Resolution 354-1990
P.ESOLUTION NO. J54 -1999
A RESOLUTION OF THE BOARD OF COUNTY
COMHISSIONERS OF MONROE COUNTY, FLORIDA,
REQUESTING THE DEPARTMENT OF NATURAL
RESOURCES TO GRANT AN EASEMENT ON CROSS BIG
PINE KEY ACCESS ROAD.
WHEREAS, on March 2, 1988, the Department of Natural
Resources issued a Notice of Violation and Order for Corrective
Action pertaining to illegal clearing, grading, and filling of a
twenty (25) foot by forty (40) foot by forty-seven (47) foot
parcel of sovereignty land on Cross Big Pine Key Access Road, and
WHEREAS, the County requested an easement in March, 1988, as
an alternate resolution to the Notice of Violation, and
WHEREAS, at that time the County was involved in litigation
with the Florida Department of Community Affairs concerning the
Big Pine Key Access Road, and
WHEREAS, it is the Division of State Lands policy to place
matters on the trustees agenda only after the conclusion of
litigation, and
WHEREAS, the Department of Natural Resources agreed to stay
enforcement of the Notice of Violation and Order for Corrective
Action pertaining to illegal clearing, grading and filling, and
WHEREAS, the litigation with the Department of Community
Affairs has been concluded, with an order in the County's favor,
and
WHEREAS, such request must be by formal resolution submitted
for presentation to the trustees, and
WHEREAS, the easement is needed by Monroe County so that it
can properly maintain a roadway that in its present condition can
barely be transversed by local residents who cross it, and
WHERAS, there is a public benefit to the residents of Monroe
County who need to travel on this roadway, now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
~ction 1.
That the Board hereby requests that the
Department of Natural Resources grant an easement to Monroe
County on the following described property:
Being a portion of the NE 1/4 of the NW 1/4 of the NW
1/4 of Section 26, Township 66 South, Range 29 East,
Big Pine Key, Monroe County, Florida, as described in
Official Records Book 424, Page 516 of the Public
Records of Monroe County, Florida and being more
particularly described as follows:
Begin at the Northeast corner of said NE 1/4 of the NW
1/4 of the NW 1/4 of said Section 26, thence south
along the east line of said NE 1/4 of the NW 1/4 of the
NW 1/4 for 76.92 feet to an intersection with the
northeasterly right-of-way line of State Road S-940;
thence N3l037' 41 "w along said northeasterly right-of-
way line 90.34 feet to an intersection with the north
line of said Section 26; thence east along said north
line for 47.37 feet to the Point of Beginning. Said
parcel contains 1822 square feet or 0.04 acres more or
less.
PASSED AND ADOPTED by the the Board of County Commissioners
of Monroe County, Florida,
held on the /lth
day of
at a regular meeting of said Board
J/f{~ 1990.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
/
By cft!:;~
(SEAL)
ATTEST :DANNY L. KOLHAG"S, Clerk
APPROVED AS TO FORM
ANDLEGALSUFRC$NCY.
BY'\\\~~.{ ~~'t:O\~
Attorney s Office - ,
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