Resolution 148-1983
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RESOLUTION NO. 148 -1983
RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, TO
EXECUTE A DISCLAIMER AND AGREEMENT BY AND BETWEEN
THE COUNTY OF MONROE AND JACK THOMAS, AS TRUSTEE,
RELINQUISHING ANY CLAIM OF RIGHT, TITLE OR INTEREST
IN ANY PORTION OF PROPERTY OWNED BY THE SAID JACK
THOMAS IN CAMP PLEASANT SUBDIVISION.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, as follows:
That the Mayor and Chairman of the Board of County Commissioners
of Monroe County, Florida is hereby authorized to execute a Disclaimer
and Agreement by and between the County of Monroe and Jack Thomas,
as Trustee, a copy of same being attached hereto, relinquishing any
claim of right, title or interest in any portion of property owned
by the said Jack Thomas in Camp Pleasant Subdivision.
Passed and adopted by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held on
the 27 rn day of May, A. D. 1983.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA ~ }
~~a"",- .
By /
or Chairman
(S ea 1)
Atte s t: RALPH W. E. CLERK
~ X-~J\r.dvYW\U ~. V ~ 10, l .
- 0' 0 Clerk
..
DISCLAIHER AND AGREEMENT
THIS INSTRUMENT is executed this 27th day of May
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 I, 2, 3, 4, 5, 6, 7, 8, 9, IO,
and II of CAMP PLEASANT SUBDIVISION
according to the Plat thereof, as
recorded in Plat Book I, at Page l86,
of the Public Records of Monroe County,
Florida,
~ereinafter 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:
I. 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 Floiida
Statutes Section 95.361.
2. In the event the present or future 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
ThomasProperty 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 will remove all
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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 was acknowledged before me
this day of , 1983 by
as of the COUNTY OF MONROE, a
political subdivision of the State of Florida., on behalf of
the County.
. NOTARY PUBLIC, State of Florida -
at Large
My .Commission Expires: