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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 Resolution No. 241-1985 is hereby rescinded. 2.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