Item Q23
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
5/16/2007 - KL
Division!Department: County Attorney
Bulk Item: Yes ~ No
Staff Contact Person: Suzanne Hutton
AGENDA ITEM WORDING:
Approval of assignment of Lease Renewal Agreement and Extension of Lease between Monroe County
and Seashime, LLC to FDOT retroactive to 2/27/07, the date immediately prior to the date the leased
right-of-way property was deeded back to FDOT by Monroe County.
ITEM BACKGROUND:
The subject property was transferred from the Florida Department of Transportation to Monroe County
several years ago. Monro~ County had been leasing the property for private use pending a necessary use
of the property by Monroe County. The lessee was desirous of purchasing the property but, due to
deed restrictions placed on Monroe County when the property was transferred by FDOT, Monroe
County was unable to sell the property. In order for the lessee to purchase the property, Monroe
County transferred the leased property back to FDOT on 2/28/07. FDOT has requested an assignment
of both leases, retroactive prior to the transfer of the property, to cover the time period between
purchase negotiations and the ultimate purchase of the property from FDOT.
PREVIOUS RELEVANT BOCC ACTION:
3/15/2006 BOCC approved transfer of leased property back to FDOT to facilitate purchase
12/20/2006 BOCC approved Lease Renewal Agreement
12/20/2006 BOCC approved Extension of Lease
2/28/2007 BOCC approved Quit Claim Deed transferring leased property back to FDOT
CONTRACTIAGREE~NTCHANGES:N~
STAFF RECOMMENDA nONS: Approval.
TOTAL COST:
BUDGETED: Yes
No
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No xx
AMOUNTPERMONTB_ Year
APPROVED BY: COl-lDty Atty _ OMB/Purchasing _ Risk Management_
DOCUMENTATION:
Included X
Not Required _
DISPOSITION:
Revised 2/05
AGENDA ITEM #
LEASE ASSIGNMENT
BE IT KNOWN THAT Monroe County, a political subdivision of the State of Florida, Assignor, in
consideration of the sum ofTen ($10.00) Dollars, paid by the State of Florida Department of Transportation,
Assignee, hereby assigns to the Assignee, that certain Lease Renewal Agreement made by Monroe County and
Seashime, LLC dated December 20, 2006, a copy of which is attached hereto as Exhibit "A", covering that
portion of the property described therein as follows:
The land described in Exhibit "A" as Description of Lease Area
Together with the premises therein described, the buildings thereon, and all appurtenances thereto,
To bave and to hold the same unto the Assignee from the 27th day of February, 2007, for all the rest of
the years mentioned in the said lease, subject to the rents, covenants, conditions and provisions therein also
mentioned.
1, The Assignee hereby assumes the performance of all of the terms, covenants and conditions of
the lease herein assigned by the Assignor to the Assignee, and will well and truly perform all the
terms, covenants and conditions of the said lease herein assigned, all with full force and effect as
if the Assignee had signed the lease originally as lessor named therein.
2. The Assignee hereby agrees to indemnify and save harmless the Assignor for all manners of suit,
actions, damages, charges and expenses, including attorneys fees and costs that the Assignor may
sustain by reason of the Assignee's breach of any of the terms, covenants and conditions of the
lease herein assigned.
3. This is an assignment and the Assignor's interest in the premises is as Lessor under a lease made
by Monroe County and Seashime, UC dated December 20, 2006, a copy of which is attached
hereto and made a part hereof as Exhibit "A". Except as provided to the contrary herein, this
assignment is expressly made subject to all the terms and conditions of said underlying lease. If
said underlying lease is terminated, this assignment shall terminate simultaneously. The
Assignee hereby agrees to assume the obligation for performance of all the Assignor's
obligations under the aforesaid lease.
4. Governing Law. This agreement, and all transactions contemplated hereby, shall be governed
by, construed and enforced in accordance with the laws of the State of Florida.
5. Attorneys Fees. In the event that litigation results from or arises out of this Agreement or the
performance thereof, the parties each party shall be responsible for its own attorney's fees, court
costs, and all other expenses, whether or not taxable by the court as costs.
IN WITNESS WHEREOF, this Assignment has been duly executed by the Assignor, this _ day of
May, 2006.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
By
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Deputy Clerk
Witness
Mayor Mario DiGennaro
uz~ NE . HUTTciN~ STATE OF FLORIDA DEPARTMENT OF
Date C~;'I/~''''Y. ... ~SPORT ATION
By:
District Secretary
Witnt':!;!;
LEASE RENEWAL AGREEMENT
/I THJS LEASE RENEWAL AGREEMENT is made and entered into this 2A~ day of
~ , 2006, by and between MONROE COUNTY, a political subdivision of the State of Florida,
whose address is the Gato Building, 1100 Simonton Street, Key West, FL 33040, hereafter "COUNTY", and
TENANT, a limited liability corporation incorporated in the State of Florida, whose address is 3 North Conch
Avenue, Conch Key, FL 33050, hereinafter "TENANT". The parties agree as follows:
WHEREAS, on January 19, 2005 , the COUNTY entered into a Lease Agreement with TENANT for a
parcel of land identified in Exhibit A attached hereto and made a part of this Lease Agreement; and
WHEREAS, this land is adjacent to land already leased from the COUNTY by TENANT under an
Assignment of Lease; and .
WHEREAS, both the Assignment of Lease and Lease Agreement between COUNTY and TENANT
expired June 30,2006; and
WHEREAS, both portions of land were transferred from the Florida Department of Transportation to
COUNTY for an intended public use; and
WHEREAS, COUNTY has been leasing the property for private use pending the necessary use of the
property by COUNTY; and
WHEREAS, COUNTY determined the property is no longer needed for the proposed necessary use
intended; and
WHEREAS, the Lessee is desirous of purchasing the properties being leased but, due to deed
restrictions placed on Monroe County when the property was transferred by FDOT, Monroe County is unable to
sell the property; and
WHEREAS, in order for the lessee to purchase the property, Monroe County must transfer the property
back to FDOT for their consideration; and
WHEREAS, on March 15, 2006, the COUNTY approved transfer of the right of way on Conch K-ey-
back to the State of Florida Department of Transportation for their consideration for sale to TENANT; and
WHEREAS, the COUNTY and TENANT continue to coordinate with the FDOT to prepare the
documents required by FDOT to facilitate transfer of the property back to FDOT; and
WHEREAS, TENANT desires to renew the Lease Agreement under the same terins and conditions until
the purchase can be completed; now therefore,
IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as
follows:
1. The COUNTY and TENANT desire renewing the Lease Agreement under the same terms and
conditions until the property reverts back to FDOT.
EXHIBIT
j A
2. The COUNTY hereby renews the Lease Agreement for an additional three-year term retroactive
to July 1, 2006 and ending on June 30,2009 or until the property reverts back to FDOT, whichever comes first.
IN WITNESS WHEREOF, the parties have set their hands and seal the day and year first above written.
L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF. MONROE CO~O~A
By ~,4 ~
MAYOR/CHAIRPERSON
WITNESSES:
~~
SEASHIME, LLC
BY~
(' EDW . BUXTON
NN . HUTTON
CO~mJ>'2EV
I
Oat,
2
MP - METAl PIPE
se.. . stAE1I C IIASIU
P. B. - PlAT 800lC
P6. " PAGE
NUP . 110OO UTI LI TV POlE
~. ASPHALT
1lIftlL. JfEAN HIGH IfAlER LI HE
Florida Departlent of Transportation. District VI
~inanclal Project No. NIA
Itel/Seglent No. NIA
M.P. I. No.: NIA
State Project No.: MIA
Federal Project No.: MIA
State Road No.: 5. U. S. 1. MM 68, BAYSIDE
County: Monroe
Parte I No.: 6004
EXH t B t T n All
._- , LEGAL DESCR t PT , ON
tHAT PORTUIIlI IIf STATE lOAD 110. 5 (U. S. HI6IIIIAY lID. 1) LYlN6 SIIRIDSTEIl.Y IF AtIJ
ADJAfDT LOT. (Sl8ER8EDJ .COtOI JCElI'. A _lflSI.. AS I8CIIED IN PlAT
80IIC 2. PME I. GF BTIONS 14 AlII1&. lGIlIISIIlP ti& SOUIH. IW& 34 EAST.
IF lIE NUC IIEtIIIM IF NDrIIIE aum. FUIIIDA Ale 1E1N6-111AE IWIJICUUIl.Y
IlESCRIIED AS FlUtIIt
CGIIlEIICE AI TIE IIISI SlIJ1IIEIl.Y CXIINER OF LOT 32. OF SAID 'aIaIllE,.. SAID
COIINEJI ASO IlEIIC tHE AIM IF ItAf LINE III1tRSEtTICII OF lIE IIIITIIESTEll.Y
RIIIIIT lAY LIE IF SAID STATE IIMD NO. 5 _ lIE IIIRTIEASlEILY RIIHT IF KAY
LIE IF IIIA11I CONCH lVEllJE; 1JEJI:E-N&r3Y2IPE. AI.ON& lIE SAID ~y
AIM OF IIAY LIE IF STATE AOAO Ill. 5 _ .. 11E IGIIHllESIEILY LItE IF All
EXtSlTI1IS LEA5f. A DISTANCE IF 153.1IO FEET. TO TIE ~y aRIER OF LOT
45, OF SAID "CCINCH KEY-: TtlEIU 521-26' 34" E. AUIIIS TIE SCIIt1BI.Y EXTEItSIOI
OF SAID lOT 45 _ DE tllII1HEAS1EJU LINE OF All BISTINSlEASE. A DISTANCE OF
84.20 FEET; 1JEJI:E _3Y2lIM. AIJII& 1IIE SMIEASTEILY LIIE IF All EXISTING
lEASE. A DISJNI:E IF &32 FEET; TIEJI:E Sl7"t8'36'~ lIE SlUnEASlBl.Y
EXmISUIIIF lIE IIIIIIDSml.Y AI&HT IlF IAT LINE IF aIDI ADE. A
DISTAfCE IF l5.!iO ItEr. TIBI:E ....3Y2rE, AL_ A tiNE 10& FEET AlII)
PAlW.lB. 111111 lIE IlASEl.INE UWEY IF SAID STATE IlIAD NO.5o A DISTAIU IF 122. 85
FEET. TIEII:E Jm-3lr2S'"1f. TO 1HE IHlERSECTION IfITH TIE lEAN HUIII IlATER LINE
IF COtDIICEY IWIDI. A DISTMICE' IF 42. 00 FEET IIIAE ell LESS: TfEJICE
IIlIATHIIES1EIlY .. lIE SAID IIEAII HIGH lATER LINE. A DISTMCE IF' 18. 3 FEET
IIOIIE III lESS TO lIE AIINT Of BI.-IN&:
CCIIlITI.HIN6 4, 682 SllUAIlE FEET OR D. 11 ACRES JIIRE OR LESS.
lIMlUIlIJ1B:
I.) BEAIIIN6S SIDIIItEIIBIlI AIlE AELATlYE TO 1lE dlHllESTEll.Y RIW OF lAY LINE
IF STATE ADAD 50 (U. s. 1) IIIICH BEARS "'33" 26" E. AS IIEFEREtUD III TIE
STAlE IF FLaI.DA IlEPAA11lElIT OF 1lWISPlJn'ATlIII AIIlIfT-C1F lAY MAP OF STATE
ROAD NO. 5 (V. s. u.
2.) THIS SKETCH All) lE6AL DESCA'PT'ON DIES NOT COIISTITUE A FIELD StIWEY AS SWl
LEGEND
AI) - flUl)
NlII . MA'L & WAStER
POD . POINT OF BEGINNING
POC .. PO'MT IF COHNEJICE
(D) - DESCRIPI'ION DIMENSION
(e) c CAlClUTEO OIMENSIOH
(P) · PUT OlllENSlON
NOT VALID IUTHOUT ','HE SIGIIATUAE 00
THE IIlU61HAl. SEAl. IF A FUlIUDA
L I CENSEO StmEVOR AIlD MAPPER.
.~~ \.1;J:~~
BRIAN T. BELLINO -0iiE
llCEHSfD SlJRYElOR AfI) NAJIPl:R
flORIDA CERlIFICATIlIN NO. 4973
P. O. BOX 168. ISlAMORAOA. FLORIDA. 33036 PIf. (305)393-0413
'-t"rO"'\
Sheet 1 of 3
Florida Oepar!lent of Transportation. District VI
Financial Project No. N/A
Itel/Seglent No. MIA
M. P. I. No.: N/A
State Project No.: MIA
Federal Project No.: MIA
State Road No. : 5. U. S. 1. MM 63. BAVStDE
County: Monroe
Parcel No.: 6004 Sheet 2 of 3
. .
tIOT YAlID NllHOOT iHf. 81
THE OR I G IIW. SEAL IIF A FUIlIDA
L I CEIISEtt SURVi:'(oR ANG MAPPER.
~.-:.\~lL-c. .,n_~/~
BRIAN T. BELLINO VAlt
UCENSEO SlI!VE"fllA AflI) MAPPER
FLORIDA C9ITIFICATlOM II). 4973
II. O. BOX l5B. I SLAMORADA, FLORI DA. 33036 PH: i 3051393-(1413
SCALE: 1- -30'
LEASE ASSIGNMENT
BE IT KNOWN THAT Monroe County, a political subdivision of the State of Florida, Assignor, in
consideration of the sum ofTen ($10.00) Dollars, paid by the State of Florida Department of Transportation,
Assignee, hereby assigns to the Assignee, that certain Extension of Lease made by Monroe County and
Seashime, LLC dated December 20, 2006, a copy of which is attached hereto as Exhibit "A", covering that
portion of the property described therein as follows:
The land described in Exhibit "A" as Description of Lease Area
Together with the premises therein described, the buildings thereon, and all appurtenances thereto,
To have and to hold the same unto the Assignee from the 27th day of February, 2007, for all the rest of
the years mentioned in the said lease, subject to the rents, covenants, conditions and provisions therein also
mentioned.
1, The Assignee hereby assumes the performance of all of the terms, covenants and conditions of
the lease herein assigned by the Assignor to the Assignee, and will well and truly perform all the
terms, covenants and conditions of the said lease herein assigned, all with full force and effect as
if the Assignee had signed the lease originally as lessor named therein.
2. The Assignee hereby agrees to indemnify and save harmless the Assignor for all manners of suit,
actions, damages, charges and expenses, including attorneys fees and costs that the Assignor may
sustain by reason of the Assignee's breach of any of the terms, covenants and conditions of the
lease herein assigned.
3, This is an assignment and the Assignor's interest in the premises is as Lessor under a lease made
by Monroe County and Seashime, LLC dated December 20, 2006, a copy of which is attached
hereto and made a part hereof as Exhibit "A", Except as provided to the contrary herein, this
assignment is expressly made subject to all the terms and conditions of said underlying lease. If
said underlying lease is terminated, this assignment shall terminate simultaneously. The
Assignee hereby agrees to assume the obligation for performance of all the Assignor's
obligations under the aforesaid lease.
4. Governing Law. This agreement, and all transactions contemplated hereby, shall be governed
by, construed and enforced in accordance with the laws of the State of Florida.
5, Attorneys Fees. In the event that litigation results from or arises out of this Agreement or the
performance thereof, the parties each party shall be responsible for its own attorney's fees, court
costs, and all other expenses, whether or not taxable by the court as costs.
IN WITNESS WHEREOF, this Assignment has been duly executed by the Assignor, this _ day of
May, 2006,
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
By
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
Mayor Mario DiGennaro
STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION
Witness
Witness
District Secretary
Date
EXTENSION OF LEASE
THIS EXTENSION OF LEASE is made and entered into this z.r>iIt. day of ~ , 2006,
by and between MONROE COUNTY, a political subdivision of the State of Florida, whose address is the Gato
Building, 1100 Simonton Street, Key West, FL 33040, hereafter "COUNTY", and TENANT, a limited liability
corporation incorporated in the State of Florida, whose address is 3 North Conch Avenue, Conch Key, FL
33050, hereinafter "TENANT". The parties agree as follows:
WHEREAS, on September 1, 2001, Robert W. Lyne and Carolyn A. Lyne entered into a Lease
Agreement with Florida Department of Transportation for a portion of land on situated on Conch Key, Florida,
attached hereto as Exhibit A and made a part of this Lease Extension Agreement; and
WHEREAS, on November 1, 2002, the Florida Department of Transportation executed a Lease
Assignment to COUNTY for a portion of the property being transferred to COUNTY for a necessary public use;
- and
WHEREAS, on January 21, 2004, the COUNTY authorized execution of an Assignment of Lease
between Robert W. Lyne and Carolyne A. Lyne assigning the lease to TENANT for the remainder of the term
which expired June 30,2006;
WHEREAS, COUNTY had been leasing the property for private use pending the necessary use of the
property by COUNTY; and
WHEREAS, COUNTY determined the property is no longer needed for the proposed necessary use
intended; and
WHEREAS, the Lessee is desirous of purchasing the property but, due to deed restrictions placed on
Monroe County when the property was transferred by FDOT, Monroe County is unable to sell the property; and
WHEREAS, in order for the lessee to purchase the property, Monroe County must transfer the property
back to FDOT for their consideration; and
WHEREAS, on March 15, 2006, the COUNTY approved transfer of the right of way on Conch Key
back to the State of Florida Department of Transportation for their consideration for sale to TENANT; and . _
WHEREAS, the COUNTY and TENANT continue to coordinate with the FDOT to prepare the
documents required by FDOT to facilitate transfer of the property back to FDOT; and
WHEREAS, TENANT desires to extend the Assigned Lease under the same terms and conditions until
the purchase can be completed; now therefore,
IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as
follows:
1, The COUNTY and TENANT desire extending the Lease. as assigned, under the same terms and
conditions until the property reverts back to FDOT.
EXHIBIT
I~
~
2. The COUNTY hereby extends the Lease, as previously assigned, for an additional three-year
term retroactive to July 1, 2006 and ending on June 30, 2009 or until the property reverts back to FDOT,
whichever comes first.
IN WITNESS WHEREOF, the parties have set their hands and seal the day and year first above written.
BOARD OF COUNTY COMMISSIONERS
OF MONROE ~O~O~A
By ~AJf
MA YORlCHAIRPERSON
WITNESSES:
SEASlllME, LLC
By ~ON
Dale
2
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EXHIBIT "An
SKETCH OF LECAL DESCRIPTION
~ \
. CONCH KEY
HARBCR
. LOT 43 . \
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L01' 34
.. CONCH KEY ..
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EXHIBIT "A"
LEGAL DESCRIPTION
THAT PORTION OF STATE ROAD No. 5 (U.S. HIGHWAY No. 1 RIeHT -Of -WAY)
SOUTHEASTERLY Of AND ADJACENT TO LOTS 32 AND 45. ,"CONeH J<EY'.. A
SUBD!VISlON AS RECORDED IN PLAT BOOK 2. PAGE 130, OF SECTIONS 14 AND
15. TOWHSHIP 65 SOUTH, RANGE 34 EAST. OF THE MONROE -COUNTY. FLORIDA,
PUBLIC RECORDS. AND BEING MORE PARTICUlARLY DESCRIBED BY METES AND
BOUNDS AS FOllOWS:....
BEGINNING AT A POINT AT 1HE MOST SOUTHERLY CORNER or SAID LOT 32. ON
iHE NORTHWESTERlY R1GHT-OF-WAY UNE OF SAID STATE ROAD No.5: BEAR
NORTH 68 OEGREES 33 MINUTES 26 SECONDS EAST. AlONG SAID
NORTHWESTERLY RIGHT-Of-WAY LINE. fOR A DISTANCE OF 153.00 rEEl. TO
TtiE SOUTHEASTERLY CORNER OF SAID LOT 45: THENCE BrM SOUTH 21
DEGREES 2& MINUTES 34 SECONDS E\ST. AlONG iHE SOUTHEASTERLY
FROLONCATlON OF THE NORTHEASttRLY UNE OF SAID LOT 45, fOR A DISTANCE
Of 84.20 FEET. TO A POINTi THENCE BEAR SOUTH 68 DEGREES 33 MINUTES
26 SECONDS WEST, ALONG A UNCJ~L '-. fEET NORTHWESTERLY OF AND
PARALLEL WITH THE CENTERUNE (SASEUNE OF SURVei). FOR. A DISTANCE OF'
66.32 FEET. TO A POINT; THENCE BEAR NORTH 67 DEGREES 16 MINUTES 34
SECONDS WEST. ALONG THE SOUTHEASTERlY PROLONC4TION Of' THE
NORiHEASTERLY RIGHT-Of-WAY UNE OF NORTH CONCH AVENUE, fOR A
DISTANCE -OF 120.84 FEET. BACK TO THE POINT Of BEGINNING. CONTAINING ~
~ Of 9,232.9 SQUA.C(E fEET, UORE OR LESS.
LEGEND ABBREYlAno~s.... ...... ... laC s.a:.t ., LIGlC.
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PAC[ IOta
FLORIDA DEPAR.TME~ OF
TRANSPORTATION
DISTRICT .Yl
W.P.L No. : Gl1e.~
srAlr/~ lb. : tOO5C-%SOII
'IWIII .10, No.: "IA.
Sla.. RH4I He:. : 5 (!kyl'\le)
~DUR~,~'r : ~V~ e~ <=1 ~ 6J
11'"",,&1 110. 5CB1 ~l409.' .
This mstrllinent prepared by,
or under the direction of,
SUZANNE A HlJITON,
Monroe County Attorney
FBN# 336122
P. O. Box 1026
Key West, FL 33041
Doc~ 1631134 03/07/2007 11:47AM
Filed & Recorded in Official Records of
MONROE COUNTY DANNY L. KOLHAGE
Docl:l 1631134
Bk~ 2277 Pg~ 1403
QUIT CLAIM: DEED
.~ ~~
THIS INDENTURE, made this ~ day. 2007, by and between the
BOARD OF COUNTY COMMISSIONERS OF MO~OE CO Y, Party of the First Part ("First
Party'), whose address is The Gato Building, 1100 Simonton Street, Key West, Florida, and the
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, Party of the Second Part ("Second
Party'), whose address is 1000 N,W. II1th Avenue, Miami, FL 33172,
WITNESSETH, that the said. First Party, in consideration of reverting back to the Second
Party portions of property transferred for specific public purpose to the First Party on November 1,
2002, (See Quit Claim Deed - Public Purpose, Parcel No. 6015, attached hereto as "Exhibit B" and
made a part hereof), but which have ceased to be used for the described public purpose does hereby
remise, release and quit-claim unto the said Second Party forever, all the right, title, interest, claim and
demand which the said First Party has in and to the following described lot, piece or parcel of land,
situate, lying and being in the County of Monroe, State of Florida, to-wit:
THAT PORTION OF STATE ROAD No.5 (A.K.A. U. S, IDGHWAY No.1)
SOUTHERLY OF AND ADJACENT TO LOTS 32 AND 45, "CONCH KEY", A
SUBDIVISION AS RECORDED IN PLAT BOOK 2, PAGE 130, OF SECTIONS 14
AND 15, TOWNSHIP 65 SOUTH, RANGE 34 EAST, OF THE MONROE COUNTY,
FLORIDA, PUBLIC RECORDS AND BEING MORE PARTICULARLY DESCRIBED
BY METES AND BOUNDS AS FOLLOWS:
COMMENCING AT A POINT AT THE SOUTHERLY MOST CORNER OF SAID
LOT 32, ON THE NORTHWESTERLY RIGHT-OF-WAY LINE OF SAID STATE
ROAD NO.5 AND THE NORTHEASTERLY RIGHT-OF-WAY LINE OF NORTH
CONCH AVENUE, SAID POINT TO BE KNOWN AS THE POINT OF BEGINNING
OF THAT PORTION OF LAND HEREINAFTER DESCRIBED; FROM SAID POINT
OF BEGINNING BEAR NORTH 68 DEGREES 33 MINUTES 26 SECONDS EAST,
ALONG SAID NORTHWESTERLY RIGHT-OF-WAY LINE, FOR A DISTANCE OF
153,00 FEET, TO THE SOUTHEASTERLY CORNER OF SAID LOT 45; THENCE
BEAR SOUTH 67 DEGREES 09 MINUTES 48 SECONDS EAST, FOR A DISTANCE
OF 78.26 FEET; THENCE BEAR SOUTH 37 DEGREES 30 MINUTES 25 SECONDS
EAST, FOR A DISTANCE OF 42.00 FEET TO A POINT; THENCE BEAR SOUTH 68
DEGREES 33 MINUTES 26 SECONDS WEST, FOR A DISTANCE OF 122,85 FEET
TO A POINT ON THE SOUTHEASTERLY PROJECTION OF THE
NORTHEASTERLY RIGHT-OF-WAY LINE OF SAID NORTH CONCH AVENUE;
THENCE BEAR NORTH 67 DEGREES 16 MINUTES 34 SECONDS WEST, ALONG
SAID PROJECTION, FOR A DISTANCE OF 136.34 FEET, BACK TO THE POINT
OF BEGINNING, CONTAINING AN AREA OF 13,915.286, PLUS OR MINUS,
SQUARE FOOT,
(Attached hereto as Exhibit A)
To Have and to Hold the same together with all and singular the appurtenances thereunto
belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim
whatsoever of the said first party, either in law or equity, to the only proper use, benefit and behoof of
the said second party forever.
Doca 1631134
Bka 2277 Pga 1404
L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, ORIDA
------
STATE OF FLORIDA
COUNTY OF MONROE
ZA E A. HUTTON
cou~ ~TORNEY
..!J, ~ (),
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the County
and State aforesaid to take acknowledgments, personally appeared the Mayor/Chairman of the Board of
County Commissioners, to me personally known to be the person described in and who executed the
foregoing instrument and acknowledged before me that he/she executed the same.
and seal in the County and State last aforesaid this jS't:J.Lday of
ffi'}TNESS my hand
~Lld--LJ ' 2007.
~~.Pek(S
Type/Print N e & Number
Notary Public in and for the County and State aforesaid,
~/J(~
Not Signature
My Commissioner Expires:
AAil'\'l M. ~'TERS
'f~ C""'MISS\ON 11003527.4
"~ M'( VlY' embef 7 'l!P:>
1 : :! EXPIRES: Sep\IIbIic~IS
~h......W'< 8On~~~~~-- - .-
.~~~_.--
Doell 1631134
Bkll 2277 PglI 140~
EXHIBIT "A"
LEGAL DESCRIPTION
THAT PORTION OF STATE ROAD No, 5 (A.KA U.S. HIGHWAY No.1)
SOUTHERLY OF AND ADJACENT TO LOTS 32 AND 45, "CONCH KEY", A
SUBDIVISION AS RECORDED IN PLAT BOOK 2, PAGE 130, OF SECTIONS
14 AND 15, TOWNSHIP 65 SOUTH, RANGE 34 EAST, OF THE MONROE
COUNTY, FLORIDA, PUBLIC RECORDS AND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING AT A POINT AT THE SOUTHERLY MOST CORNER OF SAID
LOT 32,. ON THE NORTHWESTERLY RIGHT-OF-WAY LINE OF SAID STATE
ROAD No. 5 AND THE NORTHEASTERLY RIGHT-OF-WAY LINE OF NORTH
CONCH AVENUE, SAID POINT TO BE KNOWN AS THE POINT OF BEGINNING
OF THAT PORTION OF LAND HEREINAFTER DESCRIBED; FROM SAID POINT
OF BEGINNING BEAR NORTH 68 DEGREES 33 MINUTES 26 SECONDS
EAST, ALONG SAID NORTHWESTERLY RIGHT-OF-WAY LINE, FOR A
DISTANCE OF 153,00 FEET, TO THE SOUTHEASTERLY CORNER OF SAID
LOT 45; THENCE BEAR SOUTH 67 DEGREES 09 MINUTES 48 SECONDS
EAST, FOR A DISTANCE OF 78,26 FEET; THENCE BEAR SOUTH 37
DEGREES 30 MINUTES 25 SECONDS EAST, FOR A DISTANCE OF 42.00
FEET TO A POINT; THENCE BEAR SOUTH 68 DEGREES 33 MINUTES 26
SECONDS WEST, FOR A DISTANCE OF 122.85 FEET TO A POINT ON THE
SOUTHEASTERLY PROJECTION OF THE NORTHEASTERLY RIGHT-OF-WAY
LINE OF SAID NORTH CONCH AVENUE; THENCE BEAR NORTH 67 DEGREES
16 MINUTES 34 SECONDS WEST, ALONG SAID PROJECTION, FOR A
DISTANCE OF 136.34 FEET, BACK TO THE POINT OF BEGINNING,
CONTAINING AN AREA OF 13,915,286, PLUS OR MINUS, SQUARE FOOT,
This certifies that the LEGAL DESCRIPTION
os shown above was mode under
my supervision and meets the
"Minimum Technical Standards" set forth
by the Florido Board of Professional Land
Surveyors in Chapter S1G17-6, Florida
Administrative Code, pursuant to Section
472.027. Florida Statutes.
Date DESCRIPTION prepared __.l.!L'!J.L.9E.___.
LEGAL DESCRIPTION
FOR THE BENEFIT OF:
EDWARD BUXTON
FLORIDA DEPARTMENT OF
TRANSPORTATION
EXHIBIT
I-A-
J.P. GRIMES, REGISTERED n.DRIOA SURVEYOR AND MAPPER
P.D.BOX 5'0403 "46th STREET
KEY COLONY BEACH, FL 33051-0403
PH. (305) 743-4510
FAX (305) 743-3277
FLORIDA DEPARTMENT OF TRANSPORTATION
DISTRICT SIX
ITEM/SEGMENT No.
SECTION/JOB No.
F.A.P. No.
State Rd. No.
County/Key
Porcel No.
2503D81
9005D-25D9
N/A
5 (Boyside)
Monroe, Conch Key MM 63
6081
Doell 1631134
Bkll 2277 PglI 1406
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SKETCH OF BOUNDARY SURVEY
FOR LEGAL DESCRIPTION
EXHIBIT "A"
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9
LEGEND
a
"<t
e~ ~ = if sg~~~%~sl~l~6
<. : 7EJ*~(ri; PIPE
.' : FOUND 3/4" PIPE
. ~ .~.,~ ~~I~~~C~N~~ POINT
40d NAlL/PK/NUT
. f' ... POWER POLE
ABBREVIATIONS
CONe. ,. CONCRErE
R/W - RIGHT -OF-WAY
~~~ : ~~~UREO
(D) a DEED/DESCRIPTION
P.D.C. _ POINT OF COMMENCEMENT
P.Q.B. _ POINT OF BEGINNING
~ - CENTERUNE
F.D.C.T. - bW~Jll6trAW6~T
A.K.A, = ALSO KNOWN AS
-=
1>. A.lA.H.W.L. - APPROXIMATE MEAN HIGH WATER LINE
PURSUANT ro CHAPTER 177 OF THE F1.OAIDA STATUTES AND
CHAPTER U-3 Of" THE FLORI04 ADMINISTRATIVE CODE: THE
LOCATION CF THE APPROXIUATE WEAN HIGH WATER UNE. AS SHOWN
HEREON DttS NOT PURPORT TO LOCATE SAID UNE FOR TIDAl..
PROPERTY KlUNDARY PURPOSES, AND WAS NOT LOCATED IN
ACCORDANCE WITH PROCEDURES SpECIFlEO IN THE ACT/RULES.
2) ENCROtCHUENTS DR EXCROACHMENTS AS SHOWN HEREON ARE
BASED ON VISUAllY OBSERVED APPARENT PHYSICAl... USE AND/OR
POSSESSIO. ANO ARE SUBJECT TO REVIEW IF' PROVEN OTHERWISE
J) AU. MOlIUMENTATlON HAVE NO IOENTlFlCATlON EXCEPT AS NOTED.
a
-4-) UNDERGROUND ENCROACHMENTS If mY AAE NOT lOCATED.
5) AU. ANl1ES ARE SO" UNLESS oTHERWISE NOTEO.
FLORIDA DEPARTMENT OF TRANSPORTATION
DISTRICT SIX
ITEM/SEGMENT No.
SECTION/JOB No.
F.A.P. No.
State Rd. No.
County/Key
Parcel No.
2503081
90050- 2509
N/A
5 (Bay.ide)
Monroe, Conch
6081
Key MM 63
2(-D-':;PDI.Ok (j)~j~9 (POCiJic Pt!lSl'.a-~~ - I"'Jo OO~ilt;~~F~~tfi!Oru - feg~rving mR@'WDJ righ!$)
This am,lG'o![i1e!lt pJ",p.llr~QI, by,
01' Qmd;;r Ih'.l ~ire!:ti(lll] .
..Mi.ch I' - 10$ . J
Dcpallment of Trw,sporwioll
Address: 1000 N'J\l 111'" A vellue.
Miami, Florida 3317Z
Parcel No.: 0015
KremiSegme;:i~ No.: 2:'iO:rolll
M~I!i'-!gmg Djsil'k~: Shl
h!liOt\'lRO~ C01lJNIT
OFFIC!~L amcoRDS
FXLm ;;JL 34),4~64
l3lIit :iL a 4& g PG€< 2; 3J :i 5
ReD Jan 10 2803 10a53AM
DANNV T. KOLHAGlIl. CLliRK
QUITCLAIM DEED
Public Purpose
TillS INDENTURE. Made this ~day of I.ilJrJE", &1-. 2()q~y and between the STATE OF FLORIDA by and
through tbe STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION. Party of the First Part. whose address is J.OOQ
~"Avenue. Miami-Florida 33]72, to MONROECOUNTY. Parlyof!heSecond Pan.
Doell 1631134
Bkll 2277 PglI 1407
WITNF..8SETH
WHEREAS, said land hereinafter described was hemofore acquired for stale highway purposes; and
WHEREAS, said land is no longer required for such putpOIle$. and the Party of the First PIIIt. by action of the District
Secretary. District ~ Florida Department of Transportation on ~ber 17. 2002, punmant to the provisions of Section
337,25 Florida Stabiles. has agreed to quitclaim the land hereinafter described to the Party of the Second Part without
consideration. to be used solely for public purposes.
NOW. THEREFORE. THIS lND&vrtJRE WITNESSETH: That the Party of the First Part does bcreby remise. release
and quitclaim unto the Party of the Second Part, and assigns. forever, all the right. title and interest of !he Sblm of Florida
Depanment of Transportatioo to the property hemin described to be u&ed solely for public pUrpoICi. punuant to the provisions
of Sectibn 337.25. Florida Stalutes, all that certain land situalie in ~County. Florida. viz:
(See Exhibit A attached hereto and made a pert hereof)
TO HA VB AND TO HOLD. the said pnmIisea and the appunenanceB thereof unto the Party of the Second Part.
REVERTER - The property herein desc:n"bed is to be u&ed for ~ter treatment pl!lnt silt:. volunteer ~
dcoartmeot. locaIl'OIId. and ancillllnl pabHc pu~ by the Party of the Second Part. If the propeny ceases to be used for the
above described purpose all property rights shall revert back to the said Party of the l'il'Bt Part.
RESERVING UNTO THE PARTY OF THE FIRST PART and its successors, an undivided three-fourths interest in,
and title in and to. an undivided three-fourths interest in all the pbosphate. minerals and mctals!hat arc or may be in. on. or
under the said land and an undivided one-haJf interest in all the petroleum that is or may be in. on. or under said land with the
privilege to mine and develop the same OIl all lands wliemin rhe grantor holds the l'Cquisite intereBt.
IN WITNESS WHEREOF. the State ofPlorida Dcpadment of Transportatioo has cau&ed these presents to be signed in
the name of the StuJe of Florida Departmenr of Transportation by its DiSlricI Secretary. District....siL and il.$ SCI1I to be hereunto
affixed, attested by its Executive Secretary. 00 the date f'1T8t above written.
. "1!llo_,.h
ATI~T: ~~
~~=",",:~I",
""., .;~~-
~::...,.. ....:':-:..~.b.epanment Seal)
~~:..~~'.:-::!.;~=,-~ .-:;l
STATE Ot' FLORIDA ~:~..;:'.
COUNTY OF MIAMI-DAQE
The fQfegoing instrument was acknowledged before me this,2.frl'.N' "'a!1J1.e,'V1.b~'I' by Jose Abmy
District SecretaIy for District..siL. wllO(fSpeiiimlillyrm~to me or wbo has produced :1 AI //1
L:;. </p'
(typelpfintname) A~.1 /L/.L:El....--
Notary Public in and for the Coull.ty,and ~tate last aforesaid.
My Commission Expires: !Zt.<.l../!J y-
as identification,
(AffIx Notary Seal)
- ';;'t.R;IALNUrAK1'lI!iAl.
i KAJll!N WEIll.
NOi'!UlY P'UlILII::8rATBOPJllOBIDt.. '
<OOMMElSlON NO.~
WlVO)M
EXHIBIT
I B
Page ~
Doca 1631134
Bka 2277 Pga 1408
FILm ~:fL 3l ~ 410)(0 ~
SKi 1. a 4 B PGI 2 :3 Jl 7l
SKETCH OF LEGAL OESCRIP1701V
MoI1rr'Je ColHlty "gIIt oF woy OCf/uis/tIon
From FIorido IJepartment 0/ Transportation
Ita
~
f"
I~
II
~:
LEGEND
CERTlAED TO:
FLORIDA DEPARTMENT OF
TRANSPORTATION
P.O.B. - Point at Beginning
P.O.C. - Point of Commencement
IP - Iron Pipe
ND - Nail " Disk
PC - Pipe &: Cop
t - centerline
P - Plot
C - Calculated
t.1 - Measured
D - Deed
F - Found
S -Set
t? - utility pole " guy wire
\II - waterline
Please ." Sheet 1 for
the ~I description. This
sheet 18 not valid or complete
without Sheet 1.
MONROE COUNTY ENGINEERING DEPARTMENT
10600 AI/lATION BOULEVARD. I'olARATHON. FLORIDA 33050
305-289-6074
Florida Deportment
Item/Segment No.:
W,P.I. No.:
Stote Project No.:
Federol Project No.:
Stote Rood No,:
County:
Parcel No: 6015
of Transportation. District VI
2503081
616663
90050
N/A
5/US 1jOverseo$ .Highway
Monroe
Sheet 2 of 2
(Gulfsid<e, MM63)
-,pi
Cj-dJ...oz
6042
eignotunt and original raise<!
of 0 Ucen8ed Sul'Wlyar and Mopper
th s drawing. map, plat, or sketch Is for
informational purpoaes on4y and is not valid.
200 0 200 400
r t J i
148< 15
7-08-02
8'-28-02
02-02
1" - 200'
65 South
J. WIlder
:34Eoet
J. Wild...
Monroa
2
MONROB COUNTY
OFFICIAL RECORDS
Doc" 1631134
Bk.. 2277 Pg" 1409
FIL~ i:JL .344@lJ6~
BKI1S48 PG.2316
LEGAL OESCRIPnON
AIonro~ Coun(y dght of woy acquisition,
from florido Deportment of TronsptKfoliOl'1
A one hundred foot wide portion of Stote Road 5 (U.S. Highway 1) right of way in
fractional section 14- .!k 15, Townllhip 65 South, Range 34 Eost. Monroe County, Florida,
lying south of and contiguous with the northerly ~ht of way line of State Road 5 from
Station 148+00 to StatiOn 159+00 os shown on Flotido Deportment of fran.portion Right
of Way Mop, Section 90050-2509. sheet 12 of 28: inclusive also of the followIng parcel
of land conveyed to the Stat. of Florida Deportment of Transportation in O.R. 1714, P.
659:
Commence at the intersection of the southwesterly right of way line of South Conch
Avenue extended and the northwesterly right of way line of StGm Road 5 (US-1): thence
S 68"33'28- W. alang Hid north...terIy right of way line of State Rood 5 a distance of
10.00 feet to the Point of Beginning. lherice continue along soid ~westerly riGht of wO)'
line and the southeasterly line of LOt 1, according to the plat of Conch Key A Subdi~ion-.
os recorded in Plat Book 2. Page 130 of the Public Records of Monroe County, florida, 0
distance of 48.55 feet: thenee N 22"48'19- E, 0 distance of 39.40 feet to a point on the
oforellClid southwesterly right of wO)' line of South Conch Avenue; thence S 87"16'34- E, along
said southwnterly right of way line a distance of 30.51 feet; thence S 00'38'26- W along
the easterly line of said Lot , a distance of 7.52. feet to the Point of Beginning. containing
763 square feet.
Lea and except a pan:el of land conveyed to Oonakl J. and Shelia R. Holladay in O.R.
1724. P. 1912. said parcel being man particularly cle8cribed a8 follows:
Commence at the intersection of the southwesterty right of way fine of South
Conch Avenue extended and the northwesterly right of way line of State Road 5; thence
S 68"33'28" W along the said northwesterty right of WCIy line of State Rood 5 a dietance
of 56.55 feet to the Point of Beginning: thence S 22"48"9" W. 0 distance of 47.25 feet
ta a ~int on a line drawn between point -/r.- and point "8- of the deacription of Conch
Key Fire Station as recorded in Official Records Book 761. Pages 1 n3 through 1775;
thence N 5719"9- W along said II". a di.tane. of 41.77 feet to the oforuaid point "AU,
said point "A" being a point on lIQid northwesterly right of way line of Stote Road 5; thence
N 68"3J'28- E along said northwesterly right of wO)' line. 0 distance of 57.45 feet to the
Point of Beginning, containing 972 square feet.
The total amount of right of way to be conveyed in this document is 109.791 square feet.
The bearings used in these legal dellCriptions ore boNd on Florida Department of Transportation
Right of Way Map, Section 90050-2509, sheet 12 of 28.
CERTIFlED TO:
A.ORtDA DEPARTMENT OF
TRANSPORTATION
Please see Sheet 2. for
the sketch of the legal
description. This sheet is
not valid without Sheet 2.
MONROE COUNTY ENGINEERING DEPARTMENT
10600 AVIATION BOULEVARD MARATHON. FLORIDA 33050
305- 289-6074
Florida Deportment
Item/Segment No.:
W.P.I. No,:
State Project No.:
Federal Project No.:
Siate Road No.:
County:
Parcel. No: 6015
of Transportation, District VI
2503081
616663
90050
N/A
5!US 1/0\/erseO$" Highway
Monroe
Shee~ 1 of 2
(Gulrside, MM6.3)
This legal description was written under
my direct supenMion and ia true and
correct to the best of my knowledge
belief.
7-08-02
02-02
85 South
34 East
14 8< ~5
Monree
2
MONROE COUNTY
OFFICIAL RECORDS