Resolution 132-1988n
Monroe County Commission
RESOLUTION NO. 132 -1988
A RESOLUTION OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZ-
ING THE CHAIRMAN OF THE BOARD TO EXECUTE A
NOTICE OF FILING SETTLEMENT AND STIPULATION
OF DISMISSAL BY AND BETWEEN THE BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, JAMES S. MATTSON, ESQ., ATTORNEY FOR
McDONALD AND ALLEN, THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS AND THE FLORIDA DEPARTMENT
OF ENVIRONMENTAL REGULATION CONCERNING
SETTLEMENT OF CASE NO. 86-4802, CASE NO.
87-2678 AND CASE NO. 87-3000.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that the Chairman of the Board is hereby
authorized to execute a Notice of Filing Settlement and
Stipulation of Dismissal by and between the Board of County
Commissioners of Monroe County, Florida, James S. Mattson, Esq.,
Attorney for McDonald and Allen, the Florida Department of
Community Affairs and the Florida Department of Environmental
Regulation, a copy of same being attached hereto, concerning
settlement of Case No. 86-4802, Case No. 87-2678 and 87-3000.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 15th day of March, A.D. 1988.
(Seal)
Attest: DANNY 4 KOLHAGE, Clerk
bpi
6Atcjt�_-,jA__
Clerk
C
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Ma or airman
STATE OF FLORIDA
LAND AND WATER ADJUDICATORY COMMISSION
CASE NO.86-4802
CHARLES G. ALLEN and CHARLES
G. McDONALD,
Petitioners,
VS.
FLORIDA DEPARTMENT OF
ENVIRONMENTAL REGULATION,
Respondent.
CASES NO. 87-2678,87-3000
FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS,
Petitioner,
vs.
CHARLES G. McDONALD, CHARLES
G. ALLEN and BOARD OF COUNTY
COMMISSIONERS OF MONROE
COUNTY, FLORIDA,
Respondents.
NOTICE OF FILING SETTLEMENT AND STIPULATION OF DISMISSAL
The parties to the above -styled administrative proceedings, by and through their un-
dersigned counsel, have entered into the following Settlement Agreement, and jointly file
the terms of same in these matters. Upon signature by the last party or counsel and filing
with the Division of Administrative Hearings, this Agreement shall take effect and each pe-
titioner hereto voluntarily dismisses its or his petition.
WHEREAS petitioners Charles G. Allen and Charles G. McDonald in Case No. 86-
4802 have submitted a modification of their permit application to Florida Department of
Environmental Regulation; and
WHEREAS respondent Florida Department of Environmental Regulation has de-
termined that petitioners' modifications have caused petitioners' permit application to be
clearly in the public interest; and
WHEREAS respondent Florida Department of Environmental Regulation has de-
termined that there will be no adverse water quality impacts of petitioners' proposed de-
velopment; and
WHEREAS respondent Monroe County Board of County Commissioners has
adopted the Florida Keys Comprehensive Plan, effective September 15, 1986; and
WHEREAS said Florida Keys Comprehensive Plan is considered by petitioner
Florida Department of Community Affairs to embody the Principles for Guiding Develop-
ment at Chapter 380.0552 (7) (1987), Florida Statutes, with regard to development in up-
lands; and
WHEREAS the Board of County Commissioners of Monroe County, Florida have,
by an affirmative vote of a majority of the Commissioners in attendance at a regularly -
scheduled meeting of said Board, concurred in the settlement reached among Florida De-
partment of Environmental Regulation, Florida Department of Community Affairs, and
Charles G. Allen and Charles G. McDonald,
THE PARTIES, by and through their undersigned counsel or individually, as indi-
cated by their signatures, in consideration of the mutual promises and obligations under-
taken herein, promise and undertake the following:
1. Petitioners/respondents CHARLES G. ALLEN and CHARLES G. McDON-
ALD ("ALLEN & McDONALD") agree to construct the 60 foot long access bridge, and
access fill road, across the wetlands on the subject property according to the final plans
submitted to the Department of Environmental Regulation ("DER") by Glen Boe & Asso-
ciates, Inc., on December 14, 1987, attached as Exhibit A and made a part hereof. The
only significant change in this plan from earlier submissions is the relocation of said access
road to the western boundary line of the subject property.
2
2. ALLEN & McDONALD agree to grant a perpetual access easement to the
owner(s) of the tract westerly of ALLEN & McDONALD's tract of land, utilizing the
aforesaid 60 foot bridge and access fill road, upon the payment of a reasonable fee which is
estimated to be one-half of the cost of constructing said road and obtaining the permits
therefor. A copy of said easement is attached as Exhibit B. Said easement shall be
recorded upon the granting of all necessary permits for said bridge and road.
3. ALLEN & McDONALD agree to construct a box culvert under the
(unculverted) fill access road of the developed (Stern) tract to the west of the tract imme-
diately west of ALLEN & McDONALD's tract, according to the drawing thereof submitted
by Glen Boe & Associates, Inc., on December 14, 1987. A copy of the contractual agree-
ment with the owner of said tract (Stern) is attached as Exhibit C. The purpose of said cul-
vert is to restore supratidal flow to lands beyond the currently unculverted fill road on said
tract.
4. ALLEN & McDONALD agree to complete the balance of the bridge and fill
road according to the designs submitted to DER as part of their application for a permit
pursuant to Ch. 403, Florida Statutes, including the grant of a Conservation Easement to
DER over the undeveloped portion of the wetlands on ALLEN & McDONALD's property.
A copy of said Conservation Easement is attached as Exhibit D.
5. DER agrees to issue a Ch. 403 permit to ALLEN & McDONALD based upon
the foregoing, and upon the permit application as modified.
6. ALLEN & McDONALD agree to the following additional conditions on the
'beach berm hammock" (upland) portion of their property which is the subject of this ac-
tion.
a. The clearing of native vegetation shall be limited to the minimum neces-
sary to allow development of an access driveway, single-family residence, and
pile -supported walkway and stairs over the berm and to the each. Clearing
shall be limited to 10% or less of the 1.18 ± acre beach berm hammock area
(upland).
b. The location of the access road, house footprint, and walkway shall be
flagged in the field before construction begins, and the County biologist shall
3
be consulted to minimize the dislocation of rare or endangered species.
Rare or endangered species of plants that must be removed for development
shall be transplanted to another location on the tract.
c. No outdoor lighting shall be installed which could be seen by turtles
hatching on the beach.
d. The disturbed area shall be monitored, and cleared as required, by the
property owner(s) such that invasive exotic species of vegetation shall not be-
come established on the tract.
e. During construction, ALLEN & McDONALD will maintain a fence
within ten (10) feet of the sides and rear (away from drive) of the residence,
which fence will be designed to prevent incursion of construction materials or
personnel into the undisturbed hammock.
f. ALLEN & McDONALD agree that construction of the fill access road
across wetlands will not commence until a permit therefor has been issued by
the US Army Corps of Engineers.
g. ALLEN & McDONALD agree that construction of the box culvert be-
neath the STERN road (paragraph 3, above) shall be complete prior to
commencement of construction on the ALLEN & McDONALD tract.
7. Petitioner Florida Department of Community Affairs ("DCA') agrees to dismiss
its petitions in Cases No. 87-2678 and 87-3000 in consideration of the additional conditions
agreed to by ALLEN & McDONALD in paragraph 6 above.
8. In consideration of the issuance of a permit by DER (paragraph 5, above),
petitioners ALLEN and McDONALD agree to dismiss their petition in Case No. 86-4802.
9. Respondent Board of County Commissioners of Monroe County, in considera-
tion of the additional conditions agreed to by ALLEN & McDONALD in paragraph 6,
above, and by DCA in paragraph 7, above, hereby modifies Resolutions 162-1987 and 216-
1987 to incorporate the change in the location of the bridge and fill road to the western
boundary of the subject tract, to include the construction of the box culvert on the Stern
tract, and to incorporate the conditions of paragraph 6, above, in ALLEN & McDON-
ALD's County development orders. The foregoing was approved by a majority of the
Commissioners in attendance at a regular meeting of the Board on N\,Cc, k\_ (�� 1988,
and is reflected in the minutes of that meeting as Resolution number f z , -1988.
4
Date:-���[�lG%N
4attson & Tobin
Counsel for McDonald and Allen
by James S. Mattson, Esq.
Date:S
4%ZlAe�
14
uE- geftyt onrhairman
Board of County Commissioners
of Monroe County, Florida
Date: Date: A4 (I / 1989
c
Thomas G. Pelham, Secretary Richard Grosso, Esq.
Florida Department of Community Assistant General Counsel
Affairs Florida Department of Environmental
Regulation
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SHORELINE
BY PLAT —
DRIVEWAY
SURFACE
PLAN VIEW --
OF
SI STERN PROPERTY
SCALE 1" = 100'
DRIVEWA
600'±
\ � 9
PROPOSED
CULVERT
TOE OF SLOPE
SCALE 1" = 20' \
PROPERTY LINE
CULVERT IS TO BE
3'x3'x3O' REINFORCED
CONCRETE. INVERT TO
BE 6" BELOW EXISTING
"MOAT" BOTTOM.
—pel�'oNL.S�'�1101� .._
PROPOSED CULVERT
SCALE 1" = 10'
s�
v
EXISTING
WATER LEVEL
EXISTING
GRADE
APPLICANT: PROPOSED CULVERT MITIGATION AT AGENT:
McDONALD & ALLEN PROPERTY OWNED BY SI STERN GLEN BOE & ASSOCIATES, INC.
P. 0. BOX 3406
PROJECT: (SCALE AS SHOWN) MARATHON SHORES, FL 33052
ACCESS DRIVEWAY (305) 743-9121
ACCESS AND DRIVEWAY EASEMENT
DEED made on 1 dA LE,S
�// -�
f� / , 1988, by CHARLES G.
McDONALD and CHARLES G. ALLEM, Grantors, to DUDLEY POLACK and
MARIAN F. (CROW) POLACK, his wife, Grantees:
Grantors, for and in consideration of TEN DOLLARS and other
valuable consideration, and in settlement of a pending matter
hetween the Grantors and the Florida Department of Environmental
Regulation (Case No. 86-4802 DOAH), have granted, bargained, and
sold to Grantees, their heirs, representatives and assigns
forever, for the purpose of a private right-of-way for iuyr,�ss
and egress over a certain portion of Grantors' property, more
particularly described by metes and bounds on Exhibit A attached
hereto and incorporated by reference, for the benefit of and as
an easement appurtenant to the property described on Exhibit H
attached hereto and incorporated by reference.
The vehicular or pedestrian private right -of -way granted
hereby is limited to residential purposes only. The grai,tees'
right to use of the easement is conditioned upon payment by
Grantees to Grantors of the following: (1) the sum of Eighty
Thousand ($80,000.00) Dollars to reimburse Grantors for part of
the costs incurred in the construction of the driveway, said sum
payable either in cash or property, at the sole option of the
Grantors, and 2) payment of tifty (50%) percent of the periodic
repairs and maintenance costs undertaken and performed during the
term hereof, and a pro -rated share of the real property taxes and
insurance premiums attributable to said right-of-way.
In the event that Grantees' use of the right-of-way is inju-
rious to the estate created or if Grantees shall fail to pay the
Grantors as required, Grantors shall have the right to extinguish
the Grantees' use and enjoyment of this easement. Furthermore,
Grantees shall repair any damage they shall do or cause to be
done to Grantors' road and shall indemnify Grantors again�-t any
loss or damage which Grantees or their agents, invitees or li-
censees shall cause.
Any use of the word "Grantors" or "Grantees" herein shall
include their respective heirs, successors, and assigns.
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals the day and year first above written.
Si ne in 4he -e?ence of:
STATE OF FLORIDA:
COUATY OF M01t 110E:
Gran ors:
2.
��; L(
BEFURE ME, the undersigned authority, this day personally
appeared CHARLES G. McDONALD and CHARLES G. ALLEN, well known to
me and known to me to be the persons described in and who exe-
cuted the above and foregoing Access and Driveway Easement, and
they acknowledged to and before me tPat they executed the same
for the purpus•s therein er.pressrid.
14iirAl�Y; PUe£'ic I
Statel f Florida at Lar<e/
My Commission Expires:
This instrument prephred bye
Kay G. Finley, Rt. 2, Box 551, Surnmr.rland Key, FL 33042
FX_HIBIT A
LEGAL DESCRIPTION
SERVIENT ESTATE
ACCESS AND DRIVE WAY EASEMENT
A tract of land in a part of Government Lot 1, Section 15,
Township 67 South, Range 27 East, on Sugarloaf Key, Monroe
County, Florida and being more particularly described by metes
and bounds as follows:
COMMENCING at the intersection of the West line of Govern-
ment Lot 1 and the Southeasterly right-of-way of Old State Road
4-A, bear Northeasterly, along the Southerly right-of-way line of
Old State Road 4-1, to a point that is 925 feet, measured at
right angles to the West line of Government Lot 1, said point be-
ing the PUINP Oe' BEGINNING of the 'Tract of land hereinafter de-
sccibed:
From said Point of Beginning, continue bearing in a
Northeasterly direction, along the Southerly right-of-way of Old
Stale Road 4-A, to a point that is 943 feet, measured at right
angles from the West line of government Lot 1;
thence bear South and parallel with the West line of Govern-
ment Lot 1 a distance of 240 feet;
thence bear West a distance of 18 feet;
thence bear North a distance of 231.38 feet back to the
Point of Beginning.
K,
EXHIBIT_ B
LEGAL DESCRIPTION
DOMINANT ESTATE
ACCESS AND DRIVE WAY EASEMENT
A tract of land in a part of Government Lot 1, Section 15,
Township 67 South, Range 27 East, on Sugarloaf Key, Monroe
County, Florida and being more particularly described by mutes
and bounds as follows:
COMMENCING at the intersection of the West line of Govern-
ment Lot 1 and the Southeasterly right-of-way of Old State Road
4-A, bear Northeasterly, along the southerly right-of-way line of
Old State Road 4-1, to a point that is 625 feet, weasured at
right angles, to the West line of Government Lot 1, said point be-
ing the POIN1 OF BEGINNING of the Tract of land hereinafter de-
scribed:
From said Point of Beginning, continue bearing in a North-
easterly direction, along the Southerly right-of-way of Old State
Road 4-A, to a point that is 925 feet, measured at right angles
from the West line of government Lot 1;
thence bear South and parallel with the West line of Govern-
ment Lot 1 a distance of 485 feet more or less, to the mean high
water line of the Atlantic Ocean;
thence meander the shoreline of the Atlantic Ocean in a
Southwesterly direction to a point that is 300 feet, measured at
right angles to the preceding course and due South of the POINT
OF BEGINNING; thence bear North, 600 feet, more or less, back to
the POINT OF BCGINNIIJG.
AGREEMENT FOR INSTALLATION OF CULVERTS
THIS AGREEMENT dated this 1a day of January, 1988,
by and between SI STERN (hereinafter "Owr:7ar) and Cht;RLLS G.
ALLEN, JR., and CHARLES G. McDONALD (hereinafter "Users"),
witnesseth:
WHEREAS Owner is the owner of certain real property
located at Sugarloaf Beach, Sugarloai Key, Florida, shown on the
attached property location map, incorporated herein h,. reference,
as Parcel Number 11948-004, said property containing a private
access road leading from State Road 939A to Owner's house; at
id
WHEREAS Users own certain real property also located at
Sugarloaf Beach, Sugarloaf Key, Florida, shown on the attached
property location map as Parcel Number 11980-UU5, on which they
intend to construct a single-family residence and access road,
permits for which have been applied for and are pending; and
WHEREAS the Florida Department of Environmental
Regulation (DER) has agreed to issue its permit for the
construction of Users' access road on the condition that Users
install culverting underneath Owner's private access road; and
WHEREAS said pulverting will be biologically beneficial
to the wetlands portion of Owner's property; and
WHEREAS Owner desires to cooperate with and to assist
Users to the maximum extent consistent with his rights of
property and privacy,
IT IS, THEREFORE, AGREED AS FOLLOWS:
I. PURPOSE OF AGREEMENT. Users may, at their own
expense and at no expense to Owner, install or cause to be
installed culverting, as shown on the attached drawing wade by
Glen Boe, Professional Engineer, underneath Owner's access; rood
upon. the conditions hereafter set forth.
20 ACCESS FOR INSTALLATION. During the term of ti-,is
agreement, Owner shall provide reasonable access to his private;
road for Users or their agents in the installation of t;-:e
culverting.
3. C0,11MENCEMENT OF TERM. The term of this agreement
and the access provided hereunder shall commence when Users
provide written notice to Owner that all permits necessary for
the construction of their access road and residence have been
issued and that Users are ready to begin the installation of the
culverts.
4. REASONABLE TIME FOR COMPLETION. Users and their
agents shall proceed to complete the installation as
expeditiously as may be reasonable and consistent with local
standards of the construction industry. From the time of ground-
breaking, Users shall have three (3) days in which to complete
the installation of the culvert and restore the road surface. If
for any reason other than an Act of God the Users shall fail to
complete the installation within said three-day period, Owner
reserves the right to take over the supervision of the work and
to complete it at Users' expense. Groundbreaking shall take
place at Owner's convenience and with his express permission as
to the date of commencement.
5. REPAIR OF DAMAGE. Users shall repair all damage
and replace all fill and plantings removed or damaged by reason
of the installation of the culverts and restore Owner's property
to the condition in which they found it within one (1) day after
installation of the culvert.
Users shall ensure that Owner has access to his road
during all phases of the installation upon his request.
6. TERMINATION OF AGREEMENT. The term of this
agreement shall cease and determine upon the completion of the
installation of the culverts, the final inspection by any
governmental entity with jurisdiction over said installation, and
the completion of all repairs and replacements described in
paragraph 5 hereof.
7. NONLIABILITY OF OWNER. This agreement shall not
be construed or deemed to impose any liability upon Owner for any
claims for bodily injury, death or property damage resulting or
arising from or in connection with the installation of the said
culverts.
8. INDEMNIFICATION OF OWNER. This agreement and the
work carried out in pursuance hereof shall not subject Owner or
Owner's property to any claims or liens by contractors,
subcontractors or materialmen, and Users shall indemnify and hold
Owner harmless from any such claim or lien.
9. NOT EASEMENT OR GRANT OF ACCESS OR USE. It is
expressly understood that upon the termination of this agreement
no person or entity shall have any greater right of access to or
use of Owner's property than it would have had if this agreement
had never been executed. Owner's road shall retain its original
character as a private access road. This agreement shall not be
construed as or deemed to be or to create an easement or a grant
of any right of access beyond the limited term set forth herein.
10. ENTIRE AGREEMENT; AMENDMENTS. This agreement sets
forth the entire agreement between the parties hereto and may be
altered or amended only in a writing signed by the parties and
appended hereto.
IN WITNESS WHEREOF, the parties have signed this
agreement on the day first above written, intending to be legally
bound.
Witnesses s Q Owner:
L_
t
-Z
Witnesses as to Users:
. s1
UOL�A
STATE OF FLORIDA:
COUNTY OF MONROE:
U n r
BEFORE ME, the undersigned authority, this day
personally appeared CHARLES G. ALLEN, JR., and CHARLES G.
MCDONALD, well known to me and known to me to be the persons
described in and who executed the above and foregoing Agreement
for Installation of Culverts, and they acknowledged to and before
me that they executed the instrument for he purposes herein
expressed. %r
N T 1 P IC
Sta of Florida at r.ar,C
My commission expires;;./.:
STATE OF FLORIDA: s /
COUNTY OF. MONROE;
BEFORE ME, the undersigned authority, this day
personally appeared SI STERN, well known to me and known to me to
be the person described in and who executed the above and'
foregoing Agreement for Installation for Culverts; and he
acknowledged to and before me that he executed the ,i.a., trument for
the purposes herein expressed. /
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NOTvolxssion
P B IC
Sta Florida
My expires;
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SHORELINE
BY PLAT—
PLAN VIEW
OF
SI STERN PROPERTY
6F,21±
SCALE 1" = 100'
ul) yOG�
DRIVEWA
--
600't
�-.,... '
'— — ...
9
DRIVEWAY PROPOSED
SURFACE CULVERT ``�•.;�•.+w'� \. ,
TOE OF SLOPE 9
SCALE l " 20'
' w �
PROPERTY LINE N
owl
CULVERT IS TO BE
3'x3'x3O' REINFORCED
CONCRETE. INVERT TO
BE 6" BELOW EXISTING, 30'
"MOAT" BOTTOM.
APPLICANT:
14CDONALD & ALLEN
PROJECT:
ACCESS DRIVEWAY
PROPOSED CULVERT
SCALE 1" = 10
PROPOSED CULVERT MITIGATION AT
PROPERTY OWNED BY SI STERNw
(SCALE AS SHOWN)
EXISTING
WATER LEVEL
EXISTING
GRADE
AGENT:
GLEN BOE & ASSOCIATES, INC.
P. 0. BOX 3406
MARATHON SHORES, FL 33052
(305) 743-9121
CONSERVATION EASEMENT
KNOW ALL MEN BY THESE PRESENTS that for and in consideration
of the settlement of Case No. 86-4802 DOAH, brought by the
Florida Department of Environmental Regulation against the
Grantors, CHARLES G. McDONALD and CHARLES G. ALLEN, as Grantors,
have bargained, sold, conveyed and granted to the State of
Florida Department of Environmental Regulation, Grantee, a con-
servation easement in accordance with Section 704.06, Florida
Statutes (1985). in and over the wetlands portion of the follow-
ing described real property in Monroe County, Florida:
SEE EXHIBIT A, attached hereto and incorporated by refer-
ence.
In accordance with Section 704.06, Florida Statutes (1985),
and the terms of this easement, the following activities are pro-
hibited on the subject property:
1. Construction or placing of buildings, roads, signs,
billboards or other advertising, utilities, or other structures
on or above the ground;
2. Dumping or placing of soil or other substances or mate-
rial as landfill, or dumping or pacing of trash, waste, or un-
sightly or offensive materials;
3. Removal or destruction of trees, shrubs, or other vege-
tation;
4. Excavation, dredging, or removal of loam, peat, gravel,
soil, rock, or other material substance in such manner as to af-
fect the surface;
5. Surface use except for purposes that permit the land or
water area to remain predominantly in its natural condition;
6. Activities detrimental to drainage, flood control, water
conservation, erosion control, soil conservation, or fiish and
wildlife habitat preservation;
7. Acts or uses detrimental to such retention of land or
water areas.
PROVIDED, however, that this easement does not preclude the
following specific activities from being undertaken on the
subject property as authorized pursuant to the above referenced
Case No. 86-4802-DOAH: all activities contemplated in the
Settlement Agreement in Case No. 86-4802 DOAH, including but not
limited to construction of an access road and single-family
residence.
IN WITNESS ;�Xday
EOF, Grantors�have hereunto set their hands
and seals this of �C. :1dz. 19
Signed in the presence of: GRAN S
�U
STATE OF FLORIDA:
COUNTY OF MONROE:
BEFORE ME, the undersigned authority, this day personally
appeared CHARLES G. McDONALD and CHARLES G. ALLEN, well known to
me and known to me to be the persons described in and who exe-
cut.ed the above and foregoing Conservation Easement, and they ac-
knowledyed to and before me that thEy executed th 'lime for the
purpa::ej therein expressed. 1
NOTAR' UIL C
STATE % Florida at Large)'
My commission expires: ,/� -,7
This instrument prepared by:
Kay G. Finley
Route 2, Box 551
Summerland Key, FL 33042
EXHIBIT _A
LEGAL DESCRIPTION
CONSERVATION EASEMENT
THE WETLANDS PORTION ONLY, as it may from time to time be
defined and described, of the following described real property:
A tract of land in a part of Government Lot 1, Section 15,
Township 67 South, Range 27 East, on Suciarloaf Key, Monroe
County, Florida and being more particularly described by metes
and bounds as follows:
COMMENCING at the intersection of the West line of GOVCrn-
ment Lot 1 and the Southrzast.erly right-of-way of Old State Road
4-A, bear Northeasterly, along the Southerly right-of-way line of
Old State Road 4-1, to a point that is 925 feet, measured at
right angles to the West line of Government Lot 1, said point be-
ing the PwN,t Oi, BEGINNING of the Tract of land hereinafter de-
scrited:
From said Point of Beginning, continue bearing in a
Northeasterly direction, alonq the Southerly rigl,t-of-way of old
State Road 4-A, to a point that is 1200 feet, measured at right
angles from the West line of government Lot 1;
thence beer South and parallel with the West line of Govern-
ment Lot 1 a dist.an:r, of 485 feet, more or less to the mean high
water line of the Atlantic Ocean;
thence meander the high water line of the Atlantic Ocean in
a southwesterly direction to a point that is 275 feet, measured
at tight angles to the preceding course and due South of the
Point of Beginning;
thence bear North, 485 feet, more or less, back to l..e Point
of Beginning.
2