Item U3
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 18, 2009
Division:
County Attorney
Bulk Item: Y es ~ No
Department:
Staff Contact Person/Phone #: Cynthia Hall, x 3174
AGENDA ITEM WORDING:
Approval of resolution releasing a covenant, condition and restriction placed on property owned by the
City of Marathon constituting a portion of Marathon Community Park, previously intended to be used
for an aquatic center and park; authorizing the Mayor to execute any documents necessary for the
release ofthe covenant, condition and restriction; and providing an effective date.
ITEM BACKGROUND:
In 2004, the Board of County Commissioners awarded a grant of $120,000 from tourist development
tax funds to the City of Marathon for construction of an aquatic center in a portion of the Marathon
Community Park. In November 2004, the City recorded a Declaration of Covenants. Conditions and
Restrictions in order to ensure that the underlying property and improvements could only be used as an
aquatic center and park open to the general public, in order to comply with the tenus of the grant. By
2006, however, the City realized that funds for construction of the aquatic facility were not available
within the City budget. At that point, the City declined the funds. The City is now requesting County
approval to release the covenant, condition and restriction, so that the City can develop the property for
other uses.
PREVIOUS RELEVANT BOCC ACTION:
See above.
CONTRACT/AGREEMENT CHANGES:
Release of covenant restricting use of property owned by the City.
STAFF RECOMMENDATIONS:
Approval
TOTAL COST:
$0
INDIRECT COST: $0
BUDGETED: Yes _No
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: $0 SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNTPERMONTH_ Year
r)~/
APPROVED BY: County Atty::J.- OMB/Purchasing _ Risk Management_
DOCUMENTATION:
Included X
Not Required_
DISPOSITION:
Revised 7/09
AGENDA ITEM #
RESOLUTION NO.
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,
FLORIDA, RELEASING THE COVENANT,
CONDITION AND RESTRICTION ON PROPERTY
RUNNING IN FAVOR OF THE COUNTY
ENCUMBERING A PORTION OF MARATHON CITY
PARK; AUTHORIZING THE MAYOR TO EXECUTE
ANY DOCUMENTS NECESSARY TO RELEASE THE
COVENANT, CONDITION, AND RESTRICTION; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Marathon ("City") is the fee simple title owner to certain
real property (the "Property") consisting of Parcels "A" and "B" in the Clanchette
Commercial Subdivision, within the City of Marathon, Monroe County, Florida,
constituting a portion of Marathon Community Park, more particularly described in the
Legal Description attached hereto as Exhibit "A"; and
WHEREAS, on November 17,2004, the City recorded an instrument entitled
"Declaration of Covenants, Conditions, and Restrictions" ("Declaration") in the Official
Records of Monroe County as Document 1479483, at Book 2059, Page 1361-1364, a true
and correct copy of which is attached hereto as Exhibit "B", in return for and in order to
fulfill the tenns of a grant from the Monroe County Board of County Commissioners in
the amount of $120,000.00 from local option tourist development taxes for the
construction of an aquatic center and park on the Property;
WHEREAS, the Declaration stated that the Property could only be used for an
aquatic center and park; however
WHEREAS, in November 2006, the City declined and never accepted the funds;
and
. WHEREAS, the City now wishes to remove the restriction so that the City can
develop the Property for other uses; and
WHEREAS, the City requires the written approval of the County in order to
release the covenant, condition, and restriction.
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA AS FOLLOWS:
Section 1: The above recitals are true and correct and incorporated herein.
1
Section 2: The County approves the Release of Covenants, Conditions and
Restrictions attached hereto and incorporated herein as Exhibit "C", and authorizes the
Mayor to execute the Release and record it in the Public Records of Monroe County.
Section 3: This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a meeting of the Board held on the _ day of November 2009.
Mayor
Mayor Pro Tem
Commissioner
Commissioner
Commissioner
BOARD OF COUNTY
COMMISSIONERS OF MONROE
COUNTY, FLORIDA
By:
Mayor/Chairman
(Seal)
Attest: DANNY L. KOLHAGE, CLERK
By:
Deputy Clerk
MONROE COUNTY ATTORNEY
Af}PROVEO f}S TP ')9RM:
Dt/,L'ttLotW' 7--. fhL
I CYNTHIA L. HALL
ASSISTANT COUNTY ATTORNEY
Date tf-"ct:::;;(Qoq
2
This instrument prepared by:
Cynthia L. Hall, Esq.
Monroe County Attorney's Office
1111 12th St.. Suite 408
Monroe County, FL 33042
Tel. (305) 292-3470
After recording please return to:
Ms. Zully Hemeyer
Utilities Manager
City of Marathon
9805 Overseas Highway
Marathon, Florida 33050
Phone: (305 289-5'009
RELEASE OF COVENANTS, CONDITIONS, AND RESTRICTIONS
THIS RELEASE OF COVENANTS, CONDITIONS AND RESTRICTIONS
("Release") is made and entered into this _ day of November, 2009, by and between
Monroe County, a political subdivision of the State of Florida ('.County") with a principal
address of 1100 Simonton St., Key West, FL 33040, and the City of Marathon, a
municipal corporation with a principal mailing address of 10045-55 Overseas Highway,
Marathon, FL "(City"),
RECITALS:
1 , The City is the fee simple title owner to certain real property (the
"Property") located in the City of Marathon, Monroe COUIlty, Florida, more particularly
described as:
-- SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"--
2. On November 17, 2004, the City recorded an instrument entitled
"Declaration of Covenants, Conditions, and Restrictions" ("Declaration"). The
Declaration was filed and recorded in the Official Records of Monroe County as
Document 1479483, at Book 2059, Page 1361- 1364, A true and correct copy of the
Declaration is attached hereto as Exhibit "B".
3. In or about 2004, the Monroe County Board of County Commissioners
approved a grant in the amount of$120,000.00 from local option tourist development
taxes, for the construction of an aquatic center and park on the Property. The City
recorded said Declaration in order to memorialize the terms of the contract between the
City and County granting said funds, which agreement provided in pertinent part: "Real
property acquired or improved through funding under this Agreement shall remain
dedicated for the purposes set forth herein or for other purposes which promote tourism
and ownership of said property shall be retained by the Grantee:"
4. However, in November 2006, the City notified the County that funds for
the construction of the aquatic facility were no longer available within the City's budget,
and the City declined acceptance of the funds,
5. In paragraph I of the Declaration, the City covenanted that the Property
would be used solely as an aquatic center and park. The City now wishes to develop the
Property into something other than an aquatic center and park. Given that the City
declined acceptance of the funds, the release of the restriction on development set forth in
the Declaration is appropriate.
6. Paragraph 4 of the Declaration requires any amendment to the Declaration
to be in writing and signed both by the City and the County.
7. It is now the intention of the parties hereto to release the City from the
covenants, conditions, and restrictions set forth in the Declaration.
8. The City shall, at its sole cost and expense, record this Release in the
Official Records of Monroe County, Florida.
IN WlTNESS WHEREOF, the parties have caused these presents to be executed
on the day and year first above written, and effective as of that date, the aforementioned
Declaration is cancelled, withdrawn, and no longer in effect for the Property,
Signed, sealed and delivered in the presence of:
CITY OF MARATHON
A TrEST: DIANE CLAVIER, CLERK
~~anU clm1i(
-8'1'al1' Clerk
(Seal)
ATTEST: DANNY L. KOLHAGE, CLERK
MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS:
By:
Deputy Clerk
By: Mayor
(Seal)
MONROE COUNTY ATTORNEY
lAP. PROVI=D AS TO/FORM:
~ ~~, l-f-.J0
d CYNTHIA L. HALL
ASSISTANT COUNTY ATTORNEY
Date ( I ~ ;;{. '<<.OOr
EXHIBIT A
LEGAL DESCRIPTION
All of Parcel "A" and Parcel "8", "CLANCHETTE COMMERCIAL SUBDIVISION", as
recorded in Plat Book 7, Page 56, in a part of Goverrunent Lot 3, Section 10, Township 66
South, Range 32 East, V ACA KEY, Momoe County, Florida, Public Records;
LESS Parcel "C." A tract of land in a part of Government Lot 3, Section 10, Township 66
South, Range 32 East, on KEY V ACA, Momoe County, Florida, said tract of land 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 U.S. Highway No.1, said intersection being the Northeasterly corner of the
tract of land described in the Official Records Book 1186, Page 1623, of Momoe County, Florida,
Public Records, thence bear South, along said Easterly line for a distance of 151.70 feet to the
point of beginning of the tract of land herein intended to be described; from said point of
beginning continue bearing South, along said Easterly line for a distance of 168.27 feet, to the
Northerly line of those lands as described in Official Records Book 1084, Page 0866, thence bear
South 74 degrees, 20 minutes, 00 seconds west along said Northerly line, parallel with the said
Southerly right-of-way line of U.S. Highway No.1, for a distance of 315.90 feet to the Westerly
line of the tract of land described in Official Records Book 1186, Page 1623; thence bear North
02 degrees, 30 minutes, 44 seconds west, along said Westerly line, for a distance of 166.38 feet;
thence bear North 74 degrees, 20 minutes, 00 seconds East, on a line parallel with the said
Southerly right-of-way line of U.S. Highway No.1, for a distance of 323.47 feet, back to the
point of beginning.
EXHIBIT B
"
Doe" 147~ 11/17/2004 2;28PM
Fil.d ! R~~Qr4~d in Of(iQiel Reeord~ of
~OE COUNTY DANNY L. KOUIIlGE
Tbis inslTumCnl prep~red by:
JolUl rt Herin, Jr.. Esq.
Stearns We7lver Miller
Wei~ler Al.hadeff & Siuer~lI. P.A.
150 West Flagler So-eel
Suitl,'. 2200
Miami, Florida 331 3D
T~lephone; (305) 789->427
Doe" 1419483
Bk" 205~ PgU 1361
After recording return to;
City of MaIllthon
10045-55 Overseas Highway
Marathon, FL 33050
DECLARATION OF COVENA~TS. CONDITIONS. ~ND RESTRl(''TIONS
THJS DECtARA nON OF COVENANTS, CONDITIONS, AND.
RESTRICTIONS ("Declaration") is made and entercdinto this -L day of A.!Q/J.'
, 2004, by the City of Marathon, whose principal mailing address is 1 0045~
55 Overseas Highw<'lY, Marathon, Florida ("Declarant").
R Eel TAL s:
I. Declarant is the fee simple (ilk Q1Nner to certain real property (the
"Property") located in City of Marathon, Monroe County, FloridR. which is more
particularly described as:
SEE LEGAL DESCRIPTrON ATTACHED AS EXHlBlT
"AU
2. Declarant has applied to the Tourist Development Council (the ''TDC'') for
funding !O con.c;truct an aquatic collier and accessory uses on the Property (the "Granl").
3. 'Ole Board of County Commissioners for Monroe Count}' (the "CQunty")
and TDC have detemlined thai it is in the best interest of the County, for purposes of
promoting tOUlism and preserving the heritage of the community. to improve the Property
for use us an aquatic center open to tile publlc.
4. In connection with the GnU'll, Declarant desires to subject the Property to lhe
restrictions, covenants, and conditions hereinafter set forth, each and aU of which is and a:re
for the Ix'nefit of the Propcrt)'.
NOW, THEREFORE, the Declarant declares tbal the Properly shall be held and
conveyed subject to the following restrictions, covenants and conditions, which are for the
e
OoCU 14'19~3 .
Bkh 2059 Pg~ 1~
purpose ofprotec.ting the value and desirability of the Property, and which shall run with the
Property and be binding on all parties having any right. title Or interest in the Property or any
rart thereof, their heirs, successors and assigns.
I. Restriction, Declarnnl hereby covenanls, agrees and certifies, in so far as
the rights, powers. interests and authority of the Declarant is c.Qncerned,
that the Propel1Y shall used solely as an aquatic cenler and park open to
the general public with corresponding accessory uses. The construction
of. or the use of the Property fOf any other use or purpose is prohibited.
2. County. TIllS Declaration is inlcnded 10 benefit and run in favor to the
County.
3. Itlm. The restrictions, covenants and conditions of this Declllr'dlion ,~haJl
run with and bind. the land for a teml ofthiny (30) years Hum the date this
Declaration is recorded, and after which time they shall be automalically
extended for succossive periods of ren (10) years.
4. Amendments. All amendments hereto shall be in writing and must be
signed by both the Declarant and the COUnlY, or their respective successon;
or assigns. All amendments hereto shall be recorded in the Public Records
of Ml1nroe County, Florida. and shall not be valid until recorded.
5. Para2,raph Headin25. Para.g.r-<1ph headings, where. used herein, are inserted
for convenience only and are not intcndt:.xJ to be a part or this Declilration or
in any way defIned. limited of describe the s.cope and inlenl of the particular
paragraph to \vhich they refer.
6. Effective Date. This Declaration will become effcctive upon the recordation
of this Declaration in the Public Records of Monroe Cowlly, Florida.
7. Povcroine Lav.:. lbis Declaration and tlle enforcemenl of the rights and
obligations e&tablished hereby shalllx: subject to and govemed by the laws
of the Stille of Flonda.
8. Recordation, Declarant shall, at il" sole cost aJ1d expenses, record this
Declaration in the Public R!;.'Cords of Monroe County, Florida wilhin five (5)
days of apPJOval of tile same hy the Counly. Declarant shall provide the
Counly with proof of the recording of tile Declaration in DcC()rdance with tile
provisions of this paragraph.
{THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
'"
1)Qc:~ 1479483 A
Bl<.h 2059 Pg" ~3
IN WITNF'..sS WHEREOF, Declarant has caused these presenls 10 be executed on
tho day and year firsl above wriUc-o,
Signed. sealed and delivered
ill th(; presence 0 f:
DECLARANT
~ c.ffi.JJ~
---.---...-- ,..---., ur-"
Prinled Name:..!d\().Y"(.. CJ(~~
~~t~L~
Printed Name:, usa, y1 t<,<t'l'/I!)
By:
Plinted Name: " YI.J..::D
., ,I tl rYlOJ)O,!:J:.-r
lkr
By: . I ~_
Print - \ ~ "",i\;-L,
STATE OF FLORIDA )
) 1>S:
COUNTY OF MONROE )
The foregoing insl~umenr was acknowledged before me this -.2....._. day of~)
?.On':-L--. by, rYJlC/U:N I. N ({do t, .l2f't:-d.,Y f!"""":J,;' who personally appeared
before me, and is/~~l}Lkn.QWll..to.lll.C..Or have produced _ .
_ as-identification and acknowledged executing lhe foregoing document.
L!--..C_:J)W-'"~'-2
N01AR Y PUBLiC STATE OF.~__.__
Print Name:
Commission No.:
Commission Expires:
~1\ ~ ~
. ~J ...,~~
~...~ ~F~o.. ZOO&
e
D()c:".79483
Bk" ~9 Pi~ 1364
:t~IInI A
LEqAL DESClUPTlfW
All of Parcel (<A" and Paroel uB," "CIANCHETTB COM:MERCIAL StJBDNISION;" as
rerorded in Plat Book 7, Page 56, in a part of Govemment Lot 3, Section to, Township 66
Soutl\. Range 32 East, V ACA KEY, Monroe County, Florida. Public Records;
LESS Parcel "C.". A tract of land in a part of Govemmem Lot 3, Section 10, Township 66
South, Range 32 East, on KEY V ACA, Monroe County, Florida, said tract of Sand being more
partieularly described by metes and bounds as fQllows:
Connnencing at tho i.ntct'S~tion of the Easlline of said Government Lot 3, and (he SQutherly
right-of-way line of U.S. Wghway No. I, said intersection being the Northeasterly co~er of the
tract of !.and described in Official Records Book 1186, Page 1623. of Monl"(X: County. Florida.
Public Re<:ords, thence be.'tr South. along said Easterly line for a distance of 151.70 ft.et to the
point of beginning of the tra.ct of land hl;fCin intended to be described; from said point of
~gimring continue bearitJg South, along ~d Easterly line for a distance of] 6S.27 feet, to the
Northerly line of those lands as deS\Jribed in Official Records Book 1084, Page 0866. then~ best'
Sl>uth 74 degrees, 20 minutes. {)O seconds west along said Northerly line, parallel with the said
Southerly right--of.way Hu(! of U.S. Highway No. I, for a. cliatance of315.90 feet to the Weste-rly
line of the trn.ct of land descriOOd m Official Records Book 1186. Page 1623; thence bear North
02 degrees, 30 minules. 44 seconds west, along said Westerly line, for a distance of 166.38 fe<<;
thence beiltr North 74 degrees, 20 minuteSt 00 seconds: EMt, on II. line parallel with the said
Sou!.htrly rigbt..of-way line of U.S. Highway No. I, for a d~i.ant:e of 323.47 feet, back to the
point ofbe'g:i.nning.
MONROE COUNTY
OFFICIRL RECORDS
ADDITIONAL BACKUP
Sponsored by: City Manager
CITY OF MARATHON, FLORIDA
RESOLUTION 2009-160
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARATHON,
FLORIDA, APPROVING RELEASE OF COVENANTS, CONDITIONS, AND
RESTRICTIONS RUNNING IN FAVOR OF MONROE COUNTY AND
ENCUMBERING A PORTION OF MARATHON COMMUNITY PARK;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE RELEASE AND
RECORD IT IN THE PUBLIC RECORDS OF MONROE COUNTY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Marathon is the fee simple title owner of certain real property (the
"Property") located in the City of Marathon, Momoe County, Florida, more particularly described on
the Legal Description, attached as Exhibit "A"; and
WHEREAS, on November 17,2004, the City recorded an instrument entitled "Declaration
of Covenants, Conditions, and Restrictions" ("Declaration"), at Book 2059, Page 1361-1364 of the
Public Records ofMomoe County. A true and correct copy of the Declaration is attached hereto as
Exhibit "B"; and
WHEREAS, in or about 2004, the Momoe County Board of County Commissioners
approved a grant in the an10unt of $120,000,00 from local option tourist development taxes, for the
construction of an aquatic center and park on the Property which required the Declaration; and
WHEREAS, in November 2006, the City notified the County that funds for the construction
of the aquatic facility were no longer available within the City's budget, and the City declined
acceptance of the funds; and
WHEREAS, the City now wishes to develop the Property into something other than an
aquatic center and park, and given that the City declined acceptance ofthe funds, the release of the
restriction on development set forth in the Declaration is appropriate.
WHEREAS, the Declaration requires any amendment to it must be in writing and signed
by the City and the County.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MARATHON, FLORIDA, that:
Section 1.
The above recitals are true and correct and incorporated herein,
Section 2. The City Council approves the Release of Covenants, Conditions and
Restrictions attached hereto and incorporated herein as Exhibit "C"; and authorizes the City Manager
to execute the Release and record it in the Public Records of Momoe County.
Section 3,
This resolution shall take effect immediately upon its adoption,
PASSED AND APPROVED by the City Council of the City of Marathon, Florida, this27th
day of October, 2009.
THE CITY OF MARATHON, FLORI
AYES:
NOES:
ABSENT:
ABSTAIN:
Ramsay, Snead, Worthington, Cinque
VasH
None
None
ATTEST:
bm c)QvLQ';
Diane Clavier, City Clerk
(City Seal)
APPROVED AS TO FORM. AND LEGALITY FOR THE USE AND RELIANCE OF THE
CITY OF MARATHO , FLORIDA ONLY:
...I~ ...
EXHIBIT A
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it:
THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
Vivian de lllli Cullvas-Diaz, Esq.
Weiss Scl"c>>a Helfman
Pastoriza Cole & Boniske, P.A.
2665 South Bayshore Drive
Suite 420
Miami, FL 33133
...... 08/22/2005 10: 09A11
Doc" 1!!i371-, . 1 R.cor~ of . _
F Ued & Reeord.d in Off J.c~a OLUl"Il"-I:'
MONROE COUNTY DAANY L. K I'1ONIO
Doell lS3'7190
Bk" 214S Pgn 661
Parcel Identification (Folio) Number: AK No. BnI754
AI< No. 8771762
~ORRECTIVn: WARRANTY DEED
TInS CORRECI'lVE WARRANTY DEED, is being executed this 2:lo day of June, Z005 by
KENNEm L. CIANCtlJST l'E, as Personal Representative of the Estate of Evelene Cianchette, whose
post office address is f. b. &t\'I 'l~\ ~C~~~ r~~RANTOR~ to CITY OF
MARATHON, FLORIDA, a Florida municipal corpora on, whose post office address is 10045.55
Overseas Highway, Marath~ Florida 33050 ("GRANTEE").
WITNESSETH, That GRANTOR, for the sum ofTEN DOLLARS ($10,00) and other good and
valuable consideration and for correction oflegal description in hand paid by GRANTEE, the receipt whereof
is hereby acknowledged, does hereby remise, release and sell Wlto GRANTEE forever, all the right, title,
interest., claim and demand' which GRANToR has in and to the following described property lying and
being in the County of Monroe, State of Florida, to-WIt::
All of Parcel nA" and Parcel "B~, "CIANCBEITE COM:MERCIAL SUBDIVISION", as
recorded in Plat Book 7, Page 56, in a part of Government Lot 3, Section 10, Township 66
South, Range 32 EaSt, Vaca Key, of Monroe County, Florida Public Records.
SUBJECT TO:
AN EXISTING lNGRESS AND EGRESS EASEMENT OVER AND UPON A TRACT OF
LAND IN A PART OF GOVERNMENT LOT 3, SECTION 10, TOWNSmr 66, SOUTf4
RANGE 32 EAST, ON V ACA KEY, MO'NROE ~OTJNTV, FLORIDA, AS DESCRIBED IN
OFFICIAL RECORDS BOOK 1184, PAGE 0866, OF MONROE COUNTY, FLO'RIDA,
PUBLIC RECORDS, BOUNDED AND DESCRIBED AS FOLLOWS: COMM:ENClNG AT
THE INTERsECTION OF THE EAST LINE OF GOVERNMENT LOT 3, SECTION to,
TOWNSIDP 66 SOUTH, RANGE 32 EAST, AND THE SOUTBERLY RIGHT-OF-WAY
LINE OF US mGHW A Y NO'. 1, SAID INTERSECTION ALSO TO BE KNOWN AS THE
POINT OF BEGINNING OF THE EASEMENT HEREIN INTENDED TO BE DESCRIBED;
FROM SAID ~OINT OF BEGlNNING, BEAR SOUTII 740 20' OOtl WEST~ ALONG THE
SAID SOUTHERLY RlGHT"()F~WAY LINE OF U.S. IDGHWAY NO. I, FOR A
DISTANCE OF 37.39 FEET; THENCE BEAR SOurn AND PARALLEL WITH THE SAID
EAST LINE OF SAID GOVERNMENT WT 3 FOR A DISTANCE OF 319.97 FEET:
THIS CORRECTIVE WARRANTY DEED IS EXECUTED FOR THE SOLE PURPOSE OF CORRECTING THE
LEGAL DESCRIPTION OF TIlE ORIGINAL WARRANTI' DEED DATED AUGUST 3D, 2004 RECORDED
SEPTEMBER 21, 2004 IN OFFICIAL RECORDS BOOK 1469928, PAGE 7S1 OF THE PUBLiC RECORDS OF
MONROE COUNTY, FLORIDA. THE CORRECT LEGAL DESCRIPTION FOR THE PROPERTY [S SET FORTH
HEREIN. DOCUMENTARY STAMP TAXES FOR THIS CONVEYANCE WERE PAID IN FULL AT THE TIME OF
RECORDING OF THE ORIGINAL WARRANTY DEED,
,~
:3
Doc:lt t!371Jtl_
Bk~ 214S r ~ 662
THENCE BEAR NORm 74'" 20' 00'" EAST AND PARALLEL WITH THE SAID
SOUTHERLY RIGHT-OF-WAY LINE OF U.S. fUGHWAY NO.1, FORA DISTANCE OF
37.39 FEET TO A POINT ON TIlE SAID EAST LINE OF GOVERNMENT LOT 3; ._.
THENCE BEAR NORTH ALONG THE SAID EAST LINE OF GOVERNMENT LOT 3,
FOR A DISTANCE OF 319.97 FEET BACK TO THE POINT OF BEGINNING.
LESS PARCEL 4C" AS RECORDED IN OFFICIAL RECORDS BOOK 1390, PAGES 0522-
0525, MONROE COUNTY, FLORlDA~ PUBUC RECORDS:
A TRACT OF LAND IN A PART OF GOVERNMENT LOT 3, SECITON 10, TOWNSHIP
66 SOUTH, RANGE 32 EAST, ON REY V ACA, MONROE COUNTY, FWRJDA, SAID
TRAcr OF LAND BliJNG MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
COMMENCING A T THE INTERSECTION OF THE EAST LINE OF SAID
GOVERNMENT WT 3, AND THE SOUTHERLY RIGHT-OF-WAY LINE OF u.s.
IDGHW A Y NO.1, SAID INTERSECTION BEING THE NORTHESTRLY CORNER. OF
THE TRACT OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 1186, PAGE 1623,
OF MONROE COUNTY, JlLORIDA., PUBU(: RECORDS; THENCE BEAR SOUTH,
ALONG SAID EASTERLY LINE FOR A DISTANCE OF 151.70 FEET, TO THE POINT
OF BEGINNING OF TOE TRAcr OF LAND HEREIN INTENDED TO BE DESCRIBED;
FROM SAID POINT OF BEGINNING CONTINUE BEARING SOUTH, ALONG SAID
EASTERLY LINE FOR A DISTANCE OF 168.27 FEET, TO THE NORTHERLY LINE OF
THOSE LANDS AS DESCRIDED IN OFFICIAL RECORDS BOOK 1684t PAGE 0866;
THENCE BEAR SOtrrH 74* 20' 00" WEST ALONG SAID NORTHERLY LINE,
PARALLEL WITH THE SAID SOUTHERLY RIGRT~OF~WAY LINE OF u.s. HIGHWAY
NO.1, FOR A DISTANCE OF 315.90 FEET, TO THE WESTERLY LINE OF THE TRACf
OF LAND DESClUBED IN OFFICIAL RECORD BOOK 1186, PAGE 1623; THENCE
BEAR NORm 02" 30' 44" WEST, ALONG SAID WESTERLY LINE, FOR A DISTANCE
OF 166.38 FEET; THENCE BEAR NORm 74* 20' oon EAST, ON A LINE PARALLEL
WTIn TIlE SAID SourHERL Y lUGHT~OF-WA Y LINE OF U.s, mcnw A Y NO.1, FOR
A DISTANCE OF 323.47 FEET, BACK TO THE POINT OF BEGINNING.
GRANTOR COVENA.1\lTS with GRANrEE that GRANTOR has good right and lawful authority
to sell and convey the property and GRAmOR warrants the title to the property for any acts ofGRANrOR
and will defend the title against the lawful claims of all persons claiming by, lhrough, or under GRANfOR.
[Signatures on following page,]
..
()
Doc:l:l 1~37~..I:\il
Bk*' 214e :~" 663
IN WITNESS WHEREOF, 1be said fl1st party has signed and sealed these presents the day and
year first above written.
~~~deli_ed ~r2Jlliif.
hint - ~~ KENNETII L. CIANCIIETIE. ... rerson.l
~_ _ ~~:~:~rlveofth.E".t..fNin.Evelen.
tName lcl p..orJ
STATE OF ~.f\t.
COUNTYOF ~('()~~
)
)88:
J
The foregoing instrwnent was acknowledged before me this 30 day of June, 2005 by
Vpl.T'-tr.'rT:t, r.r/lNCHETI'E, as Personal Representative ofthelEstate of Nina Evelene Cianchette, who is
P"'-. .0 me or who has produced Mk.N Df~ L CUJ:.'W as
identification.
o Public
Print Name;
Commission Expires:
Commission Number:
DESOAAH J,. VARGO
"Av~~~F:"2:3.m7
NRoE COUtffl
e:f'1el~\- RECORDS
DO~k 1469928 09/22/2004 3:21P"
Filed & R~corded in Offlcia! R8CQrds of
I1ONROE COUNTY DANNY L. KOl.UAGE
frWarcd by and return to:
Douglas B WoUt Esq.
CunningbalIlj Miller & Kyle, P ,A.
2975 Overseas Highway P.O. BuX" 500938
Marathon. FL 33050.0038
30s.. 743-9428
File Number: 04.re-099
Will Call No.:
DEED DOC S TArIP CL: p~
$2,a00.00
DoeM 14li9928
Bka 2044 Pg~ 751
AK No. 8771754
Parcclldentification No.
AK No. 8771762
[Space ^bovc 'flli~ 1JJIe Pot Re<<lrding. Dalal
Warranty Deed
{STATUTORY PORM - SECTION 689.02, F.S.)
This Warranty Deed made this :!Ofi day of August, 2004 between Kenneth L. Cianchette, as Personal
Representative. of the Estate or Nina Evefene Ciaocheu.e, of the Counl.Y of Monroe, State of Florida, grantor.. and City
of Marathon, Floridat A FloridA Munfclpal Corporation, whose post office addr~s is 10045.55 Ove.rseas Higbway,
Marathon, FL 330SQ of the County of Monroe, State of 1<1orida, grantee.,
Witnesseth, that said gramor, for and in consideration of tbe sum of TEN AND NOIlOO DOllARS ($lO.OO) and other
good and valuable considerations to said grantor in hand paid by said grantee. the receipt whereof is beJebyacknowledged,
has granted, bargained, and sold to the said grantee, and grantee's heirs and assigm forever, tile following described Jand,
situate, lying and being in Monroe. County, Florida, to-wit.:
Parcels "An Ilnd tlBtI, CIANCHETTE COMMERCIAL SUBDlVISIONt according to the Plat
thereof; llS recorded in Plat Dook 7, Page 56, of the Public Records of Mo~ County, Florida.
Subject to conditiclDs, limitJition5, resenlltions, easements and f4lStrictiOns of record. if any.
and said grantor doe.~ hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons
whomsoever,
· "Grmlor- and "Gmttee" 1U'C l1Sed for sillgullr or plural, Il5 contex.l requires.
In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above wriuen.
Signed, scaled and delivered in our presjl:nce:
~.~~
'L'~ "
lneSsName: J~~Uta.... . 'Br'ow^-.,..
~(). Vf Gycr ~
WiUless Name: _1)D.-\o"'I. "\ A. <J;;t c q "CO ),
~&-yJ);;y
Kenneth L. Cianchette
P.O. Box 510731
Key Colony Beach, FL 33051
State of~a~.{
Countyof~,)~
. , . 'r"
,~..Th:{~l~gO~'1?,.~,~~enl was acknowledg~ before me this 30th da~ of August, 2004 by Kenneth L. Ciancbeue, wh~:~i1./:
'::;rf~,rl"A.lly.kriOwu Or (Xl ha~ produced a dnver's license as identificallon~. ,:.,. ,:.,;.1!..1....
..,.. ',,, W 'V.,' ~ . ". Yf1i;)no .'1'.'",", . '.
p........... :~~r .~~~:" J, ,,'. ... ,..' I~\~~I'
;:;'I~;:-~'.' .' 1.~1'P.)~1\; .....'.~'. I . l1Y'\n 11 I 11, J "/"l ~~\>..... .....,
..."~:. . .:';~.. '-r- ".!':.-' __ _t ., It- ~ _~ _ f" ~ ;;"l to.
.df g ,~ [Not~JlJ) ~ " Notary blic . ..: ..)a. ;.?;. .
,,~/.'..' :f..,~_~":""~..~ :.iJJ-I''''~~ 0:.1)"..,,"
1,;'" - <:I)......' ., ., '~:Z'~' 3 (,,~..' ,.
.i~~',: . : ~ c.~'. r ":\'1. ~ (" "r~'~ :,rr~' ;::'~'f- (.. :
}~l.' t' '.~ ,. . ....~ ~. Printed Name: "l~' 4 (,'....., .
.r~~~:'1 .:~ .\'! . ~~.. r1 . ;;i~~ "~' ;: t.,;-: ~"'_~~
Dodi 14 J2B
BkA 2044 Pg~ 152
AUTHORIZATION
I. Ann McGowan, as Successor Co-Trustee of the Nina Evelene Cianchette Revocable Trust
dated 111111997 and as a beneficiary, hereby authorize Kenneth L. Cianchette. as Personal
representative of the Estate of Nina Evelene Cianchette, to selll convey title and otherwise
transfer the following described real property to the City of Marathon. Florida:
Parcels "A" and "B", CIANCHETTE COMMERCIAL SUBDNISION, according
to the Plat thereof, as recorded in Plat Book 7. Page 56 of the Public Records of Monroe
County.
Said real property being the subject of a contract dated February 19,2004 between Kenneth L.
Cianchette, as Personal representative of the Estate of Nina Evelene Cianchette and the City of
Marathon. Florida, A Florida Municipal Corporation.
Signed, sealed and delivered in the presence of:
<2C~I~ ~~
Witness Name: ~ \~V'\ rY\ W~\~-l
~ "fn,~(r-(Seal)
Ann Mcgowan
~L~~~~ ~
Witness Name::w:e I~ . ~S
STATE OF MAINE )
COUNTY OF SOMERSET )
The foregoing instrwnent was acknowledged this ;)1fLday of August, 2004, by ANN
~cG"OW ~~ who is personally known to me or has produced a ~../ as . "'/
IdentlficatlOn. U ~ '-.~';i'
/..~ J.h
NOT~~C) ST:4dr: ~~r~~.~~~~~.~~"
. ,<!...... .~:./...oI ""I"'.-
.. : ..4CE......~.:,...,........~....I.... .....~;..
(Seal) Printed Name: ['-'1(" . / ~ It. ,;; ~.~.: .'. \
My Commission Ex~'res: f ..."r"<' .:,.<,..:.~., ..... ~
. ~ .. r t - '. .
\( E L. BRALeY'~: ,.;-.' . . : 21 .
NotaIy PubIlc MaIrie" ~ ~".:'.' .-
My CommI6S/on ~ JuI10 18 ~5 : "':.-, " ".
r tP&:;,,,.~ <. ~"".':.
,I" .
,.... . ..
rWNROE COUNTY
OFFICIAl RECORDS
Payne-Kelly
From:
Sent:
To:
Subject:
Susie Thomas [thomass@cLmarathonJl.us]
Thursday, November 02, 2006 3:02 PM
Payne-Kelly
RE: TDC Letter to Rescind Contract
The City of Marathon does not have in its five year capital infrastructure plan any money
to go forward with the swimming pool project. In fairness to other projects we are
requesting the contract with the city of Marathon be rescinded.
-----original Message-----
From: Kelly Payne [mailto:officeasst@fla-keys.com]
Sent: Thursday, November 02, 2006 9:53 AM
To: Susie Thomas
Subject: TDC Letter to Rescind Contract
Susie,
I spoke to Maxine this morning regarding the email you sent in July.
She
feels that the email does not specifically say that the project will not be moving
forward. Could you please reply to this email to say that the city has made a decision
not to move forward with the pool project and that you would like the contract to be
rescinded. If you have any questions please contact Maxine at 296-1552. We appreciate
your help.
Thank you
Kelly Payne
Office Assistant
Tourist Development Council
(305) 296-1552
1