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Item P2 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: March 16, 2005 Division: County Administrator Bulk Item: Yes ~ No Department: County Administration Staff Contact Person: Tom Willi AGENDA ITEM WORDING: Authorization for the County Attorney to prepare proper conveyance documents to complete the transfer of property from Monroe County to Key Largo Volunteer Ambulance Corp (KL V AC), ITEM BACKGROUND: The referenced property was deeded to Monroe County exercising County's right of first refusal for FDOT surplus properties, The KL V AC attempted to gain ownership of the parcel but was restricted by Florida Statute, KL V AC is requesting that the County to complete the conveyance at this time, PREVIOUS RELEVANT BOCC ACTION: Resolution # 521-1999 accepting quit claim deed from FDOT -10/13/99 Resolution #222-1997 setting forth public purpose provision and acknowledging that the building upon the property was constructed by KL V AC, CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approve request by KL V AC and direct the County Attorney to prepare proper conveyance instrument. TOTAL COST: NA COST TO COUNTY: NA BUDGETED: Yes SOURCE OF FUNDS: No REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management _ DIVISION DIRECTOR APPROVAL: 71t0#tM (j, 7{Jdft . (TYPE NAME HERE) DOCUMENTATION: Included XX Not Required_ DISPOSITION: AGENDA ITEM # Revised 2/05 OK~~E~Y ~o~~~~E 1305) 294,4641 BOARD OF COUNTY COMMISSIONERS MAYOR Dixie M, Spehar, District 1 Mayor Pro Tern, Charles "Sonny" McCoy, Dist 3 George Neugent, District 2 David P Rice, District 4 Murray E. Nelson, District 5 Office of the County Attorney PO Box 1026 Key West, FL 33041-1026 305/292-3470 - Phone 305/292-3516 - Fax MEMORANDUM TO: Thomas J. Willi County Administrator FROM: Suzanne A. Hutton , Assistant County Attorney DATE: February 25, 2005 SUBJECT: Key Largo Volunteer Ambulance Corps/DOT surplus property Your memo of January 19, 2005 to the County Attorney was forwarded to me for response. Key Largo Volunteer Ambulance Corps (KLVAC) has requested that ownership of the parcel (parts of Lots 22 and 17 of Model Land Co. plat PBl/68) be conveyed to them, You have requested an opinion as to the legality of the County turning said parcel over to KLVAC, with particular attention to two specific questions as follows: 1. Can the County lawfully transfer ownership of the parcel to KLVAC due to the public purpose requirements set forth within FOOT's guidelines? 2, Do the operations of KLVAC meet the public purpose requirements set forth in statute? It would be permissible for the County to transfer title to KLVAC with a reverter clause. First, the quitclaim deed by which the County obtained title to the subject property contains a reverter clause that states: "The property herein described is to be used for Public Safety Facilities, by the Party of the Second Part. If the property ceases to be used for the above described purpose all property rights shall revert back to the said Party of the FIrst Part." The first sentence of the reverter would seem to indicate that the property has to be used for public safety facilities and only by Tom Willi KLVAC February 25, 2005 Page 2 Monroe County, However, the second sentence clarifies that it is the use for public safety fadlities which controls whether the property reverts back to FOOT, A copy of the quitclaim deed is attached hereto for your convenience. A possibility of reverter is traditionally conditioned upon a change in use, not a change in ownership, Under Florida law, a possibility of reverter may be conveyed, indicating that there is also no statutory bar to transferring property which is subject to a possibility of reverter. Richardson v. Holman, 160 Fla. 65, 33 So.2d 641 (Florida 1948) . Also, the protections intended by the FOOT in retaining a possibility of reverter will not change by virtue of the transfer of the property from the County to a non-profit corporation. Section 689.18, F,S., provides that reverter clauses are enforceable only for 21 years from the date of the conveyance. However, under (5) of that statute, conveyances made to governmental, educational, literary, scientific, religious, public utility, public transportation, charitable or non-profit corporations are excepted from the provisions of the statute. Therefore, the possibility of reverter would carryover indefinitely if title was to be transferred to KLVAC. Based on the specific language in the second sentence of the reverter clause, it is my opinion that the County may transfer title of the subject property to the KLVAC, subject to the possibility of reverter to FOOT if the property ever ceases to be used for public safety purposes. Please call if you have any questions. Enc. Memorandum Office of the County Administrator To: Richard Collins, County Attorney From: Thomas J. Willi, County Administrator Date: January 19, 2005 Subject: Key Largo Volunteer Ambulance Corps/DOT surplus property Please find attached documents relative to the transfer of surplus property from FDOT to Monroe County. As you may be aware, FDOT declared a parcel in Key Largo as surplus property, The KL V AC was interested in gaining ownership of the parcel as their facility is located upon the property, however, Florida State Statute holds that the local government has right of first refusal in such instances. Consequently, the County accepted the property from FDOT in 1997 and has retained ownership since that time. KL V AC has requested that ownership of the parcel be turned over to them since they initiated the transfer process and operate the facilities located upon the parcel. When considering this request the following issues need clarification: Can the county lawfully transfer ownership of the parcel to KVLAC due to the public purpose requirements set forth within FDOT's guidelines? Do the operations of KVLAC meet the public purpose requirements set forth in statute? In essence, it would be my recommendation to convey this parcel. Please provide your opinion at the earliest convenience, Att. Cc: Board of County Commissioners KVLAC, Franky Jones, Chief . KEy LARGO VOLUNTEER AMBUIANCE CORPS, INC. J 'J . ,) MEMORANDUM DATE: January 12, 2005 TO: Mr. Tom Willi County Administrator FROM: Franky Jones, ~ie~ KLVAC 74,t/ R;;" DOT/KLVAC Property ......................................................................... Attached please find the paperwork we discussed at today's meeting. ~ If you have nay questions or comments, please feel free to call my office. Thank you for your cooperation with this matter, 98600 Overseas Highway Key Largo, Florida 33037 Phone: 451-2766 Fax: 451-1562 ~~ :a. ~ F~~~I~;oA . · GOVERNOR ~ ~ ~V~ DEPARTl\1ENT OF TRANSPORTATION Right of Way Admini.~tratiOIl 1000 J'I,'W lllili Avenue Miami, Florida 33172 Tel. (305) 470-5150 BEN G. WAlts SECRE;TARY August 26,1996 Mr. Franky R. Jones, Chief Key Largo Volunteer Ambulance Corps, Inc. 98600 Overseas Highway Key Largo, Florida 33037 RE: DISPOSAL OF SURPLUS PROPERTY A1\TD RIGHT OF FIRST REFUSAL FOR LOCAL GOVERNMENTS Lessee: W.P.I. No. SectionfJ ob No. F.A.P. No. State Road No. County/Key Parcel No. Monroe County/Key Largo Vol. Amb. Corps 6116623 90060-2517 N/A 5, Median Monroe, Key Largo, M.M. 98.6 6010 (0043) Dear Mr. Jones: This is in response to your letter dated August 13, 1996, in which you informed us of your desire to purchase approximately 20' x 45' on the North end of the portion of Right of Way you are leasing from Monroe County (FDOT's Parcel 6010 ). The enclosed memo dated. August 8, 1996 states the possibility of acquiring excess right of way, if declared surplus, as indicated on the options "A" and "B", Section II, Compensation from Local Governments of said memo. Please contact Monroe County regarding this legislature amended section 337.25 (4), Florida Statutes, to find out how it may affect the Key Largo Volunteer Ambulance Corps, Inc's desire to purchase the above parcel. Sincerely, ~~ Alberto Villarreal ~~mief PfGfJefty Maflageffi@ftt A~eflt A V Monroe County Right of First RefusallKey Largo Vol, Amb. Corps cc: Susan Day, Robert Cochrane, RM, PM, File @RECYClED PAPER - < 8-FI-Cf& erG '. Sp MEMORANDUM :== FLORIDA DEPARTMENT OF TRANSPORT A TrON OFFICE OF RJGHT OF WAY MAIL ST A TlON 22 SUNCOM 278-2421 DATE: August 8, 1996 h -0 III ~ l 4tJr; "', ,., If ff7J).' District Right of Way Managers l(/{y; /996 Kenneth M. T owcimak, Director, Office of Right of Way D1f:%l'ISl'l&,., ,.. Cl'S{fl'1U/y 8, Deyo, J. Gamer, K. Kuester, M. Akridge, District R!W Administrator's, Property Management, 1. Boltz, File TO: FROM: COPIES: SUBJECT: INTERlM DIRECTIVE PROPERTY MANAGEMENT-96-1 DISPOSAL OF SURPLUS PROPERTY AND RIGHT OF FIRST REFUSAL FOR LOCAL GOVERNMENT'S This years legislature amended Section 337,25(4), Florida Statutes, to include the following language; (4) The department may sell, in the name of the state, any land, building, or other property, real or personal, which was acquired under the provisions of subsection (1) and \vhich the department has determined is not needed for the construction, operation, and maintenance of a transportati(\!1 facility. With the exception of :JOY parcel governed b..Lnaragraph (c), paragraph Cd I. paragraph (1), paragraph (g), or paragraph (i), the department shall afford first ri ht of refusal to the local overnment in the 'urisdiction of which the arcel is situated. WhC'!1 such a determin:>!i0rl has been made' property may be .lisposed of in the following manner: Due to this change the following interim direction is provided until Rule Chapter 14-19 and Chapter 10, Section 5, Disposal ot' Surplus Real Property, of the Right of Way Manual can be revised. L Right of First Refusal by Local Government A, Prior to negotiation Or competitive bid of any property declared surplus by the District the property must first be offered to the local government in the Jurisdiction in which it is located (city Or county). B, The local government shall have] 0 working days to respond to the District if it wishes to acquire the property. If the local govemment requests to acquire the property the District shaH halt all other actions until an agreement can be reached with the local government. .:. ~ .. .. . Right of Way Managers August 8, 1996 Page20f2 II. Compensation from Local Governments A. If the local jurisdiction can identify a public purpose for the surplus property the District may dispose of the property for no consideration as outlined in Chapter 10, Section 5, paragraph IV of the Right of Way Manual. B. If the local government can not identify a public purpose, but still wishes to acquire the property, they may acquire the property from the District at the Districts appraised value, III. This change does not apply if the disposal would be inequitable to the abutting property owner, if the property is a borrow pit being disposed of to the abutting property owner, was acquired using constitutional gas tax funds. the property was donated and the Department has not constructed the facility, if the property was acquired to provided replacement housing, or if the property is being exchanged for another property. [f you have any questions please contact Mike Akridge. ~/LH 1tJ?: ~ rmeth M. Towcimak , KMT/mta * KEy LARGO VOLUNTEER AMBULANCE CORP, INc. August I3, 1996 Mr, Alberto Villarreal Florida Department of Transportation Right of Way Administration IIOO N. W, II Ith Avenue Miami, Florida 33I72 Dear Mr. Villarreal: As we have grown and our operations have expanded, including on site housing of EMS personnel, providing office space for FHP and the Monroe County Trauma Office, providing CPR, EMT and State mandated continuing education for our members and the public, our space demands have increased immensely, This necessitates our consideration of an addition to the Key largo Ambulance building of approximately 20' x 45' on the North end of the property listed as: W,P.I. No,: 6116623 Section 90060-2516 S,R. 5 (Median Strip) County: Monroe Parcel No.: (0043) 6010 This area would be large enough for two (2) ambulances to be kept in the Bay, These vehicles contain narcotics and drugs that are temperature dependant and need the extra security that being inside would afford, The space above the Bay area would be used for crew quarters, which would guarantee a timely response to emergencies, We have begun the process of organizing the financing, drawing up the plans and are ready to apply for permits from Monroe County if FDOT approval is granted, Also, at this time I would like to explore the option of purchasing the parcel on which the building stands, if this is permissible under state guidelines, Your attention to this matter is greatly appreciated. Very truly yours,p ? /UVt/&/ A:, ( .....-- '" // Franky R. Jones, Chief Key Largo Volunteer Ambulance Corps, Inc, 98600 Overseas Highway Key Largo, Florida 3303 7 Phone: 451-2766 Fax: 451-6211 ':;/or- y OCv1 ~ 119annp JL. 1kolbage BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATI:lON, FLORlDA 33050 TEL. (3(5) 289-6027 FAX (305) 289-1745 CLERK OF TIIE CIRCUIT COURT MONROE COUN1Y 500 'WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292.3550 FAX (305) 295.-3660 MEMORANDUM TO: Commissioner Mary Kay Reich Ruth Ann Jantzen, Deputy Clerk ~;. February 17, 1998 FROM: DATE: ~ BRANCH OFFICE 88820 OVERSEAS ffiGHW A Y PLANTATION KEY, FLORIDA 33070 TEL. (305) ~2-7145 FAX (305) 852-7146 PEO 2 ? IIEliJ At the June 18, 1997 County Commission J\.1eeting, the Board adopted Resolution No. 222-1997 accepting the land located at 98600 Overseas Highway, Key Largo, from the State of Florida Department of Transportation; setting forth the public purpose for which the land shall be used; setting forth that thebuildinglocated on said land shall be leased to the Key Largo Volunteer Corps naming the building; andofficiaUy recogn1zing the fact that the building mis. built and paid for by the Key Largo Volunteer Ambulance Corps and its supporters. Enclosed please find a certified copy of the above Resolution for your handling. . If yo'uhave any questions, please do not hesitate to contact this office. . cc: County Attorney Finance Public Safety Director County Administrator, wlo document File RE.S..-QLilllDl:_LbLQ~ -1997 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ACCEPTING THE LAND LOCATED AT 98600 OVERSEAS HIGHWAY, KEY LARGO, MONROE COUNTY, FLORIDA FROM THE STATE OF FLORIDA, DEP ARTMENT OF TRANSPORT A TIONi SETTING FORTH THE PUBLIC PURPOSE FOR 'WHICH THE LAND SHALL BE USEDi SETTING FORTH THAT THE BUILDING LOCATED ON SAID LAND SHALL BE LEASED TO THE KEY LARGO VOLUNTEER CORP. NAMING THE BUILDINGi AND OFFICIALLY RECOGNIZING-THE FACT THAT THE BUILDING vV AS BUILT AND PAID FOR BY THE KEY LARGO VOLUNTEER AMBULANCE CORPS. AND ITS SUPPORTERS. WHEREAS, the State of Florida, Deparbl1ent of Transportation, owns the - land located at 98600 Overseas Highway, Key Largo, Monroe County, Florida legally described as set forth in Exhibit "AI! which is attached hereto; and WHEREAS, the State of Florida, Department of Transportation has determined that said land is surplus and desires to donate said land to Monroe County; and WHEREAS, the County desires to accept the said land for a "public purpose" as provided for in s.337.25, Florida Statutes and Rule 14-19.004, F.A.C., which public purpose is set forth hereafter in this Resolution; and WHEREAS, the County has further determined tha t the Key Largo Volunteer Ambulance Corps. provides an essential community service to the citizens of the County, and to the tourists who visit Key Largo and other locations within Monroe County, by providing emergency medical care to sick and injured persons in and ilbout Key Largo and by providing the citizens with iln ad va need life support ambulance service and in so doing supplies the County with low cost and professional emergency medical services at a cost savings to the County which is significant; and WHEREAS, prior to the State of Florida, Department of Transportation having determined that said land was surplus, the County had entered into a long term lease with the Department of Transportation wherein. the County had leased the said land from the Department of Transportation; and WHEREAS, during the term of said lease, a building "was constructed upon said land by the Key Largo Vollmteer Ambulance Corps., its mel11bers and its supporters for use ()s the headquarters for the Key: Largo V olun.teer Ambulance Corps,; and WHEREAS, the Key Largo Volunteer Ambulance Corps. paid for the costs incurred in the construction and furbishing of the building, including the payment in full of the loan obtained to pay for a substantial portion of the costs , of the construction of the building on said land; and WHEREAS, the County wishes to recognize the substantial contribution of the Key Largo Volunteer Ambulance Corps. and its service to the citizens of the Monroe County and to the tourists wh~ visit Key Largo and other locations within Monroe County and that the existence and work of the Key Largo Volunteer Ambulance Corps. is an essential community activity of Key Largo; and WHEREAS, the County wishes to acknowledge, for the reasons previously stated herein, that the use of the said building by the Key Largo Volunteer Ambulance Corps.' is consistent with the term "public purpose" as defined in Rule 14-19,004, F.A.C. in that the Key Largo Volunteer Ambulance Corps.; and WHEREAS, the County recognizes that it is in the best interest of the ci tlzcns of Key Largo and of Monroe County for Key Largo Volunteer Ambulance Corp. to use said building and land for purposes of providing emergency medical services; . ~timL1. The County accepts the donation of the land located at 98600 Overseas Highway, Key Largo, Monroe County, Florida. Section 2, For so long as the Key 'Largo Volunteer Ambulance Corp. provides emergency medical services to the citizens of Key. Largo and Monroe County, the County shall lease the aforesaid land to the Key Largo Volunteer Ambulance Corp. for the sum on $1.00 per year for its use and occupancy. fu:.ction 3. The building located upon said land shall henceforth be designated as the "Key Largo Volunteer Ambulance Corps. Building". PASSED AND ADOPTED by the 130ard of County Com.missioners of Monroe County, Florida ZIt ZI regular llleding of the Board held on the __ day of , 1997, Mayor Douglas Mayor Pro Tem London Commissioner Harvey Commissioner Freeman Commissioner Reich (SEAL) ATTEST: DANN):' L. KOUIAGE, CLERK BOARD OF COUNn' CO:!vfMISSIONERS OF MONROE COUNTY, FLORIDA By By Depuly Clerk 1'\'layor I Chairman * KEy LARGO VOLUNTEER AlvIBULANCE CORPS, INC. June 5, 2003 Commissioner Murray Nelson Damaron Building, Suite II 99198 Overseas Highway Key Largo, FL 33037 Dear Commissioner Nelson: Per conversations over the last several weeks regarding Key Largo Ambulance receiving title to the ambulance building site, we request that the property we lease from Monroe County be titled to Key Largo Ambulance. In support of this, the building was built by the KLVAC volunteers using corporate funds and donations in 1974. The new addition has been paid for using funds accrued through billing for interfaci1ity transfers. No Monroe County funds were used. I originally attempted to secure the property under the states "disposal of surplus property". We were informed that local government had first offer of said property before it could be offered to a non-profit organization. Monroe County for whatever reason accepted and in turn leased it to uSr negating our desire to obtain title. Please see supporting documentation. If you have any questions or cowments, please call. Sincerely, .7~.RrA.-- Franky R. Jones, Chief KEY LARGO VOLUNTEER AMBULANCE CORPS, INC. 98600 Overseas Highway Key Largo, Florida 33037 Phone: 451-2766 Fax: 451-6211 2'!l-SPD/i2 02/99 (Public Purpose - No consi, ..Hon with mineral rights) Parcel No. :6010 Item/Segment No.:250268-1 Managing DistrictSix MONROE COUNTY OFFICIAL RECORDS FILE # 1. 1. 50 9 8 5 BKI! 1. 60 3 PG# 6 7 1. ran ine T. Steelman . AssIstance District Counsel QUITCLAIM DEED Public Purpose THIS INDENTURE. made this 01/1'191. by and between the 5T A TE OF FLORIDA by and through the ST ATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, Party of the First Part, whose address is Right of Way Administration. 1000 NW lllst Avenue. Miami. Florida 33172 ,to COUNTY OF MONROE, Party of the Second Part, whose address is Engineerini Department 5100 Colleie Road. Key West. Florida 33040 . RCD Nay 08 1999 02:50PM DANNY L KOLHAGE,CLERK WITNESSETH WHEREAS, said land hereinafter described was heretofore acquired for state highway purposes; and WHEREAS, said land is no longer required for such purposes, and the ~ of the First Part, by action of the District Secretary, DistrictJ.iA. Florida Department of Transportation on D9/ I 99, pursuant to the provisions of Section 337.25 Florida Statutes, has agreed to quitclaim the land hereinafter descnbed to the Party of the Second Part without consideration, to be used solely for public.purposes. NOW, THEREFORE, THIS INDENTURE WITNESSETH: That the Party of the First Part does hereby remise, release and quitclaim unto the Party of the Second Part, and assigns, forever, all the right, title and interest of the State of Florida Department of Transportation to the property herein described to be used solely for public purposes, pursuant to the provisions of Section 337,25, Florida Statutes,all that certain land siruate in Monroe County, Florida, viz: (Legally described in Exhibits A and B, attached hereto and made a part hereof), TO HAVE AND TO HOLD, the said premises and the appurtenances thereof unto the Party of the Second Part. REVERTER. The property herein described is to be used for Public Safety Facilities. by the Party of the Second Part, If the property ceases to be used for the above described purpose all property rights shall revert back to the said Party of the First Part. IN WITNESS WHEREOF, the State of Florida Department of Transpo 'on has caused these presents to be signed in the name of the State of Florida Department ofTransportation by its District Secr ry, District..sJA. and its seal to be hereunto affixed, attested by its Executive Secretary, on the date first above wr !ten. ATIESTJ1-(~", t/~ Margare Higgins, Execu v ecretary .: ~ ~,h. .' '.. . ., I~ " :.~.-~l .' b - ~ ~ ", .....~.,'~ \"~\~', .,' (Affix Department Seal) .f~. \. , ',. . ~-~\ ~~~;~ /""", Fi ) # 1- 1- 5 <2> 9.8 5 BK# 1- 6 0:3 PG# 6 7 2 Public Works Division c '.tQ a::: . -0' ' .g.;~" W ' a::: '~ a:: o 0;3 Lt- -ill o ,E;, ~':z: - 'c:n, L.l... 0'\ w ~j C1 ...J <{ .lJ.. :cC;~ -I, ,}- ob:*% x::._::::> .00 -'.'(.) >-::iCw _--to ......ua::: :z: :r; ~ 0 C :t: RESOLUTION NO. 521 -1999 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ACCEPTING A QUItCLAIM DEED FOR PROPERTY SHOWN ON EXffiBIT A, FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION (FOOT) FOR THE KEY LARGO VOLUNTEER FIRE STATION. A PUBLIC SAFETY FACILITY. ' WHEREAS, FDOT no longer requires this land for state highway purposes; and WHEREAS. Monroe County is using this property for a public safety facility; and WHEREAS, FDOT is conveying this parcel for non-consideration; NOW, lHEREFORE, BE IT RESOLVED BY TIffi BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, TO ACCEPT THE QUITCLAIM: DEED FROM FDOT FOR THE PROPERTY SHOWN ON EXHIBIT A. PASSED AND ADOPTED by the Board of County Conunissioners of Monroe County, Florida, at a regular meeting of said Board held on the Il:f day of October, AD., 1999. Mayor Harvey Yes Mayor Pro Tern Freeman Yes Conunissioner Williams Yes Conunissioner Neugent Yes Conunissioner Reich Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY ' By~b~~ Mayor/Chairman ' By ~~Q.~~ Deputy Clerk I FILE # 1- 1.. 5 (2) 9 8 5 BK# 1.. 6. (2) .3 PG# 6. 7 .3 POINT Of INTERSECllON OF THE: SUR\IEY,UNEOf STATE ROAD 15 AND nlE CENlERUNE OF UNNAUEOSlREET JOB No, K98092_ SEC....J2.., lV.?..2LS.. RGE.~~E. MONROE COUNTY, f'LORIC:' Exhibit rSJ:::\ \.':) -t-~ 1'1'- 0$ i' &.f<J ~ 4V} Ri .. I' h r/j <t>v ...! .:,.l" '\. (f-f" -.)(,/' ~\~ t &-v~ A.(,~ q,q, 'V~ ~'" .. t.;f/ ,........'?:-7 ~ CERTIFIED FOR BOUNDARY SURVEY I HEREBY CERTIFY THAT THIS SUR\lEY MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 61G17-6. FLORIDA ADMINISTRAllVE CODE. PURSU T TO SECllON 472.027, FLORIDA STATUTES. REVISED: 07/07/99 EVlSED: DA TE: 06/22/98 ENeE P. FRAN . P,LS.H4619 NlESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER THIS DRAWlNG. SKETCH, PLAT OR MAP IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID, ;. A P.O.C. .-. Ul w ti~o ~1zz ti ~ i' o:~ Al-Z e3::i!r ::j:!:Ul ~l};.... <(Z l j ~~ / 1::l / "-' / / . C to ~II .... ~ 04 ti Ct) FRANK & ELLIOTT SUR~YORS . ENGINEERS . lAND PLANNERS 266 OVERSEAS tllQiWAY, SUllE m. ISLAI.IORAOA. FlORlOA :.13036 PIlone (305) 664-0764 F~ (305) 66.-0816 ^ I.lMSKlIl (:f' 1/t00"'S1ai ~IiESS CMPORAlIOl( U1, NO. $fOIl FLORIDA DEPARTMENT OF TRANSPORTATION DISTRICT VI Ikm/S49/ No.: 250268-1 WPI No: 6116G2 J See/Job No: 90060-25/6 FAP No: N/;i State Rood No; 5) MediQ/J County/Key/MM: 11()/)l'Oe J!eyla/'lltJ M.d{. 99.6 Parcel No: bOlO I $he~t _L of J.?__ CERTIFIED TO: MONROE COUNTY ENGINEERING DEPARTMENT FILE # 1 1 5 (2) 9 8 5 BK#1603 PG#6 74 LEGAL DESCRIPTION: Exhibit B JOB No. K98092 SEC..JZ., TWP,.QLs" RGE. 39 E. MONROE COUNTY, f"lORIDA THOSE PARTS OF LOTS 22 AND 17 OF MODEL LAND CO. PLAT ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 68. IN THE PUBLIC RECORDS OF MONROE COUNTY. FLORIDA, SAID PARTS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT OF INTERSeCTION OF THE SURVEY LINE OF STATE ROAD 5 AND THE CENTERLINE OF AN UNNAMED STREET LYING EASTERLY OF AND CONTIGUOUS TO SAID LOT 17, RUN S 00'41'04" W' A DISTANCE OF 261.12 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF STATE ROAD S-905; THENCE S 45'18'04" W A DISTANCE OF 24.92 FEET TO THE SOUTHEAST CORNER OF SAID LOT 17 AND THE POINT OF BEGINNING; THENCE CONTINUE S 4518'04" W A DISTANCE OF 200.00 FEET; THENCE N 44'41'56" W A DISTANCE OF 133.40 FEET TO THE NORTHERL Y LINE OF SAID LOT 22; THENCE N 45'18'04" E A DISTANCE OF 335,20 FEET TO THE WEST LINE OF SAID UNNAMED STREET; THENCE S 00'41'04" W A DISTANCE OF 189,93 FEET TO THE POINT OF BEGINNING: CONTAINING 35,698 SQUARE FEET. MORE OR LESS, ALL AS SHOWN ON THE RIGHT OF WAY MAPS FOR SECTION 90060-2516. STATE ROAD 5. MONROE COUNTY. SECTION 90060 - PROJ. 2516 (5240) STATE ROAD 5 MONROE COUNTY PAR" No, F.E.C.R.R, R/W(x) PT, NEW PARCEL NUMBER 43 ABBREVlA TlON LEGEND: F,I.R FOUND IRON ROO, SIZE INDICATED SEC. SECTION S.I.R SET IRON ROD. 1/2w LR No, 5408 TV.P. TOWNSHIP F,I.P. FOUND IRON PIPE, SIZE INDICATED RGE. RANGE F,N.D. fOUND NAlL AND DISK (D) DEED SXD. SET NAIL AND DISK, LB. No. 5408 (P) PLAT F.C,M. FOUND CONCRETE MONUMENT (M) MEASURED PR.I.t PERMANET REFERENCE MONUMENt (C) CALCULATED P.C.P. PERMANENT CON'TROL POINT CONC, CONCRETE Pol. POINT OFINTERSEcnON COV. COVERED P.C, POINT Of CURVE E/P EDCE OF P,O.R POINT Of BEGINNING PAVEMENT P,O,C, POINT OF COMMENCEMENT EL ELEVATION R/W RIGHT-OF-WAY WM WATER METER TYP. TYPICAl LP UGHT POLE PP POWER POLE OHW OVERHEAD 'HIRES SURVEYOR'S NOTES: 1.} ALL CORNERS FOUND HAVE NO NUMBER DESIGNATING PREVIOUS SURVEYOR OR COMPANY EXCEPT AS SHOWN, 2.} ALL BEARINGS AND DISTANCES ARE MEASURED PER PLAT UNLESS OTHERWISE NOTED. 3.} NO UNDERGROUND ENCROACHMENTS, FOUNDATIONS OR UTIUTlES HAVE BEEN LOCATED OR SHOWN UNLESS OTHER'HISE NOTED. 4.} NO INSTRUMENTS OF RECORD REFLECTING EASEMENTS, RIGHTS-Of-WAY AND/OR OWNERSHIP WERE FURNISHED THIS SURVEYOR EXCEPT AS SHOWN HEREON. 5.} ELEVATION DAlUM: N/A, BENCHMARK: N/A. BASIS OF BEARINGS: SURVEY UNE OF S.R.#5 BEING N 45'18'04w E. AS SHOWN ON STATE OF FLORIDA ROAD ROAD DEPARTMENT RIGHT OF WAY MAP SECTION 90060-2516 SHEET 21 OF 34, 6,) TI-US IS TO CERTIFY THAT I HAVE CONSULTED THE FEDERAl INSURANCE ADMINISTRATION FLOOD HAZARD BOUNDARY MAP, COMMUNITY No,125129, PANEL No.1Q04-f", FIRM INDEX DATE 03/03/97, AND THE HEREON DESCRIBED PROPERTY .APPEARS TO BE IN ZONE ....I::UA.-. WITH A BASE ELEVA nON OF -L M.S.L. CERTIFIED FOR BOUNDARY SURVEY I HEREBY CERTIfY lHA T THIS SURVEY MEETS THE MINIMUM TECHNICAl STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROfESSIONAL SURVEYORS AND MAPPERS IN CHAPTER e1G17-6. FLORIDA ADMINISTRATIVE CODE, PURSU NT TO SECTION 472.027. FLORIDA STAlUTES. REVISED: VISED: DATE: 06/22 98 ENCE P. FRAN. P.L.S,/4619 U ESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SUR\lEYOR AND MAPPER THIS DRAVI1NG, SKETCH, PLAT OR MAP IS FOR INFORMA TIONAL PURPOSES ONLY AND IS NOT VALID. FRANK & ELLIOTT SUR~YORS . ENGINEERS . lANO PLANNERS' 63266 OVERSEAS HlQiWAY, sum: 500, ISlAIoIORAOA. flORIDA 33036 Phone (JOS) 66-4-076-4 FAX (305) 66-4-0816 io. !ll\lSIQH or Iol(Co\\lSlW IlVSINLSS COW'Oflio.l1W l-B, NO. ~ FLORIDA DEPARTMENT OF TRANSPORTATION DISTRICT VI I-kml.5.:!g/Alo.: 250268-1 WPI No: 6//6623 See/JOb No: ~-~SI6 FAP No: N/A . State Road No: 5) Me.Qlqn County/Key/MM: Monroe J 1i!..!J hmo, MAt. 98,6 Parcel No: SKeet _i;_ of -~- MONROE COUNTY OFFICIAL REC'mmS