1st Addendum 05/18/2005
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
May 19,2005
TO:
Richard Collins
County Attorney
ATTN:
Kathy Peters
Executive Assistant
Pamela G. Hanco~
Deputy Clerk LY
FROM:
At the May 18, 2005, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following:
Amendment to Agreement between Monroe County and the City of Marathon to continue
to provide the services of County Contractors Examining Board to Marathon through September
30,2007. Enclosed is a duplicate originalfor your handling.
.IAddendum to Lease Agreement Revision of Leased Area between Monroe County and the
Department of Transportation (DOT) for sub-lease to Islamorada Chamber of Commerce and of
Disclaimer in expired DOT lease for same property. Enclosed are three duplicate originals,
executed on behalf of Monroe County, for your handling. Please be sure to return the fully
executed ''Monroe County Clerk's Office Original" and the ''Monroe County Finance
Department's Original" as soon as possible. (Also, I did not add the date under IN WITNESS
WHEREOF as the Department of Transportation sometimes fills in the dates).
Contract No. CAY-RE-2005-04-02 for Property Appraisal Report between Monroe
County and Callaway & Price, Inc. for property located at 98970 Overseas Highway, Key Largo,
Florida. This property is proposed to be purchased for use by Habitat for Humanity of the Upper
Keys. Enclosed is a duplicate original for your handling.
Contract No. CA Y-RE-2005-04-01 for Property Appraisal Report between Monroe
County and Quinlivan Appraisal, P.A. for property located at 98970 Overseas Highway, Key
Largo, Florida. This property is proposed to be purchased for use by Habitat for Humanity of the
Upper Keys. Enclosed is a duplicate original for your handling.
Should you have any questions please do not hesitate to contact this office.
cc: Finance w/o DOT document
File ./
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Lessee: Monroe County
W.P.1. No.: 6116663
Sect/Job No: 90060
SR No.: 5, (US 1 Bayside)
Parcel No.: 6056
Addendum to Lease Agreement
Revision of Leased Area
This Agreement made this ;'ii"!:- day of ~ 2005. is an Addendum to the
Lease Agreement dated 24th May 1995 been the STATE OF FLORIDA
DEPARTRMENT OF TRANSPORTATION, (hereinafter referred to as the
DepartmentJLessor), and MONROE COUNTY, FLORIDA (hereinafter called the
CountylLessee ),
WHEREAS the Department granted the County a lease dated 24th May 1995 for a parcel
of land known as DOT Parcel 6056, and described in Exhibit "A" to the said Lease
Agreement, containing 44,192 square feet. The purpose of the agreement is to modify the
land area covered by the said Lease Agreement by excluding Parcel No. 6057 (RWMS
No. 522) containing 15,000 square feet as described in the attached Legal Description
and sketch, shown as Exhibit "A". The County agrees hereby to exclude Parcel 6057 as
described in Exhibit "A" as of the date of this agreement. All other terms and conditions
of the Lease Agreement dated 24th May 1995 shall remain unchanged and in liPI effect.
IN WITNESS WHEREOF, the parties have caused this Addendum to the Lease
Agreement to be executed on this /f711 of MAY 2005.
, !
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Monroe County, Florida
Lessee:
BY:,tJi4 >n ~
Chllirmari.~lhe Board 05/tS'/os;-
~lt~ D.C.
." . DANNy.t:KOLHAGE, Clerk
TItle. ".' .:
State of Florida Departm~
of Transportation: Lessor ~. ~
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By:
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D. Michael Schloss, Esq.
District General Counsel
EXHIBIT "A"
LEGAL DESCRIPTION
A parcel of land situate in Section 28, Township 63 South,
Range 37 East, on Upper Matecumbe, Monroe County, Florida,
being a portion of a tract of land which is designated as "Not
a part of the plat" as shown on the plat of STRA TTONS
SUBDIVISION, as recorded in Plat Book 2 at Page 38 of the
public records of Monroe County, Florida, being more
particularly described as follows:
Beginning at the intersection of the North line of Government
Lot 4 of said Section 28, with the Northwesterly Right-of-Way
Line of the Overseas Highway (State Highway No.5) as shown
on said plat; thence run S 46"08'26" W for a distance of
150.00 feet; thence run S 89'51'49" W for a distance of
144.68 feet; thence run N 46"08'26"E along the Southeasterly
line of a parcel of land described in Official Records Book 1224
at Pages 1484-1485 for a distance of 150.00 feet to a point
on the North line of said Government Lot 4; thence run N
89'51' 49" E along said North Line of Government Lot 4; for a
distance of 144.68 feet to the Point of Beginning.
Containing 15,000 Square Feet, (0.3444 Acres), more or less.
Note: The bearing base for the above description is S.
46"08'26" W. as shown on Florida Department of Transportation
Right of Way Map for State Road No.5, Section 90060, Sheet
No. 25 of 32.
JOB 11<04275
CERTIFIED FOR SPECIAL PURPOSE SURVEY
I HEREBY CERTIFY THAT THIS SURVEY MEETS THE MINIMUM
TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA
BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN
CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE,
PURSUANT TO SECTION 472.027, FLORIDA STATUTES.
Florida Department of Transportation, District VI
Item/Segment No.: 4152302
Section Job No.: 99006-2590
State Road No.: 5, (U.S. 1)
County: Monroe
Parcel No.: 6057 (RWMS. 522)
LAWRENCE P. FRANK. P.L.S. #4619 DATE:
Phone (305) 664-0764 FAX (305) 664-0816
83266 OVERSEAS HIGHWAY, SUITE 500, ISLAMORADA, FLORIDA 33036
Sheet 1 of 2
EXHIBIT "A"
SKETCH OF LEGAL DESCRIPTION
Note: The bearing base for the above description is S.
46.0S'26" W. as shown on Florida Department of Transportation
Right of Way Map for State Road No.5, Section 90060, Sheet
No. 25 of 32.
POINT OF
BEGINNING
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SCALE: 1"=40'
JOB #1<04275
F.I.R FOUND IRON ROD, SIZE INDICA TED
R/W RIGHT-OF-WAY
PP POWER POLE
OHW OVERHEAD WIRE
CERTIFIED FOR SPECIAL PURPOSE SURVEY
I HEREBY CERTIFY THAT THIS SURVEY MEETS THE MINIMUM
TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA
BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN
CHAPTER 61G17-6. FLORIDA ADMINISTRATIVE CODE,
PURSUANT TO SECTION 472.027, FLORIDA STATUTES.
Florida Department of Transportation, District VI
Item/Segment No.: 4152302
Section Job No.: 99006-2590
State Road No.: 5, (U.S. 1)
County: Monroe
Parcel No.: 6057 (RWMS. 522)
LAWRENCE P. FRANK, P.LS. #4619 DATE:
Phone (305) 664-0764 FAX (305) 664-0816
83266 OVERSEAS HIGHWAY, SUITE 500, ISLAt.10RADA, FLORIDA 33036
Sheet 2 of 2
D~c~ 1518402 OS/25/2005 8:50AM
~O~R~~ ~OUNtyd ~AN~:iL~ak~LHAG~S of
Item/Segment No.:
Sect/Job No.:
State Road No.:
Parcel No.:
4152302
90060-5240
5, US 1
6056
Doc~ 1518402
Bk~ 2117 Pg~ 893
DISCLAIMER
KNOW ALL MEN BY THESE PRESENTS THAT:
WHEREAS, Monroe County, hereinafter called the County, has an ostensible or apparent
interest or record or otherwise in the property hereinafter described, although it claims no
actual interest and,
WHEREAS, the ostensible or apparent interest of the County has created a cloud on the
title of the Department of Transportation, the true owner, and
WHEREAS, the County has been asked to clarify the situation:
NOW THEREFORE, the County disclaims any and all interests in that particular lease
Agreement dated 16th August 1977 granted to the County by the Florida Department of
Transportation for property located in Islamorada, Florida as described in Exhibit "A" of
the lease agreement. Such lease agreement expired on 15th August 1992 (15 years) and
was recorded in the County of Monroe in Official Records Book 737, Pages 390-392. By
these presents the County asserts and proclaims that it has no interest at all in the
aforementioned expired lease agreement.
IN WITNESS WHEREOF, the County has caused these presents to be signed in the
name of Monroe County, Florida by the Board of County Commissioners of Monroe
County by the Chairman of the Board on the 18th day of May, 2005.
By ./1,;, J/t, ~
/Chairman of t~ Board
(7~
Attest: _~ b. c:. .
DANNY . KOLHAGE
Clerk of the Board
~
Florida Department of Transportation
JEB BUSH
GOVERNOR
Right of Way Administration
1000 NW 11th Avenue, Room # 6105B
Miami, Florida 33172
JOSE ABREU
SECRETARY
March 23, 2005
Docl:t 1!518402
Bkl:t 2117 Pgl:t 894
Suzanne A. Hutton, Esq
Assistant County Attorney
County of Monroe
310 Fleming Street, Room 29
Key West, Florida 33040
Subject: Disclaimer and Addendum to Leases between Monroe County and FDOT
Applicant
Item Segment No.
Sect/Job No.
Federal Job No.
State Road No.
County
Parcel No.
Patrie & Melinda Sheldon
2502681
90060- 2517
N/A
5, (US1, Bayside)
Monroe, Islamorada MM 82.5
6056 (and 6057 - the Sheldon Parcel)
Dear Ms. Hutton:
This is to confirm our brief telephone conversation several weeks ago regarding the two leases
granted to Monroe County by the Florida Department of Transportation in 1977 and 1995 for a
parcel of land at MM 82.5 used by the Islamorada Chamber of Commerce.
The first lease agreement was granted to Monroe County in 1977 for a 15 year period for a parcel
of land known as part Parcel No.2 comprising 44,192 sq.ft.. The lease covered the area where the
caboose is located and also includes an area to the East, abutting property owned by the
Sheldons, (now known as Parcel 6057, containing 15,000 sq.ft.) The lease agreement was
recorded by the County at OR Book 737, Pages 390-392. A three year extension was requested
by the County but it was not formalized.
The recorded lease agreement, although it has expired, creates a cloud on the title. I propose
therefore that the county execute and record a Disclaimer or a Quitclaim Deed, releasing any
interest it did have in the expired lease agreement. This will enable us to clear any cloud on the
title and proceed with the sale of Parcel 6057 to the Sheldons'.
www.dot.state.fl.us
* RECYCLED PAPER
Docl:l 1518402
Bkl:l 2117 Pgl:I 895
Suzanne A. Hutton, Esq
Assistant County Attorney
Page 2
Subject: Disclaimer and Addendum to Leases between Monroe County and FDOT
Following expiry of the 1977 lease the FDOT granted the County another lease dated 24th May
1995 for a 30 year term for $1.00 per annum, with 30 days notice by either party at any time. At
the time negotiations were in progress for the 1995 lease the FDOT and the County agreed to
exclude Parcel 6057, (abutting the Sheldon property), from the new lease. The attached letter
from Alberto Villareal to you dated February 23, 1995, confirms our intentions. Prior to the
FDOT's discussions with the County the Department had discussed and agreed with the
Islamorada Chamber of Commerce to exclude this parcel from the new lease, in view of the
Sheldons' claim to access/aggress over this parcel to US 1.
Neither the County nor the Chamber makes us of this parcel. The Chamber agreed to this
reduction as evidenced by the lesser area in the sublease, 29,129 sq.ft.
However, at the time the 1995 lease agreement to Monroe County lease was executed the
original legal description containing an area of 44,192 sq.ft. was inadvertently used again as
Exhibit "A" to the document. We now need to correct this, by way of an Addendum to the Lease
Agreement reducing the current legal description by the area comprising Parcel 6057, (15,000
sq.ft.) which will then be conveyed to the Sheldons.
I will send both the Disclaimer and Addendum to Lease Agreement to you bye-mail in case you
wish to make any changes. Would you please review the solutions suggested above, the
documents attached and call me, if you have any questions. Mr. Sheldon and the Department
have agreed on a price and all the other formalities are concluded. As soon as the releases from
the County are resolved the Department can close this parcel with the Sheldons'.
I am also sending you a FDOT Right of Way Map with the areas shown for reference.
I would appreciate your attention to the foregoing, please.
.
~
en, R.P.A.
Prope Management
(305) 470 5236
MONROE COUNTY
OFFICIAL RECORDS
Sheldon Monroe Cty ltr 2