05/18/1994 Agreement
1!lannp lL. l&olbage
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
M E M 0 RAN DUM
To:
Randy Ludacer,
County Attorney
Isabel C. DeSantis, Deputy Clerk
~.
~~.
From:
Date:
June 3, 1994
================================================================
As you know, at the May 18, 1994 meeting, the Board granted
approval and authorized execution of the following:
Easement between Monroe County and the Board of Trustees of
the Internal Improvement Trust Fund of the state of Florida, for
a sewage treatment plant at the new Marathon Government Center,
Easement, No. 29261.
Easement between Monroe County and the Methodist Community
Church of Marathon, for a 911 Cable Easement.
Attached for handling and follow-through by your office with
the appropriate Grantors, are two duplicate originals of each
document. Please be sure that one fully-executed copy of each is
returned to this office as quickly as possible.
Should you have any questions concerning the above, please
feel free to contact me.
cc: County Administrator
Finance
,/tile
OAE8101
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
OF THE STATE OF FLORIDA
EASEMENT
Easement No. 29261
THIS INDENTURE, made and entered into this
day of
, 19____, between the BOARD OF TRUSTEES OF THE
INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, acting
pursuant to its authority set forth in Section 253.03, Florida
Statutes, hereinafter referred to as "GRANTOR", and MONROE
COUNTY, hereinafter referred to as "GRANTEE".
WHEREAS, GRANTOR is the owner of the hereinafter described
real property, which is managed by the State of Florida
Department of Management Services under Lease No. 3804; and
,
WHEREAS, GRANTEE desires an easement across the hereinafter
described real property for purposes of ingress/egress; and
WHEREAS, the managing agency has agreed to the proposed use
of this land under this instrument.
NOW THEREFORE, GRANTOR, for and in consideration of mutual
covenants and agreements hereinafter contained, has granted, and
by these presents does grant, a non-exclusive easement unto
GRANTEE over and across the following described real property in
Monroe County, Florida, to-wit:
(See Exhibit "A" Attached)
subject to the following terms and conditions:
1. DELEGATIONS OF AUTHORITY: GRANTOR'S responsibilities
and obligations herein shall be exercised by the Division of
State Lands, Department of Environmental Protection.
2. ~: The term of this easement shall be for a period
of fifty (50) years commencing on
and
ending on
, unless sooner terminated
pursuant to the provisions of this easement.
3. USE OF PROPERTY AND UNDUE WASTE: This easement shall
be limited to ingress/egress upon and across the property
described in Exhibit "A" during the term of this easement. This
easement shall be non-exclusive. GRANTOR, retains the right to
Page 1 of 8
Easement No. 29261
engage in any activities on, over, across or below the easement
area which do not unreasonably interfere with GRANTEE'S exercise
of this easement and further retains the right to grant
compatible uses to third parties during the term of this
easement.
GRANTEE shall dispose of, to the satisfaction of GRANTOR,
all brush and refuse resulting from the clearing of the land for
the uses authorized hereunder. If timber is removed in
connection with clearing this easement, the net proceeds derived
from the sale of such timber shall accrue to GRANTOR. GRANTEE
shall take all reasonable precautions to control soil erosion and
to prevent any other degradation of the real property described
in Exhibit "A" during the term of this easement. GRANTEE shall
not remove water from any source on this easement including, but
,
not limited to, a water course, reservoir, spring, or well,
without the prior written approval of GRANTOR. GRANTEE shall
clear, remove and pick up all debris including, but not limited
to, containers, papers, discarded tools and trash foreign to the
work locations and dispose of the same in a satisfactory manner
as to leave the work locations clean and free of any such debris.
GRANTEE shall not dispose of any contaminants including, but not
limited to, hazardous or toxic substances, chemicals or other
agents produced or used in GRANTEE'S operations, on this easement
or on any adjacent state land or in any manner not permitted by
law.
Upon termination or expiration of this easement GRANTEE
shall restore the lands over which this easement is granted to
sUbstantially the same condition as existed on the effective date
of this easement. GRANTEE agrees that upon termination of this
easement all authorization granted hereunder shall cease and
terminate.
If the lands described in Exhibit "A" are under lease to
another agency, GRANTEE shall obtain the consent of such agency
prior to engaging in any use of the real property authorized
herein.
Page 2 of 8
Easement No. 29261
~
J:.
.~.
~
4. ASSIGNMENT: This easement shall not be assigned in
whole or in part without the prior written consent of GRANTOR.
Any assignment made either in whole or in part without the prior
written consent of GRANTOR shall be void and without legal
effect.
5. RIGHT OF INSPECTION: GRANTOR or its duly authorized
agents, representatives or employees shall have the right at any
and all times to inspect this easement and the works of GRANTEE
in any matter pertaining to this easement.
6. NON-DISCRIMINATION: GRANTEE shall not discriminate
against any individual because of that individual's race, color,
religion, sex, national origin, age, handicaps, or marital status
with respect to any activity occurring within this easement or
upon lands adjacent to and used as an adjunct of this easement.
7. LIABILITY: Each party is responsible for all personal
injury and property damage attributable to the negligent acts or
omissions of that party and the officers, employees and agents
thereof. Nothing herein shall be construed as an indemnity or a
waver of sovereign immunity enjoyed by any party hereto, as
provided in section 768.28, Florida Statutes, as amended from
time to time, or any other law providing limitations on claims.
8. COMPLIANCE WITH LAWS: GRANTEE agrees that this
easement is contingent upon and subject to GRANTEE Obtaining all
applicable permits and complying with all applicable permits,
regulations, ordinances, rules, and laws of the State of Florida
or the United States or of any political subdivision or agency of
either.
9. ARCHAEOLOGICAL AND HISTORIC SITES: Execution of this
easement in no way affects any of the parties' obligations
pursuant to Chapter 267, Florida Statutes. The collection of
artifacts or the disturbance of archaeological and historic sites
on state-owned lands is prohibited unless prior authorization has
been obtained from the Department of State, Division of
Historical Resources.
10. PROHIBITIONS AGAINST LIENS OR OTHER ENCUMBRANCES: Fee
title to the lands underlying this easement is held by GRANTOR.
Page 3 of 8
Easement No. 29261
GRANTEE shall not do or permit anything to be done which purports
to create a lien or encumbrance of any nature against the real
property of GRANTOR including, but not limited to, mortgages or
construction liens against the real property described in Exhibit
A or against any interest of GRANTOR therein.
11. PARTIAL INVALIDITY: If any term, covenant, condition
or provision of this easement shall be ruled by a court of
competent jurisdiction to be invalid, void, or unenforceable, the
remainder shall remain in full force and effect and shall in no
way be affected, impaired or invalidated.
12. SOVEREIGNTY SUBMERGED LANDS: This easement does not
authorize the use of any lands located waterward of the mean or
ordinary high water line of any lake, river, stream, creek, bay,
estuary, or other water body or the waters or the air space
,
thereabove.
13. DUPLICATE ORIGINALS: This easement is executed in
duplicate originals each of which shall be considered an original
for all purposes.
14. ENTIRE UNDERSTANDING: This easement sets forth the
entire understanding between the parties and shall only be
amended with the prior written approval of GRANTOR.
15. ~: Time is expressly declared to be of the essence
of this easement.
16. RIGHT OF AUDIT: GRANTEE shall make available to
GRANTOR all financial and other records relating to this easement
and GRANTOR shall have the right to audit such records at any
reasonable time during the term of this easement. This right
shall be continuous until this easement expires or is terminated.
This easement may be terminated by GRANTOR should GRANTEE fail to
allow public access to all documents, papers, letters or other
materials made or received in conjunction with this easement,
pursuant to Chapter 119, Florida Statutes.
17. PAYMENT OF TAXES AND ASSESSMENTS: GRANTEE shall assume
full responsibility for and shall pay all liabilities that accrue
to the easement area or to the improvements thereon including any
and all drainage and special assessments or taxes of every kind
Page 4 of 8
Easement No. 29261
and all mechanic's or materialman's liens which may be hereafter
lawfully assessed and levied against this easement.
18. AUTOMATIC REVERSION: This easement is subject to an
automatic termination and reversion to GRANTOR when, in the
opinion of GRANTOR, this easement is not used for the purposes
outlined herein, and any costs or expenses arising out of the
i.ple.entation of this clause shall be borne completely, wholly
and entirely by GRANTEE, including attorneys fees.
19. GOVERNING LAW: This easement shall be governed by and
interpreted according to the laws of the State of Florida.
20. SECTION CAPTIONS: Articles, subsections and other
captions contained in this easement are for reference purposes
only and are in no way intended to describe, interpret, define or
limit the scope, extent or intent of this easement or any
provisions thereof.
IN WITNESS WHEREOF, the parties have caused this easement to
be executed the day and year first above written.
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE
STATE OF FLORIDA
Print/Type Witness Name
By: (SEAL)
PLANNING MANAGER, BUREAU OF
LAND MANAGEMENT SERVICES,
DIVISION OF STATE LANDS,
DEPARTMENT OF ENVIRONMENTAL
PROTECTION
Witness
witness
Print/Type Witness Name
"GRANTOR"
STATE OF FLORIDA
COUNTY OF LEON
The foregoing instrument was acknowledged before me this
_____ day of , 19___, by Gloria C. Nelson, as
Planning Manager, Bureau of Land Management Services, Division of
State Lands, Department of Environmental Protection, who is/are
personally known to me and who did/(did not) take an oath.
Notary Public, State of Florida
(SEAL)
Print/Type Notary Name
Commission Number
My Commission Expires:
Approved as to Form and Legality
By:
DEP Attorney
Page 5 of 8
Eas..ent No. 29261
fi
IN WITNESS WHEREOF, the GRANTEE has caused these presents to
be executed in its name by its Board of County Commissioners
acting by the Chairman or Vice Chairman of said Board on the
\<6~ day of ~ ' 1994.
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
By11~ t. ft!:I~
eputy e
,
/,7:',!~~?<~..T~ ~A// .-#!
~~
, -----1jd-2J-t"L---.
Page 6 of 8
Easement No. 29261
><
'r'.,
<i
:'~, 'it
ti
EXHIBIT "A"
LEGAL DESCRIPTION OF THE EASEMENT
LEGAL DESCRJ:PTJ:ON: EASEMENT AREA
PARCEL "B"
SITUATED IN THE COUNTY OF MONROE, STATE OF FLORIDA AND KNOWN AS
BEING A PART OF GOVERNMENT LOT 1, SECTION 9, TOWNSHIP 66 SOUTH,
RANGE 32 EAST ON KEY VACA AND FURTHER KNOWN AS BEING ALL OF THAT
LAND ON SAID KEY VACA DESCRIBED IN OFFICIAL RECORD BOOK 835, PAGE
2235 OF MONROE COUNTY, FLORIDA DEED RECORDS WHICH EXISTS ABOVE
THE MEAN HIGH WATER LINE LOCATED UPON THE NATURAL FLORIDA BAY
SHORE OF KEY VACA, AND BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS:
COMMENCING ON THE CENTERLINE OF U.S. HIGHWAY NO. 1 AT ITS
INTERSECTION WITH THE WEST LINE OF GOVERNMENT LOT 1, SECTION 9,
TOWNSHIP 66 SOUTH, RANGE 32 EAST, BEAR NORTH 74 DEGREES, 21
MINUTES, 20 SECONDS EAST ALONG THE CENTERLINE OF SAID U.S.
HIGHWAY NO.1, 2093.46 FEET TO ITS INTERSECTION WITH THE
SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF LAND DESCRIBED IN
OFFICIAL RECORD BOOK 835, PAGE 2235 OF MONROE COUNTY, FLORIDA
DEED RECORDS; THENCE BEAR NORTH 15 DEGREES, 38 MINUTES, 40
SECONDS WEST ALONG SAID PROLONGATION 464.52 FEET TO A POINT ON
THE NORTHWESTERLY RIGHT-OF-WAY LINE OF OLD STATE HIGHWAY NO.4-A,
SAID POINT BEING THE SOUTHEASTERLY CORNER OF LAND DESCRIBED IN
SAID OFFICIAL RECORD BOOK 835, PAGE 2235 OF MONROE COUNTY,
FLORIDA DEED RECORDS AND POINT OF BEGINNING OF THE LAND HEREIN
INTENDED TO BE DESCRIBED; FROM SAID POINT OF BEGINNING CONTINUE
BEARING NORTH 15 DEGREES, 38 MINUTES, 40 SECONDS WEST ALONG THE
SAID EASTERLY LINE OF LAND DESCRIBED IN SAID OFFICIAL RECORD BOOK
835, PAGE 2235, 498.11 FEET TO ITS INTERSECTION WITH THE MEAN
HIGH WATER LINE LOCATED WITHIN THE FLORIDA BAY SHORE OF KEY VACA;
THENCE MEANDER SAID MEAN HIGH WATER LINE IN A GENERALLY WESTERLY
DIRECTION ON THE FOLLOWING DESCRIPTIVE COURSES, BEARING FIRST
SOUTH 23 DEGREES, 43 MINUTES, 53.3 SECONDS WEST 11.796 FEET;
THENCE SOUTH 14 DEGREES, 26 MINUTES, 18.5 SECONDS EAST 6.864
FEET; THENCE SOUTH 17 DEGREES, 24 MINUTES, 33.5 SECONDS WEST
17.999 FEET; THENCE SOUTH 41 DEGREES, 11 MINUTES, 35.4 SECONDS
WEST 10.131 FEET; THENCE SOUTH 03 DEGREES, 04 MINUTES, 47.6
SECONDS WEST 16.000 FEET; THENCE SOUTH 56 DEGREES, 47 MINUTES,
16.9 SECONDS WEST 19.877 FEET; THENCE SOUTH 23 DEGREES, 02
MINUTES, 34.3 SECONDS EAST 9.899 FEET; THENCE SOUTH 64 DEGREES,
46 MINUTES, 26.4 SECONDS EAST 8.440 FEET; THENCE SOUTH 09
DEGREES, 05 MINUTES 40.3 SECONDS WEST 4.542 FEET; THENCE SOUTH 46
DEGREES, 53 MINUTES, 00.0 SECONDS EAST 16.383 FEET; THENCE SOUTH
42 DEGREES, 27 MINUTES, 55.6 SECONDS WEST 3.012 FEET; THENCE
SOUTH 62 DEGREES, 03 MINUTES, 26.1 SECONDS EAST 11.023 FEET;
THENCE SOU1~~2 DEGREES, 37 MINUTES, 25.1 SECONDS EAST 15.567
FEET; THEN~~^~6 DEGREES, 31 MINUTES, 28.0 SECONDS EAST 23.159
FEET; THENCE SOUTH 25 DEGREES, 55 MINUTES, 00.3 SECONDS EAST
19.341 FEET; THENCE SOUTH 10 DEGREES, 30 MINUTES, 15.5 SECONDS
EAST 17.154 FEET; THENCE SOUTH 05 DEGREES, 12 MINUTES, 28.7
SECONDS EAST 23.684 FEET; THENCE SOUTH 66 DEGREES, 51 MINUTES,
33.4 SECONDS WEST 23.420 FEET; THENCE SOUTH 82 DEGREES, 45
MINUTES, 14.1 SECONDS WEST 17.817 FEET; THENCE SOUTH 40 DEGREES,
27 MINUTES, 18.3 SECONDS WEST 27.726 FEET; THENCE SOUTH 80
DEGREES, 24 MINUTES, 20.4 SECONDS WEST 11.204 FEET; THENCE SOUTH
46 DEGREES, 51 MINUTES, 30.0 SECONDS WEST 11.673 FEET; THENCE
NORTH 80 DEGREES, 02 MINUTES, 00.2 SECONDS WEST 6.199 FEET;
THENCE SOUTH 33 DEGREES, 07 MINUTES, 38.5 SECONDS WEST 10.633
FEET; THENCE SOUTH 78 DEGREES, 10 MINUTES, 42.3 SECONDS WEST
17.320 FEET; THENCE NORTH 45 DEGREES, 30 MINUTES, 01.7 SECONDS
WEST 6.634 FEET; THENCE SOUTH 71 DEGREES, 06 MINUTES, 52.9
SECONDS WEST 5.441 FEET; THENCE NORTH 43 DEGREES, 10 MINUTES,
Page 7 of 8
Easement No. 29261
'.
".
06.8 SECONDS WEST 11.087 FEET; THENCE NORTH 86 DEGREES 55
MINUTES, 25.8 SECONDS WEST 9.952 FEET; THENCE SOUTH 18 DEGREES,
45 MINUTES, 29.0 SECONDS WEST 3.745 FEET; THENCE SOUTH 89
DEGREES, 19 MINUTES, 37.9 SECONDS WEST 7.347 FEET; THENCE SOUTH
48 DEGREES, 02 MINUTES, 48.1 SECONDS WEST 15.473 FEET; THENCE
NORTH 88 DEGREES, 01 MINUTES, 55.6 SECONDS WEST 12.121 FEET;
THENCE SOUTH 45 DEGREES, 58 MINUTES, 38.5 SECONDS WEST 3.941
FEET; THENCE NORTH 67 DEGREES, 38 MINUTES, 53.6 SECONDS WEST
6.978 FEET; THENCE SOUTH 55 DEGREES, 19 MINUTES, 35.7 SECONDS
WEST 16.504 FEET; THENCE NORTH 43 DEGREES, 23 MINUTES, 40.9
SECONDS WEST 9.660 FEET; THENCE SOUTH 18 DEGREES, 21 MINUTES,
21.1 SECONDS WEST 6.176 FEET; THENCE NORTH 82 DEGREES, 05
MINUTES, 59.8 SECONDS WEST 8.727 FEET; THENCE SOUTH 60 DEGREES,
48 MINUTES, 38.6 SECONDS WEST 7.301 FEET; THENCE SOUTH 17
DEGREES, 05 MINUTES, 04.2 SECONDS WEST 10.759 FEET; THENCE SOUTH
85 DEGREES, 53 MINUTES, 17.5 SECONDS WEST 5.379 FEET; THENCE
SOUTH 45 DEGREES, 37 MINUTES, 23.7 SECONDS WEST 2.124 FEET; TO
THE INTERSECTION OF SAID MEAN HIGH WATER LINE WITH THE WESTERLY
LINE OF LAND DESCRIBED IN SAID OFFICIAL RECORD BOOK 835, PAGE
2235, SAID WESTERLY LINE BEING ALSO THE MOST EASTERLY LINE OF
THOSE LANDS ON KEY VACA DESCRIBED IN OFFICIAL RECORD BOOK 839 AT
PAGE 367 OF MONROE COUNTY, FLORIDA DEED RECORDS; THENCE BEAR
SOUTH 19 DEGREES, 18 MINUTES, 40 SECONDS EAST ALONG THE SAID
WESTERLY LINE OF THOSE LANDS DESCRIBED IN OFFICIAL RECORD BOOK
835, PAGE 2235, 396.62 FEET TO A POINT ON THE SAID NORTHWESTERLY
RIGHT-OF-WAY LINE OF OLD STATE HIGHWAY NO.4-A; THENCE BEAR NORTH
45 DEGREES, 38 MINUTES, 20 SECONDS EAST ALONG THE SAID
NORTHWESTERLY RIGHT-OF-WAY LINE OF OLD STATE HIGHWAY NO.4-A,
85.05 FEET TO A POINT OF CURVATURE THEREIN; THENCE CONTINUE
NORTHEASTERLY ALONG SAID RIGHT-OF-WAY LINE ON THE ARC OF A CURVE
DEFLECTING TO THE RIGHT 164.33 FEET, SAID CURVE HAVING A RADIUS
OF 913.26 FEET, THE CHORD OF WHICH BEARS NORTH 50 DEGREES, 47
MINUTES, 40 SECONDS EAST 164.10 FEET BACK TO THE POINT OF
BEGINNING AND CONTAINING 1.99739 ACRES OF LAND ABOVE THE MEAN
HIGH WATER LINE LOCATED UPON THE NATURAL FLORIDA BAY SHORE OF KEY
VACA.
Page 8 of 8
Easement No. 29261
."r