Item P02
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
September 19, 2001
Division:
County Attorney
Bulk Item: Yes 0 No 0
AGENDA ITEM WORDING:
Approval for the Mayor to execute 2 Quitclaim Deeds transferring to the City of Marathon the
Marathon Community Park - Phase I and the Coco Plum Beach.
ITEM BACKGROUND:
These two Deeds are necessary for clarification purposes and to comply with grant
requirement.
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT I AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST:
COST TO COUNTY:
BUDGETED: Yes 0 No 0
APPROVED BY:
County Attorney. OMB/Purchasing 0 Risk Management 0
DIVISION DIRECTORAPPROVAL~~
ES TEND ICK
DOCUMENTATION: Included 0 0 Fol w 0 Not Required 0
AGENDA ITEM #
I--? ;J.
OUITCLAIM DEED
THIS DEED, made this
day of August, 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 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:
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.
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, grantee 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 1352, Page 0227,
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.
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.
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By fi-, ~Y~~h~
(SEAL)
ATTEST: DANNY L. KOLHAGE, Clerk
By
This Instrument prepared by:
Rob N. Wolfe, FBN 309370
Assistant County Attorney
502 Whitehead Street - 3rd Floor
Key West, FL 33040
JdconcomquitcocoFCT94
QUITCLAIM DEED
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 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:
Marathon Community Park, Phase 1, in the City of Marathon, as more
particularly described on Exhibit "A" attached hereto and incorporated
herein by reference:
Deed transferring title from Monroe County to the City of Marathon shall
reference the recorded Grant Award Agreement using the following
language:
By acceptance of this deed, grantee 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 Award Agreement attached to
the deed to Monroe County as recorded in Official Record Book 1393, Page
1901, 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 restrictiorls of the Grant Award Agreement 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 Award Agreement 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 conveyance is further expressly subject to the deed restriction that no
admission fee or like charge may be imposed on any Monroe County
resident as a condition of admission to the subject property.
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.
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF ~ COUNlY, FLORIDA
BY/ ~a~Jfr:~ ~
(SEAL)
ATTEST: DANNY L. KOLHAGE, Clerk
By
This Instrument prepared by:
Rob N. Wolfe, FBN 309370
Assistant County Attorney
502 Whitehead Street - 3rd Floor
Key West, FL 33040
Jdconcomquitmcp
LEGAL DESCRIPTION
MARATHON COMMUNITY PARK
A tract of land and submerged lands, being a part of Government Lot 3, Section 10,
TownshIp 66 South, Range 32 East, at Marathon, Key Vaca, Monroe County, Florida,
lying Southerly and adjacent to US Highway No.1, and being more particularly described
by metes and bounds as follows:
COMMENCING at the intersection of the East line of said Government Lot 3 and the
Southerly right-of-way line of US Highway No.1; bear S 74 degrees 20 minutes 00
seconds W, along the Southerly right-Of-way line of US Highway No.1 for 823.25 feet to
the POINT OF BEGINNING of the tract of land and submerged lands hereinafter
described, from said POINT OF BEGINNING continue bearing S 74 degrees 20 minutes
00 seconds W for 684.60 feet; thence S 15 degrees 40 minutes 00 seconds E for
1088.02 feet; thence bear N 74 degrees 20 minutes 00 seconds E for 506.60 feet;
thence bear N 06 degrees 22 minutes 00 seconds W for 1102.48 feet, back to the POINT
OF BEGINNING.
EXHIBIT A