Resolution 199-1989Monroe County Commission
RESOLUTION NO. 199 -1989
A RESOLUTION OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING
THE MAYOR/CHAIRMAN OF THE BOARD TO EXECUTE AN
AGREEMENT FOR EXCHANGE OF REAL PROPERTY BETWEEN
THE SCHOOL BOARD OF MONROE COUNTY, FLORIDA, AND
THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, CONCERNING THE PURCHASE OF
TRUMAN ELEMENTARY SCHOOL.
WHEREAS, the Board of County Commissioners of Monroe County,
Florida, by majority vote at its regular meeting on January 3,
1989, voted to purchase Truman Elementary School for $930,000,
now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that the Mayor/Chairman of the Board is
hereby authorized to execute an Agreement for Exchange of Real
Property between the School Board of Monroe County, Florida, and
the Board of County Commissioners of Monroe County, Florida, a
copy of same being attached hereto, concerning the purchase of
Truman Elementary School, according to the terms of said
agreement.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the day of /,'/ A.D. 1989.
(Seal)
At t e s t DANNy L KOLHAGE, Clerk
�Mw
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
AM"D t4qrQ /MV
A LE EF1L'IL�MC1;
BY
Attorney's Ofte
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
AM"D t4qrQ /MV
A LE EF1L'IL�MC1;
BY
Attorney's Ofte
AGREEMENT FOR EXCHANGE OF REAL PROPERTY
THIS AGREEMENT made this 4� Lday of
1989, 'by and between the School Board of Monroe County, Florida,
a body corporate existing under Chapter 230, Florida Statutes,
whose principal address is 242 White Street, Key West, Florida
33040, ("School Board") and the Board of County Commissioners of
Monroe County, Florida, acting pursuant to Chapter 125, Florida
Statutes, whose principal office is 310 Fleming Street, Key West,
Florida 33040 ("County"); and
This Agreement represents the sole terms and conditions
agreed to by the School Board and the County, and any oral or
verbal agreements or understandings entered into prior to this
Agreement are hereby merged herein and extinguished.
1. Authority of County: The County warrants that it has
the authority to enter into this Agreement pursuant to Chapter
125, Florida Statutes, and more particularly under the provisions
of Sections 125.37 and 125.0355, Florida Statutes, and the School
Board may rely upon this warranty in entering into this Agree-
ment.
2. Authority of School Board: The School Board warrants
that it has the authority to enter into this Agreement pursuant
to Chapters 230 and 235, Florida Statutes, and more particularly
under the provisions of Section 230.23(2), 235.002(2), and
235.056(1), Florida Statutes.
3. Receipt of Property: The County agrees to receive
title to the following real property from the School Board in
accordance with the terms and conditions as hereinafter set
forth. The real property is situated, lies, and is in the County
of [Monroe, State of Florida, and has a legal description in metes
and bounds, to -wit:
The Truman Elementary School located at the
corner of White Street and Truman Avenue in
the City of Key West and being a part of
Monroe County and more particularly described
as follows:
Beginning at the intersection of the south-
east right-of-way line of Truman Avenue
(formerly Division Street) and the southwest
right-of-way line of Georgia Street, thence
southwest along Truman Avenue 318.5 feet to
the intersection of the southeast
right-of-way line of Truman Avenue and the
northeast right-of-way line of White Street;
thence at right angles along the northeast
right-of-way line of White Street 200 feet;
thence at right angles in a northeasterly
direction 318.5 feet to the southwest
right-of-way line of Georgia Street; thence
northwest along said right-of-way line of
Georgia Street 200 feet to the point of
beginning.
Together with all improvements and buildings now affixed and
being upon the described real property. (Hereafter "Truman
School".)
4. Value of Property: The County and the School Board
agree that the total value of Truman School is Nine Hundred
Thirty Thousand ($930,000.00) Dollars.
5. Exchange For Value: The County and the School Board
agree that the purchase price shall be paid at closing as fol-
lows:
A. Exchange of 600 Whitehead Street. The County
shall convey to the School Board title to the improved
real property having a street address of 600 Whitehead
Street, Key West, Florida, as more particularly de-
scribed in Exhibit "A" hereto. This conveyance shall
be made by deed conforming to the requirements of
Section 125.411, Florida Statutes. The County and the
School Board agree that the real property has a value
of Three Hundred Three Thousand Five Hundred
($303,500.00) Dollars. This property is subject to the
rights of B. G. Carter who holds the property pursuant
to a lease -purchase agreement. Should the unpaid
balance under the lease -purchase agreement be less than
Three Hundred ($300,000.00) Dollars at the time of
conveyance the County agrees to make up the difference
in cash.
2
B. Exchange of 614 Whitehead Street. The County
shall convey to the School Board title to the improved
real property having a street address of 614 Whitehead
Street, Key West, Florida, as more particularly de-
scribed in Exhibit "B" hereto. This conveyance shall
be made by deed conforming to the requirements of
Section 125.411, Florida Statutes. The County and the
School Board agree that the real property has a value
of Three Hundred Fifty-six Thousand Five Hundred
Dollars ($356,500.00).
C. Cash Payments. The County shall pay to the
School Board the remaining balance of the purchase
price in cash at closing.
6. Title to Truman School. At closing the School Board
shall convey to the County title to the improved real property
described above and known as Truman School. This conveyance
shall be made by good and sufficient fee simple deed.
7. Existing Leases. The County and the School Board agree
to assign each to the other any and all rights, title, and
interests to any lease or lease -purchase agreements currently in
effect on the real properties involved in this Agreement.
8. General Terms.
A. All deeds of conveyance shall convey only the
interest of the respective party in the property
described in the deed, and shall not be deemed to
warrant the title or to represent any statement of
facts concerning the same.
B. All properties shall be conveyed and accepted
in an "as is" condition and no warranties, either
express or implied, shall exist with respect to the
condition of the properties.
C. No abstract or title insurance commitment or
policy shall be issued by a'grantor in connection with
the conveyance of title to the properties. The grantee
shall have sixty (60) days from the execution of this
Agreement to satisfy itself as to the marketability of
3
title to the property or properties being conveyed to
the grantee. Any objections concerning title
irregularities, defects in survey, or other
matters relating to the merchantability of the property
shall be waived if not tendered to the grantor within
sixty (60) days of the date of this Agreement.
D. All taxes, charges, costs of recording, or
other assessments which shall be unpaid against the
properties as a result of and directly related to the
conveyance of the property shall be paid by the grant-
ors at closing.
E. Any abstracts, title insurance commitments
and policies, surveys and appraisals now in the pos-
session of the grantor of the properties shall be
delivered to the grantee within ten (10) days from the
date of execution of this Agreement for examination and
updating by the grantee. Any costs of updating or
bringing current any abstract, survey, appraisal or
title insurance policy shall be paid by the respective
grantee. At closing, the respective grantee shall have
absolute title to and retain possession of all docu-
ments described above provided by the respective
grantor.
F. Within sixty (60) days after the execution of
this Agreement, the respective grantor shall have the
right to remove from the grantor's real property any
personal property of the grantor. Any personal proper-
ty belonging to the grantor remaining on the grantor's
real property shall be deemed abandoned and may be
disposed of by the grantee, as the grantee may, in its
sole discretion, determine to be in grantees best
interest.
G. The closing shall take place ninety (90) days
from the date of the execution of this Agreement unless
modified by mutual agreement between the County and the
School Board.
4
9. Resolutions and Public Notice. The School Board and
the County agree that all resolutions and public notices required
by applicable State Statutes have or will be adopted and pub-
lished in accordance with the applicable State Statutes prior to
closing.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor/Chairman
(SEAL)
Attest Day U g0LHAGE, Clerk
SCHOOL BOARD OF MONROE COUNTY, FL
B
(SEAL)
Attest::
.uper nt en
AROMDA# TO POM
AND
BY 7
Attorow's 0AIN
r t �.� y�r
EXHIBIT A
A parcel of land on the Island of Key West, Monroe County,
Florida and being a part of Lot 2 in Square 63 according to
Whitehead's Map of the said Island delineated in February, 1829;
said parcel being more particularly described as follows: BEGIN
at the North corner of the said Square 63 and run thence SE'ly
along the NE'ly boundary line of the said Square 63 for a dis-
tance of 50.00 feet; thence SW'ly and at right angles for a
distance of 61.00 feet; thence NW'ly and at right angles for a
distance of 50.00 feet to the NW'ly boundary line of the said
Square 63; thence NE'ly along the NW'ly boundary line of the said
Square 63 for a distance of 61.00 feet back to the Point of
Beginning.
This is the same land that was conveyed to the Board of County
Commissioners of Monroe County, Florida, a political subdivision
of the State of Florida, by warranty deed recorded at OR 993/828,
Monroe County records.
_r.— y :` P °`a rF k ist.itr'.,, dy az. ti•*yi H v:'i�,
EXHIBIT B
A parcel of land on the Island of Key West, Monroe County, Flor-
ida and being a part of Lot 2 in Square 63 according to White -
head's Map of the said Island delineated in February, 1829; said
parcel being more particularly described as follows: Commence at
the North corner of the said Square 63 and run thence SE'ly along
the NE'ly boundary line of the said Square 63 for a distance of
150.00 feet to the POINT OF BEGINNING of the parcel of land being
described herein; thence SW'ly and at right angles for a distance
of 145.50 feet; thence SE'ly and at right angles for a distance
of 22.20 feet; thence NE'ly along a line deflected 90 deg 52 min
53.1 sec to the left for a distance of 45.505 feet; thence SE'ly
along a line deflected 90 deg 52 min 53.1 sec to the right for a
distance of 28.50 feet; thence NE'ly and at right angles for a
distance of 62.00 feet; thence NW'ly and at right angles for a
distance of 4.42 feet; thence NE'ly and at right angles for a
distance of 38.00 feet to the NE'ly boundary line of the said
Square 63; thence NW'ly along the NE'ly boundary line of the said
Square 63 for a distance of 45.58 feet back to the point of
beginning; SUBJECT TO AN EASEMENT for ingress and egress des-
cribed as follows: Commence at the North corner of the said
Square 63 and run thence SE'ly along the NE'ly boundary line of
the said Square 63 for a distance of• 150.00 feet; thence SW' ly
and at right angles for a distance of 100.00 feet to the POINT OF
BEGINNING of the parcel of land being described herein; thence
continue SW'ly along an extension of the preceding course for a
distance of 9.20 feet; thence SE'ly and at right angles for a
distance of 21.64 feet; thence NE'ly along a line deflected 90
deg 52 min 53.1 sec to the left for a distance of 9.201 feet;
thence NW'ly along a line deflected 89 deg 07 min 06.9 sec to the
left for a distance of 21.50 feet back to the Point of Beginning.
This is the same land which was conveyed to the Board of County
Commissioners of Monroe County, Florida, a political subdivision
of the State of Florida, by warranty deed recorded at OR 993/927,
Monroe County records.
hs r-
PA'. ABLE AT
63-775
670
BARNETT-BANK
VARRANT
DUMBER
372 PAY
- - ——.'- .. vv.v 4�V-7 f�
MONROM COWNTY, FLORIDA
CHARGE TO
IMPROVEMENT REVENUE BONDS
SERIES 1981 CONSTRUCTION ACCOUN"
.4 r
TO THE ORDER OF
C DISTRICT SCHOOL BOARD OF
MONROE COUNTY
IMPROVEMENT REVENUE BONDS
SERIES 1981 CONSTRUCTION ACCOUNT
AMOUNT
9/12/89 6� $ 297,000.00
AUTHORIZED IN "OPEN SESSION
NOT NEGOTI-ABIE
J
REMITTANCE ADVICE -DETACH BEFORE DEPOSITING CHECK
DESCRIPTION DATE ACCOUNT VOUCHER
NUMBER NUMBER
RE; CLOSING FOR
TRUMAN SCHOOL AND
BUILDING AT 614 `ELITMMO 8T.
BALANCE DUE SCHOOL BOARD
ACCT 1301-501000-513620
.. f
-
1
3
VOUCHER 372
AMOUNT I BALANCE
$297,000.00
`r t
AUDITED AND APPROVED FOR PAYMENT
ink � �MAIRMAN
5F
rai � CLERK CIRCUIT COURT—EX•OFFICIO CLERK BOARD
COUNTY COMMISSIONERS
DiCUTY CLERK -
CLOSING STATEMENT
COUNTY
Received from School Board:
Truman School valued at
Transferred to School Board:
1) Building at 600 Whitehead valued at
($303,500 less payments of $27,0001
21 Building at 614 Whitehead valued at
Balance due School Board:
SCHOOL BOARD
Transferred to County:
Truman School valued at:
Received from County:
1) Building at 600 Whitehead valued at
($303,500 less payments of $27,000)
2) Building at '614 Whitehead valued at
Balance due School Board:
$930,000
276,500
356,500
$297,000
$930,000
276,500
356,500