QHRRP 5000-025

Quit Claim Deeds and Easement Relocation Procedures

 

Review/update responsibility
 Architectural Review Board (ARB)
Revision
 14 Oct 2024
Reference
 CCRE Article V

Florida Statute 720.3035
Introduction
 Owners that abut to the lagoon may apply to the QH ARB for a quit claim deed.  The portion of property from the rear platted property line to the mean high-water line (elevation 5.5) can be deeded to the owner. This is required for all docks and bulkheads.
Quit claim procedures
 Follow the below procedures to process a quit claim deed…

Step Action
1 Property owner complete QHFORM 5000/8 (Quit Claim Deed and Easement Relocation Request).
2 Property owner delivers these items to the POA office…

  • completed Quit Claim Deed and Easement Relocation Request.
  • check in the amount of $1,050.00 made payable to the QHYCC Owners Association (excludes Bulkhead or any other modification review fees).  Fee includes…
    • administration fee: $350.00.
    • document preparation, courier, and recording fee: $200.00.
    • survey/legal description fee: $500.00).
3 POA office delivers items in STEP 2 to the ARB.
4 ARB contacts QH contract surveyor to survey lot for legal description based on ARB criteria previously furnished to Surveyor.
5 Surveyor sends 6 surveys to ARB.
6 ARB considers Quit Claim Deed and Easement Relocation Request and reviews survey, and may visit site, meet with bulkhead contractor, and request changes to survey if necessary to assure continuity and aesthetics of the bulkhead line.
7 If the Quit Claim Deed and Easement Relocation Request is approved, then survey is stamped “approved by ARB on (date)” and sent to QH contract attorney for preparation of Quit Claim Deed.
8 Attorney prepares deed from survey and sends to POA office for Board President’s signature.
9 Board President signs Deed and POA office sends back to Attorney for recording.  Deed is sent directly back to the property owner by Clerk after recording.
Easement relocation procedures
 Follow the below procedures to process an easement relocation request…

Step Action
1 Property owner obtains from QH contract surveyor a survey showing site plan of improvements that will encroach upon the easement and the proposed relocation of the easement with a legal description of the relocated portion (“Survey”).
2 Property owner completes QHFORM 5000/8 (Quit Claim Deed and Easement Relocation Request).
3 Property Owner delivers these items to the POA office…

  • completed Quit Claim Deed and Easement Relocation Request
  • 6 originals of the Survey,
  • check in the amount of $1,050.00 made payable to the QHYCC Owners Association.  Fee includes…
    • administration fee: $350.00.
    • document preparation, courier, and recording fee: $200.00;
    • survey/legal description fee: $500.00).
4 ARB considers Quit Claim Deed and Easement Relocation Request and reviews survey and may visit site and request changes to survey if necessary to assure compliance with CCRE.
5 ARB sends a survey to the Association’s contract engineering firm, for approval of the relocation of the easement.
6 If Quit Claim Deed and Easement Relocation Request is approved, then survey is stamped “approved by the ARB (date)” and sent to QH contract attorney for preparation of relocation documents.
7 Attorney prepares relocation documents from survey and sends to POA office for Board President’s signature.
8 Board President signs relocation documents and POA office sends back to Attorney for recording. Relocation document is sent directly back to Property Owner by Clerk after recording.
Additional procedures
 Relocation of Easement may also involve the quit claiming of additional property even though no bulkhead is being constructed so that there is the proper setback from the “rear lot line” of the improvements. If so, the following steps will also need to be added to the easement relocation procedures above.

Step Action
1 Property owner indicates on Quit Claim Deed and Easement Relocation Request that additional land will be needed to meet rear setback requirements.
2 If original survey requesting relocation of easement does not show legal description of additional land needed to meet rear setback requirements, then a new survey will be required. In this case the POA office will contact QH contract attorney and obtain required survey for an additional $350.00 fee.
3 Property Owner delivers these items to the POA office an additional quit claim deeding fee of $550.00 (includes administration fee:  $350.00; document preparation, courier, and recording fee: $200.00).  If additional surveys are required there will be an additional fee of $500.00 per survey.
4 If quit claim is approved, ARB indicates quit claim is also approved and survey sent to QH contract attorney for preparation of Quit Claim Deed in addition to relocation documents.
5 Attorney prepares deed from survey and sends to POA Office for President’s signature.
6
  • President of POA signs Deed and POA sends back to Attorney for recording.
  • Deed is sent directly back to Property Owner by Clerk after recording.
Help
 If you have any questions, please contact the ARB Coordinator at 904.221.8859 or email ARBcoord@qhycc.com.