Corrective QCD
Clelf( of lhe
Circul coun
Danny L. Kolhage
Office (305) 295-3130 Fax (305) 295-3663
Memorandum
To:
Suzanne Hutton,
County Attorney
Attn:
Kathy Peters
Isabel C. DeSantis" l;
Deputy Clerk :p
From:
Date:
Tuesday, October 10, 2006
Attached please find a Corrective Quit Claim Deed to correct a scrivener's error on
the legal description concerning the transfer of real property to the City of Marathon
pursuant to an lnterlocal Agreement (Resolution # 201-2005).
Attached hereto is the original Corrective Quit Claim Deed for your recording
the Official Records of Monroe County. Should you have any questions, please do not
hesitate to contact this office.
cc: File
Prepared by: Susan Grimsley
FBN: 0209228
Office of the County Attorney
P.O. Box 1026
Key West, FL 33041-1026
CORRECTIVE QUIT CLAIM DEED
TO CORRECT SCRIVENER'S ERROR ON LEGAL DESCRIPTION
-tit
THIS INDENTURE, made this ..30 - day of September 2006, by and between
MONROE COUNTY, Party of the First Part, by and through the Board of County
Commissioners of Monroe County, Florida, whose address is 500 Whitehead Street, Key
West, Florida 33040, to the CITY OF MARATHON, Party of the Second Part, a
municipal corporation of the State of Florida.
WITNESSETH
WHEREAS, a Quit Claim Deed was executed on June 15, 2005, pursuant to an
interlocal agreement providing in part that the Party of the First Part would transfer to the
party of the Second Part the bay bottom adjacent to the Marathon Yacht Club; and
WHEREAS, it was brought to the attention of the parties that the legal description
had a scrivener's error;
NOW THEREFORE, THIS INDENTURE WITNESSETH: That the Party of the
First Party, in consideration of promises contained in the above-referenced interlocal
agreement, does hereby remise, release and quitclaim unto the party of the Second Part,
and assigns, forever, all the right, title and interest of the party of the First Part to the
property herein described all that certain land situate in Monroe County, Florida, to wit:
See legal description in Exhibit A, attached hereto and incorporated herein be
reference
TO HAVE AND HOLD, the said premises and the appurtenances thereof unto the
Party of the Second Part,
IN WITNESS WHEREOF, the Party of the First Part has caused these presents to
be signed in its name by its Board of County Commissioners acting by the Mayor of said
BOiH"d, the day and year first above written.
, '.'..','
BOARD OF COUNTY COMMISSIONERS
OF MONROE CO ,FLORIDA
EXHffiIT "A"
A PARCEL OF SUBMERGED LAND BEING A PORTION OF THE "Greater
Marathon Chamber of Commercial Site" as more particularly described as follows:
All the riparian rights and submerged lands in Lot One (I), Section Nine (9), Township
Shay-six (66) South of Range Thirty-two (32) East adjoining the Marathon Yacht Club
Site as described in Exhibit A-I, attached hereto and incorporated herein by reference,
and extending therefrom to the adjacent channels, as previously transferred from the
Florida East Coast Railway Company to the State of Florida in Monroe County Deed
Record G-6, pages 46 to 55, and thereafter conveyed to Monroe County by warranty deed
recorded in the Official records of Monroe County in OR Book 15, pages 374 through
376.
FILg 11243 a 2 6
BRt 1 7 0 7 PGl1 a 1 7
--
~
LEGAL DESCRIPnON
MARATHON YACHT CLUB
A parcel of land being a POrtion of the -Greater Marathon Chamber of Commerce Site. as
described In the attached legal description, said parcel of land beIng more partIcularly
described as follows:
COMMENCE at the Intersect(on of the East line of saId Government lot 3 of Section 10,
Township 66 South, Range' 32 East and the centerline of said US Highway No. 1 (State
Road No. 5); thence S 74 degrees 20 mInutes W along said centerlIne of US HIghway No.
1 for 2642.55 feet;. thence N 15 degrees 40 mInutes W for 50.00 feet to an IntersectIon
with the. Northerly right-of-way line of saId US HIghway No.1; thence S 74 degrees 20
minutes W along saId Northerly right-of-way 1,Ine for 200.00 feet; thence N 15 degrees
40 minutes Wfor 440.00 feet; thence N 74 degrees 20 minutes E for 84.00 feet to the
POINT OF BEGINNING of the hereinafter described parcel of land; thences 74 degrees
20 mInutes W along the last described line for 84.00 feet; thence N 15 degrees 40
minutes W for 111 feet more or less to the mean high water line along the Northeasterly
shore of the exIstIng yacht basIn; thence meander northwesterly along saId mean high
water line and along the southwesterly face of the exIstIng concrete dock for 300 feet
more or less to the Northerly terminus of said concrete dock; thence N 74 degrees 20
minutes E for 84 feet more or less to an IntersectIon wIth a line bearing N 15 degrees 40
minutes W from the POINT OF BEGINNING; thence S 15 degrees 40 minutes E along
said line for 411 feet more or less to the POINT OF BEGINNING.
HONRO/f COl1Nry
OFFICIAL RICORDa
EXHIBIT A-I
Page 1 of 1
Belle Desantis
From:
To:
Cc:
Sent:
Subject:
"Peters-Katheri ne" < Peters-Katheri ne@monroecounty-fl.gov>
"Belle Desantis" <idesantis@monroe-clerk.com>
"G rimsley-Susan" <G ri msJey-Susan@monroecounty-fl.gov>
Friday, October 06, 2006 1 :26 PM
Revised Quit Claim Deed - bay bottom, Marathon Yacht Club - Exhibit A to Resolution 210-2005,
6/15/2005
Belle - Spoke with Susan concerning your inquiry as to whether the revised Quit Claim Deed would
need to go back before the Board in that it was a revision to Exhibit A to Resolution 210-2005
approved 6/15/2005. Susan advised that the revision merely corrected a scrivener's error to correctly
describe the property being conveyed and would not need to go back before the Board for approval.
It would just replace the old Exhibit A that contained the scrivener's error. Hope this helps and
hopefully, by the time you read this, you are feeling better' You are just too sweet a person to be
sick!!
KCltVl 1::1 V\Il. Peters.
PClrClLegClLl AdV\ll~VI-~s.trClt~ve UCl~S.OVl-
off~ce of tVle C.OUVl-t1::1 AttorVl-e1::1
(305)
10/1 0/2006
O.\(~~~~E
(305) 294-4641
r.-.--
BOARD OF COUNTY COMMISSIONERS
Mayor Dixie M. Spehar, DiSbict 1
Mayor Pro Tem "Sonny" McCoy, DiSbict 3
Murray Nelson, DiSbict 5
George Neugent, DiSbict 2
David P. Rice, DiSbict 4
lJf/ia of- ffle &urtv- <<Iuvuwj
502 WfriIJread SIIwt, ~
fl...t t!J1fia 91oa: 1026
:Koj W...t, !lR. 33041-1026
(305) 292-3470
June 28, 2005
Mr. Mark A1hadeff
Steams, Weaver, Miller, Weissler, A1hadeff
& Sitterson, P.A
150 West Flagler Street
Miami, FL 33130
Re: Marathon Yacht Club Bav Bottom
Dear Mr. AIhadeff:
Enclosed please find a certified copy of Resolution No. 210-2005 approved by the Board of County
Commissioners on June 15, 2005 along with the correlating original Quit Claim Deed for your recording.
Please do not hesitate to contact me should you have questions or concerns regarding this matter.
Sincerely,
..~
Suzanne Hutton
Assistant County Attorney
SHkmp
Enclosures: Resolution No. 210-2005 (Certified Copy)
Quit Claim Deed (Original)
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
~JJ<1
DATE:
June 20, 2005
TO:
Richard Collins
County Attorney
ATTN:
Kathy Peters
Executive Assistant
FROM'
Pamela G. Hanc~
Deputy Clerk V -
At the Ju'ne IS, 2005, Board of County Commissioner's meeting the Board adopted
Resolution No. 210-2005 authorizing a transfer of real property to the City of Marathon pursuant
to an lnterlocal Agreement.
Enclosed is a certified copy of the subject Resolution as well as the original Quit Claim
Deed for your recording. Should you have any questions please do not hesitate to contact this
office.
cc: Finance
File
R~C~/II~O
JUN :: 0 2005
MONROE
COUNTy
ATTORNey
County Attorney
Resolution No.
210 -2005
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, AUTHORIZING A TRANSFER OF REAL
PROPERTY TO THE CITY OF MARATHON PURSUANT TO AN
INTERLOCAL AGREEMENT.
WHEREAS, on May 16, 2001, the Board of County Commissioners for Monroe County
entered into a memorandum of understanding with the City of Marathon which included, in item
3.c, a transfer of the Marathon Yacht Club and the contiguous submerged land; and
WHEREAS, prior to the proposed transfer, questions arose regarding the County's title to
said bay bottom; and
WHEREAS, the deed from the State of Florida transferring the property to the County has
been located; and
WHEREAS, the City Council for the City of Marathon has requested via Resolution No.
2005-019, a copy of which is attached hereto as Exhibit B, that the transfer be completed; now
therefore
BE IT RESOL YED TIIAT TIIE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
I. Monroe County shall transfer to the City of Marathon that parcel of submerged land
described in Exhibit A., attached hereto and incorporated herein by reference.
2. The Mayor is authorized to execute a quitclaim deed transferring said property.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting of said board held on June 15 , 2005. ".~
-'-
~
Mayor Dixie M. Spehar
Mayor Pro Tern McCoy
Commissioner Nelson
'ssioner Neugent
if 'fJner Rice
~
Yes
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Yes
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Board of County Commissioners
ot"Moltroe County Florida
By ~; !lJ t ~<'~4I/
ayor/Chairpersofi
Deputy Clerk
Date
EXHIBIT A
"MARATHON YACHT CLUB BAY BOTTOM"
LEGAL DESCRIPTION
A parcel of submerged land being a portion of the "Greater Marathon
Chamber of Commerce Site" as more particularly described as follows:
All the riparian rights and submerged lands in Lot Three (3), Section
Ten (10), Township Sixty-six (66) South of Range Thirty-two (32) East
adjoining the Marathon Yacht Club Site as described in Exhibit A-I,
attached hereto and incorporated herein by reference, and extending
therefrom to the adjacent channels, as previously transferred from the
Florida East Coast Railway Company to the State of Florida in Monroe
County Deed Record G-6, pages 46 to 55, and thereafter conveyed to
Monroe County by warranty deed recorded in the Official records of
Monroe County in OR Book 15, pages 374 through 376.
. .... 0"0 n"
FILS 11 24-3826
BK'1707 PC'1817
-...
-"--......
LEGAL DESCRIPnON
MARATHON YACHT CLUB
A parcel of land being a POrtion of the -Greater Marathon Chamber of Commerce Slte* as
described In the attached legal descrlptlon, said parcel of land being more particularly
described as follows:
COMMENCE at the Intersection of the East line of saId Government lot 3 of SectIon 10,
TownshIp 66 South, Range' 32 East and the centerline of saId US HIghway No. 1 (State
Road No.5); thence 5 74 degrees 20 minutes W along said centerline of US Highway No.
1 for 2642.55 feet;. thence N 15 degrees 40 mInutes W for 50.00 feet to an Intersection
with the Northerly right-of-way line of said US Highway No.1; thence S 74 degrees 20
minutes W along said Northerly right-of-way line for 200.00 feet; thence N 15 degrees
40 minutes W for 440.00 feet; thence N 74 degrees 20 mInutes E for 84.00 feet to the
POINT OF BEGINNING of the hereinafter described parcel of land; thence S 74 degrees
20 minutes W along the last descrlbed line for 84.00 feet; thence N 15 degrees 40
mInutes W for 111 feet more or less to the mean high water line along the Northeasterly
shore of the exIsting yacht basin; thence meander northwesterly along said mean high
water line and along the southwesterly face of the existIng concrete dock for 300 feet
more or less to the Northerly terminus of said concrete dock; thence N 74 degrees 20
minutes E for 84 feet more or less to an Intersection wIth a line bearing N 15 degrees 40
minutes W from the POINT OF BEGINNING; thence S 15 degrees 40 minutes E along
said line for 411 feet more or less to the POINT OF BEGINNING.
HONROI COUNTY
OFFICIAL RICORDB
EXHIBIT A-I
Sponsored by: Pulo
CITY OF MARATHON, FLORIDA
RESOLUI10N 21105-819
A RESOLUI10N OF THE CITY COUNCIL OF THE CITY OF
MARATHON, FLORIDA, AUTHORIZING THE CITY MANAGER AND
THE CITY ATTORNEY TO TAKE THE NECESSARY STEPS TO
COMPLETE THE TRANSFER OF THE BAY BOTTOM ADJACENT TO
THE MARATHON YACHT CLUB TO THE CITY
WHEREAS, the City of Marathon, Florida (the "City") and Monroe County (the
"Countyj have entered into an interlocal agreement to transfer title of the Marathon Yacht Club
(the "Club'') to the City; and
WHEREAS, the County transferred the Club land, however the bay bottom adjacent to
the Club was unintc:ntionaIly omitted; and
WHEREAS, the City now wishes to complete the transaction.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MARATHQN, FLORIDA, THAT:
Section 1. The above recitals are true and correct and incorporated herein.
Section -2. The City Manager and the City Attorney are authorized to take all steps
necessary to accept the transfer of title to the bay bottom adjacent to the Marathon Yacht.Club.
Section 3. This resolution shall take effect immediatdy upon its adoption.
PASSED AND APPROVED by the City Council of the City of Marathon, Florida, this
22Dd day of February, 2005.
AYES:
NOES:
ABSENT:
ABSTAIN:
Bartus, Bull, Mearns, Miller, Pinkus
None
None
None
EXHIBIT B
r
,
. (City Seal)
APPROVED AS TO FORM AND LEGAUTY FOR THE USE
AND RELiANCE OF THE CITY OF MARATHON, FLORIDA ONLY:
'A~
City ttomey
G:\W-MCAI37388 - MlU1IlbonlResolutio""\2005\ResoIution 020 County Bay Bottom Lease _ Marathon Yacht
Club.doc
2
STATE OF FLORlDA) "
COUNTY OF MONRO '", '.
'.
ThJ, Copy 10 a Trua Copy of . <..
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Zod-,
nu. day 0
A.D., 20 0',)
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Thi.S inStn;'nent prepared by.
- 0, -Wlder the.direction of,
Suzanne A Hutton. ESQ_
FEN 336122
Office of COWlty Attorney
P.O.Box 1026
Key West. Fl. 33041-1026
QUITCLAIM DEED
TIDS INDENTURE, Made this 15 th day of June. 2005, by and between MONROE COUNlY,
Party of the First Part, by and through the Board of County Commissioners of Monroe County, Florida, whose
address is 500 Whitehead Street, Key West, Florida 33040, to the CIlY ofMARAlliON, Party of the Second Part,
an municipal COrporation of the State of Florida.
WITNESSETH
WHEREAS, on 5/ 16/2001 the parties entered into an interlocal agreement providing in part that the Party of
the First Part would transfer to the Party of the Second Part the bay bottom adjacent to the Marathon Yachl Club;
WHEREAS, Party of the Second Part bas fOnnaJly requested that the transfer be Processed; and
WHEREAS, Party of the First Part has determined that it does not require the area requested for any public
purpose;
NOW, rnEREFORE, TInS INDENTURE WITNESSETH: That the Party of the First Part, in
consideration of promises contained in the above-reference interlocal agreement, does hereby remise, release and
quitclaim unto the Party of the Second Part, and assigns, forever, all the right, title and interest of the Party of the
First Part to the property herein described all that certain land situate in _Monroe County, Florida, to wit:
See Legal Description in Exhibit A, attached hereto and incorporated herein by reference
TO HAVE AND TO HOLD, the said premises and the appurtenances thereof unto the Party of the Second
S WHEREOF, the Party of the First Part has caused these presents to be signed in its name by
Commissioners acting by the Mayor of said Board, the day and year first above written.
BOARD OF COUNlY COMMISSIONERS
OF MONROE COUNlY, FLORIDA
By: ~;, 7/J t ULI/
yor DIXIE M.'SPEHAR
EXHIBIT A
"MARA THON YACHT CLUB BAY BOTTOM"
LEGAL DESCRIPTION
A parcel of submerged land being a portion of the "Greater Marathon
Chamber of Commerce Site" as more particularly described as follows:
AU the riparian rights and submerged lands in Lot Three (3), Section
Ten (10), Township Sixty-six (66) South of Range Thirty-two (32) East
adjoining the Marathon Yacht Club Site as described in Exhibit A-I,
attached hereto and incorporated herein by reference, and extending
therefrom to the adjacent channels, as previously transferred from the
Florida East Coast Railway Company to the State of Florida in Monroe
County Deed Record G-6, pages 46 to 55, and thereafter conveyed to
Monroe County by warranty deed recorded in the Official records of
Monroe County in OR Book 15, pages 374 through 376.
FrLR .1243826
BK.1707 PG.1817
--
-=-
LEGAL DESCRIPnON
MARATHON YACHT CLUB
A parcel of land being a POrtion of the "Greater Marathon Chamber of Commerce SlteN as
described In the attached legal desCription, said parcel of land being more particularly
described as Follows:
COMMENCE at the Intersectl.on of the East line of said Government lot 3 of Section 10,
Township 66 South, Range' 32 East and the centerlIne of saId US HIghway No. 1 (State
Road No. 5); thence S 74 degrees 20 mInutes W along saId centerlIne of US HIghway No.
1 For 2642.55 Feet;. thence N 15 degrees 40 mInutes W For 50.00 Feet to an IntersectIon
wIth the Northerly right-oF-way line of saId US HIghway NO.1; thence S 74 degrees 20
minutes W along said Northerly right-oF-way line For 200.00 Feet; thence N 15 degrees
40 minutes WFor 440.00 Feet; thence N 74 degrees 20 mInutes E For 84.00 feet to the
POINT OF BEGINNING of the hereinafter described parcel of land; thences 74 degrees
20 minutes W along the last described line for 84.00 feet; thence N 15 degrees 40
minutes W for 111 feet more or less to the mean high water line along the Northeasterly
shore of the existIng yacht basin; thence meander northwesterly along said mean high
water line and along the southwesterly Face of the existing concrete dock For 300 feet
more or less to the Northerly terminus of said concrete dock; thence N 74 degrees 20
minutes E For 84 Feet more or less to an intersection with a line bearlrig N 15 degrees 40
minutes W From the POINT OF BEGINNING; thence S 15 degrees 40 minutes E along
said line For 411 Feet more or less to the POINT OF BEGINNING.
l(ONROR COUNTY
OFFICIAL RRCORDS
EXHIBIT A-I