Item I01M
C ounty of f Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor George Neugent, District 2
The Florida. Key
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Mayor Pro Tern David Rice, District 4
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Danny L. Kolhage, District 1
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
July 19, 2017
Agenda Item Number: I.1
Agenda Item Summary #2709
BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Mayte Santamaria (305) 289 -2500
n/a
AGENDA ITEM WORDING: Correction of a scrivener's error to add the legal description as
Exhibit A of an Interlocal Agreement (ILA), approved by the BOCC on December 14, 2016,
between Monroe County and City of Marathon transferring 52 low income and 3 very low income
(55 total) Affordable Housing ROGO Allocations from Monroe County to the City of Marathon.
This ILA is proposed by Keys Affordable Development III, LLC, for a project that proposes
developing 55 new affordable housing units and is applying for state low income housing tax credits
(LIHTC).
ITEM BACKGROUND:
On December 14, 2016, the BOCC approved an Interlocal Agreement (ILA) between Monroe
County and City of Marathon transferring 52 low income and 3 very low income (55 total)
Affordable Housing ROGO Allocations from Monroe County to the City of Marathon. This ILA is
proposed by Keys Affordable Development III, LLC, for a project that proposes developing 55 new
affordable housing units and is applying for state low income housing tax credits (LIHTC).
The ILA included on the BOCC agenda for the December 14, 2016 meeting included the following:
WHEREAS, Keys Affordable Development III, LLC is an applicant for a Conditional
Use Pennit to obtain approval for a project that includes 55 affordable housing /workforce
housing units expected to be considered and approved by the City of Marathon Planning
Commission on December 5, 2016, after the Monroe County Board of County ComnlMs an is
anticipated to consider this Agreement pertaining to the following site:
[INSERT COMPLETE LEGAL DESCRIPTION]
WHEREAS, the parties have determined that this Agreement is in the best
interests of the public and the public health, safety, and welfare.
PREVIOUS RELEVANT BOCC ACTION:
On December 14, 2016, the BOCC approved an Interlocal Agreement (ILA) between Monroe
County and City of Marathon transferring 52 low income and 3 very low income (55 total)
Affordable Housing ROGO Allocations from Monroe County to the City of Marathon. This ILA is
proposed by Keys Affordable Development I11, LLC, for a project that proposes developing 55 new
affordable housing units and is applying for state low income housing tax credits (LIHTC).
BOCC 3/15/17 (114) — BOCC deferred approval of the item until the BOCC 4/12/17 meeting in
Marathon, FL.
BOCC 4/12/17 (19) - BOCC deferred approval of the item until the BOCC 5/17/17 meeting.
BOCC 5/17/18 (115) - BOCC deferred approval of the item until the BOCC 7/19/17 meeting.
CONTRACT /AGREEMENT CHANGES:
added Exihibit A (Legal Description)
STAFF RECOMMENDATION: Continue to August BOCC meeting - Approval
DOCUMENTATION:
Approved ILA for Keys Affordable with legal description
FINANCIAL IMPACT:
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:
Additional Details:
REVIEWED BY:
Mayte Santamaria Completed
Assistant County Administrator Christine Hurley
02/27/2017 10:50 AM
Steve Williams
Completed
Jaclyn Carnago
Completed
Budget and Finance
Skipped
Maria Slavik
Skipped
Kathy Peters
Completed
Board of County Commissioners
Completed
02/24/2017 12:07 PM
Completed
02/27/2017 12:08 PM
02/28/2017 8:40 AM
02/24/2017 12:01 PM
02/24/2017 12:01 PM
02/28/2017 11:10 AM
03/15/2017 9:00 AM
INTERLOCAL AGREEMENT BETWEEN MONROE
COUNTY AND THE CITY OF MARATHON
TRANSFERRING AFFORDABLE HOUSING
RESIDENTIAL DWELLING UNIT ALLOCATIONS
ml)er
This Agreement ( "Agreement ") is made and entered into this I� ay of D ' ce Neer, 2016.
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by and between Monroe County, a political subdivision of the State of Florida, whose address is
1100 Simonton Street, Key West, Florida 33040 ( "County "), and the City of Marathon, a municipal
corporation of the State of Florida, whose address is 9805 Overseas Highway, Marathon, Florida
33050 (the "City ").
WITNESSETH:
WHEREAS, Monroe County and the City of Marathon recognize the value of regional
partnerships in smart growth; and
WHEREAS, Policy 101.2.15 of the Year 2010 Monroe County Comprehensive Plan allows
Rate of Growth Ordinance building permit allocations (hereinafter "affordable housing ROGO
allocations" or "affordable ROGOs ") for affordable housing projects to be pooled and transferred
between local government jurisdictions within the Florida Keys Area of Critical Concern, if
accomplished through an interlocal agreement between the sending and receiving local governments;
and
WHEREAS, Chapter Five (5) of the City Comprehensive Plan identifies goals, objectives and
policies to provide for development pursuant to intergovernmental coordination and interlocal
agreements; and
WHEREAS, Monroe County and the City of Marathon have previously entered into Interlocal
Agreements to transfer affordable ROGOs; and
WHEREAS, Monroe County and the City of Marathon recognize the potential economic
value of such transferable affordable ROGO allocations; and
WHEREAS, this Agreement is entered into pursuant to Florida Statutes, Section 163.01. et
seq., Florida Interlocal Cooperation Act of 1969, which states:
"It is the purpose of this section to permit local governmental units to make the most
efficient use of their powers by enabling them to cooperate with other localities on a
basis of mutual advantage and thereby to provide services and facilities in a manner
and pursuant to forms of governmental organization that will accord best with
geographic, economic, population, and other factors influencing the needs and
development of local communities "; and
WHEREAS, the comprehensive plans of Monroe County and the City of Marathon expressly
identifv interlocal agreements as a means of resolving issues mutually affecting their respective
jurisdictions; and
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WHEREAS, the State of Florida Housing Finance Corporation (FHFC) Low Income
Housing Tax Credits (LII ITC) application deadline is January 6, 2017; and
WHEREAS, Keys Affordable Development III, LLC, a Florida Limited Lability
Company and or their assigns will be an applicant for FHFC LIHTC/ WORKFORCE funding
for fifty -five (55) affordable housing units (hereinafter referred to as "project ") expected to be
ranked and approved by the spring of 2017 (i.e., between March 20, 2017, . and May 1, 2017),
with closing on the project expected to occur by the fall of 2017 (i.e., between September 22,
2017, and December 20, 2017); and
WHEREAS, Keys Affordable Development III, L,LC is an applicant for a Conditional
tJse Permit to obtain approval for a project that includes 55 affordable housing /workforce
housing units expected to be considered and approved by the City of Marathon Planning
Commission on December 5, 2016. after the Monroe County Board of County Commission is
anticipated to consider this Agreement pertaining to the following site:
Part of Lots 1, 2 3, and 4, Thompson & Adams Subdivision,
According to the Plat Thereof Recorded in Plat Book 2, Page 24,
and Part of Old State Road 4A, Together with Adjacent Bay
Bottom Lands, in Section 10- 66 -32, Key Vaca, Monroe County,
Florida Public Records. See Also OR Book 1554, Pages 2036 to
2066
WHEREAS, the parties have determined that this Agreement is in the best
interests of the public and the public health, safety, and welfare.
NOW, THEREFORE, the parties hereto agree as follows:
Section 1. TRANSFER: The parties agree to permit the transfer of up to 55- affordable
housing ROGO allocations, comprised of fifty -two (52) low- income category and three
(3) very -low income category affordable housing ROGO allocations, from Monroe
County to the City of Marathon for allocation, pursuant to this Agreement, and subject to
the conditions contained herein, including but not limited to:
Keys Affordable Development III, LLC, or its assignee, obtaining a Conditional Use
approval from the City of Marathon Planning Commission prior to October 31, 2017; and
Keys Affordable Development III, LLC, or its assignee, constructing and obtaining a
Certificate of Occupancy for all of the affordable housing units, situated upon the subject
property described herein, related to the transferred affordable housing ROGO allocations
subject of this Interlocal Agreement, prior to December 31. 2019; and
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The recording of a 99 -year Affordable Housing Deed Restriction on all of the affordable
housing units contemplated herein, in accordance with this Agreement, and in accordance
with the applicable requirements of the Code of Ordinances, City of Marathon. Florida
and similar requirements of the Florida Building Code (FBC).
Section 2. ASSIGNMENT: Monroe County has assigned its rights to the affordable
housing ROGO allocation contemplated herein to the City. and the 55 affordable housing
ROGO allocations are to be issued by the City to be used specifically by Keys Affordable
Development III, LLC, or its successor or assign, at the development in Marathon known
as "Casa on 4800 Overseas Highway, Marathon" (Legal Description attached as Exhibit
"A "). In the event the subject project or, as applicable. Keys Affordable Development III,
LLC, or, as applicable, its assign(s) and successor(s) in interest or title, fail to obtain
federal or state housing financial assistance and complete the construction as evidenced
by issuance of a Certificate of Occupancy for all 55 units by the City of Marathon, any
units which have not received a Certificate of Occupancy shall result in those allocations
reverting to Monroe County and to their former status under the Agreement; no
amendment to this Agreement is necessary or required to trigger this automatic reverter
clause.
Section 3. TERM: Subject to and upon the terms and conditions set forth herein, this
Interlocal Agreement shall continue in force until one of the following occur:
The project is not granted funding by FHFC LIHTC /WORKFORCE program in the
FY16 -17 or FY 17 -18 competitive cycle; or
The project does not complete construction and does not obtain Certificates of Occupancy
for all 55 affordable housing units contemplated herein by December 31, 2019. All
affordable housing units for which Certificates of Occupancy are issued prior to
December 31, 2019 shall remain subject to this Interlocal Agreement irrespective of
whether all 55 affordable housing units contemplated herein receive Certificates of
Occupancy.
Section 4. NOTIFICATION: The City of Marathon shall (1) Immediately notify Monroe
County of any assignment(s) and successor(s) in interest or title to Keys Affordable
Development III, LLC for the duration of Keys Affordable Development III, LLC's
interest(s) in the affordable housing ROGO allocation contemplated herein, and (2) Shall
immediately notify Monroe County of any assigmment(s) and successor(s) in interest or title
to the affordable housing ROGO allocations contemplated herein above at least thirty (30)
business days prior to the date of such transfer or succession by certified U.S. Postal Service
Certified mail to the Monroe County Planning & Environmental Resources Senior Director.
The City of Marathon shall further provide prompt written notice to Monroe County of the
extension, tennination, or expiration of the aforesaid Conditional Use Pen for project
contemplated herein.. The City of .Marathon shall further provide prompt written notice to
Monroe County of the issuance of Certificates of Occupancy for the subject affordable
housing units within thirty (30) business days after issuance of said Certificates.
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All such notices under this Section ( "Section 4. ") shall be sent to the following addresses:
Monroe County County Administrator
1100 Simonton Street, Key West, FL 33040; and
Monroe County Planning & Environmental Resources Department
Attn: Senior Director
Subject: City of Marathon Interlocal Agreement
2798 Overseas Highway, Marathon, FL 33050; and
With a copy to:
Monroe County Attorney's Office
Attn: County Attorney
Subject: City of Marathon Interlocal Agreement
P.O. Box 1026
Key West, FL 33� 330y1
Failure of the City of Marathon or Keys Affordable Development III, LLC, or their assign(s)
or successor(s) in interest or title, to perform any act required by this Interlocal Agreement
shall neither impair nor limit the validity of this Agreement or limit its enforceability in any
way.
Section 5. CONSTRUCTION AND INTERPRETATION: The construction and interpretation
of this Interlocal Agreement and Monroe County Code(s) provisions in arising from, related to, or
in connection with this Agreement, shall be deferred in favor of Monroe County and such
construction and interpretation shall be entitled to great weight on trial and on appeal.
Section 6. NO WAIVER: Monroe County shall not be deemed to have waived any rights under
this Interlocal Agreement unless such waiver has been expressly and specifically provided.
Section 7. LIMITATION OF LIABILITY: In the event of any litigation related to, arising from,
or in connection with this Interlocal Agreement, the parties hereto and Keys Affordable
Development III, LLC, and its assignees and successors -in- interest, hereby agree to expressly
waive their right to a jury trial.
Section 8. DUTY TO COOPERATE: When required to under this Interlocal Agreement, the
City of Marathon and Keys Affordable Development, III, LLC, and its assignees and successors -
in- interest, shall, to ensure the implementation of the government purpose furthered by this
Agreement, cooperate with Monroe County's reasonable requests, regarding the conditions and
provisions contained herein.
Section 9. GOVERNING LAWS /VENUE: This Agreement shall be construed in
accordance with and governed by the laws of the State of Florida and the United States.
Exclusive venue for any dispute arising under this Agreement shall be in the Sixteenth Judicial
Circuit in and for Monroe County, Florida. In the event of any litigation, the prevailing party
is entitled to a reasonable attorney's fee and costs. This Agreement is not subject to arbitration.
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Section 10. NONDISCRIMINATION: The parties 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 any party, effective the date of the court
order. The parties agree to comply with all Federal and Florida statutes, and all local
ordinances, as applicable, relating to nondiscrimination. These include but are not limited to
(1) 'I'itle VI of the Civil :Rights Act of 1.964 (P.L. 88 -352) which prohibits discrimination on
the basis of race, color, or national origin: (2) Section 504 of the Rehabilitation Act of 1973,
as amended 3) U.S.C. s. 1975, as amended (42 U.S.C. ss. 6101- 6107)), which prohibits
discrimination on the basis of age; (4) The Drug Abuse Office and Treatment Act of 1972
(P.L. 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; (5) The
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act
of 1970 (P.L. 91 -616), as amended, relating to nondiscrimination on the basis of alcohol
abuse or alcoholism; (6) The Public Health Service Act of 1912, ss. 523 and 527 (42 U.S.C.
ss. 290 dd -3 and 290 ee(03), as amended, relating to confidentiality of alcohol and drug abuse
patient records; (7) The Americans With Disabilities Act of 1990 (42 U.S.C. s. 1201 Note),
as may be amended from time to time. relating to nondiscrimination on the basis of disability;
(8) The Civil Rights Act of 1992 (Chapter 760, Florida Statutes, and Section 509.021, Florida
Statutes), as may be amended from time to time, relating to non - discrimination; and (9) any other
nondiscrimination provisions in any federal or state statutes or local ordinances which may apply
to the parties to, or the subject matter of, this Agreement.
Section 11. CODE OF ETHICS: The parties agree that their officers and employees recognize
and will be required to comply with the standards of conduct relating to public officers and
employees as delineated in Section 112.313, Florida Statutes regarding, 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.
Section 12. NO SOLICITATION /PAYMENT: The parties warrant that, 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 been paid or agreed
to pay any person, company, corporation, individuals, 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 of violation of
this provision, each party agrees that the other 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.
Section 13. SUBORDINATION: This Agreement is subordinate to the laws and regulations
of the United States and the State of Florida, whether in effect on commencement of this Iniziocal
Agreement or adopted after that date.
Section 14. INCONSISTENCY: If any item, condition, or obligation of this Agreement is in
conflict with other items of this Agreement, the inconsistencies shall be construed so as to give
meaning to those terms which limited the County's responsibility or l i a b i l i t y .
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Section 15. PUBLIC ACCESS TO RECORDS: The parties shall allow and permit members of
the public reasonable access to, and inspection of, all documents, papers. letters or other materials
subject to the provisions of Chapter 119, Florida Statutes, and made or received by the parties in
conjunction with this Agreement.
Section 16. NON - RELIANCE BY THIRD- PARTIES: Other than as stated herein, no person
or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce
or attempt to enforce any third -party claim or entitlement to or benefit of any service or
program contemplated hereunder, and the parties agree that neither the County nor the City,
or any agent, officer, or employee of each 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 thepurposes contemplated in this Agreement.
Section 1.7. 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 a party in
his or her individual capacity, and no member, officer, agent or employee of a party shall be
liable personally on this Agreement or be subject to any personal liability or accountability
by reason of the execution of this Agreement.
Section 18. NOTICES: In addition to those communications and notice requirements set
forth in Section 4. of this Agreement, all notices and other communications hereunder must
be in writing and addressed as follows, or to any other address which either parry may
designate to the other party by mail:
If to Monroe County:
Roman Gastesi, Jr., County Administrator
Monroe County Historic Gato Building
1100 Simonton Street
Key West, Florida 33040; and
Planning & Environmental Resources Department
Attn: Senior Director
Subject: City of Marathon Interlocal Agreement
2798 Overseas Highway, Marathon, FL 33050; and
With a copy to:
Monroe County Attorney's Office
Attn: County Attorney
Subject: City of Marathon Interlocal Agreement
P.O. Box 1026
Key West, FL 33040 3
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Martin C. Flynn, Jr.
PO Box 540337
Merritt Island, FL 32954
If to the City:
City Manager
9805 Overseas Highway
Marathon, Florida 33050
George Garrett, Planning Director
9805 Overseas Highway
Marathon, Florida 33050
With a copy to:
David Migut, Esquire
City Attorney
9805 Overseas Highway
Marathon, FL 33050
Martin C. Flynn, Jr.
PO Box 540337
Merritt Island, FL 32954
Any notice required by this Agreement to be given or made within a specified period of time, or
on or before a date certain, shall be deemed to have been duly given if sent by certified mail, return
receipt requested, postage and fee prepaid; hand delivered, or sent by overnight delivery service.
Section 15. ENTIRE AGREEMENT/MODIFICATION /AMENDMENT: This writing
contains the entire Agreement of the parties and supersedes any prior oral or written
representations. No representations were made or relied upon by either party, other than those that
are expressly set forth herein. No agent, employee, or other representative of either party is
empowered to modify or amend the terms of this Agreement, unless executed with the same
formality as this document.
Section 16. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions: If any
condition or provision hereunder, or any portion thereof, is /are held to be invalid or unenforceable
in or by any administrative hearing officer or court of competent jurisdiction, the invalidity or
unenforceability of such condition(s) or provision(s) shall neither limit nor impair the operation,
enforceability, or validity of any other condition or provision hereunder, or remaining portions
thereof. All such other condition(s) or provision(s), or portions thereof, shall continue unimpaired
in full force and effect.
Section 17. Captions and Paragraph Headings: Captions and paragraph headings, where used
herein, are inserted for convenience only and are not intended to descriptively limit the scope
and /or intent of the particular paragraph or text to which they refer.
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Section 18. Authority to Attest: Each party to this Interlocal Agreement represents and warrants
to the other that the execution, delivery, and performance of this Agreement has been duly
authorized by all necessary corporate and other organizational action, as required.
Section 19. MISCELLANEOUS: Each party represents and warrants to the other that the
execution, delivery, and performance of this Agreement has been duly authorized by all necessary
corporate or other organizational action, as required.
Section 20. COUNTERPARTS: This Agreement may be executed in several counterparts, each
of which shall be deemed an original, and such counterparts shall constitute one and the same
instrument.
Section 21. EFFECTIVE DATE: This Agreement shall take effect on the date set forth above
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly
aut representative.
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MADOR , CLERK
Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
B Y :, 'e`
Mayor George Neugent
Date: 4, 7--1 4
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
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Assistant County Attorney
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MONROE COUNTY A ORNEY
Af RROVED AS FORM:
. W '
STEVEN T. WILLIAMS
ASSISTANT CpUNTY ATTORNEY
Date �/ ao �7
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ATTEST:
THE CITY OF MARATHON, FLORIDA
�- 4 A, 1
B By: ,
DIANE CLAVER Mayorniel Zie
City Clerk Date: '(1 (7�
(City Seal)
APPROVED AS TO FORM AND
LEGALITY FOR THE USE AND
RELIANCE OF THE CITY OF
MARATHON, FLO DA ONLY:
By:
David Migut, City ttorne
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Exhibit A
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FILL 111 02 . 3 . 7 5
BK11554 PG12037
All that property deeded to the grantor by, %gNarranty Deed Xpcorded in Official
Records Book 1092 page 2353 of the Public Records of Monroe County, Florida, more
particularly described as follows:
Lots 1, 2, 3 and 4, THOMPSON & ADAMS SUBDIVISION, according to the Plat
thereof recorded Plat Book 2, Page 24, of the Public Records of Monroe County, Florida.
Also
A parcel of Bay Bottom land in the Bay of Florida at Key Vaca, Monroe County, Florida,
north of and adjacent to Lots 1, 2, 3 and 4 of "THOMPSON -ADAMS SUBDIVISION',
as recorded in Plat Book 2, Page24, Monroe County, Florida Records, said bay bottom
land also being in Section 10, Township 66 South, Range 32 East, and more particularly
described as follows:
Commencing at the intersection of the East line of Section 10, Township 66, South,
Range 32 East, and the northerly right -of -way line of Old State Highway No. 4A, run
southwesterly along the northerly right -of -way line of Old State Highway No. 4A for a
distance of 1258.44 feet to a point; thence with a deflected angle to the right of 105
degrees and 40' and north for a distance of 850 feet, more or less, to the northwest comer
of Lot 1 of said " THOMPSON- ADAMS" Subdivision, said corner also to be known as
the Point of Beginning of the bay bottom land hereinafter described; from said point
beginning continue north for a distance of 250 feet, more or less;
thence at right angles and easterly for a distance of 403.89 feet to a point; thence at right
angles and south for a distance of 210 feet, more or less to the shoreline;
thence meander the shoreline in a northwesterly, southeasterly and southwesterly
direction for a distance of 600 feet, more or less, back to the Point of Beginning.
Also
Part of Government Lot 1, Section 10, Township 66 South, Range 32 East and more
particularly described as follows:
Commencing at a point where the Westerly boundary line of Lot 1 of THOMPSON &
ADAMS Subdivision, plat of which is recorded in Plat Book 2, Page 24 of Monroe
County, Florida Records, intersects with the Northern boundary line of the right -of -way
of U.S. Highway No. 1 of said plat and running thence along the Northern boundary of
said highway in a Northeasterly direction 209.74 feet to a point where the East boundary
line of Lot 2 of said plat intersects with the northern boundary of said highway;
thence running at a straight angle with the Eastern boundary line of said Lot 2 in a
southerly direction 66 feet, more or less, to the former right -of -way of the F.E.C. Ry.
Company and which is the present right -of -way of the Overseas Road and Toll Bridge
q District;
thence along the northern boundary of said Overseas Road and Toll Bridge District's
right -of -way 209.74 feet;
thence north to the point of Beginning.
Also
Part of Government Lot 1, Section 10, Township 66 South, Range 32 East and more
nar6ritlarly riPcrrihPri at fhUnuvc-
Boca 1565616
Sko 2185 Pop 7283
FILE 11102375
BK 11554 PG#2038
Commencing at a point where the Westerly boundary line of LoA 3 of THOMPSON &
ADAMS Subdivision, plat of which is recorded in Plat Book 2, Page 24 of Monroe
County, Florida Records, intersects with the Northern Boundary line of the right -of -way
of U.S. Highway No. I of said- plat and running thence along the Northern boundary of
said highway in a Northeasterly direction 209.74 feet to a point where the East boundary
line of Lot 4 of said plat intersects with the Northern boundary of said highway;
thence running at a straight angle with the Eastern boundary of said Lot 4 in a Southerly
direction 66 feet, more or less, to the former right-of-way of the F.E.C. Ry. Company and
which is now the present right -of -way of the Overseas Road & Toll Bridge District;
thence along the Northern boundary line of the right -of -way of said Overseas Road &
Toll Bridge District 209.74 feet;
thence north to the Point of Beginning.
A parcel of bay bottom land in the Bay of Florida in Section 10, Township 66 South,
Range 32 East, north of lots '1, 2,3 and 4 of THOMPSON -ADAMS Subdivision at Key
Vaca, Monroe County, Florida and being more particularly described by metes and
bounds as follows:
Commencing at the intersection of the East line of Section 10, Township 66 South, Range
` 32 East, and the Northwesterly right -of -way line of Old State Highway No. 4A, bear
Southwesterly along the Northwesterly right -of -way line of Old State Highway 4A for a
distance of 1258.44 feet to a point; thence bear North for a distance of 1 110 feet to the
Point of Beginning of the parcel of bay bottom land hereinafter described; from said
<< Point of Beginning, continue bearing North for a distance of 600 feet to a point;
thence bear East for a distance of 403.89 feet to a point;
thence bear South for a distance of 600 feet to a point;
thence bear West for a distance of 403.89 feet, back to the Point of Beginning.
EXCEPT
A parcel of bay bottom land in the Bay of Florida in Section 10, Township 66 South,
Range 32 East, North of Lots 1, 2, 3 and 4 of THOMPSON -ADAMS Subdivision, at Key
Vaca, Monroe County, Florida, and being more particularly described by metes and
bounds as follows:
Commencing at the intersection of the East line of Section 10, Township 66 South, Range
32 East, and the Northwesterly right -of -way line of Old State Highway 4A, bear
Southwesterly along the Northwesterly right -of -way line of Old State Highway No. 4A
for a distance of 1258.44 feet to a point;
thence bear North for a distance of 1710 feet to a point;
thence bear East along a line which is the northerly boundary line of the parcel of bay
bottom land hereinafter described and is the line constituting the Point of Beginning of
such description, to -wit:
From said northerly boundary line of beginning bear South on a line running parallel with
and 4 feet West of the West side of LITTLE EMMA ISLAND, GOVERNMENT Lot 7
Does 1565616
Bks 2185 Pon 2264
FILE t117 -0237 5
ay
# 1 5 5 4 PG# 2 039
and thence continuing south on such line to a point 4 feet southwest of said island;
thence bear east to a point 20 feet southeast of said island;
thence north to the said northerly boundary line of beginning;
thence bear -West along said northerly boundary line to the Point of Beginning. -
ALSO EXCEPTING
A tract of filled in land in the Bay of Florida, north of Lot 1 and a part of Lot 2 of
"THOMPSON -ADAMS SUBDIVISION ", as recorded in Plat Book 2, Page 24 of the
Public Records of Monroe County, Florida and being more particularly described by
metes and bounds as follow:
Commencing at the Southwest corner of Lot 1, bear North along the West line of Lot 1,
and Lot 1 extended North, for a distance of 936.95 feet to the Point of Beginning of the
tract of land hereinafter described;
from said Point of Beginning, continue bearing North for a distance of 135 feet, more or
less, to a point on the shoreline;
thence bear East, 112.18 feet, more or less, to the West side of an existing canal;
thence bear South along the West side of said existing canal for a distance of 135 feet,
more or less, to a point which is bearing due East from the Point of Beginning;
thence bear West for a distance of 112.18 feet, back to the Point of Beginning.
And that portion of bay bottom land which lies Northerly of and contiguous to said
UPLAND 112.18 feet by 135 feet parcel,
ALSO EXCEPTING
A part of Old State Road 4A and a part of Lot 1 of "THOMPSON -ADAMS
SUBDIVISION ", as recorded in Plat Book 2, Page 24 of the Public Records of Monroe
County, Florida and being more particularly described by metes and bounds as follows;
Commencing at the Southwest corner of Lot 1, said corner to be known as the Point of
Beginning of that part of Lot 1, hereinafter described, bear North along the west line of
Lot 1, 891.95 feet; thence bear East, 30 feet; thence bear South, 952.09 feet to the
Southerly right -of -way line of Old State Road 4A; thence bear South 74 degrees 20'
West, along the Southerly right -of -way line of Old State Road 4A, 31.16 feet; thence bear
North, 68.55 feet, back to the Point of Beginning.
ALSO EXCEPTING
Fourteen parcels of land lying in part of Lots 1 and 2 of "THOMPSON -ADAMS
SUBDIVISION ", Plat Book 2, Page 24, described as follows;
Commencing at the Southwest comer of Lot 1, bear North 891.95 feet;
thence bear East, 30 feet;
DocV 1565616
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thence bear South, 135 feet to the POINT OF BEGINNING, ofshe parcel of land
hereinafter described: from said POINT OF BEGINNING, continue bearing South, 45
feet;
thence bear 82 feet, more or less, to a canal;
thence bear North 45 feet, more or less, along said canal to a point which is bearing East
from the Point of Beginning;
thence bear West, 82 feet, more or less, back to the "POINT OF BEGINNING ".
ED
Commencing at the Southwest Corner of Lot 1, bear North, 891.95 feet; K
thence bear East 30 feet;
thence bear South 45 feet to the POINT OF BEGINNING of the parcel of land hereinafter•
described; from said POINT OF BEGINNING, continue bearing South 45 feet;
thence bear East 82 feet, more or less, to a canal;
thence bear North, along said canal, 45 feet, more or less, to a point which is bearing East
from the Point of Beginning;
thence bear West, 82 feet, more or less, back to the "POINT OF BEGINNING'.
Commencing at the Southwest Corner of Lot 1, bear North 891.95 feet;
thence bear East, 30 feet;
thence bear South 90 feet to the POINT OF BEGINNING of the parcel of land hereinafter
described; from said POINT OF BEGINNING, continue bearing South 45 feet;
thence bear East 82 feet, more or less, to a canal;
thence bear North, 45 feet, more or less, along said canal to a point which is bearing East
from the POINT OF BEGINNING: thence bear West, 82 feet, more or less, back to the
POINT OF BEGINNING.
FEW To
Commencing at the Southwest corner of Lot 1, bear North 74 degrees and 20 minutes
East, 31.16 feet;
thence bear North 298.54 feet to the POINT OF BEGINNING of the parcel of land
hereinafter described; from said POINT OF BEGINNING, continue bearing North, 45
feet; thence bear East, 57 feet, more or less, to the edge of an existing boat basin; thence
bear South 12.5 feet; thence bear East 25 feet, more or less, to a point on the shoreline of
an existing canal and basin;thence bear South 32.5 feet to a point which is bearing East
from the POINT OF BEGINNING, thence bear West, 82 feet, more or less, back to the
POINT OF BEGINNING.
Doev 1565616
Bktt 2185 Pgtl 2286
FILE #1 102375
BK# 1 5 5 4 PG# Z 0 4 1
Commencing at the Southwest comer of Lot 1, bear North 74 degrees and 20 minutes
East, 15.58 feet;
thence bear North, 838.54 feet to the POINT OF BEGINNING of the parcel of land
hereinafter from said POINT OF BEGINNING, continue bearing North-45
feet;
thence bear East, 57 feet, more or less, to a boat basin;
thence bear South, 12.9 feet;
thence bear East, 25 feet, more or less, to a canal;
thence bear South, along said canal, 33 feet, more or less, to a point which is bearing East
from the POINT OF BEGINNING;
thence bear West, 82 feet, back to the POINT OF BEGINNING.
Commencing at the Southwest corner of Lot 1, bear North 74 degrees and 20 minutes
East, 31.16 feet;
thence bear North, 343.54 feet to the POINT OF BEGINNING of the parcel of land
hereinafter described;
thence continue North, 45 feet;
thence bear East, 82 feet, more or less, to a canal;
thence bear Southerly along said canal 33 feet, more or less, to a Boatslip;
thence bear West, along said Boatslip, 25 feet, more or less;
thence bear South, along said Boatslip, 12.5 feet to a point which is bearing East from the
POINT OF BEGINNING;
thence bear West, 57 feet, more or less, back to the POINT OF BEGINNING.
WED
Commencing at the Southwest corner of Lot 1, bear North 74 degrees and 20 minutes
East, 31.16 feet;
thence bear North, 388.54 feet to the POINT OF BEGINNING of the parcel of land
hereinafter described;
thence continue bearing North 45 feet;
thence bear East, 57.46 feet to a Boatslip;
thence bear South, 19.93 feet, along said Boatslip;
thence bear East, 27.09 feet to a canal;
thence bear Southerly along said canal, 25.07 feet to a point which is bearing East from
the Point of Beginning;
thence bear West, 82 feet, more or less, back to the POINT OF BEGINNING.
Commencing at the Southwest comer of Lot 1, bear North 74 degrees and 20 minutes
East, 31.16 feet;
FILE #110237 5
BKA 1 5 5 4 PG# 2 0 2
thence bear North, 433.54 feet to the POINT OF BEGINNING of the parcel of land
hereinafter described; from said POINT OF BEGINNING; .
continue.bcaring North 45 feet; t
thence bear East, 82 feet, more or less, to a canal;
thence bear Southerly along said canal, 32.59 feet to a Boatslip;
thence bear West, along said Boatslip, 27.9 feet, thence bear South, 12.47 feet to, a point
which is bearing East from the POINT OF BEGINNING, thence bear West, 57.46 feet,
back to the POINT OF BEGINNING.
D
Commencing at the Southwest Corner of Lot 1, bear North 74 degrees, 20' East, 31.16
feet;
thence bear North 523.54 feet to a POINT OF BEGINNING of the parcel of land
hereinafter described;
thence continue North, 45 feet;
thence bear East, 87 feet, more or less, to a canal;
thence bear Southerly along said canal 31 feet to a Boatslip;
thence bear West, along said Boatslip, 30.19 feet;
thence bear South, along said Boatslip, 12.27 feet to a point which is bearing East from
the POINT OF BEGINNING;
thence bear West 57 feet, more or less, back to the POINT OF BEGINNING.
GMt F.
Commencing at the Southwest comer of Lot 1, bear North 74 degrees, 20' East,31.16
feet;
thence bear North 478.54 feet to the POINT OF BEGINNING of the parcel of land
hereinafter described;
thence continue bearing North, 45 feet;
thence bear East 57 feet, more or less, to a Boatslip;
thence bear South along said Boatslip, 12.53 feet;
thence bear East, along said Boatslip, 29.9 feet to a canal;
thence bear Southerly along said canal 32 feet, more or less, to a point which is bearing
East, from the POINT OF BEGINNING;
thence bear West, 85 feet, more or less, back to the POINT OF BEGINNING.
AND
Commencing at the Southwest corner of Lot 1, bear North, 891.95 feet;
thence bear East, 30 feet;
thence bear South, 180 feet to the POINT OF BEGINNING of the parcel of land
hereinafter described; from said POINT OF BEGINNING, continue bearing South, 45
feet:
Ooep 1565616
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RILE #1.3-0 237 5
BK# 1 5 5 4 PG# 2 04 3
thence bear East, 82 feet, more or less, to a canal; \
thence bear North 45 feet, more or less, along said canal to a point which is bearing East
from the POINT OF BEGINNING;
thence bear-West, 82 feet, more or less back to the "POINT OF BEGINNING ";
together with any and all riparian rights thereunto belonging or appertaining.
0
Commencing at the Southwest comer, of Lot 1, bear North 74 degrees, 20' East, 31.16
feet;
thence bear North 613.54 feet to the POINT OF BEGINNING of the parcel of land
hereinafter described;
thence continue bearing North 45 feet;
thence bear East 84 feet, more or less, to a canal;
thence bear southerly along said canal 32 feet, more or less, to a boatslip;
thence bear West along said Boatslip 31.7 feet;
thence bear South along said Boatslip 12.1 feet to a point which is bearing East from the
POINT OF BEGINNING;
thence bear West 57 feet, more or less, back to the POINT OF BEGINNING.
AND
Commencing at the Southwest comer of Lot 1. bear North 74 degrees and 20 minutes
East, 31.16 feet;
thence bear North, 568.54 feet to the POINT OF BEGINNING of the parcel of land
hereinafter described;
thence continue bearing North, 45 feet;
thence bear East, 57 feet, more or less, to a Boatslip;
thence bear South, along said Boatslip, 12.6 feet;
thence bear East, along said Boatslip, 31.67 feet to a canal;
thence bear Southerly, along said canal, 32 feet, more or less, to a point which is bearing
East from the POINT OF BEGINNING;
thence bear West, 87 feet, more or less, back to the POINT OF BEGINNING.
VW - 1 1 2
Commencing at the Southwest Corner of Lot 1, bear North, 891.95 feet to the POINT OF
BEGINNING of the parcel of land hereinafter described; from said POINT OF
BEGINNING, continue bearing North, 45 feet;
thence bear East, 112 feet, more or less, to a canal;
thence bear South, 45 feet, more or less, along said canal to a point which is East from the
POINT OF BEGINNING;
thence bear West, 112 feet, more or less, back to the POINT OF BEGINNING.
DocN 1565616
BkN 2185 P90 2289
FILE #110237 5
BR #1554 PGt2044
Less that property conveyed by the Grantor in Warranty Dee4recorded in Official
Records Book 1240, page 1006 of Public Records of Monroe. County, Florida, more
particularly described as follows:
w
Part of unrecorded Lot 15, being a part of an unrecorded subdivision, by C.G. Bailey
R.L.S. #620, (Dated June 9, 1972) of a part of Lots 1 and 2, THOMPSON AND
ADAMS SUBDIVISION, as recorded in Plat Book 2, Page 24, Section 10- 66 -32, Vaca
Key, Monroe County, Florida, Public Records, and being more particularly described
by metes and bounds as follows:
Commencing at the Southwest corner of Lot 1, THOMPSON AND ADAMS
SUBDIVISION, bear North 74 degrees, 20 minutes, 00 seconds East along the
Northerly right -of -way of Old State Road 4A, 31.16 feet to the East right -of -way line
of Saunders Lane, as recorded in official Records Book 464, Page 324 of said Public
Records;
thence bear North along said right -of -way line, 298.54 feet to the southwest corner pf
Lot 14 of said unrecorded subdivision and as recorded in official Records Book 1170,
Page 1481, and the POINT OF BEGINNING of unrecorded Lot 15;
thence bear East along the South line of said unrecorded Lot 14, 82.00 feet to the mean
high water line of an existing boat basin;
thence bear South 45.00 feet;
thence bear West 82.00 feet to the said East right -of -way line of said Saunders Lane
thence bear North along said right -of -way line, 45.00 feet,, to the POINT OF
BEGINNING.
CONTAINING 3690 + /- SQUARE FEET
SEE ATTACHED SURVEY DATED 11/20/92 BY JOHN PAUL GRIMES, I1I,
FLORIDA REGISTERER LAND SURVEYOR #4906.
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Doo 1569616
Bk# 2185 Pqp 2291
FILCH 51102375
BXtj- 5 5 4 PG#Z 0 4 6
Less that property deeded by the Grantor by Warranty Deed re prded in Official Records
Book 1188 page 1401 of the Public Records of Monroe County, Florida, more
particularly described as follows:
Parcel of land being a part of Lot 4, THOMPSON AND ADAMS SUBDIVISION, as
recorded in Plat Book 2, Page 24, and filled bay bottom land as recorded in Official
Records Book 762, Page 244, Vaca Key, Monroe County, Florida, Public Records and
being further described as follows:
Commencing at the Southeast comer of Lot 4 of said THOMPSON AND ADAMS
SUBDIVISION, bear North along the East line of said Lot 4, 648.82 feet to the Northeast
corner of Parcel "A" as recorded in Official Record Book 1099, Page 1999 and the
POINT OF BEGINNING; thence bear West along the North line of said Parcel "A ",
100.97 feet, to the West line of said Lot 4; thence bear North along the West line of said
Lot 4, 424.35 feet, to the mean high water line of the Gulf of Mexico, (also known as
Florida Bay); thence meander the mean high water line in a generally easterly and then
southerly direction on the following seventeen (17) descriptive courses:
1. Thence North 89 degrees, 56 minutes, 18 seconds East, 51.04 feet;
2. Thence South 69 degrees, 49 minutes, 54 seconds East, 25.32 feet;
3. Thence South 39 degrees, 51 minutes, 43 seconds East, 13.12 feet;
4. Thence South 02 degrees, 34 minutes, 41 seconds West, 31.30 feet;
5. Thence South 00 degrees, 27 minutes, 47 seconds West, 51.13 feet;
6. Thence South 03 degrees, 51 minutes, 22 seconds West, 57.41 feet;
7. Thence South 01 degrees, 18 minutes, 06 seconds East, 17.60 feet;
8. Thence North 89 degrees, 11 minutes, 24 seconds East, 3.60 feet;
9. Thence South 06 degrees, 53 minutes, 22 seconds East, 18.99 feet;
10. Thence South 80 degrees, 51 minutes, 55 seconds East, 10.21 feet;
11. Thence North 27 degrees, 58 minutes, 39 seconds East, 14.35 feet;
12. Thence South 00 degrees, 00 minutes, 12 seconds West, 24.87 feet;
13. Thence South 03 degrees, 22 minutes, 43 seconds West, 42.78 feet;
14. Thence South 03 degrees, 24 minutes, 34 seconds East, 47.08 feet;
15. Thence South 02 degrees, 01 minutes, 17 seconds West, 51.03 feet;
16. Thence South 04 degrees, 03 minutes, 06 seconds West, 24.06 feet;
17. Thence South 11 degrees, 46 minutes, 11 seconds East, 17.47 feet, to the East line
of said Lot 4; thence bear South, along the East line of said Lot 4, 33.9 feet, more or less,
back to the POINT OF BEGINNING.
A parcel of bay bottom land, being a portion of the bay bottom land as recorded in
Official Record Book 762, Pages 244 to 251; said bay bottom land also being that portion
of bay bottom land lying North and East of Parcel "D" as described above, Vaca Key,
Monroe County, Florida, Public Records, and being further described as follows:
Doett 1565616
IAN 2185 PqN 2292
FILB # 3- 1 0 PGS2 0 4 7
BK #15
Commencing at the Southeast corner of Lot 4 of said THOMPSON AND ADAMS
SUBDIVISION, bear North along the East line of said Lot 4, 682.42 feet to the mean
high water line and the POINT OF BEGINNING; from said POINT OF BEGINNING
bear North, the East line of said bay bottom as recorded in Official Record Book
762, Pages 244 to 251, 914 feet, more or less, to the Northeast corner of said bay bottom;
thence bear West, along the North line of said bay bottom, 100.97 feet, more or less, to its
intersection with the West line of said Parcel "D" projected North, thence bear South
along said west line of Parcel `B" projected North, 524 feet, more or less, to the mean
high water line of the Gulf of Mexico (also known as the Florida Bay), being the
Northwest corner of said Parcel "D "; thence meander the mean high water line in a
generally Easterly and then Southerly direction on the following seventeen (17)
descriptive courses:
1, Thence North 89 degrees, 56 minutes, 18 seconds East, 51.04 feet;
2. Thence South 69 degrees, 49 minutes, 54 seconds East, 25.32 feet;
3. Thence South 39 degrees, 51 minutes, 43 seconds East, 13.12 feet;
4. Thence South 02 degrees, 34 minutes, 41 seconds West, 31.30 feet;
5. Thence South 00 degrees, 27 minutes, 47 seconds West, 51.13 feet;
6. Thence South 03 degrees, 51 minutes, 22 seconds West, 57.41 feet;
7. Thence South 01 degrees, 18 minutes, 06 seconds East, 17.60 feet;
8. Thence North 89 degrees, 11 minutes,'24 seconds East, 3.60 feet;
9. Thence South 06 degrees, 53 minutes, 22 seconds East, 18.99 feet;
10. Thence South 80 degrees, 51 minutes, 55 seconds East, 10.21 feet;
11. Thence North 27 degrees, 58 minutes, 39 seconds East, 14.35 feet;
12. Thence South 00 degrees, 00 minutes, 12 seconds West, 24.87 feet;
13. Thence South 03 degrees, 22 minutes, 43 seconds West, 42.78 feet;
14. Thence South 03 degrees, 24 minutes, 34 seconds East, 47.08 feet;
15. Thence South 02 degrees, 01 minutes, 17 seconds West, 51.03 feet;
16. Thence South 04 degrees, 03 minutes, 06 seconds West, 24.06 feet;
17. Thence South 11 degrees, 46 minutes, 11 seconds East, 17.47 feet, more or less,
to the East line of said Lot 4 and the POINT OF BEGINNING.
Together with easement rights for ingress and egress as to the real property particularly
described as follows:
EASEMENT "A"
Situated in the County of Monroe and State of Florida and known as being a 25 foot wide
easement over and upon a portion of Old State Highway 4 -A, and over and upon a
portion of Lot 4 of THOMPSON AND ADAMS SUBDIVISION of a part of Government
Lot 1, Section 10, Township 66 South, Range 32 East on Key Vaca as shown by Plat
recorded in Plat Book 2, Page 24 of Monroe County, Florida, Public Records and more
particularly described as follows:
DoeN 1565616
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FILCH #1102375
BK# 1 5 5 4 PG1 2 0 4 8
COMMENCING on the southerly right -of -way line of Old Statr. Highway 4 -A at its
intersection with the southerly prolongation of the West line of Lot 4 of THOMPSON
AND ADAMS SUBDIVISION as shown by Plat recorded in Plat Book 2, Page 24 of
Monroe County, Florida Public Records, said southerly right -of -way line being also the
northerly right -of -way line of U.S. Highway No.I , and said intersection being also the
POINT OF BEGINNING of the Easement herein intended to be described; from said
POINT OF BEGINNING bear North 68.55 feet to the southwesterly corner of said Lot 4,
said southwesterly corner being located upon the northerly right -of -way line of said Old
State Highway 4 -A; thence continue bearing North along the West line of said Lot 4,
334.62 feet; thence bear southeasterly along the arc of a curve deflecting to the left, 52.58
feet, said curve having a radius of 50.49 feet, the chord of which bears South 29 degrees,
50 minutes, 11 seconds East 50.24 feet, thence bear South352.57 feet to a point on the
said southerly right -of -way line of Old State Road No. 4 -A; thence bear South 74
degrees, 20 minutes, 00 seconds West along said right -of -way line 25.96 feet back to the
POINT OF BEGINNING.
ALSO
EASEMENT "B"
Situated in the County of Monroe and State of Florida and known as being a 25 foot wide
easement over and upon a portion of Old State Highway 4 -A; and over and upon a
portion of Lot 4 of THOMPSON AND ADAMS SUBDIVISION of a part of Government
Lot 1, Section 10, Township 66 South, Range 32 East on Key Vaca as shown by plat
recorded in Plat Book 2, Page 24 of the Monroe County, Florida, Public Records, and
more particularly described as follows:
COMMENCING on the southerly right -of -way line of Old State Highway 4 -A at its
intersection with the southerly prolongation on the East line of Lot 4 of THOMPSON
AND ADAMS SUBDIVISION as shown by Plat recorded in Plat Book 2, Page 24 of
Monroe County, Florida Public Records, said southerly right -of -way line of U.S.
Highway No. 1, and said intersection being also the POINT OF BEGINNING of the
Easement herein intended to be described; from said POINT OF BEGINNING bear North
68.55 feet to the southeasterly comer of said Lot 4, said southeasterly comer being
located upon the northerly right -of -way line of said Old State Highway 4 -A; thence
continue bearing North along the East line of Said Lot 4, 230.29 feet to a point of
curvature thereon; thence bear northwesterly along the are of a curve, deflecting to the
left 79.31 feet, said curve having a radius of 50.49 feet, the chord of which bears North 45
degrees, 00 minutes, 00 seconds West 71.40 feet to a point of inflection; thence continue
Northwesterly on the arc of a curve, deflecting to the right 40.03 feet, said curve having a
radius of 25.49 feet, the chord of which bears North 45 degrees, 00 minutes, 00 seconds
West 36.05 feet to a point of tangency; thence bear South 43.58 feet; thence bear
southeasterly on the arc of a curve, deflecting to the left, 26.73 feet, said curva having a
radius of 25.49 feet, the chord of which bears South 74 degrees, 50 minutes, 10 seconds
DocN 1565616
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FILE; I 1 - 1' 0 PGA 2 0 4 9
By,* 1 5 5 4
East 26.41 feet to a point of inflection; thence continue southe?4terly on the arc of a
curve, deflecting to the right, 40.03 feet, said curve having a radius of 25.49 feet, the
chord of which bears South 45 degrees, 00 minutes, 00 seconds East 36.05 feet to a point
of tangency; thence bear South 305.85 feet to a point on the said southerly right-of-way
line of Old State Road No. 4 -A; thence bear North 74 degrees, 20 minutes, 00 seconds
East along said right -of -way line 25.96 feet back to the POINT OF BEGINNING.
ALSO
EASEMENT "C"
Situated in the County of Monroe and State of Florida and known as being a 25 foot wide
easement over and upon a portion of Lot 4 of THOMPSON AND ADAMS
SUBDIVISION of a part of Government Lot 1, Section 10, Township 66 South, Range
32 East on Key Vaca as shown by Plat recorded in Plat Book 2, Page 24 of Monroe
County, Florida Public Records, and more particularly described as follows:
COMMENCING on the northerly right -of -way line of Old State Highway 4 -A at the
southwesterly corner of Lot 4 of THOMPSON AND ADAMS SUBDIVISION as shown
by Plat recorded in Plat Book 2, Page 24 of Monroe County, Florida Public Records, bear
North along the West line of said Lot 4, 334.61 feet to the POINT OF BEGINNING of
the easement herein intended to be described; from said POINT OF BEGINNING
continue bearing North along the said West line of Lot 4, 309.93 feet; thence bear East
25.00 feet; thence bear South 353.31 feet; thence bear northwesterly on the arc of a curve
deflecting to the right 52.58 feet, said curve having a radius of 50.49 feet, the chord of
which bears North 29 degrees, 50 minutes, 11 seconds West 50.24 feet back to the
POINT OF BEGINNING.
ALSO
EASEMENT "D"
Being a 15 foot easement over and upon a portion of Lot 3 and 4, THOMPSON AND
ADAMS SUBDIVISION, as recorded in Plat Book 2, Page 24, Vaca Key, Monroe
County, Florida, Public Records and being further described as follows:
COMMENCING at the southeast corner of Lot 3, bear North along the East line of said
Lot 3, 644.54 feet to the Northwest comer of Easement "C" as recorded in Official
Record Book 1099, Page 2022 and 2023, and the POINT OF BEGINNING of said 15
foot easement; thence bear West, 7.50 feet to the Southeast corner of Parcel `B" as
recorded in Official Record Book 1099, Page 1999 and 2000; thence bear North along the
East line of said Parcel `B" and its projection; 298.50 feet; thence bear East 15.00 feet;
thence bear South parallel with the East line of said Lot 3, 298.50 feet to the Northerly
terminus of said Easement "C "; thence bear West along said Northerly terminus of
Easement "C ", 7.50 feet, back to the POINT OF BEGINNING.
DocN 1565616
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FILE 11102375
BK# 3,Y5 5 4 PG# 2 0 5 0
ALSO
EASEMENT "F" -
Situated in the County of Monroe and State of Florida and known as being a 25 foot
easement over and upon a portion of Lot 4, THOMPSON AND ADAMS
SUBDIVISION, as recorded in Plat Book 2, Page 24, Monroe County, Florida Public
Records, and being further described as follows:
Commencing at the Southwest comer of said Lot 4, bear North along the West line of
said Lot 4, 644.54 feet, to the Northwest corner of Easement "C" as recorded in Official
Record Book 1099, Page 2022 and 2023, and the POINT OF BEGINNING of said 25
foot easement; thence continue bearing North along the West line of said Lot 4, 32,67
feet, to the Southwest Corner of Parcel "D" as described above; thence bear East, along
the South line of said Parcel "D ", 25.00 feet, to the Northwest corner of Parcel "A" as
recorded in Official Records Book 1099, Page 1999 and 2000; thence bear South along
the West line of said Parcel "A ", 32.67 feet; thence bear West, 25.00 feet, back to the
POINT OF BEGINNING.
1.1.a
DocN 1565616
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FILCH X1110237 5
6K# 1 5 5 4 PG# 2 0 5 1
Less that property deeded by the Grantor by Warranty Deed recorded in Official Records
Book 1099, Pages 2022 -2024 of the Public Records of Monroe County, Florida, more
particularly described as follows:
IDEMBUFA13190d
Situated in the County of Monroe and State of Florida and known as being a 25 foot wide
easement over and upon a portion of Old State Highway 4A, and over and upon a portion
of Lot 4 of THOMPSON AND ADAMS SUBDIVISION of a part of Government Lot 1,
Section 10, Township 66 South, Range 32 East on Key Vaca as shown by plat recorded
in Plat Book 2, Page 24, of Monroe County, Florida, Public Records and more
particularly described as follows:
Commencing on the southerly right -of -way line of Old State Highway 4A at its
intersection with the southerly prolongation of the West line of Lot 4 of THOMPSON
AND ADAMS SUBDIVISION as shown by plat recorded in Plat Book 2, Page 24, of
Monroe County, Florida Public Records, said southerly right -of -way line being also the
northerly right -of -way line of U.S. Highway No. 1, and said intersection being also the
POINT OF BEGINNING of the Easement herein intended to be described; from said
POINT OF BEGINNING bear North 68.55 feet to the southwesterly corner of said Lot 4,
said southwesterly corner being located upon the northerly right -of -way line of said Old
State Highway 4A; thence continue bearing North along the West line of said Lot 4,
334.62 feet; thence bear southeasterly along the arc of a curve deflecting to the left, 52.58
feet, said curve having a radius of 50.49 feet, the chord of which bears South 29 degrees,
50 minutes, 11 seconds East 50.24 feet; thence bear South 352.57 feet to a point on the
said southerly right -of -way line of Old State Road No. 4A; thence bear South 74 degrees,
20 minutes, 00 seconds West along said right -of -way line 25.96 feet back to the POINT
OF BEGINNING.
The GRANTOR herein expressly retains and reserves to himself, his heirs, executors and
assigns, the sole right and option to re- locate the above described Easement "A" at the
sole expense of the GRANTOR, his heirs, executors and assigns along, over and across
the following described portion of GRANTOR'S property hereinafter referred to as
EASEMENT `B ". EASEMENT 'B" shall be equivalent in condition and construction to
the existing road which comprises Easement "A ". It is expressly agreed and understood
that upon completion of said relocation that Easement "A" shall be extinguished and the
parties hereto shall promptly execute an acknowledgment attesting to the extinguishment
of said Easement "A" and the completion of Easement "B".
EASEMENT `B" being a 25 foot wide easement over and upon a portion of Old State
Highway 4A, and over and upon a portion of Lot 4 of THOMPSON AND ADAMS
SUBDIVISION of a part of Government Lot 1, Section 10, Township 66 South, Range
32 East on Key Vaca as shown by plat recorded in Plat Book 2, Page 24 of the Monroe
County, Florida, Public Records, and more particularly described as follows:
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Commencing on the southerly right -of -way line of Old State I-jighway 4A at its
intersection with the southerly prolongation on the East line of Lot 4 of THOMPSON
AND ADAMS SUBDIVISION as shown by plat recorded in Plat Book 2, Page 24 of
Monroe County, Florida Public Records, said southerly right -of -way line of U.S.
Highway No. 1, and said intersection being also the POINT OF BEGINNING of the
Easement herein intended to be described; from said POINT OF BEGINNING bear North
68.55 feet to the southeasterly corner of said Lot 4, said southeasterly corner being
located upon the northerly right -of -way line of said Old State Highway 4A; thence
continue bearing North along the East line of said Lot 4, 230.29 feet to a point of
curvature thereon; thence bear Northwesterly along the arc of a curve, deflecting to the
left 79.31 feet, said curve having a radius of 50.49 feet, the chord of which bears North 45
degrees, 00 minutes, 00 seconds West 71.40 feet to a point of inflection; thence continue
Northwesterly on the arc of a curve, deflecting to the right 40.03 feet, said curve having a
radius of 25.49 feet, the chord of which bears North 45 degrees, 00 minutes, 00 seconds
West 36.05 feet to a point of tangency; thence bear South 43.58 feet; thence bear
Southeasterly on the arc of a curve, deflecting to the left, 26.73 feet, said curve having a
radius of 25.49 feet, the chord of which bears South 74 degrees, 50 minutes, 10 seconds
East 26.41 feet to a point of inflection; thence continue Southeasterly on the arc of a
curve, deflecting to the right, 40.03 feet, said curve having a radius of 25.49 feet, the
chord of which bears South 45 degrees, 00 minutes, 00 seconds East 36.05 feet to a point
of tangency; thence bear South 305.85 feet to a point on the said Southerly right -of -way
line of Old State Road 4A; thence bear North 74 degrees, 20 minutes, 00 seconds East
along said right -of -way line 25.96 feet back to the POINT OF BEGINNING.
ALSO
EASEMENT "C"
Situated in the County of Monroe and State of Florida and known as being a 25 foot wide
easement over and upon a portion of Lot 4 of THOMPSON AND ADAMS
SUBDIVISION of a part of Government Lot 1, Section 10, Township 66 South, Range
32 East on Key Vaca as shown by plat recorded in Plat Book 2, Page 24 of Monroe
County, Florida Public Records, and more particularly described as follows:
Commencing on the northerly right -of -way line of Old State Highway 4A at the
southwesterly corner of Lot 4 of THOMPSON AND ADAMS SUBDIVISION as shown
by plat recorded in Plat Book 2, Page 24 of Monroe County, Florida Public Records, bear
North along the West line of said Lot 4, 334.61 feet to the POINT OF BEGINNING of
the easement herein intended to be described; from said POINT OF BEGINNING
continue bearing North along the said West line of Lot 4, 309.93 feet; thence bear East
25.00 feet; thence bear South 353.31 feet; thence bear northwesterly on the arc of a curve
deflecting to the right 52.53 feet, said curve having a radius of 50.49 feet, the chord of
which bears North 29 degrees, 50 minutes, 11 seconds West 50.24 feet back to the
POINT OF BEGINNING.
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ALSO
EASEMENT "D"
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Situated in the County of Monroe and State of Florida and known as being an easement
over and upon a part of Lots 3 and 4 of being an easement over and upon a part of Lots 3
and 4 of THOMPSON AND ADAMS SUBDIVISION of a part of Government Lot 1,
Section 10, Township 66 South, Range 32 East on Key Vaca as shown by plat recorded
in Plat Book 2, Page 24 of Monroe County, Florida Public Records, said easement being
more particularly described as follows:
Commencing on the northerly right -of -way line of Old State Highway 4A at the
southwesterly comer of Lot 4 of THOMPSON AND ADAMS SUBDIVISION as shown
by plat recorded in Plat Book 2, Page 24 of Monroe County, Florida, Public Records,
bear North along the West line of said Lot 4, 644.54 feet; thence bear West 7.50 feet to
the POINT OF BEGINNTNG of the easement herein intended to be described; from said
POINT OF BEGINNING bear North 273.50 feet; thence bear East 15.00 feet; thence bear
South 273.50 feet; thence bear West 15.00 feet back to the POINT OF BEGINNING.
(NOTE S21_ d esksement easement contains the fWigwing Menant of the Grantee gi the easement)
By signing and acknowledging below, the GRANTEES herein, for themselves, their
heirs, executors and assigns, covenant with the GRANTOR, his heirs, executors and
assigns, that the GRANTEES, from time to time, and at all times hereafter agree that they
will be responsible for a proportionate share of the maintenance, repair and liability to the
aforementioned grants of easement rights of ingress and egress as more specifically stated
hereinafter.
Maintenance, repair and liability on Easement "A" and `B"
will be the responsibility of the GRANTOR herein, his heirs,
executors and assigns and maintenance, repair and liability
on Easement "C" and "D" will be the responsibility of
the GRANTEES herein, their heirs, executors and assigns.
Provided, however, that GRANTOR retains some rights
to make necessary and reasonable decisions and deter-
minations regarding required repair and maintenance
and future improvements to the easement rights of ingress
and egress granted in Easements "A" and "B ". Each party
agrees to maintain their respective easements so that each
easement is suitable to provide for passage and use as
herein contemplated. GRANTEES, their heirs, executors,
and assigns may at their sole option and expense, make
improvements other then in the course of regular repairs
and maintenance to the easements which they are
responsible for maintaining as set forth to hereinabove.
Provided however, that no such improvements shall
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hinder or obstruc affect any passage or detrimentally affe any other
easement rights for ingress or egress granted herein.
ALSO -- -
EASEMENT "E"
A one foot (1 ") wide easement running parallel with the Northern most boundary of
Parcel A, as more particularly described by metes and bounds as follows, to wit:
EXHIBIT a2 1 '
Situated in the County of Monroe and State of Florida and known as being a part of Lot 4
of THOMPSON AND ADAMS SUBDIVISION of a part of Government Lot 1, Section
10, Township 66 South, Range 32 East on Key Vaca as shown by plat recorded in Plat
Book 2, Page 24 of Monroe County, Florida Public Records, and more particularly
described as follows:
COMMENCING on the northerly right -of -way line of Old State Highway 4A at the
southeasterly comer of Lot 4 of THOMPSON AND ADAMS SUBDIVISION as shown
by plat recorded in Plat Book 2, Page 24 of Monroe County, Florida Public Records, bear
North along the East line of said Lot 4, 230.29 feet to the POINT OF BEGINNING of
that portion of Lot 4 herein intended to be described, from said POINT OF BEGINNING
bear northwesterly on the arc of a curve deflecting to the left 79.31 feet, said curve having
a radius of 50.49 feet, the chord of which bears North 45 degrees, 00 minutes, 00 seconds
West 71.40 feet to a point of inflection; thence continue northwesterly on the arc of a
curve, deflecting to the right, 40.03 feet, said curve having a radius of 25.49 feet, the
chord of which bears North 45 degrees, 00 minutes, 00 seconds West 36.05 feet to a point
of tangency; thence bear North 342.55 feet; thence bear East 75.97 feet to a-point on the
East line of said Lot 4; thence bear South along the East line of said Lot 4, 418.55 feet
back to the POINT OF BEGINNING and containing 28,367.63 square feet (0.6512 acres)
of land.
And from the Northeasterly comer of Parcel "A" continuing approximately 100.91 feet in
a Westerly direction parallel with the Northernmost boundary of said Parcel "A" for the
exclusive purpose of erecting a fence. All expenses, repair, maintenance and liability for
said fence to be borne solely by the GRANTEES herein, their heirs, executors and
assigns.
The GRANTOR retains the right to make all reasonable decisions and determinations
regarding required repair and maintenance and future improvements to the
aforementioned easement rights of ingress and egress granted herein, other than as
provided hereinabove.
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The GRANTOR herein expressly reserves to himself, his heirs, executors and assigns the
right to use the aforementioned easements across GRANTOR'S land, and the
GRANTEES herein for themselves, their heirs, executors and assigns agree to the joint
use of the above described easement rights of ingress and egress across GRANTOR'S
land by GRANTOR, his heirs, executors and assigns.
The aforementioned easements over GRANTOR'S above described land shall run with
GRANTOR'S land entitled thereto and be binding on the GRANTOR, his heirs,
executors and assigns and any person who shall hereafter acquire title to GRANTOR'S
property, and shall also run with GRANTEE'S land entitled thereto and be binding on the
GRANTEE'S, their heirs and assigns and any person who shall hereafter acquire title to
GRANTEE'S property.
EXHIBIT "A
Lots 1, 2, 3 and 4, THOMPSON & ADAMS SUBDIVISION, according to the Plat
thereof recorded in Plat Book 2, Page 24, of the Public Records of Monroe County,
Florida.
ALSO
A parcel of bay bottom land in the Bay of Florida at Key Vaca, Monroe County, Florida,
north of and adjacent to Lots 1, 2, 3 and 4 of "THOMPSON & ADAMS
SUBDIVISION ", as recorded in Plat Book 2, Page 24, Monroe County, Florida Records,
said bay bottom land also being in Section 10, Township 66 South, Range 32 East, and
more particularly described as follows:
Commencing at the intersection of the East line of Section 10, Township 66, South,
Range 32 East, and the northerly right -of -way line of Old State Highway No. 4A, run
southwesterly along the northerly right -of -way line of Old State Highway No. 4A for a
distance of 1258.44 feet to a point; thence with a deflected angle to the right of 105
degrees and 40 minutes and north for a distance of 850 feet, more or less, to the northwest
comer of Lot 1 of said "THOMPSON & ADAMS SUBDIVISION ", said comer also to
be known as the POINT OF BEGINNING of the bay bottom land hereinafter described;
from said POINT OF BEGINNING continue north for a distance of 260 feet more or less;
thence at right angles and easterly for a distance of 403.89 feet to a point; thence at right
angles and south for a distance of 210 feet, more or less to the shoreline; thence meander
the shoreline in a northwesterly, southeasterly and southwesterly direction for a distance
of 600 feet, more or less, back to the POINT OF BEGINNING.
ALSO
Part of Government Lot 1, Section 10, Township 66 South, Range 32 East and more
Darticularly described as follows:
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Commencing at a point where the Westerly boundary line of L4 1 of THOMPSON AND
ADAMS SUBDIVISION, a plat of which is recorded in Plat Book 2, Page 24 of Monroe
County, Florida Records, intersects with the Northern boundary line of the right -of -way
of U.S. Highway No. 1 of said. plat and running thence along the Northern boundary of-
said highway in a Northeasterly direction 209.74 feet to a point where the East boundary
line of Lot 2 of said plat intersects with the northern boundary of said highway;
thence running at a straight angle with the Eastern boundary line of said Lot 2 in a
southerly direction 66 feet, more or less, to the former right -of -way of the F.E.C. Ry.
t Company and which is the present right -of -way of the Overseas Road and Toll Bridge
c.
District;
thence along the northern boundary of said Overseas Road and Toll Bridge District's
right -of -way 209.74 feet;
thence North to the POINT OF BEGINNING.
ALSO
Part of Government Lot 1, Section 10. Township 66 South, Range 32 East and more
particularly described as follows:
Commencing at a point where the Westerly boundary line of Lot 3 of THOMPSON &
ADAMS SUBDIVISION, plat of which is recorded in Plat Book 2, Page 24 of Monroe
County, Florida Records, intersects with the Northern Boundary line of the right -of -way
of U.S. Highway No. 1 of said plat and running thence along the Northern boundary of
said highway in a Northeasterly direction 209.74 feet to a point where the East boundary
line of Lot 4 of said plat intersects with the Northern Boundary of said highway;
thence running at a straight angle with the Eastern boundary of said Lot 4 in a Southerly
direction 66 feet, more or less, to the former right -of -way of the F.E.C. Ry. Company and
which is now the present right -of -way of the Overseas Road & Toll Bridge District;
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Less that property deeded by the Grantor by Warranty Deed recorded in Official Records
Book 1189, page 2468 and 2469, of the Public Records of Monroe County, Florida, more
particularly described as follows:
A parcel of land, being a part of Lots 2 and 3, THOMPSON AND ADAMS
SUBDIVISION, as recorded in Plat Book 2, page 24, Vaca Key, Monroe County,
Florida, Public Records, and being further described as follows:
COMMENCING at the Southeast comer of Lot 3, of said THOMPSON AND ADAMS
SUBDIVISION, bear North along the East line of said Lot 3, 619.30 feet, to the POINT
OF BEGINNING; thence continue bearing North, along the East line of said Lot 3, 25.24
feet, to the Easterly projection of the South line of Parcel `B" as recorded in Official
Record Book 1099, page 1999, thence bear West, to and along said South line of Parcel
"B ", 136.92 feet, more or less, to the mean high waterline of an existing canal; thence
bear South 10 degrees, 19 minutes, 44 seconds East, along said mean high water line,
25.66 feet, more or less, to a point which is West from the POINT OF BEGINNING;
thence bear East, 132.32 feet, more or less, to the POINT OF BEGINNING.
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A parcel of bay- bottom land, being a portion of the bay- bottom land as recorded in
Official Record Book 762, Pages 244 to 261; said bay- bottom land also being that portion
of bay- bottom land lying West of a portion of Parcel `B" as recorded in Official Record
Book 1099, Page 1999 and 2000, Vaca Key, Monroe County, Florida, Public Records,
and being further described as follows:
Commencing at the Southeast corner of Lot 3 of said THOMPSON AND ADAMS
SUBDIVISION, bear North along the East line of said Lot 3, 918.04 feet, to a line which
is projected East from the most Easterly North corner of Parcel `B" as recorded in
Official Record Book 1099, page 1999 and 2000; thence bear West, to and along the
Northerly line of said Parcel "B ", 101.00 feet; thence bear North along the line of Parcel
"B ", 73.71 feet; thence bear South 87 degrees, 49 minutes, 49 seconds West, along the
most Northerly line of said Parcel `B ", 32.58 feet, to the Northwest corner of an existing
concrete dock as described in said Parcel `B" and the POINT OF BEGINNING; thence
bear South 01 degrees, 22 minutes, 17 seconds East, along the West edge of said concrete
dock, 104.27 feet, to the Southwesterly corner thereof; thence bear North 86 degrees, 39
minutes, 21 seconds West, 20.62 feet, to a point in an existing canal on the West line of
said bay - bottom as described in Official Records Book 762, Page 244 to 255; thence bear
North, 103.04 feet, to a point in said canal, thence bear East 18.09 feet, to the POINT OF
BEGINNING.
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"F*
A parcel of land being a part of Lots 2 and 3, THOMPSON AND ADAMS
SUBDIVISION, as recorded in Plat Book 2, page 24, and filled bay bottom land, as
recorded Records Book 762, page 244, Vaca Key, Monroe County, Florida;
Public Records, and being further described as follows:
Commencing at the Southeast corner of Lot 3 of said THOMPSON AND ADAMS
SUBDIVISION, bear North along the East line of said Lot 3, 918.04 feet, to a line which
is projected East from the most Easterly North comer of Parcel `B" as recorded in
Official Record Book 1099, Page 1999 and 2000, and the POINT OF BEGINNING;
thence bear West, to and along the Northerly line of said Parcel "B ", 101.00 feet; thence
bear North, along the line of Parcel `B ", 73.71 feet; thence bear South 87 degrees, 49
minutes and 49 seconds West, along the most Northerly line of said Parcel "B ", 27.46
feet, to the mean high water line of an existing canal; thence meander the mean high
water line in a generally Northerly and the Easterly direction on the following four (4)
descriptive courses:
1. Thence North 00 degrees, 31 minutes, 25 seconds West, 94.97 feet;
2. Thence North 59 degrees, 21 minutes, 02 seconds East, 21.87 feet;
3. Thence North 86 degrees, 44 minutes, 19 seconds East, 44.72 feet;
4. Thence North 88 degrees, 08 minutes, 09 seconds East, 65.87 feet, to the East line
of said Lot 3; thence bear South, along the East line of said Lot 3, 183.47 feet,
more or less, back to the POINT OF BEGINNING.
02
A parcel of bay bottom land, being a portion of the bay bottom land as recorded in
Official Records Book 762, page 244 to 251; said bay bottom land also being that portion
of bay bottom land lying North and West of Parcel "E" as described above, Vaca Key,
Monroe County, Florida, Public Records, and being further described as follows:
Commencing at the Southeast comer of Lot 3 of said THOMPSON AND ADAMS
SUBDIVISION, bear North along the East line of said Lot 3, 918.04 feet to a line which
is projected East from the most Easterly North corner of Parcel "B" as recorded in
Official Record Book 1099, page 1999 and 2000; thence bear West, to and along the
Northerly line of said Parcel "B ", 101.00 feet; thence bear North, along the line of Parcel
U `B ", 73.71 feet; thence bear South 87 degrees, 49 minutes, 49 seconds West, along the
most Northerly line of said Parcel `B ", 27.46 feet, to the mean high water line of an
existing canal; and the POINT OF BEGINNING; thence meander the mean high water
-� line in a generally Northerly and then Easterly direction on the following four (4)
C " descriptive courses:
1. Thence North 00 degrees, 31 minutes, 25 seconds West, 94.97 feet;
2. Thence North 59 degrees, 21 minutes, 02 seconds East, 21.87 feet;
3. thence North 86 degrees, 44 minutes, 19 seconds East, 44.72 feet;
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4. Thence North 88 degrees, 08 minutes, 09 seconds East feet; to the East line
of said Lot 3, thence bear North, along the Northerly projection of the East line of said
Lot 3, 524 feet, more or less, to the North line of the bay bottom land as recorded in
Official Record Book 762, Pages 244 to 251; thence bear West, along said North line of
the bay bottom land, 100 feet, more or less, to the East line of the bay bottom land of
Little Emma Island, as recorded in Official Record Book 247, page 535; thence bear
South along said East line of said bay bottom land of Little Emma Island, 250 feet, more
or less; thence bear West, along the South line of said bay bottom land of Little Emma
Island, 50 feet, more or less, to a line which is bearing North from a point which bears
West, 23.21 feet, from the POINT OF BEGINNING; thence bear South along said line,
384 feet, more or less, to said point, thence bear East, 23.21 feet, back to the POINT OF
BEGINNING.