Item Q09BOARD OF COUNTY CO SIGNERS
AGENDA ATEM SUAEVIARY
Meeting Date: 1 / 19/ 11 - Kw
Bulk Item: Yes X No
Division: County AttomeX
Staff Contact: Pedro Mercado, #3173
AGENDA ITEM WORDING: Approval of an Interlocal Agreement between the Navy and Monroe
County to set forth the rights, responsibilities and obligations of each party for the abandonment process
for Towhee Lane, Pelican Lane, Heron Drive, Flamingo Drive and Limkan Lane, Boca Chica Ocean
Shores subdivision, and regarding a public utility easement and access easement.
ITEM BACKGROUND: The Navy owns all but one parcel in the Boca Chica Ocean Shores
subdivision on Geiger Ivey. The one parcel in the subdivisions that is not owned by the Navy is
developed, privately owned, and serviced by a driveway which encroaches on 3 of the Navy owned
parcels. Approximately 2 years ago, the Navy approached the County" s Engineering Department about
abandoning the platted Pelican Lane, which is undeveloped right--of-way, that leads to the one
developed parcel. The Navy intends to restore the abutting parcels and the Pelican Lane right-of-way to
wetlands as part of a required mitigation project. The Engineering Department informed the Navy that
they would be required to provide an access easement to the developed parcel if Pelican Lane was
abandoned because it represents the only public access to the parcel. To the best of anyone's
knowledge, the platted Pelican Lane was never improved by either the subdivision developer or the
County. To the best of anyone's knowledge, the driveway was built at about the same time the home
was built in 1968. Beginning in the 1980's , the Navy began buying all of the re ' ' g lots in Boca
Chica Shores, however, no one involved in the sale transaction discovered the encroaching driveway
which had since become the de -facto Pelican Drive. The encroaching driveway runs roughly m an east -
west direction from Old Boca Chica Road across Navy owned parcels RE #'s 142910, 142920 and
143230, then emerges onto a portion of the platted Pelican Lane and ends at privately owned parcel #'s
143090 and 143100. As part of the County" s sewer project, the County had intended on using the "de -
facto" Pelican Lane to access parcel #'s 143 090 and 143100 until it was discovered that the driveway
was actually an encroachment. As a result, the sewer connection to the property has been postponed
pending resolution of the encroachment. The Navy cannot complete its mitigation project until the
County agrees to abandon the platted Pelican Lane, however, the County cannot abandon the platted
Pelican Lane as it serves as the only legal access to the private residence located on parcel #'s 143 090
and 143100. Nor can the County proceed with its sewer connection to the property until the issue of
access to the property is resolved.
PREVIOUS RELEVANT BOCC ACTION: None,
CONTRACTIAGREEMENTCHANGES: NIA
STAFF RECO NDATIONS: Approval.
TOTAL COST: NIA INDIRECT COST: NIA BUDGETED: NIA
DIFFERSNTLAL OF LOCAL PREFERENCE: NIA
COST TO COUNTY: NIA SOURCE OF S: NIA
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County A4� OMB/Purchasing Risk Management
DOCUMENTATION: Included x Not Required
DISPOSTT ON.
Px ised 2/05
AGENDA ITEM #
7 i
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INTERLOCAL AGREEMENT
MONROE COUNTY AND THE UNITED STATES GOVERNMENT
DEPARTMENT OF THE NAVY
This interlocal agreement is entered into this day of , 2010, pursuant to
Florida Statute chapter 163.01, by and between Monroe County, a political subdivision of the
State of Florida, (herein after "County") and the United States Government, Department of
the Navy (hereinafter "Navy") .
WHEREAS, Boca Chica Ocean Shores is a dedicated, platted subdivision in Monroe
County and recorded within plat book 05, page 49 of the official records of Monroe County;
and
WHEREAS, pursuant to Florida Statute chapter 177.081(3), all streets, alleys,
easements, rights -of ways, and public areas shown on such dedicated, platted subdivisions
are deemed to be dedicated to the public for the uses and purposes thereon stated; and
WHEREAS, the Navy owns all parcels which abut Towhee Lane, Heron Drive,
Flamingo Drive, and LimkanLane within the Boca Chica Ocean Shores Subdivision, and
WHEREAS, the Navy owns all but two remaining parcels, Lots 1 and 2 of Block 15,
which abut Pelican Lane within the Boca Chica Ocean Shores subdivision; and
and
WHEREAS, Lots 1 and 2 of Block 15, which abut Pelican Lane, are privately owned;
WHEREAS, as part of a larger mitigation project, the Navy may, at its discretion,
restore to its original, natural state portions of Boca Chica Ocean Shores subdivision which
abut Towhee Lane, Pelican Lane, Heron Drive, Flamingo Drive, and Limkan Lane as shown
on Plat Book 05, page 49 of the official records of the Monroe County; and
WHEREAS, the Navy is willing to grant Monroe County an easement to install,
service and maintain utility lines, and to provide public access to Lots 1 and 2 of Block 15,
said easement to be revocable if the County fails to grant the Navy's road abandonment
petition within one hundred eighty (180) days of last signature on this Agreement, and
WHEREAS, the utility and public access easements will cross Lots 10 and 11 of
Block 14, and Lot 15 of Block 15 (Exhibit A Legal Description and Survey), which are
owned by the Navy; and
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WHEREAS, in exchange for granting an easement to install, service and maintain
utility lines, and to provide public access to Lots 1 and 2 of Block 15, the Navy requests that
the County abandon Towhee Lane, Pelican Lane, Heron Drive, Flamingo Drive, and Lirnkan
Lane; and
WHEREAS, the County is willing to abandon Towhee Lane, Pelican Lane, Heron
Drive, Flamingo Drive, and Limkan Lane in exchange for the Navy granting Monroe County
an easement to install, service and maintain utility lines, and to provide access to Lots 1 and
2 of Block 15; and
WHEREAS, the only affected property owner, has signed a letter of "No Objection"
to the Navy's request for abandonment of Pelican Lane, and
WHEREAS, by using the public utility easement granted by the Navy, the County
will not have to install approximately 600 feet of wastewater collection line along Pelican
Lane, allowing the County to realize a substantial savings in wastewater infrastructure
construction costs; now therefore,
IN CONSIDERATION of the mutual consideration and premises set forth below, the
parties agree as follows:
1. STATEMENT OF INTENT
This purpose of this agreement is to set forth the rights, responsibilities, and
obligations of each party for the abandonment of Towhee Lane, Pelican Lane, Heron Drive,
Flamingo Drive, and Limkan Lane in the Boca Chica Ocean Shores subdivision.
I RESPONSIBILY1 OF THE NAVY
The Navy shall file a petition with all required documentation and payment of
appropriate fee(s) with Monroe County, requesting that the County abandon Towhee Lane,
Pelican Lane, Heron Drive, Flamingo Drive, and Lirnkan Lane.
The Navy shall grant Monroe County a revocable access easement and a revocable
public utility easement. The u ' 'ty and public access easements will cross Lots 10, RE #
00142910--000000, and 11, RE # 00142920--000000, of Block 14, and Lot 15, RE #
00143230--000000, of Block 15, which are owned by the Navy. If the County does not
abandon the platted streets within Boca Chica Ocean Shores Subdivision (to wit: Towhee
Lane, Pelican Lane, Heron Drive, Flamingo Drive, and Limkan Lane) within one hundred
eighty (180) days, the easements shall immediately be terminated upon written notice by the
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Navy after the expiration of 180 days cited. If the County does abandon the aforementioned
platted streets within one hundred eighty (180) days, the utility and public easements shall
become irrevocable.
3. RESPONSIEBIDLITIES OF COUNTY
The County shall process the Navy's petition for road abandonment, including the
scheduling and advertisement of hearings.
The County shall use good faith in the processing of the petition and shall not
unreasonably deny the petition for abandonment of Towhee Lane, Pelican Lane, Heron Drive,
Flamingo Drive, and Limkan Lane as shown on Plat Book 05, pages 48 and 49 of the official
records of the Monroe County.
4. CONTINGENCY
The abandonment of Towhee Lane, Pelican Lane, Heron Drive, Flamingo Drive, and
Limkan Lane by the County to the Navy is contingent on Board of County Commission
review following public and county staff input at an advertised hearing.
The conversion of revocable access easement and a revocable public utility easement
by the Navy to irrevocable easements is contingent on County approval of the abandonment
petition within one hundred and eighty (180) days.
5. INSURANCE AND HOLD HARAMESS PROVISION
5.1 Insurance. The parties to this agreement stipulate that each is a state
governmental agency as defined by Florida Statutes, and represents to the other that it has
purchased suitable Public Liability, Vehicle Liability, and workers' Compensation insurance,
or is self insured, in amounts adequate to respond to any and all claims under federal or state
actions for civil rights violations, which are not limited by Florida Statutes chapters 440 and
768.28, as well as any and all claims within the limitations of Florida Statutes chapters 440
and 768.28„ arising out of the activities governed by this agreement.
5.2 Insurance. To the extent allowed by law, each party shall be responsible for any
acts, or omissions, of negligence on the part of its employees, agents, contractors, and
subcontractors, and shall defend, indemnify, and hold the other party, its officers and
employees, agents and contractors, harmless from all claims, demands, causes of action,
losses, costs and expenses of whatever type — including costs and fees incurred from any
investigation, witness production, and legal representation - that arise out of or are
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attributable to arising out of such actions or omissions. The purchase of the insurance does
not release or vitiate either party's obligations under this paragraph.
5.3 Waiver. Notwithstanding the provisions of Florida Statutes chapter 768.28, the
participation of the County and the Navy in this Agreement and the acquisition of any
commercial liability insurance coverage, self-insurance coverage, or local government
liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of
liability coverage, nor shall any contract entered into by the County be required to contain
any provision for waiver.
6. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES
6.1 Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida.
6.2 Venue. In the event that any cause of action or administrative proceeding is
instituted for the enforcement or interpretation of this Agreement, the County and the Navy
agree that venue will he in the appropriate court or before the appropriate administrative
body in Monroe County, Florida.
6.3 Mandatory Mediation. The County and the Navy agree that, in the event of
conflicting interpretations of the terms or a term of this Agreement by or between any of
them, the issue shall be submitted to mediation prior to the institution of any other
administrative or legal proceeding. The cost of such mediation will be equally divided by the
parties. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in
accordance with the Florida Rules of Civil Procedure and usual and customary procedures
required by the circuit court of Monroe County.
7, SEVERABILITY
If any term, covenant, condition or provision of this Agreement (or the application
thereof to any circumstance or person) shall be declared invalid or unenforceable to any
extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and
provisions of this Agreement shall not be affected thereby, and each remaining term,
covenant, condition, and provision of this Agreement shall be valid and shall be enforceable
to the fullest extent permitted by law unless the enforcement of the remaining terms,
covenants, conditions, and provisions of this Agreement would prevent the accomplishment
of the original intent of this Agreement. The County and the Navy agree to reform the
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Agreement to replace any stricken provision with a valid provision that comes as close as
possible to the intent of the stricken provision.
8. BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and
inure to the benefit of the County and the Navy and their respective legal representatives,
successors, and assigns.
9. AUTHORITY
Each party represents and warrants to the other that the execution, delivery, and
performance of this Agreement have been duly authorized by all necessary County and Navy
action, as required by law.
10. CLAIM FOR FEDERAL OR STATE AID:
The County and the Navy agree that each is, and shall be, empowered to apply for,
seek, and obtain federal and state funds to further the purpose of this Agreement; provided
that all applications, requests, grant proposals, and funding solicitations shall be approved by
each party prior to submission.
11. NON-DISCREVIINATION
The County and the Navy agree that there will be no discrimination against any
person, and it is expressly understood that, upon a determination by a court of competent
jurisdiction that discrimination has occurred, this Agreement automatically terminates
without any further action on the part of either Party, effective the date of the court order.
The County and the Navy agree to comply with all Federal and Florida statutes and all local
ordinances relating to nondiscrimination, as applicable. These include, but are not limited to,
the following: (1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits
discrimination on the basis of race, color, or national origin; (2) Title IX of the Education
Amendment of 1972, as amended (20 USC ss.1681-1683, and 1685-1686), which prohibits
discrimination on the basis of sex; (3) Section 504 of the Rehabilitation Act of 1973, as
amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; (4) The
Age Discrimination Act of 1975, as amended (42 USC ss. 6101--6107) which prohibits
discrimination on the basis of age; (5) The Drug Abuse Office and Treatment Act of 1972
(PL 92--255), as amended, relating to nondiscrimination on the basis of drug abuse; (6) The
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation
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Act of 1970 (PL 91-515), as amended, relating to nondiscrimination on the basis of alcohol
abuse or alcoholism; (7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss.
590dd-3 and 290ee-3 ), as amended, relating to confidentiality of alcohol and drug abuse
patent records; (8) Title VIH of the Civil Rights Act of 1958 (42 USC s. et seq.), as amended,
relating to nondiscrimination in the sale, rental or financing of housing; (9) The Americans
with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time,
relating to nondiscrimination on the basis of disability; (10) Monroe County Code Ch. 13,
Art. VI, prohibiting discrimination on the bases of race, color, sex, religion, disability,
national origin, ancestry, sexual orientation, gender identity or expression, familial status or
age; and (11) any other nondiscrimination provisions in any Federal or Florida statutes which
may apply to either Party or the subject matter of this Agreement.
12. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
The County and the Navy agree that all disputes and disagreements shall be attempted
to be resolved by meet -and -confer sessions between representatives of each party. If no
resolution can he agreed upon within 30 days after the first meet -and -confer session, the
unresolved issue(s) shall be discussed at a public meeting of the Board of County
Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties,
then either party shall have the right to seek such relief or remedy as may be provided by this
Agreement or by Florida law. In the event any administrative or legal proceeding is
subsequently instituted against either party relating to the formation, execution, performance,
or breach of this Agreement, the County and the Navy agree to participate, to the extent
required by the other party, in all proceedings, hearings, processes, meetings, and other
activities related to the substance of this Agreement or provision of the services under this
Agreement. The County and the Navy specifically agree, however, that neither party shall be
required to enter into any arbitration proceedings related to this Agreement.
13. COVENANT OF No INTEREST
The County and the Navy covenant that neither presently has any interest, and shall
not acquire any interest, which would conflict in any manner or degree with their
performance under this Agreement and that the only interest of each is to perform and
receive benefits as recited in this Agreement.
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14. CODE OF ETHICS
14.1 County's Standard of Conduct. The County agrees that officers and employees
of the County recognize and will be required to comply with the standards of conduct for
public officers and employees as delineated in Florida Statutes chapter 112.313, including,
but not limited to, solicitation or acceptance of gifts, doing business with one's agency,
unauthorized compensation, misuse of public position, conflicting employment or contractual
relationship, and disclosure or use of certain information.
14.2 Declaration of Non -Hire. The Navy warrants that no former County officer or
employee subject to the prohibition of Section 2 of ordinance No. 0101990 nor any County
officer or employee in violation of Section 3 of Ordinance No. 010-1990 have been
employed, retained, or otherwise acted on Navy's behalf for purposes of this Agreement or
the subject matter therein. Navy warrants that no such former County officers or employees
shall be employed or retained for the same.
14.3 Breach of Violation. For breach or violation of this provision, the non -
breaching party may, at its discretion, terminate this Agreement without liability.
15. No SOLICITATION/PAYMENT
The County and the Navy warrant that, each in respect to itself, it has neither
employed nor retained any company or person, other than a bona fide employee working
solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any
person, company, corporation, individual, or firm, other than a bona fide employee working
solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or
resulting from the award or making of this Agreement. For the breach or violation of the
provision, both parties agree that the non -breaching party shall have the right to terminate
this Agreement without liability and, at its discretion, to offset from monies owed, or
otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration.
16. PUBLIC ACCESS
The County and the Navy shall allow and permit reasonable access to, and inspection
of, all documents, papers, letters or other materials in its possession or under its control
subject to the provisions of Chapter 119, Florida Statutes, and made or received by the
County and the Navy in conjunction with this Agreement.
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17. PRIVILEGES AND MUOUNITEES
All of the privileges and immunities from liability, exemptions from laws, ordinances,
and rules, available pensions and relief, opportunities for disability and workers'
compensation, and other benefits which apply to the activity of officers, agents, or employees
of any public agents or employees of the County, when performing their respective functions
under this Agreement within the territorial limits of the County, shall also apply to the same
degree and extent to the performance of such functions and duties of such officers, agents,
volunteers, or employees outside the territorial limits of the County.
18. NON -DELEGATION OF CONSTITiJTIONAL OR STATi1TORY DUTIES
This Agreement is not intended to, nor shall it be construed as, relieving either party
from any obligation or responsibility imposed upon the party by law, except to the extent of
actual and timely performance thereof by that party, in which case the performance may be
offered in satisfaction of the obligation or responsibility. Further, this Agreement is not
intended to, nor shall it be construed as, authorizing the delegation of the constitutional or
statutory duties of the County, except to the extent permitted by the Florida Constitution,
Florida statute, and Florida case law.
19. NON -RELIANCE BY NON-PARTIES:
Except as provided for in this Agreement, no person or entity shall be entitled to rely
upon the terms of this Agreement to enforce or attempt to enforce any third -party claim,
entitlement, or benefit of any service or program contemplated hereunder. Except as provided
for in this Agreement, the County and the Navy agree that neither the County, the Navy, nor
any agent, officer, or employee of either shall have the authority to inform, counsel, or
otherwise indicate that any particular individual or group of individuals, entity or entities,
have entitlements or benefits under this Agreement separate and apart, inferior to, or superior
to the community in general or for the purposes contemplated in this Agreement.
20. ATTESTATIONS:
The Navy agrees to execute any documents that the County may reasonably require to
satisfy the terms of this Agreement, including a Public Entity Crime Statement, an Ethics
Statement, and a Drug -Free Workplace Statement.
�01
21. NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or
agreement of any member, officer, agent or employee of County or Navy in his or her
individual capacity, and no member, officer, agent or employee of County or Navy shall be
liable personally on this Agreement or be subject to any personal liability or accountability
by reason of the execution of this Agreement.
22. EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall
be regarded as an original, all of which taken together shall constitute one and the same
instrument and any of the parties hereto may execute this Agreement by signing any such
counterpart.
23. SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of
reference only, and it is agreed that such section headings are not a part of this Agreement
and will not be used in the interpretation of any provision of this Agreement.
24. TERNUNATION
24.1 Termination Generally. The County and the Navy may treat the other party in
default and terminate this Agreement immediately, without prior notice, upon failure of the
other party to comply with any provision related to compliance with all laws, rules and
regulations. This Agreement may be terminated by the either party due to breaches of other
provisions of this Agreement if, after written notice of the breach is delivered, the other party
does not cure the breach within 7 days following delivery of notice of breach. Any waiver of
any breach of covenants herein contained shall not be deemed to be a continuing waiver and
shall not operate to bar the non -breaching party from declaring forfeiture for any succeeding
breach either of the same conditions or covenants or different conditions or covenants.
24.2 Failure to Grant Easement. If the Navy fails to grant the aforementioned
easements to the County, the County may terminate this Agreement without prior notice.
24.3 Failure to Abandon Pelican Lane. If the County fails to grant the Navy's
petition to abandon Pelican Lane at the publicly advertised hearing convened for such
purposes within one hundred and eighty (180) days, the aforementioned easements shall
immediately be terminated and the Navy may terminate this Agreement without prior notice.
�t
Y
25. ASSIGNMENT
The County and Navy may not assign this Agreement or assign or subcontract any of
its obligations under this Agreement without the approval of the party; that is, the County's
Board of County Commissioners and Commanding Officer, Naval Air Station, Key west
respectively. All the obligations of this Agreement will extend to and bind the legal
representatives, successors and assigns of the Navy and the County.
25. SUBORDINATION
This Agreement is subordinate to the laws and regulations of the United States, the
State of Florida, and the County, whether in effect on commencement of this Agreement or
adopted after that date.
27. INCONSISTENCY
If any item, condition or obligation of this Agreement is in conflict with other items
in this Agreement, the inconsistencies shall be construed so as to give meaning to gravamen
of this Agreement; that is, the County' s abandonment of Pelican Lane in returns for the
Navy's grant of the aforementioned easement.
28. CONSTRUCTION
This Agreement has been carefully reviewed by the Navy and the County. Therefore,
this Agreement is not to be construed against any party on the basis of authorship.
29. NOTICES.
Notices in this Agreement, unless otherwise specified, must be sent by certified mail
to the following:
County:
County Administrator
1100 Simonton Street
Key West, Florida 33040
30. FULL UNDERSTANDING
Navy:
Timothy T. Yonce
NAVFAC Southeast
Ajax Street, Bldg 135N
P.O. Box 30
NAS Jacksonville, FL 32212-0030
This Agreement is the parties' final mutual understanding. It replaces any earlier
agreements or understandings, whether written or oral. This Agreement cannot be modified
or replaced except in a written amendment, duly executed by both parties.
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31. EFFECTIVE DATE
This Agreement will take effect on the day of 92010.
In witness whereof, the parties hereto have caused these presents to be executed, on the day
and year indicated below.
(SEAL)
Attest: Danny L. Kolhage, Clerk
By:
Deputy Clerk
Date:
� E COUNTY O N Y
RO D AS F
,,-AtSISTANT COIJ14TY ATTORNEY
Date
BOARD OF COUNTY C GMMIS S IGNERS
OF MGNRGE COUNTY, FLORIDA
M
Mayor/Chairman
UNITED STATES GOVERNMENT
DEP NAVY
707-
By:
Title:
CONCURRENCE of this agreement
BY: I
PATRICK A. RE
Captain, U. S. Navy
Commanding Officer
Naval Air Stab n K� y West, FL
Date:
� 1,Q/�v
11
Legal Description
Ingress/Egress and Utility Easement
for Lots 1 and 2, Block 15 of Boca Chica Ocean Shores
A strip of land, 20.00 feet in width, lying 10.00 feet on both sides of the following
described centerline, Commence at the Southeast corner of Lot 10, Block 14, Boca Chica
Ocean Shores, according to the Plat thereof as recorded in Plat Book 5, Page 49 of the
Public Records of Monroe County, Florida, thence bear N20°36'23"E for a distance of
10.04 feet to the Point of Beginning;
Thence bear N64°19'08"W for a distance of 192.66 feet;
Thence bear N75°52'44"W for a distance of 31.30 feet;
Thence bear S72°04'27"W for a distance of 45.32 feet;
Thence bear N90°00'00"W 33.69 feet to a point on the Easterly boundary line of Lot 2
Block 15 of said Plat and the Point of Terminus.
The sidelines of the above described strip of land shall be extended and shortened to
terminate at East boundary lines of Lots 1 and 2, Block 15 and the East boundary line of
Lot 10 Block 14, all in Boca Chica Ocean Shores, according to the Plat thereof as
recorded in Plat Book 5, Page 49 of the Public Records of Monroe County, Florida.
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