Item C32BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
Julv
16, 2008
Division:
Engineering
Bulk Item: Yes
X
No _
Department:
Facilities Development
Staff Contact Person/Phone #:may Barnett X4416
AGENDA ITEM WORDING: Grant of Easement to the Florida Keys Aqueduct Authority (FKAA)
to construct, reconstruct, lay, install, maintain, relocate, repair, replace improve, remove, and inspect
water distribution facilities and have the right to ingress and egress to the Medical Examiner's Facility.
1111 z1vl DAl;1 UHMIND: Prior to the scheduling of final inspections and the issuance of a Certificate
of Occupancy, the FKAA must take ownership and possession of the water mains to the Medical
Examiner's Facility. Before FKAA will accept a water main they require a property easement from the
owner for all purposes including maintenance and operation of the water distribution main pipeline at
the Medical Examiner's Facility.
rxr.vl1vU5 KELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES: N/A
a 1 Ar r KEUUMiv ZNDA7F1ONS: Approval as stated above.
TOTAL COST: N/A
COST TO COUNTY:N/A
BUDGETED: Yes X No
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes —No X AMOUNT PER MONTH Year
APPROVED BY: County A tty has
g Risk Management,
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
Revised 11/06
This instrument is prepared by, or under
the direction of:
Natileene W. Cassel, Esq.
FBN 365785
Assistant County Attorney
Office of the Monroe County Attorney
P.O. Box 1026
Key West, FL 33041-1026
RE number: 00099540-000000
Florida Keys Aqueduct Authority Utility Easement
THIS UTILITY EASEMENT is made this day of , 2008 by and between
Monroe County, a political subdivision of the State of Florida, ("Grantor") and Florida Keys
Aqueduct Authority (Grantee).
l . Grantor is the fee simple owner of the property described as KRAWL KEYS PT
LOT 3 SEC 26 PT LOT 1 SEC 35 recorded at OR Book 1154, Page 1916 of the Public Records
of Monroe County, Florida (the "Property"); and does hereby warrant title to the land herein
described, and will defend the same against the lawful claims of all persons.
2. For good and valuable consideration, the sufficiency of which is hereby
acknowledged, Grantor grants to ("Grantee'), its successors and assigns, agents, guests and
invitees, a perpetual utility easement as drawn on composite Exhibit "A" hereto (the "Easement")
under, over, across, and below the Property.
3. Grantee, its agents, successors and assigns shall have the right to install,
construct, maintain, locate, repair, replace, remove, and inspect water lines, and related facilities
and other comparable public water utilities, together with the rights of ingress and egress
thereon.
4. Grantee's right to utilize the easement area shall be exclusive to the extent that
Grantor shall grant no other easement or license, or make any other covenant, having the effect of
permitting the use of the easement area by someone other than Grantee.
5. Grantee shall not construct, place, or allow the placing or construction of any
obstruction that would interfere with the Grantee's safe or proper installation, operation,
maintenance, inspection or removal of water lines, and related facilities and other comparable
public water utilities, and all appurtenances thereto. Grantee shall have the right to remove any
natural or man-made obstructions placed on the easement, which impede the easement herein
granted. Grantor shall have the right to make any other use of the easement area that does not
interfere with the Grantee's rights.
6. Grantee shall bear the cost of any relocation or modification of said facilities
when the change is necessitated by Grantee's requirements or those of any third party other than
the Grantee.
Page I of 2
FKAA Utility Easement
7. Grantee shall hold Grantor harmless for the acts and omissions of its officers,
employees, agents and contractors, and upon the representation that Grantee is a political
subdivision as defined by Florida Statutes shall maintain suitable Public Liability insurance or
shall be self -insured, in amounts adequate to respond to any and all claims within the limitations
of Florida Statutes section 768.28.
8. This easement will run with the land in perpetuity and will be binding on and will
inure to the benefit of the parties hereto.
9. The Grantor warrants that it has full power of authority to grant this easement.
In Witness Whereof, Grantor and Grantee have hereunto set their hand and seal on the day and
year first above written.
(GRANTOR)
Board of County Commissioners of Monroe
County, Florida
[SEAL] By:
ATTEST: Danny L. Kohlage, Clerk Mario Di Gennaro, Mayor
By:
Deputy Clerk
WITNESSES:
Sign Name:
Print Name
Sign Name.•
Print Name
STATE OF FLORIDA
COUNTY OF MONROE
FLORIDA KEYS AQUEDUCT
AUTHORITY
By:
Title
The foregoing instrument was acknowledged before me this day of , 2007,
by , whose is on behalf of
FLORIDA KEYS ELECTRIC CO-OP, who is personally known to me/has produced
as identification.
Notary Public
My Commission Expires:
Page 2 of 2 �J'D i ,I R O E^ C�?.' � T� A�� F, 0 E
FKAA Utility Easement ��,��,��Fv
�i�A, 1LEc�i>v
ASSISTANT'——` i'v ATTORNEY
ORNEY
Dare..__ A'""""'—' —
Composite Exhibit "A"
Page 1 of 3
LAND DESCRIPTION
MONROE COUNTY MEDICAL EXAMINERS FACILITY
FKAA EASEMENT
A parcel of land on Crawl Key Number 5, being a portion of Government Lot 1, Section
35, Township 65 South, Range 33 East and a portion of Government Lot 3, Section 26,
township 65 South Range 33 East, Monroe County, Florida, more particularly described
as follows:
COMMENCING at the intersection of the centerline of U. S. Highway Number 1 with the
West line of section 35, Township 65 South, Range 33 East;
THENCE North 67°04'07" East on said centerline of U.S. Highway 1, a distance of
1494.57 feet to the intersection with the centerline of Banana Boulevard;
THENCE continue North 67°04'07" East on said centerline of U.S. Highway Number 1,
a distance of 697.54 feet to an intersection with the Southerly prolongation of a rock road
at Crawl Key Number 5;
THENCE North 09°23'05" West on said prolongation, a distance of 119.32 feet to the
Northerly right-of-way line of said U.S. Highway Number 1 as laid out and in use;
THENCE South 67°04'07" West on said right-of-way line, a distance of 25.72 feet;
THENCE North 09°23'05" West a distance of 566.58 feet to the beginning of a curve
concave to the East and from which a radial line bears North 80°36'55" East;
THENCE Northerly on the arc of said curve having a radius 1771.54 feet, a central angle
of 11 °28'55", an arc distance of 355.01 feet to a point of tangency;
THENCE North 02°05'50" East, a distance of 99.33 feet to a found Iron Rod;
THENCE South 122008'47" East, a distance of 14.28 feet to the POINT OF
BEGINNING,
THENCE North 82016' 19" East, a distance of 233.88 feet;
THENCE North 56020'34" East, a distance of 183.11 feet;
THENCE North 69032'34" East, a distance of 80.74 feet;
THENCE North 85058'35" East, a distance of 145.31 feet;
Composite Exhibit "A"
Page 2 of 3
THENCE North 76055'06" East, a distance of 150.04 feet
THENCE South 166155'06" East, a distance of 20.00 feet;
THENCE South 256055'06" West, a distance of 151.63 feet;
THENCE South 265°58'35" West, a distance of 144.00 feet;
THENCE South 249°32'34" West, a distance of 75.54 feet;
THENCE South 236°20'34" West, a distance of 185.40 feet;
THENCE South 262016' 19" West, a distance of 238.49 feet;
THENCE North 352016' 19" West, a distance of 20.00 feet to the POINT OF
BEGINNING;
Said lands lying in the City of Marathon, Monroe County, Florida and containing 15,881
square feet (0.365 acres) more or less.
J
'i
F--i
6-
® Lj
z
^ H L
i L
yr ♦�
W YJ
LL-
DA<
t� U <y
L 3
dz Z
V J Z)
u
u
0
Ly-
^ti
Composite Exhibit "A"
Page 3 of 3
J
J
J
J
J
J
�j
a
m
J
2