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Resolution 300-1996 RESOLUTION NO. 300-1996 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, RENOUNCING AND DISCLAIMING ANY RIGHT OF THE COUNTY AND THE PUBLIC IN AND TO A PORTION OF BUnONWOOD lANE AND AN UNNAMED 20' ALLEY LOCATED IN HIBISCUS PARK SUBDIVISION, KEY LARGO, FLORIDA. WHEREAS, the Board of County Commissioners of Monroe County, Florida, desires to renounce and disclaim any right of the County and the public in and to the hereinafter described streets, alley-ways, roads or highways, and WHEREAS, due notice has been published and a public hearing has been held in accordance with Chapter 336, Florida Statutes, and WHEREAS, at said public hearing the Board considered the argument of all parties present wishing to speak on the matter, and all premises considered concerning the renouncing and disclaiming of any right of the County and the public in and to the hereinafter described streets, alley-ways, roads or highways as delineated on the n:erejnafte~esc~Eed \,!,' -.J ;-- ~ ~:; r'1 map or plat, and :;~:::. ::,;. c- a ~ ~ 'T' , c:' WHEREAS, the Board has determined that vacation of the said rb~~:t i~for ~ general z:/z ' ::.0 --. '., - ~ ;" public welfare. and conforms to the requirement of Florida Statutes Sec.. 336.09.-and ::Sec. D U1 ?j 336.10, now, therefore, .c. .-~ BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA. that the Board hereby renounces and disclaims any right of the County and the public in and to the following described streets, alley-ways, roads or highways as delineated on the hereinafter described map or plat to-wit: Unnamed Allev: An unnamed 20' alley located between Lots 30, 31. 32, Block 2, Hibiscus Park Subdivision, Key largo, according to the Plat thereof, as recorded in Plat Book 3 at Page 166 of the Public Records of Monroe County, Florida. Buttonwood Lane: That portion of Buttonwood Lane located between lots 29 and 30, Block 2, Hibiscus Park Subdivision, Key largo, according to the Plat thereof, as recorded in Plat Book 3 at Page 1 66 of the Public Records of Monroe County, Florida; and Part of Lot 18, Block 4, Industrial Acres Subdivision, Key Largo, according to the Plat thereof, as recorded in Plat Book 5 at Page 15 of the Public Records of Monroe County, Florida. This abandonment is subject to the execution of a deed purchasing Lots 29 and 30, Block 2, Hibiscus Park, Monroe County, Florida: PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Commissioner Douglass Commissioner Harvey Commissioner London Commissioner Reich Mayor Freeman yes yes yes yes -yes BY~~ Depu C1er BOARD OF COUNTY COMMISSIONERS . OF MONROE COUNTY, FLORIDA ,u_.._.~; ~~~-l~~ By Mayor/Chal an (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK MONROE COUNTY OFFICIAL RECORDS FILE 198 1 0 2 3 BU 1 4 3 5 PG.1 278 RCD Dee 20 1996 i9,26AM DANNY L KOLHAGE, CLERK DEED DOC STA~Jb ~37.50 12f20/1996 -L!:- )EP CLK Grantee S.S.# [Space Above This Line for Recording Datal WARRANTY DEED This Ind8nturemadethis~daYOf U.t."'''''l'Hbev ,1996 BETWEEN LANDMARK EQUITY CORP., a Florida Corporation, 01 2106 NE 65TH STREET, FT. LAUDERDALE, Fl 33308. GRANTOR', and MONROE COUNTY, a land authority under Section 380.0663(1), Florida Statutes end Monroe County Ordinance No. 031-1986 of 3706 N. Roosevelt Blvd" Suite 1, Key West, FL 33040, as GRANTEE'. WIT N E SSE T H, That said Grantor, for and In considllrlltlon of the sum of TEN AND OO/loo'S ($10,00) DOllars and other good and valuable considerations to said grantor In hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted. bargained and sold to the grantee and grantee's heirs lor~ver the following described land located In the County of MONROE, State of Florida, to-w~: LOTS 29 AND 30, BLOCK 2, HIBISCUS PARK, eccordlng to the Plat thereof, a8 recorded in Plat Book 3, at Page 166 of the Public Records of Monroe County, Florida. BY ACCEPTANCE OF THIS WARRANTY 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 RECORDED IN OFFICIAL RECORDS BOOK 1393, PAGE 1901-1922 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA. THESE COVENANTS AND RESTRICTIONS SHALL RUN WITH THE PROPERTY HEREIN DESCRIBED. IF ANY OF THE CCOVENANTS 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. RE# 00507720 & 00507730 and said grantor does hereby fully warrant the t~1e to said land, and will defend the sam! against Ihe Iawlul claims of all persons whomsoever, 'Singular and plural are interchangeable as context requires. IN WITNESS WHEREOF, Ihe grantor has caused these presents 10 be executed In ~s name, and ~s corporete seal 10 be hereunto alfbced, by its proper officers thereunto duly authorized, the day and year forst above written, WfTNE~ '/~ 7;l.~~ - (!,('~rC-1 }'Y'I. j It r- -tC IJ!Jv\,....J:I . L~ p~ bY""- L. ()we n I.....IJ\NDMARK EQUITY COR~"l by: m~is'rt~ffEf~ ~ MAXINE J. STEPH ,Vie P esldent (corporate seal) FIL8 .98 1 0 2 3 BKt 1 4 3 5 PGlll 2 7 9 MONR08 COUNT'[ OFFICUL RECORDS COUNTY OF STATE OF FlORIDA I HEREBY CERTIFY that on this day before me. an offICer duly authorized in the State and County aforesaid to lake acknowledgements. personally appeared MAXINE J, STEPHENS well known to to be the '''ice President 01 the corporation named as grantor in the foregoing dlllld,and that he acknowledged executing the same In the presence of two subscribing whnesses freely and voluntarily under authority duly \I9lIled In him by said corporation and that the seal affixed thereto is the true corporate seal of said corporation. Witness my hand and official seal in the County and Stale last aforesaid this ~ day of 1996, Drlve~s Licenses shown as identWlcatlon, ~( j<-~ .0.>> \lA.-- DLU-m bt.1 NOTARY PUBLIC COMMISSION EXPIRATION: IlEIlRA L. OWEN MY COMMISSION' CC 3tl7t1 EXPIftES: ~ 28. tl81 IIandICITIIIlI*-yPIAIIc~ Prepared by: MEYER & ERSKINE ATTORNEYS AT LAW 29872 Overseas Hwy, #1 Big Pine Key, FL 33043 7~ Serving the Florida Keys P.O. Box 1197. Tavernier, Florida 33070-1197 (305) 852-3216 Fax: (305) 852-8240 STATEMENT OF PROOF OF PUBLICATION USFS #&05580 STATE OF FLORIDA ) COUNTY OF MONROE ) Before the undersigned authority personally appeared DAVEE DOVE, who on oath, says that she is CLASSIFIED EDITOR of THE REPORTER, a weekly newspaper entitled to publish legal advertising published at Tavernier, Monroe County, Florida: that the attached copy of advertisement, being a legal ad. IN THE MATTER OF NOTICE OF ADOPTION OF RESOLUTION IN THE Court, was published in said newspaper in the issues of 1/16/97. Affiant further says that the said REPORTER is a newspaper published at Tavernier, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously published in the said Monroe County, Florida, each week (on Thursday), and has been entered as second class mail matter at the Post Office in Tavernier, in said County of Monroe, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any firm, person, or corporation any discount, rebate, commission or refund for the purpose of securing this said advertisement for publication in the said newspaper. ~~ P LV~ SEAL SWORN TO AND SUBSCRIBED BEFORE ME THIS 16TH DA Y OF JANUARY A.D. , 1221 )! ~7L) iu~ , .P!lV~ KAREN E. SILVA 1 ~ amcw. Notary Public, State of Florida MY COMMISSION EXPIRES: ~ IJW, 01 My Comm ~XPires Au; 29, 1998 , / <~_/ NOTARY PUBLIC ION OF NOUNCING NOTICE AND DISCLAIMING ANY RIGHT OF THEICOUNTY OF MONAOSDELINEATED ON A CERTAINPUBLIC IN STREET,TO A CERTAIN RECORDED PLAT NOTICE IS HEREBY GIVEN, pursuant to Chapter 336, Florida Statutes,that the Board of County Commi°sioners of Monroe County, Florida,at a meeting held on September 13,1996,duly adopted Resolution No. 300-1996, renouncing and disclaiming any rightas f of the County of Monroe and the public in and to the properly 1]rimed 31,32, m All-ei An unnamed 20'alley located between Lots 30, Block 2,Hibiscus Park Subdivision,Key L Largo, Public Records of Monroe as recorded in Plat Book 3 at Page County,Florida. ButtonwoC t.anti That portion of Buttonwood Lane located between Lots 29 and 30,Block 2,Hibiscus Park Subdivision,Key Largo according the Plat thereof,as recorded in Plat Book 3 at Page 166 of the Public Records of Monroe County,Florida;and Part of Lot 18, Block 4, Industrial Acres Subdivision,Key Largo,according to the Plat thereof,as recorded in Plat Book 5 at Page 15 of the Public Records of Monroe County, This abandonment is subject to the execution of a deed purchasing Lots 29 and 30,Block 2,Hibiscus Park,Monroe County,Florida. DATED at Key West,Florida,this 6th day of January,1996. DANNY L.KOLHAGE Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County,Florida Published:1/16/97 The Reporter Tavernier,FL 33070