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Resolution 094A-1977 PARCEL NO. SECTION STATE ROAD COUNTY FAP NO. 90030, 90040 & 90050 5 MONROE RESOLUTION NO. 94A -1977 ON MOTION of Commissioner Howanitz, seconded by Commissioner Kerr, the following Resolution was adopted: l~EREAS, the State of Florida Department of Transportation proposes to construct and improve State Road 5, Section 90030, 90040 & 90050, 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 WtlliREAS, said property is not needed for County purposes; and WHEREAS, the State of Florida Department of Transportation have made application to said County to execute and deliver to the State of Florida Department of Transportation a deed or deeds 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; and WHEREAS, the land owned by Monroe County and authorized to be conveyed by this resolution are not considered to be of National, State or Local significance as publicly owned parks, recreation areas, wildlife or water fowl refuges; and \~HEREAS, the State of Florida Department of Transportation will continue to maintain and operate any public facilities now maintained or in operation on the land to be conveyed pursuant to this resolution; and \~EREAS, a part of the consideration for the transfer of said land to the Department of Transportation will be a conveyance APPROVI;O ON IQ~K ._.. P .S ~.~:;21.. . .. . . '-. PAGE ). /}S '-'. . '".~r-I,"'~':7-. ~~~..... . ,'n __ Page I of 3 Pages of that portion of Government Lots 5 and 6 lying North of old S. R. No. 4A on Cudjoe Key in Section 30, T-66-S, R-28-E, containing approximately 60 acres, subject to the stipulation that the Depart- ment of Transportation or its contractors will be allowed to enter upon said lands for the purpose of removing fill material from the land conveyed to be used in conjunction with construction of U.S. 1. This material is to be removed from areas specifically designated by Monroe County as well as amount of material to be removed is to be approved by Monroe County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COM- MISSIONERS OF MONROE COUNTY, FLORIDA, that the application of the State of Florida Department of Transportation for a deed or deeds is for right of way purposes which is in the public or community interest and for public welfare and the land needed for right of way and other road purposes is not needed for County purposes; that a deed or deeds in favor of the State of Florida conveying all right, title and interest of Monroe County in and to said lands required for right of way and other road purposes should be drawn and executed by this Board of County Commissioners. Consideration shall be land exchange as stated above, agreement to maintain parks and recreation areas and right to have any lands not used for right of way or other road purposes to be returned to Monroe County upon completion of construction and improvements upon request by Monroe County. BE IT FURTHER RESOLVED BY SAID BOARD that a certified copy of this Resolution be forwarded forthwith to the State of Florida Department of Transportation at Tallahassee, Florida. DATED May 24, 1977. BOARD OF COUNTY CO~1ISSIONERS OF MONROE COUNTY, FLORIDA ..., . ,-'...... By ... f'. ,I / tf//o // ....,. //.:' { J' ,',.4-?''-~1'''' C(!>~., .<.....-'-------- - '-. I ayor 'and Chairman (Seal) Page 2 of 3 Pages STATE OF FLORIDA COUNTY OF MONROE I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Board of County Commissioners of Monroe County, Florida, at a meeting held on the 24th day of May, A.D. 1977. ! Hct-(E::BY CERTIFY that this d h:;,- '~c>a' ocument :-;.> IJ,::cn revIewed for legal suffi- Cit::ncy and that the same meets with my approval By County Attorney's Office Page 3 of 3 Pages ... PARCEL NO. (Rev. 10-1-75) SECTION 90030, 90040 & 90050 STATE ROAD 5 COUNTY MONROE FAP NO. , COUNTY DEED THIS DEED, Made this 24th d of May A.D. _ ay 1977, by MONROE COUNTY, FLORIDA, party of the first part, and STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, party of the second part, WITNESSETH: that the said party of the first part, for and in consideration of the sum of **One Dollar** ($1.00) to it in hand paid and for the transfer of that portion of Government Lots 5 and 6 lying north of Old State Road No. 4-A on Cudjoe Key, Section 30, Township 66 South, Range 28 East, containing approximately 60 acres, has granted, bargained and sold to the party of the second part, his heirs and assigns forever, the following described land lying and being in Monroe County, Florida: All of the lands heretofore deeded to the Overseas Road and Toll Bridge District from the Florida East Coast Railway Company by deed dated November 9, 1936, as recorded in deed book G6, pages 46 to 55, public records of Monroe County, Florida, and subse- quently deeded to Monroe County, Florida, as recorded on Septem- ber 22, 1954, in O.R. Book 15, page 374 public records of Monroe County, Florida, including the areas set aside for public parking, parkways and/or parks, all lying along the path of S,R. 5 from a point beginning at the section line dividing sections twenty-one (21) and twenty (20) in T-64-S, R-36-E and extending in a south- westerly direction along S.R. 5 to a point on the section line between sections twenty-five (25) and twenty-six (26) in T-66,.S, f R-29-E, and any portion of Government Lot 2 in Section 25, T-'66-S, R-30-E which the County may o~vn, including all trestles, struc- tures, bridges and riparian rights, except Government Lot 1, Section 9 and Government Lot 3, Section 10, T-66-S, R-32-E; also except all of Long Key in Townships 64 and 65 South, Range 35 East, less any part of Lot 1, Section 7, T-65-S, R-35-E which the County may own; also except West Summerland Keys numbered 1, 2 and 3, A/K/A Spanish Harbor and Spanish Harbor Key in Sec- tions 32 and 33, T-66-S, R-3l-E, also except Pidgeon Key in T-66-S, R-3l-E, all of the above being conveyed as right of way for transportation or appurtenances and conveniences to the traveling public. Less R/W previously conveyed to the Department of Transportation for construction of the Bahia Honda Bridge or any other conveyances previously made from the above described property. As further consideration for this conveyance, it is express- ly understood and agreed that the grantee hereby agrees and binds itself to maintain for public parking areas, parkways and/or parks, at all time unless otherwise determined by law, the following de- scribed lands which are included in the lands above described: Page 1 of 2 Pages " Parking area on Long Key located at bridgehead; Knight's Key parking area located at bridgehead on north side; south side of Little Duck Key extending from shoreline to U. S. Highway No.1. , As a further consideration for this conveyance, it is expressly understood and agreed that the grantee hereby agrees and binds itself to return to Monroe County, Florida, any of the property above conveyed which is not used for right of way or other road purposes upon completion of construction and improve- ments by the grantee upon request by the grantor. IN WITNESS WHEREOF, the said party of the first part has caused these presents to be executed in its name by its Board of " County Commissioners acting by the Chairman or Vice-Chairman of said Board, the day and year aforesaid. MONROE COUNTY, FLORIDA By its Board of County Commissioners By , // ;' (/ ,,- . /' / . / - ..., -- I .c~L-. '_'\ _ ~ 'Z--<:",-c -~---._---- l1ayor arid Chairman (Official Seal) Court ..1 I HEREBY CERTIFY that this document has been reviewed for leg,,1 sufii- ciency and that the same meets with my approvat By / ;' / ///,/ _ /" /--t./ ~,;:' "- 'County Attorne~'s' Office Page 2 of 2 Pages -, I (<j 1f)"-f BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND mREBY cronn that this ti()~U.:H":~t b;~ Ib viewed tor legal sufk;;i1'r.t.X, z..~ een~ and that the same me:et~Ju.iol my coot ~ _ I_~..-.J-- }1 "f"' ~ ap,"roval,. !_~'CHARD G. PAYNE !;' .. . - Asst. County Attorner ~\..'U..\\.!a:-\..~ ' LEASE AGREEMENT NO. 2932 WHEREAS, the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida by virtue of Section 253.03, Florida Statutes, holds title to certain lands and property for the use and benefit of the State of Florida; and WHEREAS, the said Trustees by formal action on March 1, 1977, authorized and approved an agreement with Monroe County, Florida, to permit certain uses of and activities on the lands and properties hereinafter described for the purpose of preserving, developing, operating and maintaining said lands and property for outdoor recreational, park, conservation and related purposes. NOW, THEREFORE, this agreement made between the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida as LESSOR, and Monroe County, Florida as LESSEE, WITNESSETH: That the parties hereto, for and in consid- eration of the mutual covenants and agreements hereinafter contained, do hereby covenant and agree as follows: 1. The lessor does hereby lease to the lessee the fol- lowing described parcels of land, situate in Monroe County, Florida, V1Z: (See Exhibit A - Attached) TO HAVE ~~D TO HOLD the above described land for a period of twenty-five (25) years from the date hereof, for the purpose of preserving, developing, improving, operating, maintaining, pro- tecting and otherwise managing said land for public outdoor recrea- tional, park, conservation and related purposes. 2. The lessee shall have the right to enter upcn said land for all purposes necessary to the full enjoyment by said lessee of the rights herein conveyed to it. 3. The lessee shall through its agents and employees cooperate to prevent the unauthorized use of said land or any use thereof not in conformity with this lease. 4. The lesso~ or its duly authorized agent shall have the right at any time to inspect the said land and the works and opera- tions thereon of the lessee in any matter pertaining to this agree- ment. 5. The lessee agrees to obtain full approval from the State of Florida Department of Natural Resources, Division of Resource Management, for any and all facility constructiqn on said land and to maintain the approved facilities for the beneficial use of the public. The lessor agrees to submit a comprehensive devel- opment and management plan within one (1) year from date lease was approved and complete all construction within two (2) years there- after. 6. The lessee hereby covenants and agrees to investigate all claims of every nature at its own expense, and to indemnify, protect, defend, hold and save harmless the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida and/or the State of Florida from any and all claims, actions, lawsuits and demands of any kind or nature arising out of this agreement. 7. When, 1n the opinion of the Board of Trustees of the Internal Improvement Trust Fund, said lands are not utilized for the purpose outlined 1n this lease, this agreement shall terminate and the lands impressed with such agreement shall revert to the said Trustees. Any costs or expenses arising out of the implemen- tation of this clause shall be borne completely, wholly and entirely by the lessee. 8. Any inequities that may subsequently appear 1n this lease shall be subject to' negotiation upon written request of either party, and the parties agree to negotiate in good faith as to any such inequities. 9. This agreement 1S executed in duplicate, each copy of which shall for all purposes be considered an original. IN TESTIMONY WHEREOF, by authority granted February 15, 1977, the legally designated agent of the Board of Trustees of the Internal Improvement Trust Fund has hereunto subscribed his name and has caused the official seil of the Board of Trustees of Page 2 of Lease Agreement No. 2932 the Internal Improvement Trust Fund to be hereunto affixed, in the city of Tallahassee, Florida, on this ~/~ day of ~ ' A.D. 19.:L/-' (SEAL) Board of Trustees of the Internal Improvement Trust Fund BOARD OF TRUSTEES OF THE INTERNAL IP~ROVEMENT TRUST FUND W. EXECUTIVE DIP~CTOR PART~lliNT OF NATURAL RESOURCES Accepted this 24th day of May , 19~. ATTEST: . ig._ t~u~ SSEE Don Schloe ser Chairman - Monroe County Board of ounty Commissioners Name and Title Ralph W. White Clerk to the Board Page 3 of Lease Agreement No. 2932 EXHIBIT A - Lease No. 2932 LEGAL DESCRIPTION C~rt~in lands on Spanish H~rbor rey, ~o~roe County, legally described c: s f 0 11m;, 5 : The submerged lan~s, sand bars, islands and other lands in Flor-ida Say lying ;;ortherly of Spanish Harbor Key in . Sections 32 and 33, Township 66 South, Range 30 East, Monroe County, Florida, said ~~rts more particularly . d~scribed as follows: (A) Dredging Area - Left Station 70 + 00.00 Q r I Co~u~encing at the point of intersection of the Easterly end of the Big Pine Key - Spanish Har'bor Key Bridge i'Jith the Ease Line of Survey of State Road No.5, run North 84039' East a distance of 3231.85 feet, thence North 61052'40" East a distance of 2783.38 feet to Base Line Station 70 + 00.00, thence iiorth 28"07'20" ;~est a distance of 550 feet to the Point of Beginning, thence continue iiorth 28c07'20" West a distance of 600 feet, thence North 61052'40" East a distance of 600 feet, thence South 28007'20" East a distance of 600 fed, th.ence South 61052'40" h'est a distance of 600 feet to the Point of Beginning of Dredging Area; AND (8) Storage Area - Left Station 70 + 00.00 COffin;encing at the above mentioned Base Lin-e Station 70 + 00.00 run riorth 28"07'20" l.Jest a distance of 550 feet to the Point of 8eginning, thence North 6]052'40" East a distance of 600 feet, thence South 28007'20" East a distance of 250 feet, thence South 61052'40" \~est a distance of 600 feet, thence North 28"'07'20" ~~est a distance of 250 feet to the Point of Beginning of Storage Ar-ea; AND (C) Haul Route - Left Station 75 + 85_33 COri.;~encing at the aforer;-;entioned Base Line Station 70 + 00.00 run r;orth 61'.'52'40" East a distance of 585.33 feet, thence r';orth 28c07'20" :..i:,>st a distance of 170 feet to the :1:Qst r.;ortr....esterly right of way 1 ine of State Road No.5 as shown on the right of way map of Section 90030-2510, State Road No. 5 and the Point of Beginning, thence continue North 28G07'20" West a distance of 130 feet to the South- easterly line of the afore~e~tioned Storage Area, thence South 61052'40" \':est a distance of 50 feet, thence South 28007'20" East a distance of 130 feet to the aforesaid most riorth'..;ester1y right of way line of said State Road No.5, thence North 61052'40" East along said t';ortherly right of way line a distance of 50 feet to the Point of Beginning of Haul Route. Note: A~cve ~e5cription bdsed on Proposed Dr~dging and Fill Storage Area app1ic2tion prepar~G by Florida Department of Transportation dated Nove~ber, 1969, job 90030-2510; and the approval by the Flori~a Cabinet, in their capacity as the Board of Trustees of the Inte~na1 Improvement Trust Fund, of th~t certain twenty-five YCdr' lease r-cq,>:>::,t,,:,d by :'~onroe County, Florida, at the T.I.I.T.F. r;;h,ting of :'iar'ch 1, 1977.