Resolution 127-1984
I
)
Art Skelly
Director of Airports
RESOLUTION NO. 127-1984
RESOLUTION AUTHORIZING THE CHAIRMAN OF THE
BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, TO EXECUTE AN AGREEMENT BY
AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA AND THE STATE OF
FLORIDA DEPARTMENT OF TRANSPORTATION
(F.D.O.T.) AND THE FEDERAL AVIATION
ADMINISTRATION (F.A.A.) FOR THE FOUR-LANING
OF U.S. l/S.R. 5, ADJACENT TO THE MARATHON
AIRPORT.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
That the Mayor and Chairman of the Board of County
Commissioners of Monroe County, Florida, is hereby authorized to
execute an Agreement by and between the Board of County
Commissioners of Monroe County, Florida, and the Florida
Department of Transportation (F.D.O.T.) and the Federal Aviation
Administration (F.A.A.) for the four-1aning of U.S. l/S.R. 5,
adjacent to the Marathon Airport, a copy of same being attached
hereto.
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 April, A.D. 1984.
BOARD OF rOUNTY COMMISSIONERS
OF ~ONRgE COUNTY, ~RIDA
XV v
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By _ ,,______ ,. r"--/ -y,--~
Chairman
(Seal)
Attest:
DANNY L. KOLHA?f' Clerk
~~M\~,OC
Clerk
BY
APPROVED AS TO FORM
A ,,!~~AL SUFFICIENCY...J
/ \ ? ' .J.--rl
Anorney's Office r---
AGREEMENT
4. ~ /1 A j' f)
THIS AGREEMENT is executed this /0 "'-day of ~
1984, by and between Monroe County, State of Florida, (hereinafter MONROE
COUNTY), and the State of F19rida Department of Transportation (hereinafter
~-
F.D.O.T.), and the Federal Aviation Administration, (hereinafter F.A.A.).
RECITALS:
WHEREAS, the Monroe County Commiss ion 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. l/S.R. 5, adjacent to the Marathon Airport, and
WHEREAS, 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-
1508, WPI No. 6116605, to the Four-Laning Program, and
WHEREAS, MONROE COUNTY is willing to establish in favor of
F.D.O.T. drainage catchment areas/retention ponds at either end of the
Airport property to receive runoff from the reconstructed and Four-Laned
U.S. l/S. R. 5 including ingress-egress and maintenance easements thereto
and therearound from the U.S. l/S. R. 5 right-of-way, and
WHEREAS, the F.A.A. has indicated that it would consider, upon
the filing of a proper grant application with the F.A.A., to reimburse
MONROE COUNTY for the engineering costs in the redesign of the project
area in view of benefits accruing to the Airport property by virtue of its
expansion, 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
1 . TRANSFER OF RIGHT-OF-WAY
The F .D.O.T. shall transj;er 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 m1nus, acres) in
conjunction with State ProjecL No. 90040-1508, WPI No. 6116605. 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 l:Q! 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 Resolut ion No. 224-1983 and acknowledge that proper
authorization has already been granted fo~ 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
.Q[ THE PARCEL REFERRJID 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 a'nd 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.
2
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.
COUNTY in the redesign process.
and F.A.A. hereby agree to use reasonable diligence in assisting MONROE
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. Th~ 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. RKIMBURSKKKNT
In consideration of the significant benefits accruing to the
Marathon Airport under this Agreement, the F.A~. hereby agrees to process
a properly filed grant application for the reimbursement to MONROE COUNTY
for the costs of the revised design concept construction plans and contract
documents for the Four-Laning Project. MONROE COUNTY shall direct its
consulting engineers to complete and file, on behalf of the Board of County
Commissioners of Monroe County, Florida, grant applications with the F~~.
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.
Executed the date and year first above written.
OF
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'FLORIDA DEPARTMENT OF TRANSPORTATION
BY:
Witness
Witness
FEDERAL AVIATION ADMINISTRATION
BY:
Witness
Witness
4
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LE(;AL I>ESCHIl'TJON
(Northerly40~601CetofSJ{. 4-A)
A parcel of land in Section 1, Townsllip 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 of the Public Records of Monroe County, Florida. Said parcel contains 7.70
acres more or less. Said parcel subject the following easements:
1. A 20 foot wide ingress and egress easement for maintenance purposes,
lying in said Government Lot 2, being more particularly qescribed as
follows:
Commence at the SW corner of Section I, 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 N67051'OO"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
N77~1100"E for 190.00 feet to the Point of Beginning of the hereinafter
described easement; thence continue N77051'OO"E along said northerly
right-of-way line for 20.00 feet, thence S12009'00"E for 40.00 feet; thence
S77051'00"W for 20.00 feet; thence N 12009'OO"W for 40.00 feet to the
Point of Beginning.
2. A 20 foot wide ingress and egress easement for maintenance purposes,
lying in said S 1/2 of the SW 1/4 of said Section 1, being more particularly
described as follows:
Commence at the S\V corner of said Section 1; 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 Sta te Road 4-A (U.S. Highway No.1);
thence N67051'OO"E along said northerly right-of-way line for 669.00 feet
to the Point. of Beginning of the hereinafter described easement; thence
continue N67051'OO"E along said northerly right-of-way line for 20.00 feet;
thence S22009'OO"E for 40.00 feet; thence S67051'OO"W for 20.00 feet;
thence N22CU9'00"W for 40.00 feet to the Point of Beginning.
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LEGAL DESCHlPTION
(WEST POND IN MARATHON AIRPORT)
A parcel of land being a portion of S 1/2 of the S\-\' 1/4 of Scetion 1, Township 66
South, Range 32 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 reeorded 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; ttlence 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 N670S1'00"E along said northerly right-
of-way line for 469.00 feet to the Point of Beginning of the hereinafter described
parcel; thence continue N67.oS1'OO"E along said northerly right-of-way line for 978.00
feet; thence N22~9'00"W for 318.70 feet; thence S59019'09"W for 988.94 feet; thence
S22009'OO"E for 172.00 feet to the Point of Beginning. Said parcel contains 5.51 acres,
more or less.
AND together with the following descri/;>ed easements:
1. A 20 foot wide ingress and egress easement for maintenance purposes,
lying in said S 1/2 of the S\\' 1/4 of said Section I, being more particularly
described as follows:
Commence at the S\,. 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 N670S1'OO"E along said northerly right-of-way line for 669.00 feet
to the Point of Beginning of the hereinafter described easement; thence
continue N67051'OO"E along said northerly right-of-way line for 20.00. feet;
thence S22009'OO"E for 40,00 feet; thence S67051'OO"\'I for 20.00 feet;
thence N22009"00"\" for 40.00 feet to the Point of Beginning.
2. A 20 foot wide easement for construction and maintenance of a storm
wa ter overflow pipe line, lying in said S L/2 of the Sh' 1/4 of said Section
1, being more particularly described as follows:
Com mence a t the 5 h 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 Sta te Road 4-A <V.S. Highway NO.1);
thence N67051'OO"E along said northerly right-of-way line for 469.00 feet;
thence N22009'OO"\-\" for 172.00 feet; thence N59019'09"E for 55.00 feet to
the Point of Beginrdng of the hereinafter described easement; thence
N 12040'51 "\\" crossing the westerly clear zone of Mars thon Airport and the
50.00 feet right-of-way of Aviation Boulev&rd for 8i9.72 feet to an
intersection with the northerly right-of-way line of said Aviation
Boulevard; thence 1\ 67051 'OO"E along said northerly right-of-way line for
20.28 feet; thenCE 512040'51"E for 876.56 feet; then~e S59019'09"W for
21.03 feet to the Point of Beginning,
WHO/ AJE/lvc
401-007.20
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LE(;^ L I lEse IUJ'TION
(EAST poRuTN-I\1ARA1;--HoN AIHP(
A parcel of land being a portion of Government Lot 2 of Section 6, Township 66 South,
HHnge 33 East, VacA hey, 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:
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 Sta te Hoad 4-A (U.S.' Highway No.1); thence
N67051'00"E along said northerly right-of-way line for 7112.60 feet to the point of
curvature of a circulnr 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 N77051'00"E for 100.00 feet to
the Point of Beginning of the hereinafter described parcel; thence continue
N77051'oO"E along said northerly right-of-way line for 413.00 feet; thence N12009'OOW
for 270,00 feet; thence SnoSl'OO"W for 413.00 feet; thence S12009'00"E for 270.00 feet
to the Point of Beginning. Said purcel contains 2.56 acres, more or less.
AND together with following described easements:
1. A 20 foot wide ingress and egress easement for maintenance purposes,
lying in said Government Lot 2, being more particularly described 85
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 Sta te Road 4-A
(U.S. Highway No.1); thence N67051'00"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 10<]0'00" for 520.27 feet to the point
of tangency; thence continue along said northerly right-of-way line
N770S1100"E for 190.00 feet to the Point of Beginning of the hereinafter
described easement; thence continue N77051'OO"E along said northerly
right-of-way line for 20.00 feet, thence S12009'00"E for 40.00 feet; thence
S770S1'00"W for 20.00 feet; thence NI2009'00"W for 40.00 feet to the
Point of Beginning.
2. 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 Monore County, Florida; in Government Lot
2, Section 6, Township 66 South, Runge 33 East, Key Vaca, Monroe
County, Florida, being more particularly described as follows:
Begin at the Southeust corner of said Lot 14; thence northerly along the
westerly right-of-way line of Buttonwood Road (100th Street), according
the Sbid 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
intersection 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.
WHO/ AJE/lvc
401-007.20
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