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09/20/2023 Assignment of Easement This docunient was prepared by: NAVFAC Southeast Real Estate NAVFAC Southeast Box 30,Bldg,903,RE31 Jacksonville,Fl,32212-0030 All correspondence pertaining to this Easement must include reference to: File Number: EO-10369 Instrument Number: N69450-23-RP-00034 ASSIGNMENT OF EASEMENT " THIS ASSIGNMENT OF EASEMENT is made this j I- 023 by the Board ofCounty Commissioners ofMonroe County, Florida, a political subdivision of the State of Florida, hereinafter called the "COUNTY," (Assignor) to the State of Florida, hereinafter called the "STATE," (Assignee). A. The United States of America owns certain real property identified as Sigsbee Park, Naval Air Station Key West, Florida, hereinafter called the "Station,"which includes a parcel of land comprising approximately .057 acre, as more particularly described in Exhibit A, attached hereto and incorporated herein, hereinafter called the "PREMISES." B. On 19 August 1985, the United States of America, acting by and through the Department of the Navy, granted that certain Grant of Easement, Contract Number N62467- 85-RP-00 158, attached hereto and incorporated herein as Exhibit B, hereinafter called the "Grant of Easement,"to the COUNTY, for the construction, installation, operation, maintenance, repair, and replacement of a television translator tower on the PREMISES for a term of fifty (50) years. C. On 21 June 2023, the COUNTY transferred all ownership and responsibility of the television translator tower and all related tower assets located on the PREMISES to the STATE. D. The United States of America, acting by and through the Department of the Navy, consents to the assignment of the Grant of Easement to the STATE for the remaining term. NOW THEREFORE, the COUNTY, in consideration of the STATE 'S assumption of all rights, responsibilities, obligations, and conditions contained within the Grant of Easement, and other good and valuable consideration received from the STATE, the receipt of which is hereby acknowledged, does hereby assign all rights, responsibilities, obligations, conditions, and interest in and to the Grant of Easement to the STATE. 1. All terms and conditions of the Grant of Easement shall remain unchanged. 2. List of Exhibits Exhibit A: Legal Description of Easement Premises Exhibit B: Grant of Easement No. N62467-85-RP-00 158 Doc#2436066 Bk#3246 Pg#2026 Recorded 10/16/2023 8:59 AM p'age I of Page I of 9 Deed Fioe Stamp$0.00 Filed and Recorded in official Records of MONROE COUNTY KEVIN NLtDOK,CPA Out-Easciiient:N62467-85-Ril'-001 58 All correspondence pertaining to this Easement must include reference to Instf-UmentNUmber: N62467-85-RP-00158 IN WITNESS WflFRl_`( 1"' the pat-ties hereto have caused this ASSIGNMI"INT OF l"'.ASEMENTto be executed by their duly authorized representatives as ofthe day and year First written above. rpV 463 BOARD OF COUNTY COMMISSIONERS OF MONROE COLINTY, FLORIDA rorr Attest: Kevin Madok, Clerk By: By: As Deputy Clerk Mayor/0idirrnan Date: j41tVkJ,*4Ad '10 3,0 Date: Z>1. MONROE COUNTY ATTORNEYS OFFICE APPROVED AS TO FORM DINOVO SISTANT COUNTY ATTORNEY DATE: Page 2 of 9 DOCUSign Envelope ID:BE4CBF3F-4F6A-4604-9DI8-85901CF2OE45 Otit-Easement:N62467-85-RP-00158 All correspondence pertaining to this Easement must include ref'erence to Instrument Number: N62467-85-RP-00158 IN wFrNESS WHEIRE"OF, I have cansed this ASSIGNMENT OF EASEMENT" to be executed on the date indicated above. ASSIGNET: STATE OF FLORIDA Department of Management Services, DENISE ADKINS Director SIC N ED AND SEA 1,ED IN OUR PRESENCE: . �t(/k .................. ....................... urn, 0 1 st witness Printed ame of I't witness Printed name cif 2 nd witness ignature-6- 2nd witness STATE OF FLORIDA COUNTY OF LE ON The foregoing instrument was acknowledged before rne by rneans of[physical presence or C= *Ichs 'cSA_ -\64Z online notarization, this Z) day of �-QrY 2023, by Denise Adkins as the Director, State of lorida Depaillnent of Management Services, who is personally known to me or provided as identification. ............................... ....................... ......... .............. Notary blic V11WHASPENCE My commission expires: (.o EAO("Am 20,2024 "OF,F0 B^w""kdoAftbry SWAM Notary Seal Page 3 of 9 (Tut-Ea sem eut:N 62467-85-RP-001.58 All correspondence pertaining to this Easement must include reference to Instrument Number: N62467-85-RP-001 S8 The United States of America consents to this ASSIGNMENT OF EASEMENT. ~ MENT. GRANTOR: UNITED STATES OF AMERIC;A ActiZbyd throng h t e e artment of the Navy i3y . FERDINAND L. SALOMON Real Estate Contracting Officer Naval Facilities Engineering Systems Command Southeast Page 4 of 9 Out-Easement:N62467-85-RP-001 58 All correspondence pertaining to this Easement Must include reference to InstrurnentNurnber: N62467-85-RP-00158 EXHIBIT A LEGAL DESCRIPTION OF EASEMENT PREMISES A parcel of land at Sigsbee Park, Monroe County, Florida and being described as follows: The coordinates cited in this legal description are in the North American Datum of 1927 (NAD27). Begin at a point having coordinates of X=245,378.61 Y=91,545.75 (X=401,611.65 Y=91,702.84 US Survey Feet North American Datum 1983/2011) based on USC&GS Mercator Grid System for the East Zone ol.'Florida and run thence South 13'47'11" West for a distance of 50 feet; thence North 76'12'49" West for a distance of 50 feet; thence North 13'47'11" East for a distance of 50 feet; thence South 76'12'49" 17,ast for a distance of 50 feet back to the Point of Beginning. The area of the prescribed parcel is approximately .057 acre. Page 5 of 9 Out-Easement:N62467-8.5-RP-001 58 EXHIBIT B All correspondence pertaining to this Easement must include reference to (;RANT OF EASEMENT Instrument Number-N62467-85- RP-00158 GRANT OF EASEMENT N62467-85-RP-00158 THIS INDENTURE, made the 1901 day, of August 1985 between the United States of America, herein called the Government, acting through the Department of the Navy, and Monroe County, FL, herein called the Grantee. WHEREAS, the Government owns that certain real property identified as Sigsbee Park, Naval Air Station, Key West, FL, herein called the Station-, and WHERFAS, the Grantee has requested an easement for the construction, installation, operation, maintenance, repair, and replacement of a television translator tower, herein called the tower, on that portion of the Station hereinafter described; and WHEREAS, the Secretary of the Navy has found that the granting of such easement on the terms and conditions hereinafter stated will not be incompatible with the public interest: NOW THEREFORE, this indenture wltnesseth that, In consideration of Five Thousand Eight Hundred Twenty-Faiye_Aud_ no/100 Dollars (45,825.00) paid by the Grantee to the Governxeni*�,—_�_ e Government hereby grants to the said Monroe County and its successors and assigns, for a period of fiftly,_(51),, ye ars from the date hereof, an easement for the construction* installation, operation, e I ration, maintenance, repair and replacement of a television translator tower, such eaaeme,nt being On that portion of the Station hereinafter called the Premises, and described as follows: A parcel of land at Sigsbee Park, Monroe County, Florida and being described as follows: BEGIN at a point having coordinates of X-245,378.61 Y-91,545.75 based on USC&GS Mercator Grid System for, the East Zone of Florida and run thence South 130 471 11" West for a distance of 50 feet-0 thence North 760 12' 49" West for a distance of 50 feet; thence North 130 471 11" East for a distance of 50 feet; thence South 760 121 44" East for a distance of 50 feet back to the Point of Beginning. Approximate location is as shown on a map marked "EXHIBIT A," attached hereto and made a part hereof. This easement is granted subject to the following terms and conditions: Page 6 Of.9 Out-Easement:N62467-85-RP-00158 All correspondence pertaining to this Easement must include reference to Instrument Number; N62467-85- RP-00158 I A fence will be constructed by the Grantee around the tower in order to restrict access, and appropriate R-F radiation hazard signs will be posted. 2. All work In connection with the construction, installation, operation, repair and replacement of the tower and fence shall be done without cost or expense to the Government, and in accordance with plans previously approved by the Commanding' Officer of the Southern Division, Naval Facilities Engineering Command. 3. The Grantee shall maintain the Premises and the tower in good condition at all times, and shall promptly make all repairs thereto that may be necessary for the preservation of the condition of the Premises and the continued operation and maintenance of the tower. . 4. The Grantee's rights hereunder shall be subject to such reasonable rules and regulations as may be prescribed by the Goverment to assure that the exercise of such rights will not interfere with Government activities at the Station. 5. Upon the termination of this easement, the Grantee, at its ,expense, shall remove, to the extent requested by the Government, improvements installed or constructed hereunder, and shall restore the Premises to the same or as good a condition as that which existed prior to the exercise by the Grantee of its rights hereunder. Such restoration shall be done in a manner satisfactory to the Commanding Officer of the Southern Division, Naval Facilities Engineering Command. 6. If at any future time, the Government determines that the tower, ,or any portion thereof, unduly interferes with any of its activities, it shall have the right to terminate this easement, in whole or in part, to the extent necessary to eliminate such interference; PROVIDED that, unless the Government shall have determined that relocation is not feasible, it shall convey to the Grantee, without charge, a substitute easement permitting the Grantee to relocate the tower on adjacent Government property, at the Grantee's cost and expense. The substitute easement shall contain the same terms and conditions as those of this easement, and shall bear the same expiration date. 7. All or any part of this easement may be terminated upon failure by the Grantee to comply with any of Its terms and conditions; upon abandonment of the rights granted herein; or upon nonuse of such rights for a period of two consecutive years. 8. The Government may use the Premises of this easement for any purpose that does not unreasonably interfere with the use and enjoyment by the Grantee of the rights granted by this easement. 2 Page 7 o1`9 Out-Easement:N62467-85-RP-001 58 All correspondence pertaining to this Easement must include reference to Instrument Number:N62467-85- RP-00158 IN WITNESS WHEREOF, the Government, acting through the Department of the Navy, has caused this instrument to be executed the day and year written first above. WITNESS UNITED STATES OF AMERICA BY Contracting Officer STATE OF SOUTH CAROLINA COUNTY OF CHARLESTON Personally appeared before me Marlene F. Villamon who being duly sworn, says that he, saw the within named W, M. hob,Insga. JX:. sign and seal the foregoing Grant of Easement, in behalf of the United States of America, and that, she with gosie P, D!jrgse ., - witnessed the execution thereof. Sworn to before me this 19th day of August 1985) Judith a. 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