Resolution 058-1993
Commissioner Cheal
RESOLUTION NO. 058 -1993
A RESOLUTION RELEASING THE COVENANT OF UNITY
OF TITLE FOR LOTS 35 AND 36, BLOCK 1, YACHT
CLUB ISLAND, DUCK KEY, MONROE COUNTY, FLORIDA
WHEREAS, Barbara Thompson executed a Covenant of Unity of
Title of Lots 35 and 36, Block 1, Yacht Club Island, Duck Key, in
1990, pursuant to the then-existing Contiguous Lot Rule; and
WHEREAS, said Rule has since been declared unconstitutional
and no longer exists; and
WHEREAS, Barbara Thompson now wishes to remove any cloud
which might result from the illegally required unity of title
document previously recorded in the Official Records of Monroe
County; now, therefore
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
Section 1. That Monroe County accepts and releases the
covenant of unity to run with the land recorded at Official
Records Book 1148, Page 203, of the Public Records of Monroe
County, Florida, concerning Lots 35 and 36, Block 1, Yacht Club
Island, Duck Key.
Section 2. That the document entitled Release of Cove-
nant of Unity to Run with the Land concerning said Lots 35 and 36
be executed by the Chairman of the Board of County Commissioners
of Monroe County, Florida, and recorded in the Official Records
of Monroe County.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 10th day of February 1993.
Mayor London
Mayor Pro Tem Cheal
Commissioner Harvey
Commissioner Freeman
Commissioner Reich
(SEAL)
Attest: DANNY KOLHAGE, Clerk
BY~ I.ff c. ~~
eputy Clerk
viduckkey
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
RELEASE OF COVENANT OF UNITY TO RUN WITH THE LAND
KNOW ALL MEN BY THESE PRESENTS that the COUNTY OF MONROE, a
political subdivision in the State of Florida and BARBARA J.
THOMPSON, for good and valuable consideration, the receipt of which
is hereby acknowledged, does hereby release each party hereto from
any and all benefits and burdens, obligations, agreements,
promises, claims or demands concerning that certain Covenant of
Unity to Run with the Land dated October 11, 1990, and recorded in
Official Records Book 1148, at Page 203, of the Public Records of
Monroe County, Florida, concerning Lots 35 and 36, Block 1, Yacht
Club Island, a subdivision according to the Plat of Duck Key, as
recorded in Plat Book 5, Page 82 of the Public Records of Monroe
County, Florida in that the motivating force and consideration for
said Covenant of Unity to Run with the Land was the then Contiguous
Lot Rule contained within Monroe County's Comprehensive Land Use
Plan which subsequently has been found to be unconstitutional.
NOW, THEREFORE, in order to effectuate the release of the
Covenant of Unity to Run with the Land, the parties agree as
aforesaid to release herself from the Covenant of Unity to Run with
the Land.
IN WITNESS WHEREOF, we have hereunto set our hands and seals
on_this ~ay of July, 1992.
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Witness B
STATE OF FLORIDA)
COUNTY OF MONROE) SS:
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to
take acknowledgments, personally appeared Barbara J. Thompson, to
me known to be the person described in and who is personally known
to me, and who executed the foregoing instrument and she
acknowledged before me that she executed the same.
WITNESS my ~an~and official seal in the County
aforesaid this ~'day of ~_lY, 1992.
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Notary Public,
and Stat.e last
My Commission Expires:
~TARY PUBLIC STATE Of FLORIDA
MY COMMISSION EXP. JUNE 6.191.
BONDED THRU l8ENERAL INS. WL I
COUNTY OF MONROE, STATE OF FLORIDA
. ...-,,#
By
Chairman and Board of County
Commissioners of Monroe County,
Florida
Attest:
Clerk
STATE OF FLORIDA)
COUNTY OF MONROE) SS:
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to
take acknowledgments, personally appeared
, Chairman and Deputy
Clerk, respectively, for MONROE COUNTY, FLORIDA, a political
subdivision of the State of Florida, to me known to be the persons
who signed the foregoing instrument as such officers and severally
acknowledged the execution thereof to be their free act and deed as
such officers for the uses and purposes therein mentioned, and that
they affixed thereto the official seal of said political
subdivision, and that the said instrument is the act and deed of
said political subdivision, and that these officers are personally
known to me.
WITNESS my hand and official seal in the County and State last
aforesaid this day of July, 1992.
Notary Public, State of Florida
My Commission Expires: