Item N8 N8
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5
The Florida Keys Mayor Pro Tern James K.Scholl,District 3
Craig Cates,District 1
Michelle Lincoln,District 2
' David Rice,District 4
Board of County Commissioners Meeting
December 13, 2023
Agenda Item Number: N8
2023-1797
BULK ITEM: Yes DEPARTMENT: Sustainability
TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag
N/A
AGENDA ITEM WORDING: SUSTAINABILITY: Approval of Environmental Maintenance
Easement agreement between Monroe County Comprehensive Plan Land Authority and Monroe
County Board of County Commissioners for use of MCLA-owned property for Canal Restoration
Program injection wells for Canal 278.
ITEM BACKGROUND:
Monroe County Comprehensive Plan Land Authority owns Lot 5, Block 18, Eden Pines Colony,
according to the plat thereof, as recorded in Plat Book 4, Page 158 of the Public Records of Monroe
County, Florida. This site is needed for the County to install and maintain injection wells as part of the
Canal Restoration Water Quality Improvement Program, at canal 278. The attachment easement
provides access for installation, and long-term maintenance of the injection wells.
PREVIOUS RELEVANT BOCC ACTION:
[Submitted] December 13, 2023: Approval of Environmental Maintenance Easement agreement
between Monroe County Comprehensive Plan Land Authority and Monroe County Board of County
Commissioners for use of MCLA owned property for Canal Restoration Program Injection Wells.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Easement Agreement Access and Maintenance v Final stamped REVISED EXHIBITS A and B.pdf
2917
FINANCIAL IMPACT:
Effective Date: Upon execution Expiration Date: Perpetuity
Dollar Value of the Contract: $0
Total Cost to County: None
Budgeted: N/A Source of Funds: N/A
CPI: Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: No If yes, amount: N/A
Grant: N/A County Match: N/A
Insurance Required: No
Additional Details:
2918
Prepared by and return to:
Gregory S.Oropeza,Esq.
Oropeza,Stones&Cardenas,PLLC
221 Simonton Street
Key West,FL 33040
305-294-0252
(Space Reserved for Clerk of Count)
ENVIRONMENTAL MAINTENANCE EASEMENT AGREEMENT
(Non-exclusive access use)
THIS AGREEMENT is entered into this day of 2023 by and
between, MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY, a land authority
under section 380.0663(1), Florida Statutes, and Monroe County Ordinance Number 031-1986
("Grantor") and MONROE COUNTY, FLORIDA, a political subdivision of the state of Florida
("Grantee") and as to the following:
RECITALS
WHEREAS, Grantor is the owner of vacant land on Narcissus Avenue, Big Pine Key,
Florida 33042, bearing parcel identification number 00268750-000000 and more particularly
described as:
Lot 5, Block 18, Eden Pines Colony, according to the plat thereof, as recorded in Plat Book 4,
Page 158 of the Public Records of Monroe County, Florida.
WHEREAS, Grantee, as part of the Canal Restoration Program,is in need of using a portion
of Grantor's Property for the installation and maintenance of an injection well (the "Injection
Well") for purposes of water flushing and restoration of the canal system abutting Grantors
Property to improve water quality in said canal; and
WHEREAS, Grantee agrees to undertake all maintenance, improvement and remediation
required with, and associated with installation and maintenance of the Injection Well; and
WHEREAS, said Grant of Easement in favor of Grantee is given in order to allow Grantee,
its agents and contractors the ability to install injection wells and for long term access to the
Injection Wells. The parties agree that the access through and across Grantor's property serves a
mutual benefit, and desire to memorialize the agreement and to recognize the easement to allow the
perpetual use of said access for ingress and egress and for repair and maintenance and installation
purposes for the benefit of Grantee.
I. CONVEYANCE OF EASEMENT
The Grantor hereby agrees to grant and convey to Grantee a perpetual, non-exclusive
easement across that portion of Grantor's property ("Initial Easement Property") which is more
2919
particularly depicted in the drawing attached hereto as Exhibit "A" for the installation of the
Injection Well. Following completion of the installation, the Easement granted herein shall be
amended to that portion of Grantor's Property ("Final Easement Property") which is more
particularly depicted in the drawing attached hereto as Exhibit "B" in order preserve as much land
as possible for conservation of upland habitat.
This easement shall not pertain to any other uses and is limited to access required for ingress
and egress access and access for ordinary repair and maintenance of that portion of the Injection
Well accessible only from and across Grantor's property.
IL CONSIDERATION
Grantee and Grantor acknowledge the payment and receipt of $10.00, together with other
good and valuable consideration. Further, Grantor and Grantee agree that Grantee shall be
responsible for maintaining the Initial Easement Property and Final Easement Property, together
with all improvements located thereon. Additionally, in the event that Grantee's work or work
performed by Grantee's agents or contractors impairs, damages or impacts any portion of Grantor's
Property outside of the Initial Easement Property and the Final Easement Property, then Grantee
shall be responsible for restoration of such area back to the condition said area was in prior to the
impact caused by Grantor's work related to the Injection Well.
III. EASEMENT TERMINATION
This easement shall commence upon execution of this Agreement and shall terminate only
in a writing signed by both parties or their respective successors and/or assigns, or in the event the
Injection Well is no longer used by Grantee. In the event that the Injection Well is no longer used
by Grantee, Grantee shall remove the Injection Well and restore the Easement Property to the
condition such property was in prior to the use of the Easement Property by Grantee.
IV. ADDITIONAL COVENANTS
To the extent permitted by F.S. 768.28, Grantee agrees to indemnify and hold harmless
Grantor for any claim, action, liability or damages arising out of the easement rights conveyed
herein, attributable to Grantee. If Grantee's use of the subject easement causes damage to persons
or property, injury or destruction to Grantors' property, Grantee shall be liable to Grantor for the
cost of damages to person or property, repair, replacement or restitution.
Signature Pages to Follow
2920
IN WITNESS WHEREOF, Grantor and Grantee have caused this Agreement to be
executed and delivered as of the day and year first written above.
Signed,sealed and delivered in the presence of GRANTOR:
Monroe County Comprehensive Plan Land
Authority, a land authority under section
380.0663(1),Florida Statutes
By:
David Rice, Chairman
Print Name
Print Name
Approved for form and legal sufficiency:
Gregory S. Oropeza, Esq.
STATE OF )
SS:
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2023 by David Rice, Chairman of the Monroe County Comprehensive Plan Land Authority, a land
authority under section 380.0663(1), Florida Statutes. The above-named person is personally known
to me or has produced a driver's license as identification. If no type
of identification is indicated, the above-named person is personally known to me.
Notary Public, State of Florida
[NOTARY SEAL]
2921
Signed,sealed and delivered in the presence of GRANTEE:
Monroe County,Florida
By its Board of County Commissioners
By:
Mayor of Monroe County
ATTEST: Kevin Madok, Clerk Monroe County Attorney's Office
Approved for form and legal sufficiency
(��- t. g4
As Deputy Clerk of Circuit Court Cynthia L.Hall, Sr.Assistant County Attorney
2922
EXHIBIT A
INITIAL EASEMENT PROPERTY
2923
Legal Description
Initial easement being a portion of Lot 5, Block 18, Eden Pines Colony, according to the plat thereof, as recorded in
Plat Book 4, Page 158 of the Public Records of Monroe County, Florida, being more particularly described as
follows:
Commence at the southwest corner of Lot 5, Block 18, Eden Pines Colony, according to the plat thereof, as
recorded in Plat Book 4, Page 158 of the Public Records of Monroe County, Florida; thence run N 00°12'35"E,
along the west line of said Lot 5 for a distance of 32.67 feet to the POINT OF BEGINNING of the herein described
parcel; thence continue N 00°12'35"E, along said west line for a distance of 10.00 feet; thence run S 89°47'25"E
for a distance of 75.00 feet; thence run N 00°12'35"E, for a distance of 10.00 feet; thence run S 89°47'25"E for a
distance of 10.00 feet to the east line of said Lot 5; thence run S 00°12'35"W along said east line of Lot 5 for a
distance of 30.00 feet; thence run N 89°4725"W for a distance of 10.00 feet; thence run N 00°12'35"E, for a
distance of 10.00 feet; thence run N 89°4725"W for a distance of 75.00 feet to the POINT OF BEGINNING.
Surveyor's Notes:
1) This Sketch of Description is not valid without the original signature and the seal of the signing Florida licensed Surveyor and
Mapper. The seal appearing on this document was authorized by Florida PSM No. on 12023. The
electronic seal is in conformance with FAC 5J-17.062(3).
2) The legal description shown hereon was prepared by the surveyor, as requested by the client.
3) Bearings shown hereon are relative to the Florida State Plane Coordinate System, East Zone(0901), North American Datum
of 1983, based on the east right of way line of Narcissus Avenue as being N 00° 12'35"E.
4) The lands surveyed were not abstracted for ownership, easements, rights-of-way or other title matters by this firm.
a
DRA
FT
11/17/2023
a
MAX RAMOS
THIS IS NOTA SURVEY FLORIDA PROFESSIONAL SURVEYOR AND MAPPER
LICENSE NO.LS 6458
PROJECT TITLE: Sketch of Description
a portion of Lot 5, Block 18, Eden Pines Colony, Plat Book 4, Page 158
Section 15 Township 66 South Range 29 East Monroe County DATE BY DESCRIPTION
a REVISION
DRAWN BY: MR CHKD.BY: CBG
WSP USA ENVIRONMENT & INFRASTRUCTURE, INC. DATE: 11/17/2023 DATE: 1/13/2023
550 Northlake Boulevard,Suite 1000
NN % I ) Altamonte Springs,FL 32701 USA JOB No. SCALE: SIFT. 1
Phone:(407)522-7570 600772x5 NIA OF 2
www.wsp.corn
Certificate ofAuthorization Number LB-0007932 DRAWING NAME:600772x5-Canal 278 Big Pine Welb 2924
U
Con
z EO Lot 6
N I
I S 8904725" E
10.00'
NW corner of Lot 5
_ lot line
85'(per plat)
w
o M N 00012'35" E
N
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10.00'
W
S 8904725"E 75.00'
M O
0Initial Easement N CS
o0
LU LU z777' N 89°4725" W 75.00' 71ot
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CV CV POB Lot 5, Block 18y
of of
Initial Eden Pines Colony
co co CN
"' Easement Plat Book 4, Page 158
Monroe County, Florida.
O
z N 00012'35" Eoz
10.00'
POC
25.0' SW corner of Lot 5
N 8904725" W GRAPHIC SCALE
m °' 10.00' a 1 a 2a
Ico
?: 1 inch=20 feet
Lot 4
�_, LEGEND
1. POB = POINT OF BEGINNING
POC = POINT OF COMMENCEMENT
THIS IS NOT A SURVEY RXX E= RANGE XX EAST
T XX S= TOWNSHIP XX SOUTH
PROJECT TITLE: Sketch of Description
a portion of Lot 5, Block 18, Eden Pines Colony, Plat Book 4, Page 158
Section 15 Township 66 South Range 29 East Monroe County DATE BY DESCRIPTION
a REVISION
DRAWN BY: MR CHKD.BY: CBG
WSP USA ENVIRONMENT & INFRASTRUCTURE, INC. DATE: 11/17/2023 DATE: 1/13/2023
550 Northlake Boulevard,Suite 1000
Altamonte Springs,FL 32701 USA JOB No. SCALE: SIFT. 2
Phone:(407)522-7570 600772x5 1 inch=20 feet OF 2
www.wsp.corn
Certificate ofAuthorization Number LB-0007932 DRAWING NAME:600772x5-Canal 278 Big Pine Welb 2925
U
EXHIBIT B
FINAL EASEMENT PROPERTY
2926
Legal Description
Final easement being a portion of Lot 5, Block 18, Eden Pines Colony, according to the plat thereof, as recorded in
Plat Book 4, Page 158 of the Public Records of Monroe County, Florida, being more particularly described as
follows:
Commence at the southwest corner of Lot 5, Block 18, Eden Pines Colony, according to the plat thereof, as
recorded in Plat Book 4, Page 158 of the Public Records of Monroe County, Florida; thence run N 00°12'35"E,
along the west line of said Lot 5 for a distance of 32.67 feet to the POINT OF BEGINNING of the herein described
parcel; thence continue N 00°12'35"E, along said west line for a distance of 8.00 feet; thence run S 89°4725"E for
a distance of 85.00 feet to the east line of said Lot 5; thence run S 00°12'35"W along said east line of Lot 5 for a
distance of 8.00 feet; thence run N 89°4725" W for a distance of 85.00 feet to the POINT OF BEGINNING.
Containing 680 square feet or 0.015 acres, more or less.
Surveyor's Notes:
1) This Sketch of Description is not valid without the original signature and the seal of the signing Florida licensed Surveyor and
Mapper. The seal appearing on this document was authorized by Florida PSM No. on 12023. The
electronic seal is in conformance with FAC 5J-17.062(3).
2) The legal description shown hereon was prepared by the surveyor, as requested by the client.
3) Bearings shown hereon are relative to the Florida State Plane Coordinate System, East Zone(0901), North American Datum
of 1983, based on the east right of way line of Narcissus Avenue as being N 00° 12'35"E.
4) The lands surveyed were not abstracted for ownership, easements, rights-of-way or other title matters by this firm.
a
DRA
FT
11/17/2023
a
MAX RAMOS
THIS IS NOTA SURVEY FLORIDA PROFESSIONAL SURVEYOR AND MAPPER
LICENSE NO.LS 6458
PROJECT TITLE: Sketch of Description
a portion of Lot 5, Block 18, Eden Pines Colony, Plat Book 4, Page 158
Section 15 Township 66 South Range 29 East Monroe County DATE BY DESCRIPTION
a REVISION
DRAWN BY: MR CHKD.BY: CBG
WSP USA ENVIRONMENT & INFRASTRUCTURE, INC. DATE: 11/17/2023 DATE: 1/13/2023
550 Northlake Boulevard,Suite 1000
NN % I ) Altamonte Springs,FL 32701 USA JOB No. SCALE: SIFT. 1
Phone:(407)522-7570 600772x5 NIA OF 2
www.wsp.corn
Certificate ofAuthorization Number LB-0007932 DRAWING NAME:600772x5-Canal 278 Big Pine Welb 2927
U
Con
z EO Lot 6
(V
I
NW corner of Lot 5
_ lot line
85'(per plat)
w
�n
O ch
� N
W Z
tn S 8904725" E 85.00'
M O M p
� � ► NO
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c 777' N 89°4725" W 85.00' $
w w z y
CV CV POB Lot 5, Block 18
of rr
Cq Final Eden Pines Colony
"' "' M Easement Plat Book 4, Page 158
F Lu
co co m Monroe County, Florida. F-
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`° L6a� O
Z
O O O
U U O O
O N
lot line
POC
25.0' SW corner of Lot 5
GRAPHIC SCALE
a, 0 10 20
c
cCa
?: 1 inch=20 feet
Lot 4
�_, LEGEND
POB = POINT OF BEGINNING
POC = POINT OF COMMENCEMENT
THIS IS NOT A SURVEY RXX E= RANGE XX EAST
T XX S= TOWNSHIP XX SOUTH
PROJECT TITLE: Sketch of Description
a portion of Lot 5, Block 18, Eden Pines Colony, Plat Book 4, Page 158
Section 15 Township 66 South Range 29 East Monroe County DATE BY DESCRIPTION
a REVISION
DRAWN BY: MR CHKD.BY: CBG
WSP USA ENVIRONMENT & INFRASTRUCTURE, INC. DATE: 11/17/2023 DATE: 1/13/2023
550 Northlake Boulevard,Suite 1000
Altamonte Springs,FL 32701 USA JOB No. SCALE: SIFT. 2
Phone:(407)522-7570 600772x5 1 inch=20 feet OF 2
www.wsp.corn
Certificate ofAuthorization Number LB-0007932 DRAWING NAME:600772x5-Canal 278 Big Pine Welb 2928
U