Resolution 448-2009
RESOLUTION NO. 448-2009
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,
FLORIDA, RELEASING THE COVENANT,
CONDITION AND RESTRICTION ON PROPERTY
RUNNING IN FAVOR OF THE COUNTY
ENCUMBERING A PORTION OF MARATHON CITY
PARK; AUTHORIZING THE MAYOR TO EXECUTE
ANY DOCUMENTS NECESSARY TO RELEASE THE
COVENANT, CONDITION, AND RESTRICTION; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Marathon ("City") is the fee simple title owner to certain
real property (the "Property") consisting of Parcels '~A" and '~B" in the Clanchette
Commercial Subdivision, within the City of Marathon, Monroe County, Florida,
constitutin~~ a portion of Marathon Community Park, more particularly described in the
Legal Description attached hereto as Exhibit "A"; and
WHEREAS, on November 17,2004, the City recorded an instrument entitled
"Declaration of Covenants, Conditions, and Restrictions" ("Declaration") in the Official
Records of Monroe County as Document 1479483, at Book 2059, Page 1361-1364, a true
and correct copy of which is attached hereto as Exhibit "B", in return for and in order to
fulfill the terms of a grant from the Monroe County Board of County Commissioners in
the amount of $120,000.00 from local option tourist development taxes for the
constructioIl of an aquatic center and park on the Property;
WHlEREAS, the Declaration stated that the Property could only be used for an
aquatic center and park; however
WHE:REAS, in November 2006, the City declined and never accepted the funds;
and
WH]~REAS, the City now wishes to remove the restriction so that the City can
develop the Property for other uses; and
WHI~REAS, the City requires the written approval of the County in order to
release the covenant, condition, and restriction.
NOVV THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA AS FOLLOWS:
Section 1: The above recitals are true and correct and incorporated herein.
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Section 2: The County approves the Release of Covenants, Conditions and
Restrictions attached hereto and incorporated herein as Exhibit ~~C''', and authorizes the
Mayor to execute the Release and record it in the Public Records of Monroe County.
Section 3:
This Resolution shall take effect imtnediately upon its adoption.
PASSED A.ND ADOPTED by the Board of County Commissioners of Monroe County"
Florida, at a meeting of the Board held on the 18 day of November 2009.
Mayor Sylvia Murphy --2es
Mayor Pro Tern Heather Carruthers Yes
Commissioner Geroge Neugent --2es
Commissioner Kim Wigington Yes
Commissioner Mario Di Gennaro Yes
BOARD OF COUNTY
COMMISSIONERS OF MONROE
COUNTY, FLORIDA
jJ.,r." L. 'oJ0L4' ~
By:
Mayor/Chairman
(Seal)
Attest: DA~NNY L. KOLHAGE, CLERK
By: -1b.J~C ~
Deputy Clerk
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STATE OF FLORIDA
COUNTY OF MONROE
MONROE COUNTY ATTORNEY
ARP.ROYEO AS TP ,FBBM:
l'11l'tlLlA- 1-. fh:L
: C\{f\JTHl^ L. HALL
ASStSTAt'-JT COUNTY ATTORNEY
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, r . \. .J..band and OffICIal Seal.
'.'~y ~
!~ .>,:~.,j/ 'This day of ·
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,.-.".-,.. - DANNY L. KOL!li\GE
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Exhib i1 "c"
This instrumlent prepared by:
After recording please return to:
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Cynthia L. Hall, Esq.
Monroe County Attorney's Office
1111 12th St.~ Suite 408
Monroe County, FL 33042
l'el. (305) 292-3470
Ms. Zully Helueyer
Utilities Manager
City of Marathon
9805 Overseas Highway
Marathon, Florida 33050
Phone: (305) 289-5009
REIJEASE OF COVENANTS, CONDITIONS, AND RESTRICTIONS
THIS RELEASE OF COVENAN:r~~ CONDITIONS AND RESTRICTIONS
(-'Release'~) is made and entered into this 18 - day of November, 2009, by and between
Monroe County, a political subdivision of the State of Florida (""County"') with a principal
address of 1100 Simonton St., Key West, FL 33040, and the City of Marathon, a
municipal corporation with a principal mailing address of 10045-55 Overseas Highway,
Marathon, I;L -'(City~~).
RECIT ALS:
1. The City is the fee simple title owner to certain real property (the
~ioproperty~') located in the City of Marathon., Monroe County, Florida, more particularly
described as:
-- SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT ~'A~' --
2. On November 17, 2004, the City recorded an instrument entitled
".Declaratio:n of Covenants~ Conditions, and Restrictions'l~ ("'Declaration'''). The
Declaration was filed and recorded in the Official Records of Monroe County as
Document 1479483, at Book 2059, Page 1361-1364. A true and correct copy of the
Declaration is attached hereto as Exhibit ."B~".
3. In or about 2004, the Monroe County Board of County Commissioners
approved a ,grant in the amount of $120,000.00 from local option tourist development
taxes, for the construction of an aquatic center and park on the Property. The City
recorded said Declaration in order to melTIorialize the terms of the contract between the
City and Cc,unty granting said funds, which agreement provided in pertinent part: .~Real
property aC(luired or improved through funding under this Agreement shall remain
dedicated fc~r the purposes set forth herein or for other purposes which prOlnote tourism
and ownership of said property shall be retained by the Grantee.".
4. However, in November 2006, the City notified the County that funds for
the construction of the aquatic facility were no longer available within the City~s budget,
and the Citjr declined acceptance of the funds.
5. In paragraph I of the Declaration, the City covenanted that the Property
would be used solely as an aquatic center and park. The City now wishes to develop the
Property into something other than an aquatic center and park. Given that the City
declined acceptance of the funds~ the release of the restriction on development set forth in
the Declaration is appropriate.
6. Paragraph 4 of the Declaration requires any amendment to the Declaration
to be in writing and signed both by the City and the County.
7. It is now the intention of the parties hereto to release the City from the
covenants, conditions, and restrictions set forth in the Declaration.
8. The City shall, at its sole cost and expense, record this Release in the
Official Re(:ords of Monroe County, Florida.
IN V\IlTNESS WHEREOF, the parties have caused these presents to be executed
on the day alnd year first above written, and effective as of that date, the aforementioned
Declaration is cancelled, withdrawn, and no longer in effect for the Property.
Signed, sealed and delivered in the presence of:
CITY OF MARATHON
A TTES"f: DIANE CLAVIER.. CLERK
~~~1 tJaui(
-O",puIY Clerk
~
(Se-al)
ATTEST: DA1~NY L. KOLHAGE~ CLERK
MONROE COUNTY BOARD OF
COUN COMMISSI9 RS:
~~~~
Deputy Clerk
(Seal)
MONRC)E COUNTY ATTORNEY
~PPF~OVED A.a2B;FORM:
l. '::t!::.'!-t.<-L/ I ,
---7 C~l'NTHIA L. HALL
A.SSISTJ"NT C9U!'JTY ATTORNEY
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EXHIBIT A /
LEGAL DESCRIPTION
All of Parcel "A" and Parcel "B", "CLANCHETTE COMMERCIAL SUBDIVISION", as
recorded in Plat Book 7, Page 56, in a part of Government Lot 3, Section 10, Township 66
South, Range 32 East, V ACA KEY, Monroe County, Florida, Public Records~
LESS Parcel "C." A tract of land in a part of Government Lot 3, Section 10, Township 66
South, Rang,e 32 East, on KEY V ACA, Monroe County, Florida, said tract of land being more
particularly described by metes and bounds as follows:
Commencing at the intersection of the East line of said Government Lot 3, and the Southerly
right-of-way' line of U.S. Highway No.1, said intersection being the Northeasterly comer of the
tract of land described in the Official Records Book 1186, Page 1623, of Monroe County, Florida,
Public Records, thence bear South, along said Easterly line for a distance of 151.70 feet to the
point of beginning of the tract of land herein intended to be described~ from said point of
beginning continue bearing South, along said Easterly line for a distance of 168.27 feet, to the
Northerly lille of those lands as described in Official Records Book 1084, Page 0866, thence bear
South 74 de:grees, 20 minutes, 00 seconds west along said Northerly line, parallel with the said
Southerly right-of-way line of U.S. Highway No.1, for a distance of315.90 feet to the Westerly
line of the tract of land described in Official Records Book 1186, Page 1623; thence bear North
02 degrees, 30 minutes, 44 seconds west, along said Westerly line, for a distance of 166.38 feet;
thence bear North 74 degrees, 20 minutes, 00 seconds East, on a line parallel with the said
Southerly right-of-way line of U.S. Highway No.1, for a distance of 323.47 feet, back to the
point of beginning.
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EXHIBIT B ./
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Doc~ 141~ 11/17/2004 2:28PM
~il.d L Recorded i~ Official Reeor~ of
~oe COUNTY DANNY L. KOUIAGE
Tbis i!flStTument prepared by:
JotUl f.t. }le~ Jr.. Esq.
Steams WeJlver Miller
Weli$Slet" .AUwdeff & Sit1er~n, P.A.
I SO v.' est Flagler So-eet
Suit(., 2200
MianlJi1 Florida 33130
Tclephone~ (305) 789-3427
Doetl 1479483
SkI 20S9 PgU 1361
After r0tording return to:
City of Marathon
I 0045..55 ()v~rseas Highway
Marathon, FL 33050
!)ECLARATION OF COVEN'~T~ COND]TI0NS~ AND RESTRI(':TIONS
TillS o ECLi\R-t\ TION OF (~OVENANTSl COND)TIONS~ AND'
RES1"'RlCTIONS ("Dtx laration") is nlade and entered into this -L day of AJ b U ..
~ 2004, by the (~ity of Marathon, whose princ.ipal mailing address is 10045..
55 Overseas Highway, Marathon~ Florida ("Declaranff).
R Eel TAL s:
J. Declarant is the fee siluple title O\\ller to certain reaJ property (the
"Property") located in (~ity of Marathon~ Monroe County~ Florida., which is more
particularly described as:
SEE LEGAl. DESCRlPTTON ATTACHED AS EXHlBlT
t' A'f
2. Declarant has applied to the Tourist Development Council (the 'lDC''') for
funding to construct an aquatic center and accessory uses on tIle Property (the '~Grantti).
3. -'[he Board of County COlnn1issioners for Monroe County (the aCounly")
and 1DC have detemlined that it is in the best tote-rest of the l~ounty, for purposes of
promoting tourisrn and preserving the heritage of the comnllUllty. to improve the Property
for use us an aquatic center open to the public.
4. In connection with the Grd11l, Declarant desires to subject the Property to the
restrictions, covenants, and conditions hereinafter set forth, each and all of which is and are
for th~~ benefit of the Property.
NOW, THEREFORE't the Declarant declares that the Property shall be held and
conveyed subject to the following teStrictions~ covenants and conditions, which are for the
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Doca 1419483 ,.
ek~ 2059 P9~ 1~2
purpose of protecting the value and desirabHity of the Property, and which shall run with the
Property and be binding on all parties having any right. title or lnterest in the. Property or any
part thereof" their heirs, successors and assigns.
l. R~triction. Declarant hereby covenants, agrees and ce.rtifies, in so far as
the rights, powcrs~ inlerests and authority of the DeclarMt is concerned,
tl\at the Propeny shaJ) used so lei y as an aquatic center and park open to
the general public with corresponding accessory uses. The construclion
of, or the use of (he Property for any other use or purpose is prohibited.
2. County. T11is Declaration is intended to benefit and run in favor to the
County.
3. lu:m. The restrichons~ covenants and condilions of this Declar'J.tion ,()haH
run with and bind the land for a tenn of thirty (30) years lron1 the date this
Declaration is recorded, and after which time Lhey shaH be autolnaticaHy
extended for successive periods often (10) years.
4. Anlendments. AU ~nnendments hereto shall be in writing and nlusl be
signed by both (he Declarant and the (~ounly. or tllelt respecLive successors
or assigns. An anlendnlcnts herelo shaH be recorded in the Public Record.<;
of Monroe ("()unty~ Florida, and shall not he valid W11il recorded.
5. Para2rauh Headin2S. Parng,r&1ph headings, where used hcrein<t are inserted
for convenience only and are not intended to be a part of th.is Declaration or
in any way defined limited or describe the scope and intent of the particular
paragraph to \vhich they reter,
6. Effective Date. This Declaration will bcconle effective upon the recordation
of lhis Declaration in the Public Records of Monroe (~OWlly, Florida.
7. Go\'crom1? Law. l11is Declaration and the enforcement of the rightc; and
obligations established herehy shaH be subject to and govenled by the laws
of the State of Flonda
8. Recordation, Declaranl shall, at il.:; sole cost and expenses, record this
Declaration in the Public Records of Monroc County, Florida within five (5)
days of approval of the same hy t.he C'OU!lly. Declarant shall provide the
County with proof of the recording of the "Declaration in accordmce with the
provisions ofthi5 p~ragraph.
{TIlE REM.-\.INDER OF THIS Pi\GF: INTENTIONAl..l,Y LEFT BLANK)
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Doett 1479483 A
Bkta 2059 Pgtt ~3
IN \\1TNESS \\,'HERf.~OF, Declarant has caused these presenls to be executed on
the day and year first above wrillcnr
Sign~~, sealed and delivered
in th(: presence 0 f:
DECIJARAN1'
~~~~ .. -
PrirlLoo Narne:J.Q\(..l~ CJ(~V~L'
~fA,(4~'L #!UYU~ By:
Printed Name: · 0:.,6 #.. t c,t.tl/t:> Prim
STA'TE OF FLORJD.A )
) ~s:
COUNl-Y OF MONROE )
The foregoing inst~ument was acknowledged before lue this --Z-.-. day of ~,
-2!2a':-!..-.-, hYt rYJl'/'U'~ L Jf ({, 10 It tk:/y'...AJ'Y f?",,~:)~ \J./ho personaUy appeared
hefore n1e, and i~L~.l:U'ersona1l}LknQi'ln..to.llliU>r have produced _
as identification and acknowledged executing the toregoing docunlcnt
Lh.t:.:J )lA:rt 1..U;(/)
N01ARY P1JBLlC S'fATE OF.__._.__
Print Nalne:
C:onnnlssion No.:
Comnlission Expires:
~~ Susan 1MmM
· ~ j ~ ~ 002t250I
l:..~ ~ FMNatyOl. 200C
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DocU.79483
BkU ~9 Pga 1364
E~m'T A
LEGAL DESClUPTIQN
All ol Parcel ~'Au and Parcel uB/' .tCIANCHETTE COMMERCIAL SUBDlVISION,t} as
recordEd in Plat Book 7, Page 56, in 8 part of Government Lot 3) Section 10. Township 66
SOU~ 'Range 32 East) V ACA KEY, Monroe County. Florida, Public Records;
LESS l?arcel ue.n. A tract of land in a part of Government Lot 3, Section lOt Township 66
South~ Range 32 East~ on KEY V ACA, Monroe County, Florida. said ttac1 of Jand being more
particuJarly described by metes and bounds as follows:
Commencing at tho intersection of the East line of said GovcnUllent Lot 3; and the Southerly
right-of~way line of U..S. flighway No.1. said intersection being the Northeasterly co~er of the
tract of land described in Official Records Book] 186r Page 1623* of Monroe County. Florid~
Public ]Records~ thence bear Sou~ along said E88terly line for a distance of 151.70 feet to the
point of beginning of the tract of land herein intended to be described; from said point of
baginniJlg continue bearing South, alODg $aid Easterly line for a distance of ] 68.27 feet, to the
Northerly line of those lands as described in Official Records Book 1084) Page 0866t then~ bear
South 74 degrees, 20 minutes, 00 seconds west along said Northerly line, parallel with the said
Southcrjly rightowOf-way line of u~s. Highway No.1. for a distance of 315.90 feet to the Westerly
line of the tmet of land described in Official Recon:ls Book 1186, Page 1623; then~ bear North
02 degn~, 30 minute~ 44 s~onds west, along said Westerly line. for a distance of 166.38 feet;
thenee bear North 74 degrees, 20 minuteSt 00 seconds East, on a Jine parallel with the said
Southerly rigbt..of-way line of U.S. Highway No.1, for a du.1.ance of 323.47 feet, back to the
point of beginning.
nONROE COUNTY
OFFICIAL RECORDS
MONROE COUNTY
OFFICIAL RECORDS
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