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. Owens Notary Public for the State of South
Carolina.
rAy CoMtAISSION EXPIRES 8.17-1994'.
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