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Item C28BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 5/21 /08 Division: Engineering Bulk Item: Yes X No _ Department: Engineering Staff Contact Person/Phone #: Judy Clarke X4329 AGENDA ITEM WORDING: Approval of utility easements with Florida Keys Electric Cooperative Association and Bellsouth Telecommunications on a portion of St. Croix Place in Key Largo. ITEM BACKGROUND: The utility easements are required in order to abandon a portion of St. Croix Place in Key Largo that is adjacent to Key Largo Community Park. PREVIOUS RELEVANT BOCC ACTION: BOCC approved Resolution no. 415-2007 on November 14, 2007, that set the date, time and place for a public hearing concerning the proposed abandonment of a portion of St. Croix Place; BOCC approved Resolution no. 483-2007 on November 14, 2007 that renounced and disclaimed any right of the County and the public to the portion of St. Croix Place proposed to be abandoned. CONTRACT/AGREEMENT CHANGES: NA STAFF RECOMMENDATIONS: Approval of utility easements as stated above. TOTAL COST: 0 COST TO COUNTY: 0 BUDGETED: Yes X No SOURCE OF FUNDS: REVENUE PRODUCING: Yes No X AMOUNT PER MONTH APPROVED BY: County Atty _ OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: Revised 11 /06 AGENDA ITEM # Year 1 Engineering Division MEMORANDUM To: The Monroe County Board of County Commissioners From: David S. Koppel, P.E. Division Director, Engineering Date: May 5, 2008 Re: Approval of Utility Easements, St. Croix Place, Key Largo The Engineering Division is requesting approval of utility easements for Florida Keys Electric Cooperative Association (FKEC) and Bellsouth Telecommunications (Bellsouth) on a portion of St. Croix Place in Key Largo. The Engineering Division requested abandonment of a portion of St. Croix Place that is between Key Largo Community Park and a County owned parcel across the street. FKEC and Bellsouth have existing facilities within the right of way that was proposed to be abandoned and will need easements to maintain those facilities. BOCC approved Resolution 483-2007 to abandon the portion of St. Croix Place at the November 14, 2007 meeting. The utility easements are required to facilitate the road abandonment. Staff supports approval of these easements. Easement This instrument prepared by, or under the direction of, Suzanne A. Hutton, Esa. FBN 336122 Office of County Attorney P.O.Box 1026 Key West, Fl. 33041-1026 UTILITY EASEMENT THIS UTILITY EASEMENT is made this day of , 2006, by and between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, Grantor, whose address is 500 Whitehead Street, Key West, Florida 33040, to FLORIDA KEYS ELECTRIC COOPERATIVE ASSOCIATION, INC — FKEC, MONROE COUNTY, FLORIDA, Grantee. WHEREAS, the Grantor is the owner of a portion of land described in OR 506 page 497, lying in Section 33 Township 61 South, Range 39 East, Monroe County, State of Florida, physical address of St. Croix Place, Key Largo, Monroe County, Florida 33037 (hereinafter "County Property"); and WHEREAS, it is necessary for Grantee to maintain an easement over a segment of the County Property to construct, operate, maintain, add overhead or underground electric systems, or related services as the Grantee may from time to time require upon, over and under the County Property; and WHEREAS, it is in the best interest of the public to grant to Grantee a utility easement; NOW THEREFORE, in consideration of the mutual covenants and obligations contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree that the Grantor does grant to Grantee, its successors and assigns, a perpetual and non-exclusive easement on, over and above, and under the above - described County Property for the purpose of ingress, egress, and utility installation and maintenance within said described property, conditioned upon Grantee holding Grantor harmless for the acts and omissions of its officers, employees, agents and contractors, from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe county) and any other losses, damages, and expenses (including attorney's fees) which arise out if, in connection with, or by reason of the Grantee utilizing the property governed by this easement, and upon the condition that Grantee shall maintain suitable Public Liability insurance or be self -insured, in amounts adequate to respond to any and all claims arising out of the activities authorized in this easement, as reflected by the Grantee's acceptance of the conditions below. This Easement across the County Property is more particularly set forth in the Legal Description and diagram on Exhibit "A". IN WITNESS WHEREOF, the Grantor has caused these presents to be executed in its name by its Board of County Commissioners of Monroe County, Florida, acting by its Mayor or Vice -Mayor, the day and year first stated above. Easement (OFFICIAL SEAL) ATTEST: DANNY L. KOLHAGE, CLERK Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Lz- Mayor IN WITNESS WHEREOF, the Grantee has caused these presents to be executed in its name by , the date and year designated below. (OFFICIAL SEAL) ATTEST: CLERK W W FLORIDA KEYS ELECTRIC COOPERATIVE ASSOCATION INC. - FKEC Date: By: Title: ri _ U RM8: March 4,20 MONHOE COUNTY AT OR Y A VED AS T Z NNE H T TAN AJ gaNEY Date— � 6 EXHIBIT A FLORIDA KEYS ELECTRIC COOPERATIVE ASSOCIATION, INC (FKEC) UTILITY EASEMENT Legal Description of FKEC Easement on St. Croix Place A portion of Port Largo Fourth Addition recorded in Plat Book 6 at Page 90, the same being a replat of Tract E. Port Largo, a subdivision in Section 33, Township 61 South, Range 39 East on Key Largo, Monroe County, Florida, according to a plat thereof, recorded in Plat Book 5 at Page 3 of the Public Records of Monroe County, Florida, more particularly described as follows: From the intersection of the Northeasterly prolongation of the Northwesterly side of Homestead Avenue with the Northeasterly side of Atlantic Boulevard, as shown on the said Port Largo plat, run S 43' 10' 00" E along the said Northeasterly side of Atlantic Boulevard for 250.00 feet to the Point of Beginning of the herein described parcel of land; From the said Point of Beginning, run N 46' 50' 00" E for 183.27 feet; thence deflect 90 degrees right and run S 43' 10' 00" E for 10.00 feet; thence run S 46' 50' 00" W 183.27 feet; thence deflect 90 degrees right and run N43° 10' 00" W along the said Northeasterly side of Atlantic Boulevard for 10.00 feet to the Point of Beginning. TO U.S. HWY 1 - P.O.C. P �QO / / PORT LARGO P135-3 PART OF TRACT E s� q� o o.. EASEMENT 10' WIDE LVI RIGHT OF WAY TO BE ABANDONED O Ifm DATE: 02/01/06 ST. CROIX PLACE EXHIBIT A JR RDEMc KEY LARGO, MONROE COUNTY, FLORIDA PAGE 2 ` SCALE: EXHIBITA.DWG UTILITY EASEMENT 111=501-0" Utility Easement This instrument prepared by, or under the direction of, Suzanne A. Hutton, Esq. FBN 336122 Office of County Attorney P.O.Box 1026 Key West, Fl. 33041-1026 UTILITY EASEMENT THIS UTILITY EASEMENT is made this day of , 2006, by and between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, Grantor, whose address is 500 Whitehead Street, Key West, Florida 33040, to BELLSOUTH TELECOMMUNICATIONS, INC., a Georgia corporation, its licensees, agents, successors, assigns, and allied and associated companies, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of a portion of land described in OR 506 page 497, lying in Section 33 Township 61 South, Range 39 East, Monroe County, State of Florida, physical address of St. Croix Place, Key Largo, Monroe County, Florida 33037 (hereinafter "County Property"); and WHEREAS, it is necessary for Grantee to maintain an easement over a segment of the County Property to construct, operate, maintain, add and/or remove such systems of communications, facilities, or related services as the Grantee may from time to time require upon, over and under the County Property; and WHEREAS, it is in the best interest of the public to grant to Grantee a utility easement; NOW THEREFORE, in consideration of the mutual covenants and obligations contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree that the Grantor does grant to Grantee, its successors and assigns, a perpetual and non-exclusive easement on, over and above, and under the above - described County Property for the purpose of ingress, egress, and utility installation and maintenance within said described property, conditioned upon Grantee holding Grantor harmless for the acts and omissions of its officers, employees, agents and contractors, from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe county) and any other losses, damages, and expenses (including attorney's fees) which arise out if, in connection with, or by reason of the Grantee utilizing the property governed by this easement, and upon the condition that Grantee shall maintain suitable Public Liability insurance or be self -insured, in amounts adequate to respond to any and all claims arising out of the activities authorized in this easement, as reflected by the Grantee's acceptance of the conditions below. The following rights are also granted: the right, but not the obligation, to clear the easement and keep it cleared of all trees, undergrowth, or other obstructions; the right, but not the obligation to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees or limbs outside the easement which might interfere with or fall upon the lines or systems of communication or power transmission or distribution; and the right to relocate said facilities, systems of communications or related services on said lands to conform to any future highway relocation, widening, or improvements. This Easement across the County Property is more particularly set forth in the Legal Description and diagram on Exhibit "A". Utility Easement IN WITNESS WHEREOF, the Grantor has caused these presents to be executed in its name by its Board of County Commissioners of Monroe County, Florida, acting by its Mayor or Vice -Mayor, the day and year first stated above. (OFFICIAL SEAL) ATTEST: DANNY L. KOLHAGE, CLERK an Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Lo IN WITNESS WHEREOF, the Grantee has name by_ Mayor Y AFT0Rt �TO " Tl i A. HUTTON caused these presents to be executed if'ds'`:.,O the date and year designated below.' ��Q�Tr FORM pppjlpYED Tftz (OFFICIAL SEAL) BELLSOUTHYOMMUNICATIONS, INC ATTEST: CLERK prn�NEr By: Date: By: J Title: �l c -/ �-=-• Witness: (1 n.5 Witness: _ff,v (I Grantor' Address: Grantee's Address: BellSouth Telecommunications, Inc. TO BE COMPLETED BY BELLSOUTH TELECOMMUNICATIONS INC. Wire Center Authority Drawing Approval Location Plat Number R/W Number Title -2- EXHIBIT A BELLSOUTH UTILITY EASEMENT Legal Description of BellSouth Easement on St. Croix Place A portion of Port Largo Fourth Addition recorded in Plat Book 6 at Page 90, the same being a replat of Tract E. Port Largo, a subdivision in Section 33, Township 61 South, Range 39 East on Key Largo, Monroe County, Florida, according to a plat thereof, recorded in Plat Book 5 at Page 3 of the Public Records of Monroe County, Florida, more particularly described as follows: From the intersection of the Northeasterly prolongation of the Northwesterly side of Homestead Avenue with the Northeasterly side of Atlantic Boulevard, as shown on the said Port Largo plat, run S 43' 10' 00" E along the said Northeasterly side of Atlantic Boulevard for 295.00 feet to the Point of Beginning of the herein described parcel of land; From the said Point of Beginning, run N 46' 50' 00" E for 183.27 feet; thence deflect 90 degrees right and run S 43' 10' 00" E for 5.00 feet; thence run S 46' 50' 00" W 183.27 feet; thence deflect 90 degrees right and run N43° 10' 00" W along the said Northeasterly side of Atlantic Boulevard for 5.00 feet to the Point of Beginning.