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Item S5BOARD OF COUNTY COMNIISSIONERS AGENDA ITEM SUMMARY Meeting Date: 4/18/12 - KW Division: _County Attorney Bulk Item: Yes X No Staff Contact Person: Susan Grimslev. 292-3477 AGENDA ITEM WORDING: Approval of Corrective Quitclaim Deed, subject to acceptance by the City of Marathon, transferring the filled and/or submerged land adjacent to Coco Plum Beach/Park inadvertently left out of the legal description when Lots 23-32 were transferred to the City of Marathon in 2001 and correcting the Book and Page number of the deed restriction by the State of Florida. ITEM BACKGROUND: On 9/29/1998, the BOCC purchased this portion of Coco Plum Beach from Jennifer Faga. The Florida Communities Trust paid a portion of the purchase price which required the reference to the grant contract on the deed and, under the terms of the grant, when the BOCC transferred the property to the City of Marathon, the FCT had to consent to the transfer. When the public parks and beaches were transferred to the City of Marathon (BK#1731/PG#1841), the filled and/or submerged land adjacent to Coco Plum Beach/Park was not included. Staff has verified that the bay bottom was also acquired with FCT money so when the County transferred the platted lots to the City of Marathon, the County should have also transferred the related filled and/or submerged lands. This Corrective Quitclaim Deed should complete the intended transfer of the related filled and/or submerged lands to the City of Marathon and correct the book and page number that constitutes the deed restrictions from the State of Florida which provided the grant money to purchase the property. The Corrective Quitclaim Deed will be executed by the County and recorded in Official Records only upon receipt of formal acceptance of the property from the City of Marathon. PREVIOUS RELEVANT BOCC ACTION: 9/29/1998 BOCC purchased this portion of Coco Plum Beach from Jennifer Faga (BK#1541/PG#1096 and BK#1541/PG#1099) 9/19/2001 Transfer of Lots 23-32 of Coco Plum Beach/Park to the new City of Marathon (BK# 1731/PG#1841) CONTRACT/AGREEMENT CHANGES: Transfers filled and/or submerged lands inadvertently left out of the legal description in 2001 Corrects the Book/Page# for deed restriction STAFF RECOMMENDATIONS: Approval. TOTAL COST: Recording costs INDIRECT COST: BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: Recording SOURCE OF FUNDS: REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH Year APPROVED BY: County Atty �A- OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 2/05 This Instrument Prepared by and Return to: Susan M. Grimsley, Esq. Monroe County Attorney's Office 1111 12`h Street, Suite 408 Key West FL 33040 Parcel Account Numbers: 00366320, 00366330, 00366340, 00366350, 00366360, 00366370, 00366380, 00366390, 00366400, 00366410 CORRECTIVE QUITCLAIM DEED This Corrective Quitclaim Deed, made this day of , 2012, between the Board of County Commissioners of Monroe County, a political subdivision of the State of Florida, party of the first part, to the City of Marathon, a municipality incorporated in the State of Florida, whose address is PO Box 500430, Marathon FL 33050-0430, party of the second part: WITNESSETH: that the 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 party of the second part forever, all the right, title, interest, claim and demand which the said party of the first part 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, AND ALSO A parcel of land lying waterward of adjacent and abutting Lots 23 through 32, inclusive, Block 21 of COCO PLUM BEACH, according to the plat thereof as recorded in Plat Book 4 at Page 166 of the Public Records of Monroe County, Florida, being more particularly described as follows: BEGIN at the intersection of the dividing line between Lots 22 and 23, Block 21, with the shoreline of the Atlantic Ocean as shown on the aforementioned Plat; thence run N 64 degrees 15 minutes 00 seconds E along the Southeasterly lines of said Lots 23 through 32 for a distance of 1000.07 feet, more or less to the Southeast corner of said Lot 32; thence run S 25 degrees 45 minutes 00 seconds E along the prolongation of the dividing line between Lots 32 and 33 for a distance of 66.25 feet, more or less to the Mean High Water Line of the Atlantic Ocean; thence run along the Mean High Water line the following courses and distances: 1) S 60 degrees 02 minutes 56 seconds W, 154.31 feet, more or less; 2) S 66 degrees 05 minutes 49 seconds W, 121.29 feet, more or less; 3) S 63 degrees 23 minutes 51 seconds W, 175.27 feet, more or less; 4) S 60 degrees 11 minutes 25 seconds W, 47.27 feet, more or less; 5) S 59 degrees 35 minutes 54 seconds W, 67.30 feet, more or less; 6) S 63 degrees 11 minutes 22 seconds W, 142.66 feet, more or less; 7) S 62 degrees 00 minutes 20 seconds W, 144.61 feet, more or less; 8) S 63 degrees 10 minutes 17 seconds W, 144.32 feet, more or less to an intersection with the Southeasterly prolongation of said dividing line between Lots 22 and 23; thence run N 28 degrees 10 minutes 08 seconds W for a distance of 96.16 feet, more or less to the Point of Beginning. Containing 81,826 Square Feet, (1.8785 Acres) more or less. AND, ALSO All land including submerged and bay bottom lands lying Southerly and oceanward from Lots 23 through 32, inclusive, all in Block 21, COCO PLUM BEACH SUBDIVISION, according to the Plat thereof recorded in Plat Book 4, Page 166, Public Records of Monroe County, Florida. This Corrective Quitclaim 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, the party of the second part 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 1306, Page 417, 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. This Deed is given to correct the legal description in the Quitclaim Deed between the parties dated September 19, 2001, recorded October 15, 2001 in Official Record Book 1731, at Page 1841, Public Records of Monroe County, Florida in which the legal description of the submerged lands was omitted. 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 party of the first part, either in law or in equity, to the proper use, benefit and behoof of the party of the second part, 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. BOARD OF COUNTY COMMISSIONERS ATTEST: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA By: Deputy Clerk By: Mayor/Chairman MONHOL COUNTY AS To FORM, Y /1PPRO g AN M. GRIM EY ASSISTANT COUNTY ATTORNEY� . MONROE COUNTY FILE # 1 2611331 OFFICIAL RECORDS BK#1 7 3 1 PG#1 9 4 1 QUITCLAIM DEED R C D Oct 15 2001 9 3, 9 9 P N DANNY L KOLEAGN, CLERK THIS DEED, made this - 10 day of -5q Pr, 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, tide 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, FILE # 1 2 6 1 B 3 1 BKiil 7 3 1 PG#1 8 4 2 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 the day and year aforesaid. L KOLHAGE, Clerk This Instrument prepared by: Rob N. Wolfe, FBN 309370 Assistant County Attorney 502 Whitehead Street - 3rd Floor Key West, FL 33040 ]dooncomquitoocoFCT94 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By ooe- 1je.,44— Mayor/Chairin& MONROE COUNTY OFFICIAL RECORDS ' ' 111, , ; li MONROE COUNTY OFFICIAL RECORDS FILE • 1 0 S 9 1 7 2 BK01541 1?13111099 RCD Oct 20 1998 08r49AH DANNY L KOLHAGE, CLERK DEED DOC STA 0.70 10/20/1998 DEP CLK Grantee S.S.+ [Space Above This Une for Recording Delal QUIT CLAIM DEED This Indefdure made thb2l_ day of-"IfrtA.f a , IM BETWEEN JEANNE FAGA, of 88 Kings Cross, Sorad" NY 105e3, party of the that pert and MONROE COUNTY BOARD OF COLWrV CORONERS, a Political SubdpRn of the Slate of Florida , of 800 Whbhnd Sbaat, Key WOO FL 3300. party of the second pert, W I T N E S S E T H, That the said party of the first part, for and In consideradon of the sum of TEN AND 001 WS ($10.00) Dollars In hand paid by the said party of the wound pert, the rseelpt whereof h 4Nteby acknowledged, has remised. al to and qultolelmod, and by them presents does remise, misam and qubkkn unto the aid psrty of the second part art the Fight, tft infret oYYn end r' - d whbh the said party of the firg part has in and to the Mewing descriced lot, piece or parcel of bn4 shaft has and behg In the County of MOWXX State of Florlde, WWI: All land Including submerged and bay bottom lends lying Southerly and ocawwward from Lots 23 Vasco 32, Inalualwo, all In Sock 21, COCO PLUM BEACH SUBDM/ION, nodrN60i M the Plat 9wesf recorded In Plat Book 4, Page 166, Public Records of Owmw County, Florida. TO HAVE AND TO HOLD the ems, t *Ww with ae end shgtriar the appurta snow thersunte belonging or In anywise appertehh M and a1 the aatns, rght, flY, YeeresI and data of dw sold party at the first part, either in law or equity, to the only proper use, baeoft and belwof of the said party of the second part. IN WITNESS WHEFEOF, the e1d prty of the fast part has hereunto sat his hand and sal the day and year Whet sbove written. SIGNED DELIVEMD IN OUR f A#tAxj IPANNE FAGA STATE OF/ &W ae,C COUNTY OF &4ZC S XAlwr/ The foregotnp InebrrrrrMd aolmowledgad 6eiars nw on tiros LZ day 01 19g9 by JEANNE FAG a-}ersmM nrs or who trmws produosd DrMfs LtcrasM as AFTV PUBLIC COMMIB810N DO'0iAT10N: PM KJP J, DEr xA NOTPJW PUBtjC, SMb at New York Pied t; Na 31•efiMM�orar��� J Mayer 6 Erskine, PA who Auji. 31211 Avenue A Big Pins Key, FIL 330a3 HORROR COUNTY OFFICIAL RECORDS MONROE COUNTY OFFICIAL RECORDS FILE #:L0t391'71 BKO 1 5 4 1 PG#:L 0 9 6 RCD Oct 20 1998 0814SAM DANNY L KOLHAGE, CLERK DEED DOC STAR 16450.00 10/20/1998 DEP CLK Grantee &S.N Tyr 1 t IVAANTY D 1 This Indentme made this 2/ day of , 1666 BETWEEN JEANNE FAGA, or e1 MW Crave, Scarsdale, err c;1MNilpq ,ail �—tJNTY BOARD OF COUNTY a FMOod etfsidNtren of OW •limo of f dds of 600 Whaehead St., trey west, FIL Stow, as GPAN7M*. W I T N E 3 3 E T H, That add Grantor, for and in oegldar-ft of the awn of TEN AND 00f100'S (810.00) Dollars and other good and vakoW considradans to sand panto In hand paid by Yid gtanhw the reeve whereof le hwov aolmawladped, has mod.' III Ire I and sold to the Wwdn and wwbe's hairs keeve► On bNowing deacr od land basted In the County of MONRM 3tata of F1001% to-wt / SEE PROPERTY DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF AS EIQfIB11T W BY ACCEPTANCE OF THIS WARRANTYDEED, GRANTEE: HEREIN HEREBY AGREES THAT THE USE THEPEATY DB I Ito" now SHALL BE SUBJECT TO THE COVNP"ft AND 710RS AS SW FORTH IN THAT CERTAIN GRANT CONTRJW IN OFFICIAL RECORDS BOOK 1E06, PAGE 417-440, PUBLIC INOWFAS OF MONROE COUNTY,'. FLORNIA. THESE COVENANTS AND 111444 RWI WITH TIE PROMNITY HEREIN DESCRIR6D. IF ANY OIL VNE CO"kANTS MID NKSTOICYMS OF THE GRANT CONTRACT ARE #® I" TM GRAIn= OR BY SOME THIRD PARTY V*TH THE WKM44WB OF THE GRANTEE, PEE $111101.111 TITLE TO THE PROPERTY DESCRB N SHiOLL, BE COXVNYVD TO THE BOARD OF TRUSTEES OF THE IMrPRdYEMEN'T TRUST FU D OF THE STATE OF FLORIDA IN ACC4170 WM TIN! GRI1NiT CONTRACT WITHOUT FURTHER NOTICE TTim , 11'i SUOCBBiORS ASSiBNB, AND GRANTEE. ITS BUCCAf1D ASSIGNS SMALL F EIT FALL RIGHT, TITLE AND INTEREST I " PROPERTY DESCRIBED HEREIN. SUBJECT TO: Residadon(1 recorded Atppet 26, 1900 In Official Records Book 169, Pape 446; and rea"ded Nevemier 29, 1N0 to Offlotol Records Book 200, Pape 828; dated N*Oa new 24, 1090 d recorded AprN 26, 1997 In Official Records Book 1468. Paso 1051, recorded purauent to DEP permit dated August 27, 1993, Permit #442229625, all of the Public Records of Monroe County, Florids. SUBJECT TO: Amended Dech ray lon of Omments, dated December 0, 1992 and recorded December 16. IM In ORkfd Roemde Book 1237, Page 1693, which corrects 1256, Poo 21 ", oil of So Pubft Records of Monroe County, Florida. SUBJECT TO: ConesrMeYsR gassomR recorded December 11, 1993 In OMeld Records Seek 102, Pape I= of the Pttblle Records of Monroe County, Florida. and Yid gmtar doel thereby fully warrant do Itla to aeld land, and we dfwetd the awn against the lawful claims of a0 person, whomsoever. *Singular and plural are Interchangeable as context requM. IN W W , Grantor has hereunto cat grantees hand and seal this day and year first above wrtto . Z WITHP 0 Sign a Print �/� \ NE RAGA jSir a Print FILE t110 a 9 1 7 1 BK• 1 5 4 1 PG• 10 9 7 COUNTY OF LIJ�3TC1jGS7C7? STATE OF NAt 0e C I HEREBY CERTIFY that on thlao!!dry me, an officer duly qualNNd to take admowlldW mints. Personally am ,EAltUE FAOA b bte Imown to be the It D 8 daeorbW In and who saeauted the Torepolnp klattwn t and acknowlsdped before me that they atlacoted the same. Driver's Licanes shown as tdrt ARV PUBLIC COMMISSION EXPIRATION: Pnpued by: MEYER a ERSKINE, PJL KER t1bTAMIV New Volk 31211 Avenue Ast � Big Pins Key, FL 3013 M!w �1e1111 j Au0 O,�J( f FILE 01 0 8 9 1 'T 1 BRi1541 POA109g EXH1NT W Lob 23 through 32, Block 21, Coco Plum Besoh, according to the Plat thereof as recorded In Plat Book 4, Pogs 108, of the Public Records of Monroe County, Florida RE#►00386320, 00380330, 00866340, OOSS6360, 00366360, 00366370, 00366380, 003663", 003864001 4". AND ALSO: A parcel of land lying watorward of adjacent and abutting Lob 23 through 30, 1nmlo*e, B000k 01 of COCO PLUM to the plat f as recordlsd in Plot Besit 4 Page 1p Of Ro4srdn of Mom -Go camly, Florida, b0V more pw9vulsft demand as fbtean: BEGIN at the Inlerseadon of the d pp line bStween Lots 02 and 23. Mack 21 with the Sher 1 ne of the Adeaft Onion se ihoom on 1M Plod; thenc0 run N 64 Ifmiradss 00 seapedt %m; Ones of said Lob 23 through 32 for a distance of 1$".07 6% JWWG er kiss the ON" Ihseet owner of said Lot 32, thence run S 26 depose 48 minutes 0 seconds E along Otte prnin pllon of the diri" am hatn L+ob 32 and 33 for a dlnsrhoe of U 26 feet, more or Ism to the Mum No WaW Line of the AtlsWo *saw; thence run along the =n Nigh Walor line the -courses sin t) B 60 degrees 02 minutes N :aoorhda W, 184�1 f. a w tics; 2)�dq a 00 mkwbs 40 ascends W, 121.20 feat, maons a Imo; a) ss 83 digress minutes 81 seconds W, 175.27 fen, more or Imo= 4) 8 60 degrase 11 Mbufte 26 secomis W, 47.27 Not more or how 8) S 60 dSv 1 36 m 84 Seconds W. IMO Jack more or low 6) S 63 degrees 11 minutes 22 seconds W, 142.66 Mt, mwe.-or Ism 7) S 62 dogrees 00 minubso 20 seconds W. 1416.01 hole more or Mast I) 8 16 doWe" 10 minutes 17 seconds W, 144.32 feet, more or less is an wpm the Southeasterly prolongstlon of odd dividing ono bSisj Lots 22 and 23; Mhenoe run N 26 degrees 10 minutes 08 Seconds W for a distance of 06.16 het, more or lose to the Point of Beginning. Contgning 61A26 Square Felt, (1.11M Acres), more or less. MONROE COUNTY OFFICIAL RECORD8 Peters -Katherine From: Rosch-Mark Sent: Friday, March 09, 2012 5:25 PM To: Hutton -Suzanne Cc: Grimsley-Susan Subject: RE: Lots 23-32 Coco Plum Bay Bottom Update Yes, this is the portion of Coco Plum Beach the BOCC purchased from Jennifer Faga. The reference to the grant contract on the deed was required because the Florida Communities Trust paid a portion of the purchase price. The BOCC then transferred the property to the City of Marathon. Under the terms of the grant, the FCT had to consent to the transfer. I see no reason for the BOCC to have retained the adjoining bay bottom; I believe this was an oversight and it was intended to be conveyed to Marathon together with the rest of the property. Mark J. Rosch Executive Director Monroe County Land Authority (305) 295-5180 From: Hutton -Suzanne Sent: Friday, March 09, 2012 4:10 PM To: Rosch-Mark Cc: Grimsley-Susan Subject: FW: Lots 23-32 Coco Plum Bay Bottom Update Mark, do you have any records as to how or why the County obtained the lots? Please let me and Susan know as she will need to process whatever corrective deed is necessary. w. County Attorney y, Monroe County 1111 12th St., Ste. 408 y� �R4 Key West, FI. 33040 305-292-3470 CE pI[ltg��C fVVE i\ tY 11Yg From: Lynn Garcia fmailto:LGarcia(&mcpafl.oral Sent: Friday, March 09, 2012 3:58 PM To: Hutton -Suzanne Cc: hernstadtr@)ci.marathon.fl.us Jim Gale Subject: Lots 23-32 Coco Plum Bay Bottom Update Ms. Suzanne Hutton, I am writing to you in reference to a 2001 deed from the County of Monroe to the City of Marathon for property in Coco Plum Beach. A copy of the deed (OR1731-1841) is attached to this email which reflects the legal description for the lots off. The legal description on this deed does not include the filled bay bottom which lies adjacent to these lots and were acquired by Monroe County in 1998 per OR1541-1096/1098. 1 Jim Gale researched this property a couple of years ago and found that the chain of title for this filled bay bottom is clear. I was hoping that you could check into this for me and let me know if a Corrective deed will be processed or if a Quit Claim Deed from the County to the City of Marathon would suffice. I shall wait for your reply back, Lynn M. Garcia, C.F.E. Real Estate Dept Supervisor Monroe County Property Appraiser's Office From: Jim Gale Sent: Thursday, March 25, 2010 8:21 AM To: Lynn Garcia Subject: FW: Lots 23-32 Coco Plum Bay Bottom Update Hi Lynn I have finished my research and have come up with the following. Sadowski = Shamrock = Key Colony East? OR 514-326 Key Colony East to Faga (Lots 26-32 BB) OR 1191-1339 Sadowski to Ely (Includes Lots 23-25 BB) OR 1235-1737 Ely to Faga OR 1236-1196 Faga to Jeanne Faga Lots 23-25 do not have & ADJ BAY BOTTOM in the legal. I have added any missing OR book and pages to the chain of title of all the affected parcels. Do we now contact the county and wait for a corrective deed or create a new parcel number. Let me know James Gale GIS Technician Monroe County Property Appraisers Office ph 305-292-3511 fax 305-292-3501 From: Jim Gale Sent: Monday, March 22, 2010 11:31 AM To: Lynn Garcia Subject: Lots 23-32 Coco Plum Bay Bottom Hi Lynn According to the attached deeds it looks like the County never transferred the Bay Bottom along with Lots 23-32 Do we need to create a new parcel number or contact the county and wait for a corrective deed? When you have a chance please call me. John Grimes a surveyor wants to know why we don't have parcel numbers on all the I.I. Deeds Thanks James Gale GIS Technician Monroe County Property Appraisers Office ph 305-292-3511 fax 305-292-3501 Peters -Katherine From: Lynn Garcia [LGarcia®mcpafl.org] Sent: Friday, March 09, 2012 4:31 PM To: Hutton -Suzanne Cc: hernstadtr@ci.marathon.fl.us; Jim Gale; Rosch-Mark Subject: RE: Lots 23-32 Coco Plum Bay Bottom Update That is correct. I believe this portion should have been included in your transfer to the City of Marathon. Lynn From: Hutton -Suzanne [mailto:Hutton-Suzanne(a MonroeCounty-FL.Govl Sent: Friday, March 09, 2012 4:16 PM To: Lynn Garcia Cc: hernstadtraci.marathon.fl.us; Jim Gale; Rosch-Mark Subject: RE: Lots 23-32 Coco Plum Bay Bottom Update Lynn, When you say the chain of title for the filled baybottom is clear, what do you mean? From the attachments you sent, my guess is that you expect the County to transfer to the City of Marathon the portion of legal description found in OR 1541-1096: "",N777,7760 BE41N at the Of dhifftft NO bONOW Uft = NO 23, k 21 of o 64 depan i -NNW of add - IA • dieumm of :1 : .&Iorn said Lot $2; thence Iran 5- 6 d _ ee 46 minutoo 60 seawds, E avian! P of of U.26 mom or two to the Usea NO Weler Wns of mn the Neen h Water 0 n 1) 9 So degre min de Wf, I"All iWts. or ISM 2) S seconds W, 12T.29 ftele millom or Umm, 3) S 61 secom 173.27 more or t 4 8 60 doerew 11 ndimIn 26 sweaft Wi, 47.27 a or himm 6 S 59 dawwo 35 okkow 54 asocaft Wx a or is S 63 dograw 11 mhwffin 22 Mands W, 1 7) S W do 00 ndnufte 20 asconft W, 144.81 - - 10 minus aecon % 144.32 feets xWe or low to an P at add d N 10 minutes 08 seconft W fbr a distence of 96.16 feet, im or low to the Po Beginning. And the legal description for submerged land found in OR 1541-1099. 1 am not disputing that such a transfer may not be appropriate, just trying to figure out what you are asking, and why. S;g ..ae 4, qwr. County Attorney Monroe County 1111 12th St., Ste. 408 Key West, A. 33040 305-292-3470 From: Lynn Garcia [mailto:LGarcia@mcpafl.org] Sent: Friday, March 09, 2012 3:58 PM To: Hutton -Suzanne Cc: hernstadtr(abci.marathon.fl.us; Jim Gale Subject: Lots 23-32 Coco Plum Bay Bottom Update Ms. Suzanne Hutton, I am writing to you in reference to a 2001 deed from the County of Monroe to the City of Marathon for property in Coco Plum Beach. A copy of the deed (OR1731-1841) is attached to this email which reflects the legal description for the lots only. The legal description on this deed does not include the filled bay bottom which lies adjacent to these lots and were acquired by Monroe County in 1998 per OR1541-1096/1098. Jim Gale researched this property a couple of years ago and found that the chain of title for this filled bay bottom is clear. I was hoping that you could check into this for me and let me know if a Corrective deed will be processed or if a Quit Claim Deed from the County to the City of Marathon would suffice. I shall wait for your reply back, Lynn M. Garcia, C.F.E. Real Estate Dept Supervisor Monroe County Property Appraiser's Office From: Jim Gale Sent: Thursday, March 25, 2010 8:21 AM To: Lynn Garcia Subject: FW: Lots 23-32 Coco Plum Bay Bottom Update Hi Lynn I have finished my research and have come up with the following. Sadowski = Shamrock = Key Colony East? OR 514-326 Key Colony East to Faga (Lots 26-32 BB) OR 1191-1339 Sadowski to Ely (Includes Lots 23-25 BB) OR 1235-1737 Ely to Faga OR 1236-1196 Faga to Jeanne Faga Lots 23-25 do not have & ADJ BAY BOTTOM in the legal. I have ridded any missing OR book and pages to the chain of title of all the affected parcels. Do we now contact the county and wait for a corrective deed or create a new parcel number. Let me know James Gale GIS Technician Monroe County Property Appraisers Office ph 305-292-3511 fax 305-292-3501 From: Jim Gale Sent: Monday, March 22, 2010 11:31 AM To: Lynn Garcia Subject: Lots 23-32 Coco Plum Bay Bottom Hi Lynn According to the attached deeds it looks like the County never transferred the Bay Bottom along with Lots 23-32 Do we need to create a new parcel number or contact the county and wait for a corrective deed? When you have a chance please call me. John Grimes a surveyor wants to know why we don't have parcel numbers on all the I.I. Deeds Thanks James Gale GIS Technician Monroe County Property Appraisers Office ph 305-292-3511 fax 305-292-3501