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Resolution 282-1983 RESOLUTION NO. 282 -1983 RESOLUTION AUTHORIZING THE EXECUTION OF A DISCLAIM AGREEMENT WITH JACK THOMAS, TRUSTEE. WHEREAS, concern has arisen about an encroachment of a County road known as "Sunset Road", which is located in Monroe County, and WHEREAS, said encroachment has been determined by the County to have been done inadvertently, and that said encroachment was not intended to cause a loss of the title by the fee holder, now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the attached Disclaimer and Agreement expresses said lack of intent of the County to deprive the property holder of his title on said encroachment, and therefore, the Mayor and Clerk shall be empowered to enter into said Disclaimer and Agreement so as to evidence the same. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the \~tk day of October, A.D. 1983. BOARD OF COUNTY COMMISSIONERS OF MONROE COllNTY~ FLORIDA / r-l. I ,,/ "/ t. -LA y-.;;{.g,.,,,...-n.'.'-UtA~o;.:i#' / /' · a~rman By (Seal) " An1i'i~1 ,~~ U~ll~~T'" "lrftK ML~l . .~~. h a'. i rv. li r.~'U ~ '{~ tI\. r~ ~~. o Clerk ' BY DISCLAIMER AND AGREEMENT • • • • THIS INSTRUMENT is executed this I4i1h day- of (>21-162K.. , . 1983 by COUNTY OF MONROE, a political subdivision of the State of Florida (hereinafter referred to as the "County" ) ; WITNESSETH: • • WHEREAS, 'Jack Thomas, as Trustee, is the owner 'of the property legally described as: . Lots 1, 2, 3 , 4, 5 , 6, 7 , 8 , 9 , 10 , and 11 of CAMP PLEASANT SUBDIVISION ' according to the Plat thereof, as - . recorded in .Plat Book 1, at Page 186 , of the Public Records of Monroe County, Florida, • ' (hereinafter referred to as' the "Thomas Property" ) ; and WHEREAS, the County has :resurfaced Sunset Road which is adjacent to the Thomas Property; 'and • • WHEREAS, in the ' course of paving Sunset Road the • • County, has inadvertently encroached upon the Thomas Property • by paving a portion of the Thomas Property; and WHEREAS, the County wishes to assure the present and future owners of the Thomas Property that the County does not and will not in the future claim any interest in and to the • -- Thomas Property by virtue -of the encroachment, and to further assure them that -their rights will not otherwise be adversely affected by the encroachment; NOW, THEREFORE, the County hereby agrees in' favor of • . the present and future owners and mortgagees of the Thomas • ' Property, as follows: , 1. The County does not now nor will it ever claim any • • right, title, or interest in any portion of the Thomas - ' Property by virtue of the paving encroachment or any future • maintenance or use thereof. Without limiting the generality of the foregoing, the County waives any claims which it or ' the public might otherwise acquire by virtue of Florida Statutes Section 95. 361. 2. 'In the event the present or futures owners of the Thomas Property in their sole discretion shall at any time .find it necessary or desirable to use all or any portion of . the encroachment area (for parking or for meeting building or zoning requirements or for any other reason) or in the event the present or future owners of the Thomas Property . ever demand that the encroachment be eliminated, the County will promptly eliminate the encroachment. 3. One of the reasons . that the encroachment upon the Thomas Property occurred is that there is an existing structure located across Sunset Road directly opposite the Thomas Property which encroaches upon the dedicated right- of- way of- Sunset Road. . In the event said structure is ever • • , partially or totally demolished, the County shall promptly • extend the paving to the full width of the dedicated right- of-way and• eliminate the encroachment upon the Thomas Property. . • 4. At the time that the County eliminates the encroach- ment upon the 'Thomas 'Property, the ,County w .7. �__-- mcw.! all--___ - , . n' ,/ pavement and restore the property to the condition that existed before the encroachment occurred. IN WITNESS WHEREOF, the COUNTY OF MONROE has executed this instrument, on the date set forth above. Signed, sealed and delivered in the presence of: COUNTY OF MONROE, a political subdivision of the State of Florida BY STATE OF FLORIDA COUNTY OF MONROE ) The foregoing instrument this _ day of as political subdivision of the County. was acknowledged before me , 1983 by of the COUNTY OF MONROE, a the State of Florida, on behalf of NOTARY PUBLIC, Sta~e of Florjda at Large My Commission Expires: