Item I2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 20. 2008 Division: Growth Management
Bulk Item: Yes -X- No - Department:
Staff Contact: Andrew O. Trivette
AGENDA ITEM WORDING:
Approval of Easement by and between Monroe County and Islander Village, LLC., grantors and the
Utility Board of the City of Key West, Florida, grantee and rescission of easement previously granted
on May 21,2008.
ITEM BACKGROUND:
As the underlying long term lessor, Monroe County must consent to the easement from the Islander
Village, LLC. to the Utility Board of the City of Key West, Florida to allow ingress and egress over
said property for electric service. Because some units are sold, the owners/sublessees must join in the
easement. Language in the previous easement was changed by the Utility Board.
PREVIOUS RELEVANT BOCC ACTION: April 18, 2007 - Approval of the long terms lease from
Monroe County to Islander Village, LLC.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST: BUDGETED: Yes - No -
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes - No - AMOUNT PER MONTH_ Year
-
APPROVED BY: County Atty -X- OMB/Purchasing _Risk Management _
DOCUMENTATION: Included X Not Required_
DISPOSITION: AGENDA ITEM #
Revised 11/06
.
.
Prepared by and Return to:
Spottswood, Spotts wood & Spotts wood
500 Fleming Street
Key West, Florida 33040
EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that MONROE COUNTY, a political
subdivision of the State of Florida, its successors and assigns, whose address is 1100
Simonton Street, Key West, Florida 33040, and ISLANDER VILLAGE, LLC, a
Florida limited liability company, its successors and assigns, whose address is 201 Front
Street, Suite 224, Key West, Florida 33040, collectively referred to herein as "Grantor",
and THE UTILITY BOARD OF THE CITY OF KEY WEST, FLORIDA, whose
address is 1001 James Street, Key West, Florida 33040, referred to herein as "Grantee,
for public utility purposes, in, under, over and across the hereinafter described land, in the
management, operation, maintenance, extension, construction and improvement thereof,
of that certain real property located in Monroe County, Florida, which property is
described on Exhibit "A" attached hereto and made a part hereof.
Together with the right of ingress and egress over property of the Grantor, so as to afford
the Grantee complete 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 land described in Exhibit "A," which may injure or interfere with the
full and complete use of the aforesaid easement.
Property owner and/or homeowners association are required to maintain a minimum of
ten feet clearance in the front of all Padmounted electrical switchgear. This "clear zone"
applies to vegetation also.
This easement shall terminate if at any time its use is discontinued for one year.
IN WITNESS WHEREOF, these presents have been executed by the Grantor herein, all
as of the _ day of September, 2008.
BALANCE OF PAGE INTENTIONALLY LEFT BLANK
Witnesses: ISLANDER VILLAGE, LLC
B~~=- n..~~
Edwin O. Swift . II, - - ~
STATE OF FLORIDA
COUNTY OF ~ONROE
On this ~Jciay of August, 2008. before me personally appeared Edwin O. Swift III,
as Manager of Islander Village, LLC, who is personally known to me, and who
acknowledged execution of the foregoing instrument. ~ ~~
~\;~. MARION HOPE CASAS Notary Public
(SEAL) ('f~~ CorTvnII8Ion 00781580
~ gxpiree JuIV 21, 2012
<r.P.t..". eOnded1lw~;'__ID386-7t}19
BOARD OF COUNTY COMMISSIONE
OF MONROE COUNTY, FLORIDA
Attest:
DANNY L. KOLHAGE, Clerk
By By
Deputy Clerk Mayor Mario DiGennaro
Witnesses: THE UTILITY BOARD OF THE CITY
OF KEY WEST, FLORIDA
~cr~ By:71/~;:JA~
,intN,m" 0,\<, F{;;."1~ Printed Name: /YI/l'Hhtw ~^$O
. ~ . ~ Its: SVft. of: 1'");"',;')
Pnnt Name: <. ~~ (1.
STATE OF FLORIDA
COUNTY OF MONl}9E
~ I J'fi day of ~ 2008. (bef~re me personally appeared
l1.J~R)N.:)J, a /}(' a ' :/- of The Utility Board of the
City of Key West, Florida, who i pers~llY~~ me, and who acknowl dged
execution of the foregoing instrument. :' ~
(SEAL)
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EXHIBIT A
LEGAL DESCRIPTION
A parcel of land on Stock Island, being a part of Block 59, MALONEY SUBDIVISION, according to the Plat thereof,
as recorded in Plat Book I, Page 55, of the Public Records of Monroe County, Florida, and adjacent submerged lands,
said parcel being more particularly described by metes and bounds as follows;
Commencing at the W'ly Right-of-Way Line of Cross Street and the S'ly Right-of-Way Line of Fifth Avenue and run
thence West along the S'ly Right-of-Way Line of the said Fifth Avenue for a distance of 450.00 feet to the Point of
Beginning, said point also being the NW'ly comer of LINCOLN GARDENS NO.2 SUBDIVISION, as recorded in
Plat Book 5, at Page 90, of the Public Records of Monroe County, Florida; thence continue West and along the S'Iy
Right-of-Way Line of the said Fifth Avenue for a distance of691 .45 feet; thence run South for a distance of 79.47 feet;
thence run S 3 degrees 00' 00" W for a distance of 88.04 feet to a curve, concave to the Northeast and having for its
elements a radius of 157.0 feet, and a delta of 43 degrees 00'; thence run SE'ly along the arc ofsaid curve for a distance
of 117.83 feet to the end of said curve; thence run S 40 degrees 00' 00" E for a distance of 183.23 feet to a curve,
concave to the North and having for its elements a radius of 92.0 feet and a delta of95 degrees 00'; thence run SE'ly
and NE'ly along the arc of said curve for a distance of '52.54 feet to the end of said curve; thence run N 45 degrees 00'
00. E for a distance of 406.95 feet to a curve, concave to the Northwest and having for its elements a radius of 87.0
feet, and a delta of II degrees 49' 24"; thence run NE'ly along the arc of said curve for a distance of 17.95 feet; thence
run East for a distance of37.33 feet; thence run S 74 degrees 58' IS. E for a distance of 72.32 feet to a point that is on
the W'ly boundary line of the said LINCOLN GARDENS NO.2 SUBDIVISION; thence run North and along the W'ly
boundary line of the said LlNCOLN GARDENS NO.2 SUBDfVJSION for a distance of 139.88 feet back to S'ly right-
of-way line of the said Fifth Avenue and the Point of Beginning.
CONSENT AND JOINDER OF SUBLESSEE
The undersigned Sublessee from, Sublessor Islander Village, LLC, the lessee under that certain
Lease dated April 18, 2007, and recorded at Official Records Book 2301, Page 365, of Monroe
County, Florida, hereby consent and joins in the foregoing Easement to UTILITY BOARD OF
THE CITY OF KEY WEST FLORIDA d/b/a KEYS ENERGY.
WITNESS: SUBLESSEE:
STATE OF E1OV\d.tL
COUNTY OF MoY\ We..
The foregoing instrument was acknowledged before me this 2- ~y of J\.AVl L, 2008, by
JI\\~t\\ ~ltlW\tt-V\ -
Such person did/did not take an oath and: (notary must check applicable box)
Personally Known
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Produced Identification
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produced as identification.
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CONSENT AND JOINDER OF SUBLESSEE
The undersigned Sublessee from, Sublessor Islander Village, LLC, the lessee under that certain
Lease dated April 18, 2007, and recorded at Official Records Book 2301, Page 365, of Monroe
County, Florida, hereby consent and joins in the foregoing Easement to UTILITY BOARD OF
THE CITY OF KEY WEST FLORIDA d/b/a KEYS ENERGY.
WITNESS: SUBLESSEE:
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Such person did/did not take an oath and: (notary must check applicable box)
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CONSENT AND JOINDER OF SUBLESSEE
The undersigned Sublessee from, Sublessor Islander Village, LLC, the lessee under that certain
Lease dated April 18, 2007, and recorded at Official Records Book 2301, Page 365, of Monroe
County, Florida, hereby consent and joins in the foregoing Easement to UTILITY BOARD OF
THE CITY OF KEY WEST FLORIDA d/b/a KEYS ENERGY.
WITNESS: SUBLESSEE:
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Personally Known
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CONSENT AND JOINDER OF SUBLESSEE
The undersigned Sublessee from, Sublessor Islander Village, LLC, the lessee under that certain
Lease dated April 18,2007, and recorded at Official Records Book 2301, Page 365, of Monroe
County, Florida, hereby consent and joins in the foregoing Easement to UTILITY BOARD OF
THE CITY OF KEY WEST FLORIDA d/b/a KEYS ENERGY.
WITNESS: SUBLESSEE:
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STATE OF r((htl'~ A
COUNTY OF (}I\6'l Y Q-e.
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The foregoing instrument was acknowledged before me this~ day of J0!J 2008, by
Such person did/did not take an oath and: (notary must check applicable box)
Personally Known
Produced Identification
Type 0 dentification Produced:
a current Florida Driver's License as identification, number J lIOb~63I.r-&'D-(PZ,Z--o
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CONSENT AND JOINDER OF SUBLESSEE
The undersigned Sublessee from, Sublessor Islander Village, LLC, the lessee under that certain
Lease dated April 18, 2007, and recorded at Official Records Book 2301, Page 365, of Monroe
County, Florida, hereby consent and joins in the foregoing Easement to UTILITY BOARD OF
THE CITY OF KEY WEST FLORIDA d/b/a KEYS ENERGY
I WITNESS: SUBLESSEE:
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(Mailing Address) ~ ~{\St-, 'Vi.- ;.?OL1 0
STATE OF P!o ;LID/",
COUNTY OF /j'-oYlFdZ
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CONSENT AND JOINDER OF SUBLESSEE
The undersigned Sublessee from, Sublessor Islander Village, LLC, the lessee under that certain
Lease dated April 18, 2007, and recorded at Official Records Book 2301, Page 365, of Monroe
County, Florida, hereby consent and joins in the foregoing Easement to UTILITY BOARD OF
THE CITY OF KEY WEST FLORIDA d/b/a KEYS ENERGY.
WITNESS: SUBLESSEE:
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Print Nam : Mary E. Tur~o
STATE OF ~'~tt.
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Such person did/did not take an oath and: (notary must check applicable box)
Personally Known
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CONSENT AND JOINDER OF SUBLESSEE
The undersigned Sublessee from, Sublessor Islander Village, LLC, the lessee under that certain
Lease dated April 18, 2007, and recorded at Official Records Book 2301, Page 365, of Monroe
County, Florida, hereby consent and joins in the foregoing Easement to UTILITY BOARD OF
THE CITY OF KEY WEST FLORIDA d/b/a KEYS ENERGY.
WITNESS: SUBLESSEE:
Prin ame: mCAN. RUGm-STERIING
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STATEOF ~JlL
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Such person did/did not take an oath and: (notary must check applicable box)
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