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HomeMy WebLinkAboutGrant of Easement 02/18/2026 Doc#2535926 Bk#3371 Pg#768 Recorded 317`2026 9:33 AM Page lof5 Deed Doc Stamp S0-00 Prepared by and Return to: Filed and Recorded in Official Records of Nick Batty,Esq. MONROE COUNTY NEVLN MADOIC,CPA 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 18th day of February 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 1 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. 2 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 V*day of�--*rua 1 2026. MONROE COUNTY,FLORIDA EVIN MADOK A Politil n tofe State of Florida By: IV s Deputy Clerk Mayor Michelle Lincoln .... ...... ,�ONROE C(XJNTY AT-TMOIRNEY �'A PFIME, FORM ADG — M TTO PEDF(O MAN ASSISI^", tSTVRYPA FINEY 2Z2j26 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 01°33'05"W CONTINUING ALONG SAID EAST BOUNDARY LINE OF PARCEL 46 FOR A DISTANCE OF 27.16 FEET TO A POINT; THENCE N84°26'47"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 S81015'59"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. 4 g lag x via g gee ry K z Eli Flu ivy WHN�� A W��p dj TIH R a Ir P 9 1 N 1 lie: UN 5 1 w R: Hil ,111 1 E X 82 2 .p 9 Rry E 2� LLU 0 l signs I IBM Tn ...... loft. a pp Q S 1 a v rtl MH 1 MH R U Y 10 all too ti � `�' �u"y n �" � ��M11 MUM e ca" V Q a T 2 3 t lulls i I p 1 2, IOU pq 95. W HIM 1 p LU . .. .... w%s LLJ z z Egg rr imp Xl,�'N V" �,'I m.•^1�q'rt Jyr go W :k �41 7, if �111111.................. ......................... .................. lu..................