Item M13
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 20. 2008
Division: Growth Management
Bulk Item: Yes ---X- No
Department:
Staff Contact: Andrew O. Trivette
AGENDA ITEM WORDING:
Acceptance of a deed for a parcel of real property for conservation or passive park use from Ocean Key
Associates, Ltd. RE# 00554940-000300 at approximately Mile Marker 97.5.
ITEM BACKGROUND:
On November 14, 2007 the BOCC approved a development agreement with Ocean Sunrise LLC. As
part of that agreement, Ocean Sunrise agreed to donate a parcel to the County from an affiliated
company, located in the median ofDS 1 at Mile Marker 97.5.
PREVIOUS RELEVANT BOCC ACTION:
November 14, 2007 BOCC approved a Development Agreement with Ocean Sunrise. LLC.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval.
TOTAL COST:
nla
BUDGETED: Yes
No
COST TO COUNTY:
nla
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No x
AMOUNT PER MONTH_ Year
APPROVED BY: County Arty ~ OMB/Purchasing _Risk Management_
DOCUMENTATION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 11106
This Instrument prepared by:
TIMOTHY NICHOLAS THOMES, ESQ.
99198 Overseas Highway, Suite 8
Key largo, Fl 33037
CORPORATE
WARRANTY DEED
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Return to:
MONROE COUNTY, FLORIDA
clo Susan Grimsley
1100 Simonton Street
Key West, Fl 33040
Afternate Key Number. 1680435
Parcel Account Number. 00554940-000300
This document was prepared without the benefit
of a title search.
THIS INDENTURE, made this day of , 2008, between
OCEAN KEY ASSOCIATES, L TO., a Florida limited partnership existing under the laws
of the State of Florida, and having its principal place of business at 12800 University
Drive, Suite 400, Fort Myers, Florida 33907-5336, hereinafter called the Grantor, to
MONROE COUNTY, FLORIDA, whose address is 1100 Simonton Street, Key West,
Florida 33040, hereinafter called the Grantee:
(Wherever used herein, the terms Mgrantor" and -grantee- include all the
parties to this instrument and the heirs, legal repre$entatives and assigns
of individuals, and the successors and assigns of corporations.)
WITNESSETH:
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That said Grantor, for and in consideration of the sum of TEN AND NO/100----
---($10.00)--DOLLARS, and other good and valuable consideration, receipt of
which is here,by acknowledged, to said Grantor in hand paid by Grantee, hereby grants,
bargains, sells, aliens, remises, releases, conveys and confirms to the said Grantee all
that certain land and real property situate in Monroe County, State of Florida, viz:
Tract NtJ. 5A, less the Northeasterly 800 feet of said Tract
No. 5A, AMENDED PLAT OF MANDALAY, si1utlte on the
islond of Key Lorgo, Florida, according to the ItItJp or plot
thereof os recorded In Plot Book 5, Page 25, Public Records
of Monroe County, Florida.
THIS PROPERTY IS NOT THE HOMESTEAD PROPERTY OF THE
GRANTOR, NOR HAS IT EVER BEEN THE HOMESTEAD PROPERTY
OF THE GRANTOR.
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Subj~ct to conditions, restrictions, limitations, covenants, easements for
public utilities, all other matters of record, real estate taxes for subsequent
years, and all applicable zoning regulations for the County of Monroe,
State of Florida and pursuant to Resolution 493-2007 and documents
incorporated therein
The parcel of land described in this instrument is located in unincorporated
Monroe County. The use of the parcel of land is subject to and restricted by the goals,
policies and objectives of the Monroe County Plan and Development Regulations
adopted as part of, and in conjunction with and a means of implementing the Monroe
County Comprehensive Plan. The use of this parcel is further restricted for the sole
purpose of open space or non- structural recreational use by the County. Should the
County not use the property for said purpose it shall re.vert to the owner, its
assigns or successors. The Land Development Regulations provide that no builcling
permit shall be issued for any development of any kind unless the proposed
development complies with each and every requirement of the regulations, including
minimum area requirements for residential development. You are hereby notified that
under Monroe County Land Development Regulations, the division of land into parcels
of land which are not approved as platted lots under the regulations, confers no right to
develop a parcel of land for any purpose. (Ord. No. 33-1986 S 5-401). There is minimal
consideration for this transfer.
TOGETHER, with all tenements, hereditaments and appurtenances thereto
belonging or in anywise appertaining.
TO HAVE AND TO HOLD, the same in fee simple forever.
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AND the Grantor hereby convenants with said Grantee that the Grantor has good
right and lawful authority to sell and convey said land, and hereby warrants the title to
said land and will defend the same against the lawful claims of all persons whomsoever;
and that said land is free of all encumbrances, except taxes accruing subsequent to the
current year.
IN WITNESS WHEREOF, the said Grantor has signed and sealed in these
presents the day and year first above written, and its corporate seal to be hereunto
affixed, by its proper officers thereunto duly authorized.
Signed, sealed and delivered in
our presence:
tdn~ ~&-ta
Witness #1 S gnature
~a.re--'l""'l ~ I.~DlQ
Witness #1 Printed Name
OCEAN KEY ASSOCIATES, LTD., a Florida limited
partne
)
f-o be cf! ro IJ I ~e;;()
r"VT e~ f-( ~
bE? to V'e
Witness #2 Signature
Wrtness #2 Printed Name
STATE OF FLORIDA )
COUNTY OFMONROE )
I hereby certify that on this day before me, an officer duly authorized to
administer oaths and take acknowledgments, personally appeared ~~ns::s- .Co",<.\e..\\o
, \}. ~. of OCEAN KEY ASSOCIATES, LTD. a lorida limited
partnership, known to me to be the person described in and who executed the foregoing
instrument, who acknowledged before me that he executed the same, that I relied upon
the following form of identification for the above named person:
or he is V!ell known to me, and
that an oath was taken.
Witness my hand and 0
NOTARY RUBBER STAMP SEAL
SHOWING COMMISSION NUMBER
AND EXPIRATION DATE:
day of ::JLJII.-l
2008.
. ,..n .~;;7'" KAREN J. ISOLA
. /~\ Notary Public. 8l11te of FIorIdlI
\~j tot)' CommissIOn Ellplret Jul2S. 2011
....1:1,miff' ComlllllSillll . DO W850
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Accepted by:
A TIEST:
DANNY L. KOLHAGE, CLERK
Deputy Clerk
,,-.. '-+
MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
Mario DiGennaro, Mayor
MONROE COUNTY ATTORNEY
APP::~J~~r -
vL.- A ___~
SUSAN M. GRI EY I
ASSISTANT COUNTY ATTORNEY
Date ~.i~ cy '> CI~~P-