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Item R4 R.4 G BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Heather Carruthers,District 3 IleOI1da Keys Mayor Pro Tern Michelle Coldiron,District 2 �p.° Craig Cates,District I David Rice,District 4 Sylvia J.Murphy,District 5 County Commission Meeting January 22, 2020 Agenda Item Number: R.4 Agenda Item Summary #6500 BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2506 n/a AGENDA ITEM WORDING: A resolution by the Monroe County Board of County Commissioners authorizing the conveyance by quit claim deed to the Board of Trustees of the Internal Improvement Trust Fund of Florida (TIITF) a Portion of the Right-Of-Way of Old State Road 4a and all of the Right-Of-Way of Loop Road; lying within Section 31, Township 66 South, Range 28 East, Government Lot 6; Section 6, Township 67 South, Range 28 East, Government Lots 3, 2, and 7; Section 7, Township 67 South, Range 28 East, Government Lots 2 and 4; Section 12, Township 67 South, Range 27 East, Government Lots 6 and 7; also a 50 Foot Strip known as Loop Road, Lying in Sugarloaf Key, Section 12, Township 67 South, Range 27 East, Government Lots 1, 2, 3, 5, and 7; Section 11, Township 67 South, Range 27 East; Monroe County, Florida. ITEM BACKGROUND: Section 125.38, Florida Statutes, empowers the Monroe County Board of County Commissioners (BOCC) to convey real property when requested by the United States, or any department or agency thereof, the state or any political subdivision or agency thereof, or any municipality of this state, or corporation or other organization not for profit which may be organized for the purposes of promoting community interest and welfare and is not needed for county purposes. On June 25, 2019, the Planning and Environmental Resources Department received an application from the Board of Trustees of the Internal Improvement Trust Fund of Florida (TIITF) to abandon a portion of the right-of-way of Old State Road 4A and all of the right-of-way of Loop Road lying within Section 31, Township 66 South, Range 28 East, Government Lot 6; Section 6, Township 67 South, Range 28 East, Government Lots 3, 2, and 7; Section 7, Township 67 South, Range 28 East, Government Lots 2 and 4; Section 12, Township 67 South, Range 27 East, Government Lots 6 and 7; also a 50 foot strip known as Loop Road, lying in Sugarloaf Key, Section 12, Township 67 South, Range 27 East, Government Lots 1, 2, 3, 5, and 7; Section 11, Township 67 South, Range 27 East; of Monroe County, Florida. By virtue of the right-of-way abandonment request above, TIITF has therefore requested a conveyance of the property described above from the County to the State of Florida. Based on Section 125.38, F.S., staff has determined that conveyance by quit claim deed would be an Packet Pg. 3037 R.4 appropriate method of transfer, rather than conveyance by right of way abandonment. This process would permit the County to insert conditions to maintain public access as deed restrictions that may have been subject to challenge if the right of way was abandoned. All properties abutting the requested right-of-way of Old State Road 4A and Loop Road are owned by the TIITF; the properties are leased and managed by the Florida Fish and Wildlife Conservation Commission (FWC). The request is being made in order to be consistent with FWC's management plan and will improve and increase appropriate passive recreational opportunities such as hiking, biking, birding, other wildlife viewing, paddle boarding, snorkeling, and nature photography. Subject portions of the rights of wa are indicated in red below: JA 4. f 'f I Rx ` t C, SITE 4 w r On September 18, 2019 (setting public hearing), October 16, 2019, and November 20, 2019, the BOCC discussed the proposed right of way abandonment. In the course of these discussions, the BOCC requested that deed restrictions be enacted that would ensure that the existing non-vehicular public access be maintained for recreational use. In lieu of a right of way abandonment, the proposed quit claim deed would include the following restrictions to satisfy these requests: 1. Public non-vehicular access to open water at the northern and southern terminus points of Old State Road 4A (Parcel ID: 00119720-000000) shall be maintained at a minimum at current existing conditions as of the date of the execution of this deed in the area noted as "No Existing Bridge" as shown on Page 5 of 10 of the Boundary Survey (Attachment B) signed and sealed by Scott Packet Pg. 3081 R.4 R. Urquhart, Professional Surveyor and Mapper, Cardno, dated May 31, 2019. 2. Public non-vehicular access to open water on Loop Road (Parcel ID: 00118910-000000) shall be maintained at a minimum at current existing conditions as of the date of the execution of this deed as shown on Page 10 of 10 of the Boundary Survey (Attachment B) signed and sealed by Scott R. Urquhart, Professional Surveyor and Mapper, Cardno, dated May 31, 2019. 3. Gate access is maintained at a minimum at current existing conditions as of the date of the execution of this deed for emergency services at the northern terminus point of Old State Road 4A (Parcel ID: 00118330-000000). The "metal gate northerly access" is depicted on Page 6 of 10 of the Boundary Survey (Attachment B) signed and sealed by Scott R. Urquhart, Professional Surveyor and Mapper, Cardno, dated May 31, 2019. 4. Public non-vehicular access shall be maintained at a minimum at current existing conditions as of the date of the execution of this deed for pedestrian access on parcels one (1) and two (2) as legally described above. 5. Items A through D shall be a covenant running with the land in perpetuity. PREVIOUS RELEVANT BOCC ACTION: 9/18/19 BOCC approval of Resolution No.071-2019 setting hearing date for ROW abandonment 10/16/19 (R3) BOCC continued the public hearing to BOCC 11/20/19 in Key West, FL at 1:30 P.M. or as soon thereafter as may be heard CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: Approval DOCUMENTATION: Resolution Quit Claim Deed with Restrictions for Loop Rd and Old State Rd 4A_FINAL DRAFT 11.18.19 Attachment A to deed FINANCIAL IMPACT: Effective Date: Expiration Date: Packet Pg. 3039 R.4 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: N/A Additional Details: REVIEWED BY: Emily Schemper Completed 01/14/2020 3:43 PM Steve Williams Completed 01/14/2020 4:16 PM Bob Shillinger Completed 01/14/2020 4:40 PM Maureen Proffitt Completed 01/14/2020 4:43 PM Assistant County Administrator Christine Hurley Skipped O1/14/2020 6:03 PM Budget and Finance Skipped 01/14/2020 4:55 PM Maria Slavik Skipped 01/14/2020 4:55 PM Kathy Peters Completed 01/14/2020 6:03 PM Board of County Commissioners Pending 01/22/2020 9:00 AM Packet Pg. 3040 R.4.a 1 3 4 5 A 7 8 MONROE COUNTY, FLORIDA 9 BOARD OF COUNTY COMMISSIONERS 10 RESOLUTION NO. -2020 11 12 A RESOLUTION BY THE MONROE COUNTY BOARD OF ®_ 13 COUNTY COMMISSIONERS AUTHORIZING THE 14 CONVEYANCE BY QUIT CLAIM DEED TO THE BOARD OF 15 TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST � 16 FUND OF FLORIDA (TIITF) A PORTION OF THE >~II IIT-OF- 17 WAY OF OLD STATE ROAD 4A. AND ALL OF THE RIGHT- OF-WAY OF LOOP ROAD;; LYING WITHIN SECTION 31, 19 TOWNSHIP 66 ,SOUTH, DANCE 28 EAST, GOVERNMENT 20 LOT 6; SECTION 6, TOWNSHIP 67 SOUTH, MANGE 28 EAST, 21 GOVERNMENT LOTS 3, 2, AND 7; SECTION 7, TOWNSHIP � 22 67 SOUTH, RANGE 28 EAST, GOVERNMENT LOTS 2 AND 4; - 23 SECTION 12, TOWNSHIP 67 SOUTH, RANGE 27 EAST, 24 GOVERNMENT LOTS 6 AND 7; ALSO A 50 FOOT STRIP 25 KNOWN AS LOOP ROAD, LYING IN SUGARLOA_F KEY, 26 SECTION 12, TOWNSHIP 67 SOUTH, FIANCE 27 EAST, 2.7 GOVERNMENT LOTS 1, 2, 3, 5, AND 7; SECTION 1.1, 28 TOWNSHIP 67 SOUTH, RANGE 27 EAST; M NIA E 29 COUNTY, FLORIDA. 30 31 32 WHEREAS, Section 1.25.38, Florida Statutes, empowers the Monroe County Board of 0 33 County Commissioners (BOCC) to convey real property when requested by the: United States, o� 0 34 any department or agency thereof, the state or any political subdivision or agency thereof, or any 35 municipality of this state, or corporation or other organization not for profit which may be � 36 organized for the purposes of promoting community interest and welfare and is not: needed for � 37 county purposes; and 38 29 WHEREAS, an application was :filed by Board of Trustees of the Internal Improvement 40 Trust Fund of Florida (TII:TF), to abandon a portion of the right-of-way of fold State Road 4 41 and all of the right-of-way of Loop load lying; within Section 31, Township 66 Sough, Range 28 42 East, Government Lot 6„ Section 6, Township 67 South, Range 28 East, Government Lots 3, 2,. 45 and 7; Section 7, Township 67 South, Range 28 East, Government Lots 2 .and 4; Section 12, 44 Township 67 South, Range 27 East, Government Lots 6 and 7; also a 50 foot strip known as 45 Loop road., lying in Sugarloaf Ivey, Section 1.2, Township 67 South, Range 27 East, Government File#2019-1 19 Tugs I of 3 Packet Pg. 3041 I Lots 1, 2, 3, 5, and 7; Section 1.1., Township 67 South, Range 27 East; of Monroe County, 2 Florida; and 3 4 WHEREAS, by virtue of the right-of-way abandonment request above, TllTF has 5 requested a conveyance of the property described above from the County to the State of Florida; 6 and 7 8 WHEREAS, the BOCC considered the request at a regularly scheduled meeting held on 9 January 22, 2020, and wishes to convey all interest in the subyject rights-of-way to TITTF with 10 certain restrictions to maintain the current public non-vehicular access on said property; E� 11 0 12 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 13 COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT the County Administrator 14 or his designee is hereby authorized to execute a quit claim deed conveying all interest in the 15 rights-of-way described herein with the following conditions: E 16 17 1 Public non-vehicular access to open water at the northern and southern terminus a 18 points of Old State Road 4A (Parcel ID. 00119720-000000) shall be maintained at a 19 minimum at current existing conditions as of the date of the execution of this deed 4- 20 in the area noted as "No Existing Bridge" as shown on Page 5 of 10 of the 21 Boundary Survey (Attache neat B) signed and sealed by Scott R. Urquhart, 22 Professional Surveyor and Mapper, Cardno, dated May 31, 2019. 23 0 24 2. Public non-vehicular access to open water on Loop Road (Parcel ID: 00118910- 25 000000) shall be maintained at a minimuni at current existing conditions as of the 0 0 26 date of the execution of this deed as shown on Page 10 of 10 of the Boundary 27 Survey (Attachment B) signed and sealed by Scott R. Urquhart, Professional 28 Surveyor and Mapper, Cardno, dated May 31, 2019. 29 0 U) 30 3. Gate access is maintained at a minimum at current existing conditions as of the date 31 of the execution of this deed for emergency services at the northern terminus point 32 of Old State Road 4A (Parcel ID: 001.18330-000000). The "rnetal gate northerly 33 access" is depicted on Page 6 of 10 of the Boundary Survey (Attachment 13) signed 34 and sealed by Scott R. Urquhart, Professional Surveyor and Mapper, Cardno, dated 35 May 31, 2019. 36 37 4. Public non-vehicular access, shall be maintained at a ininimurn at current existing 38 conditions as of the date of the execution of this deed for pedestrian access on 39 parcels one (1) and two (2) as legally described above. 40 41 5. Items A through D shall be a covenant running with the land in perpetuity. 42 File#2019-119 Page 2 of3 Packet Pg. 3042 i PASSED AND ADOPTE D by the Board of County Commissioners of Monroe County, Florida, 2 at a regular meeting of the Board held on the 22"" day of January, 2020. 3 4 Mayor Heather Carruthers 5 Mayor Pro Tern Michelle Coldiron Commissioner Craig Cates 7 Commissioner David Rice 9 C0111111i.SSioner Sylvia J. Murphy 9 10 I I BOARD OF COUNTY COMMISSIONERS 12 OF MONROE COUNTY, FLORIDA 13 0 14 15 BY 16 (SEAL) MAYOR HEATHER CARRUTHERS E 17' 8 ATTEST: KEVIN MADOK, CLERK 19 a 20 MON;06 COUNTY T Sy 21 22 Deputy Clerk AMMAN— Y N I T0#WjV to 0 w CL 0 0 zz� 0 U) File#1 2019-119 Page 3 of 3 Packet Pg. 3043 R.4.b Prepared By: ) a After Recording Return To: ) (n 0 CL 00 17 QUIT CLAIM DEED LL This quit claim deed made this day of 2020 between Monroe County, Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, grantor, and Board of Trustees of the Internal Improvement Trust Fund of Florida, whose post office address is 3900 Commonwealth Blvd., MS 130, Tallahassee, FL 32399-3000, grantee: (Whenever used herein the term "grantor"and"grantee"include all of'the parties to this instrument and the heirs, legal representatives,and assigns of individuals,and the successors and assigns of corporations,trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, does hereby remise, release, and quitclaim to the said grantee, and grantee's heirs and assigns forever, all the right, title, interest, claim and demand which 0 grantor has in and to the following described land, situate, lying and being in Monroe County, Florida to-wit: ,0 U) LEGAL DESCRIPTION: PARCEL 1, STATE ROAD 939 (OLD 4-A) 2 a ALL THAT PORTION OF THE FLORIDA STATE ROAD NUMBER 4-A, WHICH IS ALSO KNOWN AS FLORIDA STATE ROAD NUMBERS 939 AND 939-A, SUGARLOAF KEY, MONROE COUNTY, FLORIDA; LYING WITHIN SECTION 31, TOWNSHIP 66 SOUTH, RANGE 28 EAST, GOVERNMENT LOT 6; SECTION 6, TOWNSHIP 67 SOUTH, RANGE 28 EAST, GOVERNMENT LOTS 3, 2, AND 7; SECTION 7, TOWNSHIP 67 SOUTH, RANGE 28 EAST, GOVERNMENT LOTS 2 AND 4; SECTION 12, TOWNSHIP 67 E SOUTH, RANGE 27 EAST, GOVERNMENT LOTS 6 AND 7; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 12, TOWNSHIP 67 SOUTH, RANGE 27 EAST, MONROE COUNTY, FLORIDA; THENCE S 89'26'18" E E ALONG THE SOUTH LINE OF SAID SECTION 12 A DISTANCE OF 327.46 FEET TO A Packet Pg. 3044 R.4.b POINT ON THE NORTHERLY RIGHT OF WAY OF STATE ROAD NO. 939 (OLD STATE ROAD 4-A), THENCE ALONG SAID NORTHERLY RIGHT OF WAY FOR THE FOLLOWING FIVE(5) COURSES: 1) THENCE N 68°44'05" E FOR A DISTANCE OF 461.91 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT; 2) THENCE 4- NORTHERLY ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 851.51 FEET, A DELTA ANGLE OF 12°43'00", CHORD BEARING N 75°05'35" E AND A CHORD DISTANCE OF 188.60 FEET, FOR 188.99 FEET TO END OF SAID CURVE; 3) THENCE N 8102705" E FOR A DISTANCE OF 1052.76 FEET TO THE BEGINNING OF A CURVE TO THE LEFT; 4) THENCE NORTHEASTERLY ALONG SAID CURVE TO THE 0 LEFT, HAVING A RADIUS OF 5696.58 FEET, A DELTA ANGLE OF 03008-00", CHORD CL BEARING N 79035'05" E AND A CHORD DISTANCE OF 311.49 FEET, FOR 311.53 FEET 0 TO THE END OF SAID CURVE; 5) THENCE N 780 19'05" E FOR A DISTANCE OF 362.31 zz" FEET TO THE INTERSECTION WITH THE WESTERLY LINE OF GOVERNMENT LOT 17 00 6 AND BEING THE POINT OF BEGINNING; THENCE CONTINUE ALONG THE 17 NORTHERLY AND WESTERLY RIGHT OF WAY LINE OF STATE ROAD 939 (OLD STATE ROAD 4-A) FOR THE FOLLOWING THIRTEEN(13) COURSES: 1) THENCE N 780 19'05" E FOR A DISTANCE OF 1241.99 FEET; 2) THENCE N 78045'05" E FOR A DISTANCE OF 325.26 FEET TO THE BEGINNING OF A CURVE TO THE LEFT; 3) THENCE NORTHEASTERLY ALONG SAID CURVE TO THE LEFT, HAVING A z RADIUS OF 391.41 FEET, A DELTA ANGLE OF 18019-00", CHORD BEARING N 69035'35" E AND A CHORD DISTANCE OF 124.60 FEET, FOR 125.13 FEET TO END OF SAID CURVE; 4) THENCE N 60026'05" E FOR A DISTANCE OF 2786.93 FEET TO THE 'a BEGINNING OF A CURVE TO THE LEFT; 5) THENCE NORTHEASTERLY ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 362.14 FEET, A DELTA ANGLE 2 OF 26005'00", CHORD BEARING N 47023'35" E AND A CHORD DISTANCE OF 163.44 'a FEET, FOR 164.86 FEET TO END OF SAID CURVE; 6) THENCE N 34021'05" E FOR A DISTANCE OF 976.54 FEET TO THE BEGINNING OF A CURVE TO THE LEFT; 7) THENCE NORTHEASTERLY ALONG SAID CURVE TO THE LEFT, HAVING A 'a RADIUS OF 300.76 FEET, A DELTA ANGLE OF 30019-00", CHORD BEARING N CL 19011'35" E AND A CHORD DISTANCE OF 157.29 FEET, FOR 159.14 FEET TO THE 0 END OF SAID CURVE; 8) THENCE N 04002'05" E FOR A DISTANCE OF 888.66 FEET; 9) 1- THENCE N 0400705" E FOR 4892.70 FEET TO THE BEGINNING OF A CURVE TO THE LEFT; 10) THENCE NORTHEASTERLY ALONG SAID CURVE TO THE LEFT, HAVING 0 A RADIUS OF 504.15 FEET, A DELTA ANGLE OF 41031'00", CHORD BEARING N 2- 16°38'25" W AND A CHORD DISTANCE OF 357.37 FEET, FOR 365.31 FEET TO THE END OF SAID CURVE; 11) THENCE N 37023'55" W FOR A DISTANCE OF 548.00 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT; 12) THENCE NORTHEASTERLY ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 428.14 FEET, A DELTA 'a ANGLE OF 44008'30", CHORD BEARING N 15019-40" W AND A CHORD DISTANCE 321.75 FEET, FOR 329.85 FEET TO END OF SAID CURVE; 13) THENCE N 06044'35" E FOR A DISTANCE OF 1365.15 FEET TO THE INTERSECTION WITH THE NORTHERLY LINE OF GOVERNMENT LOT 6; THENCE S 89048'19" E FOR A DISTANCE OF 66.43 FEET ALONG SAID NORTHERLY LINE TO THE INTERSECTION WITH THE SOUTHEASTERLY RIGHT OF WAY LINE OF STATE ROAD 939 (OLD STATE ROAD 4- A); THENCE ALONG SAID RIGHT OF WAY LINE FOR THE FOLLOWING THIRTEEN (13) COURSES: 1) THENCE S 06044'35" W FOR A DISTANCE OF 1372.73 FEET TO THE Packet Pg. 3045 R.4.b BEGINNING OF A CURVE TO THE LEFT; 2) THENCE SOUTHEASTERLY ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 362.14 FEET, A DELTA ANGLE OF 44008'30", CHORD BEARING S 15019'40" E AND A CHORD DISTANCE OF 272.15 FEET, FOR 279.00 FEET TO THE END OF SAID CURVE; 3) THENCE S 37023'55" E FOR A DISTANCE OF 548.00 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT; 4) c THENCE SOUTHEASTERLY ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 570.15 FEET, A DELTA ANGLE OF 41031'00", CHORD BEARING S 16038'25" E AND A CHORD DISTANCE OF 404.15 FEET, FOR 413.13 FEET TO THE END OF SAID CURVE; 5) THENCE S 0400705" W FOR A DISTANCE OF 4892.60 FEET, 0 6) THENCE S 04002-05" W FOR A DISTANCE OF 888.66 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT; 7) THENCE SOUTHEASTERLY ALONG SAID CURVE TO 0 THE RIGHT, HAVING A RADIUS OF 366.76 FEET, A DELTA ANGLE OF 30019-00", zz" CHORD BEARING S 19011'35" W AND A CHORD DISTANCE OF 191.81 FEET, FOR 17 00 194.06 FEET TO THE END OF SAID CURVE, 8) THENCE S 34021-05" W FOR A 17 DISTANCE OF 976.54 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT; 9) THENCE SOUTHWESTERLY ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 428.14 FEET, A DELTA ANGLE OF 26005-00", CHORD BEARING S 47023'35" W AND CHORD DISTANCE OF 193.23 FEET, FOR 194.91 FEET TO THE END OF SAID CURVE; 10) THENCE S 60026'05" W FOR A DISTANCE OF 2786.93 FEET TO z THE BEGINNING OF A CURVE TO THE RIGHT; 11) THENCE SOUTHWESTERLY ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 457.41 FEET, A DELTA ANGLE OF 18019'00", CHORD BEARING S 69035-35" W AND A CHORD DISTANCE OF 'a 145.61 FEET, FOR 146.23 FEET TO END OF SAID CURVE; 12) THENCE S 78045'05" W FOR A DISTANCE OF 325.26 FEET; 13) THENCE S 780 19'05" W FOR A DISTANCE OF 1255.24 FEET; THENCE N 00005'05" E FOR A DISTANCE OF 67.42 FEET TO THE 'a INTERSECTION OF THE NORTHERLY RIGHT OF WAY OF STATE ROAD 939 (OLD STATE ROAD 4-A) AND THE POINT OF BEGINNING. AND, 0 0 LEGAL DESCRIPTION: PARCEL 2, LOOP ROAD I- 0 U) A 50 FOOT STRIP OF LAND KNOWN AS LOOP ROAD, LYING IN SUGARLOAF KEY, SECTION 12, TOWNSHIP 67 SOUTH, RANGE 27 EAST, GOVERNMENTS LOTS, 1, 2, 3 2- 5, AND 7; SECTION 11, TOWNSHIP 67 SOUTH, RANGE 27 EAST; SAME STRIP OF U) LAND AS RECORDED IN OFFICIAL RECORDS BOOK 1042, PAGES 52 THROUGH 54, MONROE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 12, TOWNSHIP 67 SOUTH, RANGE 27 EAST; THENCE RUN S 89026'18" E ALONG THE SOUTH LINE OF SAID SECTION 12 FOR A DISTANCE OF 327.46 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF STATE ROAD NO. 939 (OLD STATE ROAD 4- A); THENCE ALONG SAID NORTHERLY RIGHT OF WAY LINE FOR THE FOLLOWING FIVE(5) COURSES: 1) THENCE N 68044'05" E FOR A DISTANCE OF 461.91 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT; 2) THENCE E NORTHERLY ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 851.51 Packet Pg. 3046 R.4.b FEET, A DELTA ANGLE OF 12°43'00", CHORD BEARING N 75°05'35" E AND A CHORD DISTANCE OF 188.60 FEET, FOR 188.99 FEET TO END OF SAID CURVE; 3) THENCE N 8102705" E FOR A DISTANCE OF 1052.76 FEET TO THE BEGINNING OF A CURVE TO THE LEFT; 4) THENCE NORTHEASTERLY ALONG SAID CURVE TO THE 4- LEFT, HAVING A RADIUS OF 5696.58 FEET, A DELTA ANGLE OF 03008'00", CHORD BEARING N 79035'05" E AND A CHORD DISTANCE OF 311.49 FEET, FOR 311.53 FEET TO THE END OF SAID CURVE; 5) THENCE N 780 19'05" E A DISTANCE OF 311.23 FEET TO THE INTERSECTION WITH THE WESTERLY RIGHT OF WAY LINE OF LOOP ROAD, SAID WESTERLY RIGHT OF WAY LINE ALSO BEING THE OUTER 0 LINE OF SAID RIGHT OF WAY AND THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID WESTERLY RIGHT OF WAY AND OUTER LINE FOR THE 0 FOLLOWING FOURTEEN (14) COURSES: 1) THENCE N 00005'05" E ALONG SAID OUTERMOST RIGHT OF WAY LINE OF LOOP ROAD FOR A DISTANCE OF 445.15 00 FEET TO THE BEGINNING OF A CURVE TO THE LEFT; 2) THENCE 17 NORTHWESTERLY ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 1407.40 FEET, A DELTA ANGLE OF 41019-08", CHORD BEARING N 20034-29" W AND A CHORD DISTANCE OF 993.10 FEET, FOR 1014.95 FEET TO END OF SAID CURVE; 3) THENCE N 41014-03" W FOR A DISTANCE OF 1127.13 FEET TO THE BEGINNING OF A CURVE TO THE LEFT; 4) THENCE NORTHWESTERLY ALONG SAID CURVE z TO THE LEFT, HAVING A RADIUS OF 2839.79 FEET, A DELTA ANGLE OF 22030-00", CHORD BEARING N 52029'03" W AND A CHORD DISTANCE OF 1108.03 FEET, FOR 1115.18 FEET TO THE END OF SAID CURVE; 5) THENCE N 63044'03" W FOR A DISTANCE OF 520.00 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT; 6) THENCE NORTHEASTERLY ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 741.20 FEET, A DELTA ANGLE OF 180000-00", CHORD BEARING N 26015'57" E AND A CHORD DISTANCE OF 1482.40 FEET, FOR 2328.55 FEET TO THE END OF SAID CURVE; 7) THENCE S 63044'03" E FOR A DISTANCE OF 560.01 FEET TO THE BEGINNING OF A CURVE TO THE LEFT; THENCE NORTHEASTERLY ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 547.96 FEET, A DELTA ANGLE OF 90000'00", CHORD BEARING 71015'57" E AND CHORD DISTANCE OF 774.93 FEET, FOR 860.73 FEET TO THE END OF SAID CURVE; 8) THENCE N 260 15'57" E FOR A DISTANCE OF 1647.78 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT; 9) THENCE SOUTHEASTERLY ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 175.00 FEET, A DELTA ANGLE OF 180000-00", CHORD 2- BEARING S 63044'03" E AND CHORD DISTANCE OF 350.00 FEET, FOR 549.78 FEET U) TO THE END OF SAID CURVE; 10) THENCE S 260 15'57" W FOR A DISTANCE OF 770.00 FEET TO THE BEGINNING OF A CURVE TO THE LEFT; 11) THENCE SOUTHEASTERLY ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 1407.40 FEET, A DELTA ANGLE OF 63000-00", CHORD BEARING S 05014-03" E AND CHORD DISTANCE OF 1470.73 FEET, FOR 1547.52 FEET TO THE END OF SAID CURVE; 12) THENCE S 36044'03" E FOR A DISTANCE OF 1726.73 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT; 13) THENCE SOUTHEASTERLY ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 5754.58 FEET, A DELTA ANGLE OF 07010'08", CHORD BEARING S 33008-59" E AND CHORD DISTANCE OF 719.55 FEET, FOR 720.02 FEET TO THE END OF SAID CURVE; 14) THENCE S 29033'55" E FOR A DISTANCE OF 1097.06 FEET TO THE NORTHERLY RIGHT OF c� Packet Pg. 3047 R.4.b WAY OF STATE ROAD NO. 939 (OLD STATE ROAD 4-A); THENCE S 60°26'05" W ALONG SAID RIGHT OF WAY OF STATE ROAD NO. 939 FOR A DISTANCE OF 50.00 FEET TO THE INNER LINE OF SAID RIGHT OF WAY; THENCE ALONG SAID INNER LINE FOR THE FOLLOWING FIFTEEN(15) COURSES: 1) THENCE N 29°33'55" W FOR A DISTANCE OF 1097.06 FEET TO THE BEGINNING OF A CURVE TO THE LEFT; 2) c THENCE NORTHWESTERLY ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 5704.58 FEET, A DELTA ANGLE OF 07010'08", CHORD BEARING N 33008'59" W AND CHORD DISTANCE OF 713.30 FEET, FOR 713.76 FEET TO THE END OF SAID CURVE; 3) THENCE N 36044'03" W FOR A DISTANCE OF 1726.73 FEET TO 0 THE BEGINNING OF A CURVE TO THE RIGHT; 4) THENCE NORTHWESTERLY ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 1457.40 FEET, A 0 DELTA ANGLE OF 63000'00", CHORD BEARING 05014'03" W AND CHORD zz" DISTANCE OF 1522.98 FEET, FOR 1602.49 FEET TO THE END OF SAID CURVE; 5) 17 00 THENCE N 260 15'57" E FOR A DISTANCE OF 770.00 FEET TO THE BEGINNING OF A 17 CURVE TO THE LEFT; 6) THENCE NORTHWESTERLY ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 125.00 FEET, A DELTA ANGLE OF 180000-00", CHORD BEARING 63044'03" W AND A CHORD DISTANCE OF 250.00 FEET, FOR 392.70 FEET TO THE END OF SAID CURVE; 7) THENCE S 260 15'57" W FOR A DISTANCE OF 1647.78 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT; 8) THENCE z SOUTHWESTERLY ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 597.96 FEET, A DELTA ANGLE OF 90000-00", CHORD BEARING S 71015-57" W AND A CHORD DISTANCE OF 845.64 FEET, FOR 939.27 FEET TO THE END OF SAID CURVE; 'a 9) THENCE N 63044-03" W FOR A DISTANCE OF 560.01 FEET TO THE BEGINNING OF A CURVE TO THE LEFT; 10) THENCE SOUTHERLY ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 691.20 FEET, A DELTA ANGLE OF 180000-00", CHORD 'a BEARING S 26015'57" W AND A CHORD DISTANCE OF 1382.40, FOR 2171.47 FEET TO 0 THE END OF SAID CURVE; 11) THENCE S 63044'03" E FOR A DISTANCE OF 520.00 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT; 12) THENCE 'a SOUTHWESTERLY ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 0. 2889.79 FEET, A DELTA ANGLE OF 22030-00", CHORD BEARING S 52029-03" E AND A 0 CHORD DISTANCE OF 1127.54 FEET, FOR 1134.82 FEET TO THE END OF SAID I- CURVE; 13) THENCE S 41014'03" E FOR A DISTANCE OF 1127.13 FEET TO THE U) BEGINNING OF A CURVE TO THE RIGHT; 14) THENCE SOUTHWESTERLY ALONG 0 SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 1457.40 FEET, A DELTA 2- ANGLE OF 41019'08", CHORD BEARING S 20034-29" E AND A CHORD DISTANCE OF U) 1028.38 FEET, FOR 1051.00 FEET TO THE END OF SAID CURVE; 15) THENCE S 00005'05" W FOR A DISTANCE OF 434.74 FEET TO THE INTERSECTION OF SAID INNERMOST RIGHT OF WAY LINE OF LOOP ROAD AND THE NORTHERLY RIGHT 'a OF WAY LINE OF STATE ROAD NO. 939 (OLD STATE ROAD 4-A); THENCE S 780 19'05" W ALONG SAID NORTHERLY RIGHT OF WAY LINE FOR A DISTANCE OF 51.07 FEET TO THE POINT OF BEGINNING. The Property is conveyed subject to the following: A. Public non-vehicular access to open water at the northern and southern terminus points of Old State Road 4A (Parcel ID: 00119720-000000) shall be maintained at a minimum at current E existing conditions as of the date of the execution of this deed in the area noted as "No Existing Packet Pg. 3048 R.4.b Bridge" as shown on Page 5 of 10 of the Boundary Survey (Attachment A) signed and sealed by Scott R. Urquhart, Professional Surveyor and Mapper, Cardno, dated May 31, 2019. B. Public non-vehicular access to open water on Loop Road(Parcel ID: 00118910-000000)shall be maintained at a minimum at current existing conditions as of the date of the execution of this 4- deed as shown on Page 10 of 10 of the Boundary Survey (Attachment A) signed and sealed by 2 Scott R. Urquhart, Professional Surveyor and Mapper, Cardno, dated May 31, 2019. C. Gate access is maintained at a minimum at current existing conditions as of the date of the execution of this deed for emergency services at the northern terminus point of Old State Road 6 4A (Parcel ID: 00118330-000000). The "metal gate northerly access" is depicted on Page 6 of 0 10 of the Boundary Survey (Attachment A) signed and sealed by Scott R. Urquhart,Professional Surveyor and Mapper, Cardno, dated May 31, 2019. 0 D. Public non-vehicular access shall be maintained at a minimum at current existing conditions as of the date of the execution of this deed for pedestrian access on parcels one (1) and two (2) as 17 00 legally described above. 17 Ir- E. Items A through D shall be a covenant running with the land in perpetuity. TO HAVE AND TO HOLD, the same together with all and singular the appurtenances thereto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim z whatsoever of grantors, either in law or equity, for the use, benefit and profit of the said grantee forever. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. (Grantor's Signature) (Grantor's Printed Name) CL 0 (Grantee's Signature) I- 0 4- U) (Grantee's Printed Name) .2 U) Signed in our presence: (Witness 41 Signature) (Witness 42 Signature) a (FIRST WITNESS NAME PRINTED) (SECOND WITNESS NAME PRINTED) Packet Pg. 3049 R.4.b STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me this day of , 2020 by cu 0 who is personally known to me or has produced I- as identification. �s 0 [Notary Seal] (Signature of Notary) c 0 (Printed Notary Name) 17 00 17 Ir- My Commission expires: U- i 0 0 0 U) a U) a a� a Packet Pg. 3050 (HHu w wa°wiei0 yq-/uH ieoN�ns'c�a aovll pam oL r Luawy�exr auauyxur rc w.-0§2(008) "..,e © 'fiB _-- WNOn 9l'SOLILL aHHWnN°fn[] yye BZ eONrN�HNDS 99 dIHSNM61'IS N°LIJaS 06EZ61d'H�SYHPRY,4 -W'IH HLltl3YN01O10J 008E � � 'JV �saZLLLN� Y39WON 1J3f[MH 93Stl38Z 30NW'F1J05 L9 AHENMAl'LR9N01.4�35 OHIddPft Pw AHAHHS i^HYHHIIH U yy,E -- '035 91Sb3 LL 30NbT1'H30Gs L9 NHSXMOl'ZI F 11 N04W35 & NOLLD3YOHd'IVJdla➢P!l027L'uN3 J°'J.d3H '. • el-Lcro xu'I 3Lr° rvoNsinBa °allow �s�avHNnoe o z R° "6 �iw G°o � �=o Qo p� w�§Ez w � ���p o � �> �g � � �g�Q 8 ��� � � � •ri f €gi g s aaa° M I &ago€LL o ga s w p pLL V g ° Q = W€ oLL"saww 3WS ��' °€ 3, 00=w oaw°ao � sgos �m wow 0 o �w5;b 5833$b��3�xW��i"i g��J ` wg9999= 3�8 34g��g 33y3� a« I Elm'?C :6 1 lco Z A O eLL o ® • ® • C o 8 F 9 g R HER s €g H rE _�m "zgo%g <� a � o p g �� - � G `3°�at7w6'Go=3m'o Ewa =woLL,Apare=�,owa <a S ° �',� wE £ zu,w s e - w Qs _ 16 �26. :=g� �o = - _ °°$ 8= .: mks wo < ; ® G` y M o 3oQ� .B 4z G5 2w 9F2 e UP 28 zg s yG= „swc= 25&�€ 00=80 ' TZ m gH sW9'a' ."->s: u�" MH_.d,."�:?•°"o ff Wd ZS�f.BLOZIOE/S`JMOLN3WNOONtlBV M'D'i19L'SOZ ILII`JNIMViJ0U3N dVOlJVOf1S-9L'SOZLL L\l lOA=f 1„�,w, wl.ISH�o-A�N,rox.a�s aLda'oMa 3oallov, —.._......__.._.... �aaw,l�ma.l�aw� 'JNIddtlN Pw A3AHn5 N n63gflp �L`.,,�//f ®LSV3 BZ 30NYN'fWlOS G9 cItSNMCl'L R9 NOILJ35 $ NOLL�3d.Ot[d'P7J.N3iWI0NL1N8 Jo'J.d3Q \- � aino.unans auva ez anNr,1'x�.nns Le alxsNmoa z1�11 xou�3s w a N01SIn3tl antlnS AatlUNf,Ov b co w =s — OLEO£ - Z co O N W X \ Cl)� / � N / \1 / \ o! 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