Resolution 210-2005
County Attorney
Resolution No.
210 -2005
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, AUTHORIZING A TRANSFER OF REAL
PROPERTY TO THE CITY OF MARATHON PURSUANT TO AN
INTERLOCAL AGREEMENT.
WHEREAS, on May 16,2001, the Board of County Commissioners for Monroe County
entered into a memorandum of understanding with the City of Marathon which included, in item
3.c, a transfer of the Marathon Yacht Club and the contiguous submerged land; and
WHEREAS, prior to the proposed transfer, questions arose regarding the County's title to
said bay bottom; and
WHEREAS, the deed from the State of Florida transferring the property to the County has
been located; and
WHEREAS, the City Council for the City of Marathon has requested via Resolution No.
2005-019, a copy of which is attached hereto as Exhibit B, that the transfer be completed; now
therefore
BE IT RESOLVED THAT THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
1. Monroe County shall transfer to the City of Marathon that parcel of submerged land
described in Exhibit A, attached hereto and incorporated herein by reference.
2. The Mayor is authorized to execute a quitclaim deed transferring said property.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting of said board held on June 15 , 2005. ~
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Mayor Dixie M. Spehar
Mayor Pro Tern McCoy
Commissioner Nelson
'ssioner Neugent
'" . oner Rice
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Yes
Not Present
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Board of County Commissioners
of Monroe County Florida
By 1i:~ );;. · ~a{L
ayor/Chairperso
Date
EXHIBIT A
"MARATHON YACHT CLUB BAY BOTTOM"
LEGAL DESCRIPTION
A parcel of submerged land being a portion of the "Greater Marathon
Chamber of Commerce Site" as more particularly described as follows:
All the riparian rights and submerged lands in Lot Three (3), Section
Ten (10), Township Sixty-six (66) South of Range Thirty-two (32) East
adjoining the Marathon Yacht Club Site as described in Exhibit A-I,
attached hereto and incorporated herein by reference, and extending
therefrom to the adjacent channels, as previously transferred from the
Florida East Coast Railway Company to the State of Florida in Monroe
County Deed Record G-6, pages 46 to 55, and thereafter conveyed to
Monroe County by warranty deed recorded in the Official records of
Monroe County in OR Book 15, pages 374 through 376.
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FILE 11243826
BKJ1707 PGt1817
LEGAL DESCRIPTION
MARATHON YACHT CLUB
A parcel of land being a portion of the "Greater Marathon Chamber of Commerce Site" as
described in the attached legal description, said parcel of land being more particularly
described as follows:
COMMENCE at the Intersecti.on of the East line of said Government Lot 3 of Section 10,
Township 66 South, Rangel32 East and the centerline of said US Highway No. 1 (State
Road No.5); thence S 74 degrees 20 minutes W along said centerline of US Highway No.
1 for 2642.55 feet;, thence N 15 degrees 40 minutes W for 50.00 feet to an intersection
with the Northerly rlght-ot-way line of said US Highway No.1; thence S 74 degrees 20
minutes W along said Northerly right-of-way line for 200.00 feet; thence N 15 degrees
40 minutes W for 440.00 feet; thence N 74 degrees 20 minutes E for 84.00 feet to the
POINT OF BEGINNING of the hereinafter described parcel of land; thence S 74 degrees
20 minutes W along the last described line for 84.00 feet; thence N 15 degrees 40
minutes W for 111 feet more or less to the mean high water line along the Northeasterly
shore of the existing yacht basin; thence meander northwesterly along said mean high
water line and along the southwesterly face of the existing concrete dock for 300 feet
more or less to the Northerly terminus of said concrete dock; thence N 74 degrees 20
minutes E for 84 feet more or less to an intersection with a line bearing N 15 degrees 40
minutes W from the POINT OF BEGINNING; thence S 15 degrees 40 minutes E along
said line for 411 feet more or less to the POINT OF BEGINNING.
MONROI COUNfY
OFFICIAL RICORDB
EXHIBIT A-I
Sponsored by: Puto
CITY OF MARATHON, FLORIDA
RESOLUTION 2005-019
A RESOLUTION OF THE CITY COUNCIL OF. THE CITY OF
MARATHON, FLORIDA, AUTHORIZING THE CITY MANAGER AND
THE CITY ATTORNEY TO TAKE THE NECESSARY STEPS TO
COMPLETE THE TRANSFER OF THE BAY BOTTOM ADJACENT TO
THE MARATHON YACHT CLUB TO THE CITY
WHEREAS, the City of Marathon, Florida (the "City") and Monroe Cowty (the
"Cowty") have entered into an interlocal agreement to transfer title of the Marathon Yacht Club
(the "Club") to the City; and
WHEREAS, the County transferred the Club land, however the bay bottom adjacent to
the Club was unintentionally omitted; and
WHEREAS, the City now wishes to complete the transaction.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MARATHON, FLORIDA, THAT:
Section 1. The above recitals are 1me and correct and incorporated herein.
Section '2. The City Manager and the City Attorney are authorized to take all steps
necessary to accept the transfer of title to the bay bottom adjacent to the Marathon Yacht.Club.
Section 3. This .resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the City Council of the City of Marathon, Florida, this
220d day of February, 2005.
AYES:
NOES:
ABSENT:
ABSTAIN:
Bartus, Bull, Mearns, Miller, Pinkus
None
None
None
EXHIBIT B
. (City Seal)
APPROVEI:l AS TO FORM AND LEGALITY FOR THE USE
AND RELIANCE OF THE CITY OF MARATHON, FLORIDA ONLY:
C'A~
Ity ttomey
G:\W-MCA\37388 - Maratbon\Resolutions\2005\Resolution 020 County Bay Bottom Lease - Marathon Yacht
Club.doc
2
This instn1q}ent prepared by,
or under tI:ie direction of,
Suzanne A. Hutton. Esq.
FBN 336122
Office of County Attorney
P.O.Box 1026
Key West, Fl. 33041-1026
QUITCLAIM DEED
THIS INDENTURE, Made this 15th day of June. 2005, by and between MONROE COUNTY,
Party of the First Part, by and through the Board of County Commissioners of Monroe County, Florida, whose
address is 500 Whitehead Street, Key West, Florida 33040, to the CITY of MARATHON, Party of the Second Part,
an municipal corporation of the State of Florida.
WITNESSETH
WHEREAS, on 5/ 16/2001 the parties entered into an interlocal agreement providing in part that the Party of
the First Part would transfer to the Party of the Second Part the bay bottom adjacent to the Marnthon Yacht Club;
WHEREAS, Party of the Second Part has formaIIy requested that the transfer be processed; and
WHEREAS, Party of the First Part has determined that it does not require the area requested for any public
purpose;
NOW, THEREFORE, TIllS INDENTURE WITNESSETH: That the Party of the First Part, in
consideration of promises contained in the above-reference interlocal agreement, does hereby remise, release and
quitclaim unto the Party of the Second Part, and assigns, forever, all the right, title and interest of the Party of the
First Part to the property herein described all that certain land situate in _Monroe County, Florida, to wit:
See Legal Description in Exhibit A, attached hereto and incorporated herein by reference
TO HAVE AND TO HOLD, the said premises and the appurtenances thereof unto the Party of the Second
SS WHEREOF, the Party of the First Part has caused these presents to be signed in its name by
Commissioners acting by the Mayor of said Board, the day and year first above written.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By4~ 7/;.~~
ayor DIXIE M'?SPEHAR
EXHIBIT A
"MARA THON YACHT CLUB BAY BOTTOM"
LEGAL DESCRIPTION
A parcel of submerged land being a portion of the "Greater Marathon
Chamber of Commerce Site" as more particularly described as follows:
All the riparian rights and submerged lands in Lot Three (3), Section
Ten (10), Township Sixty-six (66) South of Range Thirty-two (32) East
adjoining the Marathon Yacht Club Site as described in Exhibit A-I,
attached hereto and incorporated herein by reference, and extending
therefrom to the adjacent channels, as previously transferred from the
Florida East Coast Railway Company to the State of Florida in Monroe
County Deed Record G-6, pages 46 to 55, and thereafter conveyed to
Monroe County by warranty deed recorded in the Official records of
Monroe County in OR Book 15, pages 374 through 376.
~
FILS '1 243 8 2 6
BK.1 7 0 7 PG.1 8 1 7
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LEGAL DESCRIPTION
MARATHON YACHT CLUB
A parcel of land being a portion of the "Greater Marathon Chamber of Commerce Site" as
described In the attached legal description, said parcel of land being more particularly
described as follows:
COMMENCE at the Intersecti.on of the East line of said Government Lot 3 of Section 10,
Township 66 South, Range' 32 East and the centerline of said US Highway No. 1 (State
Road No.5); thence S 74 degrees 20 minutes W along said centerline of US Highway No.
1 for 2642.55 feet;. thence N 15 degrees 40 minutes W for 50.00 feet to an Intersection
with the Northerly right-of-way line of said US Highway NO.1; thence S 74 degrees 20
minutes W along said Northerly right-of-way line for 200.00 feet; thence N 15 degrees
40 minutes W for 440.00 feet; thence N 74 degrees 20 minutes E for 84.00 feet to the
POINT OF BEGINNING of the hereinafter described parcel of land; thence S 74 degrees
20 minutes W along the last described line for 84.00 feet; thence N 15 degrees 40
minutes W fot 111 feet more or less to the mean high water line along the Northeasterly
shore of the existing yacht basin; thence meander northwesterly along said mean high
water line and along the southwesterly face of the existing concrete dock for 300 feet
more or less to the Northerly terminus of said concrete dock; thence N 74 degrees 20
minutes E for 84 feet more or less to an intersection with a line bearing N 15 degrees 40
minutes W from the POINT OF BEGINNING; thence S 15 degrees 40 minutes E along
said line for 411 feet more or less to the POINT OF BEGINNING. '
MONROI COUNfY
OFFICIAL RICORDB
EXHIBIT A-1