Resolution 090-201811w:11 2 1 1 1 ,587,28 03/09/2018 8. 55PFZ
cj,lvd $ Recorded in Official Records of
14014RO11 COUNTY KEVIN MCIDOK
RESOLUTION NO. 090 -- 2018
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
RECOGNIZING THE PRIOR TRANSFER OF TITLE AND
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OWNERSHIP OF LANDS QUITCLAIMED BY THE BOARD OF;
COUNTY COMMISSIONERS TO THE BOARD OF PARKS AND
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HISTORIC MEMORIALS ON JANUARY 16, 197I1, A BOARD WHICH
DID NOT EXIST IN 1970; AUTHORIZING EXECUTION OF THE
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ATTACHED QUITCLAIM DEED TRANSFERRING TITLE AND
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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.
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 1.970 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 I and 3
in the legal description should actually be Lots I 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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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. Sec. 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 (if 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 (lid 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
Fart of the Bahia Honda State Park and is riot 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
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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 pail of the Bahia Honda State
Park.
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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
Mayor Pro Tern Sylvia Murphy
Commissioner Danny Kolhage
Commissioner George Neugent
Commissioner Heather Carruthers
(SEAL)
Attesti Kevin Madok, Clerk
By:
Deputy Clerk
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Yes
Yes
Yes
Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
10, %
By:
Mayor
MONR0E COUNTY ATTORNEY'S OFRCE
_APPFIO'JED AS ORM
PATRICIA EABLES
ASSISTANT COUNTY A Ey
DATE:
STATIC OF FLOORM
COUNTY Of 111110#0"
Thin Copy ie a Tnjo Copy of
original on File In thle 011108.
my hand and OffIcIal Seat i
,knO that SaMe Is IM fU# f*FGO W
20,
KEVIN MADOIC, CM
Ciork GI Uft COINt
Page 3 of 6
Luca 2158728
THIS INSTRUMENT PREPARED BY: M11 21 P9# 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 S tree L.
Suite 408
Key West, FL 33040
CORRECTIVE QUITCLAIM DEED
2018, between
T .---,
HIS QUITCLAIM DEED made this'/ — day of 4
MONROE COUNTY, a political subdivision of the State of Florida, whose Wailing 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 parf').
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 hereditanients 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 7761777, of the Public Records of Monroe County, Florida, which was recorded to correct
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errors contained in that certain Deed dated May 2, 1969, and recorded in Official Record Book 431,
pages 4551456, of the Public Records of Monroe County, Florida.
IN WITNESS WHEREOF, party of the first part has caused these presents to be executed in
its name by its Board of County Commissioners acting by the Chair of said board, the day and year
aforesaid.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:_
((OFFICIAL SEAL)
ATTEST: Kevin Madok, Clerk
By:
Deputy Clerk of the Circuit Court
Monroe County, Florida
David Rice and Chair
MONROE COUNTY ATTORNEYS OFFICE
�1VECl AS F Ft'
PATRICIA EABLES
ASSISTANaOUNTY ATTORNEY
DATE:
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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,
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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 I and 4, Section 26, Township 66 South, Range 30
East, on Bahia Honda Key, Monroe County, -Florida, and being snore 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, beat 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 00105980-0000001 AK 1124605 (Pt. Lot 4)
Section 35, Township 66 South, Range 30 East:
RE 00106100- 0000001 AK 1124745 (Lot 1)
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OFI-IC EAL RECORDS