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Item S06 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: March 20, 2002 Division: County Attorney AGENDA ITEM WORDING: Approval for Mayor to execute deed transferring property to the Village of Islands ITEM BACKGROUND: According to Land Steward, property acquired through an FCT grant remains in County's name. Islamorada's attorney has informed County Attorney's office of Village's desire to acquire same. PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval. TOTAL COST: BUDGETED: Yes 0 No 0 COST TO COUNTY: APPROVED BY: County Attorney. OMS/Purchasing 0 Risk Management 0 DIVISION DIRECTOR APPROVAL: ~.d... - -- JAM~~H~1&1 DOCUMENTATION: Included 0 To Follow Not Required 0 AGENDA ITEM # ~I QUITCLAIM DEED THIS DEED, made this day of , 2002, 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 Islamorada, Village of Islands, a municipality incorporated in the State of Florida and party of the second part, whose address is 87000 Overseas Highway, Islamorada, FL 33036. 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 Exhibit "A" attached hereto and incorporated herein by reference. RE #96820, 96440-000100, 96830-000100, subject to those covenants and restrictions set forth in a grant contract recorded in Official Records Book 1306, Pages 417-440, Public Records of Monroe County, Florida. These convenants and restrictions run with the land. If any of the covenants and restrictions of the grant contract are violated by the grantee or its successor in interest, or by a third party with the knowledge of the grantee or its successor, fee simple title to the property 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. (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 Hutton, FBN336122 Assistant County Attorney PO Box 1026 Key West, Fl33041 jdconVOIquit EXHIBIT "A" FILE .:1.:1. 04- EO :3 7 BKI:1. 5 5 7 PGI:3 :1. 7 All that part Of Section 8. Townahlp 84 South, Range 37 Eaat, lying and being on the Ieland of Upper Ma"cumbe In Monroe County. Florida, dncrlb.d .. ,.,1I0M: From the In"reactlon of the Northweeterly right-of-way line of the Ov.r.... Highway (U.S. Highway #1) with the Eaat IIn. of ..Id hctlon 6, .. ..tabll.hed by R. L. St.wart aa the aam. I. .hown on a eurvey dated June 27.1158 m.de by G.A. Cr...,.,. r.corded In Monro. County. omclal R.cord. Book 144, at P.ge 570-1571i run South 45 dagr.ee 48 mlnut.. 45 a.cond. Welt along aid Northweat.rly rlght-of-w.y IIn. of aid Ov.r.... hlghw.y a dlatance of 100 f.eti th.no. North p.all.1 with 8IId Eut line of aa1d Section I, a d....nc. of 872 _et to a poInti th.noe North 24 d.gr... 1 mlnut.. 15 ..conda We.t 240 f.et. more or I.... to the m..n high Ud. IIn. of Florid. S,y and the point of b.glnnlng of the Iande h.r.ln deaorlbedi from aId point of beginning run eouth 24 degr... I mlnut.. 15 leconda Eaat 240 f..t, more or I.... to a point which la 672 feet North of the Northweat.rly right-of-way line Of ..Id Ov.r.... Hlghw.y .. m..aur.d along a line parallel to ..Id Eat IIn. of Section 8i thence South 872 feet along a line parall.1 to the Eaat line of ..Id SecUon 6 to the Northweaterly right-Of-way line of ..Id Over..a. HlghwaYi th.nc. run North 45 degree. 48 minute. 45 lecond. Ea.t along the Northweaterly right-of-way IIn. of IIId Over.... Highway a distance of 100 reet to the Inter..ctlon of aa1d rlght-of..way line with Aid Eat IIn. of S.cUon 8; thence North along the Eaat line Of aaId SecUon I a d....nc. of 872 feet; thence North 24 degre.. I mlnutea 15 ..cond. We.t a dletance of 240 feet, more or Ie.., to the me.n high tide line of Florida BaYi thence Southweeterly meandering ..Id mean high tide line to the point of beginning; together with all riparian and littoral rlghta eppurtenant ther.to. RE#00098820 AND AlSO: A tract of land In Government Lot 1, Section 8, Township 64 South. Range 37 Ealt on Upper Mat.cumb. K.y In Monroe County. Florid. .nd being more plll1lcul....ly deecrlbed .. ,.,110..: From the Iriter..otIon of the Ent line o' Section I. Townelllp 64 South. Rano. 37 Eat. .. .ltIIbnllhed by R. L Stewart .. ahown on . eurWy dated June 27. 1111 mad. by G. A. erawahaw, recorded In Monroe County 0tfIc1al Recorda Book 144 at Pate 570. with the NorthwNterIy Rlght-of.Wey line of S.... Road No. 5i th.nce proceed Southwe.erly along ..Id Northw..erly Rlght-ot-Way line. 200.00 f..ti thence proceed North and p!U'.Uel to ..Id Eat line of Seotlon 8. 672 f.oti thence proceed North 24 degr.e. 08 minute. 15 ..cond. Weat. 240 feet, more or I.... to the ...ward edge of mangrove and the Point of Beginning of the tract her.lna"er deacrlbedi thence proceed South 24 d.gr.e. 06 mlnut.. 15 Hconda Eaat along the prevlou.ly deacrlbed cour...240 f.etj thence prooeed South and paraUel to ..Id ea. line of Section 8, 172 t..t to IIId NOrthwMterly Rlght-ot-Way Unei th.nce proceed Southweaterly along ..Id Northwe.terly Rlght-of.Way line, 200.00 feeti thence procHd North and parallel to ..Id bit line 01 SecUon 8. 172 f.et; thence proceed North 24 dagre.. oe mlnutea 15 ..conda Weet, 240 te.t, more or ,.... to tha ..award edge of the mangrovei th.nce m..nder IlIId ...ward edge of the mangrove In I North...t.rly dlr.ctlon, :ZOO feet. more or I..., to the Pplnt of Beginning, together with riparian right. appurt.nent thereto. RE,fOOOt68300-o00100 EXHIBIT A . . AND ALSO: FILE . ~ ~ 04- 6 .3 7 BKtJ.. 557 PG'3 ~ a All thet pert of Section 8, Townahlp 64 South, Range 37 Eat dMCrlbed .. folloW8: From the InterMotIon of the Nortttweaterly right-of-way IIn. of Over.... HlghwlY (U.S. Highway "") with the !at I.... of eIIcI Section 8 .. ntablllhed by R. L Stewart al the Mme II lhown on a IUrvey dated June 27, 1151 by G. A. Crawlhlw, run South 45 d..... 41 mlnutel 45 MCOftCI. We.. llleng aaId NCIl'1hw.....-Iy rlght-of-wlY line of _Id Over.... HIghway . dIaW1ce of 200 ..et; thence North pareJl.1 with .Id Eaat line of ..... 8eotion . a d...... of '72 feat to a point; thanoe North 24 degre.. 6 m".u.... 1 S IIIOOndl W..., 241 r.et, mDr. or Ie.., to the maan Idgh tld. line of Florida Bey and the potnt of blllnnlnsr of the lenda herein deecrlbedi from aald pOint 0' beginning run aouth 24 degra.. . mlnut.. 1 S ..condl Eliat, 140 ...t, more or I.... to a point which .. 872 .... North of the Northw....rly rlght-of-w8y II... of Mid Ov..-- Highway .. menurad lIontl a Iln. parallel to .Id ENt Hne of Seetlon 6; thence South 8n feat along I IIn. pilra"ello the Eat line of ..Id SeCUon 8 10 the Northwellterly right-of-way IIn. of uJd OV..... HlghwaYi th.nc. North 45 dlgre.. 48 mlnutea 45 eecond. Eat along aa1d Northweaterly IIn. of .Id OVer.... HlghwIY a dlatance of 100 ,..t; !bene. North ~allal to the EI.t line 0' ..Id Section 6 . dlatanee 0' 872 feet 10 a point; thence North 24 degree. 6 mlnutN '" IIcond. We.. . dlatance of 24D '.e., more or I..., to the m..n high tide line of Florlde Bay; thence South.......'" meandering u1d maan high tide line to the point 0' beginning. RE#0009844~0100 KOHRO! COUNTY OFFICIAL RECORDS