12/13/2023 Agreement rpol!CCDURtm t
4Kevin , Cp
Clerk of the Circuit Court& Comptroller Monroe County, Florida
y^k 4. ✓
DATE: December 22, 20213
TO: Rlroncla Ilaag
Ulric t,Resilierrc~c (A icc.r
janct Giriderson
Grants C'oorclirrator
FROM: Pallichr G Ilanco &(.'_
SUBJECT: Dcceml>er 113" B0(_7C Mcctin8
Attaclrcd is an clectronic copy of tl►c following item fir your rccor(Is;
NS 1"llvironrrrcrrtal Ma.irrtcnance I?aserrrcnt agi,ecillelit Irctweerr Monroe C'ourrty
C;ornprchcrrsivc Ilan 1.,and. Authority arrd Morrroc C'orrrrty Board of Comity C'or)III sissiorrers lot'
nse. of'MC'1,A-ownc.c1 property II>r° C.a ial 11cstoration 1'rogyarn in,jcction wells I'll- C'alml 278.
Should you lrave any questions please fccl Irce to contact me at (1305) 292-3550.
cc. 1,a:ncl Aut,lrority
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
Doc#2445693 Hk#3256 Pg#657
Recorded IZ,22./2023 3:47 PM Page I ot"10
Prepared by and return to: Deed Doc Stamp$0.70
Gregory S.Oropeza,Esq. Filed and Recorded in Official Records of
Oropeza,Stories& Cardenas,PLLC MONROE COUNTY KEVIN MADOK,CPA
221 Simonton Street
Key West, FL 33040
305-294-0252
(Space Reserved for Clerk of Court)
.......... .......................................................................................
ENVIRONMENTAL MAINTENANCE EASEMENT AGREEMENT
('Non-exclusive accessuse)
T141S AGREEMENT is entered into this 1.3th day of t,&Onbu-, 2023 by and
between, MONROE COUNTY COMPRE'IFF,NSIVE ITAN EAND AUTHORITY, a land authority
under section 380.0663(l), 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:
RECFFAI,S
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 Grantors 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 if1jection 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,
1. 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
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" iri 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.
11. 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.
1.11. 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
TN 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(l),Florida Statutes
'_. w.._.._ ., ..... By. I7P Rice,Chatnan
rA �,
-avid
Print N e ( 1 _..._
W
b
Print Name
Approved for form and legal sufficiency:
ciency:
Gregory S. c ropeza,Esq.
STATE OF .. v
SS:
COUNTY CIF "w r e t'.)
The foregoing instrument was
his
2023 b David Rice Chairman of the Mono acknowledgedC un before Comprehensive"
oe ehtensive"Plan� day A )� ,,
y � County pr Land Authority, a land
authority under section 380.0663(l), Florida Statutes. The above-named person isp ersonall Icno
..._
tome or has produced a drivers license as identification, if no e
of identification is indicated,the above-named arson is ill l ino to
Notary Pubi , SnoFlorida �
[NOTARY SEAL]
*Y Pu' DINAANN GAMBUZZA
Notary Public•State of Florida
�" Commission#Hri 424218
or °` My Comm.Expires 5ei;t 7,2027
Bonded through National Notary Assn.
Signed,sealed and delivered in the presence of GRANTEE:
Monroe County,Florida
By its Board of County Commissioners
i
J
I M yor of Mo e County
T; in Madok,Clerk Monroe County Attorney's Office
Approved for form and legal sufficiency
Ad
As Deputy Clerk.of Circuit Court Cynthia L.Hall, Sr.Assistant County Attorney
EXHIBIT A
INITIAL EASEMENT PROPERTY
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 comer 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 894725"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 8904725"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 894 725" 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 894 725" 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 sea]of the signing Florida licensed Surveyor and
Mapper. The seal appearing on this document was authorized by Max Raines, Florida PSM No. 6458 on 1211512023. The
electronic seal is in conformance with FAC 5J-1 7,062(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 fine 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 ma��qr, ,Piy,,this firm.
R A 410
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THIS IS NUT SURVEY FLORIDA FIR '918WL 6 VEYOR AND MAPPER
FES
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 DATE BY DESCRIPTION 66 South, Range 29 East, Monroe County REVISION
DRAWN BY MR CHKC BY
WSP USA ENVIRONMENT & INFRASTRUCTURE, INC. DATE -11i](i2U23 DATE 1/13/20,23.............
550 Northlake Boutevard,Suite 1000
Altamonte Springs,FL 32701 USA JOB Na. SCALE: SH
Phone:(407)522-7570 6007726 N/A
OF.............
www.wsp.corr, ...................................................
Certificate of Authorization Number LB-0007932 DRAWING NAME:600772x5-Canal 278 Big Pine Well.dwg
CA.
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Lot 6
S 8904725" E
A 10.00,
NW corner of Lot 5
. .. ........lot line
85'(per plat)
N 00012'35"E
10.00,
Lu
S 8904725" E 75,00'
V- Initial Easement
waft so
C5 Q N 8904725" IN 75.00'
LU W Z
C14 04 POB Lot 5, Block 18
of ry
Initial Eden Pines Colony
C6 C15
Easement Plat Book 4, Page 158
Monroe County,Florida.
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10.00,
lot line
POC
SW corner of Lot 5
25.0'
GRAPHIC SCALE
N 8904725" W
10.00,
Ic
1 inch Lot 4 20 feet
LEGEND
I.cn
POB = POINT OF BEGINNING
POC = POINT OF COMMENCEMENT
R XX
THIS IS NOT SURVEY T XX E= RANGE XX S= TOWNSHIP EAST
XX SOUTH
PROJECT FITLE
Sketch of Description
a portion of Lot 5, Block 18, Eden Pines Colony, Plat Book 4, Page 158
"E BY SCR
Section 15, Township 66 South, Range 29 East, Monroe County DA 1 DE IPTIONREVISI 0 N
DRAWN BY MR_ CHKD BY
WSP USA ENVIRONMENT & INFRASTRUCTURE, INC. DAI-E 11/17/2023 1 DATE .111,31(23
550 Northlake Boulevard,Suite 1000
Altamonte Springs,FL 32701 USA JOB No. SCALE: SH 1, 2"
Phone:(407)522--7,1570 6007724 1 inch=20,feet 2,
"v`wwn.,'WSP,coo
,,.n Number LB-0007932 DRAWING NAMF 600772x5-Canal 278 B e d
Ccrtifia3teofA 0 ig Pin Well. wq
EXHIBIT B
FINAL EASEMENT PROPERTY
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 comer 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 89'4 7,25"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 net 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 Max Ramos, Florida PSM No. 6458 on 1211512023. 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 ma��qr, ,Py,,this firm.
A
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52
S T F
FLORID
019
FLO I FE VEYOR AND MAPPER
THIS IS NOTA SURVEY
LICENSE NO.LS 6458
PROJECT TITLE: Sketch of Description
a portion of Lot 5, Block 18, Eden Pines Colony, Plat Book 4, Page 158 [DATE BY D I E 1 S 1 CRIPTION
Section 15, Township 66 South, Range 29 East, Monroe County RBV�§eON-
CRAM BY MR CHKD BY CBG_
WSP USA ENVIRONMENT & INFRASTRUCTURE, INC. DATE 11/17/2023 DATE 1/1N2023
550 Northlake Bourevard,Suite 1000
Altamonte Springs,F"L 32701 USA JOB No. SCALL: Ghf I
Phone:(407)5292-7570 60,0,772Y,5 N/A OF............2
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Certificate of Audvazahor NumberLB-00079,32 DRAWING NAME 600772x5-CanaV 278 Big Pme Well.dwg
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Lot 6
NW corner of Lot 5
lot line
85'(per plat)
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S 8904725" E 85.00'
Final Easement
N 8904725" IN 85.00'
LIJ Uj z
M M POB Lot 5,Block 18
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rr cr. to
Final Eden Pines Colony
Easement Plat Book 4, Page 158
Monroe County,Florida. M
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z
0 0
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lot line
POC
SW corner of Lot 5
25,0'
GRAPHIC SCALE
0 W 20
I inch 20 feet
0
i:5 Lot 4 LEGEND
POB = POINT OF BEGINNING
POC, = POINT OF COMMENCEMENT
R XX E= RANGE XX EAST
THIS IS NOTA SURVEY
T XX S= TOWNSHIP XX SOUTH
PROJECT Tt`tLE
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 DAI E REVI SIO 11 N By DES CRt PTION
DRAWN BY MR CHKD BY CBG
WSP USA ENVIRONMENT & INFRASTRUCTURE, INC. Ar 111120 DATA 111312,7f 23 023
550 Northfake Boulevard,Suite 1000
Altamonte Springs,FL 32701 USA JOB No, SCALE: SH I 2
Phone:(407)522 7570 W,0772& 1 inch 20 feet OF _2
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Certificate of Authwowrdawsfion Nu('ribei L.B.0007932 DRAWING NAME:600772x5-carat 278 Big Force Wofl.dwg