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Resolution 121-1985 Art Skelly Director of Airports RESOLUTION NO. 121_1985 A RESOLUTION OF THE BOARD OF COUNTY COMl-lIS- SIONERS OF MONROE COUNTY, FLORIDA, APPROVING AND RATIFYING THE EXECUTION BY THE MAYOR AND CHAIRMAN OF THE BOARD OF THE AGREEMENT BY AND BETWEEN MONROE COUNTY, FLORIDA, AND THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION CON- CERNING THE FOUR-LANING PROJECT OF U.S. II S.R. 5. ADJACENT TO THE MARATHON AIRPORT. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the execution by the Mayor and Chairman of the Board of County Commissioners of Monroe County, Florida, of the agreement by and between Monroe County, F10irda and the State of Florida Department of Transportation concerning the four-1aning project for U.S. I/S.R. 5 adjacent to the Marathon Airport, a copy of same being attached hereto, is hereby approved and ratified. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 12th day of April, A.D. 1985. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ~ B ... ~~ Y , - f'" '~l'-," . . ayor alrman \--- (Seal) Attest : DANNY L. KOLHAGE, Clerk ,'I , / /; // /'1' ,d;- ,--/L'Oa/~ ~,,:;(-~>~;>r'VN'-C"<V. .' <~ ,C erk / '[) AS TO FORM ~i. SUFFICIENCY. . .. ~ ~.. - hA Attorney's Office BY This instp.m;mt prepared by , Lucien C. Proby , County Attorney Key West, Florida 33040 90040 -::Ie 18 AGREEMENT THIS AGREEMENT is executed this 2t.jr!. day of Jal?tlqr!l , 1985, by and between Monroe County, State of Florida, (hereinafter MONROE COUNTY), and the State of Florida Department of Transportation (hereinafter F .D.O.T.). RECITALS: WHEREAS, the Monroe County Commission has stated through Resolutions No. 266-1982 and No. 224-1983, its intent to advance funding of engineering costs from the Monroe County Transportation Trust Fund for the Four-Laning, of U.s. 1/S.R. 5, adjacent to the Marathon Airport, and - WHEREA,S, the F.D.O.T. has demonstrated a willingness to transfer a forty (40') foot strip of land adjacent to the Marathon Airport for the dual purpose of implementing the Four-Laning Project and expanding the Airport property, and that the F.D.O.T. has assigned Project No. 90040-3518, WPI No. 6116762, to the Four- Laning Program, and WHEREAS, MONROE COUNTY is willing to establish in favor of F.D.O.T. drainage catchment areaslretention ponds at either end of the Airport property to receive runoff from the reconstructed and Four-Laned U.S. t/S.R. 5 including ingress- egress and maintenance easements thereto and therearound from the U.S. 1/S.R. 5 right-of-way, and WHEREAS, the Monroe County Commission has determined that a need exists for the Four-Laning of U.s. 1 near the Marathon Airport, and that the project should be completed at the earliest possible date; NOW THEREFORE, in consideration of the mutual covenants stated herein, and other good and valuable consideration, the parties agree as follows: 1. TRANSFER OF RIGHT~F-WA Y The F.D.O.T. shall transfer by appropriate Quit-Claim Deed, the Northerly forty (40') feet of right-of-way State Road 4-A (U.S. NO.1) adjacent to Marathon Airport (approximately 7.70, plus or minus, acres) in conjunction with State Project No. 90040-3518, WPI No. 6116762. The legal description of the said right-of- way to be transferred is attached hereto as "Exhibit A" and incorporated herein. This transfer shall be subject to a condition precedent on the part of MONROE COUNTY as stated in Paragraph 2 below. -}- 2. ENGINEERING COSTS POR REDESIGN MONROE COUNTY hereby agrees to advance payment for any and all necessary engineering costs that will be required to accomplish a complete redesign of the existing design accomplished in 1978 of the said segment of U.s. l/S.R. 5 adjacent , to the Marathon Airport. The parties take notice of MONROE COUNTY Resolution No. 224-1983 and acknowledge that proper authorization has already been granted for this purpose. By execution hereof, MONROE COUNTY ratifies the said Resolution and incorporates its terms herein by reference. 3. RETENTION PONDS, EASEMENTS AND MAINTENANCE UPON TRANSFER OF THE PARCEL REFERRED TO IN PARAGRAPH 1 ABOVE The F.D.O.T. shall enjoy a perpetual easement of ingress and egress, as well as access to and from, and storm-water drainage use of, two proposed retention ponds and their appropriate outfalls. A description of the ponds is attached hereto and incorporated herein as "Exhibit B" and "Exhibit C". The rights of access shall include easements for construction of the ponds under normal F .D.O.T. requirements. Maintenance of the retention ponds, including outfall and associate easements, will be the responsibility of MONROE COUNTY, and if not properly maintained to the satisfaction of the F .D.O.T., these facilities will in turn be immediately maintained, on an interim basis only, by the F .D.O.T. Due compensation for such remedial costs incurred, shall be reimbursed by MONROE COUNTY to the F .D.O.T. 4. REDESIGN PROCEDURE MONROE COUNTY shall direct and authorize the redesign work under the direction of the F .D.O.T., and in coordination with the F .A.A., so that all design and engineering work shall be in accordance with appropriate F.D.O.T., MONROE COUNTY and F .A.A. standards and procedures. The F .D.O.T. hereby agrees to use reasonable diligence in assisting MONROE COUNTY in the redesign process. . 5. LANDSCAPING MONROE COUNTY hereby agrees to pay for any reasonably anticipated landscaping items as indicated in the revised design concept of the Four-Laning Project. The said landscaping items are anticipated to be more particularly described in the construction plans and contract documents to be prepared under the terms of this Agreement. 6. F .A.A. REIMBURSEMENT In consideration of the significant benefits accruing to the Marathon Airport under this Agreement, MONROE COUNTY shall direct its consulting engineers -2- to complete and file, on behalf of the Board of County Commissioners of Monroe County, Florida, grant applications with the F .A.A. for reimbursement of the said engineering costs, and for future Federal/State participatory funding of the planning, engineering and construction cost for the Airport related elements of the project. I Executed the date and year first above written. ~O~7l 7Jtd-~0 less ~~t fi::I,J.~ 1(~c1fh 7), tot/1ah- Witness ~ 1.d~ BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ~ . - BY: C -=> BY: Approved; ~:L~4'!1,:f:t.. Attorney . D.C:;:~ -3- . "EXHIBIT A" LEGAL DESCRIPTION (N ortherly 40.00 feet of S.R. 4-A) A parcel of land in Section 1, Township 66 South, Range 32 East and in Section 6, Township 66 South, Range 33 East, Vaca Key, Monroe County, Florida, being the northerly 40.00 feet of State Road 4-A adjoining the southerly boundary of that certain Parcel "1" acquired from the State of Florida, State Road Department by Quitclaim Deed, dated December 29, 1958, and recorded in Official Records Book 144, Page 590 and 591 of the Public Records of Monroe County, Florida less the West 26.99 feet thereof. Said parcel contains '1.68 acres more or less. Said parcel subject to the following easements: 1. A 20 foot wide ingress and egress easement for construction and maintenance purposes, lying in Government Lot 2 of said Section 6, being more particularly described as follows: Commence at the SW corner of Section 1, Township 66 South, Range 32 East; thence North along the West line of said Section 1 for 125.28 feet to an intersection with the northerly right-of-way line of State Road 4-A (U.S. Highway No. 1); thence N67OSI'00"E along said northerly right-of- way line for '1112.60 feet-to the point of curvature of a circular curve concave to the southeast; thence continue northeasterly along said northerly right-of-way line, along the arc of said curve having a radius of 2980.93 feet; and a central angle of 10OUO'00" for 520.27 feet to the point of tangency; thence continue along said northerly right-of-way line N77OSI'00"E for 267.00 feet to the Point of Beginning of the hereinafter described easement; thence continue N77OS1'00"E along said northerly right-of-way line for 20.00 feet, thence SI2OU9'00"E for 40.00 feet; thence S77OS1'00"W for 20.00 feet; thence NI2OU9'00"W for 40.00 feet to the Point of Beginning. 2. A 20 foot wide ingress and egress easement for construction and maintenance purposes, lying in Government Lot 2 of said Section 6, being more particularly described as follows: Commence at the SW corner of Section 1, Township 66 South, Range 32 East; thence North along the West line of said Section 1 for 125.28 feet to an intersection with the northerly right-oC-way line oC State Road 4-A (U.S. Highway No. I); thence N67OS1'00"E along said northerly right-of- way line for 7112.60 feet to the point of curvature of a circular curve concave to the southeast; thence continue northeasterly along said northerly right-of-way line, along the arc of said curve having a radius of 2980.93 feet; and a central angle of 10000'00" for 520.27 feet to the point of tangency; thence continue along said northerly right-oC-way line N77~1'00"E for 426.00 feet to the Point of Beginning of the hereinafter described easement; thence continue N77OS1'00"E along said northerly right-oC-way line for 20.00 feet, thence SI2009'00"E for 40.00 feet; thence S77OS1'00"W for 20.00 feet; thence NI2~9'00"W for 40.00 feet to the Point of Beginning. 3. A 20 foot wide ingress and egress easement for maintenance purposes, lying in the S 1/2 of the SW 1/4 of said Section 1, being more particularly described as follows: Commence at the SW corner of said Section 1; thenc.e North along the Westerly line o(said Section 1 for 125.28 feet to an intersection with the northerly right-of-way line of State Road 4-A (U.s. Highway No.1); thence N67ctsl'00"E along said northerly right-of-way line for 446.50 feet to the Point of Beginning of the hereinafter described easement; thence continue N67ctsl'00"E along said northerly right-of-way line for 25.30 feet; thence SI5"37'32"W for 50.61 feet; thence S67OSl'OO"W for 25.30 feet; thence N15~7'32"E for 50.61 feet to the Point of Beginning. HLS/lvc 401-007.20 ~~ ~ ~o 0 - 0 ;.. 0 0 0 ~~ "" ~ ,., lQ ~ ~ ~ II)~ .... CI ... C> It- ... ... ... ... ... .... <:l N . .... .... . . ~ el~ ~ ~ ~ ~ "l "l ~ ~ l~ ~ ~ ~ i-. ~ ~ ~ '??,.,c!"??? ~CD......:.. to-.......... a ie ,. .. 1ft l" ,. ,. ,. ..'..... It- .- .-- ... It- It- It- ~..... ~ = ~ ~ ~ ~ ~ IIIQIZ Z en {I} Z Z Z Z ~ "" \I)"" % 8 ca = .... N M .. U') .... - - .... ~ .... '" \J ~ 0 0 0 0 0 0 0 ~ CI c:: ~ c c c c c c co c co c C> \I) ... . ... . .... . .... .... Q \!)~ ;..J ~ ~ ;..J lI.I ~ ~~.~~~~~i, '?cc???? Q:-- - 01-0>- ~ 'A;'P4"P4" iii to- ~ It- .... to- ... It- 11'\...... .... .... .... t"- .... to- "" Z ell {I} Z Z CI) {I} t ~ W).. .. "' .. III . ..... ~ ~ e ,.0 Z .... ZO . . 0: ...t- ~~; 0 .~ ." CIa: u<: 10 I :I; ClaZ Q:' Um ~~. CIaO < I 0... OQ' ~~' - ~~, 5 ~o: <0 Q ~! 8~ uz <~ e~ :c~ ~~ =~ CD. i I ~ tI, I' ~ (rj f! I ~ 4-. Ii ~ [[ >-.- -...J Q: ~ ~ ~ t...: II) ~...... ct l' 0 ~~ / < V) )..~ ,,~ ~~ ~.. ~C:) o~ ~q; ,.... I , /LA y' l_ J , , ~ . o ~ ... ~ . .... II '> ..... ~ ~ t\. ~ ...... ~ , 0tI' ). I ).. ~ ! ! ~ q; o .... ~ ~ "\oaI ~ ..........~ ct ~ ~ ~ ~ ~ ~ ~ ~...............~ \0 ~ . , o II '" ... ~ J ).. ~ ~ ! ] It: ! I..: '" II) . ~ , ~ \ ~ ~ 0 ... ~ ~ t'\ . ..... r -c;:j- IQ v) ,~ ~ ~ .9f1/ ~. IrN () ~ l~~ ~ " ~ ~ ~ ~ . BO~- ~ .()ft)~ . ~~ '~ ~~~... ~ "J ....lI')~ () .; q~ .. .. q: ~ C'\ ~... ~ ,II) ct. ow ~w ~..:. 1Ii~ "EXHIBIT B" LEGAL DESCRIPTION (West Pond in Marathon Airport) A parcel of land being a portion of the S 1/2 of the SW 1/4 of Section 1, Township 66 South, Range 32 East, Vaca Key, Monroe County, Florida, lying wIthin the limits of the Marat~on Airport Property as acquired from the State of Florida, State Road Department by Quitclaim Deed as recorded in Official Records Book 144, Page 590 and 591 of the Public Records of Monroe County, Florida, being more particularly described as follows: Commence at the SW corner of said Section 1; thence North along the westerly line of said Section 1 for 125.28 feet to an intersection with the northerly right-of-way line of State Road 4-A (U.s. Highway No. 1); thence N67ctsl'OO"E along said northerly right- of-way line for 394.52 feet to southeast corner of that certain parcel of land leased to Disabled American Veterans, Inc. by Monroe County Resolution Number 219-1979; and the Point of Beginning of the hereinafter described ,parcel; thence continue N67~I'OO"E along said northerly right-of-way line 1052.48 feet; thence N22CU9'00"W for 318.70 feet; thence S59~9'09"W for 993.75 feet to the intersection of the northerly extension of the easterly line of said parcel leased to the Disabled American Veterans, Inc.; thence South along the easterly property line and its northerly extension thereof for 184.94 feet to the Point of Beginr\iDg, less that certain parcel of land being used as a wayside park approximately 60' x 80', adjacent to the southerly boundary of the previously described property and lying, 280 feet more or less easterly of the Point of Beginning of the previously described property, containing 0.11 acres more or less. Said parcel contains 5.55 acres, more or less. AN D together with the following described easements: 1. A 20 foot wide ingress and egress easement for maintenance purposes, lying in the S 1/2 of the SW 1/4 of said Section 1, being more particularly described as follows: Commence at the SW corner of said Section 1; thence North along the westerly line of said Section 1 for 125.28 feet to an intersection with the northerly right-of-way line of State Road 4-A' (U.s. Highway No.1); thence N67~1'00"E along said nt>rtherly right-of-way line for 446.50 feet to the Point of Beginning of the hereinafter described easement; thence continue N67~1'00"E along said northerly right-of-wp.y line for 25.30 feet; thence S15~7'32"W for 50.61 feet; thence S67ctsl'00"W for 25.30 feet; thence N15~7'32"E for 50.61 feet to the Point of Beginning. 2. A 20 foot wide easement for construction and maintenance of a storm water overflow pipe line, lying in said S 1/2 of the SW 1/4 of said Section 1, being more particularly des.~ribed as follows: Com mence at the S W corner of said Section 1; thence North along the westerly line of said Section 1 for 125.28 feet to an intersection with the northerly right-of-way line of State Road 4-A (U.s. Highway No. 1); thence N67~1'OO"E along said northerly right-of-way line for 394.52 feet to. s.aid southeast corner of the D.A.V. property; thence North along the easterly property line and the northerly extension thereof, of said parcel leased to the Disabled American Veterans, Inc. for 184.94 feet; thence N59CJ9'09"E for 50.72 feet to the Point of Beginning of the hereinafter described easement; thence N55~8'51 "W crossing the westerly clear zone of Marathon Airport for 402.99 feet to an intersection with the easterly right-of-way line of said Aviation Boulevard, thence North along said easterly right-of-line for 24.13 feet; thence S55~8'51"E for 425.94 feet; thence S59"19'09"W for 22.12 feet to the Point of Beginning. HLS/lvc 401-007.20 -- ~ . C) ~ ~ i ~ " II) ~ . ~ '" ~ IQ ~ ~ ~ ~ It' ~h I:. I:. ;., I:. ;., .. ~ C) ... ~"': 1ft "'! .. "'! <It a: . It ~ I/) 1/):: .. 1ft co ... co .. .... .. COt 1ft COt ... - ~ ~ .... .. ... . " "'" ~ ... "'" , . ~ " .; ~ ,.. IQ ~ '" ~ e~ ~ UI ~ ~ UI II: II: II: II: ~ i. co co COt co COt .. co !I' !=' '" co !" :c rt;i=i=;;~r ~ CI: ~0>1'-1'-...1'-'" 0 II'>> .. to .... U) ... ~V1:ZZ.V1V1Z. :z ).. ~ ~ ~ ~ ] ~ ~ ... V') CO ... COt '" .. ... OlD V') .. ~... ... ... ... ... ... ... t ~ a .0 z zo .... 0= fa · ...t- ~~> 0 .;, II:fo -== 0<2 ~. ~s~ CD · :;0 Q =( ~z OCD ..1~~ ~o -< C Q~ OQ~ ~ ~:; ~ .. ..1 ... C lI3 ~o: !< < 0:; Q Do 9 c :IE : o~~ o ~ OZ<< <1lQ: os. ... IlQ f =~~ o~c ... II: ~ \ =02 en Do. << .~ i ..... ~ i ~ Q. 1 ~ ~ .... 'li{ "I ~ ~I ::Jc ,Mi ~ -f ~ '. " ii ........." ~ ~i ~ "" ei ~ ~ ~"E'~~ ~ Ii C>~ F..:'ps "' ::l [I] "/. ~.. J.-.:: -'..;oS' ~ oP Q:: c: ~ ~ ~ ~ . ~t ~ ~ () ~ ~ ~ ~ ~ ~. . ~~ "" 10 v) It) I ~ ~~ ~ oJ.... ~~ .991 ~~ ~~ ~~ ~ ~ ~~ ,.._~ t '" VI... It ~ e .. PI .. '" . ... . _ ~ VI ~ ~, ~ .; "EXHIBIT C" LEGAL DESCRIPTION (East Pond in Marathon Airport) A parcel of land being a portion of Government Lot 2 of Section 6, Township 66 South, Range 33 East, Vaca Key, Monroe County, Florida, lying within the limits of the Marathon Airport property as acquired from the State of Florida, State Road Department by Quitclaim Deed, as recorded in Official Records Book 144, Page 590 and 591 of the Public Records of Monroe County, Florida, being more particularly described as follows: I I Commence at the SW corner of Section 1, Township 66 South, Range 92 East; thence North along the West line of said Section 1 for 125.28 feet to an intersection with the northerly right-of-way line of State Road 4-A (U.s. Highway No. 1); thence N67~1'00"E along said northerly right-of-way line for 7112.60 feet to the point of curvature of a circular curve concave to the southeast; thence continue northeasterly along said northerly right-of-way line, along the arc of said curve having a radius of 2980.93 feet and a central angle of 10000'00" for 520.27 feet to the point of tangency; thence continue along said northerly right-of-way line N77~1 tOOtlE for 247.00 feet to the Point of Beginning of the hereinafter described parcel; thence continue N77~1'00"E along said northerly right-of-way line for 327.00 feet; thence N12CU9'00"W for 250.00 feet; thence S77~1100"W for 327.00 feet; thence SI2~9100"E for 250.00 feet to the Point of Beginning. Said parcel contains 1.88 acres, more or less. AND together with the following desctibed easements: , 1. A 20 foot wide ingress and egress easement for construction and maintenance purposes, lying in said Government Lot 2, being more particularly described as follows: Commence at the SW corner of Section 1, Township 66 South, Range 32 East; thence North along the 'West line of said Section 1 for 125.28 feet to an intersection with the northerly right-of-way line of State Road 4-A (U.S. Highway No.1); thence N67~1'00"E along said northerly right-o(-way line for 7112.60 feet to the point of curvature of a circular curve concave to the southeast; thence continue northeasterly along said northerly right-of-way line, along the arc of said curve having a radius of 2980.93 feet; and a central angle of 10000'00" for 520.27 feet to the point of tangency; thence continue along said northerly right-of-way line N77"51'00"E for 267.00 feet to the Point of Beginning of the hereinafter described easement; thence continueN77~1'00"E along said northerly right-of-way lin~ for 20.00 feet, thence SI2CU9'00"E for 40.00 feet; thence S77"51'00"W for 20.00 feet; thence NI2CU9'00"W for 40.00 feet to the Point of Beginning. 2. A 20 foot wide ingress and egress easement for construction and maintenance purposes, lying in said Government Lot 2, being more particularly described as follows: Commence at the SW corner of Section 1, Township 66 South, Range 32 East; thence North along the West line of said Section 1 for 125.28 feet to an intersection with the northerly right-of-way line of State Road 4-A (U.S. Highway No.1); thence N67~1'00"E along said northerly right-of-way line for 7112.60 feet to the point of, curvature of a circular curve concave to the southeast; thence continue northeasterly along said northerly right-of-way line, along the arc of said curve having a radius of 2980.93 feet; and a central angle of 10000'00." for 520.2.7 feet to the point of tangency; thence continue along said northerly right-of-way line N77"51'00"E for 426.00 feet to the Point of Beginning of the hereinafter described easement; thence continue N77~1'00"E along said northerly right-of-way line for 20.00 feet, thence SI2CU9'00"E for 40.00 feet; thence S77"51'00"W for 20.00 feet; thence N12009'00"W for 40.00 feet to the Point of Beginning. 3. A 20 foot wide easement for the construction and maintenance of a portion of the storm water overflow pipe line, lying in Lot 14, Coral Colony, according to the plat thereof, as recorded in Plat Book 3, Page 122 of the Public Records of Monroe County, Florida; in yovernment lot 2, Section 6, Township 66 South, Range 33 East, Key Vaca, Monroe County, Florida, being more particularly described as follows: Begin, at the Southeast corner of said Lot 14; thence northerly along the westerly right-or-way line of Buttonwood Road (lOOth Street), according to the said plat of Coral Colony for 20.00 feet; thence Westerly at right angles from the last described course for 20 feet more or less to an interesection with the easterly edge of an existing canal; thence Southerly along said easterly edge of said canal for 20.00 feet to an intersection with the southerly lot line of said Lot 14; thence Easterly along said southerly lot line for 20.00 feet more or less to the Point of Beginning. ~~ /Li ,..... ~ (' Iu ~ ~ , I t .O~ " ~ if ..... . ~ ~ ).. ~ ~ ~ "- ~ Of) . ~ ~ " ~ ..... ~ \0 \ ~ ~ 0 0 0 0 0 0 0 0 0 0 II) ~ l\: ~ 0 0 0 ~ 0 0 0 0 0 0 ~ ~ " .,; . 0 0 0 0 0 0 0 0 0 <t ~ ,;0 II) . cot cot . " . " cot .. .. I ~, .... . ~ ~ . __ \3J Io.ii .. I I '" II I ~ I'i ~ ~~. ~ ~ ., ~ ~ " ~ II) l>~ .. I' I' ~ ~ ~ E". ~h&Cobb :z: :z: -. E"_~ .....!>s:.Pco~ ... 5 ... ... ~~ It ca ... ... - - ca = ::J ~ ;,..... ~&' '&" ~"!!~!i: 0 0 z ~ In '-'l .... I"- to- .... I'- .... ~:z; :z; :z; In In :z; J ~ .or ).. ~ c: ~ ~ ~ It ~ ~ ~ I. ~ I/) co t- el ... \I) . ~t :! 0 ... N r> . on It ... % ... ... ... ... ... ... ... ... ... ... .a!i t ~ It) ~ ~ ~ 8 ~ "- ::-- '+J ~ ~ . ~ ,.. ~~. r 10 v) It) / ~ ~~ ~ ....\,. ~~ .99/ ~.. '" ~ l'{~ ~() c~ v. 0 0 to to 0 0 0 c 0 ~ct ~g ~ 0 0 0 ~ ~ 0 ~ t:: ~..: . t- o t- o t- o 0 ... 1/): cot tit .. .... .. ... . cot ~ .. ... ., cot .. ~ ~ ... ..... ~ ~ ~ 0 ~ ~ v '" . ~~ ~ ~ ~ ~ ~ f f ~ 1m: ~ ~g~~kg~;;; ~lri~~ ~/;. ... ca ;.. ) ... ~ ca ... ~~~~ ~I"PI" I" PI" ~ t- t- .. t- ... too too ... t- ..... lQz z z :;; ;; Z z ;; :r; .....,~ l'o4 ,II) i~""."h-- ~I Oil 1.110 ~~ It)~ ..0 Z e ... zo eft · o:c ...1"- -... C t< ~ ~ fj>> -0:: a::S 11:< ~.. O:E CQ . :!:c :10 ~z ~~ OCQ ~o < ... t:)Q ~~ ..J", ,~~ zo <0 A.CI.l :E{f.) 0< o~ Oz <CaJ O:E ...c.: :c{f.) 0< ...CaJ ~o:: :.:0 (/.)&:1.. ~ - ~ i I ~ II I . , ~. == ~, ~ eX' ~ .' f; ~~ ~ m; ~ .' Ii ~ ~ [j ...... \r) ~ p B I' ( Post, _ _ ~ "e~ Schuh & Jernigan, Inc.' CONSULTING ENGINEERS and PLANNERS s J , NORTH KROME AVENUE. HOMESTEAD. FLORIDA ~ . 10512....710 . TlLElllOlUS November 14, 1984 Mr. Danny Kolhage Monroe County Clerk 500 Whitehead Street Key West, Florida 33040 RE: B. of U.s. '1 Pron OIl the llarathon A A ment and Pursuant to P AA S P menta Dear Danny: You will recall that at our meeting in your office on October 23, 1984, you stated that you have been withholding our payment for engineering services in connection with captioned project for the last several months in light of : A. Although FOOT and the County are in agreement with the revised design concept, the County has no assurance in writing from FAA that once PBS&J completes the plans consistent with FOOT's mandated schedule for taking bids on the construction contract, that federal agency will permit the construction to proceed. B. Even though past correspondence and discussions have been held between Messrs. Skelly, Rebull, Stickney, PBS&J staff and FAA staff wherein it was indicated by FAA that they would probably fund this redesign project as part of the airport improvement program upon filing of appropriate FAA preapplications, no such preapplication has in fact been filed. I am respectfully requesting that you reassess your position on this issue as of our last meeting after consideration of the enclosed information, consisting of the following: 1. Copy of letter dated September 9, 1983 from Mr. W. Robert Billingsley of the Federal Aviation Administration to Mr. Skelly stating that FAA has no Objections to the design concept which we now have under final design. We can assure you that his "provisos" concerning impact on the airport master plan, maintenance of minimum airport gradient standards and measures to prevent bird hazards have been more than adequately handled in the final design package and these details have been worked out closely with Mr. Steve Gordon, the FOOT airport engineer in charge as well as through continuing discussions with FAA staff personnel. 2. Copy of letter dated November 9, 1984 from Mr. Ray Klein, FOOT U.s. '1 Highway Design Project Manager, acknowledging receipt from PBS&J of the fifty percent (50%) complete design plans package. Mr. Danny Kolhage Monroe County Clerk November 14, 1984 Page Two Mr. Jimmy Goff, our Director of Airport Services, has been in close communication with FAA on this subject since our meeting on October 23 in your office. In addition, with approval of Mr. Kermit Lewin and Mr. Ed Stickney, we have retained Mr. Earle Giddens, MAl, as a subconsultant to us to prepare a certified MAl appraisal of the forty foot strip of FDOT surplused right-of-way to be conveyed to Monroe County as well as the retention pond areas proposed for each end of the airport. As I previously indicated to you the original plan was that the FDOT appraisers were to perform this work, however, the commitments that they had on the 1-595 project in Broward County have unfortunately prevented the FOOT personnel from doing this work on a timely basis. Since FAA has taken the position that they will not process any grant preapplications until such time as the County and FOOT has submitted the certified appraisal to them, we were in essence forced to proceed on this basis with the outside appraiser. In any event, Mr. Goff has kept Ms. Mary Maher, Regional Airport Administrator for FAA in charge of this project, constantly informed of these developments and has worked out an agreement with her whereby we will be able to bypass the normal preapplication :process and go directly to the final grant application which will save several months of processing time, once we are able to deliver the completed appraisal report to FAA. Mr. Giddens has informed us that he expects to be finished with his report about December 1, 1984. I'm also enclosing a billing summary for this project which shows a total amount due to us of $65,867.62 representing the cumulative total of those funds withheld by your office from our five invoices for the months of May through September of this year. As you know, all of these amounts were previously approved by the Board of County Commissioners pursuant to the provisions of Resolution No. 224-1983. A copy of this Resolution plus a copy of Assistant County Attorney Smallwoocfs legal opinion concerning the Resolution and this project dated August 15, 1984 is also enclosed for your convenience. Please call me if you require additional information on this subject prior to releasing payment for our services. As you can well imagine it is becoming increasingly difficult for PBS&J to continue carrying our payroll and expenses on this project without having been paid now for some six months. I am sure you will agree that it was not the intention of the Board of County Commissioners for this situation to occur ( Mr. Danny Kolhage Monroe County Clerk November 14, 1984 Page Three as it has but I can completely understand and appreciate the position you have expressed concerning assurances from the FAA. We are totally committed to doing everything we can to securing a favorable formal response from the Federal bureaucracy just as soon as possible, in addition to the conceptual approval they have already granted as witnessed by the enclosure. "- By: R ert S. HarrlS Prl eipal Representative RSH/HLS/lvc 401-007.10 Enclosures cc: Art Skelly wlenel. Kermit Lewin w/enel. Ed Stickney w/encl Jimmy Goff w/encl Capt. John Higgins w/enel. J ..; .. ~, ... . ( . . .. . .. t, ': f .. , . . , ~ .:.,. I.' , ( O"I.nt!o Airport. otltrlct Office 4100 stat" .rlOt Orlandn. Flor'''' 32812 ~ pt. ,litter !J. I tit" It'. Arth ur L Skell y Monro~ CoU'\t)' Atrport !ltrl~r.tt'r '.ey West Internattonal Atrlnrl <<By West. Florida 33040 Dear !>r. Skelly: RECEIVED, MOV ~ S84 PIS &; J.m~~t' Your proJl)Slll to construct. \h'ililla'j'.:' retentton fJ)nds on the r:arathon "trlOrt IS dtsCtJSs(:~ tn ~t=- ,^,u~ust 24. 1983. letter has been revte~d. We ~vt: no objections tf) thE: concert of tht s p"oJOs~l p-ovtded the two retenUon IDn"s Cin h& const.ructed wtth no IdY~se tmJlllcts on the AirJl)rt Master Plan. ntnh~u.~ airport 9"'adtent standards Ire .tntatned. Ind ad~quate easurcs arc taten to p-cvent creation of I btrd hazard. S1ncerrly. / . cc: Steve Q)rd~o. f[lOT ,~. Robert ~n1tngs1ey. SUpervisor Pros,-Im Develops:ent Section Ili@mRW~1 SEP It 1983 ~~:1 i;~;;", tiJ~T DOl PUBLIC TftANSPORTA nON \ ( ( . Department of Transportation .. 0IlAHMI eowIIINOIl MUL'" PAJlPM 8a:MYMY Misni Regional smvioe center 401 N.W. 2nd Avenue, kan 590 Miami., Florida 33128 Mr. Lee SWansal, P.E. Post, Buckley, Schuh & Jernigan, Inc. .10 Palm Plaza IbneStead, Florida 33030-6094 RECEIVED NOV 13 1384 PBS . J.I~,'" '.' NaveDber 9, 1984 Dear Mr. Swanson: RE: SR-5(US-1) Maratmn B\Dget Item No: 616762 State Project No: 90040-3518 Federal Aid Project No: BRF-485-1(112) County: ~. 50% Phase - Aviation Blvd. to 107th Street This is to acknowledge receipt this day of the 50% plans package for the above referenced project. This package i.nc1u:led the fo1larling: (1) Plan am Profile (2) Drainage Map am Detail Sheets (3) Roadway Cross-Section (4) Signing arrl Stripping (5) Roadway Lighting This phase sutmi. ttion is in accordance with the program schedule to have plans cx:mp1ete IX> later than March 1, 1985 for a June 1985 letting. Yours truly, ~~~ Project Manager RRK./dlm cc: Stan Cann John Taylor BILLING FOR PROJECT 401-007.10 Month As a Portion of Amount for Total Amount Amount Ending Invoice No. this Project due this Project Paid 04/30/84 402-948 $ 901.49 $ 901. 49 $901.49 05/31/84 402-976 14,295.53 14,295.53 -0- 06/30/84 403-014 16,110.28 30,405.81 -0- 07/31/84 403-064 15,065.99 45,471.80 -0- 08/31/84 403-104 13,720.27 59,192.07 -0- 09/30/84 403-153 6,675.55 65,867.62 -0- 10/31/84 403-188 21,854.26 87,721. 88 -0- 11/30/84 403-249 14,486.90 102,208.78 -0- 12/31/84 00282 12,581.85 114,790.63 -0- 01/31/85 01052 12,317.18 127,107.81 -0- 02/28/85 01758 8,322.21 135,430.02 -0- HLS/RCP/lvc GC # 58 , ,. \ , \" -' ( ,~ '''t,''rv n'(' ..Vi(\F .'.J .' · '-') . . ~ .. .' \ ."",,-- .,,;. v,'. I, \... r L' ,...D^ 330-':>> --' :.;Jt.J .,'4 14u4~ '. " , ( \ ,.' ..... ..., ( :-:i ...... f' tl~1 ~.. ,.. I -~,:- .. .. ,.". . ... ~.. ..~:-. . . .. .': '.-'.~ ., . ~t.~::.'!... Ie. I' 1\. . ." ..' . t. .'"0 .... .' ::;-. ' ",,~,~,:,,!..:....-: ' .J."!::j':~~' ,-:f'~;."", :;:-\ ~."'.-;' ,....... ~-,.... .'I':ftI'..:::.' ..,.....-_.... :'~\r. ,~~p.;;\, · ~.'; ~.( t';;: ~;,- J..j't' ~/,~/: ~;;;. ,:,.~,,/ .f'.............." !:!i::"'l.PUP.I.;. ,ti~~~ \t, ". 'I:_'.no HAr".:y, D..trtCl ~ Dt:.\:kl ~ J. ii, ... . ,"-...dOl. :- ':.IUl.:t :; :':........,. I.,.,C, "'.r. ~'.'.on F=nr'.:. D.~:rct. ~,~"\'(,.' .:"'l ~,. !"'.' <;:.. Ci;1. 01>. ~ . - " .. t,.. ,.tI !{El';ORAN;)UN 'JATE~ August 15, 1984 TO: Dar:nv L. Kolhage Clerk of the Ci~cu~t Court ::'~~or.j : Sh{?ri Sr.;a1iwood Assist~nt County A~torney RE: Resolution No. 224-1983 use of second gas tax By memorandum datec Aug~st 10, 1984, you have requestad a :egal opinion as to Section ~ of Re~olution No. 224-1983) whic~ sec~io~ directs you to advance engineering c~sts r~quir~~:to c.ccc::',!lish redesign of U.S. l/S.R. 5 adjacer..t to t.-...; !-fa~athor.:. ~i=pc=t from the Constitutional Gas Tax an~/c= the Loca: Cptie~ ens ~ax subject to reimbursement from anticipated grant icr.ds :: Jc r~ceived f=om the Feder~l Aviation Administratio~. It aFpc~~$ iron \:.he mate~iFls \'Jhich yeu have provided to rr.e t~at t:~c c~2:c:r.~ies involved conteruplate ~ number of ir.~Droven:cnts ,tv, c.'C ~ .' ~r..d erounci tile E~rathon Airport. HO\vever, i::: j.s my reG.~:.!:g c:= .....0:."., t;on ~\'o ?24-l9{'';l ~nd 7"':'\7 uT'\de-l'"tand:n"" froIT. "alk-::1- TY'''''"- __I;-JC~U ~ .... _ U.J 0.. ..... .. _.> 1.L. c.; "... _.~:, ...~\.._. :ou that Section 4 of said Resolutio~ and the ~enie$ wh~ch you are ~hereby oirEcte{ to adv~n~e relate exclusively to th~ 4-1~.:- i~g 0= U.S. :/S.R. 5 adjacent to the airpo~~. Fc= pU=?0SeS 0: t:1is response I affirmatively ass~~e subject to YOvY pre-auci~ vcri::icatior: tl:<lt ~lOn~ cf tIlE moni(;s with \'Jhic~ \07(;: ~=e r.E:=e conce~ncc c;::: to bE- e;':p~nced fer il!:prove~el~i:S to the airFo=: itsc:~ or to airport f~ci:ities. 'r)_,)'Tl.;::_eC.' ;".: "''lG~";) +0- t',,~ "-.O-C'l"~ ~G~ cnr-o.'.' C.T.~,'" t~,.. ..; 1 ~_.'"_"'_ ., _... .1.";'; e _ J. '"_ oJ ~.L._l.: _\:"- ..l. c....> ~......r ~rt~212 XII, S2cti~i~ 9(c), of the Florida C~~8tit~tion '~SS8) v!'\icll sectio:-: cor.tinued th2 secono g:lS ta:.;: l(;viu: by A=ticlE: : , Sect~~n 16 ~f tte C0~s~it~=~on cf 1885. Undc~ the cons:ituti:~~~ ....-.O..-:<::l.C.., t'hp D"-n~?c.G1C' 0'" ~he c!:oconr1 g~s t"v ""....." :"C"" P"'-.' ~,~-~,-'.- !.IJ. \__ .., .._ ....v'-"-'-,... _.... ..,..... .u .... ,,-f. ,,_....., -.. u...L., .- - =atcd a~ong ~nd Y2ffiitted to the several count~es of t~e ~tate i~ ilCCo::c.:~r.c2 .,):.:h ce~:::c::l for:ullClc. Article XJ:'l, Sectior.. S(C) :;) dire~tE th0 2o~r.ties LO uti1iz~ tr.~ proceecs c~ ~~e se=c~d g~~ t: 2 :.: =. s .::, 1. : ~,,'7 S : , :"~ ~ ,. " : 1 , : " J . . . . , i ~ ! ;, :, '~ :1 '1 )j ,! "I .J ...'0"-';:' ", _#'('_'''>';'':-'':'~'. (' Memo ~o t ~. Ko1hage }.ugust 15>> 1984 Pase 2 ". . . firs.t, for the payment of obligations pledging revenues allocated pursuant to Article 9>> Section 16, of the Constitu~ion of 1885>> as amended, end any refundings thereof: second, for the payment of debt service on bonds issued as provided by this para- graph (5) to finance the acquisition and construction of roads as defined by le:t07: and third, for the acquisi- tion and co~struction of roads and for road maintenance as authorized by law.1I Turning to the Florida Statutes>> we see that the constitu- ~ion~l gas tax is imposed by Section 206.41>> Florida Statutes. Section 206.47(7), Florida Statutes, makes provision' for the distribution of the constitutional gas tax to the respective boards of county cotn!r.issioners of the counties "for the acquisi- tion and construction of roads". The lav:' provides that upon distribution of the secondary or constitutional gas tax monies, such funds are to be deposited into the county transportation trust fund. Section 339.083(1), Florida Statutes. No expenditures other than transportation exper.ditures authorized by law may be made from this fund. ide Section 339.09(1), Florida Statutes, prohibit~ the use of any fends available to any county from any gas tax revenues for a~y non-transportation purposes. See also Section 339.089 as to the use by counties of the surplus from the constitutional gas tax. Based u?on all of the above and foregoing, it is my legal opinion that you'.do have legel authority to disburse funds frc~ t~e co~stitutional gas tax in payment or expenditures arising from ::he acquis'ition, construction and maintenance of roads. Accord~nbly, it is my view that.Section 4 of Resolution 224-1983 is appropriate insofar as it authorizes you to advance engineering costs for the 4-l~riing of U.S. l/S.R. 5 adjacent to the M~rathon Airport. .. Eaving thus reviewed the law and reached a conclusion as to the secondary gas tax portion of your inquiry, I now direct my atten~ion to the propriety of the use of monies derived fro~ the local option.gas tax for the purpose of 4-laning u.S. l/S.R. 5 adjace~t to the Marathon Airport. I~ 1983, the F:orida Leg1s1atu~2 enac~ed Section 336.025, Florida Statutes, a~thorizing counties to impose so-called local option gas tax. The legislature p~ov~ted, in Section 335.C25(1)(c), Florid2 Statues, that ccunties could only utilize the ~o~ies receivec and collected f~c:~ the local option ges tax for trc.nsport2tion expenditures. Tl-.c ::err.1 "transportation expenc~tu~es'l is defined for purposes of Section 336.025, abovE:, in Sec~ion 336.025(7), Florida Statu:0s, as meaning expenditures by a local governrr:ent for the followi~g-programs: . .. - -,'~t. '.. 1";.;: l..... ::. ':.-....:t~ ;--/:'~. :,;...~ _~ _ ~ ...~: t, ' ,; , f M~rno to DQuuy L. Kolhnge AUS\1st 15, 1984 !~a&e 3 "Ca) Public Transportation operations and maintenance. {b) Road~ey and r~ght-of-way maintenance and equipment. Cc) RoaGway and right-of-wey drainage. (d) Street Lighting. 1 I t i .I Ce) Traffic signs, traffic engineering, signalization, and pavement markings. Cf) Bridge maintenance and operation. (g) Debt service and current expenditures for transporta- tion capital projects in the foregoing program areas, including construction or reconstruction of roads" .. . 1 Monies derived from the local option gas tax are statutorily required to be placed in the county transportation trust fund pursuant to Section 339.08~(1), above, and the limitations on the' uses of such funds imposed by Sections 339.083(1) and 339.09(1), above, would pertain. Based upon ell of the above-and foregoing, I am of the opinion that it is legally proper for you to advance the angineering costs connected with the 4-laning of u.s. l/S.R. 5 ~s provided in Section 4 of Resolution No. 2-1983, from the local optio~ gas t~x elemeJt of the Monroe County Transportation Trus: Fund. I , ! J I~ offering these views for your consideration, I have no~ overlooked 2nd I am not unmindful of the fact that it is provi~ed in Section 4 of Resolution No.' 224-1983 that payment by you p~rsuant thereto is made subject to reimbursement from antici- p2tecl grant funds to be received from the Federal Aviation Acimin~stretion. Because of ~he limited resources availab:e in this office) I am unable to rese~rch and CO~T.ent upon the pote~tial evailability of monies from the Federal Aviatio~ Acministration. However, I hnvc no reason to believe that you'. authority in this regard would be circumscribed by the recei.pt 0: gra~t funes from the Federal Aviation Administration, the distri~ution thereof being governed by other and different la0. 1 1 -, ., ~ ~ i ] ~ j ~RQA; ~fr\cQ()'..A~~~ SB~~I SMP~LWOOD ~ Assistant County Attorney SS/br? aaoLunoN ,"'AF',IRalINO YHI .ROYISIOh. 0' aUOLUnON 1111- ...1 .E~&'" ,.ft) ACQUWnON 0' A t... ( liP 0' EXIS11NO 1.8.1 a/w ADJ__. IT TO THE MARATHON AIRPOR1'; DIRlt :I IIONROE , 'COUNTY'S CONSULnNG ENGINEERS TO UNDERTAKE REDESIGN 0' AFfECTED AREA OF U.s.llS.R.1 AND 'ILl GRANT APPLICAnONS WITH STATE AND FEDERAL AGENCIES; PROSCRIBING PROCEDURES 'OR SAME; PROYIDING 'OR INTERIM AND PERMANENT IUNDING . 'OR ENGINEERING SERVICES AND CERTAIN AIRPORT-RELATED IMPROVEMENTS; REQUESTING THE 'LORIDA 'DEPARTMENT Of TRANSPORTATION TO CONSIDER ACCELERATING ACTUAL SCHEDULED CONSTRUcnON OF THE MARATHON AIRPORT AREA U.5.l/S.R.S FOUR LANING PROJECT. . . WHEREAS, pw"suant to Resolution' 266-1982, passed and adopted on the lath ~. , L Day of Octt>ber, A.D. 1182, by the Board of County Commissioners of Monroe Cqunt, Florida, ~ Florida Department of Transportation has indicated its intent to quit- claim, in favor of Monroe Count" Florida, a 40 foot strip of FDOT'right-of-way for .State proJrct No. 900eO-1508, WPI '6116605, four-laning of U~.1!SJt.5 adjaeent to the Marathon Airport, and WHEREAS, as a condition precedent to the conveyance of such right-of-wa, strip to Monr~ Count" the Florida Department of Transportation has requested that -, - . . Monroe County assume responsibility for payment of neeessary eniineering costs that , . will be requil:ed to accomplish a complete redesign or the 1978 existing design configuration ~f said segment of U.8.1/S.R.5 and, WHEREAS, the Federal Aviation Administration, in consideration of benefits . . accruing to. U\a~ agency by virtue of the additional facilities to ser-ve the Marathon Airport that will be created on the newly expanded Marathon Airport property arter the conveyance of such CO-foot strip, has indieated its willingness to consider, upon the filing of a proPer erant application with the FAA, to reimburse M.onroe County for such engineering costs, and, l\'HEREAS, the revised design concept of the 4-laning project fronting along the Marathon Airport, including the facilities to be constructed within the 40-foot strip, the cost of which will also be the subject of 8 grant applica lion to the Federal Aviation Administration as these facilities will serve the Marathon Airport, have been conceptually presented to the Mara thon Chamber of Commerce and the Marathon Organization to Revitalize the Environment and sueh coneepts ~8ve been favorably received by ~ose organizations, thus representing a general consensus or the community, now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT; , 1. The pro\'isions of Resol,/ion , 266-1982 are hereby reaffirmed and readopted by the Mroresaid Board ~f '=ounty Commissioners of Monroe C'ounly, F)Orid~. projeel, the 8oard.r eoun" COmmlsslon.....r IIcwoe Count" Florida"', direell ( Its ,enera1 eons _nrineerlnc 'ir., Post, 8uekle" Sehuh Ir .J an, Ine., which aaid firm was dul11e1eeted pursuant to provisions or 1287 .D55,' .s., under the terms 0' the exlstine oontinulnc eontract entered Into b,and between the 80ard 01 Count)' Commissioners of Monroe Count" Florida and said firm dated AprU 11, 1'81, tq develop the finallCope of services for sueh redesien projeet with the Florida Department ,-of 'l'ransportation starlin coordination with the olfices 01 the Monroe Count, Admipistrator and the Director of Public Works. I. It Is expressly aeknowl,dged and directed by the Board 01 Count, Commissioners of Monroe County, Florida, that the design work to be aecomplished by . its ceneral ~onsuJtant, PBS&J, Inc., for the aforementioned project shaD be under the direction of the Florida Department of Transportation in coordination with the Federal Aviation Administration and the Monroe County Directors of Public Works and Airports and, further, that such desicn work shaD be in accordance with appropriate FDOT, Monroe County and FAA standards ~~~ procedures. 4. The office of the Clerk to the Board of County Commissioners of Monroe County, Florida is hereby directed to advance the engineering costs, when appropriate, for the aforementioned project from the Constitutional Gas Tax and/or the Loeal Option Gas Tax elements of the Monroe County Transportation Trust Fund, SUbJeet, however, to reimbursement thereof from anticipated grant funas to ~ received from the Federal Aviation Administration. s. The dulS selected Monroe County Airports consulting engineer~ firm, BR&R Associates, Inc., in coordination with the Monroe County staff and PBS&J, Inc., is hereby authoriz.ed and directed to complete and file, on behalf of the Board of County Commissioners of Monroe County, Florida, grant applications with the Federal Aviation Administr6tion and the Florids Department of Transportation, as appropriate, lor reimbursement to Monroe Count,)' of tht' engineeriflE costs associeled with the aforementioned project and for Federal/StElle pf1!'ticipBtor,)' funding of the construction costs for proposed improvements to be instEJJt'd "dthin the proposed 40' wide conveyance area adjacent to the Marathon Airport. , 6. ' The Board of ,Count)' Commissioners of Monroe County, FJorid6 here~' requests that the Floridfl Department of Transportation consider, in order to beautif,)' the V.S.l/S.R.S highwa,)' and its frontage area adjacent to the Marathon Airport al the earliest possible time as;8 demol)Slration project, moving Ihis project up in terms of it.s projected construction contract letting dete on thr TDOT approved ~ year wor~ " l ' t".... .... -... .... ........., -..... ....- -.- - -- - , the ...xt OM to t-^""{ tOt immediatel, .rter the ache(r ld FYIS-I. VacI Cut Bridee . I to Cocoplum Drive lour-Ianine project. Passed and adopted by the Board 01 County Commissioners 01 Monroe Count" Florida, at a recular meetine 01 ..id Board held on the 22th day 01 .July, A.D. 1..3. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA J ~ ,} By . ..--- Mayor/Chairman (SEAL) Attest . RAlPH Yl. V;\UlE, CLERK '- \{'~.~ (\'\. p~ 0.( cIa () · . APPROVED AS TO FORM AND By f .~ , . J