Stoia, as Trustee of MY
FAMILY TRUST 12/4/2012, ❑ who is personally known to me OR ❑ who has produced
as identification, ❑ who did OR ❑ who did not take an oath.
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[Notary Seal] Notary Public
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Printed Name: U
My Commission Expires:
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00254261-v2 Page 5 of 5
Packet Pg. 2776
K.2.j
This instrument was prepared by
and return to after recording:
Jess Miles Goodall
Attorney at Law
SMITH HAWKS,PL
138 Simonton Street
Key West,FL 33040
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GRANT OF UTILITY EASEMENT 0
KNOW ALL MEN BY THESE PRESENTS, that MY FAMILY TRUST 12/4/2012 (the
"Grantor"), does hereby grant a nonexclusive easement to the Key Largo Wastewater Treatment
District, its affiliates, licensees, agents, successors, and assigns (hereinafter called "Grantee"), for
access, in, under, over and across the hereinafter described land(the "Easement Area"), to wit:
On the Island of Key Largo in Monroe County, Florida:
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A PORTION OF EAST SECOND STREET LOCATED IN SECTION 6,TOWNSHIP 62 SOUTH,
RANGE 39 EAST, MONROE COUNTY, FLORIDA, BEING 50 FEET WIDE AND LYING U)
BETWEEN AND ADJACENT TO THE FOLLOWING DESCRIBED LINES PER PLAT OF W
MANDALAY,A SUBDIVISION OF MONROE COUNTY,FLORIDA,AS RECORDED IN MAP
BOOK 1, PAGE 194 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
0
THE SOUTHWESTERLY LINES OF LOTS 3,4,5,6,7,AND 8,BLOCK 4 OF SIAD PLAT OF
MANDALAY AND THE NORTHEASTERLY LINE OF THE SOUTHWESTERLY 300 FEET
OF THE NORTHEASTERLY 425 FEET OF BLOCK 3 OF SAID PLAY OF MANDALAY.
0
Together with the right of ingress and egress over property of the Grantor, so as to afford the .,
Grantee full 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 use of the aforesaid easement.
Grantor hereby grants to the Grantee a non-exclusive easement,under, over, across and upon
those portions of the above-described property ("Grantor's Property"), in which
(1) no improvements exist (other than surface improvements such as roads or sidewalks), and
(ii) the Key Largo Wastewater Treatment District facilities presently exist. Grantee may use other
portions of Grantor's Property,but only with the prior written consent of Grantor.
Grantee, its successors and assigns, shall have only the right to construct, reconstruct, lay,
install, operate, maintain, relocate, repair, replace, improve, remove, and inspect Key Largo
Wastewater Treatment District facilities and all appurtenances thereto (the "Utility Facilities") and
shall have full right of ingress and egress thereto and therefrom in,over and across the Easement Area.
In the event Grantee,shall use commercially reasonable efforts to not interfere with access to Grantor's
Property. Grantee may at any time enter upon, use and occupy other portions of Grantor's Property, 2
but only to the extent that is necessary for the operation, inspection, maintenance and repair of the w
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Utility Facilities, and shall not utilize Grantor's Property for any other purpose without Grantor's
express written permission.
Grantor shall furnish and maintain the Easement Area free of and clear from any obstruction
and shall not construct, place, or allow the placing or construction of any obstruction which would
interfere with (1) Grantee's safe or proper installation, operation, maintenance, inspection, or removal <
of the Utility Facilities located in the Easement Area or(ii)any other right granted to Grantee. Grantor
00254262-v2
Page 1 of 5
Packet Pg. 2777
K.2.j
shall have the right to make any other use of the Easement Area which does not interfere with the
Grantee's rights.
The Grantor and Grantee hereby agree that nothing contained herein shall create any easement
or use rights in the general public nor shall this instrument constitute a public dedication for any public
use.
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Any obstruction to the safe or proper operation,maintenance,inspection,or removal of Utility
Facilities may be removed by the Grantee at Grantor's expense. However, as a condition precedent to
such removal, Grantee shall first provide notice to Grantor of Grantee's intent and allow Grantor
reasonable time to either remove the obstruction or provide Grantee with an alternative portion of
Grantor's Property for the purpose required. a!
In exercising its rights hereunder, Grantee shall, to the extent practicable under the C
circumstances, minimize disruption of and interference with Grantor's Property. Without limiting the
foregoing, Grantee shall provide reasonable prior written notice to Grantor of all maintenance and
repair activities and, except for the case of emergencies or other causes beyond Grantee's control, shall U)
coordinate its activities with Grantor. Grantee shall promptly restore all vegetation and improvements
damaged by its maintenance and repair activities to a condition comparable to that which existed prior
to Grantee's activities. Grantee shall indemnify and hold Grantor harmless from any loss, damage,
expense, claim, cost or liability (including attorneys' fees incurred) arising as a result of the presence 0
or activities of Grantee (including its agents and contractors) upon Grantor's Property.
Either Grantor or Grantee,in its discretion and at its sole expense, may have surveys made of
the location of the Utility Facilities, and may cause an amendment to this Agreement to be prepared 0
that accurately reflects the location of any such Utility Facilities. In such event, the other parry shall �~
have the right to review and approve the survey and form of amendment to this Agreement (which U-
approval shall not be unreasonably withheld) and both parties shall promptly execute the amendment.
The width of any easement documented by a survey shall be no less than 20 feet wide to allow Grantee
to utilize heavy equipment,to the extent actually required,in connection with its maintenance,repair,
removal and replacement activities. Any amendment to this Agreement prepared pursuant to this
paragraph shall be in recordable form and shall be effective upon recordation in the Official Records
of Monroe County, Florida. Any such amendment may address either all or limited portions of
Grantor's Property, in which case, the amendment may also identify such portions of Grantor's
Property to which this Agreement and the Easements created hereby,no longer burden or affect.
Grantee understands that Grantor may seek to redevelop the Easement Area. Grantor shall
bear all costs of any nature (including all internal costs of Grantee) of any relocation or modification U-
of any Utility Facilities owned and/or operated by Grantee,including the cost of removal of any utility 2
relocated or modified, when such relocation or modification is necessitated by Grantee's
redevelopment of the Easement Area or other property, Grantor's requirements, or those requirements
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of any utility other than Grantee. Grantor may require payment of its expected costs,if any,in advance,
but Grantor will pay any and all sums due to Grantee pursuant to this easement upon request. Further, W
Grantor acknowledges and agrees that any work relating to the relocation or modification of any Utility W
Facilities will be performed in accordance with Grantee's requirements and all requirements of any
applicable code or law, as may be amended from time to time.
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All covenants, stipulations,terms, conditions, and provisions of this agreement shall extend to
and be made binding upon respective successors and assigns of Grantee and Grantor. It is intended
that this agreement shall be recorded and be binding upon future owners of Grantor's Property.
00254262-v2 Page 2 Of 5
Packet Pg. 2778
K.2.j
Grantor represents and warrants to Grantee that (1) it is the sole owner of the real property
described in this easement, (ii)it has the full right and authority to grant this easement to Grantee, (iii)
that execution and delivery of this easement has been authorized by all necessary company actions of
Grantor, and (iv) the real property described in this easement is not subject to any mortgage or other
CN
encumbrance and no consent or approval is required of any party to make this easement effective.
Further,the individual executing this easement on behalf of Grantor personally represents and warrants 0
to Grantee that they have full authority to execute this easement on behalf of Grantor.
Grantor has the option to purchase that certain real property from Keys Marina Development,
LLC, a Florida limited liability company, more particularly described as (the"Additional Property"):
au
BE10IN at the intersection of tfaio southeasterly (line of sold Block 3 with the southwesterly line of the
nortlheosterly 100 feet of southwesterly 22 Meet of said Block l thence N 45'10'25' E olonig the �
southeasterly line of said Blocl 3, also haling the northwesterly right—of. way line of scud East Second 0
Street, o distance of f GI0.00 feet to the southwesterly lime of the southwesterly 200 feet of the
northeasterly 325 feet of sold IlBlo 3; thence S 44'49"35" E along the southeasterly extension of the
southwesterly lime of the southwesterly 2100 feet of 'the northeasterly 325 feet of sold block a
distance of 25.00 feet to the eenterl'lhe of sold East Second Street;; thence S 4510'25" 'W id6ong said
centerline, 100.100 feet to me souuthier �terly extension of the southwesterly line of the northeasterly 100
feet of southwesterly 22:5 feet of said IBIlcock 3„ thence N 44"49'35" W olong the southeasterly extension a
of tlhie souuthwwosterly Mine of the nuortheasterlly 100 feet of southwesterly 22 Beet of sold Rlook 3, a
distance of 25.00 feet to the POINT OF 9EGINNIM. 0
Sold lands lying and situate in Key Largo, IMonroe County, Eloddo, contalrning 2,500 square feet (OM7 �
mores), more or less.
In the event that Grantor exercises its option to purchase the Additional Property, Grantor
hereby acknowledges that the Additional Property will be incorporated under this easement, and will
become a part of the Easement Area, and all covenants, stipulations,terms, conditions, and provisions U_
of this agreement shall extend to Grantee for the Additional Property.
All provisions of this easement,including the benefits and burdens, run with the land, and are
binding upon and shall inure to the benefit of the successors and assigns of the parties hereto.
The parties agree to execute promptly any other documents and to perform promptly any other
acts that may be reasonably required to effectuate the purposes and intent of this easement.
Whenever the transfer of ownership of all or any part of Grantor's Property takes place, the
transferor shall not be liable for the breach, subsequent to such transfer, of any of the covenants
contained herein.
If an action is brought to enforce the provisions of this easement,the prevailing party shall be
entitled to receive its costs, litigation expenses, and reasonable attorneys' fees.
This easement shall terminate if at any time its use is discontinued for three (3) consecutive
years, provided such discontinuation is both: (a) the result of a deliberate and intentional decision by
Grantee to discontinue and abandon the easement permanently, and(b) not due in whole or in part to E
any hurricane, flood, subsidence or natural disaster, or any war or civil emergency, or any repair or U
replacement of any Facilities or public works within or serving the Easement Area.
00254262-v2 Page 3 Of 5
Packet Pg. 2779
K.2.j
[SIGNATURE PAGE TO FOLLOW]
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00254262-v2 Page 4 of 5
Packet Pg. 2780
K.2.j
IN WITNESS WHEREOF, these presents have been executed by the Grantor herein, all as of the
day of , 2022.
Signed, Sealed and Delivered in the presence of:
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MY FAMILY TRUST 12/4/2012 0
Witness By:
Printed Name Samuel Stoia, as Trustee
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Witness 0
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Printed Name M
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STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me, by means of ❑ physical presence
OR ❑ online notarization, this day of 2022 by Samuel Stoia, as Trustee of MY 0
FAMILY TRUST 12/4/2012, ❑ who is personally known to me OR ❑ who has produced
as o , ❑ who OR ❑ who o k o .idifii i id LL
[Notary Seal] Notary Public
Printed Name:
My Commission Expires:
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00254262-v2 Page 5 Of 5
Packet Pg. 2781
Return to:
Monroe County
Monroe County Planning&Environmental Resources
2798 Overseas Highway,Suite 400
Marathon,FL 33050
Prepared by: CN
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............................ ...................................................................................................... Space Above This Line For Recording..................................... ........................................................-
RIGHT-O&WAY ABANDONMENT AGREEMENT FOR UTILITIES CONSTRUCTION
AND RELOCATION
This Agreement entered into this day of 20 by 0
PETITIONER PROPERTY OIANER(hereinafter"PETITIONER"); and
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WHEREAS, Monroe County Code ("Code") Section 19-1 authorizes, in certain circumstances,
abandonment of a County right-of-way; and
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WHEREAS, Code Section 19-1 provides, in relevant part, that"No right-of-way shall be 0
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abandoned unless there is an agreement to do so by all affected property owners."For purposes of this
Section, an affected property owner is the owner of property which, if such right-of-way is abandoned,
s/he will have, concerning said right-of-way, currently used access eliminated; and
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WHEREAS, Code Section 1-2 defines "property"as including both"real and personal X
property, which therefore includes an affected owner of personal property(for example, an owner of W
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an existing utility line who does not have a real property interest (such as an easement) in the same); M
and. CL
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WHEREAS, the PETITIONER has obtained a obtained a utility's "Conditional Letter of No 0
Objection" in which said entity F kAA states that it has "No objection to the 2
abandonment of the portion of [-. SeCc)e-)C-J t-
Is j(eit
conditioned .2
..........
on rt,I qaior�
. .................... ....................1. 4
................................G ..........tu@.::W rnnirx -an4- m -,ers and;
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WHEREAS, the PETITIONER hereby covenants with the County,by this duly executed and
recorded Agreement, that rdocct6o n............................ of suchutility(ies) shall be the sole
responsibility of the PETITIONER and be at PETITIONER's sole expense (unless PETITIONER and
such utility(ics) agree to otherwise); and
NOW THEREFORE, for and in consideration of the sum of TEN and 00/100 DOLLARS ($10.00),
and as an inducement for the County for approval of this Agreement, together with other good and
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valuable consideration, the adequacy and receipt of which are hereby acknowledged and attested to by
all parties hereto, the PETITIONER agrees and covenants as follows:
1. The foregoing recitals are true and correct and are hereby incorporated as if fully stated herein;
and
Packet Pg. 2782
2. The PETITIONER desires to relocate the A A utility(ies),pursuant to
.............
the Code, in compliance with the Monroe County Comprehensive Plan, and all other
applicable local, state, and federal laws, at that certain below-described real property:
Pareel(s)/Lot(s): Block:
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Subdivision:
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Key: k e4u-I pcaq Plat Book: Page: j 9.0
Approximate Mile Marker: 913,
Real Estate Number(s): 00 and W
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3. All notices, consents, approvals, or other communications to the County hereunder shall be in
writing and shall be deemed properly served if sent by U.S. Postal Service Certified Mail, return
W
receipt requested, in the following form and address:
Monroe County Planning &Environmental Resources E
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Attn: Director of Planning 0
2798 Overseas Highway, Suite 400, Marathon, FL 33050
4. Any and all construction(s) or interpretation(s) of the Monroe County Code shall be deferred in
0
favor of the County and such construction and interpretation shall be entitled to great weight on W
trial and on appeal; and X
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5. RECORDATION. The PETITIONER hereby agrees to and shall, once executed by both parties,
record this Agreement with the Monroe County Clerk of Court and in the Public Records of
Monroe County, and shall solely pay any and all costs associated with such recordation; and E
6. AMENDMENT OR MODIFICATION. No amendment(s) or modification(s)to this Agreement
is/are effective unless the County agrees, consents, and joints in writing thereto. The undersigned
.2
PETITIONER shall record any such amendment(s) or modification(s)to this Agreement, and shall
M
solely pay any and all costs and expenses associated with the recordation of any such U
.2
amendment(s) and modification(s); and
7. LIMITATION OF LIABILITY. The PETITIONER hereby expressly waives its rights to a jury
trial and any rights it may have to bring a claim against the County for personal damage or injury,
or damage or injury to property, that is allegedly caused by the negligent action or inaction of the
County or an employee or agent of the County arising from or caused by the County's
authorization(s), activity(ies), or inactivity related to this Agreement, further holds the County
harmless from the claims of all persons for action(s), inaction(s), activity(ies), damage(s), E
expense(s), and loss(es) occurring on the above-described property and location(s)/site(s)therein,
and the PETITIONER shall be solely responsible and liable for and to any and all parties who
engage in or otherwise perform work relating to said construction/development of the above-
described and below-described utility(ies)relocation(s), and the County shall in no way be either
responsible or liable for any injury caused by the tools, materials, or equipment used by the
2 of 8
1 Packet Pg. 2783
PETITIONER, its employees or agents, or used by the PETITIONER's Contractor(s), or its
employees or agents; and
8. INDEMNIFICATION. The PETITIONER hereby agrees to indemnify and defend the County
and its commissioners, officers, employees, and agents, from any and all claims for bodily injury
(including death), personal injury, and property damage(including property owned by or property
interest(s)held by Monroe County) and any other losses, damages, and expenses (including
0
attorney's fees), arising from any injury or damage in connection with this Agreement; and 0
9, PAYMENT. The PETITIONER is and shall be solely responsible for all costs incurred in the
carrying out of such the utility(ies) relocation(s)project(s) construction/development. It is hereby
understood by the parties that the County shall incur no cost for or in relation to such project 2
construction/development. It is further hereby understood that there are no third-party
beneficiaries to this Agreement, and that no Contractor or Sub-Contractor, or any other person or
0
entity, shall look to County for payment related to such project construction/development; and
10.COMPLIANCE WITH LAWS. The PETITIONER shall comply with all Articles of U)
Incorporation, Bylaws, laws, ordinances, and governmental rules and regulations that apply to this MW
Agreement and to its activities on at the above-described real property location(s)/site(s). The
PETITIONER shall obtain all necessary permits, approvals, inspections, and authorizations as
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may be required by such Articles of Incorporation, Bylaws, and local, state, and federal C
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governments and agencies; and
11. JURISDICTION AND VENUE. This Agreement shall be governed by and construed in <
accordance with the Laws of the State of Florida and the United States. Exclusive venue for any 3:
0
dispute arising under this Agreement shall be in the Sixteenth Judicial Circuit in and for Monroe W
County, Florida. This Agreement shall not be subject to arbitration. If the County brings an action X
to enforce the provisions, restrictions, or terms contained herein and prevails in any such action, W
on trial or appeal, the County shall be entitled to reasonable attorney's fees to be paid by the
losing party(ies), at figures fixed by the court, as well as the reasonable cost(s) of restoring such
land to the natural vegetative and hydrologic condition existing at the time of execution and
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recordation of this Agreement. These remedies are in addition to any other remedy, fine, or
penalty which may be applicable under Chapter 162, 373, and 403, Florida Statutes, and any other
action at law or in equity; and
.2
12. TERMINATION/REVOCATION OF RIGHT OF WAY ABANDONMENT. The
PETITIONER hereby agrees to submit a complete right of way pen-nit application with Monroe
County and............ F 15,AA...............................-within one hundred eighty(180) days of the effective date of
the County's approval of the corresponding petition for right-of-way abandonment. If the
PETITIONER fails to so relocate such utility(ies)in accordance with the
F kAA Utility permit(s) and Monroe County right-of-way permit(s), or fails to
completed construction of such utility(ies)within said time-frame, said previously abandoned
right-of-way shall immediately revert back to the County. Nothing contained herein shall be
construed to prohibit, limit, or otherwise restrict the County's authority to terminate this
Agreement, a duly approved right-of-way abandonment petition, a right-of-way permit, or any E
other permit(s), approval(s), or inspection(s) corresponding to this Agreement or its corresponding
right-of-way abandonment petition, pursuant to applicable provisions of the Monroe County Code <
and/or the permit(s) applied for or issued pursuant to this Agreement; and
3 of 8
1 Packet Pg. 2784
K.2.k
13.ENFORCEMENT. In the event of any breach or violation of the restrictions or terms contained
herein, the County shall, without liability to the County,have the right to unilaterally and without
notice terminate this Agreement, and to proceed at law or in equity as may be necessary to enforce
compliance with the restrictions or terms hereof, and to otherwise prevent the breach or violation
of any of them, to collect damages, and may enforce this Agreement by emergency, preliminary,
and permanent injunction, including ex parte action and motion for such injunction(s), it being
agreed that the County would have no adequate remedy at law, or such other legal method as the
County deems appropriate. Uncured breach of violation of this Agreement by the PETITIONER
shall, without any additional notice beyond this Agreement's recordation, entitle the County to
immediately suspend and/or rescind, without liability to the County, development applications and
pending or issued permits, approvals, or inspections relating to this Agreement, except for those
permits, approvals, or inspections necessary to cure such breach or violation. The PETITIONER
hereby agrees to and shall pay for all costs associated with the County's enforcement action(s).
Such County enforcement shall be at the County's discretion. Failure of the PETITIONER to
0
comply with or perform any act required by or under this Agreement shall not impair the validity
of this Agreement, and County delay or failure to enforce,however long continued, shall not be
deemed a waiver or estoppel of the right to do so thereafter as to any such violation or breach; and
14.AUTHORIZED SIGNATORY. The signatory for the PETITIONER,below, certifies and
warrants that:
0
(a) The PETITIONER's name as set forth in this Agreement is its full and correct legal name (if an
entity, as designated in its corporate charter and as formally registered with the State).
(b) The individual executing this Agreement is duly authorized to so act and execute such
Agreement on behalf of the PETITIONER.
(c) As applicable, this Agreement has been duly approved by the PETITIONER's Board of
Directors and/or members, consistent with and compliant with the PETITIONER's Articles of
Incorporation, Bylaws, and all local, state, and federal law(s),.
(d) Furthermore, as applicable, the PETITIONER shall, upon execution of this Agreement,provide
copies a list of its current Board of Directors and/or managers, a properly executed and
notarized corporate resolution approving this Agreement, a copy of-its current Articles of
Incorporation, and, if PETITIONER has or is otherwise subject to Bylaws, a copy of such
current Bylaws.
15. SEVERABILITY. If any condition, provision, reservation, restriction, right, or term of this
Agreement is held to be invalid or unenforceable by any court of competent jurisdiction, the i
invalidity or unenforceability of such condition, provision, reservation, restriction, right, or term
shall neither limit nor impair the operation, enforceability, or validity of any other condition,
provision, reservation, restriction, right, or term thereof. All such other conditions, provisions,
reservations, restrictions, rights, and terms shall continue unimpaired in full force and effect; and
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16. PARAGRAPH HEADINGS. Paragraph headings, where used herein, are inserted for
convenience only and are not intended to descriptively limit the scope and intent of the particular
paragraph to which they refer; and
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Packet Pg. 2785
17. EFFECTIVE DATE. This Agreement constitutes the entire Agreement and any representation or
understanding of any kind preceding the date of this Agreement's execution or recordation is not
binding on the County or the PETITIONER except to the extent it has been incorporated into this
Agreement. This Agreement shall become effective upon recordation in the Public Records of
Monroe County; and
0
I& BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall
bind and inure to the benefit of the County and the PETITIONER and their respective legal
representatives, successors, and assigns. However, this Agreement shall not be conveyed,
assigned, or otherwise transferred from the PETITIONER. Any such transfer requires County
approval, and any such transfer absent County approval shall immediately render this Agreement
void ab initio; and
This Agreement is made in reliance upon information,representations,and documents provided by the 0
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PETITIONER(S).if,at some later date,Monroe County determines that such information,representations,and/or 0
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documents contained false or misleading information material to the County's consideration and assent to this
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Agreement,the County reserves the right,in its discretion,to revoke such consideration and assent and to rescind M
this Agreement and to pursue all remedies at law and equity,for injuries tothe County caused by the submission of W
such false or misleading material information.
EXECUTED ON THIS co E
@3 day of 2o33 . C
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WITNESSES PETITIONER(S)
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WitneNo. I (Print Name) Petitioner No. I (Print Name)
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WitnesfNo. I (Signature Petitnioef o.
I (Signature)
......... .......
Witness No. 2 (Print Name) Date (Print) E
Witness No. 2 (Signature) Authorized Official Capacity(Applicable if Entity
Petitioner Executing Through Entity Owner's Director,
Officer, Trustee, or other Authorized Official (Print Title
of Authorized Capacity/Position))
Non-Entity Petitioner's/Non-Entity Petitioner's Principal
Mailing Address (Print)
Entity Petitioner- Mailing Address (Print)
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Entity Petitioner - Registered Agent Name (Print)
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Entity Petitioner- Registered Agent Mailing Address
(Print)
Witness No. I (Print Name) Petitioner No. 2 (Print Name)
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............................................................................................................................................................... ........................................................................................................................................................................................
Witness No. I (Signature) Petitioner No. 2 (Signature)
-------------—----- --—------------------------—-----------------
Witness No. 2 (Print Name) Date(Print)
...................................................................................................................-.........................................................................
Witness No. 2 (Signature)
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STATE OF
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COUNTY OF
The foregoing instrument, Right-of-Way Abandonment Agreement for Utilities Construction
and Relocation, was acknowledged before me this day of 520 by........... 0
who is personally known to me or produced W
as proof of identification and did take an oath, and by x
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who is personally known to me or produced 1�
as proof of identification and did take an oath.
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.................................................................................
Notary Public (Print Name& Notary No.)
........................................................................................
Notary Public Seal Notary Public (Signature)
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6 of 8
Packet Pg. 2787
Name o
ACCEPTANCE OF RIGHT-OF-WAY ABANDONMENT
AGREEMENT FOR UTILITIES CONSTRUCTION AND
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RELOCATION
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In Witness Whereof, the accepts this Right-of-Way Abandonment 0
Agreement for Utilities Construction and Relocation and executes this instrument on the date set forth
below.
For (utility name):
...................
-—------------------------------------------ ------- ----------------------------------------------------
First Witness (Print Name) Signing Authority of Utility(Print Name)
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First Witness (Signature) Signing Authority of Utility Signature)
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.......—----------------------------------------------------------------- ------....----.........—-----
Second Witness (Print Name) Date (Print)
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................................................................................................... W
Second Witness (Signature)
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Approved as to Form and Legal Sufficiency by:
Monroe County Attorney's Office
State of Florida
County of Monroe
Before me, the undersigned authority, personally appeared ......................................................... who
is personally known to me, or has produced as identification.
Sworn and subscribed to me this -------- day of 20—.
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.................. .......... ........... ......................
Notary Name and Number (Print) Notary Signature and Seal
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Sec. 19-1.Abandonment of rights-of-way.
4 US-1Southbound itfG
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(+�) Aright-of-way may be abandoned only at the terminal portion of the road)and
in itsfulll width unless one of the follow+vong ply a Ilion:
(1) An adjacent Ilot owner has on the platted right-of-way or within a setback
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a substantial .structure which predates theSpecial ,Session Law 59-1578 US-1 Northbound �
pertaining py p right-of-way. The term '°subst,antiail q
to may s plats a�n
urea's ecifdcal ll dloes not include wood or metal fences,sheds or tiki �
,A' 10 I �0 f44 AO aV' ��my f�dlpi
huts or other items not listed which are accessory struict:ures;or y( � � "
(2) The alba�ndoinmein�t is requested by a county department oirgovernmentail L
agency for a public use; for purposes of this subsection public use is a ¢
public facility and/or publlic/private utility; or t A° W�
(3) The right-of-way area is unusual) in size or shape and after abandonment t
s the remaining right of wayy w iidth will l be the same on both sides of the ..." `���
abandonment as showy in Example 1.
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Sec. 19-1.Abandonment of rights-of-way. � �� � � 0,9
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(e) A right-of-way may be abandoned only at the terminal Iportion of the road and
w,�� a �a 4afmj, tN�a
in its fuEl width unless once oft e followongapp ies: ,w
(1) An adjacent(lot owner has oin the (platted right-of-way or within a setback
a substantial .structure which predates theSpecial .Session Law 59-1578 11 US-1 Northbound pertaining to
stecificaalll does include y
p , p right-of-way.a The term substantial -`
specifically e wood or metal fences,sheds or tiki �
huts or other items not listed�whoch are accessory struictures;or �' �mf � ( j i '� � I l"
(2) The abandonment its requested by a county department oirgovernmental 44
agency for a pulbliic use; for purposes of this subsection public use is a
public facility and/or publlic/private utility; or { 1
(3) The right-of-way area is unusual)in size or shape anid after abandonment
the remaining right of way width vwrilll be the same on both sides of the t , 7 ° 7 5 W „u
abandonment as show in Example 1.
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