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Item S12 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 20, 2000 Division: County Attorney AGENDA ITEM WORDING: Approval of quit claim deeds transferring ownership of, and responsibility for certain County owned parks and beaches located within the City of Marathon to the City. ,-Waloriss Park .2. -Jesse Hobbs Park 3 - Sombrero Beach Park ITEM BACKGROUND: As directed by the SOCC, the County and City staff have negotiated for the transfer of the above properties. PREVIOUS RELEVANT BOCC ACTION: STAFF RECOMMENDATION: Approval TOTAL COST: BUDGETED: Yes No Cost to County: APPROVED BY: County Attorney x OMS/Purchasing Risk Management DIVISION DIRECTOR APPRova~ DOCUMENTATION: Included -1L- To Follow _ Not required AGENDA ITEM # 1- S IL QUITCLAIM DEED THIS DEED, made this day of , 2000, by the Board of County Commissioners of Monroe County, a political subdivision of the State of Florida and party of the first part, to the City of Marathon, a municipality incorporated in the State of Florida and party of the second part, whose address is PO Box 500430, Marathon, FL 33050. WITNESSETH that the said 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 said party of the second part forever, all the right, title, interest, claim and demand which the said party has in and to the following described real property lying and being in Monroe County, Florida, to wit: That park, lying at the juncture of Calle Ensenada and Bulevar de Palms, dedicated to the publiC by Plat of Waloriss Subdivision according the Book 3, page 113 of the recorded plats of Monroe County, Florida 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 said first party, either in law or equity, to the proper use, benefit and behoof of the said second party 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. (SEAL) ATTEST: DANNY L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Deputy Clerk By Mayor/Chairman This Instrument prepared by: Rob N. Wolfe, FBN 309370 Assistant County Attorney 502 Whitehead Street - 3rd Floor Key West, FL 33040 Jdco nco mqu itwa 10 risspa rk I QUITCLAIM DEED THIS DEED, made this day of , 2000, by the Board of County Commissioners of Monroe County, a political subdivision of the State of Florida and party of the first part, to the City of Marathon, a municipality incorporated in the State of Florida and party of the second part, whose address is PO Box 500430, Marathon, FL 33050. WITNESSETH that the said 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 said party of the second part forever, all the right, title, interest, claim and demand which the said party has in and to the following described real property lying and being in Monroe County, Florida, to wit: Jesse Hobbs Park currently considered lying in the new municipality of the City of Marathon as described on Exhibit "A" attached hereto and incorporated herein by reference. 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 said first party, either in law or equity, to the proper use, benefit and. behoof of the said second party 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. (SEAL) ATTEST: DANNY L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Deputy Clerk By Mayor/Chairman This Instrument prepared by: Rob N. Wolfe, FBN 309370 Assistant County Attorney 502 Whitehead Street - 3rd Floor Key West, FL 33040 jdconcomq uithobbspa rk L LEGAL DESCRIPTION JESSE HOBBS PARK PARCEL 1 Lot 1, Block 1, MARATHON BEACH SUBDIVISION, as recorded in Plat Book 2, Page 16, of the Public Records of Monroe County, Florida, and Part of Lot 2, Block 1, MARATHON BEACH SUBDIVISION, as recorded in Plat Book 2, Page 16, of the Public Records of Monroe County, Florida, and better described as: COMMENCING at point on said Lot 2, Block 1, which said point is 100 feet from the Overseas Highway and running in a Northerly direction along First Avenue, 50 feet; thence at right angles in a Easterly direction 125 feet; thence at right angles in a Southerly direction 50 feet; thence at right angles in a Westerly direction One Hundred and Twenty-five feet, to the POINT OF BEGINNING. AND PARCEL 2 COMMENCING at the Northerly right-of-way line of Old State Road 4-A and the Eastern right-of-way line of First Street, said point being the Southwesternmost corner of aforesaid Lot 1 and the POINT OF BEGINNING, bear N 740 20' 00" E along the Northerly right-of-way line of Old State Road 4-A, for 147.39 feet to the Southeast corner of aforesaid Lot 1, said corner being the West line of Government Lot 2, as shown upon aforesaid plat, thence South along the said West Line of Government Lot 2 for 41.54 feet; thence S 740 20' 00" W for 96.17 feet; thence N 600 40' 00" W for 56.57 feet to the POINT OF BEGINNING, contains 4871.44 square feet or .112 acres, more or less. EXHIBIT A QUITCLAIM DEED THIS DEED, made this day of , 2000, by the Board of County Commissioners of Monroe County, a political subdivision of the State of Florida and party of the first part, to the City of Marathon, a municipality incorporated in the State of Florida and party of the second part, whose address is PO Box 500430, Marathon, FL 33050. WITNESSETH that the said 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 said party of the second part forever, all the right, title, interest, claim and demand which the said party has in and to the following described real property lying and being in Monroe County, Florida, to wit: Sombrero Beach Park currently considered lying in the new municipality of the City of Marathon as described on Exhibit "A" attached hereto and incorporated herein by reference. 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 said first party, either in law or equity, to the proper use, benefit and behoof of the said second party 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. (SEAL) ATTEST: DANNY L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Deputy Clerk By Mayor/Chairman This Instrument prepared by: Rob N. Wolfe, FBN 309370 Assistant County Attorney 502 Whitehead Street - 3rd Floor Key West, FL 33040 jdconcomquitsombrero 3 LEGAL DESCRIPTION SOMBRERO BEACH PARK A parcel of land on Boot Key, Monroe County, Florida, lying in Government Lot 7, Section 15, Twp. 66 S, Rge. 32 E, being a portion of that particular portion of said Government Lot 7, described in Deed Book G 68 at Page 385 of the Public Records of Monroe County, Florida, together with the adjoining parcel of submerged land being a portion of that certain parcel of submerged land conveyed by the Trustees of the Internal Improvement Fund Deed No 20538 and being more particularly described as follows: PARCEL 1 From the point of intersection of the Southerly right-of-way line of Sombrero Beach Road (State Road S-931) with the East line of said Government Lot 7, as shown on the plat of Waloriss Subdivision as recorded in Plat Book 3 at Page 113 of the said Public Records, said point being the POINT OF BEGINNING of the herein described parcel; thence run South along said East line of Government Lot 7 and along the East line of the aforementioned TIIF Deed No 20538, for 890.00 feet to the Southeast corner of said TIIF Deed No. 20538; thence run S 790 30' 00" W along the Southerly boundary of said TIIF Deed No. 20538 for 466.55 feet; thence run N 30 04' 19" W for 902.04 feet to the point of intersection with the aforementioned Southerly right-of-way line of Sombrero Beach Road (State Road S-931); thence run N 810 40' 00" E along said Southerly right-of-way line for 512.50 feet to the POINT OF BEGINNING. PARCEL 2 Commence at the point of intersection of the East line of said Government Lot 7 with the Southerly right-of-way line of Sombrero Beach Road (State Road S-931) as shown on the plat of Waloriss Subdivision recorded in Plat Book 3 at Page 113 of the said Public Records, thence run S 810 40' 00" W along said Southerly right-of-way line for 512.50 feet to the POINT OF BEGINNING of the herein described parcel; thence continue S 810 40' 00" W along said Southerly right-of-way line for 425.00 feet; thence run S 50 33' 11" E for 913.94 feet to the point of intersection of the Southerly boundary line of said TIIF Deed No. 20538; thence run N 790 30' 00" E along said Southerly boundary line for 386.89 feet; thence run N 30 04' 19" W for 902.04 feet to the POINT OF BEGINNING. PARCEL 3 Commence at the pointof intersection of the East line of said Government Lot 7 with the Southerly right-of-way line of Sombrero Beach Road (State Road S-931) as shown on the plat of Waloriss Subdivision recorded in Plat Book 3 at Page 113 of the said Public Records, thence run S 810 40' 00" W along said Southerly right-of-way line for 937.50 feet to the POINT OF BEGINNING of the herein described parcel; thence continue S 810 40' 00" W along said Southerly right-of-way line and along the Southwesterly prolongation thereof, for 886.00 feet to the point of intersection with the Westerly boundary line of said TIIF Deed No. 20538; thence run S 100 30' 00" E along said Westerly boundary line for 944.03 feet to the point of intersection of the Southerly boundary line of said TIIF Deed No. 20538; thence run N 790 30' 00" E along said Southerly boundary line for 806.56 feet; thence run N 50 33' 11" W for 913.94 feet to the POINT OF BEGINNING. EXHIBIT A ~--. S/L 'l'RUS'l'BBS OF 'rHB INTBRHAL IMl'ROVBMEN'l' FUND I 0' '1'HB STATE or PLORIDA DEED NO. 205,!:l KNOW ALL MEN BY THlSB PRBSBHT8c 'l'bat the un4en1sned, the 'l'l"uste.. ot the Int.rna1 Improvement Pwld ot the stat. or FlOl'1d.a, undel' authol'1tJ' or laW, tOI' a.nd 1n oona1del'&tlon ot the SWll or tight 'l'houaand SlxtJ'-J'ou.r and 00/100 DollaN, ($8,064.00), to them 1n hand pa1d by STAHLEY SWITLIK or the County ot Monroe, State ot 1'10l'1da, have gNnted, bargained and .old, and do by theee presenta gl'ant, bal'ga1n, .ell and oonvey, unto the IIa1d S'l'ANLEY 8WIT~ and hie he1N and a..1gna, the tollow1ns de.ol'1b- ed landa, to-wita ~. Parcel No.1. A parcel ot .ubmerged land 1n HaWk Charm81 IIOre pal't1cul&l'11 deaoribed u tollows' Commeno1ne at the 1ntoneoUon ot the Southel'll RJV 11M ot 8tate HiShway 8 931 and the Ba.'-rly l1ne ot bov.J'I1II8nt Lot 1, Seot10n 15, Township 66 Soutb, Rus. 32 But, Tallaha.... Mer1Man, KeJ' Boot, Monroe County, Flor1daJ thence Sou.therll alone .aid lot l1no 230 te.t, 1IOl'8 or l...t_to tb. M.H.V. l1ne ot aaid Gov.rnment Lot 1, b.ing tb.' p Comer ot aaid aovemment Lot 1, b.re1n8.ttel' known u the .p01nt ot be- g1nn1ns; thenoe oont1DU1ns alons Ia1d 11,_. extended in- to tbe wat.ra ot tb. Strdt. ot Flor1da 660 te.t} th.nce South 19- 30' 00. V..t 1660 t.et} tb.no. at r1&bt angle. North 10. 30' 00. V.at. 980 te.t; thence North 25. 45' 00" Ba.t, 430 t..t, 1101"8 01" 1..., to tbe M.H.V. 11ne ot aaid Qov.mment Lot 1; th.no. ..ander1na South.rlJ' and Bautel'lJ' alOne aa1d M.H.V. LS.ne to the p01nt ot beg1n- nins; oonta1n1.ng 29.13 aore., 1101"8 or 1.... Iq1ns and be1ns 1n SeoUons 15 and 22, Township 66 South, Ran68 ~ Ea.t, MoIU'08 Oounty, Plol'1da. y- . Paroel No.2. A pu'O.l ot .ubmers.d land 1n Vaoa Key Bight, Monroe Oounty, Plor1da, lION particularll do-' .or1bod as tollow.' CODIDI8no1ne at tb. Nortbwe.t ComeI' ot Sect10n ~4, Townah1P 66 Soutb, RanI. 32 Ba.t, ~la- hU.ee Mel'1d.1an, Boot Kq I. Mozuoo. County, Flor1da} tbence due Ea.t alons the Nortb una ot II&1d s.oUon 14 270.51 toet, 1IOl'8 or 1.... to.1t. int.n.ot1on witb the Eaaterly RJV l1ne ot State Road 8 931; tb.no. South"..ter17 along the .ud But8rly R/W 11ne ot Stat. Road S 931 a M.tanc. ot 300 t.et to . poin, J tbenc. clUe ".t 1000 teet more o~ le.., to tb. M.H.V. 11ne ot the strait. ot r10;!c1a to be known .. tbe Po~nt ot Bes1nn1nsJ theDG. alona N1d But ~~ t:::~~:'~:O a=h waJ'~5 ~t ~trv::~la ;~.~o~::o. V..t 660 te.t, lION or 1..., to tbe H.H.V. line ot the .ud StnJ.t. ot 'lorida, theno. _an4el'1ns .a1d H. H. V. 11ne Northea.t.r1y baok to the Point ot sei1nn1ns. Con- taining 10.59 aon.. IIOre or 1.... IB1ng &n4 bes.ng 1n Seot10n 14, Townehip 66 South, Ranp 32 last, Monro. CountJ', rlol'1da. I containing a total ot 40.32 aoreeL IDOre 01" 1.... and lying and belng in Monroe CountJ', atate or nor1da. ,~ TO HAft AND TO HOLD . the above sranted and d8lol'1bed premlses tONVel'. SAVINO AND RBSBRVDO unto the 8&1d Truatees ot the Internal Im,pl'Ovement Pun4 ot the state ot noz-lc1a, and their 8UOC.SS0I"8. tltle to an undivlded three-tourths ot all phos- phate, mlnenJ.s and metals, ancl title to an undivided one-halt of all petl'Olewa that .,. be ln, on or under the above de- soribed laneS. with the pnY11ep to m1ne and clevelop the 1IIUD8. emma RBSBRVATIOH8a Hone IN _'lIMON! WHBP..BOW. the aa1d Trustees have hereunto subsoribed thelr names and aftixed thelr 8eal aneS have caused the seal ot '1'HB nKPARTMKN'.l' 01' AORICUI4'URB or '1'HB STAB 01' WWRIDA to be heJ'8unto attUed, at the Capitol. ln the 01ty ot ~llahass'e, on this the 15th day ot December, A. D. 1953. (SEAL) Trustees I. I. JUnd Acting Governor (SEAL) comptl"Ollel' (SEAL) . (SEAL ) Dept. ot Asr1. 'l"I'eUunr (SBAL) Attome)" 08neral (SEAL) CoaII1sSiOMl" ot AgnOUl tun A8 a.n4 Oomposlns the TrutH_ of the Intemal IIIlp1"Ov...nt Puncl of the state ot Plo1"1c1a. . (SBAL)