Corrective Deed 04/18/2012 Doe 1887776 06/18/2012 2:01PM
Filed & Recorded in Official Records of
MONROE COUNTY DANNY L. KOLHAGE
Sponsored by:
CITY OF MARATHON, FLORIDA
RESOLUTION 2012 -53
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MARATHON, FLORIDA APPROVING, ACCEPTING, AND AUTHORIZING
THE RECORDING IN THE PUBLIC RECORDS OF A CORRECTIVE
QUITCLAIM DEED FROM THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS TRANSFERRING THE FILLED AND /OR SUBMERGED
LAND ADJACENT TO COCO PLUM BEACH /PARK INADVERTENTLY
LEFT OUT OF THE LEGAL DESCRIPTION WHEN LOTS 23 THROUGH
32, BLOCK 21, WERE TRANSFERRED TO THE CITY OF MARATHON IN
2001, AND CORRECTING THE 1300K AND PAGE NUMBER OF THE
DEED RESTRICTION BY THE STATE OF FLORIDA; AND PROVIDING
FOR AN EFFECTIVE DATE
WHEREAS, On September 29, 1998, the Board of County Commissioners (BOCC)
purchased lots 23 through 32 of Coco Plum Beach from Jennifer Naga; and
WHEREAS, when said lots were transferred to the City of Marathon (I3K#1731IPG#1841),
the filled and /or submerged land adjacent to Coco Plum Beach Park was not included; and
WHEREAS, both County and City staff have verified that the submerged land was also
acquired with PCT money, so when the County transferred the platted lots to the City of Marathon,
the County should have also transferred the related filled and /or submerged lands; and
WHEREAS, the actions of the BOCC to record a Corrective Quitclaim Deed will complete
the intended transfer of the related filled and /or submerged lands to the City of Marathon and correct
the book and page number that constitutes the deed restrictions from the State of Florida which
provided the grant money to purchase the property; and
WI-IEREAS, the BOCC approved the Corrective Quitclaim Iced on April 18, 2012,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MARATHON, FLORIDA, THAT:
Section 1. The above recitals are true and correct and incorporated herein.
Section 2. The City Council approves, accepts, and authorizes the recording in the public
records of a corrective quitclaim deed from the Monroe County Board of County Commissioners
transferring the filled and /or submerged land adjacent to Coco Plum Beach /Park attached hereto as
Exhibit "A." Doc 1887776
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Section 3. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
MARATHON, FLORIDA, THIS 22" DAY OF MAY, 2012.
THE CITY OF MARATHON, FLORIDA
Pete Worthington, Y yor
AYES: Cinque, Keating, Ramsay, Snead, Worthington
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
Diane Clavier, City Clerk
(City Seal)
APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE
AND RELIANCE OF : HE CITY OF MARATHON, FLORIDA ONLY:
City Attorn; •
f
Exhibit "A"
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This Instrument Prepared by and Return to:
Susan M. Grlmsley, Esq.
Monroe County Attorney's Office
1111 12`" Street, Suite 408
Key West FL 33040
Parcel Account Numbers: 00366320, 00366330, 00366340, 00366350, 00366360, 00366370 ,00366380,00366390,00366400,
00366410
CORRECTIVE QUITCLAIM DEED
This Corrective Quitclaim Deed, made this l + da y of r - 1 ' 1 , 2012,
between the Board of County Commissioners of Monroe County, a political subdivision of the State of
Florida, party of the first part, to the City of Marathon, a municipality incorporated in the State of
Florida, whose address is PO Box 500430, Marathon FL 33050 -0430, party of the second part:
WITNESSETH: that the party of the first part, for and in consideration of the assumption of jurisdiction
and responsibility over the property conveyed herein does hereby remise, release and quitclaim unto
the party of the second part forever, all the right, title, interest, claim and demand which the said party
of the first part has in and to the following-described real property lying and being in Monroe County,
Florida, to -wit:
Lots 23, 24, 25, 26, 27, 28, 29, 30, 31, 32 in Block 21, of COCO PLUM BEACH as recorded in Plat Book 4,
Page 166 of the Public Records of Monroe County, Florida currently lying in the new municipality of the
City of Marathon,
AND ALSO
A parcel of land lying waterward of adjacent and abutting Lots 23 through 32, inclusive, Block 21 of
COCO PLUM BEACH, according to the plat thereof as recorded in Plat Book 4 at Page 166 of the Public
Records of Monroe County, Florida, being more particularly described as follows:
BEGIN at the intersection of the dividing line between Lots 22 and 23, Block 21, with the shoreline of the
Atlantic Ocean as shown on the aforementioned Plat; thence run N 64 degrees 15 minutes 00 seconds E
along the Southeasterly lines of said Lots 23 through 32 for a distance of 1000.07 feet, more or less to
the Southeast corner of said lot 32; thence run S 25 degrees 45 minutes 00 seconds E along the
prolongation of the dividing line between Lots 32 and 33 for a distance of 66.25 feet, more or less to the
Mean High Water Line of the Atlantic Ocean; thence run along the Mean High Water line the following
courses and distances: 1) S 60 degrees 02 minutes 56 seconds W, 154.31 feet, more or less; 2) 5 66
degrees 05 minutes 49 seconds W, 121.29 feet, more or less; 3) S 63 degrees 23 minutes 51 seconds W,
175.27 feet, more or less; 4) S 60 degrees 11 minutes 25 seconds W, 47.27 feet, more or less; 5) S 59
degrees 35 minutes 54 seconds W, 67.30 feet, more or less; 6) S 63 degrees 11 minutes 22 seconds W,
142.66 feet, more or less; 7) S 62 degrees 00 minutes 20 seconds W, 144.61 feet, more or less; 8) S 63
degrees 10 minutes 17 seconds W, 144.32 feet, more or less to an intersection with the Southeasterly
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prolongation of said dividing line between tots 22 and 23; thence run N 28 degrees 10 minutes 08
seconds W for a distance of 96.16 feet, more or less to the Point of Beginning.
Containing 81,826 Square Feet, (1.8785 Acres) more or less.
AND, ALSO
All land including submerged and bay bottom lands lying Southerly and oceanward from Lots 23 through
32, inclusive, all in Block 21, COCO PWM BEACH SUBDIVISION, according to the Plat thereof recorded in
Plat Book 4, Page 166, Public Records of Monroe County, Florida.
This Corrective Quitclaim Deed transferring title from Monroe County to the City of Marathon shall
reference the recorded Grant Contract using the following language:
By acceptance of this deed, the party of the second part herein hereby agrees that the use of the Property
described herein shall be subject to the covenants and restrictions as set forth In that certain Grant Contract
attached to the deed to Monroe County as recorded in Official Record Book 1306, Page 417, Public Records of
Monroe County, Florida, as amended. These covenants and restrictions shall run with the Property herein
described. If any of the covenants and restrictions of the Grant Contract are violated by the grantee or by some
third party with the knowledge of the grantee, fee simple title to the Property described herein shall be conveyed
to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida In accordance with the
Grant Contract without further notice to grantee, its successors and assigns, and grantee, its successors and
assigns shall forfeit all right, title and interest in and to the Property described herein.
This Deed is given to correct the legal description in the Quitclaim Deed between the parties dated
September 19, 2001, recorded October 15, 2001 in Official Record Book 1731, at Page 1841, Public
Records of Monroe County, Florida in which the legal description of the submerged lands was
omitted.
TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto
belonging or in anywise pertaining, and all the estate, right, title, interest, lien, equity and claim
whatsoever of the party of the first part, either in law or In equity, to the proper use, benefit and behoof
of the party of the second part, forever.
IN WITNESS WHEREOF the said party of the first part has caused these presents to be executed
in its name by its Board of County Commissioners acting as the Mayor of said Board, the day and year
aforesaid.
BOARD OF COUNTY COMMISSIONERS
ATTEST: DANNY L. KQEHAGE, Clerk OF MONROE COUNTY, FLO A
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Deputy Clerk Mayor /Chairma
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ASSISTAN COUNTY ATTORNE2
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