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
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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
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By
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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
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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
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'County Attorne~'s' Office
Page 2 of 2 Pages
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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
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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
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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.