HomeMy WebLinkAboutItem Q05COUNTY of MONROE
The Florida Keys
BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Lincoln, District 2
Mayor Pro Tem David Rice, District 4
Craig Cates, District 1
James K. Scholl, District 3
Holly Merrill Raschein, District 5
Regular Meeting
February 18, 2026
Agenda Item Number: Q5
26-0413
BULK ITEM: Yes DEPARTMENT: County Attorney
TIME APPROXIMATE: N/A STAFF CONTACT: Pedro Mercado
AGENDA ITEM WORDING: Approval of a grant of Utility Easement to the Utility Board of the
City of Key West, Florida d/b/a Keys Energy.
ITEM BACKGROUND: On June 18, 2025 Monroe County entered into an Interlocal Agreement
with Keys Energy Services for the purposes of providing the Key West International Airport (airport)
with a secondary (redundant) electric services feed line to ensure that the airport had a redundant
electric source in the event of an emergency. The above ground redundant feeder line will be installed
to the north of South Roosevelt Boulevard along the bridal path. With the installation of the redundant
feeder line the airport will have the ability to be fed electricity via two separate lines originating from
2 different substations. The utility easement grants Keys Energy the authority to install the redundant
line along the bridal path on property that is within the boundaries of the airport.
PREVIOUS RELEVANT BOCC ACTION: Approved the Interlocal Agreement with Keys Energy
Services to provide for the engineering and construction of the redundant feeder line by Keys Energy
Services at the June 18, 2025 regularly scheduled board meeting.
INSURANCE REQUIRED: No
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATION Approval
DOCUMENTATION: KWIA — KEYS Bridal path Airport Easement w legal description; KWIA-
KEYS Bridal path Airport Easement Exhibit A (sketch)
FINANCIAL IMPACT: N/A
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Q5. Approval of a grant of Utility Easement to the Utility Board of the City of Key West,
Florida d/b/a Keys Energy.
Prepared by and Return to:
Nick Batty, Esq.
Director of Legal and Regulatory Services
Keys Energy Services
1001 James Street
Key West, FL 33040
GRANT OF EASEMENT
THIS GRANT OF EASEMENT (the "Agreement") is entered into this day of 2026 by
and between MONROE COUNTY, FLORIDA a political subdivision of the State of Florida, having a mailing address of
530 Whitehead Street, Key West, Florida 33040 (herein referred to as "Grantor"), and THE UTILITY BOARD OF THE
CITY OF KEY WEST, FLORIDA, d/b/a Keys Energy, a municipal utility, having a mailing address of 1001 James Street,
Key West, FL 33040 ("KEYS" or "Grantee").
WHEREAS, Grantor is the owner of certain real property (the "Property") located on S. Roosevelt Boulevard,
on the island of Key West in Monroe County, Florida; 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 from time to time
upon, over and/or under the Property (the "Infrastructure"); 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 portion of the Property legally described on Exhibit "A" attached
hereto and incorporated herein (the "Easement Area"), together with a reasonable right of ingress and egress
sufficient 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.
2. The foregoing recitals are true and correct and are incorporated herein by reference.
3. Grantor hereby grants to KEYS a perpetual non-exclusive easement under, over, across and upon the
Easement Area for public utility and communications purposes.
4. KEYS shall have the right to construct, reconstruct, lay, install, operate, maintain, relocate, repair, replace,
improve, remove, and inspect the Infrastructure and all appurtenances thereto within the Easement Area
and shall have full right of ingress and egress thereto and therefrom.
5. Grantor shall furnish and maintain the Easement Area free of and clear from any obstruction which would
interfere with KEYS' rights hereunder, and shall not construct, place, or allow the placing or construction of
any obstruction within the Easement Area 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 likely to cause a dangerous
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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
Easement Area from time to time.
7. Grantor shall have the right to make any other use of the Easement Area which does not interfere with the
rights of KEYS hereunder.
8. Grantee acknowledges that this grant of easement is for property situated within the boundaries of Key
West International Airport, therefore Grantee:
(i) Shall not permit any maintenance or construction equipment which would encroach into
restricted airspace of clear zones, approach slopes, runway and taxiway, or safety areas to enter
upon or be used upon lands of the Grantor without such prior approval; provided, however, that
such prior approval shall not be necessary when an emergency condition exists and immediate
action by the Grantee is necessary to protect the public health. When an emergency situation
exists, the ingress and egress of the Grantee, its lessees or assigns, will be coordinated with the
airport management.
(ii) Shall not construct nor permit to stand above ground level on said easement any building,
structure, poles or other objects, manmade or natural, to a height in excess of Federal Aviation
Regulation (FAR) Part 77 surfaces, based upon current runways or future runways which may be
constructed.
(iii) When applicable, shall file a notice consistent with the requirements of FAR Part 77 (FAA Form No.
7460-1) prior to constructing any maintenance or improvement within said easement.
(iv) At such time in the future as deemed necessary by Grantor, Grantor may enter and construct
airport improvements (runways, taxiways, extensions, associated lighting, etc.) upon said
easement provided notice is given to Grantee at least 120 days prior to the start of construction.
Should such development become necessary, Grantor agrees to pay all costs associated with the
protection or relocation of Grantee's facilities to accommodate said airport improvements.
9. All covenants, stipulations, terms, conditions, and provisions of this Agreement shall extend to and be made
binding upon the future owners of the Easement Area 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, KEYS shall
record this Agreement in the Official Records of Monroe County at KEYS' expense, and shall promptly
provide proof of such recording to Grantor.
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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.
13. Nothing herein shall constitute a waiver of Grantor's or KEYS' sovereign immunity pursuant to applicable
law.
14. 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.
IN WITNESS WHEREOF, the Grantor has hereunto set its hand and seal this day of 12026.
SEAL MONROE COUNTY, FLORIDA
ATTEST: KEVIN MADOK A Political Subdivision of the State of Florida
By:
By:
As Deputy Clerk Mayor Michelle Lincoln
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EXHIBIT "A"
A UTILITY EASEMENT LOCATED ACROSS A PORTION OF U.S. GOVERNMENT TRACT
AS SHOWN ON PART OF LANDS FORMERLY OWNED BY KEY WEST IMPROVEMENT,
INC. ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 4, AT PAGE
69, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA, LYING AND BEING IN
SECTION 4, TOWNSHIP 68 SOUTH, RANGE 25 EAST, MONROE COUNTY, FLORIDA,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF PARCEL 46 OF SAID PLAT OF PART
OF LANDS FORMERLY OWNED BY KEY WEST IMPROVEMENT, INC.; THENCE
N01033'05"W ALONG THE EAST BOUNDARY LINE OF SAID PARCEL 46 FOR A
DISTANCE OF 18.14 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF
SOUTH ROOSEVELT BOULEVARD AS EXISTING ON AUGUST 29, 2025, SAID POINT
BEING THE POINT OF BEGINNING; THENCE N01°33'05"W CONTINUING ALONG SAID
EAST BOUNDARY LINE OF PARCEL 46 FOR A DISTANCE OF 27.16 FEET TO A POINT;
THENCE N84026'47"E FOR A DISTANCE OF 100.24 FEET TO A POINT ON THE WEST
BOUNDARY LINE OF TRACT 47 OF PLAT OF SURVEY OF LANDS ON ISLAND OF KEY
WEST, MONROE COUNTY, FLORIDA, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 3, AT PAGE 35, OF THE PUBLIC RECORDS OF MONROE
COUNTY, FLORIDA; THENCE S01°33'05"E ALONG SAID WEST BOUNDARY LINE OF
TRACT 47 FOR A DISTANCE OF 21.66 FEET TO A POINT ON THE NORTHERLY RIGHT-
OF-WAY LINE OF SOUTH ROOSEVELT BOULEVARD AS EXISTING ON AUGUST 29,
2025, SAID POINT BEING ON A CIRCULAR CURVE CONCAVE TO THE SOUTHWEST,
HAVING A CHORD BEARING OF S81029'05"W AND A CHORD LENGTH OF 26.52 FEET;
THENCE SOUTHWESTERLY ALONG THE SAID NORTHERLY RIGHT-OF-WAY LINE OF
SOUTH ROOSEVELT BOULEVARD AS EXISTING ON AUGUST 29, 2025 ALONG THE
ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 3,480.87 FEET AND A
CENTRAL ANGLE OF 00026'12" FOR A DISTANCE OF 26.52 FEET TO THE POINT OF
TANGENCY; THENCE S81°15'59"W CONTINUING ALONG SAID NORTHERLY RIGHT-
OF-WAY LINE OF SOUTH ROOSEVELT BOULEVARD AS EXISTING ON AUGUST 29 FOR
A DISTANCE OF 74.26 FEET BACK TO THE POINT OF BEGINNING. SAID UTILITY
EASEMENT CONTAINS 2,436.91 SQUARE FEET OR 0.06 ACRES, MORE OR LESS.
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