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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 4a5 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 6G ., E1 1 i• did 8ssi -1- .� ' �.t,j� 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. -2- a 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$. '` ii1 ---7.1i /if( ,,, / ///;/ 117. overnor `/ U:-/r- ' u 6tz Secretary of State V SEAL) °° , r,, a us T ' 8e`s` I t':-. Fund �l?.f./�.r� ,.. �, A , torney Geneer- 1 i 1y • hni"'' • a 4; is 7 /. r : r !' - GQompt ller r C." R ., ; k.° Trea rer .21 7- Ziee;,L,2;,t/ 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 .., v �st fit. ��:jlaTat -3-