Item M5
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
04/21/04
Division: Wastewater Issues
Bulk Item: Yes
No X
Department: Wastewater Issues
AGENDA ITEM WORDING:
Approval of resolution to transfer Conch Key property (see Exhibit A) to the Florida Keys Aqueduct
Authority (FKAA) for use as a wastewater treatment site and authorization for the mayor to execute
deed.
ITEM BACKGROUND: This site was acquired by the BOCC from Florida Department of
Transportation (FDOT) for use as a wastewater treatment site in January 2003.
PREVIOUS RELEVANT BOCC ACTION: On October 16,2002 the BOCC approved acceptance
of a quit claim deed and lease documents from FDOT for this proposed wastewater treatment site.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval of conveyance to FKAA.
TOTAL COST:
N/A
BUDGETED: Yes N/A No
COST TO COUNTY:
N/A
SOURCE OF FUNDS:
N/A
REVENUE PRODUCING: Yes
No X
Year
'sk Management ~
APPROVED BY: County Atty ~
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
James L. Roberts, County Administrator
Included X To Follow Not Required_
AGENDA ITEM #.M..5-
DISPOSITION:
Revised 2/27/01
Florida Keys
Aqueduct Authority
Post Office Box 1239
1100 Ktnneoy Drive
Key West, Florida 33041-1239
Telt"phone (305) 296-2454
WYM.fkaa.com
April 6, 2004
Ms. Kim Nystrom
Land Authority
1200 Truman Annex, Suite 207
Key West, FL 33040
FAX to 305 295-5181
Dear Ms. Nystrom:
The Florida Keys Aqueduct Authority has av,larded the contracts to proceed with
construction of the wastewater systems on Baypoint and Conch Keys. The County has
previously taken title to sites on these islands that will be used for wastewater facilities.
The Florida Keys Aqueduct Authority would request that these properties now be
transferred into the ownership of the Florida Keys Aqueduct Authority, as we proceed
with construction.
It is our understanding that these items could be placed on the Commission"s April
agenda- We appreciate your assistance on this matter, if you have any questions please
contact Kirk Zuelch at 305296-2454 ext. 203.
vcr AUTHORITY
cc: Suzanne Hutton
John M. Koenig. Sr.
Chakman
Key West
Mary L. Rice
Vice-Chairman
Marathon
HMry E. Cronin
Secretaryrrreasurer
Key Largo
E1ifla Z, Herrera
Rockland Key
R0S9 Dell
Big Pine Key
James C, Reynolds
Executive Director
Resolution No.
-2004
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, AUTIlORIZING A TRANSFER OF
REAL PROPERTY TO THE FLORIDA KEYS AQUEDUCT
AUTHORITY FOR PURPOSES OF ESTABLISHING A WASTEWATER
TREATMENT FACILITY ON CONCH KEY.
WHEREAS, the County Commission recognizes that the issue of wastewater treatment is of
substantial importance to the health and welfare of the residents of Momoe County; and
WHEREAS, the Florida Keys Aqueduct Authority has applied for the transfer of property on
Conch Key for the establishment of a wastewater treatment facility; and
WHEREAS, Monroe County has surplus real property on Conch Key which is suited to use as
the site of a wastewater treatment facility; and
WHEREAS, in accordance with F.S. 125.38, it is deemed in the interest of public health and
welfare that said property be transferred to the Florida Keys Aqueduct Authority; now therefore
BE IT RESOLVED THAT mE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA:
1. Shall transfer to the Florida Keys Aqueduct Authority that parcel of property situated on
Conch Key, 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 Momoe County, Florida
at a regular meeting of said board held on , 2004.
Mayor Nelson
Mayor Pro Tem Rice
Commissioner McCoy
Commissioner Neugent
Commissioner Spehar
(seal)
Attest: Danny L. Kolhage, Clerk
Board of County Commissioners
ofMOluoe County Florida
By
By
Mayor/Chairperson
Deputy Clerk
Exhibit A
LEGAL OESCRIPTlON
Monroe County dght or way acql./!s/t/on
rrom nor/do Oepartment 0/ Transportal/on
A one hundred foot wide portion of State Rood 5 (U.S. Highway 1) right of way in
fractional section 14 & 15, Township 65 South, Range 34 East, Monroe County, Florida,
lying south of and contiguous with the northerly right of way line of State Rood 5 from
Station 148+00 to Station 159+00 os shown on Florida Deportment of Transportion Right
of Way Map, Section 90050-2509, sheet 12 of 28; inclusive also of the following parcel
of land conveyed to the State of Florida Deportment of Transportation in O.R. 1714, P.
659:
Commence at the intersection of the southwesterly right of way line of South Conch
Avenue extended and the northwesterly right of way line of State Rood 5 (US-l); thence
S 68'33'26" W, along said northwesterly right of way line of State Rood 5 0 distance of
10.00 feet to the Point of Beginning; thence continue along said northwesterly right of way
line and the southeasterly line of Lot 1, according to the plot of "Conch Key A Subdivision ",
os recorded in Plat Book 2, Page 130 of the Public Records of Monroe County, Florida, a
distance of 46.55 feet; thence N 22'48'19" E, 0 distance of 39.40 feet to a point on the
aforesaid southwesterly right of way line of South Conch Avenue; thence S 6716'34" E, along
said southwesterly right of way line 0 distance of 30.51 feet; thence S 00'38'26" W along
the easterly line of said Lot 1 0 distance of 7.52 feet to the Point of Beginning, contoining
763 square feet.
Less and except a parcel of land conveyed to Donald J. and Shelia R. Holladay in OR.
1724, P. 1912. said parcel being more particularly described os follows:
Commence at the intersection of the southwesterly right of way line of South
Conch Avenue extended and the northwesterly right of way line of State Rood 5; thence
S 68'33'26" W along the said northwesterly right of way line of State Rood 5 0 distance
of 56.55 feet to the Point of Beginning; thence S 22'48'19" W, 0 distance of 47.25 feet
to 0 point on 0 line drown between point "A" and point "8" of the description of Conch
Key Fire Station os recorded in Official Records Book 761, Pages 1773 through 1775;
thence N 5719'19" W along said line 0 distance of 41,77 feet to the aforesaid point "A",
said point "A" being 0 point on said northwesterly right of way line of State Rood 5; thence
N 68'33'26" E along said northwesterly right of way line, 0 distance of 57,45 feet to the
Point of Beginning, containing 972 square feet.
The total amount of right of way to be conveyed in this document is 109,791 square feet.
The bearings used in these legal descriptions ore based on Florida Department of Transportation
Right of Way Map, Section 90050-2509, sheet 12 of 28.
CERTIFIED TO:
FLORIDA DEPARTMENT OF
TRANSPORTA nON
Please see Sheet 2 for
the sketch of the legal
description. This sheet is
not valid without Sheet 2.
MONROE COUNTY ENGINEERING DEPARTMENT
10600 AVIATION BOULEVARD MARATHON, FLORIDA 33050
305- 289- 6074
Florido Deportment
ItemlSegment No,:
W.P.1. No,'
State Project No.:
F ederol Project No.,
State Rood No,:
County:
Porcel No 6015
of Tronsportotion, District VI
2503081
616663
90050
N /A
5/US 1/0verseos Highwoy (Gulfside. MM63)
Monroe
Sheet 1 of 2
This legal description was written under
my direct supervision and is true and
correct to the best of my knowledge
and belief.
7-08-02
~
8-28-02
02-02
none
65 South
WN BY:
J. Wilder
RANGE
SEcnON
CHECKED BY:
34 E osl
14 & 15
OUNTY
Monroe
2
Exhihit A
Page 2
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SKETCH OF LECAL DESCR/PTlON
Monroe County right 0/ woy ocqulsltlon
/rom florida Oeportment 0/ Transportation
~~
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........
Sta. 15.9+00
.200' LT.
.-'
.-'
P.O.B.
P.O.C.
IP
ND
PC
~
P
C
M
D
F
S
if
w
- Point of Beginning
- Point of Commencement
- Iron Pipe
- Nail & Disk
- Pipe & Cap
- centerline
Plat
- Calculated
- Measured
Deed
Found
- Set
- utility pole & guy wire
- waterline
Please see Sheet 1 for
the legal description. This
sheet is not valid or complete
without Sheet 1.
\":>":>"c:IJ
The information shown on this sketch was
taken from a plat of Conch Key recorded
in Plat Book 2, Page 130: Florida Department
of Transportation Right of Way Map Section
90050-2509, sheet 12 of 28; lease descriptions
for lease parcels 6002, 6003, 6081 and 6128:
a deed recorded in O.R. 1714, P. 659; and
a field survey locating a limited amount of
topographic features, right of way points and
lease comers.
Certification: Certified for Sketch of Legal
Description
I hereby certify that this sketch meets the
Minimum Technical Standards as set forth by
the Florida Board of Professional Surveyors
and Mappers in Chapter 61 G 17 -6. Florida
Administrative Code, pursuant to Section
472.027, Florida Statutes. This sketch was
performed under my direct supervision and
is true and carrect to the best of my
nowledge and belief.
a~6-=~-=-.pz:
PSM 6042
SID. '~rtJtr
.201)' LT. _
...._Nt""-
....---
LEGEND
CERTIFIED TO:
flORIDA DEPARTMENT OF
TRANSPORTATION
MONROE COUNTY ENGINEERING DEPARTMENT
10600 AVIATION BOULEVARD, MARATHON, FLORIDA 33050
305-289-6074
e signature ond original raised
a of a ori Licensed Surveyor and Mapper
this drawing, map, plot, or sketch is for
informational purposes only and is not valid.
200 0 200 400
~~~~
Florido Deportment
Item/Segment No,
W.P.1. No,'
State Project No..
Federol Project No,:
State Rood No:
County:
Porcel No 6015
of Tronsportotion, District VI
2503081
616663
90050
N/A
5/US 1/0verseos Highway (Gulfside, MM63)
Monroe
Sheet 2 of 2
FlLD DATE:
WORK: 7-08-02 8-28-02
FIELD 5 ALE:
BOOK: 02-02 I" ~ 200'
TOWNSHIP 65 South DRAWN
J, Wilder
RANGE CHECKED BY:
34 East J Wilder
SECTION OWG. NAME:
14 & 15 us 1 conch.dwg
Monroe 2
"It "'&,"''''. ILU\" uIH..\,rUUII Ul,
Suzanne A. Hutton. Esq.
FBN 336122
Office of County Attorney
P.O.Box 1026
Key West, PI. 33041-1026
QUITCLAIM DEED
THIS INDENTURE, Made this day of , 2004, 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 FLORIDA KEYS AQUEDUCT AUTHORITY,
Party of the Second Part, a special district of the State of Florida with offices at 1100 Kennedy Drive, Key West,
Florida 33040.
WITNESSETH
WHEREAS, Party of the First Part did heretofore acquire title to a parcel of property, on Conch Key,
Florida. as recorded in Official Records Book 1848 at Page 2315 of the Public Records of Monroe County Florida;
and
WHEREAS, Party of the Second Part desires to obtain said parcel for purposes of establishing a wastewater
treatment plant; and
WHEREAS, Party of the First Part deems a transfer to Party of the Second Part to be in the best interest of
the residents of Monroe County; and
WHEREAS, prior to the adoption of the resolution authorizing said transfer of said property, there has been
published at least once a week for two weeks, the proposed transfer ofland, as required by F.S. 125.35;
NOW, THEREFORE, THIS INDENTURE WITNESSETH: That the Party of the First Part, in
consideration of acceptance of title to said property by the Party of the Second Part for a public purpose, 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 on Conch Key, in
Momoe County, Florida, to wit:
See Legal Description in Exhibit A, attached hereto and incorporated herein by reference
Part.
TO HAVE AND TO HOLD, the said premises and the appurtenances thereofwto the Party of the Second
IN WITNESS WHEREOF, the Party of the First Part has caused these presents to be signed in its name by
its Board of COlDlty Commissioners acting by the Mayor of said Board, the day and year fIrSt above written.
(OFFICIAL SEAL)
A TrEST:
DANNY L. KOLHAGE
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
Deputy Clerk
By:
Mayor
Exhibit A
LECAL DESCR/PTlON
Monroe County right or way acquisition
Trom Florida Oepartment or Transportation
A one hundred foot wide portion of State Rood 5 (U.S. Highway 1) right of way in
fractional section 14 & 15, Township 65 South, Range 34 East. Monroe County, Florida,
lying south of and contiguous with the northerly right of way line of State Rood 5 from
Station 148+00 to Station 159+00 os shown on Florida Department of Transportion Right
of Way Map, Section 90050-2509, sheet 12 of 28; inclusive also of the following parcel
of land conveyed to the State of Florida Department of Transportation in O.R, 1714, p,
659:
Commence at the intersection of the southwesterly right of way line of South Conch
Avenue extended and the northwesterly right of way line of State Road 5 (US-1); thence
S 68'33'26" W, along said northwesterly right of way line of State Road 5 a distance of
10.00 feet to the Point of Beginning; thence continue along said northwesterly right of way
line and the southeasterly line of lot 1, according to the plat of "Conch Key A Subdivision ",
as recorded in Plat Book 2, Page 1 30 of the Public Records of Monroe County, Florida, 0
distance of 46.55 feet: thence N 22'48'19" E, 0 distance of 39.40 feet to a point on the
aforesaid southwesterly right of way line of South Conch Avenue; thence S 67'16'34" E, along
said southwesterly right of way line 0 distance of 30.51 feet; thence S 00'38'26" W along
the easterly line of said lot 1 a distance of 7.52 feet to the Point of Beginning, containing
763 square feet.
less and except 0 parcel of land conveyed to Donald J. and Shelia R. Halladay in O.R.
1724, P. 1912, said parcel being more particularly described as follows:
Commence at the intersection of the southwesterly right of way line of South
Conch Avenue extended and the northwesterly right of way line of State Road 5: thence
S 68'33'26" W along the said northwesterly right of way line of State Rood 5 a distance
of 56.55 feet to the Point of Beginning; thence S 22'48'19" W, a distance of 47.25 feet
to a point on 0 line drown between point "An and point "B" of the description of Conch
Key Fire Station as recorded in Official Records Book 761, Pages 1773 through 1775;
thence N 57'19'19" W along said line a distance of 41.77 feet to the aforesaid point "A",
said point "A" being 0 point on said northwesterly right of way line of State Road 5; thence
N 68'33'26" E along said northwesterly right of way line, a distance of 57.45 feet to the
Point of Beginning, containing 972 square feet.
The total amount of right of way to be conveyed in this document is 109,791 square feet.
The bearings used in these legal descriptions are based on Florida Department of Transportation
Right of Way Map, Section 90050-2509, sheet 12 of 28.
CERTIFIED TO:
FLORIDA DEPARTMENT OF
TRANSPORTA liON
Please see Sheet 2 for
the sketch of the legal
description. This sheet is
not valid without Sheet 2.
MONROE COUNTY ENGINEERING DEPARTMENT
10600 AVIATION BOULEVARD MARATHON, FLORIDA 33050
305-289-6074
Transportotlon, District VI
2503081
616663
90050
N/A
5/US 1/0verseas Highway (Gulfside, MM63)
Monroe
Sheet 1 of 2
Florida Deportment of
Item/Segment No..
W.P.1. No.:
State Project No.:
Federol Project No.
State Rood No,:
County:
Porcel No: 6015
This legal description WQS written under
my direct supervision (lnd is true and
correct to the best of my knowledge
and belief.
WORK: 7-08-02
FIELD
BOOK: 02-02
TOWNSHIP 65 South
AA/IICE
34 Eost
SEcnON
14 & 15
UN 2
Monroe
SI<7. ,~~(J(}-'
.2(}()' LT. _
p;t-
.-
-'
Exhibit A
Page 2
1- i;
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SKETCH OF LECAL DESCR/PTlON
Monroe County right of way acquisition
from florida Oepartment or Transportation
~~
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St~. '5.9~(J(}
2(J(}' L T.
....
.....
CERTIFlED TO:
FLORIDA DEPARTMENT OF
TRANSPORTATION
for Sketch of Legal
meets the
LEGEND
P.O.B.
P.O.C.
IP
NO
PC
~
P
C
M
o
F
S
t{"
w
- Point of Beginning
- Point of Commencement
- Iron Pipe
- Nail & Disk
- Pipe & Cop
- centerline
Plot
- Calculated
- Measured
Deed
Found
- Set
- utility pole & guy wire
- woterline
Please see Sheet 1 for
the legal description. This
sheet is not valid or complete
without Sheet 1.
nle e signature and original raised
a of a ori Licensed SUfVeyor and Mapper
thiS drawing, map, plat, or sketch is for
informational purposes only and is not valid.
200 0 200 400
~~~~
MONROE COUNTY ENGINEERING DEPARTMENT
10600 AVIATION BOULEVARD, MARATHON, FLORIDA 33050
305- 289-6074
8-28-02
Florida Deportment
Item/Segment No.
W.P.1. No,:
State Project No.:
Federal Project No..
State Rood No.:
County:
Porcel No: 6015
of Tronsportotion, District VI
2503081
616663
90050
N/A
5/US 1/Overseas Highway (Gulfside, MM63)
Monroe
Sheet 2 of 2
2