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Resolution 291-2011 RESOLUTION NO. 291 - 2011 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING THE CONVEYANCE OF THIRTY -NINE (39) PARCELS (TOTAL 4.67 ACRES) OF LAND LOCATED IN TORCH KEY ESTATES SUBDIVISION, LITTLE TORCH KEY, FLORIDA TO THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA. WHEREAS, the Board of County Commissioners of Monroe County, Florida acquires parcels of land by donation, usually in connection with the award of ROGO points, some of which have been designated as Florida Forever lands; and WHEREAS, the BOCC has acquired thirty -nine (39) such parcels of land (totaling 4.67 acres) located in Torch Key Estates Subdivision, Little Torch Key, Florida as specifically identified in Exhibit A. to this resolution; and WHEREAS, the Monroe County Land Authority is presently seeking approval to convey seventy -six (76) parcels of pre- acquired Florida Forever properties also located in Torch Key Estates Subdivision, Little Torch Key, Florida (totaling 8.7 acres) as specifically identified in Exhibit B. to this resolution, to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida; and WHEREAS, all subject properties are designated Tier 1 — Natural Area, zoned Improved Subdivision and located within the Florida Keys Ecosystem project of the Florida Forever Program; and WHEREAS, conveyance of the thirty -nine (39) BOCC parcels totaling 4.67 acres, in coordination with the conveyance of the Monroe County Land Authority's seventy -six (76) parcels totaling 8.7 acres, to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida will consolidate ownership and management of public conservation lands in this area of Little Torch Key, Florida and the State of Florida Forever Program will provide protection of the subject properties from development; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AS FOLLOWS: 1. The Mayor of the Board of County Commissioners is hereby authorized to execute a deed and any associated closing documents to convey title to the subject properties listed in Exhibit A. to this resolution to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida for inclusion in the Florida Forever Program. 2. The deed shall be subject to the deed restrictions cited in Exhibit B. to this resolution. Page 1 of 2 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on this 21st day of September, 2011. Mayor Heather Carruthers Yes Mayor Pro Tem David Rice Yes Commissioner Kim Wigington Yes Commissioner George Neugent Yes Commissioner Sylvia Murphy Yes (SEAL) ' _ , F�, BOARD OF COUNTY COMMISSIONERS Attest: DANNY I,. KOLHAGE, CLERK OF MONROE UNTY, FLORIDA 11 B • , � z. B By: y: eputy Clerk Mayor /Chairperson \ ^ °apt.. 7 OVcD AS TO.' ;;'u1' / > :Y ' H O act r.- O to H G C, l J Q r.l Page 2 of 2 EXHIBIT A BOCC Parcels in Torch Key Estates to be Donated to BOT Deed Date of AK RE Block Lot Owner Reference Title Policy 1277312 212310.000000 2 2 BOCC 1486 -728 None 1277509 212500.000000 2 21 BOCC 2111 -1455 None 1277517 212510.000000 2 22 BOCC 2111 -1455 None 1277738 212730.000000 3 1 BOCC 1462 -757 None 1277975 212970.000000 3 25 BOCC 1411 -257 None 1278017 213010.000000 3 29 BOCC 1458 -927 None 1278025 213020.000000 3 30 BOCC 1458 -927 None 1278271 213270.000000 4 18 BOCC 1420 -2478 None 1278289 213280.000000 4 19 BOCC 1420 -2482 None 1278319 213310.000000 4 22 BOCC 1517 -2060 None 1278327 213320.000000 4 23 BOCC 1425 -2287 None 1278335 213330.000000 4 24 BOCC 1848 -1853 None 1278394 213390.000000 4 30 BOCC 1487 -723 None 1278408 213400.000000 4 31 BOCC 1398 -1996 None 1278416 213410.000000 4 32 BOCC 1398 -1995 None 1278432 213430.000000 5 1 BOCC 1489 -2006 None 1278441 213440.000000 5 2 BOCC 1489 -2008 None 1278459 213450.000000 5 3 BOCC 1486 -698 None 1278467 213460.000000 5 4 BOCC 1499 -1059 None 1278556 213550.000000 5 13 BOCC 1971 -1689 None 1278564 213560.000000 5 14 BOCC 2053 -2059 None 1278670 213670.000000 5 25 BOCC 1595 -1366 None 1278688 213680.000000 5 26 BOCC 1508 -1970 None 1278726 213720.000000 6 3 BOCC 1875 -2025 None 1278734 213730.000000 6 4 BOCC 1986 -363 None 1278742 213740.000000 6 5 BOCC 1777 -1661 None 1278769 213760.000000 6 7 BOCC 1411 -2373 None 1278777 213770.000000 6 8 BOCC 1650 -1249 None 1278823 213820.000000 6 13 BOCC 1432 -632 None 1278831 213830.000000 6 14 BOCC 1432 -632 None 1278866 213860.000000 6 17 BOCC 1411 -2375 None 1278874 213870.000000 6 18 BOCC 1411 -2374 None 1278904 213900.000000 6 21 BOCC 1677 -1966 None 1279005 214000.000000 7 8 BOCC 1474 -1398 None 1279013 214010.000000 7 9 BOCC 1474 -1397 None 1279153 214150.000000 8 6 BOCC 2053 -734 None 1279161 214160.000000 8 7 BOCC 1659 -917 None 1279170 214170.000000 8 8 BOCC 1697 -1081 None 1279188 214180.000000 8 9 BOCC 1677 -1965 None Page 1 of 1 EXHIBIT B Deed Restrictions on 39 BOCC Parcels in Torch Key Estates to be Donated to BOT. The subject property is to be managed as conservation land under the single use concept to protect and restore native plant and animal communities. Secondary uses, to the extent they do not detract or interfere with the protection and restoration of native plant and animal communities, will be to protect cultural resources and to provide natural resource -based education and recreation. All other uses and activities inconsistent with land conservation are prohibited, including the transfer of development rights to or from the subject property. The above restrictions are perpetual, run with the land in favor of the GRANTOR, can only be amended by written consent of the GRANTOR, and are binding on all present and subsequent owners and mortgagees. DRAFT DEED Resolution authorizes Mayor to execute a document in substantially the same form as follows, and deeding the specified parcels to the Board of Trustees of the Internal Improvement Fund of the State of Florida. i this instrument prepared by, DocN Filed 1882643 05/14/2012 10:47AP 1 or under the direction of, Filed & Recorded in Official Records of Suzanne A. Hutton,Esq. MONROE COUNTY DANNY L. KOLHAGE FBN 336122 Office of County Attorney Bkt 1841 P.O.Box 1026 Key West, Fl. 33041 -1026 QUITCLAIM DEED THIS QUITCLAIM DEED, Made this 21st day of September 2011, by and between the Board of County Commissioners for Monroe County, Florida (GRANTOR), a political subdivision of the State of Florida and Party of the First Part, whose post office address is 500 Whitehead Street, Key West, Fl. 33040, to the Board of trustees of i the Internal Improvement Trust Fund of the State of Florida (GRANTEE), Party of the Second Part, whose post 1 office address is c/o Florida Department of Environmental protection, Division of State Lands, 3900 Commonwealth 1 BGoulevard, Mail Station 115, Tallahassee, FL 32399 -3000. (Wherever used herein, the terms GRANTOR and GRANTEE include all the parties to this instrument and their heirs, legal representatives, successors and assigns. GRANTOR and GRANTEE are used for singular and plural, as the context requires, and the the use of any gender shall include all genders.) WITNESSETH E That the said GRANTOR, for and in consideration of the sum of Ten Dollars, to said GRANTOR in hand paid s by said GRANTEE, the receipt whereof is hereby acknowledged, has released, remised and quitclaimed, and by these presents does hereby remise, release and quitclaim unto the said GRANTEE and GRANTEE's successors and assigns i forever, all the right, title and interest of the GRANTOR in and to the following described land situate, lying and being in Monroe County, Florida, to wit: I 1 I See Exhibit "A" attached hereto and by reference made a part hereof, 1 showing Property Appraiser's Parcel Identification Numbers, the Block f and Lot numbers of parcels within Revised Plat of Torch Key Estates, recorded at Plat Book 4, page 40, Official Records of Monroe County, Florida, i comprising 39 Lots, for a total of approximately 4.67 acres. i Acceptance of Transfer of Title to Donated Lands attached hereto as Exhibit B and 1. by reference made a part hereof. 1 t Subject to deed restrictions in favor of GRANTOR attached hereto and made a part hereof as Exhibit C. 1 I I e I e TO HAVE AND TO HOLD, the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, law or equity, to the only proper use, benefit and behoof of t the said GRANTEE, its successors and assigns forever. i IN WITNESS WHEREOF, the GRANTOR has caused these presents to be signed in its name by its Board t of County Commissioners acting by the Mayor of said Board, the day and year first above written, pursuant to Section 1 125.411, Florida Statutes. fi 1 1 s i 1 (OFFICIAL Sl< ) i ATTES'T. t '- E BOARD OF C AUNTY OMMISSIONERS DANN'i' L. KOLIIAGE OF MONR �' CO FLORIDA x 4 - . , \l' s ' y . : g rI L t.L i.`0 . wq-- ' " „ :. , Deputy Clerk - Mayor 9/31,/, i i EXHIBIT A BOCC Parcels in Torch Key Estates to be Donated to BOT Deed Date of _ AK RE Block Lot Owner Reference Title Policy 1277312 212310.000000 2 2 BOCC 14.86-728 None 1277509 212500.000000 2 21 BOCC 2111 -1455 None 1277517 212510.000000 2 22 BOCC 2111 -1455 None 1277738 212730.000000 3 1 BOCC 1462 -757 None 1277975 212970.000000 3 25 BOCC 1411 -257 None 1278017 213010.000000 3 29 BOCC 1458 -927 None 1278025 213020.000000 3 30 BOCC 1458 -927 None 1278271 213270.000000 4 18 BOCC 1420 -2478 None 1278289 213280.000000 4 19 BOCC 1420 -2482 None 1278319 213310.000000 4 22 BOCC 1517 -2060 None 1278327 213320.000000 4 23 BOCC 1425 -2287 None 1278335 213330.000000 4 24 BOCC 1848 -1853 None 1278394 213390.000000 4 30 BOCC 1487 -723 None 1278408 213400.000000 4 31 BOCC 1398 -1996 None 1278416 213410.000000 4 32 BOCC 1398 -1995 None 1278432 213430.000000 5 1 BOCC 1489 -2006 None 1278441 213440.000000 5 2 BOCC 1489 -2008 None 1278459 213450.000000 5 3 BOCC 1486 -698 None 1278467 213460.000000 5 4 BOCC 1499 -1059 None 1278556 213550.000000 5 13 BOCC 1971 -1689 None 1278564 213560.000000 5 14 BOCC 2053 -2059 None 1278670 213670.000000 5 25 BOCC 1595 -1366 None 1278688 213680.000000 5 26 BOCC 1508 -1970 None 1278726 213720.000000 6 3 BOCC 1875 -2025 None 1278734 213730.000000 6 4 BOCC 1986 -363 None 1278742 213740.000000 6 5 BOCC 1777 -1661 None 1278769 213760.000000 6 7 BOCC 1411 -2373 None 1278777 213770.000000 6 8 BOCC 1650 -1249 None 1278823 213820.000000 6 13 BOCC _ 1432 -632 None 1278831 213830.000000 6 14 BOCC 1432 -632 None 1278866 213860.000000 6 17 BOCC 1411 -2375 None 1278874 213870.000000 6 18 BOCC 1411 -2374 None _ 1278904 213900.000000 6 21 BOCC 1677 -1966 None 1279005 214000.000000 7 8 BOCC 1474 -1398 None 1279013 214010.000000 7 9 BOCC 1474 -1397 None 1279153 214150.000000 8 6 BOCC 2053 -734 None 1279161 214160.000000 8 7 BOCC 1659 -917 None 1279170 214170.000000 8 8 BOCC 1697 -1081 None 1279188 214180.000000 8 9 BOCC 16774965 None Doc$$ 1882643 Bk$$ 2569 PO 1842 Page l of 1 i EXHIBIT "A" Lots 2, 21, 22, Block 2; Lots 1, 25, 29,30, Block 3; Lots 18, 19, 22, 23, 24, 30, 31, 32, Block 4; Lots 1, 2, 3, 4, 13, 14, 25, 26, Block 5; Lots 3, 4, 5, 7, 8, 13, 14, 17,18, 21, Block 6; Lots 8, 9, Block 7; Lots 6, 7, 8, 9, Block 8, all of the Revised Plat of Torch Key Estates, according to the plat thereof recorded in Plat Book 4, Page 40 of the Public Records of Monroe County, Florida. i i 4 z i � F DATE: 9 -7 -2011 FKE / Little Torch Key f Torch Key Estates 39 Monroe County BOCC Donation Parcels Page 1o(1 Deal 1882643 Bk$$ 2569 Pgit 1843 This Instrument Prepared By and Please Return To: Mike D. Morelly, Attorney Department of Environmental Protection EXHIBIT B 3900 Commonwealth Blvd. MS 115 " " Tallahassee, Florida 32399 ACCEPTANCE OF TRANSFER OF TITLE TO DONATED LANDS Board of Trustees of the Internal Improvement Trust Fund of the State of Florida hereby accepts this conveyance as a transfer of title of the real property as described in this Deed in accordance with F. S. 259.041(10)(a). BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT k TRUST FUND OF THE STATE 0 FLORIDA NA' URE OF ST WITNESS) BY: Clay Smal ood, ivision Director, �. DIVISION OF STATE LANDS, 1 v�e r` ekla l_ DEPARTMENT OF ENVIRONMENTAL (PRINTED, TYPED OR STAMPED NAME PROTECTION, as agent for and on behalf OF FIRST WITNESS) of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (SIGNATURE OF SECOND WITNESS) Docp 1882643 Bkn 2569 Pgq 1844 (PRINTED, TYPED OR STAMPED NAME Date Signed APPROVED AS TO OF SECOND WITNESS) FORM AND LEGALITY STATE OF FLORIDA APR �, L COUNTY OF LEON BY: MICHAEL D. MORELLY (DEP ATTORNEY) The foregoing instrument was acknowledged before me this c - r— day of j i/ 2012, by Clay Smallwood, Division Director, Division of State Lands, Department of Environmental Protection, as gent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. He is personally known to me. (NOTARY PUBLIC SEAL) }� No Public / 1 * •f MY cOAiMI59 EXPIRES: Febnrary11, 20111 (Printed, Typed, or Stamped Name of Not Public ,kr... Boded T al Notary P l azy ) Commission No.: My Commission Expires: EXHIBIT C Deed Restrictions on 39 BOCC Parcels in Torch Key Estates to be Donated to BOT. The subject property is to be managed as conservation land under the single use concept to protect and restore native plant and animal communities. Secondary uses, to the extent they do not detract or interfere with the protection and restoration of native plant and animal communities, will be to protect cultural resources and to provide natural resource -based education and recreation. All other uses and activities inconsistent with land conservation are prohibited, including the transfer of development rights to or from the subject property. The above restrictions are perpetual, run with the land in favor of the GRANTOR, can only be amended by written consent of the GRANTOR, and are binding on all present and subsequent owners and r mortgagees. Doct$ 1882643 Bkq 2569 PO 1845 5 � 5 } MONROE COUNTY OFFICIAL RECORDS