CA P 04-178
IN THE CIRCUIT COURT OF THE 16TH JUDICIAL CIRCUIT
IN AND FOR MONROE COUNTY, FLORIDA
UPPER KEYS CIVIL DIVISION - JUDGE GARCIA
STEVEN G. HARRIS &
LOURDES M, SPELLMAN,
Plaintiffs,
v,
Case No,: CA P 04-178
COUNTY OF MONROE,
Defendant.
/
SETTLEMENT AGREEMENT
The Steven G. Harris and Lourdes M. Spellman, Plaintiffs, (hereinafter
"the Plaintiffs") and the Board of County Commissioners of Monroe County,
Florida, Defendant (hereinafter "the County"), hereby state as follows:
WHEREAS, the above-styled matter is an action to quiet title to a parcel of
property more fully described as follows:
A 15 foot wide section lying northerly of and adjacent to Lot 22,
Block 1, Oceana, and further described as:
Beginning at a point which is 15 feet South of the North Line of
Section 14, Township 61, South Range 39 East, Key Largo, Monroe
County, Florida, and 221,07 feet West of the East line of Lot 2, according
to Model Land Company Survey, recorded in Plat Book One, Page 68, of
the Public Records of Monroe County; and
Running North 2 degrees, 30 minutes West for 15 feet; thence
North 87 degrees 30 minutes East for 50 feet; thence South 2 degrees 30
minutes East for 15 feet; thence South 87 degrees 30 minutes West for 50
feet, to the Point of Beginning; and
which shall hereinafter be referred to as the "subject property"; and
which is depicted in composite Exhibit 2 of the Complaint, a copy said
exhibit is attached hereto and incorporated by reference herein; and
WHEREAS the parties desire to amicably resolve all issues between them
relating to this litigation, and
WHEREAS the parties further agree that it is in their best interests to
terminate the litigation so as to buy peace and to avoid further expense and
delay by entering into this Settlement Agreement,
WHEREAS the County resolved to renounce whatever interest it held in
the subject parcel on or about February 23, 1965; and
WHEREAS the County, by entering into this settlement agreement,
reaffirms the 1965 resolution of the Board to renounce whatever interest it held in
the subject property;
NOW THEREFORE, in consideration of the mutual promises and
undertakings contained herein, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
1, The County hereby acknowledges and affirms that it abandoned
any interest it held in the subject property through resolution 16-
1965 and therefore no longer has an interest or claim to the subject
property;
2. By entering into this agreement, the parties agree to waive any and
all claims that were raised or could have been raised by and/or
against each other in the above-styled action;
3. Each party shall bear its own attorney's fees and costs in
connection with this litigation;
4. Upon execution by both parties, this agreement shall be submitted
to the Court for approval;
5. Upon approval of this agreement by the Court, the plaintiff shall
dismiss this matter with prejudice as it pertains to the County;
6, The Court shall retain jurisdiction over the matter to enforce
compliance with this agreement;
7, By entering into this Settlement Agreement, the parties do not
acknowledge the merits or lack of merits of these proceedings.
Rather, the parties have entered into this agreement for the
purpose of avoiding further expense and delay inherent in litigation
of this nature,
MD~~~~u..J~4~y //~/()-oLj
Steven G, Hams, Plaintiff date
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urdes M. Spellman, aintiff date I '
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Notary
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'~put
O"ll!iff;<~ It hOof
Defendant
BOARD OF COUNTY COMMISSIONERS
OF M NROE COUNTY, FLORIDA
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