09/20/2023 Agreement, Trumbo Village �,q coup?"
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A........ ya Clerk of the Circuit Court& Comptroller—Monroe County, Florida
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DATE: September 28, 2023
TO: Ke«n (I',. NVilson, PE
Assistant County Administrator
A Suzanne Rubio
Executive Administrator
FROM: Pamela G. Hancoc ,,M C.
SUBJECT: September 20'h BOCC Meeting
Attached is an electronic copy of the follo%ving item for your records:
N3 Grant of Easement, signed by the County Administrator, for KEYS Energy to
provide power to the public private partnersliip SlieritPs Housing Project ff runibo Village) on
Truinbo Road in Key West.
Should you leave any questions please feel free to contact ine at (305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
DOL#2434148 Bk#3244 Pg#18"
Recorded 9/2V/ZOZ333ZpM Page | of 4
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Prepared by: p.leduwuReco�eu-mffiuial Records of
Nick Batty,Esq. MONROE COUNTY KEVIN NILAOOK CP�A
Director uf Legal and Regulatory Services
Keys Energy Services
zuuz James Street
Key West,pLssu4o
GRANT OF EASEMENT
THIS GRANT DFEASEy�ENT(the"Agreement") isenteredintothis s�4—dayof '2023by
and between MONROE COUNTY, a political subdivision of the State of Florida having a mailing address of 1100
Simonton Street, Key West, FL33O4Q(herein referred toas^Grantor^)'and THE UTILITY BOARD 0F THE CITY 0F
KEY WEST, FLORIDA,d/b/a Keys Energy'a municipal utility, having mailing address of1OQ1 James Street, Key
West, FL33O4O(''KEYS"or"Grantee").
VVHEREAS' Gmntoristheownerofcertainrea| property (the ^Property^) |ocatedatJ55TrumboRoad' on
the island of Key West in Monroe County, Florida (Monroe County RE No. 0000I720-000200)' which property is
iega||ydescribedonExhibit^A^attachedheretoandincorpomtedherein; and
WHEREAS, KEYS owns' operates' and/or intends to own and/or operate certain electrical and
communications facilities and appurtenances which are currently located or are to be located upon' over and/or
under the Property(the "|nfmstructure^); and
WHEREAS, the parties desire to enter into this Agreement in order to provide KEYS a non-exclusive
perpetual easement over,in,under,and across the Property,together with a reasonable right of ingress and egress
over said Property'for the purposes set forth herein.
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,Grantor and
KEYS hereby agree as follows:
1. This Agreement shall become effective upon the date that Grantor executes this Agreement.
J. The foregoing recitals are true and correct and are incorporated herein by reference.
3. GrantorherebygrantstoKEYSaperpetua| non'exdusiveeasementunder' over' acrossanduponthe
Property for public utility and communications purposes.
4. KEYS shall have the right toconstruct, reconstruct, lay, install, operate' maintain' re|ocate, repair, replace,
improve' remove' and inspect the Infrastructure and all appurtenances thereto and shall have full right of
ingress and egress thereto and therefrom over and across the Property.
5. Grantor shall furnish and maintain the Property free of and clear from any obstruction which would
interfere with KEYS'ingress and egress rights hereunder,and shall not construct,place,or allow the placing
or construction of any obstruction (except asotherwise allowed herein)which would interfere with KEYS'
safe or proper installation,operation, maintenance, inspection,or removal of the Infrastructure. KEYS may
remove any obstruction to the safe or proper operation, maintenance, inspection, or removal of such
Infrastructure,provided that KEYS shall,except in the event of discovery of conditions which are reasonably
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likely to cause a dangerous condition or affect the continuous electrical service provided by KEYS, provide
reasonable notice to Grantor prior to such removal. Grantor shall promptly reimburse any reasonable
expenses incurred by KEYS in effecting such removal, and KEYS shall have no liability for and shall have no
obligation to reconstruct any obstruction removed.
6. KEYS shall have the right as necessary or desirable for the safe and proper installation, operation,
maintenance, inspection, or removal of the Infrastructure, or in order to provide reasonable access to the
Infrastructure, to cut and trim trees, bushes, brush, and other natural obstructions existing upon the
Property from time to time.
7. Grantor shall have the right to make any other use of the Property which does not interfere with the rights
of KEYS hereunder.
8. Grantor shall bear the cost of any relocation or modification of any Infrastructure when the relocation or
modification is necessitated by Grantor's request.
9. All covenants,stipulations,terms,conditions,and provisions of this Agreement shall extend to and be made
binding upon the future owners of the above described Property and the successors and assigns of KEYS
and Grantor as a covenant running with the land. Within fifteen (15) days of execution of this Agreement,
Grantor shall record this Agreement in the Official Records of Monroe County at Grantor's expense, and
shall promptly provide proof of such recording to Grantee.
10. Grantor warrants that it has full power and authority to grant this easement,and Grantor warrants that the
signatories hereon have full power to bind Grantor for the purposes set forth herein.
11. This Agreement shall be governed by and interpreted under the laws of the State of Florida,
notwithstanding any choice of law principles.Any litigation brought on the basis of this Agreement shall be
brought and held in the appropriate court of the Sixteenth Judicial Circuit in Key West, Monroe County,
Florida.
12. In the event of litigation between the parties, their successors and/or assigns, arising out of or relating to
this Agreement,the prevailing party shall be entitled to recover all costs incurred and reasonable attorney's
fees, including attorney's fees incurred in any appeals. Nothing herein shall constitute a waiver of Grantor
or Grantee's sovereign immunity pursuant to applicable law.
13. This Agreement sets forth all of the covenants and understandings between Grantor and KEYS. No
subsequent alteration, amendment, change or addition to this Agreement shall be binding upon either
party unless reduced to writing and duly executed by both parties.
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IN WITNESS WHEREOF,the Grantor has hereunto set its hand and seal thisA. day of_ _)eq 2023.
WITNESS MONROE COUNTY
A politica4-%ubisiot� - the State of Florida
By
Print Name: Print Name:
Title: hN Ind
Print Name: N
STATE OF r
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 2023, by
s of MONROE COUNTY, a political su division of the
�tate Florida,�wh6-4gpe`rsonallay known o me/has produced __as identificatfCn.
.�.,. otar Pu
+" KRYSTAL :GOIAEZ N blicNotary Ik-StatC 0 HHMy C k I5the alssn.
MONROE COUNTY ATTORNEYS OFFICE
APPROVED AS TO FOR
I u
ISTANT COUNTYATTORNEY
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EXHIBIT"A"
A parcel of land Mng in Section 31,Township 67 South,Range 25 East,Monroe County,Florida,being des0bed as:
(POC)CDmmendng at the Intusectlon of the East right-or-way line of Trumbo Road and the Nordwh-steriy right ay
kne of Grkwvdi Sbxbet;thence nin North along the East r1w fine of Trumbo Road for a dWance of 354.45 feet to the(POO)
Point of 84nnVg;dvence continue North along the Eastedy right-d-waV line of Trumbo Road for a distance of 2%00
feet;doxe al at right angles,East for a dLstanoe of 195.00 feet;ftnoe South fora distance of 200.00 feet thaxLe East
for a distance of ISOO feet;thwoe South for a distance of 50.00 feet;thence West abN the Northerly bouixiary fine of
the%'team Plant GwW for a dLqance of 2 10.00 feet back to the East right-of-way line of Trumbo Road and(POB)the
Point of Beginrft
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