02/21/2018 Corrective QCD21587 :28 03/09/2018 8:55API
=Iled & Recorded in Official Records of
' 1'IO1I1IROH COUNTY KEVIN MADOK
RESOLUTION NO. 090 - 2018
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
RECOGNIZING THE PRIOR TRANSFER OF TITLE AND
OWNERSHIP OF LANDS QUITCLAIMED BY THE BOARD OF
COUNTY COMMISSIONERS TO THE BOARD OF PARKS AND
HISTORIC MEMORIALS ON JANUARY 16, 19.70, A BOARD WHICH
DID NOT EXIST IN 1970; AUTHORIZING EXECUTION OF THE
ATTACHED QUITCLAIM DEED TRANSFERRING. TITLE AND
OWNERSHIP OF THE LAND DESCRIBED IN "EXHIBIT A" TO THE
QUITCLAIM DEED TO THE BOARD OF TRUSTEES OF THE
INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF
FLORIDA TO REMOVE THE CLOUD ON THE TITLE, CORRECT THE
LEGAL DESCRIPTION, ADD PARCEL IDENTIFICATION AND
ALTERNATE KEY NUMBERS, AND PROVIDE FOR MANAGEMENT
OF THE LAND BY THE DIVISION OF RECREATION AND PARKS AS
PART OF BAHIA HONDA STATE PARK; PROVIDING FOR
RECORDING OF THE QUITCLAIM DEED IN OFFICIAL RECORDS
OF MONROE COUNTY, FLORIDA; AND PROVIDING AN
EFFECTIVE DATE.
N
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WHEREAS, on January 16, 1970, the Board of County Commissioners of Monroe
County, Florida, a political subdivision of the State of Florida, (hereinafter "BOCC "),
transferred title and ownership of the land described in Exhibit "A" to the
attached Quitclaim Deed to the Board of Parks and Historic Memorials; and
WHEREAS, the Board of Parks and Historic Memorials, however, did not exist in 1970
creating a cloud on the title; and
WHEREAS, the Bureau of Public Land Administration, hereinafter ( "Bureau ")
recommends the County transfer title and ownership of this land to The Board of Trustees of
the Internal Improvement Trust Fund.of the State of Florida to remove the cloud on the title
created in 1970 and provide for management of the land by the Department's Division of
Recreation and Parks as part of Bahia Honda State Park; and
WHEREAS, it has also been discovered that the reference to Government Lots 1 and 3
in the legal description should actually be Lots 1 and 4 and it is recommended that the legal
description therefore be corrected and that the parcel identification and alternate key numbers for
all affected parcels be added as part of the attached Quitclaim Deed; and
WHEREAS, legal counsel for the Bureau presented the attached Quitclaim Deed
to the County on January 2, 2018, for approval and execution by the Board of County
Commissioners of Monroe County, Florida, transferring title and ownership to The Board
of Trustees of the Internal Improvement Trust Fund of the State of Florida; and
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Doc-13 21587 :28
2101 21i195 Pgq 564
WHEREAS, the Bureau has advised these lands will be managed by the
Department's Division of Recreation and Parks upon recording of the executed Quitclaim
Deed; and
WHEREAS, the County desires to formally transfer title, ownership, use, and
management of these lands by the Division of Recreation and Parks as part of Bahia
Honda State Park; and
WHEREAS, Fla. Stat. S e c. 125.38 permits the County to dispose of real and/or
personal property at no cost to another governmental entity such as the Board of Trustees of
the Internal Improvement Trust Fund of the State of Florida, if the BOCC is satisfied that the
subject property is intended for public use and not needed for other specific County purposes
and best managed by another governmental entity;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. Recitals. The recitations set forth above are hereby incorporated by
reference herein.
Section 2. The Board acknowledges ownership of the subject land transferred by the County on
January 16, 1970, for the purpose of management by the State of Florida as a State
park, but was erroneously transferred to the Board of Parks and Historic Memorials,
a Board which did not exist in 1970.
Section 3. The Board finds the subject land best serves the citizens of Monroe County, Florida,
and the State of Florida as a public park managed by the Division of Recreation and
Parks, Board of Trustees Internal Improvement Trust Fund of the State of Florida as
part of the Bahia Honda State Park and is not needed for any County purposes.
Section 4. The Board desires to clear the title to the subject land to assure the best use and
management of the land for the citizens of Monroe County, Florida, and hereby
approves and authorizes execution of the attached Quitclaim Deed transferring
ownership of the land described in Exhibit "A" of the Quitclaim Deed to the Board of
Trustees Internal Improvement Trust Fund of the State of Florida to be managed by
their Division of Recreation and Parks as part of the Bahia Honda State Park, correct
the legal description, and add the parcel identification and alternate key numbers, as
recommended by the Bureau of Public Land Administration on January 2, 2018.
Section 5. Effective Date. The Board desires and acknowledges that, upon recording of the
executed Quitclaim Deed, the land described in Exhibit "A" of the Quitclaim Deed,
will be managed by the Division of Recreation and Parks, Board of Trustees Internal
Improvement Trust Fund of the State of Florida, as part of the Bahia Honda State
Park.
Page 2 of 6
1:143 -113 2158728
I:110a 2!-.'W 5 1 565
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 21st day of February, 2018, in Key West,
Florida.
Mayor David Rice
Yes
Mayor Pro Tern Sylvia Murphy
Yes
Commissioner Danny Kolhage
Yes
Commissioner George Neugent
Yes
Commissioner Heather Carruthers
Yes
(SEAL) _F ,
Attest .:Kevin Madok, Clerk
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor
MONROE COUNTY ATTORNEY'S OFFICE
P PJR0�c 0.: ED AS O ORM
PATRICIA EABLES
ASSISTANT COUNTY ATTORNEY
DATE 'Z - ,I - % 7
Q 0; civl G .
STA OF FLORIDA 0�
c COUNTY OF WlA1dRf�i� A o
Ut— This cop is a True Copy of a
r� Q a=te Original on Filo In this Offim
�0 My hand and Officlal Socl
u i z And that same Is In full forco on
LLJ M=
'his day of
u. FL- A.D., 20 ig
KEVIN MAOCK CPA
Clerk CI FUR fmaWt
Sy: _
rk
Page 3 of 6
� y
I:14) -iA 2158728
THIS INSTRUMENT PREPARED BY: I:1I04 2395 Pg# 566
Gary L. Ballard, Assistant Deputy General Counsel
Florida Department of Environmental Protection
3900 Commonwealth Boulevard, MS35
Tallahassee, FL 32399 -3000
RETURN RECORDED INSTRUMENT TO:
Monroe County Attorney's Office
Attention: Patricia Eables, Esq.
Assistant County Attorney
1111 12 Street
Suite 408
Key West, FL 33040
CORRECTIVE QUITCLAIM DEED
st '
THIS QUITCLAIM DEED made this q day of , 2018, between
MONROE COUNTY, a political subdivision of the State of Florida, whose Mailing address is 500
Whitehead Street, Key West, Florida 33040 (hereinafter "party of the first part ") and the BOARD OF
TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF
FLORIDA, whose mailing address is Department of Environmental Protection, 3900 Commonwealth
Boulevard, MS 108, Tallahassee, Florida 32399 -3000 (hereinafter "party of the second part ").
WITNESSETH: That the said party of the first part, for and in consideration of the sum of
Ten and no /100 Dollars ($10.00) and other valuable consideration to it in hand paid by the said party
of the second part, the receipt whereof is hereby acknowledged, has remised, released and
quitclaimed, and by these presents does remise, release and forever quitclaim unto the said party of the
second part, its successors and assigns forever, all the right, title, interest, claim and demand of the
said party of the first part in and to the following described land, situate and being in the County of
Monroe, State of Florida, to wit:
See Exhibit "A" attached hereto and made a part hereof.
The land described herein is deeded to party of the second part for use as a State public park,
and in the event same ceases to be used for such purpose, said lands shall revert to and become the
property of party of the first part herein.
TO HAVE AND TO HOLD the same, together with all and singular the hereditaments and
appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest,
claim and demand whatsoever of the said party of the first part, either in law or equity, to the only
proper use, benefit and behoof of the said party of the second part.
THIS IS A CORRECTIVE DEED, given to correct an error in the name of the grantee /party
of the second part, to add parcel identification numbers, and to correct an error in the description
contained in that certain Deed from Monroe County, State of Florida, as grantor, to the Board of Parks
and Historic Memorials, as grantee, dated January 16, 1970, and recorded in Official Record Book
445, pages 776/777, of the Public Records of Monroe County, Florida, which was recorded to correct
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Kliv::tl 5158728
Ic1101 21395 Pgo 567
errors contained in that certain Deed dated May 2, 1969, and recorded in Official Record Book 431,
pages 455/456, of the Public Records of Monroe County, Florida.
IN WITNESS WHEREOF, party of the first part has caused these presents to be executed in
sby;ts Board of County Commissioners acting by the Chair of said board, the day and year
By:
Deputy Clerk of the Circuit Court
Monroe County, Florida
MONROE COUNTY ATTORNEY'S OFFICE
AP AS FQRM �
PATRICIA EABLES
ASSISTANT COUNTY ATTORNEY
DATE: —2 - — 1 �
Page 5 of 6
BOARD OF COUNTY COMMISSIONERS
I
OF MONROE COUNTY, FLORIDA
;pry
,
�
� a
B
OFFICIAL SEAL)
David Rice, Mayor and Chair
�TTEST_Kevn Madok, Clerk
By:
Deputy Clerk of the Circuit Court
Monroe County, Florida
MONROE COUNTY ATTORNEY'S OFFICE
AP AS FQRM �
PATRICIA EABLES
ASSISTANT COUNTY ATTORNEY
DATE: —2 - — 1 �
Page 5 of 6
ti
:M58728
1:1k.14 2395 1 3 giS 568
Exhibit "A"
All of those lands described in Official Records Book 445, page 776 of the Public Records of
Monroe County, Florida, described as follows:
All of Section 26 and all of Section 35, Township 66 South, Range 30 East, on Bahia Honda Key,
Monroe County, Florida, EXCEPTING FROM SAME all rights -of -way for U.S. Highway No. 1.
ALSO EXCEPTING FROM THE ABOVE DESCRIPTION THE FOLLOWING DESCRIBED
LANDS:
A tract of land in a part of Government Lots 1 and 4, Section 26, Township 66 South, Range 30
East, on Bahia Honda Key, Monroe County, Florida, and being more particularly described by
metes and bounds as follows: Commencing at the intersection of the East line of Section 26 and
the shoreline of Hawk Channel, said intersection to be known as the Point of Beginning of the
tract of land hereinafter described, bear Westerly, along the shoreline of Hawk Channel, 100 feet,
more or less, to a point which is 100 feet, measured at right angles from the East line of Section
26; thence bear North and parallel with the East line of Section 26, 3300 feet, more or less, to a
point on the shoreline of the Bay of Florida; thence meander the shoreline of the Bay of Florida in
an Easterly direction to where said shoreline intersects the East line of Section 26; thence bear
South along the East line of Section 26, 2900 feet, more or less, back to the Point of Beginning;
excluding from said description the Right -of -Way of U.S. Highway No. 1.
Section 26, Township 66 South, Range 30 East:
RE 00105950- 000000 / AK 1124567 (Pt. Lot 1)
RE 00105960 - 000000 / AK 1124583 (Lot 2)
RE 00105970- 000000 / AK 1124591 (Lot 3)
RE 00105980- 000000 / AK 1124605 (Pt. Lot 4)
Section 35, Township 66 South, Range 30 East:
RE 00106100 - 000000 / AK 1124745 (Lot 1)
Page 6 of 6 -
1 COUNTY
I :il=1':ICJ[AL, REXORDS
Do -1 :41 2158729 03/09/2018 8:56AM
riled 8 Recorded in Official Records of
1 i ."OUNTY KEVIN MADOK
:!1!:87 ;29
I.1I4.14 2:395 1'9N 569
This instrument prepared by
and return to:
Adele V. Stones
Oropeza, Stones and Cardenas
221 Simonton Street
Key West, FL 33040
UNITY OF TITLE
WHEREAS, Monroe County Florida, a political subdivision of the State of Florida is the
Owner (the "Owner) of the Property described as:
Tracts 1 and 2, HIGHLAND SHORES, according to the map or plat thereof
recorded in Plat Book 3, Page 39 of the Public Records of Monroe County,
Florida, and holds title by Quit Claim Deed to Sovereign Land Parcels, Parcel
"A" and Parcel `B ", more particularly described in Exhibit "A" attached;
Parcel Identification Numbers: 00508210- 000000
00508200- 000000
The Owner recognizes and acknowledges that for purposes of public health, welfare,
safety or morals, the Property should be developed as a single real estate parcel or zoning lot to
provide for maximum benefit for the public and shall not hereafter be developed as separate
parcels or multiple parcels owned by different owners as long as the same is put to the
hereinafter use; and
In consideration of the right to develop the Property for public recreation and park
facilities and customary accessory uses associated therewith, and for other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, Owner hereby
agrees to restrict the use of the Property in the following manner:
That said Property shall be considered as one plot and parcel of land and that no portion
of said plot and parcel of land shall be sold, transferred, devised or assigned separately, except in
its entirety as one plot or parcel of land. The Owner agrees to file application with the Monroe
County Property Appraiser to consolidate the Parcels Nos. 00508210- 000000 and 00508200-
000000 under a single Parcel Identification Number following the recording of this Unity of Title
in the Public Records of Monroe County, Florida.
The Owner further agrees that this condition, restriction and limitation shall be deemed a
covenant running with the land and shall be recorded, at the Owner's expense, in the Public
Records of Monroe County, Florida and shall remain in full force and effect and be binding upon
the Owner, his /her /its heirs, successors and assigns and upon all mortgagees or lessees until such
time as the same may be released in writing by the County Administrator or his /her designee.
Further provided, however, that a release will be executed only when the premises are made to
1:11>1:43 2158729
IN(.11 2395 p90 570
conform to the applicable zoning regulations for the individual parcels, and there is no further
reason to maintain the Unity of Title on the public records.
IN WITNESS WHEREOF, the said party of the first part has caused these presents to
be executed in its name by the Board of C��nty Commi signers of Monroe County, Florida at a
regular meeting of said Board on the J) day of 2018.
l _ . ATTEST,.: 'KEVIN MADOK, CLERK
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By.
Mayor David Rice
Approv, d as to form and legal sufficiency.
I C-1—
County Attorney
Date:
Kjaral 2158729
I:�lc.11 2895 1 571
ExWbit "A Doct# 1967522
lgm De=ipaio"J 8kn 2669 Agq 1966
Sovereign Lands Parcel:
A PARCEL OF SOVEREIGN LAND LYING WESTERLY OF AND ADJACENT TO TRACT 1,
FUCIM.AND SHORES ON KEY LARGO, ACCORDING TO TBE PLAT THEREOF, RECORDED IN
PLAT BOOK 3, AT PAGE 39 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA.
SAID PARCEL BITING ,4IORE PARTICULARLY DESCRIBED AS FOLLOWS:
CONo'3ENCING AT THE INTER5ECTI0N OF THE NORTBEASTERLY RIGHT-OF-WAY OF
STATE ROAD NUMBER 5, U.S. HIGHWAY NO. 1, AND THE NOEL'TMMLY PROPERTY LINE OF
TRACT I ACCORDING TO SAID PLAT, RUN S89 773.50 FEET MORE OR LESS TO A
POINT ON THE ORIGINAL SHORELINE OF BLACKWATER SOUND, SAID POINT BEING THE
POINT OF BEGINNWG OF THE DESCRIPTION OF PARCEL A. FROM SAID POINT OF
BEGINNING, RUN N72 9.95 FEET ALONG THE SOU'lliERLY BOUNDARY OF THE
TRUSTEES OF THE IN TERNAL IMPROVEMENT FUND DEED NUMBER 22,017. THENCE
FOLLOW TIDE BOUNDARY OF SAID PARCEL A FOR THE FOLLOWING TWENTY -SEVEN (27)
COURSES:
Lm BEARING LZNG Lmm I N LEN�*T�
Ll S36 6.5T L15 S21 44.38'
L2 N89°20'05 'W 22.43' L16 S23 40.93'
L3 S89 1 W 22-50' L17 S20 0 14'24 "W 30.32'
TA N88 °34'06 "W 18.95' LIS 568°26'51"E 1254'
LS S73 °11'30'7✓ 933 L19 N27 0 28'42 '7, 29.75'
L6 SW35'30 'W 14.12' L20 N25 'E 27.93'
L7 N87 12.08' L21 N21 28.28'
L8 S65 1'57"W 31-8?' L22 N20°51'41 — r- 37.50'
L9 S57 10.71' L23 N24PIT59'7r 44.80'
L10 S83 0 49'08 "W 10.38' L24 N58 E 11.60'
L11 S29 720' L25 N31 0 59'59'7✓ 16.09'
L12 S25 0 31'37'7✓ 11.07' L26 S5r47'25"E 39.79'
L13 S16 2533' L27 S59°40'35"E 22.86'
L14 S23°38' 17"W 26.10'
THENCE CONTINUE N28°08'5TS ALONG THE ORIGINAL SHORELINE FOR 8459 FEET TO
THE SAID POINT OF BEG1NN - ING OF THE EEREIN DESCRIBED PARCEL A.
PARCEL "B
A PARCEL OF SOVEREIGN LAND LYING WESTERLY OF AND ADJACENT TO TRACT Z.
HIGHLAND SHORES ON KEY LARGO. ACCORDING TO THE PLAT TTEIREOF, RECORDED IN
PLAT BOOK 3, AT PAGE 39 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA.
SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
CO. D;jENCING .AT THE INTERSECTION 'OF THE NORTHEASTERLY RIGHT -OF -WAY OF
STATE ROAD NUMBER 5. U.S. 19Gi1WAY NO. 1, AND THE SOU IHERLY PROPERTY LINE OF
TRACT 2 ACCORDING TO SAID PLAT, RUN S89 °13'53 "W, 617.10 FEET MORE OR LESS TO A
POINT ON THE ORIGINAL SHORELINE OF BLACKWATER SOUND, SAID POINT BEING THE
POINT OF BEGINNING OF THE DESCRIPTION OF PARCEL. A. FROM SAID POINT OF
f v
� F
I:�ac:m :2158729
1:114.1:1 2395 Ag# 572
BEGINNING, PROCEED X67 °33'25 "W, 9.95 FEET ALONG A RIPARIAN LINE 46.11 FFM TO A
POlN'T ON THE EaSMU SHORELINE OF BLACPWATER SOUND. THENCE FOLLOW TIM
BOUNDARY OF PARCEL B FOR THE FOLLOWING SEA (17) COURSES:
LINE
BEARING
LEM
BEARNG
Lt
N36
4.69'
L10
S57
1271'
L2
N17 °47'06"E
24.30'
Lli
824°37'06 'W
61.58'
L3
N13
23.43'
L12
S26°26'4 V
55.16'
L4
N42
23.00'
L13
S24RI5'51"W
28.84'
L5
N14*35' 11"W
21.14'
L14 -
S01 °00'47"E
1456'
L6
kM' 18"E
38.99'
L 15
S49 S4'20"E
1836'
L7
S87°13'20"E
9.09'
Lib
S75'38'49"E
21.66'
L8
N23
5SAT
L17
SSY04'34" E
32.42'
L9
N22 °00'56"E
52.45'
THENCE CONTI ILM S20°36'26 'E. 73.17' ALONG NE ORIGINAL SHORELINE 'OF
BLACRWATER SOUND TO THE SAID POINT OF BEGINNING OF THE H REIN DESCRIBER
PARCEL. B.
Dooq 1967522
BkN 2669 Fga 1967
P10111ROE COUNTY
1719:1C:IIAL. RECORDS
MONROE COUNTY
OFFICIAL RECORDS