Resolution 343-1985
State of Florida
Department of Transportation
RESOLUTION NO. 343 -1985
A RESOLUTION OF MONROE COUNTY, FLORIDA,
GRANTING AN EASEMENT TO THE FLORIDA STATE
DEPARTMENT OF TRANSPORTATION TO THOSE CERTAIN
LANDS, THE DESCRIPTION OF WHICH IS ATTACHED
HERETO AND RESCINDING RESOLUTION NO. 241-1985
SO AS TO CORRECT AN IMPROPER DESCRIPTION.
WHEREAS, the Board of County Commissioners of Monroe County,
Florida, previously adopted Resolution No. 241-1985 on August 16,
1985, which said Board now desires to rescind, and
WHEREAS, the State of Florida Department of Transportation
proposes to construct and improve State Road 5 (U.S. 1),
Section 90040-2509, Parcel No. 800.1R, in Monroe County, Florida,
and
WHEREAS, it is necessary that certain lands now owned by
Monroe County be acquired by the State of Florida for the use and
benefit of the State of Florida Department of Transportation, and
WHEREAS, said property is not needed for County purposes,
and
WHEREAS, the State of Florida Department of Transportation
has made application to said County to execute and deliver to the
State of Florida Department of Transportation a deed or easement
in favor of the State of Florida, conveying all rights, title and
interest that said County has in and to said lands, required for
right-of-way for said State Road, and said request having been
duly considered by the Monroe County Commission, it is therefore,
RESOLVED BY THE MAYOR AND COUNTY COMMISSION OF MONROE
COUNTY, FLORIDA, that
1. Resolution No. 241-1985 is hereby rescinded.
2. The application of the State of Florida Department of
Transportation for a deed or easement is proper in that it is for
a right-of-way purpose that is in the public interest and will
inure to the public welfare. Further that the land needed for
the right-of-way and other road purposes is not needed for County
purposes at this time and that a deed or easement in favor of the
State of Florida conveying all rights, title and interest of said
County in and to said land required for said right-of-way and
other road purposes should be executed by the Board of County
Commissioners and conveyed to the State of Florida Department of
Transportation for the consideration of $ 10.00 .
3. The Clerk of said Board is hereby directed to forward a
certified copy of this resolution to the State of Florida Depart-
ment of Transportation in Tallahassee, Florida.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 6th day of December,A.D. 1985.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
~~
a or al.rman
(Seal)
Attest : DANNY L. KOLHAGE, Clerk
--h2L ~i~~ ;IlL
APPROVED AS TO FORM
By~r::::~
I Attorney's Office
2
--
This
Date:
City
STATE
instrument prepared and
September 18, 1985
Miami,
OF FLORIDA DEPARTMENT
legal description approved
By: Antonio Garcia
Florida
TRAN~PORTATION
OF
PARCEL NO.:
SECTION NO.:
STATE ROAD NO.:
COUNTY:
FAP NO.:
800.1R
90040-2509
5 (U.S.-I)
Monroe
N/A
(COUNTY)
DRAINAGE EASEMENT
..
THIS EASEMENT, made this day of
between COUNTY, Florida, as the first
FLORIDA, for the use and benefit of the STATE
TRANSPORTATION, as party of the second part.
WITNESSETH: That the first party, in consideration of the sum of One Dollar and
other valuable considerations paid, the receipt of which is hereby acknowledged, has
hereby grants, unto the second party; its successors and assigns, a perpetual
easement and right of way for the purpose of clearing, excavating, constructing and
. maintaining outfall and drainage ditches and drains in, upon and through the
fo 11 owi ng descri bed 1 and -i n Monroe County, Flori da, to wi t:
, A.D. 19 ,
party, and the STATE OF
OF FLORIDA DEPARTMENT OF
PARCEL 800
SECTION 90040-2509
A parcel of land being portions of the Marathon Airport property in Key Vaca, Monroe
County, Florida, acquired from the State of Florida, State Road Department by
Quitclaim Deed, as recorded in Official Records Book 144, Pages 590 and 591 of the
Public Records of Monroe County, Florida, lying in Section 1, Township 66 South,
Range 32 East, and in Section 6, Township 66 South, Range 33 East, Vaca Key, Monroe
County, Florida, and being more particularly described as follows:
Commence at the southwest corner of said Section 1;'thence North 00031143" West for a
distance of 125.28 feet along the westerly line of said Section 1 to a point of
intersection with the northerly right of way line of State Road 5 (S.R 4-AjU.S. -1);-
thence North 67019'47" East for a distance of 394.52 feet along said northerly right
of way line to the southeast corner of that certain parcel of land leased to Disabled
American Veterans, Inc. by Monroe County Resolution Number 219-1979; said corner
being the POINT OF BEGINNING of the hereinafter described parcel; thence continue
North 67019'47" East for a distance of 1052.48 feet along said northerly right of way
line; thence North 22040'13" West for a distance of 318.70 feet; thence South
58047'56" West for a distance of 920.91 feet; thence North 56030'04" West for a
distance of 425.94 feet to a point on the easterly right of way line of Aviation
Boulevard; thence South 00031143" East for a distance of 24.13 feet along the
easterly right of way line of Aviation Boulevard; thence South 56030104" East for a
distance of 402.99 feet; thence South 58047'56" West for a distance of 50.72 feet to
the point of intersection with the northerly extension of the easterly line of said
parcel leased to the Disabled American Veterans, Inc.; thence South 00031'14" East
for a distance of 184.94 feet along the easterly line and its northerly extension of
said parcel leased to Disabled American Veterans, Inc. to the POINT OF BEGINNING,
less that certain parcel of land approximately 60' x 80' containing 0.11 acres, more
or less, being used as a wayside park, 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 5.744 acres; more or
less;
AND
Commence at the sQuthwest corner of the aforementioned Section 1; thence North
00031143" West for a distance of 125.28 feet along the westerly line of said Section
1 to a point of intersection with the northerly right of way line of State Road 5
(S.R 4-A/U.S. -1); thence North 67019147" East for a distance of 7112.60 along said
northerly right of way line to a point of curvature of a circular curve concave to
the southeast; thence continue northeasterly along said northerly right of way line
and along said c~rcular curve having a radius of 2980.93 feet and a central angle of
10000'00" for a.n arc. distance of 520.27 feet to a point of tangency; thence North
77019'57"East for a distance of 247.00 feet along said northerly right of way line to
the POINT OF BEGINNING of the parcel hereinafter described; thence continue North
77019157" East for a distance of 327.00 feet along said northerly right of way line;
thence North 12040'03" West fora distance of 250.00 feet; thence South 77019'57"
West for a distance of 327.00 feet; thence South 12040'03" East for a distance of
250.00 feet to the POINT OF BEGINNING. Containing 1.877 acres, more less.
Said Parcel 800 contains an area in the aggregate amount of 7.621 acres, more or
less.
"
TO HAVE AND TO HOLD the same unto the second party, its successors and assigns,
together with immunity unto the second party, its successors or assigns from all
claims for damage, if any, arising from or growing out of such construction and/or
maintenance to the lands, if any, owned' by the first party, lying adjacent or.
contiguous to the lands hereinabove described and the party of the first part will
defend the title to said lands against al~ persons claiming by, through or under the
said party of the first part.
IN WITNESS WHEREOF, the first party has caused these presents to be duly executed
in its name by its Board of Commissioners, and its seal to be hereunto affixed,
attended by its Clerk, on the date first above written.
Signed, sealed and delivered
, in the presence of:
Dated this
of
19
day
BY
~~~
Its Chalrman Of The Board Of
Commissioners
ATTEST ~s~,t='~
(COUNTY SEAL)
STATE OF
COUNTY OF
Before me, the undersigned authority, this day personally appeared
and
to me well known and known to me to be the individuals described in and who executed
the foregoing instrument as Chairman and
Clerk respectively, of the County named in the foregoing instrument, and they
severally acknowledged to and before me that they executed said instrument on behalf
of and in the name of said County as such officers; that the seal affixed to said
instrument is the seal of said County and that it was affixed thereto by due and
regular County authority; that they are duly authorized by said County to execute
said instrument and that said instrument is the fl"ee act of said County.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this
day of , A.D. 19
My Commission Expires
Notary Public in and for the County
and State aforesaid
(NOTARIAL SEAL)
APPROVED AS TO FORM
ANDfEGALSUFRC~N~Y.
/)'V~
BY