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 /
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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: