4. 1st Amendment 02/21/2007
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
April 5, 2007
TO:
Suzanne A. Hutton
County Attorney
ATTN:
Kathy Peters
Executive Assistant
Pamela G. Han~
Deputy Clerk 0
FROM:
At the February 21, 2007, Board of County Commissioner's meeting the Board granted
approval and authorized execution of an Amendment to Impact Fee Interlocal Agreement
between Monroe County and the City of Key Colony Beach (City), providing for reduced
payment of impact fees for fire and deletion of payment of impact fees for roads, contingent upon
acceptance by City of a quitclaim deed of Sadowski Causeway, and authorization for the Mayor
to execute a quitclaim deed in substantially the form of the attached agenda item upon a legal
description being approved by the County Engineer and the County Attorney.
Enclosed are two duplicate originals of the Interlocal Agreement as well as the original
Quit Claim Deed for your handling. Should you have any questions please do not hesitate to
contact this office.
cc: Finance
File ./
AMENDMENT TO IMPACT FEE INTERLOCAL AGREEMENT
This Amendment to Impact Fee Interlocal Agreement for the collection and distribution of
impact fees is entered into by and between Monroe County (County), a political subdivision of
the State of Florida, and the City of Key Colony Beach (City), a municipal corporation, under the
authority granted in Sec. 163.01, FS.
WHEREAS, the parties entered into an interlocal agreement on July 8, 1998, to provide
for the collection of impact fees by the City before issuing a building permit, unless the proposed
development is exempt from impact fees, under Chapter 9.5, Art. X, Monroe County Code; and
WHEREAS, said agreement called for the remittal by City to County of 50% of
transportation impact fees collected and 100% of the fire protection/EMS facilities impact fees
collected; and
WHEREAS, under a separate interlocal agreement between the parties regarding the
reconstruction/renovation of the Sadowski Causeway Bridge, and dated July 15, 2003, the
parties agreed to share in the reconstruction/renovation costs, that the County would transfer to
City and City would accept either the easement from the State or a quitclaim deed if County can
get State to quitclaim the bridge and causeway to County, and to terminate the requirement for
the transportation fees to be remitted by City to County when the County's obligations under the
agreement for bridge reconstruction/renovation were fulfilled; and
WHEREAS, under a separate interlocal agreement between the parties regarding the
reconstruction/renovation of the Sadowski Causeway Bridge, and dated February 16, 2005, the
parties agreed to the share of each of the costs of the bridge project and the mechanism for
payment; and
WHEREAS, the City has assumed sole responsibility for its fire protection/EMS
responsibilities except for the "TraumaStar' or helicopter ambulance transport and mutual aid
from other governmental entities; and
WHEREAS, it is deemed that transportation impact fees and a significant portion of the
fire protection/EMS facilities impact fees are no longer required to be paid to County to
accommodate growth; now therefore:
The parties hereby covenant and agree as follows:
Section 1. Section 2(c)(1) of the Agreement, which read: "A transportation impact fees trust
account with the proceeds used exclusively for the capital expansion of the County's and City's
major road network system located in the Middle Keys impact fees subdistrict depicted in Chap.
9.5,Exhibit A, Monroe County Code, copy of which is attached and incorporated into this
interlocal agreement."
shall be deleted.
Section 2. Section 3(a)(1) of the Agreement, providing for payment of fees, shall be amended
to read:
1) 0 % of the transportation impact fees collected;
Section 3.
Section 3(a)(4) of the Agreement shall be amended to read:
4) 5 % of the fire protection/EMS facilities impact fees collected;
Amcnd Impact Fee !LA KeB 2007
Section 4. This interlocal agreement will take effect when a certified copy is filed with the Clerk
of the Circuit Court for Monroe County and the City Clerk of Key Colony Beach
Section 5. All other provisions of the interlocal agreement entered July 8, 1998, not
inconsistent herewith shall remain in full force and effect.
PA~~Q ADOPTED by the parties on the dates indicated respectively below.
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ATTEST:
VICKIE L BOLLINGER
By:~{juJ- t ~_
City Clerk
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MONROE COUNTY ATT
APJ'.ROVED AS
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Amend Impact Fee !LA KeB 2007
T~is instrument prepared by,
or under the direction of,
Suzanne A. Hutton. Esa.
FBN 336122
Office of County Attorney
P.O.Box 1026
Key West, FI. 33041-1026
QUITCLAIM DEED
THIS INDENTURE, Made Ihis 21" day of February, 2007, by and belween 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 KEY COLONY BEACH, a municipal
corporation of the State of Florida, and Party of the Second Part.
WITNESSETH
WHEREAS, Party of the Second Part has requested transfer of Sadowski Causeway subsequent to the joint
participation of the parties in renovation/replacement of the causeway bridge; and
WHEREAS, Party of the First Part has determined that the Sadowski Causeway is not needed for County
purposes and that the State of Florida makes no claim to said causeway;
NOW, THEREFORE, THIS INDENTURE WITNESSETH: That the Party of the First Part, in
consideration of the Party of the Second Part taking over full responsibility for maintenance and liability for said
right of way, 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
Part.
TO HAVE AND TO HOLD, the said premises and the appurtenances thereof unto the Party of the Second
BOARD OF COUNTY COMMISSIONERS
OF MO~OE COUNT?,., p'cgRIDA
By: /J2~ u:~'NXI~--
Mayor
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Date
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LEGAL DESCRIPTION PREPARED AT REQUEST OF CLIENT:
THAT PORTION OF LAND AND WATER KNOWN AS KEY COLONY BEACH CAUSEWAY (ALSO
KNOWN AS SADOWSKI CAUSEWAY & 6TH STREET) AS RECORDED IN PLAT BOOK 3, PAGE
120, SECTIONS 5 & 8, TOWNSHIP 66 SOUTH, RANGE 33 EAST, ON CRAWL KEY NO.2,
SHELTER KEY AND ADJOINING BAY BOTTOM LANDS, MONROE COUNTY, FLORIDA, PUBLIC
RECORDS, ALSO KNOWN AS PARCEL 'A' AND A PART OF THE WESTERLY 100 FOOT OF
PARCEL 'B' OF SAID PLAT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS
AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EASTERLY LINE OF SAID SECTION 5 AND THE
CENTER LINE OF THE OVERSEAS HIGHWAY (ALSO KNOW AS U.S, HIGHWAY NO.1). BEAR
SOUTH 67 DEGREES 38 MINUTES 00 SECONDS WEST, ALONG SAID CENTERLINE, FOR A
DISTANCE OF 1560.69 FEET, TO A POINT OF CURVE; THENCE BEAR ALONG A TANGENTIAL
CURVE TO THE RIGHT WITH A RADIUS OF 2864.93 FEET AND A CENTRAL ANGLE OF 10
DEGREES 13 MINUTES 00 SECONDS, A DISTANCE OF 510.83 FEET, TO A POINT OF
TANGENCY; THENCE BEAR SOUTH 77 DEGREES 51 MINUTES 00 SECONDS WEST, ALONG
SAID CENTERLINE, FOR A DISTANCE OF 14.92 FEET TO A POINT; THENCE BEAR AT RIGHT
ANGLES, SOUTH 12 DEGREES 09 MINUTES 00 SECONDS EAST, FOR A DISTANCE OF 50 FEET
TO THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID OVERSEAS HIGHWAY AND THE POINT OF
BEGINNING FOR A BASE LINE OF A RIGHT-OF-WAY FOR A CAUSEWAY 50 FOOT IN WIDTH,
LYING ON THE EASTERLY SIDE OF SAID BASE LINE; THENCE CONTINUE SOUTH 12 DEGREES
09 MINUTES 00 SECONDS EAST, FOR A DISTANCE OF 1120.67 FEET, TO THE SOUTHERLY
END OF THE BRIDGE; THENCE CONTINUE SOUTH 12 DEGREES 09 MINUTES 00 SECONDS
EAST, SAID BASE LINE BECOMING THE CENTER LINE OF A RIGHT-OF-WAY 100 FOOT IN
WIDTH, FOR A DISTANCE OF 1886.90 FEET, TO THE SOUTHERLY END OF SAID PARCEL 'A'
AND THE POINT OF BEGINNING OF PARCEL 'B'; THENCE CONTINUE BEARING SOUTH 12
DEGREES 09 MINUTES 00 SECONDS EAST, ALONG SAID BASELINE EXTENDED, FOR A
DISTANCE OF 1455.54 FEET, TO THE SOUTHERLY TERMINUS OF SAID KEY COLONY BEACH
CAUSEWAY AND END OF THIS BASELINE OF A RIGHT OF WAY 100 FOOT IN WIDTH, ALL AS
SHOWN ON SAID PLAT. CONTAINING AN AREA OF 390,277.906, PLUS OR MINUS, SQUARE
FOOT (8.960 ACRES, MORE OR LESS).
ACCORDING TO THE ATTACHED SKETCH OF LEGAL DESCRIPTION BY JOHN PAUL GRIMES,
III, REGISTERED FLORIDA SURVEYOR AND MAPPER NUMBER 4906, DATED 03/21/07 AND BY
THIS REFERENCE MADE A PART HEREOF.
PREPARED 03/21/07
~&
B .' JOHN P L RIMES, III
REGISTE D FLORIDA
SURVEYOR AND MAPPER NO. 4906
#14 6th STREET, P.O. BOX 510403
KEY COLONY BEACH, FLORIDA,
33051-0403
PH. (305) 743-4510 FAX (305) 743-3277
PREPARED FOR:
CITY OF KEY COLONY BEACH
P.N.070304WL.CAD
PAGE 1 OF 2
P,N, 070304 ,JG
SKETCH OF LEGAL DESCRIPTION r CI IF KEY COLONY BEACH, SECTIONS 5 & 8—E 3, CRAWL & SHELTER KEY
LEGAL DESCRIPTION PREPARED AT REQUEST OF CLIENT: 11 /
THAT PORTION OF LAND KNOWN AS KEY COLONY BEACH CAUSEWAY (ALSO KNOWN 0 C. J
&
AS SADOWSKI CAUSEWAY 6th STREET) AS RECORDED IN PLAT BOOK 3, PAGE <<V • / , /
120, SECTIONS 5 & 8-66-33, CRAWL KEY NO. 2, SHELTER KEY AND ADJOINING
BAYBOTTOM, MONROE COUNTY, FLORIDA, PUBLIC RECORDS, ALSO KNOWN AS
/
PARCEL 'A' AND A PART OF THE WESTERLY 100 FOOT OF PARCEL 'B' OF SAID , /
PLAT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS ri FOLLOWS:(SEE ATTACHED) I 0 m>
W 'col - R��N \GN z
S77°51, Co)\ \, GENS_PS 00'� cP z
4 1 • 0� ��1 69 �0) rT1
60 o) o
etp 0•B << >> �R�`N N CENTERLINE
PARCEL A (1cuRVE DATA c D) CA
ARC=510. 83' CA
RADIUS=2864. 93'
N, 0 CENTRAL ANGLE=10° 13' 00°
c�9 TANGENT=256. 52'
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END 1 Do R
0 BRIDGE
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eon \ . 1..‹
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SCALE L/1~ cm 0 v
1" = 400' � � �-3a�' ��
ABBREVIATIONS z- o
R/W
= RL HT—OF—WAY .C9 y� —1
(P)(M) = MEASURED 7 �� �� tt
C) = CALCULATED r
(0) = DEED/DESCRIPTION Z
P.O.C. = POINT OF COMMENCEMENT
P.O.B. = POINT OF BEGINNING
P.C. = POINT OF CURVE ��
P.I. = POINT OF INTERSECTION
P.T. = POINT OF TANGENT
Q = CENTERLINE
TYP. = TYPICAL
'LY = ERLY R/W
A.K.A. = ALSO KNOWN AS r p.0.B.' 1 DO'
ALL ANGLES ARE 90' UNLESS OTHERWISE NOTED. PARCEL "B' -/�
This certifies that the SKETCH AND LEGAL 1-0
DESCRIPTION as shown above was made under
my supervision and the SKETCH meets the -0\73A (r) V-1-1
"Minimum Technical Standards" set forth by the
Florida Board of Professional Land Surveyors in �1� N -z.Chapter 61G17-6, Florida Administrative Code, ] I
pursuant to Section 472.027, Florida Statutes. co
Dote SKETCH completed 03L211D7 cs lo, ��
SKETCH AND LEGAL DESCRIPTION .] o
FOR THE BENEFIT OF: • N 1 / 0 '�
CITY OF KEY COLONY BEACH Lo �J
BOARD OF COUNTY COMMISIONERS OF
MONROE COUNTY, FLORIDA
LAW OFFICES OF THOMAS D. WRIGHT, CHARTERED 'Q O I 0
�� �- 73
�7 �
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,,e��p I I EN�ER�INE �RIvE
TN
PAUL CRIME. III, .. & M., NO. 4906VALID WITHOUT SIG ATURE ORIGINAL RAISED SEALSKETCH IS N07 AS'^ :LE.SKETCH SUBJECT TO A TITLE SEARCH.
1 -J
J.P. GRIMES, REGISTERED FLORIDA SURVEYOR AND MAPPER
P.O. BOX 510403 #14 6th STREET
KEY COLONY BEACH, FL. 33051-0403 TERMINUS
PH. (305) 743-4510 PAGE 2 OF 2
FAX (305) 743-3277 P.N. 070304 JG BASELINE `