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Item O03 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: August 15, 2001 Division: County Attorney Bulk Item: Yes 0 No 0 AGENDA ITEM WORDING: Approval for the Mayor to execute 3 Quitclaim Deeds transferring to the City of Marathon Boot Key Marina, the County-owned portion of Boot Key Harbor, and the Marathon Community Park - Phase II, as well as the obligations under an agreement between Monroe County and the Marathon Economic Development Council concerning the Marina. ITEM BACKGROUND: Execution of these three deeds should complete the transfer of real property to the City of Marathon. PREVIOUS RELEVANT BOCC ACTION: CONTRACT I AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approval. BUDGETED: Yes 0 No 0 TOTAL COST: COST TO COUNTY: APPROVED BY: County Attorney. OMB/Purchasing 0 Risk Management 0 DIVISION DIRECTOR APPROVAL. ES T, HENDRICK Follow 0 Not Required 0 DOCUMENTATION: Included 0 AGENDA ITEM # /- t!JLY \ QUITCLAIM DEED MARATHON COMMUNITY PARK - PHASE II THIS DEED, made this _ day of ,2001, 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 P.O. Box 500430, Marathon, Florida 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: See attached Exhibit "A" attached hereto SUBJECT TO the restriction that there shall be no admission fee charged to any Monroe County resident to gain access to the park to be developed on this site. 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 ofthe 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 ofthe 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: By: Deputy Clerk Mayor/Chairman This instrument prepared by: Suzanne A. Hutton Assistant County Attorney PO Box ] 026 Key West, F]orida 3304]-]026 MARATHON COMMUNITY PARK - PHASE 2 LEGAL DESCRIPTION A TRACT OF LAND AND WATER IN A PART OF GOVERNMENT LOT 3, SECTION 10, T.66S, R,32E, ON KEY VACA, MONROE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EAST LINE OF GOVERNMENT LOT 3 AND THE SOUTHERLY RIGHT-OF-WAY LINE OF US HIGHWAY NO.1, BEAR SOUTH 74 DEGREES, 20 MINUTES WEST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, 330.30 fEET TO THE POINT Of BEGINNING OF THE TRACT OF LAND AND WATER HEREINAFTER DESCRIBED; FROM SAID POINT OF BEGINNING, CONTINUE BEARING SOUTH 74 DEGREES, 20 MINUTES WEST ALONG SAID SOUTHERLY RIGHT-Of- WAY LINE, 493.45 FEET; THENCE BEAR SOUTH 06 DEGREES, 22 MINUTES, 31 SECONDS EAST, 1102,52 FEET; THENCE BEAR NORTH 74 DEGREES, 20 MINUTES EAST, 417.38 FEET; THENCE BEAR NORTH 02 DEGREES, 30 MINUTES, 44 SECONDS WEST, 1117.51 FEET, BACK TO THE POINT Of BEGINNING, CONTAINING 8.91 ACRES, MORE OR LESS, OF UPLAND AND 2.46 ACRES, MORE OR LESS, OF BAY BOTTOM. LESS THE FOLLOWING PARCEL, RESERVED FOR USE AS A COUNTY JAIL FACILITY: COMMENCING ON THE SOUTHERLY RIGHT-OF-WAY LINE OF US HIGHWAY NO, 1 AT THE NORTHEASTERLY CORNER OF THOSE LANDS CONVEYED TO JOE SWARTZ BY DEED RECORDED IN OFFICIAL RECORD BOOK 599, PAGE 53 OF MONROE COUNTY, FLORIDA PUBLIC RECORDS, BEAR SOUTH 02 DEGREES, 30 MINUTES, 44 SECONDS EAST ALONG THE EASTERLY LINE OF THOSE LANDS CONVEYED TO JOE SWARTZ AS AFORESAID, 316.40 FEET TO THE POINT Of BEGINNING OF THAT CERTAIN PARCEL Of LAND HEREIN INTENDED TO BE DESCRIBED; FROM SAID POINT Of BEGINNING CONTINUE BEARING SOUTH 02 DEGREES, 30 MINUTES, 44 SECONDS EAST ALONG THE SAID EASTERLY LINE OF LAND CONVEYED TO JOE SWARTZ AS AFORESAID 359.96 fEET TO A POINT ON THE MEAN HIGH WATER LINE WITHIN THE BOOT KEY HARBOR SHORE Of VACA KEY; THENCE MEANDER SAID MEAN HIGH WATER LINE ON A DESCRIPTIVE COURSE WHICH BEARS SOUTH 83 DEGREES, 42 MINUTES, 25 SECONDS WEST 47.21 FEET; THENCE BEAR NORTH 15 DEGREES, 40 MINUTES, 00 SECONDS WEST ON A LINE WHICH IS NORMAL TO THE SAID SOUTHERLY RIGHT-Of-WAY LINE Of US HIGHWAY NO, 1, 342,83 FEET; THENCE BEAR NORTH 74 DEGREES, 20 MINUTES, 00 SECONDS EAST AND PARALLEL TO THE SAID SOUTHERLY RIGHT-OF- WAY LINE OF US HIGHWAY NO, 1, 128,50 FEET BACK TO THE POINT OF BEGINNING AND CONTAINING 30,505.19 SQUARE FEET Of LAND, AND SUBJECT TO THE FOLLOWING EASEMENT FOR ACCESS TO SAID JAIL FACILITY: COMMENCING ON THE SOUTHERLY RIGHT-OF-WAY LINE Of US HIGHWAY NO. 1 AT THE NORTHWESTERLY CORNER OF THOSE LANDS CONVEYED TO JOE SWARTZ BY DEED RECORDED IN OfFICIAL RECORD BOOK 599, PAGE 53 OF MONROE COUNTY, fLORIDA PUBLIC RECORDS, BEAR NORTH 74 DEGREES, 20 MINUTES, 00 SECONDS EAST ALONG THE SAID SOUTHERLY RIGHT-OF- WAY LINE Of US HIGHWAY NO, 1, 123.08 FEET TO THE POINT OF BEGINNING OF THAT CERTAIN PARCEL Of LAND HEREIN INTENDED TO BE DESCRIBED; FROM SAID POINT OF BEGINNING BEAR SOUTH 15 DEGREES, 40 MINUTES, 00 SECONDS EAST 308.10 fEET; THENCE BEAR NORTH 74 DEGREES, 20 MINUTES, 00 SECONDS EAST AND PARALLEL TO THE SAID SOUTHERLY RIGHT-OF- WAY LINE Of US HIGHWAY NO.1, 298.36 fEET TO A POINT ON THE EASTERLY LINE Of THOSE LANDS CONVEYED TO JOE SWARTZ AS AfORESAID; THENCE BEAR NORTH 02 DEGREES, 30 MINUTES, 44 SECONDS WEST ALONG SAID EASTERLY LINE, 51.35 FEET; THENCE BEAR SOUTH 74 DEGREES, 20 MINUTES, 00 SECONDS WEST AND PARALLEL TO THE SAID SOUTHERLY RIGHT-Of- WAY LINE Of US HIGHWAY NO, 1, 260.05 fEET; THENCE BEAR NORTH 15 DEGREES, 40 MINUTES, 00 SECONDS WEST 258.10 FEET TO A POINT ON THE SAID SOUTHERLY RIGHT-Of-WAY LINE OF US HIGHWAY NO, 1; THENCE BEAR SOUTH 74 DEGREES, 20 MINUTES, 00 SECONDS WEST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE 50.00 FEET BACK TO THE POINT OF BEGINNING AND CONTAINING 28,115.25 SQUARE fEET OF LAND. QUITCLAIM DEED BOOT KEY MARINA THIS DEED, made this _ day of ,2001, 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 P.O. Box 500430, Marathon, Florida 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 and assumption of all County obligations under an agreement, dated November 12, 1998, between Monroe County and the Marathon Economic Development Council 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: See attached Exhibit "A" attached hereto 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: By: Deputy Clerk Mayor/Chairman This instrument prepared by: Suzanne A. Hutton Assistant County Attorney PO Box 1026 Key West, Florida 33041-1026 EXHIBIT A BOOT KEY MARINA (FLORIDA KEYS MARINA - MARATHON) A tract of land and submerged lands, being a part of Government Lot 3, SectIon 10, Township 66 South Range 32 East, Marathon, Key Vaca, Monroe County, Florida, lying Southerly of and adjacent to U.S. Highway No.'1 and being more particularly described as follows: COMMENCING at the Intersection of the East line of Government Lot 3, SectIon 10, Township 66 south Range 32 East and the Southerly Right-of-Way line of U.5. Highway No. 1i thence South 74 degrees 20 minutes 00 seconds West along the said Southerly Right-of-Way Line of U.S. Highway No. 1 for 1507.85 feet to the POINT OF BEGINNING of the tract of land and submerged lands hereinafter descrlbedj thence continue South 74 degrees 20 minutes 00 seconds West along the said Southerly Right-of-Way line of U.S. Highway No. 1 for 50.00 feetj thence South 15 degrees 40 minutes 00 seconds East for 430.00 feet; thence South 74 degrees 20 minutes 00 seconds West for 417.93 feet; thence South 15 degrees 40 minutes 00 seconds East for 658.02 feet; thence North 74 degrees 20 minutes 00 seconds East for 467.93 feetj thence North 15 degrees 40 minutes 00 seconds West for 1088.02 feet to the said Southerly Right-of-Way line of U.S. Highway No. 1 and the POINT OF BEGINNING. Containing 7.56 acres, more or less. TOGETHER with a perpetual, non-exclusive easement for Ingress and egress over and across the following described property which Is 50.00 feet wide and 430.00 feet long, and which easement shall be appurtenant to U.l'! fee conveyed by this Instrument: COMMENCING at the Intersection of the East Line of Government Lot 3, Section 10. Township 66 South. Range 32 East and the Southerly Right-of-Way Une of U.5. Highway No. 1j thence South 74 degrees 20 minutes 00 seconds West along the said Southerly Right-of-Way Line of U.S. Highway No. 1 for 1507.85 feet to the POINT OF BEGINNING of the EASEMENT herein descrlbedj thence aouth 74 degrees 20 minutes 00 seconds Weat for 50.00 feet; thence South 15 degrees 40 minutes 00 seconds East for 430.00 feetj thence North 74 degrees 20 minutes 00 seconds East for 50.00 feeti thence NOrth 15 degrees 40 minutes 00 seconds West for 430.00 feet to the said Southerly Right-of-Way Une of U.S. Highway No. 1 and the POINT OF BEGINNING. RE# 00103340 . . . QUITCLAIM DEED BOOT KEY HARBOR THIS DEED, made this _ day of ,2001, by the Board of County Commissioners of Monroe County, a political subdivision of the State of Florida and party ofthe first part, to the City of Marathon, a municipality incorporated in the State of Florida and party of the second part, whose address is P.O. Box 500430, Marathon, Florida 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 and assumption of all County obligations under an agreement, dated November 12, 1998, between Monroe County and the Marathon Economic Development Council 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: See attached Exhibit "A" attached hereto 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: By: Deputy Clerk Mayor/Chairman This instrument prepared by: Suzanne A. Hutton Assistant County Attorney PO Box 1026 Key West, Florida 33041-1026 !'""- .....Tr: ... FIELD -A. == 11~ <0 :~''::. ~,(J\~~, ~".~~ ""~ .' .,. . . ~. ~ .' . ".~ ,~. '. . ... . ...""". '\. .' . .,." -., ,-' . .. ... ~"".' ,"..,-. '. "', '. '..." -.... ' ".' .... ",,'" -,' . '\.' .....' . . ' . ." , ,..,.....'"..,... ~'. - " . ".. . . - .... ....... . . " . "'''' ,."....."., '.'.' rJoot Key HtilYboy 19. ::l~ -J .0...:::,,_ y- ."\0""", ... "......,,, . - '.'. . - , . - '- '. " '." ,,', '\ ., , '. ......:. .,. ", , . " " . -, . .'" .', ., ,-' ". "'- .. , . -".', . , ..,. .,., - _ "". , ... .' , . " .... . ,'. . '\. .' ,,'.' " - .... ".., '. ,'. ," ....... '. . ,- . '. . ',"'\.' ,'A. . .'. .' , .'. " .. " ,. ".", .' .: ," '- '." '. '.' . '\ , " , '. '. '\. " '\" , ".. ." '-'.'" ' . '. .... '- , '. ~, .,...,. . .-". . ." ".",., . . .". '.' " . ~'.' ~'.; ~ .' .,' ."~. 'Q' '\. . ~'O'C2 ',' . " ,'. .( ..... ',' . " BOOT KEY HARBOR LEGAL DESCRIPTION THE FOLLOWING LEGAL DESCRIPTION DESCRIBES PARCEL 14 OF THE SOMBRERO PROPERTIES LOCATED IN SECTION 10 AND 15 Of TOWNSHIP 66 SOUTH, RANGE 32 EAST. COMMENCE AT AN IRON PIPE LOCATED AT THE INTERSECTION OF THE DIVISIONAL LINE BETWEEN PARCEL 10 AND PARCEL 11 WITH THE NORTHWESTERLY RIGHT-Of-WAY LINE OF SOMBRERO BOULEVARD; THENCE COINCIDENT WITH SAID DIVISIONAL LINE N43027'30''W, 57.87' TO THE CORNER BETWEEN PARCEL 14 AND PARCEL 11, SAID CORNER BEING THE POINT OF BEGINNING; THENCE COINCIDENT WITH THE DIVISIONAL LINE BETWEEN PARCEL 14 AND PARCEL 11 THE fOLLOWING COURSES: S54018'30"W, 567.75'; S520 33'W, 646.33'; S49058'W, 471.77'; S47'10''W, 675.37'; S47047'W, 182.56'; S42056W, 143.90'; S47" 37'W, 111.01'; THENCE DEPARTING SAID DIVISIONAL LINE N610 18'51"W, 445.81'; THENCE N49026'09"E, 180'; THENCE N10033'51''W, 670'; THENCE N66041'09"E, 1680'; THENCE N74046'09"E, 964.52' TO THE CORNER BETWEEN PARCEL 14 AND PARCEL 10; THENCE COINCIDENT WITH THE DIVISIONAL LINE BETWEEN PARCEL 14 AND PARCEL 10 THE fOLLOWING COURSES: S15013'51"E, 95.75'; S43027'30"E, 35.64' TO THE BEGINNING. CONTAINING 38.21 ACRES. EXHIBIT A s U"27:Jrr F _ J5.6-#' ~ S 1S'1J3/" F JJ5.75' ~ Ceftificou-: Ccrtif".ed for Special PutJ-e Surwy J haAlby certify thot this .urvey meat. the MilIlmum Tedlnieal standord. _ eat forth by the Florfda Boord 01 PraI...iollCll ~rI and Nappara in Chapblr 61017-e, F1arIcIo Adminlatiative C~ punuant to Saetion .72.027. Florida Statute.. Jeff., A. Wilder. PSM 8042 thlw drawing. mop, plot. or .utch is for informotionol purpo... only and ,. not wid. /. 1. ~B " SURVEY NOTES I .' B.oring. boaed on cenblrline of Sombr'et'll Boulevard 011 IhOWll llt'l rec:ordad plot of The Som~ Prapertie.. (Plot Book ~. p~ 101) 2. Stote Plana c:oardinabl vg\u.. -"awn we IlC:ClIecI from USGS Quod map "orathon in t4AO 27 and convertecI to: HAD 8J (.tate plane Jone 901) in CORPSCON V2.0 c..........on IIOftWQre. J. ,It i. a WlIotion of the Florida 'Admini.trotiw Code to altlIr thie survey without the wriltetl permillllan ,01 the ...rveyar. 4. A.a. _ acc;ompanyintJ .....t 2 for .1 cleec;riplion.. BOOT KEY HARBOR MOORING FIELD 1 A Portion of Parcel 1 4 THE SOMBRERO PROPERTIES Joo eoo 1 I j IMIE: 2-09-01 MONROE COUNTY PUBUC WORKS ENGINEERING DEPARTMENT 10600 AVIATION BOULEVARD MARA THON. FLORIDA 3.3050 305-289-6074 2