Loading...
Item O2 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: July 16. 2008 Division: County Attorney Bulk Item: Yes XX No Staff Contact Person: Pedro Mercado AGENDA ITEM WORDING: Approval of Quit Claim Deed ITEM BACKGROUND: The County owns the parcel of land upon which the transfer station located off Blimp Road on Cudjoe Key is sited. The Utility Board of the City of Key West owns the parcel of property just east of the County's parcel and located between the transfer station parcel and Blimp Road. For as long as the transfer station has been at this location, access to the transfer station from Blimp Road has necessarily been across the parcel owned by the Utility Board of the City of Key West. The Utility Board is in the process of selling this parcel to the State as part of the State's land conservation program. During the negotiation process, the Utility Board and the State discovered that the County had never been granted an easement across the Utility Board property to the transfer station. A Declaration of Easement was prepared by the State and approved by the BOCC at its May meeting. The easement authorizes vehicular and pedestrian ingress and egress and placement of water, phone, electronic signal and electric utilities. Because of the length oftime over which the County has used the access road without a formal agreement in place, the State is requesting that the County execute a Quit Claim Deed to the easement parcel to clear any possible cloud on the title of the easement parcel that could have existed as a result of the County's prolonged use of the easement. PREVIOUS RELEVANT BOCC ACTION: BOCC approved the Declaration of Easement on May 21,2008 BOCC rescinded the May 21, 2008 document and approved the revised Declaration of Easement on May 23,2008 CONTRACT/AGREKMENT CHANGES: See Attachment. STAFF RECOMMENDATIONS: Approval. TOTAL COST: N/ A BUDGETED: Yes No COST TO COUNTY: N/A SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty _ OMBIPurchasing _ Risk Management _ DOCUMENTATION: Included XX Not Required_ DISPOSITION: Revised 2/05 AGENDA ITEM # This Instrument Prepared By and Please Return To: Acey Stinson American Government Services 1804 Miccosukee Commons Drive Suite 202 Tallahassee, Florida 32308 AGS # 15355 QUIT CLAIM DEED THIS INDENTURE, made this day of , A.D. 2008, between Monroe County, Florida, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, grantor, and the Utility Board of the City of Key West, Florida, a utility board created by Special Act of the Flol'ida Legislature, whose post office address is 100 I James Street, Key West, Florida 33040, grantee, (Whcrcvcr uscd hcrcin thc tcnus "grantor" and "grantcc" includc all thc partics 10 this instrumcnt and thcir hcirs, legal I"CPI'cscntativcs, Sllcccssors and assigns. "Grantor" and "grantee" arc IIsed for singular and plural, as the context requires and the use of any gender shall include all genders.) WITNESSETH: That the said grantor, for and in consideration of the sum ofTen Dollars, to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has released, remised and quitclaimed, and by these presents does hereby remise, release, and quitclaim unto the said grantee, and grantee's successors and assigns forever, all the right, title and interest of grantor in and to the following described land situate, lying and being in Monroe County, Florida, to-wit: See Exhibit "A" attached hereto and by reference made a part hereof. Property Appraiser's Parcel Identification Number: 00115530-000000 This deed is not intended to release or extinguish the non-exclusive easement granted to Monroe County, Florida, in that certain Declaration of Easement that was previously recorded in the public records of Monroe County, Florida. This conveyance is subject to easements, restrictions, limitations, and conditions of record if any now exist, but any such interests that may have been terminated are not hereby re-imposed. TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, law or equity, to the only proper use, benefit and behalf of the said grantee, its successors and assigns forever. IN WITNESS WHEREOF the grantor has hereunto set grantor's hand and seal, the day and year first above written. Signed, sealed and delivered in the presence of: (Signature of First Witness) MONROE COUNTY, FLORIDA, a political subdivision of the State of Florida BY ITS BOARD OF COUNTY COMMISSIONERS (Printed, Typed or Stamped Name of First Witness) BY: Mario Di Gennaro, as County Mayor (Signature of Second Witness) (Printed, Typed or Stamped Name of Second Witness) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of ,2008, by Mario Di Gennaro, as County Mayor of the County of Key West, Florida, a political subdivision of the State of }?Iorida, on behalf of said county, Such person (Notary Public must check applicable box): ) is personally Imown to me. ) produced a driver license. ) produced as identification. (NOTARY PUBLIC SEAL) Notary Public (Printed, Typed or Stamped Name of Notary Public) Commission No.: My Commission Expires: EXHIBIT "An PARCEL 10180 ALL OF GOVERNMENT LOT 9 OF SECTION 20, TOWNSHIP 66 SOUTH, RANGE 28 EAST, ON CUDJOE KEY, MONROE COUNTY, FLORIDA, LYING WEST OF THE WESTERLY RIGHT-OF-WAY LINE OF BLIMP ROAD, A 100 FOOT WIDE PUBLIC RIGHT-OF-WAY. /'7 .,"~~.. : 1-15-08 FLORIDA KEYS ECOSYSTEM CUDJOE KEY CITY OF KEY WEST/PARCEL 10180 PAGE 1 OF 1 This Instrument Was Prepcu:ed By, Record and Return to: Erin H. Nevius, Esq. EDEN & NEVIUS, PI.. 302 Southard Street Suite 205 Key West:" FL 33040 (305)294~5588 DECLARATION OF EASEMENT This Declaration of Easement (the "Declaration") is made and entered into as of -yYJ a. V ~ 2008 by and between the Utility Board of the City of Key West, Florida, a utility bOard created by special Act of the Florida Legislature, its successors and assigns (the "Grantor") having an address of 1001 James Street, Key West, FL 33040, and Monroe County, Florida, a political subdivision of the State of Florida, its successors and assigns, having an address of 1100 Simonton Street, Key West, Florid~ and Clear Channel Broadcasting, Inc. a Nevada corporation, successor by merger to Clear Channel Metroplex, Inc., a Nevada corporation, its successors and assigns, having an address of93351 Overseas Highway, Tavernier, FL 33070 (collectively referred to as the "Grantees"). RECITALS A. The Grantor is the owner in fee simple of the real property described in Exhibit :A: attached hereto and made a material part hereof (the "Easement Parcel"). B. Grantee Monroe County, Florida, is the owner in fee simple of the real property~ described in Exhibit "B" attached hereto and made a material part hereof. C. Grantee Clear Channel Broadcasting, !ne, is the owner in fee simple of the real property described in Exhibit "c." attached hereto and made a material part hereof. D, The lands described in Exhibits "B" and "c" are collectively referred to as the"Benefitted Parcels," -1- L4[) CONSIDERATION NOW, THER.EFORE, in consideration of the sum of TEN AND NO/IOO DOLLARS (SI0.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the following grants, agreements, covenants and restrictions are made: TERMS. AGREEMENTS. COVENANTS AND CONDmONS 1. Grant of Easement. Grantor hereby grants and conveys to Grantees and their respective successors and assigns and unto the owners, lessees and occupants of all or part of the Benefited Parcels, their heirs, legal representatives, successors and assigns, and unto their servants, agents, employees, guests, licensees, and invitees, a non-exclusive easement across the Easement Parcel. The easement herein granted is an appurtenant easement and is for the purposes of ingress and egress for persons, motor vehicles, material, equipment and trailers to and from the Benefited Parcels, and also for the purpose of providing the following utilities to the Benefitted Parcels: electricity, telephone, telegraph, and other electronic signals, and water (but not including sewage or wastewater). The Easement Parcel shall not be used by Grantees for the storage of vehicles, trailers or articles of any kind, disposal of trash, including but not limited to tires, hazardous materials, leachate, vehicle fluids; or any other solid or non-solid waste, "Hazardous materials" shall mean any hazardous or toxic substance, material or waste of any kind or any other substance which is regulated by any environmental law, For the purposes of this Declaration of Easement, <<environmental law' shall mean all federal, state and local laws, including statutes, regulations, ordinancest codes, rules, judgments, orders, decrees; permits, concessions, grants, franchises, licensest agreements and other governmental restrictions relating to the protection of the environment or human health, welfare or safety, or to the emission , discharge, seepaget release or threatened release of any contaminate, chemical, waste, irritant, petroleum product, waste product, radioactive materia~ flammable or corrosive substance, explosive polychlorinated biphenyl, asbestos. hazardous or toxic substance, material or waste of any kind into the environment, including without limitation, ambient air, surface water, ground water, or land including, but not limited to, the Federal Solid Waste Disposal Act, the Federal Clean Air Actt the Federal Clean Water Act, the Federal Resource and Conservation and Recovery Act of 1976, the Federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Federal Superfund Amendments and Reauthorization Act of 1986, Chapters 161, 253, 373, 376 and 403. Florida Statutes, rules of the U.S. Environmental Protection Agency, Rules of the Florida Department of Environmental Protection, and the rules of the Florida water management districts now or at any time hereafter in effect. The Easement Parcel shall not be used as a staging area by the Grantees and Grantees shall not remove, damage, or destroy the gate that is located at the entrance of the Easement Parcel adjacent to Blimp Road. Grantees shall provide access to Grantor, its lessee, and their respective agents, employeest guests, licensees and invitees to the Easement Parcel at any time by issuing Grantor a key to said gate. 2, Maintenance. Re.vair and Improvement of the Easement Parcel. Grantees are responsible for the improvement, upkeep, repair and maintenance of the Easement Parcel as set forth herein, provided, however, that before undertaking any such activitiest Grantees shall obtain the prior written consent of Grantor, which shall not be unreasonably withheld. -2- at 2.1 Exotic Plants: Grantees shall not cause invasive exotic plant species as defined . by the Monroe County Planning and Environmental Resources Department to be introduced to the Easement Parcel including. but not limited to the Brazilian pepper, Australian pine, leadtree, seaside maboe. and Asiatic colubrina. 2.2 Repairs Defined: The repairs and maintenance to be undertaken and performed under this Declaration, whether necessitated by normal wear and tear. accidental or intentional damage. or acts of nature. will include, but not be limited to the following: improve, maintain, repair. and replace the road and/or shoulder of the road; landscape restoration slope/shoulder mowing. litter pickup, dangerous tree removal, landscape maintenance, tree trimming, and washout repair; repair and maintenance of all pipes, conduits, poles, wires, and cables that transport electricity telephone, telegraph and other electronic signals and water (not including sewage or wastewater) to and from the Benefitted Parcels. 2.3 Condition ofProperl;y: Following the repair or maintenance of the Easement Parcel and/or utilities aforementioned. Grantees shall restore the Easement Parcel to the condition which existed prior to such work, including without limitation, the restoration of all roadways, curbs and drainage, all at Grantees' sole cost and expense, 2.4 Grantor Repairs: Grantor, Grantor's lessee, agent or invitee shall be responsible for any and all repair of damages caused to the easement parcel for which they are found legally liable. 2.5 Apportionment of Expenses: The Grantees agree to bear the costs and expenses of repairs and maintenance authorized pursuant to and during the term of this Declaration as follows: Monroe County, Florida agrees to bear 95% of the costs and expenses. Clear Channel Broadcasting, Inc agrees to bear the remaining 5% of the costs and expenses. 2.6 Record Keeping: The Grantees shall keep records of all activities performed and costs expended pursuant to this Declaration of Easement. 3, Contingency, This Declaration and the grant of easement rights contained herein.~ is contingent upon the sale of the lands which include Easement Parcel to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida ("Board of Trustees"), Should the sale of such lands to the Board of Trustees fail to close and title not be transferred from the Utility Board of the City of Key West to the Board of Trustees on or before July 1, 2009, then this Easement is terminable at will by the Utility Board of the City of Key West. 4. No Public Dedication. Nothing contained in this Declaration shall, in any way, be deemed or constiMe a gift of or dedication of any portion of the Easement Parcel to the general public or for the benefit of the general public whatsoever, it being the intention of the parties hereto that this grant of Easement shall be limited to and utilized for the purposes expressed herein and only for the benefit of the persons herein named. -3- Lt1 5. Indemnity. Grantee Clear Channel Broadcasting, Inc. hereby agrees to indemnify and hold harmless the,Grantor from any and all actions, causes of action, claims, liabilities, demands and losses of any kind whatsoever which may be filed or made against Grantor by reason of the Grantee's, Clear Channel Broadcasting, Inc., use of the Easement Parcel and the rights granted hereunder. The failure of the Grantor to notify Grantee Clear Channel Broadcasting, Inc. ofa claim shall not release the Grantee from any of the requirements of this section, 6, Personal Injury and Property Damage Liability. Any liability of the Grantees for personal injury to any worker employed to make repairs under this Declaration, or to third persons, as well as any liability of the parties for damage to the property of any worker, or of any third persons, as a result of or arising out of repairs and maintenance under this Declaration, will be bome, as between the Grantees, in the same percentages as they bear the costs and expenses of the repairs and maintenance. Grantee Monroe County is a state agency subject to limited liability under 9768.28, F,S., and maintains adequate insurance to respond to any liability in excess thereof. Pursuant to F.S. 768.28, Grantee Monroe County's liability is limited to $100,000 per person, $200,000 per occurrence. The Grantees will be responsible for and maintain their own msurance, 7. ;Binding Effect. The terms and conditions of this Declaration shall run with the Easement Parcel and shall be appurtenant to the Benefitted Parcels, and shall inure to the benefit of and be enforceable by the Grantees and the Grantor, their respective legal representatives, successors and assigns. The Grantor and the Grantees shall each have a right of action to enforce by proceedings at law or in equity all conditions and covenants imposed by the provisions of this Declaration, or any amendment thereto, including the right to prevent the violation of such conditions and covenants and the right to recover damages for such violation, 8, Liens. Fee title to the Easement Parcel is held by the Grantor, and Grantees shall not do or pennit anything to be done which purports to create a lien or encumbrance of any kind against the real property interest of Grantor. Grantees may bond over and contest the validity of any mechanic's lien in lieu of payment thereof. 9. Non-Exclusive Easement. The easement granted herein is non-exclusive, and Grantor retains the right to engage in any activities on, over) below or across the Easement Parcel which do not unreasonably interfere with Grantees' use of the Easement Parcel for the purposes specified herein. Grantor further retains the right to grant compatible uses to third parties during the tenn of the Declaration and the easement rights granted herein. 10, Easement Burden. It is understood and agreed that the burden upon the Easement Parcel contemplated by this Declaration is based upon the level of usage of the Easement Parcel imposed by the use of the Exhibit "B" lands (owned by Monroe County) as a solid waste transfer station and closed landfill and the Exhibit "C" lands (owned by Clear Channel Broadcasting, Inc.) as a broadcasting tower site. Any increase in the burden upon the Easement Parcel is not permissible. -4- ,Chl'i 11. DEF AUJ... T. In the event that either of the Grantees breaches any provision of this Declaration, then in addition to any other remedies which are otherwise provided for in this Declaration, the Grantor in its sole discretion may exercise one or more of the following options, after written notice to the Grantees: a.) Pursue a claim for damages suffered by the Grantor; b.) Pursue any other remedies legally available; c.) Perform, by its employees or through hired contractors, any repair, improvemen4 or maintenance work and seek repayment for the cost thereof from the Grantees; d.) Suspend use of the Easement Parcel by the Grantees until the breach is cured; or e.) Terminate this Declaration of Easement and the easement rights granted thereby. 12. No Waiver. Failure by either party to enforce any covenant, condition or restriction contained in this Declaration in any certain instance or on any particular occasion shall not be deemed a waiver of such right on any future breach of the same or any other covenant, condition or restriction, 13. Severability. Invalidation of anyone or a portion of these covenants, conditions and restrictions by judgment or court order shall in no way affect any other provisions, which shall remain in full force and effect. 14. Notices, Any notice hereunder shall be in writing and shall be deemed to have been properly delivered when directed to the addressee as follows: If to Grantee Monroe County: Monroe County 1100 Simonton Street Key West, FL 33040 Attention: County Administrator With a copy to Grantee's Attorney: Monroe County Attorneys Office P,Q. Box 1026 Key West; Fl. 33041-1026 Phone: 1-305292 - 3470 Fax: 1-305292 - 3516 If to Grantee Clear Channel Broadcasting, Inc. Clear Channel Broadcasting, Inc. 93351 Overseas Highway Tavernier; FL 33070 -5- ,'1"'- ~,,) With a copy to: Clear Channel Real Estate, LLC 200 E. Basse Road San Antonio, TX 78209 If to Grantor: Utility Board ofthe City of Key West 1001 James Street Key West, FL 33040 Attention: Lou Hernandez, Chairman With a copy to Grantor's Attorney: NathanE. Eden, Esq. EDEN & NEVIUS, PL 302 Southard Street, Suite 205 Key West, FL 33040 Any notice, request, demand, instruction or other communication to be given to any party hereunder, shall be in writing and shall either be (i) hand delivered, (ii) sent by Federal Express or a comparable overnight mail service, or (Iii) sent by telephone facsimile transmission provided an original copy of the transmission shall be mailed by regular mail, all at or to the respective addresses set forth above. Notice shall be deemed to have been given upon receipt or refusal of delivery of said notice, The addressees and addresses for the purpose of this paragraph may be changed by giving notice. Unless and until such written notice is received, the last addressee and address stated herein shall be deemed to continue in effect for all purposes hereunder. 15. Captions. Captions used in this Declaration are for information purposes only and do not alter, modify or add to the terms of this Declaration. 16. Governing Law. This Declaration will be governed and interpreted pursuant to the laws of the State of Florida, Grantor and Grantees, their successors and assigns, shall perform all of their respective obligations under this Declaration in compliance with all applicable laws. 17. ModificationlEntire Agreement. This Declaration may be modified only in a writing executed by the parties to this Declaration or their respective successors or assigns. This Declaration constitutes the entire agreement between all of the parties with respect to the subject matter hereof and shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns, 18. Waiver of Jury Trial. Grantor and Grantees hereby knowingly, voluntarily and intentionally, waive trial by jury in any action brought by one against the other in connection with any matter arising out of or in any way connected with this Declaration. This waiver shall apply to any original claim, counterclaim, cross claim, or other claim of any kind asserted by either party in any such action. None of the parties nor any representative of any of the parties, includjng counsel, has represented to the other that it would not seek to enforce this waiver of right to jury trial in any such action. The parties aclmowledge that the provisions of this section are a material inducement to their entering into this Declaration, -6- cZ~ Witnesses: 1 ' , (-Jt/n(--y~L _" )-] ((~ ~d Name: j . s::.... J .4,"~; / c;:;:: A" ...',.;rJt:c'/4- Printed Name: As to the Grantor: UTILITY BOARD OF THE CITY OF KEY WEST, FLORIDA, A UTILITY BOARD CREATED BY SPECIAL ACT OF THE FLORIDA LEGISLATURE ~~ / cL.- By:!/.: _-c - .~ Lou Hernandez, as its Chairman STAlE OF FLORIDA ) COUNTY OF MONROE ) The foregoing instrument was acknowledged before me this i !-H--day of 'Jt Jne . . 2008 by Lou Hernandez, as Chairman of the Utility Board of the City of Key West, Florida, a utility board ~ by Special Act of the Florida Legislature, on behalf of said Utility Board, who i!(personalij) ~ me or produced a as' entification. , ,~ I V. N Public State of Florida at Large My Commission Expires: ,,'~':A~r;;"', SABRINA V HALL . f,rtbY~ MY COMMISSION'# DD 613934 ~'~'il:.l EXPIRES: March 12, 2011 "'~iff,:r..'!-" aond!d ThIU Nolary Public UndalWritolfi Tms PORTION LEFT BLANK INTENTIONALLY -7- atl .' .>,.~~~~~~~~~ . -'~J''''''~ A:.i"':%" :~",".\ . A .-__ ~ru ~ .,._, \ As to the Grantees: MONROE COUNTY, A SUBDIVISION OF THE FLORIDA POLITICAL STATE OF ,.,- -" By: BOARD COMMISSIONERS COUNTY, FLO OF COUNTY MONROE (SEAL) ~;T~~LlO~~ Deputy Clerk By: Charles "Sonny rczo- CLEAR CHANNEL BROADCASTING9 INC. A NEVADA CORPORATION, SUCCESSOR BY MERGER TO CLEAR CHANNEL METROPLEK, INC., A NEV: A CORPORATION B . . b~ Pi1 l. "'lOB Charles G. Dan III. Sr. Vice President (CORPORATE SEAL) STATE OF '~s COUNTY OF g0X;tr ) ) ) The foregoing instrument was acknowledged before me this ,;)/Yl day of :L,..\.{' . 2008 by Charles G. Dan III, as Sr, Vice President, of Clear Channel Broadcasting, Inc., a Nevada corporation, successor by merger to Clear Channel Metroplex, Inc., a Nevada corporation, on behalf of said corporation, who is personally known to me or produced a as identification. l~~< ~4.~..~j ~''::tf,.IW;I~$'~~ OLIVIA RODRIGUEZ MY COMMISSION EXPIRES Seplamber 15, 2011 lr'lf1i:M.l 4ck(fd" " Notary Public'Ter,tcqs {5 State ofJ'-lgrida at Large My Commission Expires -8- EXHIBIT "A" A 50.0 FT. WIDE EASEMENT FOR INGRESS/EGRESS, LYING 25.0 FT. EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE, TO WIT: COMMENCE AT THE SOlTfHWEST CORNER OF GOVERNMENTLOT9 OF SECTION 20, TOWNSHIP 66 SOUTH, RANGE 28 EAST; THENCE RUN NOO.OO'52"W, ALONG THE WEST LINE OF SAID SECTION 20, A DISTANCE OF 366.35 FT. FOR A POINT OF BEGINNING; THENCE RUN NB4GS9'42"E ALONG SAID EASEMENT CeNTERLINE, A DISTANCE OF 2348.90 FT. TO THE INTERSECTION WITH THEWESTERL Y RIGHT-OF-WAY LINE OF "BUMP ROADG, A 100 FT. WIDE PUBLIC RIGHT-OF-WAY /IS SHOWN ON STATE ROAD DEPARTMENT RIGHT-OF-WAY MAP SECTION 90600-2150. AND THE TERMINUS POINT OF SAID EASEMENT CENTERLINE, BEING AND LYING IN SECTION 20, TOWNSHIP 66 SOUTH, RANGE 28 EAST MONROE COUNTY, FLORIDA. THE PERIMETR1CAL BOUNDARIES OF WHICH EXTEND TO THE INTERSECTION WITH THEWESTERL Y UNE OF GOVERNMENT LOT 9 OF SECTION 20, TOWNSHIP 66 SOUTH, RANGE 28 EAST ON THE WEST AND THE INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF "BLIMP ROAD" ON THE EAST. BSM.~ DATE 5-6-05 FKElCudJoa Key CIty of Key West Utility Board Parcel #101 aD Proposed Ingress/Egress Ea5ement Page 1 of 1 ab ~...__ ...~... IH...."_ I II, ~ e.ra.....,ulll..~1 n:"...~I... ! liHijWfiiijtj~HiUij !lIllm;:lu ! '~lllt! ih illljfl ! ~ II ~U . I 0" t i I ill j 'U · ~.. II 1~ ", i~ jll i!J ; j~ d) I [;0; ~f If! Ii ~ :1 ~ i .I'~ j; pl~ ~ pi; ji is ~ ,I ~ ! ig~ ;@ g r~ ~ Ii II " ) ill If. Iii if!j iff' ~ ~ &p ti:! :u .!i =. . t' L".......1:ti ~~ ~~ i : , 'Iii;; I . i'f'll , ~ I I f . I ~IE; ~!l~1 ' !H m , ! : I , j . ~ 'I ~ t I l:~ I [ i I ~...... -+------0 :~ a.101C_.,.._./W_~__ ~. - t,~'. . i:~~ ~!~ i~ i ir ~~ ~i " ___+____"1 _____~~___________+ II~ I:b II; fl.~ ,,' 1~ d!~ .~ DItt1IlO ~ 1G\lilmi' IW'!U t DC. I CttOJOr Ja:Y . 11L~1'r IMti .. 1:Y (it., IWy ""ut lIarldtl I fl"1l:~Cll 101"0 )f 31 I \ " \\ \\ ..... ""\:'....... '... ... ... "'\L~\.'L:\ \ \\ \ \\ \ " \ \\ 'i ~ ~ I. 1 I \;a I: ~ 11 , '. : ! ~ : f ~ l. . I ~ ~B I I. I \ \fI~ I, f , , I ! II : t ; , , I \ \ II \ I , .11 } \ \\ II' ....&Il/ ~\ \, .Ii 'a- f~ CI:U"I"n'.1IQoI 1IIll1loLC-I~ 1K'>>"'It!i...lte1"'~M:I:I.utI Ul''''' runlto oK I'" IWIi- .ct'-,a.&1:l DWiUD _ IL~ _DEpt of EIl\IIIIOHm:N1"At. 'IQTECtIOK i1~llC.W..,~it..L4~ nw ~111 K-I'D rw.uKala;: n. )::l.ft1 PUIU1_ol4M II EXHIBIT i~ zd) EXHIBIT "8" LEGAL DESCRIPTION OF THE BENEFITED PARCEL OWNED BY MONROE COUNTY, FLORIDA A tl:1iIct o~ land in a pnt of GoVB%lUII.el2t Lot 9. Section 19. T. &&8., R. 28 ~_. On Cu~jo. Kay, Mom:oe County, !'lo~ida and b'ling IIIOxe plIrtiCU1.rly de.c~ibed by metes and bounda .. tOllow_: CO-nc::in9 at ths Soutbe..t Co~nlU; ot Gol/er;nment Lot a. uid Coz:ner .bo to b. knOloln .. the Point of Beginning of the UlICt of Illnd hC!l'einlltter de- IIc:rlbed, b.ar W..t alCllg the Soutb LiJI. of Gov.t'n- ment Lot a, 415 l!_t, thence llea~ >>Ot'th 1050 f'lI.t. morll or 1.IIS, to ~e aborelJ.ner ~llnC!e llIeander the ahoreline in an e..teZ:ly direction, 415 feet. more or leall to II point Which ill hearing llorth fxOlll ~u Point of Beginning; thence bear South 1050 f.e~ moxa or leslI, back to ~II Point of Beginning, Qgn_ tllining 10 acre. more or lea.. __________ -10- d) EXHIB1T "C" LEGAL DESCRIPTION OF PROPERTY OWNED BY CLEAR CHANNEL BROADCASTING, INC, On Cudjoe Key, Monroe County. Florida, and being all of Government Lot 8 of Section 19 in Township 66 South, Range 20 East, LESS AND EXCEPT the East 893.1 feet thereof; containing approximately (9) nine acres, EXHIBIT j e, iL.D