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Resolution 019-1961f ;k� RESOLUTION NO. 19-1961 RESOLUTION APPROVING AND RATIFYING PROPOSED REVISION OF BOUNDARY LINE. BETWEEN DADE AND MONROE COUNTIES IN THE SEGMENT THEREOF BETWEEN MUD POINT AND A POINT ON THE WEST LINE OP THE RIGHT -OF- WAY OF U. S. HIGHWAY # 1 AT THE POINT OF INTERSECTION WITH THE MAIN- LAND IN ACCORDANCE WITH MAP AND LEGAL DESCRIPTION PREPARED BY M. B. -GARRIS, CIVIL AND CONSULTING ENGINEER, AND. REQUESTING MONROE AND DADE, COUNTY LEGISLATIVE DELEGATIONS TO .AMEND SECTION 7. 13, FLORIDA STATUTES OF 1959 IN ACCORDANCE THEREWITH. WHEREAS, the boundaries between Monroe County and Dade County of the State of Florida are. defined by Sections 7. 44 and 7. 13 of the Florida Statutes of 1959; .and WHEREAS, Section. 7.44, Florida Statutes of 1959 provides - It Monroe County. So much of the State of Florida as is situated south of the county of Collier and west or south, of the county of Dade, constitutes the county of Monroe. " and WHEREAS, Section.7. 13 provides: " Dade County. The boundary lines of Dade county are as follows: Beginning at the southwest corner of township fifty-one south, range thirty-five east; thence east following the south. line of township fifty-one south, across ranges thirty-five, thirty-six, thirty-seven, thirty-eight, thirty- nine and forty east, to the southwest corner of township fifty-one south, range forty-one east; thence north on.the range line dividing ranges forty and forty-one east to the northwest corner of section thirty-one, township fifty-one south, range forty-one east; thence east on the north boundary of said section, thirty-one and other sections to the waters of the Atlantic Ocean; thence easterly to the eastern boundary of the State .of Florida; thence. southward along the coast, including the waters of the Atlantic Ocean and the gulf stream within- the jurisdiction. of the State of Florida, to a point on the reefs of Florida immediately opposite the mouth. of Broad creek ,(a stream separating Cayo Lago and Old Rhodes Key); thence in a direct line through the middle of said stream to Mud Point; thence along the mainland to the range line between. ranges thirty- four and thirty-five east, thencedue north on said range line to place of beginning. " ; and WHEREAS, because of the uncertainty that has arisen from time to time. in efforts- to determine. where the actual boundary between said counties exists in the segment of said description contained in. Chapter 7. 13 between. Mud Point and a point on the west line of the right-of-way of U.S. Highway #1 ,(which said right-of-way line is also the eastern boundary of Everglades National bark) at a point of intersection with the mainland (which is also a present statutory -boundary between Dade and Monroe Counties) because. of shifting from time to time of the main high water line ,(which is the boundary of the mainland) various legal problems have arisen with reference to properties along the boundary line, some of which problems have resulted in litigation such as Case No. 9754-M-Civil in the United States District Court of the 'Southern District of Florida, Miami Division, styled John_S. Lewis and Elizabeth..Lewis, his wife, plaintiffs-, vs. Dade County and Monroe County, defendants; and WHEREAS, it has been. determined that a more definite boundary line between the aforesaid points be. established by a permanent metes and bounds description; and WHEREAS, Dade County employed M; B. Garris., Civil and Consulting Engineer of Miami, Florida, to draw .a proposed revised boundary between the aforesaid points-, which said boundary so drawn and proposed by said M; B. G.arris is shown and delineated on a map entitled, ".Proposed Revised Boundary Line Between Dade and Monroe Counties running from U.S. Highway #1 to- a Point on the Existing_ Boundary Line Near Mud Point", a copy of which map is attached to- this Resolution, and said M. B. Garris hasalso prepared a legal metes and bounds description describing the line so shown on said map, a copy of which legal description is also attached to this Resolution; and WHEREAS, the Board of County Commissioners of Monroe County, desire to approve the said proposed revised boundary between the aforesaid points as shown -on said map and as described in said legal description, and further desire torecommend to the legislative delegations of Monroe and Dade Counties that Section 7. 44 of the Florida Statutes of 1959 be amended in accordance with the said boundary line between the said two points as shown -2- on said map of M. B, Garris and in accordance with the said legal description so prepared by M. B, Garris, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1.. That the boundary line. between Dade and Monroe Counties in the segment thereof between Mud Point and a point on the west line of the right-of-way of U. S. Highway #1 at the point of inters-ection with the mainland should be revised inaccordance with the proposed revised boundary line between the said points in. accordance_ with the map of M. B. Garris, -Civil and Consulting. Engineer, and in accordance withlegal descrip- tion .of the boundary so shownon said map, which legal description was prepared by said M. B. . Garris, and that Section 7. 13 of the Florida Statutes - of 1959 should be amended in accordance with said map and legal description, and the said map and legal description are hereby approved. Section. Z. That the legislativedelegations of Monroe and Dade Countiesbe, and they are hereby requested to propose and obtain the passage of an act of the legislature in its 1961 session to so amend said Section 7. 13, Florida Statutes of 1.959. The foregoing Re.solution.was offered by Commissioner Osterhoudt who moved its adoption. Motion. was seconded by Commissioner Freeman , and upon being put to vote, the vote was as follows: Wm. Freeman., Jr. 1,Jm. L. Osterhoudt Clarence Higgs Harry Harris Gerald Saunders The Chairman thereupon declared the Resolution duly adopted -3- (Seal) and passed this 14th day of March,. A. D. 196I. BOARD OF COUNTY COMMISSIONERS. MON p/-COUNTY, FLYI&DA By;2 ; lG ald a ' Chairman. Attest: Earl R. Adams Clerk By: -4-