Resolution 003-1968
RESOLUTION NO.
3 -1968
WHEREAS, the Board of County Corrnnissioners of Monroe County,
Florida desires to obtain, without advertising, a navigational easement
across certain submerged lands, as hereinafter described, for the reloca-
tion of the Intracoastal Waterway through the shallow bank between Card
and Barnes Sounds, adjacent to Key Largo, Monroe County, Florida, in
connection with the rebuilding of the Old Card Sound Highway, and deems
the acquisition of said navigational easement to be in the interests of public
need, and
WHEREAS, said submerged lands are owned by the State of Florida,
now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA, that the Trustees of the Internal Im-
provement Fund of the State of Florida be, and they are hereby requested
to grant to Monroe County, Florida, a political subdivision of the State of
Florida, a navigational easement across the following described submerged
lands, for public purposes as hereinabove set forth:
A 500 foot wide easement for navigational purposes over a
parcel of submerged land between the seven (7) feet below
Mean Low Water contours across the shallow bank separating
Card and Barnes Sounds, adjacent to Key Largo in Section 19,
Twp. 59 S., Rge. 40 E. in Monroe County, Florida, being
more particularly described as follows: From the intersection
of the centerline of the Old Card Sound Road with the County
Line between Dade and Monroe Counties, thence proceed S.
650 44' 24" E. along said centerline,S, 238. 00 feet to the cen-
terline of said 500 foot wide easement hereinafter described;
thence proceed N. 240 19' 13" E. along the centerline of said
easement, 1100 feet to the Northernmost end of said easement;
thence proceed S. 240 19' 13" W. along the centerline of said
easement, 2, 136. 73 feet; thence proceed S. 210 31' 3111 E.
along the centerline of said easement, 3300 feet to the Southern-
most end of said easement. Containing 62.4 acres.
BE IT FURTHER RESOLVED BY SAID BOARD that the Clerk of said
Board be, and he is hereby authorized to forward certified copies of this
Resolution to the Trustees of the Internal Improvement Fund of the State of
Florida, for appropriate action.
Dated January 9th, 1961i.
Jo
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RFC.
PAGE .� ►
TRUSTEES OF THE INTERNAL' IMPROVEMENT FUND
OF THE STATE OF FLORIDA
5874
INTRACOASTAL WATERWAY CHANNEL
NO. 24727
THIS INDENTURE, made this 22nd day of January, A. D.
1968, between the TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE
STATE OF FLORIDA, parties of the first part, and the BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, party of the
second part, WITNESSETH:
• WHEREAS, Chapter 610, Laws of Florida, Acts of 1855, is
entitled "AN ACT To Provide For And Encourage A Liberal System Of
Internal Improvement In This State", and the said Act makes re-
ference to "proper objects of internal improvement in relation to
roads, canals, navigable streams", etc. , and the lands hereinafter
described being necessary in connection with canals, navigable
streams, the navigability of the same, the drainage and protection
against -flood afforded thereby; and
WHEREAS, the lands hereinafter described are of
sovereign character and title thereto appears vested in the
Trustees of the Internal ImprovementFund under provisions of
Section 253 .12, Florida Statutes.
NOW, THEREFORE, in consideration of the public benefits
to be derived and for the public convenience and welfare, '-and in
order to encourage the construction, operation and' maintenance of
the works of navigation, the said Trustees of the Internal Improve-
ment Fund of the State of Florida, hereby grant unto the Board of
- - County Commissioners of Monroe County, Florida, its officers,
agents, servants and contractors, the right, privilege, power and
authority to enter upon, occupy and use any and all cif the herein-
after described lands for right of way purposes for the con-
v,/strruction, improvement and maintenance of the Intracoastal
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g c 405 PAGE 682
Waterway Channel, Monroe County, Florida, more particularly
described as follows, to-wit:
A 500 foot wide easement for navigation purposes over
a parcel of submerged land between the seven (7) feet
below Mean Low Water contours across the shallow bank
separating Card and Barnes Sounds, adjacent to Key Largo
in Section 19, Township 59 South, Range 40 East, Monroe
County, Florida, being more particularly described as
follows : From the intersection of the centerline of the
Old Card Sound Road with the County Line between Dade and
Monroe Counties ; thence proceed South 65° 44 ' 24" East
along said centerline, 5,238.00 feet- to the centerline of
said 500 foot wide easement hereinafter described; thence
proceed North 24° 19 ' 13" East along the centerline of
said easement, 1100 feet to the Northernmost end of said
easement; thence proceed South 24° 19 ' 13" West along the
centerline of said easement, 2, 136.73 feet; thence pro-
ceed South 21° 31' 31" East along the centerline of said
easement, 3300 feet to the Southernmost end of said _ease-
ment; containing 62 .4 acres, more or less .
RESERVING, HOWEVER, to the Trustees of the Internal
Improvement Fund of the State of Florida, their successors and
assigns, all such rights and privileges in said tract of land
that may be used and enjoyed without interfering with and abridg-
ing the rights and easements hereby conveyed to the BOARD OF —
COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA.
-The parties of the first part accept no responsibility
or liability on account of any act performed by the party of the
second part affecting any other public agency, or any private
person or corporation, or rights of such agency, or person, or
corporation, in property in anywise connected with, affected,by
or arising out of, the grant hereby made; and
PROVIDED, that the right, privilege, power and authority
hereinabove granted shall be in full force and effect in perpetuity
from and after the date hereinabove set forth. When and if, in
the judgment of the Board of County Commissioners of Monroe County,
Florida, any parcel hereinabove described, shall no longer be
useful to the Board of County Commissioners for the purposes
herein expressed, said parcel or portion thereof, shall revert to
the parties of the first part, and by a recordable instrument the
party of the second part shall reconvey, or release, to the
parties of the first part such parcel, or portion thereof.
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REC �t�J PAGE 3
TO HAVE AND TO HOLD the said rights and easements unto
the party of the second part, the BOARD OF COUNTY COMMISSIONERS
of Monroe County, Florida, subject to the conditions herein set
forth, for the purposes aforesaid, forever.
IN WITNESS WHEREOF, the said Trustees of the Internal
Improvement Fund of the State of Florid"aa have hereunto_,siubscribedd
their names and have caused the d�ffici l seal d ' said�''Ixustees t6
be hereunto affixed, in the City ofi allahasse'er Florida, on tIlYs
the 22nd day of January, A. D. /196$. '`
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This instrument was proparad atthq Superi e dent of Public Instruction
direction of the Tiusters of the Internal
Improvement Fund and approved as to
form and legality by the Attorney General S244r,/,)1,
of the state of Florida, whose address Commi sioner of Agriculture
is the Capitol, Tallahassee, Florida.
As and Constituting the Trustees
of the Internal Improvement Fund
of the State of Florida
156748
..anr�th Court + l
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