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Resolution 007-1974.' Section 905.30-2622 SECONI&Y ROAD RESOL&ON _ #7-1974 COUNTY COMMISSIONERS RESOLUTION ()n motion of Commissioner Freeman seconded }-)y Commissioner Parker the Following resolution was adopted: WHEREAS, the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION has authorized and requested Monroe County to furnish the necessary rights of way, borrow pits and easements for tha' portion of Section 90530-2622.- .including Avenue "D", Avenue "E" and Avenue "F" in Sand°s Subdivision on Big Pine -Key which has been surveyed and located by the STATE OF FLORIDA DEPART- MENT OF TRANSPORTATION as shown by a map on file in the Office of the Clerk of the Circuit Court of said County, and in the office of the said Department at Tallahassee, and WHEREAS, the said Department will not begin construction of said portion of said Section in said County until title to all land necessary for said portion of said Section has been conveyed to or vested in said State by said County, and said lands are physically cleared of all occupants, tenants, fences, buildings, and/or other structures and improvements upon or encroaching within the limits of the land required for said portion of said Section; and WHEREAS, the said County is financially unable at this time to provide the necessary funds to acquire said rights of way, borrow pits and easements; now therefore, be it RESOLVED, that the STATE OF FLORIDA DEPARTMENT -OF TRANS- PORTATION be and it is hereby requested to pay for the rights of way, borrow pits and easements for said road, including the removal of buildings, fences and other structures and improvements thereon, utility relocations and for other expenses of acquiring title to said rights of way, borrow pits and easements by purchase or condem- nation, from proceeds of State of Florida Department of General Ser%•i.ces hones or secondary gasoline tax funds (Article XII, Section 9(4), of the Flori�:,i Constitution, and Section 335.041, Florida Statutes, as amended), whichever is available, under conditions set forth in the contract, of which this resolution forms a part; and be it further -1- A. RESOLVED, that said County through its Board of County Commissioners, comply with the request of said Department and pro- cure, convey or vest in said State the free, clear and unencumbered title to all lands necessary for said portion of said Section, and deliver to the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION said lands physically clear of all occupants tenants, fences, buildings and/or other structures and improvements situate upon or encroaching within the limits of the lands required for said portion of said Section and that the Chairman and the Clerk of the Board be and they are hereby authorized and directed to execute and deliver on behalf of said County to said Department the Contract in the form hereto attached; STATE. OF FLORIDA ) COUNTY OF MONROE ) I HEREBY CERTIFY that the foregoing is a true and correct copy of resolution passed by the Board of County Commissioners of Monroe County, Florida, at a meeting held the 22 day of October A. D., 19 74 , and recorded in the Commissioners minutes. IN WITNESS WHEREOF, I hereunto set my hand and official seal this 24 day of October A. D. 19 74 (SLAL) erk of the Board of County C mmissioners of Monroe County -2- 9 _- - '(Rev— : -12-1-72) PARCEL 140. 100.1 90530-2622 STATE 110AD PORTION OF BIG PINE KEY COUNTY OF MONROE PAP NO. -- SECONDARY ROAD RESOLUTION #7-1974 COUN Y DEED -_ _- ---THIS DEED, spade this 2` day of October 9 19 70 by the COUNTY OF MONROE , State of _Florida, party of the first part, and the STATE OF FLORIDA for use and binefit of the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, party of thy:_ second part. - - WITYT2SSETH: That the said party of the first part for and -_- -- = in consideration of the sum of $1 _ 00 dollars to it in -- hand paid by the party of the second part, the receipt whereof is _--hereby acIcnowledged, has granted, bargained and sold to the party of - the second part, its successors, and assigns forever, the following described land, to -merit: PARCEL NO. 100 SECTION 90530-2622 All the rights and interests of Monroe County, Florida, into dedicated and used streets as described as follow Avenue D and its extension thereof from Curry Drive to the waters of Bogie Channel, Avenue E and its extension thereof from Curry Drive to the waters of Bogie Channel, and Avenue F and its extension thereof from Curry Drive to the waters of Bogie Channel in Sand's Subdivision, according to the Plat thereof as recorded in Plat Book 1 at Page 65 of the Public Records of Monroe County, Florida, said streets as now exist lying within the Right of Clay Map for Section 90530-2622, Portion of Big Pine Key, Florida. THIS INSTRUMENT PREPARED BY. CA. DATED. ? 19 7�; STATE OF FLORIDA DEPARTMENT OF TRANSPORTAT(ON FORT. LAUDEPMAL.E, FLORIDA DESCRIPTION APPROVED _ PAGE 2 9-e - PARCEL NO. 100.1 (Rev. 12-1-72) SECTION90530-2622 -- - _ - -- S'Tti`E ROAD. PORTION OF BIG PINE KEY -- - _ - COMgTy OF MONROE - - - -.. - - -- FAP NO. IN TESTIMONYWHEREOF, and by virtue of authority vested _- by- law in the Board of County Commissioners, and for and on behalf MONROE s State of Florida, we, of the .County of _--_ - the undersig�►eci, as mcbers of the Board of County co r��issioners of the County and State aforesaid have executed this deed and have thereunto set our official signatures and seals attested by -- this the. - - ties Clerk of the Circuit Court for said County, -- _ _ October , A.D. 1974 . _ day of - - - Signed, seal and delivered in the presence of (Official Seal) (SEAL,) _ Yietabe3r Board tq Com- sioners - (SEAL) AZe� ,er A®ar Gounty C:ovz-aissioners (SEAL) - er Bo xdd Couty Commissioners (SEAL) mser II and Cot, Josioners I.94mber Board CountCot , issioraers (SEAL) Monroe Couty ( SEAL) e tl (Rev. 12-1-72) PARCEL NO. 2- 0011 SECTION 90530-2622 STATE ROAD PORTION OF BIG PINE KEY COUNTY OF MONROE PAP NO. SECONDARY ROAD -- R E S O L U T I O N ON MOTION of Commissioner #7-1974Freeman , seconded by Commissioner Parker , the following Resolution was adopted: WHEREAS, the State of Florida Department of Transportation pro - PORTION OF poses to construct and improve State Road BIG PINE KEY , Section 90530-2622 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 WHEREAS, said property is not needed for County purposes; and WHEREAS, the State of Florida Department of Transportation having 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. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of MONROE County 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 coDmunity interest and for public welfare and the land needed for right of way and other road purposes is not needed for County purposes; that is deed•or deeds in favor of the State of Florida conveying all right, title and interest of MONROE County in and to said lauds required for right of way Pnd other road purposes should be draeun and executed by this Board of County Corasrissianers. Consideration shall be $ 1.00 BE IT FURTHER RESOLVED that a certified copy of thin Resolution be forwarded forthwith to the State of Florida Department of Traancport€t on at `ia�.1r:r= rw, Florida. STATE OF FdA3 ;IDS; . COUNTY OF 2, 0?vr,0E I IiP,REi4Y GE ;r' Y tIia.t the foregoing 1.6 a trtIc noey of <rt � �:z � .�ta.e�-I aduptcu by the Board, of County C(rdmilznionern of 1103-NI:Oh County, Florida t a eting h-70A 0a tite3 22 day of October , A. D. 19 74 \'le R. f.1:.� V�^Yit[Sia�f`.:nfira�¢�r,� q SECONDARY ROAD RESOLUTION #7-1974 FORM 179-05 STATE OF FLORIDA DEPARTMENT OF TiiANSPORTf►TION a" RIGHT OF WAY RESOLUTION ` WHEREAS��u�rsuraL``to due authorization, the State Highway Engineer has had a part of State Road No. , in L County located and surveyed and has designated same as Section 9 0 and has prepared a Map of Survey,and,Location o that portion of $aid Section i. c1ucz is iwf� _�uc I:f'' , __.Vcai-it -1 1:: � t! %nur �,.., - ,., l a Sub"i3 ion on ;2cy � Key 1i'1 :mac .sCi Pine NOW, THEREFORE, BE IT RESOLVED by the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION that it .hereby approves the location and survey of said portion of said Section as shown on said map and directs that a copy of said map, certified by the Director of Administration, attested by the Executive Secretary, be filed in the Office of the Clerk of the Circuit Court of said County; and BE IT FURTHER RESOLVED that it is the judgment of the STATE OF FLORIDA DEPART- MENT OF TRANSPORTATION that the construction of said portion of said Section is necessary, practical and to the best interest of the State, and that it is necessary that the right of way for the roadbed and borrow pits for said portion of said .Section be acquired in'fee simple and a perpetual easement shall be acquired for Drainage Ditches; and the Department is authorized to acquire the same by gift, purchase or condemnation; and BE IT FURTHER RESOLVED by the Department that said County be, and it is hereby requested and authorized, to secure by gift, purchase or condemnation the lands necessary for the right of way for the roadbed for said portion of said Section as shown on the official right of way map of said Section, together with any and all construction easements, borrow pits and easements for drainage ditches that may hereafter be found and determined necessary in the construction and maintenance of said portion of said Section, said land to be free of legal and physical encumbrances; and BE IT FURTHER RESOLVED, that in the event the County agrees to secure the right of way for the roadbed, ditches and borrow pits for said portion of said Section, that the Director of Ad- ministration of the Department is hereby authorized to execute for the Department the usual Right of Way Contract with the County. I I Lkywq; �M' - � �_ � STAT OF FLORIDA DEPA TMENT OF TRANSPOR ATI BY: Secretary of Tranel tion (SEAL) ATTEST: &'_4 Exce a Secretary