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Item P3 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: March 18.2004 Bulk Item: Yes 1L- No Division: Department: County Attornev AGENDA ITEM WORDING: Request approval to have mayor execute a quitclaim deed, returning to DOT that portion of Old SR 4A which is not needed for public purpose. ITEM BACKGROUND: Prior to commencement of construction of the Marathon Government Center, DOT transferred to County a portion of Old SR 4A. In the course of much paperwork between the County and the State transferring and leasing property, and relinquishing roads to the City of Marathon, the County still appears to have retained title to a segment of Old SR 4A which DOT has requested be returned to them. The original request from the attorney for Buccaneer Resorts refers to a survey which has been superseded to reflect a retention by the County of a larger segment of the R-O-W for purposes of retaining land for possible parking overflow or other government purposes. The corrected survey and legal description are dated February 24, 2004 and have been cleared through the County Engineering Dept. PREVIOUS RELEVANT BOCC ACTION: See above. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval. TOTAL COST: -0- COST TO COUNTY: -0- BUDGETED: Yes SOURCE OF FUNDS: No REVENUE PRODUCING: Yes No X AMOUNT PER MONTH_ Year APPROVED BY: County Atty _ OMS/Purchasing _ Risk Management_ DIVISION DIRECTOR APPROVAL: ~~ J. R. DOCUMENTATION: Included X To Follow O~)O 2-/D Y COLLINS Not Required AGENDA ITEM # p~ Revised 2/27/01 or under the direction of, Suzanne A. Hutton. Esq. FBN 336122 Office of County Attorney P.O. Box 1026 Key West, FI. 33041-1026 QUITCLAIM DEED TillS INDENTURE, Made this day of , 2004, by and between MONROE COUNTY, Party of the First Part, by and through the Board of County Commissioners of Monroe County, Florida, whose address is 500 Whitehead Street, Key West, Florida 33040, to FLORIDA DEPARTMENT OF TRANSPORTATION, Party of the Second Part, an agency of the State of Florida. WITNESSETH WHEREAS, Party of the Second Part has requested a return to it of that portion of Old State Road 4A not needed for public purpose; and WHEREAS, Party of the First Part has determined that a certain portion of the area requested is not needed for any public purpose; NOW, THEREFORE, THIS INDENTURE WITNESSETH: That the Party of the First Part, in consideration of the original transfer of the subject property by the Party of the Second Part for a public purpose, does hereby remise, release and quitclaim unto the Party of the Second Part, and assigns, forever, all the right, title and interest of the Party of the First Part to the property herein described all that certain land situate in _Monroe County, Florida, to wit: See Legal Description in Exhibit A, attached hereto and incorporated herein by rderence Part. TO HA VE AND TO HOLD, the said premises and the appurtenances thereof unto the Party of the Second IN WITNESS WHEREOF, the Party of the First Part has caused these presents to be signed in its name by its Board of County Commissioners acting by the Mayor of said Board, the day and year first above written. (OFFICIAL SEAL) AITEST: DANNY L. KOLHAGE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: Deputy Clerk By: Mayor COMME.NCIN~ .e..T THE INTERSECTION OF THE WEST UNE OF ~OVERNME.NT LOT \. SECTION 9. TOWNSHIP 66 SOUTH, ~CE .32 fAST. TALLAHASSEE. MERIDIAN, MONROE COUNTY. FLORIOA. AND THE NORTHERLY RICHT - Of - WAY UNf. Of OLD STATE HICHWAY 4A . AS EX/STINC IN APRIL Of 200\ AND SAID POINT ALSO BE.IN~ A POINT ON A CURVE TO THE LEFT. HA\I\N~: A RADIUS Of 27-4-6.79 fEE.T . A CENTRAL ANCLE Of 0 I DECREES .3.3 MINUTE.S 17 Sf-CONDS . A CHORD BfARlNC Of NORTH 74 DE.CRE.E.S .36 MINUTES 01 SECONDS EA5T AND A CHORD DI5TANCE Of 7....5C} fEE.T; THENCE. ALONC THE. ARC Of THE SAID CURVE. ANO THE. NORTH- ERLY RICHT - Of - WAY UNE , A DISTANCE Of 74.59 fEET TO THE. POINT Of TANCENCY ; THENCE . NORTH 7.3 DECjREE.S 51 MINUTES 22 SECONDS fAST . CONTINUINCl ALONe- THE. SAID NORTHE.RLY RIClHT - Of - WAY UNE. A DISTANCE. OF 112-4-.56 fEE.T TO A POINT Of CURVATURE OF A CIRCULAR CURVE TO THE LEfT . HAVINC : A RA.DIUS Of 766.02 fEET , A CENTRAL ANClLE 1.3 DECREES 5.3 MINUTES 40 SECONDS , A CHORD BfARIN~ Of NORTH 67 DE~REES 00 MINUTES .32 SECONDS fAST AND A CHORD DISTANCE Of 190,15 fEET AND SAID POINT HERE.lNAFTER TO BE ~NOWN AS THE" POINT OF BEC1NNINC "; THENCE. CONTlNUINC ALONCl THE SAID NORTHERLY RICHT - Of - WAY UNE . A5 5HOWN ON THE f . 0 . 0 . T . RICHT - Of - WAY MAP Of U . S . HICHWAY NO . 1 ( S , R . NO , 5 ) AND OLD HICHWAY NO , 4A . 5E.CTlON 90040- 25013 AT BASE.UNE. STATION f>5+6.3,5 . ALONe THE. ARC OF THE. SAID CURVE. . A DISTANCE. Of 190, \5 FE.E.T THE.NCE SOUTH 12 DECREE.S 16 MINUTf.S 59 SECONDS WEST . LEAVINCl SAID RICHT - OF - WAY UNE. . A DISTANCE OF 67,013 fE.ET TO A POINT ON THE. SOUTHE.12LY RICHT - Of - WAY UNE. Of THE SAID OLD HICHWAY NO . M AND THE. NORTHERLY RICHT - OF - WAY Of THE SAlD U . S HICHWAY NO . 1 AND SAlO POINT 8EINC A POINT ON A CURVE. TO THE. RICHT , HAVINC : A RAOlUS Of 1352.02 FEE.T . A CE.NTRAL ANCLE. OF OC} DECRE.E.S 513 MINUTE.S 20 SECONDS . A CHORD 8fARINC Of SOUTH 66 DeCREES 56 MINUTES 12 SECONDS WEST AND A CHORD OIS T ANCE. Of H6.1O Fl:ET ; THENCE . ALONC THE ARC Of THE SAID CURVE . PARALLE.L TO AND 66.00 fEET SOUTHE.RLY Of THE SAID 'NORTHE.RLY RICHT-Of-WAY Of OLD HICHWAY NO . 4A . A DISTANCE Of 1413.29 fEET TO THE. POINT Of TANCENCY Of THE. SAID CURVE.; THE.NCf. NORTH 16 OECRE.E.S 06 MINU1E.5 .36 SE.CONDS WEST . A DISTANCE. Of 66,00 fE.E.T BAC~ TO THE" POINT OF 8E.CINNINC .. . CONTAlNINC 1 \ .165 SQUARE. ftf.T MORE. OR LtSS EXHIBIT A