Resolution 005-1976
RESOLUTION NO. 5 -1976
WHEREAS, the State of Florida owns certain lands in Sec-
tion 5, Township 64 South, Range 37 East, said lands being under
the jurisdiction of the Department of Transportation State of
Florida, and
WdEREAS, the Board of County Commissioners of Monroe County,
Florida, desires to obtain a portion of said land for the purpose
of placing a translator broadcast tower to be used for broadcasting
purposes within the translator broadcasting system to be established
by said Board, now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY CO}rnISSIONERS OF
MONROE COUNTY, FLORIDA, that the Department of Transportation State
of Florida be and it is hereby requested to deed a portion of either
Parcel A or Parcel ~ 260 feet by 250 fee~ said parcels being de-
scribed in that certain fee simple deed of gift as recorded in
Official Record Book 525, pages 735-737, copy of which is attached
hereto and made a part hereof, to Monroe County, Florida, for the
purpose of constructing a translator broadcast tower to be used
for broadcasting purposes within the translator broadcasting system.
BE IT FURTHER RESOLVED BY SAID BOARD that certified copies
of this resolution be forwarded by the Clerk of said Board to the
Department of Transportation State of Florida for appropriate action.
DATED January 6, 1976.
BOARD OF COUNTY COMMISSIONERS OF
110NROE COUNT~/ORIDA /1 _
By /:~.,r.. 'd7' /7-.r.M/,;-t:-
Mayor an .. Cha~rman
(Seal)
Attest :..___.
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( /~~12~ff-
,.-/ ! Clerk
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FEE SIMPLE DEED OF GIFT
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This L"IDEliTURE, ma.de this /3 -day of December, A.D~
1972, between \rdITNEY BOURNE ATWOOD, a single person, of
Lands End, Sheep Lane, Locust Valley, of the County of
Nassau, and state of New York party of the first part, and
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STATE OF FLORIDA, party of the second part, WITNESSETH, that:
the said party of the first part, for a good and valuable
considera.tion to her in hand paid, the receipt whereof is
hereby acknowledGed, has granted, bargained, sold and trans-!
ferred, and by these presents does grant, bargain, sell ~~d
transfer unto the said party of the second part and its
successors and assigns forever, all those two cert~in1:ar-
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cels of land lying and being in the County of MO~~ .md ~
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State of Florida, more particularly described as J'oll{:ff.s::::l
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PARCEL A ,-, ,-. ::::0_ ;0
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All tha.t part of Section 5, Township 64, ~~ttr;: g
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Rnnge 37 East, described as follows: ~
Frao the intersection of the Northwesterly right-of-
way line of the Over3eao HiC;hwo.y (U.S. lIighwa.y Ill) and the
Ea.nt line of Section 6 as established by R. L. Stewa.rt as
the sa..":le is shoim on 0. 3UrVey dated June 27, 1958, made by
G. A. Craw::;haw, run North 450 48' 45" East aJ..ong said North-
westerly riGtt-of-wayline a dist~~ce of 368.05 feet; thence
run North 2[~O 6' 15" West a distance of 753.06 feet more or
less, to the hic..'1. tide line of Florida Bay and the point of
beGi~~ing of the lands herein described; from said point of
bec;irminc; run South 2l~ 0 6" .15" Eo.nt a distance of 1606.28
feet more or less to the hiGh tide line of the Atl~~tic
Ocean; thence Southwesterly me~~derine said high tide line
to the East line of said Section 6. thence North alone the
East line of said Section 6, 752.68 feet more or less to the
intersection of ::;aid Ea::;t line of' Section 6 with the liorth-
westerly riGht-o~-way line of said Ovorse~s Highway; thence
continue l:orth alone; the E3.st line of sa.id scgtion 6 a dis-
tancc of 672 fect to 0. point; thence North 24 61 15" West a:
distance of 240 ~eet more or less, to the high tide line of .
Florida Bay: thence Northeasterly r:lconderinc; said high tide .
linc to the point of bCGinning, excep~1ng therefrom the said,
rieht-of-'..o.y of the Overseas Highway. . ~
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JIJ,SO EXCEPTn~G: All that part or portion of the above des-
cribed land lyinS I:Qrth of U. S. Route ill.
ALSO EXCEY.i'nrC: P Ai\CEL 1
A parcel of land in Lot 7 in Section 5, Township 64 South,
Rn.nge 37 East, Upper Eatecurnbe Key, Honroe County, Florida,
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~~t-625 PACE 736 I
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as shown on '!Plat of Part or Government Lot 1 and allot
Lot 2 and 3 of Section 32, TO'~5hip 63 South, Range 37 East,
and all of Lot 1, Section 5. Town5hip 64 south, Range 37 I
East, as surveyed for Lee Pinder by Geo. V-a.cDonnld, C. E." I
and recorded in Plat Book 1 at Page 41, Public Records ot
Monroe County, Florida, and more particularly described as I
follows: ,
Beginning at the intersection of the dividin~ line between' J
Sections 5 and 6, Township 6<<. South, Range 37 East, as es- ",
tnblished by R. L. stewart in June, 1910, with the Northerly 1
right-Of-way line of Old State Road 4-A (S-905)" run North I
55 04' East along said Northerly ri~~t-of-way line ofoOld I
State Road 4-A, a distance of 100 feet; thence North 4 42'
40" West, a distance of 124.08 feet to the Southarly right-
of-way line of State Road NO.5; thence South 45 48' 45"
West along said Southerly right-of-way line of State Road
No. 5 a distance of 100 feet to the said dividing line be-
tween Sections 5 and 6; thence South along said dividing
line, a distance of 111.2 feet to the point ot beginning. .
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PARCEL 2:
A parcel of land in Lot 7 in Section 5, Township 64 South..
Range 37 East, upper Matecumbe Key, Monroe County, Florida..
as shown on "Plat of Part of Government Lot 1 and all ot
Lot 2 and 3 of Section 32.. Township 63 South, Range 37 East
and all of Lot 1, Section 5, To'tmship 64 South.. Range 37
East.. as surveyed for Lee Pinder by Geo. HacDonald, C. E."
and recorded in Pla.t Book 1 at Page 41, Public Records of
Monroe County.. Florida, and more particularly described as
follows:
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!i Beginning at the mean high tide line on the shore of the
:1 Atlantic Ocp-an on the dividing line between Section 5 and
;1, 6.. Township ()4 South.. Range 37 East.. as established by I
ij R. L. Stewart in June, 1910, and run North on said dividing i'..
Ii line, a distance of 553 feet, more or less.. to the Southerly I ' .
!: right-of-way line of Old State Road 4-A (S-905); thence 1
;i North 550 04' East along said Southerly right-of-way line
il oS Old State Rond 4-A, a d1sta..'"lce of 200 feet; thence South I
1:1,1 2 42' 50" East.. a distance of 599 feet mare or less.. to the I
" said mean high tide line; thence South 72 44' West along
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said mean high tide line.. a distance of 200 feet, more or
less.. to the point ot beginning. "
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PARCEL B
A parcel of submerged land in the Straits of Florida
in SectionS, Township 64 South, Range 37 East.. upper Mate-
cu.nbe Key.. Honroe County.. Florida.. more particularly des-
cribed as follows:
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:i , Commence at the intersection of the dividing line
between Sections 5 and 6, To~mship 64 South, Range 37 East,
as esta.blished by R. L. Stew~rt in Ju."1e 1910 With the sou-
tther~ right of way line of Old sta.te Road 4-A (S-905);
thence proceed North 550 04' East along saidosoutherly right
of way line 200 teet; thence pl'oceed Sou.th 2 42' 50" East
for a distance of 599 feet more or less to the Mean High
Tide Line on the shore of the Straits of Florida and the
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~~~ 525 PACE 737
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Point of Beg~~~~ of tho parcel hereinafter described;
thence Sguth 32v 52' Ea~t for a distance of 200 feet, thence:
Nosth 61 15' East for a distance of 275 feet; thence North '
49 42' East for a diatnnce of 299..2 feet to the most Sou- :
therly corner of a parcel of submerged land previously con-
veyed to Brink by Trusteesoof Internal Improvement Fund Deed
No. 21602; thence North 50 35' West along the Brink parcel .
for a dist~~ce of 200 feet to a point on said Mean High Tide
Line; thence r;emder said l,~ean High Tide Line in a South-
westerly direction for a distance of 515 feet more or less
to the point or place of Beginning;
Subject, as to Parcel B to the reservation of
certain phosphate, minerals, metals and petrole~~ contained
in the deed fro~ the Trustees of the Internal Improvement
Fund of the state of Florida to party of the first part,
recorded in the Public Records of Monroe County, Florida on
December 14, 1966 as instrument No.. 144241.
TOGETHER ,~th all the tenements, hereditaments and
appurtenances with every privilege, right, title, interest
and estate, dower and right of dower, reversion, reminder
and easc~cnt thereto belonging or in anywise appertaining:
TO HAVE AIID TO HOLD the same in fee simple forever.
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In WITNESS WHEREOF, the said party of the first pa.:-t
has hereunto set her hand and seal the J 3~ay and year
above written.
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in our p~esenc~.. !
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="ney lourn~o - .
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Signed, Sealed and Delivered
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FrcGerick Eo Winkler
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This instrument prepared by:
Frederick E. Winkler, Esq.
Messrs. Bisco, Winkler &
Higgiston
645 Madison Avenue
New York, N.Y. 10022
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"?"K:J'/::~ #<1.5 TO
~:M AND.LEGJLITY
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VUc..RNG:Y.. ~
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RESOLVED, that said County through its Board of County
Commissioners, comply with the request of said Department and pro-
cure, conveyor 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 FLORJ;DA
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
9th day of September
, A. D., 1976, and recorded in
the Commissioners minutes.
IN WITNESS WHEREOF, I hereunto set my hand and official
seal this
14th day of September
, A. D. 19
76
( SEAL)
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