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I. Wastewater Issues BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 20, 2007 Division: Engineering Bulk Item: Yes No X Department: Wastewater Staff Contact PersonIPhone #:Elizabeth Wood/2924525 AGENDA ITEM WORDING: Approval to accept Resolution No. 04-04-07 from the Key Largo Water Treatment District. ITEM BACKGROUND: Tax notices were received for undeveloped parcels in Key Largo. A Waiver was not required for these parcels because the property shape or location was adequate documentation that development is not anticipated. Approval to accept Resolution No. 04-04-07 will remove these parcels from the tax roll and eliminate associated costs. PREVIOUS RELEVANT BOCC ACTION: NA CONTRACT/AGREEMENT CHANGES: NA STAFF RECOMMENDATIONS: Approval. TOTAL COST: $0 BUDGETED: Yes No COST TO COUNTY:$ SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH_ Year APPROVED BY: County Atty _ OMBIPurchasing _ Risk Management _ DOCUMENTATION: Included X Not Required_ DISPOSITION: Revised 11/06 AGENDA ITEM # Engineering Division MEMORANDUM To: Dave Koppel, County Engineer From: Elizabeth Wood, Sr. Administrator - Sewer Projects Date: 6/8/2007 Re: Approval to Accept Resolution 04-04-07 AGENDA ITEM WORDING: Approval to accept Resolution No. 04-04-07 from the Key Largo Water Treatment District. ITEM BACKGROUND: Tax notices were received for undeveloped parcels in Key Largo. A Waiver was not required for these parcels because the property shape or location was adequate documentation that development is not anticipated. Approval to accept Resolution No. 04-04-07 will remove these parcels from the tax roll and eliminate associated costs. PREVIOUS RELEVANT BOCC ACTION: NA CONTRACTIAGREEMENTCHANGES:NA STAFF RECOMMENDATIONS: Approval. U:\engineering\Engineering\WastewaterlAgenda Items\WASTEWATER AGENDA ITEMS 2007\June\Resolution 04-04-07\Memo Resolution 04-04- 07.doc MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: KL WTD Contract # 04-04-07 Effective Date: June 20. 2007 Expiration Date: Upon development Contract Purpose/Description: This resolution is necessary to remove undeveloped parcels from the Key Largo Water Treatment District (District) Tax Roll. If any of these parcels are developed and wastewater service is required at a later date, the then-current owner(s) shall be required to pay to the District all direct and indirect costs and expenses, including but not limited to, an amount fairly representing the special benefit that the Tax Parcel will receive, as determined by the District. The amount charged at the time of later connection is expected to be significantly greater than the 2005 non-ad valorem assessment. Contract Manager: (Name) (Ext. ) (Department/Stop #) for BOCC meeting on June 20, 2007 Agenda Deadline: June 5, 2007 CONTRACT COSTS Total Dollar Value of Contract: $ Budgeted? YesD No 0 Account Codes: Grant: $ County Match: $ Current Year Portion: $ ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date Out Date In Needed Reviewer Division Director - YesD NoD Risk Management - YesD NoD o.M.BJPurchasing - YesD NoD County Attorney - YesD NoD Comments: OMB Form Revised 2/27/01 Mer #2 RESOLUTION NO. 04-04-07 A RESOLUTION OF THE BOARD OF COMl\1ISSIONERS APPROVING THE REQUEST OF MONROE COUNTY FOR REMOVAL OF FIVE TAX PARCELS FROM THE 2006 NON-AD VALOREM ASSESSMENT; AND PROVIDING FOR APPLICABILITY AND AN EFFECTIVE DATE. WHEREAS, Monroe County has submitted documentation supporting its request for exception from the Wastewater Assessment; and WHEREAS, the documentation consists of County Records and a letter from the Engineering Division of Monroe County; and WHEREAS, the documentation states that the parcels owned by Monroe County are lands that are County Rights-of- Ways, small triangular parcels not intended for development, and a hammock located in a residential community with too little surrounding natural area to be designated Tier I; and WHEREAS, the documentation states that it is unlikely that the parcels will be developed; NOW, THEREFORE, BE IT RESOL VED BY THE BOARD OF COMMISSIONERS OF THE KEY LARGO WASTEWATER TREATMENT DISTRICT; Section 1. PARCEL ill: AKNO. PARCEL DESCRIPTION: 00546710 8835761 AMD PLAT WINSTON WATERWAYS PB4-144 KEY LARGO FIRST, SECOND PARCEL ill: 00463680 AK NO. 1567094 PARCEL DESCRIPTION BK 1 LT 5 PAMELA VILLA PB3-125 KEY LARGO OR548-388 OR712- 860 OR933-1904Q/C OR1415-1937TID(JMH) OR1923-80 OR2053-4040PARCEL ill: 00085140 AK NO. 8739788 PARCEL DESCRIPTION 12-61-39 ISLAND OF KEY LARGO PBl-68 & PB4- 130 PT LT 1 SE OF R/W (AKA ROADWAY) OR 1050-629/630 Section 2. The Key Largo Wastewater Treatment District Board of Commissioners does hereby exclude the five tax parcels designated above from the Key Largo Wastewater Treatment District's 2006 Non-ad Valorem Assessment. Section 3. APPLICABILITY AND EFFECTIVE DATE. This resolution shall take effect upon adoption by the Board of Commissioners. RESOLVED AND ADOPTED THIS 2nd DAY OF APRIL, 2007 This resolution is made in reliance upon information, representations, and documents provided by the owner of the Excluded Parcel. If, at some later date, the District determines that the information, representations, and documents contained false or misleading information material to the District's decision to designate the Tax Parcel as an Excluded Parcel, the District reserves the right, in its discretion, to revoke such designation, and to pursue all remedies at law and equity for injuries to the District caused by exclusion of the Tax Parcel. If the District in its sole discretion later provides Wastewater Service to an Excluded Parcel, the then-current owner(s) shall be required to pay to the District all direct and indirect costs and expenses, including, but not limited to, an amount fairly representing the special benefit that the Tax Parcel will receive, as determined by the District.. The undersigned understand and acknowledge that the amount charged at the time of later connection is expected to be significantly greater than the 2005 non-ad valorem assessment. I, , representative for Monroe County do hereby accept this resolution and agree that it will be recorded in the Public Record. State of County of The foregoing instrument was acknowledged before me this _ day of by ,2007, who is personally known to me or who has produced as identification. , Notary Public The foregoing RESOLUTION was offered by Commissioner .#~J/ 4/5' who moved its approval. The motion was see ed by Commissioner 13.4 (y. ,"f1,1-71I , and being put to a vote the result was as follows: . Chairman Claude Bullock Commissioner Gary Bauman Commissioner Susan Hall1ffiaker Commissioner Andrew Tobin Commissioner Norman Higgins AYE ~ ;;...- NAY ~ V ~ The Chairman thereupon declared Resolution No. 04-04-07 duly passed and adopted the 2nd day of April, 2007 KEY LARGO WASTEWATER TREATMENT DISTRICT BY: Ct~4~~> A~ik!r4- Chairman Claude Bullock ATTEST: Approved to as to form and legal sufficiency ,j /l ><~; v 0~~~j~ /7 Carol W;}Jker, Clerk . \ \\\ \ Ill,ml! (II/ ,\\\\ ;'0 WaSt/0/. ~, '(),'\"!.....o:. eft,.~ ~~ "-\ v>>~~.. 40~." ~ '~ -..;; <:Q""\? ',;;; ::;:. .2:*? Of~ ~. #' ~ ,~. .: 0. <" '1 : ::= -.- . "'.. j::;),', .'l, .- <-- : t> ~~~jt,' : ~ ..SEA .: ,=2 -:~~" ,;'q~ ."'~':" :S' - -;J<.,r/"o "'\t~ *~" ",v ,:::: <>:,: &'7,1. ~.,,~~ -~r.~'O\\ ^~~ /;,/;;fl!Jent \)\,\\\\'\ . 'ii/ii/,ii 'i\\\'\\ District Counsel, Thomas M. Dillon Page 4 of 4 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 06, 2007 Division: Engineering Bulk Item: Yes No X Department: Wastewater Staff Contact Person: Elizabeth Wood AGENDA ITEM WORDING: Approval to execute a 20' sewer utility easement agreement for Tract A of Porpoise Point Section Six, the Monroe County Public Service Building on Big Coppitt, parcel ID# 00156610-000000. ITEM BACKGROUND: Boyle engineering has identified alternate pipe layouts for the Big Coppitt collection system which will eliminate up to five pump stations from the system resulting in reduced construction and operationlmaintenance costs. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approval as stated. $0 BUDGETED: Yes NA No TOTAL COST: COST TO COUNTY: $0 SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty _ OMBlPurchasing _ Risk Management _ DOCUMENTA TION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised 8/06 Engineering Division MEMORANDUM To: Dave Koppel, County Engineer From: Elizabeth Wood, Sf. Administrator - Sewer Projects Date: 6/812007 Re: Gravity Main Easement at Tract A of Porpoise Point Section Six AGENDA ITEM WORDING: Approval to execute a 20' sewer utility easement agreement for the Monroe County Public Service Building on Big Coppitt, parcel ID# 00156610-000000. ITEM BACKGROUND: An easement is required to implement an alternate pipe layout for the Big Coppitt collection system which will eliminate a pump station from the system resulting in reduced construction and operationlmaintenance costs. The wastewater department investigated how the easement would affect the proposed construction of a training building that was discovered on the as-built drawings dated June 1995 that was in the vicinity of this easement. However, the construction of this training facility in not budgeted on anticipated in the next couple of years. Further, it is likely that the facility will be a stilt design that will not interfere with the easement or retention basin. An easement of 20.0 feet wide across this parcel will still allow enough flexibility in site design to construct the training facility. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: NIA STAFF RECOMMENDATIONS: Approval as stated. This instrument prepared by, or under the direction of, Pedro J. Mercado, Esq. FBN 0084050 Office of County Attorney P.O.Box 1026 Key West, Fl. 33041-1026 SEWER UTILITY EASEMENT THIS SEWER UTILITY EASEMENT is made this day of , 2006, by and between MONROE COUNTY, a political subdivision of the State of Florida, Grantor, whose address is 1100 Simonton Street, Kev West, FL 33040, to BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of property known as the "Big Coppitt Fire Station" situated at Big Coppitt Key on the north side of US Highway I within Section 22 Township 67 and Range 26 with physical address of 28 Emerald Road or Tract A, Porpoise Point Section Six, Big Coppitt Key, Florida described and depicted on Exhibit "A" attached hereto and made a part hereof (hereinafter "Big Coppitt Fire Station Property"); and WHEREAS, the design of the Big Coppitt Wastewater collection system for the Big Coppitt Service Area is being finalized, and WHEREAS the Grantor owns property recommended for the construction of a wastewater transmission line; and WHEREAS, the Grantee's wastewater designer recommends installation of a transmission main pipe commencing at approximately Tamarind Drive and continuing to Emerald Drive within a 20 foot wide utility easement commencing at the northern boundary of the Big Coppitt Fire Station Property totaling approximately 0.12 acres, as shown in Exhibit "A" for use, repair and maintenance, for future development and other public purposes; and WHEREAS, it is necessary for Grantee to maintain the easement over the segment of the Big Coppitt Fire Station Property for purposes of providing sewer lines, use, service, repair and maintenance; and NOW THEREFORE, in consideration of the mutual covenants and obligations contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree that the Grantor does grant to Grantee, its agents, its successors and assigns, a perpetual and non-exclusive easement on, over and above the above- described Big Coppitt Fire Station Property for the purpose of utility installation, limited ingress, egress and maintenance within said described property, providing that Grantee has the right to construct, alter, and maintain sewer, conditioned upon the Grantee restoring any of the Grantor's property disturbed in the construction, alteration, repair, maintenance and connection of said sewer lines to its original state and Grantee holding Grantor harmless for the acts and omissions of its officers, employees, agents and contractors, and upon the representation that Grantee is a state governmental agency as defined by Florida Statutes and shall maintain suitable Public Liability insurance or be self-insured, in amounts adequate to respond to any and all claims within the limitations of Florida Statute 768.28 arising out of the activities authorized in this easement, as reflected by the Grantee's acceptance of the conditions below. This Easement across the Big Coppitt Fire Station Property is more particularly set forth on the diagram and labeled 20' Utility Easement 0.12 AC Exhibit "A". IN WITNESS WHEREOF, the Grantor has caused these presents to be executed in its name by its County Administrator, the day and year first stated above. WITNESSES SIGNATURE COUNTY ADMINISTRATOR SIGNATURE Printed name of witness Printed name of witness STATE OF FLORIDA COUNTY OF MONROE BEFORE ME, the undersigned authority, personally appeared who is personally known to me, or has produced , respectively as identification. and Sworn to and subscribed before me this _ day of _, 20_. Notary Name and Number Notary Signature and Seal IN WITNESS WHEREOF, the Grantee has caused these presents to be executed in its name by its Board of County Commissioners of Monroe County, Florida, acting by its Mayor or Vice-Mayor, the date and year designated below. (OFFICIAL SEAL) ATTEST: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor Exhibit A - Description (Utility Easement) and Sketch of Description Ink Engineering A Division of lBFH, Inc. CIVIL ACRICULTUR!\L WATER RESOURCES 'vVAITR & WASTEWATER TRANSPORTATION SURVEYINC & MAPPINC GIS "Partners for Rcsu Its Vaiue by Design" 1400 Colonial Blvd., Suite 31 Fort FL TF)()7 (23')) 931-0455 Fax i2Yn 'H1-04S(, \V\\i\A', Ih(h .com JULY 05, 2006 JOB # 06-7022 FILE # 06-7022SK05LGL SHEET 1 OF 2 DESCRIPTION: (UTILITY EASEMENT) AN EASEMENT FOR UTILITY PURPOSES OVER AND ACROSS THAT PART OF TRACT A, PORPOISE POINT SECTION SIX, BIG COPPITT KEY, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 120 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID TRACT A; THENCE S.89058'35"E. ALONG THE NORTHERLY LINE OF SAID TRACT A AND ITS EASTERLY EXTENSION, FOR 168.77 FEET; THENCE N.63011 '25"E., FOR 99.99 FEET TO THE EAST LINE OF SAID TRACT A; THENCE S.00001'25"W, ALONG SAID EAST LINE, FOR 22.41 FEET; THENCE S.63011 '25"W., FOR 94.65 FEET; THENCE N.89058'35"W., FOR 173.55 FEET TO THE WEST LINE OF SAID TRACT A; THENCE NOooOl '25"E, ALONG SAID WEST LINE, FOR 20.00 FEET TO THE POINT OF BEGINNING. CONTAINING 0.12 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. . S D. SYSE SYRVEYOR AND MAPPER //FLORIDA CERTIFICATE # 4211 P:\06-7022\Survey\Sketch\06-7022SK05 LGL. doc "1J r )> . ~ o fTll 8t2 :i~~, ~ Vl fTl1 _ c I ;:0 I < I ':! I o I ;:0 I -1- '0 6l ~ 00 G>i~~;, ~___________~/L _ TAMAR-'-t::J_~DRIV~ (SO~(WL r;:. ---() ~; t;; , N 0;/' (' - 148.07 P.O.B. NW COR. TRACT A u:. \ /" /'" . N.00001 '25"E.Z tf) 20.00' :u ~-~ I '~ <J ~ N Co Co z ~ 0 :::0 \ "'9 -" c::: <0 <0 Co ----j u , J?"'J 0.0 tv. . 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Value By Des",gn" 1400 Colonial B Iyd, Suite 31 , Fort Myers, Florida 33907 (239) 931-0455 Fax: (239) 931-0456 BPR & FBPE License No: 959 www.lbfh.com Scale: 1 "=40' Sheet 2 OF 2 Computed: JS Checked: JS Project No. 06-7022 PROJECT NAME: SKETCH OF DESCRIPTION Dote 7/5/2006 FILE NO. 06-7022SK05 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 06, 2007 Division: Engineering Bulk Item: Yes No X Department: Wastewater Staff Contact Person: Elizabeth Wood AGENDA ITEM WORDING: Approval to execute a utility easement agreement for Tract D of Porpoise Point Section Four for a Big Coppitt parcel, ID# 00155830-000000. ITEM BACKGROUND: Boyle engineering has identified alternate pipe layouts for the Big Coppitt collection system which will eliminate up to five pump stations from the system resulting in reduced construction and operationlmaintenance costs. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approval as stated. TOTAL COST: $0 BUDGETED: Yes NA No COST TO COUNTY: $0 SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty _ OMBlPurchasing _ Risk Management _ DOCUMENTA TION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised 8/06 Engineering Division MEMORANDUM To: Dave Koppel, County Engineer From: Elizabeth Wood, Sf. Administrator - Sewer Projects Date: 6/812007 Re: Gravity Main Easement at Tract D of Porpoise Point Section Four AGENDA ITEM WORDING: Approval to execute a utility easement agreement for a Big Pine Key parcel with Real Estate ID# 00155830-000000. ITEM BACKGROUND: An easement is required to implement an alternate pipe layout for the Big Coppitt collection system which will eliminate a pump station from the system resulting in reduced construction and operationlmaintenance costs. The parcel is being developed by Coconut Cove Land LLC. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: NIA STAFF RECOMMENDATIONS: Approval as stated. 3052923516 MONROE COUNTY ATT 10:0218a.ffi. 08-21-2006 2/8 , . This in5trument prepared by or under the ~upervision of; 0lMII 113Tl27 88/24/2l1li5 lI!hZ7M FA Led & ~.cf t" MU,.J.l ~.. o( IIOtItOE COUNTY DANNY L. lCOIJIIGE Name: Address = Judith Kenney, Atto~ney Judith Kenney' Associates, f.A. 771 Br~cke~1 Avenue, Suite 10/0 Miami, ~lorida 33131 Doell 1537127 IIlI 2141 .._ 2It 1.1 "(l, ~ _ ~ et.... ~ 0am:t3 1I.f,.-p ~~ ~B:rS ~ is made this 24th day o~ June, between ROCKLAND INVESTMENT CORPORATION, INC., corporation ("Rockland") and Monroe County, subdivision of the State of E'lorida (thA "County"l . 1. In consideJ:ation of the covenants and promises contained herein and as additional consideration for the tran~fer by Warranty Deed from Rockland to the County. o~ t:he parcels of . l.qnd 1egally described in Exhibit A-2 hereto, Rockland he~eby qrants and conveys to the County, its .sucCCilS:!ilors and assigns, guests and invitees a non-exclueive ea~ement a~ drawn on Exhibit A-I hereto (the "EasementW), not to exceed 50 feet in width, in perpetuity for access, ingress and egress purposes over and across the road area, as :!lame may be placed by Rockland from time to time. Said Easement may be used fot: access, inqress and egress and placement of utilities, includinq, but not limited to. water. electricity, t$l~phone and cable to the property described on Exh1.b:it: A-2. 2005 by and a Florida a political 2. This grant of Easement will run with the land and will be binding on and will inure to the benefit of the parties hereto. This Easement may be moved .from time to time by Rockland and shall revert to Rockland when no longer needed for access to the County's property or if the County's property is purchased by any contiguous property owner or any entity that is owned, controlled or und6r Common control with the CO"t~quOUB property owner. The Easement consists af a gravel road. The portion of the Easement that runs north-south on the west side of Tracts 5, 13 and 20 as shown on the drawing attached as Exhibit A-I sha1.1 be compl.$ted by Rockland within six months from the date of this agreement. 3. Rocklanct, for it~elf, its $U~Ce550~S and d5signs, retains the right: to use ~he Easement at'(!a for any use not inconsistent with the grant; provided, however, without limiting the foregoing, that ROckland ShAll not diminish or lXmit County's access to said Easement ~or County's use as described above. - ~ - 3052923516 MONROE COUNTY ATT 10:03:02 a.ffi 08-21-2006 3/8 4. ~l notices, elections, demands, request$ and other communiea~ions hereunder shall be in writing~ signed by the party mating the same ~nd. :shall be sent by certified or: registered United State. mail postage prepaid, addressed as follows: To the County Monroe county 1100 Simonton Street Key West, FL 33040 Rockland Investment Corporation 121 0.5. Highway One, Suite 103 Key West, Florida 33040 or at such other address as may hereafter be dAsignated in writing by either party hereto To Rockland Ifl:l"M.SS our hanc:is and seals this 24th day of June, 2005. WITNESSES: MONROE COUNTY Sign Name;-a~C'. ~~ Print Na1'lle:.::s:.",", .1 <:. .o...s..,,~iS By__)JlM~ S;.g" N~: ~ A ~ Print N co ~ ;. Q ~ ROCKLAND INVESTMENT CORPORATION, I:NC. a Florida corporation Si(jn Name: 4c;~ I?rint Name:- \C'A'-ct.tr ~ ~P"''''''''I ~;rntN=~-1Ui:t~~r B~~~~'~J~'(.4 SU N. .P, P~es1dent-- 0... Itla1U7 Ik. 2S48 PeN 21 M"'" :': ",~ ~}T,.w DP~" Y"/.l.-r'#$- - 2 . 3052923516 MONROE COUNTY ATT 10:03:28 a.m. 08-21-2006 4/8 S'1'Aft OF Jr.LCIlU:DA CQUII!r% 01' M:IdOIC ./3J.. The f\'>mqoinq inst.r:un\Qnt was acknowledged before '<ilY of ..:D:IA'f~ 2005, by Olx,.. ~ ~.."...... bethal.f of Monroe County, who is pe sanally known produced identification. me this ~ , on to me/has as o;..~ ota~y Public My CommisBion ElCPire$: PAllIA&. IWClOCIC ",. 0Ilfi1I&0H.1Il", llMII:,.,t... ............~-~ .... Su.D or n.oIU'J)A cotJlft'Y 01' Ia1ROII Tbe foregoing instrument was ackno~ledged before me this ~~ day of June, 2005, by SUSAN KEMP as President of ROC~ INVESTMENT CORPORATION, INC., who is Dersonall.v Irnown Tn mA.J'has produced _~u clZt7iono Notary PubliC~ My Commis5ion Expires: t3\ :-~aI)ImI71 ~,J ~~u." Dad 1837821 llel 2148 PgtI 22 l':\JK\D:MP\BOCJtLMID\Sale to KoDroe Ccowaty\E:ll8E!HlWl'.NiJl(Unal.l.dac - 3 - 3052923516 MONROE COUNTY ATT 5/8 1003:51 a.m 08-21-2006 _ m-d ~ U9Ii"b' ~ S2Ii: 9a~<::~ ~-9l!l-& . .,...._6-_.. ..,,"'.. _ "III'II:-CO,,", ._v&'lr ...a .:It" ........ ~.... Exhibit A 1 DMII lU'78Z7 - 8kI 2141 p.. U --- ;:: "- I , , I ~ l ,;:------ ~ x . Easement i I I ,- I \ " .. , i I I I . t z I I I J... ... ""t- .. _-- ____h____.._ ..-. -1- ._- · ___" ..--..--- fR'" - ..~ Pe .: 3052923516 MONROE COUNTY ATT 10:04:17am 08-21-2006 6/8 EXBIBI:T A-2 LEGAl,. DBSCRl:PTION Property oonveyed from Rockland to Monroe Count.y DBSCRIPTION; PARCEL uAIt' A parcel of land lying in and being a part of Government Lot No. 7. Section 21. Townlllhip 67 South, Range 2G Bast, Rockland !Cay, Monroe County, Florida (al80 to be known as Tract 4 of the future map or plat entitled "Rockland Key Conneroe Center- at the ti.me of ;recordation) and said parcel being more particularly described as follows: commencing at the Southwest corner of the map or plat; entitled "Rockland village" as recorded in plat Book 4. Page 13~, of the Public Recorda of Monroe County, Florida, tbence Nort.h, along the Westerly l:imits of the B~id "'Rockland Village-, a distance of 29.30 feet to a point; thence Hest:. leaving the said Westerly limite, a distance of 1840.50 feet. to a:he Northweet corner of lands described in Official R.co:rds Book 373. Page (e) 11.2 and 113 of the said Public Recorda of Monroe County, Florida, thence cont~uing West;, a dls~anoe of 932.99 ~eet to a point hereinafter to be known as the "Point of Beginning" 1 thence cont~nu~ng West. a distance of 173.11 feet to a poi.nt; thence North~ 4 distance of 340.74 feet to a point.; thence Baet, A d18cance of 173..1.1 feet to a point; thence South. a distance of 340.74 feet back to the "Point of Beginningw. COntaining 58,966 square feet or 1.334 a.cres more or leas. DBSCRtPT~ON: PARCEL "B" A parce1 of land lying il1 and being a part of Government Lot NO_ 7. Section 21, Township 67 SOl.lth, Range 26 Bailt, Rockland Key, Monroe County, Florida (a1.sD to be mown as Tract 5 of the future map or plat entitled "Rockl.and Key Commerce Center" at the time of recordation) and said parcel bei.ng more particularly described as foll.owe: Commencing at the Southwest corner of the map or plat ent1.tl.ed "Rocklanc1 Village" as recorded in plat Book 4 . Page 133 , of the PUbl ic Roc:ord$ of Monroe County, Florida; thence North, a.long t.he westerly limi.l:s of the sai.d "Rockland Village..., a distance of 29.30 feet to a point; thence west, leaving the said Hea1..8.1:1y l.illllL.~1 tl cUst.ance of 1840.50 feet: to the ...... 113112'7 IkII 2141 'till 24 3052923516 MONROE COUNTY A TT 10:04:57 a.m. 08-21-2006 7/8 Northwest corner of lands described in Offie-ial Records Book 373,. page(s) 1.~2 and 11] of the sa.id Public Records of Monroe county 1 Plorida; thence continuing Nest,. a distance of g3Z.99 foet to a point; thence Norell, a. distance of 340.74 feet to a point hereinafter to be known a8 the "'Point of Beginning"; thence continuing North. a distance of 161.93 feet to a point; thence West, a distance of 17]. 11 feet to a point 1 thence South, a distance of 161.93 .feet to a point; thenee Bast. a distance of 173.11 feet back to the "Point of Beginning-. Containing 28,032 square feet or 0.644 acres more or less. DESCR I PTI01I1 : PARCBI.. "e" A parce1 o:r land lying in ~d being a part. ot Government Lot No. 7, Section 21., Township 67 South. Range 26 Bast, RocklilDd Key, Monroe County, Florida (a.lso to be known as Tract 13 of the future map or plat entitled "R.ockland Key Cotnme:J:ce Center' at the time of recorda.tion) and said parael. being 1'IlOJ:"8 particularly described as follows: commencing at the Southwest co;rt1.er of the map or plat entitled "Rockland Vi~lagf3'" as recorded in P1at Book 4, Page 133, of the Public Records of Monroe County, Florida; thence North, a10ng the Weeter1y limits gf the said ~Rockland v~l1ageR. a distance of 29.30 feet to a point i thence West, leaving the ea1d Westerly limits. a distance of 1840.50 feet to the Northwest corner of lands described in Official Records Book 373, Page (5) 112 and 113 of the said Publ~c Reoords of Monroe County, Florida; thence continuing West. a distance of 932.99 feet eo a point; thence NOrth, a distance of 502.67 feet to it point hereinafter to be known. AS the "'Point of Beginning"; t.hence East a di$tance of 110.00 feet to a point; thence North, a distance of 1. 04. 12 feet to a point: ; thence West, a distance of 283.11 feet to a point; thence South, a digl;.;&.nCQ of 104.12 feet to a point, thence Bast. a distance of 173 _11 feet back. to the .Point of Beginning"'. containing 29,477 square feet O~ 0.677 acres more or less. D.-. SI37e2T 8kII 2S. ....:as 3052923516 MONROE COUNTY A TT 10:05:35 a.m. 08-21-2006 818 4 DESCRIPTION: PARCEL '"I)" A parcel of land lying in and being a part of Government Lot.. No. 7, Section 21, Township 67 South, Range 26 8aet, Rockland Key, Monroe county, Florida (also to be known aa Tract 20 of the future map or plat enti tled "Rockland J.U::y Coraaerce Center- at the time of recordation) and said parcel belng more particularly described as follows; CoftlMneing at the Southwest corner o~ the map or plat entitled '"Rockland village- as recorded in Plat Book 4, page 133, of the Public:: Records of Monroe county. Florida; thenee North, along the Westerly limite of the said -RockIand Village-, a distance of 29.30 feet to a point; thence Weet, leaving the said Westerly limits, a distance of 1840.50 feet to the Northwest corner of lands described in Official Recorda Book 373, Pagels) 112 and ~n of: the t!lud Public Records of Nonroe Count:y, Plorida; thence cone i.nuing West: . a distance of 93:2.99 feet to a poi.nt; thence North, a. distance of 502 _ 67 fEH:It to a poinL; thence Ealiilt, a distance of :lJ.(l. 00 feet to a point; thence North, a distance. of 104. 12 feet to a po:int hereinaf ter to be known as the "'point of Beginning"; thence continuing North. a distance ot 104.12 feet to a point; tilenc~ West, a disl:ance of 2B3.~1 feet to a pOint; thence South, a distaDce of 104.1.2 feet to a point 1 thence East, a distance of 283.11 feet back to the apoint of Begi.nning- . Containing 29.477 I!czuare feet or 0.677 acres more or le8B. l":\JK\~\Sale to NclII.I:Oe CclImty\t.laaL IIltaCln:~.4an OIl" 1137127 Ikll 2141 .... 21 .....-oE COUNT( QIIIIICIIL IIIICORDS SpeCIfic Purpose Sketch to illustrate a legal descnptlon of part of Tract D, PORPOISE POINT SECTION FOUR prepared by the undersigned R/W 'i: (r) ] ~ v j vI\l~"/'" ~I ./ / NOTES J The 18g81 d~$cripUCln shown hereon was author~d by the undeTSJ'gned 2 Under6round lound~Uons ttnd uljliti~s were not located 3 AlJ lIDi)"!! are 90' (Measured k Record) unless olhttrwise not~d 4 Street t:lddress,' 905 US HJ6hwtJY No.1, Bi6 Coppitt Key, FL 6 This survey 15 not vaJld JIIJthout the sJ6nature lJnd the ori6inai rlJJsed seal of lJ Florida licensed $urveyor and mapper 6 Lands shown htlreon were not tJbstrltcled for rights-aI-way, easements, ownership, ar other Jnstruments of record 7, Bearinzs art!, assumed _and based on the Centerline of Dj(Jmond Drive as NO'OJ '25~E per plat 8 ThJ5 survey JS not assJ6ntJble. 9 Adjoiners 4re not (urni$hed 10 The de-scrJption contained herem ond sketch do not rf!!prcsent a field boundary 3urvey. L[CENO i I I j i r.,.O'--+--l~C''''''''; I I i . , 1 1 1 iQ) i~ i'~ !~ ~i Q) ~l.S ~:s..., ]: !('Q !~ ~ I I~ 10- :~ 8:,' i '<t~ 1 ;;:~ ~ . " I . I i 1 1 1 , , " "' E " v, " " G <Ii Lvt 17 l:ilock 6' ! ~ I", \ I" (, \'" /;/ "---~ -- /' -- Right of Way Ctmferftne Rl!!coro / / I : .l/~ , (')/ z69)CYt) ( ,//~ 6)"\\ / , lri\)// ~A ,/ '~"cJ// t- ,// A pbrcel of land bein6 part of Tract D, PORPOISE POINT SECTION FOUR, as recorded In Plat Book 5, at Page 118, 01 the Public Records of Monroe County, FloridM, and btling mor~ p.rtJcul.tJrJy dtlJlcribed by metes lmd bounds as follows Cammencinll at the intersection of the Northwesterly rl6ht of way lme of US Highw?lY No. I. ~lnd the Easterly nght 01 WttY line 0/ DJamond Drive, run thence NOD 'OJ "25'E and 4lon6 the East~rly rl6hl of way of the said Diamond DrJve for a dJstance of 96.35 feet to the Point 01 Be6innin6; thence continue NOO'o} "26"E fwd aJon6 the Easterly n6ht 01 w~y line of the said DUJmond Drive for a distance of 26.90 le!!t; thence- N63.Jl'2t)~E for it dJstaflce of /0_11 feet, thence NOO.01'25"E for ~ dJ'stance of 18.05 feet, thence N63. 11'Z6"E lor a dJstance of 47,62 fet/i, th6nce 500.01'25"" for a distance 011805 feet: thence N63"11'Z:rE lor a distance of 163.98 feet; lh6flce NOO.01'4-8"E lor It dist.nct! 0118_04 Itlel; thtlflce N63"11 '25"E for t.'I distance 01 47.63 fe~t, thence SOO~01 '48HW for tl distance 0/18.05 feet, thence NtJ3"11'Z5"E lor ~ distance of 11./9 feel to the Westerly rillhl of way line 0/ Aqua ).{~rine Drive, thence SOO.01 '48"W and 4}on6 the Westt':'riy right 01 way lme 0/ the said Aqua MlfJrine Dnve for (t disltwce 0126.90 feet; thence- S63 "11 '25"W for a d}st.nce of 121.19 leet; thence S26"48'3f5"E for it dislance of }7.98 feet,' thence 563"11 'Z5''W lor 8 dJstance of 71.08 I~et; thence N26"4-8'3S-W for a dist8nce 0117.98 le~t; thence 863"11'25"W fnr it distance at 88.25 feet btlck to the Powt of Be6inmn6 Lot 1 Block 7 /-"//' , , , J , I I I 1 , 0'+-"'0 I -l ,( "I ::'1 ~l 1 '1 Q)! ::.' .....1 s...,f I::l' , 1 "1:l:~ ~I~ ~I~ '~I I::li .i ~ ~~//' 'i ( \ Tract HD" ;;~\:~'(o" t ,'~~;P'" ..-(\el\ ;><" ~v f,B-Se "ed. f>. " 0" ',$ tlrO"P ~> tll E . ~ ~ ~ '") :"E ~~' o'~ ~'- - 'ij;J" (;0) i" 80 ." .'" "'l '" - C\J ()" :"\ .".", " i~ '" 2 CUR\.'!" !l4rA 1?0fJ>w. - 25,00 0eI1"" 6)>09'J6- Arc h"9lh - ]759' 1'~'f>" 0)><)\' / I ~/ , / I 1 , "".\ i //,/' .... ./..........1-......... ................- \ ,,,-:;/ ~ 0 ><,;'2? <J //5' 6] ~'O;J/ t\ig.t:/ S. /< ~/") 0~// (,00 ((;../' .......~ //// , l"')./ 2"5,.1';;;1 ~/'0 ' ,~?'J/2.eO c 6o'.~~/(;) V\O //ieO /// ~nIQls.g.nn~ 4.J I I ! , I 1 , , , , I I , i I I I / 1 .' I /// .y........ /' ;, . I oIC~""9 ; ".""",- / / SPECIFIC PURPOSE SURYEY TO A ILWSTRA1"E LEGAL DESCRIPTION AUTHORED BY THE UNDERSIGNED SPEC/FlC PURPOSE SURVEY FOR.- HJslonc Tours of Amen"a, - . BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 06, 2007 Division: Engineering Bulk Item: Yes No X Department: Wastewater Staff Contact Person: Elizabeth Wood AGENDA ITEM WORDING: Approval to execute a 20' sewer utility easement agreement for Tract C of Porpoise Point Section Four on Big Coppitt Key, Real Estate ID# 00155820-000000. ITEM BACKGROUND: Boyle engineering has identified alternate pipe layouts for the Big Coppitt collection system which will eliminate up to five pump stations from the system resulting in reduced construction and operation/maintenance costs. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approval as stated. TOTAL COST: $0 BUDGETED: Yes NA No COST TO COUNTY: $0 SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management _ DOCUMENTA TION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised 8/06 Engineering Division MEMORANDUM To: Dave Koppel, County Engineer From: Elizabeth Wood, Sf. Administrator - Sewer Projects Date: 6/8/2007 Re: Gravity Main Easement at Tract C of Porpoise Point Section Four AGENDA ITEM WORDING: Approval to execute a 20' utility easement agreement for a Big Coppitt Key parcel described by Real Estate ID# 00155830-000000. ITEM BACKGROUND: An easement is required to implement an alternate pipe layout for the Big Coppitt collection system which will eliminate a pump station from the system resulting in reduced construction and operation/maintenance costs. The parcel is being developed through habitat for humanity. A sample form of easement and sketch are attached. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval as stated. 3052923516 MONROE COUNTY ATT 10:0218a.m. 08-21-2006 2/8 , . This in5trument prepared by or under the ~upervision of; 0lMII 113Tl27 88/24/2l1li5 lI!hZ7M FA Led & ~.cf t" MU.J.l ~.. o( IIOtItOE COUNTY DANNY L. lCOIJIIGE Name: Address = Judith Kenney, Atto~ney Judith Kenney' Associates, f.A. 771 Br~cke~1 Avenue, Suite 10/0 Miami, ~lorida 33131 Doell 1537127 IIlI 2141 .._ 2It 1.1 "(l, ~ _ ~ et.... ~ 0am:t3 1I.f,.-p ~~ ~B:rS ~ is made this 24th day o~ June, between ROCKLAND INVESTMENT CORPORATION, INC., corporation ("Rockland") and Monroe County, subdivision of the State of E'lorida (thA "County"l . 1. In consideJ:ation of the covenants and promises contained herein and as additional consideration for the tran~fer by Warranty Deed from Rockland to the County. o~ t:he parcels of 'l.qnd 1egally described in Exhibit A-2 hereto, Rockland hereby qrants and conveys to the County, its .sucCCilS:!ilors and assigns, guests and invitees a non-exclueive ea~ement a~ drawn on Exhibit A-I hereto (the "EasementW), not to exceed 50 feet in width, in perpetuity for access, ingress and egress purposes over and across the road area, as :!lame may be placed by Rockland from time to time. Said Easement may be used fot: access, inqress and egress and placement of utilities, includinq, but not limited to, water. electricity, t$l~phone and cable to the property described on Exh1.b:it: A-2. 2005 by and a Florida a political 2. This grant of Easement will run with the land and will be binding on and will inure to the benefit of the parties hereto. This Easement may be moved .from time to time by Rockland and shall revert to Rockland when no longer needed for access to the County's property or if the County's property is purchased by any contiguous property owner or any entity that is owned, controlled or und6r Common control with the CO"t~quOUB property owner. The Easement consists af a gravel road. The portion of the Easement that runs north-south on the west side of Tracts 5, 13 and 20 as shown on the drawing attached as Exhibit A-I sha1.1 be compl.$ted by Rockland within six months from the date of this agreement. 3. Rocklanct, for it~elf, its $U~Ce550~S and d5signs, retains the right: to use ~he Easement at'(!a for any use not inconsistent with the grant; provided, however, without limiting the foregoing, that ROckland ShAll not diminish or lXmit County's access to said Easement ~or County's use as described above. - ~ - 3052923516 MONROE COUNTY ATT 10:03:02 a.m 08-21-2006 3/8 4. ~l notices, elections, demands, request$ and other communiea~ions hereunder shall be in writing~ signed by the party mating the same ~nd. :shall be sent by certified or: registered United State. mail postage prepaid, addressed as follows: To the County Monroe county 1100 Simonton Street Key West, FL 33040 Rockland Investment Corporation 121 0.5. Highway One, Suite 103 Key West, Florida 33040 or at such other address as may hereafter be dAsignated in writing by either party hereto To Rockland Ifl:l"M.SS our hanc:is and seals this 24th day of June, 2005. WITNESSES: MONROE COUNTY Sign Name;-a~C'. ~~ Print Na1'lle:.::s:.",", .1 <:. .o...s..,,~iS By__)JlM~ S;.g" N~: ~ A ~ Print N co ~ ;. Q ~ ROCKLAND INVESTMENT CORPORATION, I:NC. a Florida corporation Si(jn Name: 4c;~ I?rint Name:- \C'A'-ct.tr ~ ~P"''''''''I ~;rntN=~-1Ui:t~~r B~~~~'~J~'(.4 SU N. .P, P~es1dent-- 0... Itla1U7 Ik. 2S48 PeN 21 M"'" :': ",~ ~}T,.w DP~" Y"/.l.-r'#$- - 2 . 3052923516 MONROE COUNTY ATT 10:03:28 a.m. 08-21-2006 4/8 S'1'Aft OF Jr.LCIlU:DA CQUII!r% 01' M:IdOIC ./3J.. The f\'>mqoinq inst.r:un\Qnt was acknowledged before '<ilY of ..:D:IA'f~ 2005, by Olx,.. ~ ~.."...... bethal.f of Monroe County, who is pe sanally known produced identification. me this ~ , on to me/has as o;..~ ota~y Public My CommisBion ElCPire$: PAllIA&. IWClOCIC ",. 0Ilfi1I&0H.1Il", llMII:,.,t... ............~-~ .... Su.D or n.oIU'J)A cotJlft'Y 01' Ia1ROII Tbe foregoing instrument was ackno~ledged before me this ~~ day of June, 2005, by SUSAN KEMP as President of ROC~ INVESTMENT CORPORATION, INC., who is Dersonall.v Irnown Tn mA.J'has produced _~u clZt7iono Notary PubliC~ My Commis5ion Expires: t3\ :-~aI)ImI71 ~,J ~~u." Dad 1837821 llel 2148 PgtI 22 l':\JK\D:MP\BOCJtLMID\Sale to KoDroe Ccowaty\E:ll8E!HlWl'.NiJl(Unal.l.dac - 3 - 3052923516 MONROE COUNTY ATT 5/8 1003:51 a.m 08-21-2006 _ m-d ~ U9Ii"b' ~ S2Ii: 9a~<::~ ~-9l!l-& . .,...._6-_.. ..,,"'.. _ "III'II:-CO,,", ._v&'lr ...a .:It" ........ ~.... Exhibit A 1 DMII lU'78Z7 - 8kI 2141 p.. U --- ;:: "- I , , I ~ l ,;:------ ~ x . Easement i I I ,- I \ " .. , i I I I . t z I I I J... ... ""t- .. _-- ____h____.._ ..-. -1- ._- · ___" ..--..--- fR'" - ..~ Pe .: 3052923516 MONROE COUNTY ATT 10:04:17am 08-21-2006 6/8 EXBIBI:T A-2 LEGAl,. DBSCRl:PTION Property oonveyed from Rockland to Monroe Count.y DBSCRIPTION; PARCEL uAIt' A parcel of land lying in and being a part of Government Lot No. 7. Section 21. Townlllhip 67 South, Range 2G Bast, Rockland !Cay, Monroe County, Florida (al80 to be known as Tract 4 of the future map or plat entitled "Rockland Key Conneroe Center- at the ti.me of ;recordation) and said parcel being more particularly described as follows: commencing at the Southwest corner of the map or plat; entitled "Rockland village" as recorded in plat Book 4. Page 13~, of the Public Recorda of Monroe County, Florida, tbence Nort.h, along the Westerly l:imits of the B~id "'Rockland Village-, a distance of 29.30 feet to a point; thence Hest:. leaving the said Westerly limite, a distance of 1840.50 feet. to a:he Northweet corner of lands described in Official R.co:rds Book 373. Page (e) 11.2 and 113 of the said Public Recorda of Monroe County, Florida, thence cont~uing West;, a dls~anoe of 932.99 ~eet to a point hereinafter to be known as the "Point of Beginning" 1 thence cont~nu~ng West. a distance of 173.11 feet to a poi.nt; thence North~ 4 distance of 340.74 feet to a point.; thence Baet, A d18cance of 173..1.1 feet to a point; thence South. a distance of 340.74 feet back to the "Point of Beginningw. COntaining 58,966 square feet or 1.334 a.cres more or leas. DBSCRtPT~ON: PARCEL "B" A parce1 of land lying il1 and being a part of Government Lot NO_ 7. Section 21, Township 67 SOl.lth, Range 26 Bailt, Rockland Key, Monroe County, Florida (a1.sD to be mown as Tract 5 of the future map or plat entitled "Rockl.and Key Commerce Center" at the time of recordation) and said parcel bei.ng more particularly described as foll.owe: Commencing at the Southwest corner of the map or plat ent1.tl.ed "Rocklanc1 Village" as recorded in plat Book 4 . Page 133 , of the PUbl ic Roc:ord$ of Monroe County, Florida; thence North, a.long t.he westerly limi.l:s of the sai.d "Rockland Village..., a distance of 29.30 feet to a point; thence west, leaving the said Hea1..8.1:1y l.illllL.~1 tl cUst.ance of 1840.50 feet: to the ...... 113112'7 IkII 2141 'till 24 3052923516 MONROE COUNTY A TT 10:04:57 a.m. 08-21-2006 7/8 Northwest corner of lands described in Offie-ial Records Book 373,. page(s) 1.~2 and 11] of the sa.id Public Records of Monroe county 1 Plorida; thence continuing Nest,. a distance of g3Z.99 foet to a point; thence Norell, a. distance of 340.74 feet to a point hereinafter to be known a8 the "'Point of Beginning"; thence continuing North. a distance of 161.93 feet to a point; thence West, a distance of 17]. 11 feet to a point 1 thence South, a distance of 161.93 .feet to a point; thenee Bast. a distance of 173.11 feet back to the "Point of Beginning-. Containing 28,032 square feet or 0.644 acres more or less. DESCR I PTI01I1 : PARCBI.. "e" A parce1 o:r land lying in ~d being a part. ot Government Lot No. 7, Section 21., Township 67 South. Range 26 Bast, RocklilDd Key, Monroe County, Florida (a.lso to be known as Tract 13 of the future map or plat entitled "R.ockland Key Cotnme:J:ce Center' at the time of recorda.tion) and said parael. being 1'IlOJ:"8 particularly described as follows: commencing at the Southwest co;rt1.er of the map or plat entitled "Rockland Vi~lagf3'" as recorded in P1at Book 4, Page 133, of the Public Records of Monroe County, Florida; thence North, a10ng the Weeter1y limits gf the said ~Rockland v~l1ageR. a distance of 29.30 feet to a point i thence West, leaving the ea1d Westerly limits. a distance of 1840.50 feet to the Northwest corner of lands described in Official Records Book 373, Page (5) 112 and 113 of the said Publ~c Reoords of Monroe County, Florida; thence continuing West. a distance of 932.99 feet eo a point; thence NOrth, a distance of 502.67 feet to it point hereinafter to be known. AS the "'Point of Beginning"; t.hence East a di$tance of 110.00 feet to a point; thence North, a distance of 1. 04. 12 feet to a point: ; thence West, a distance of 283.11 feet to a point; thence South, a digl;.;&.nCQ of 104.12 feet to a point, thence Bast. a distance of 173 _11 feet back. to the .Point of Beginning"'. containing 29,477 square feet O~ 0.677 acres more or less. D.-. SI37e2T 8kII 2S. ....:as 3052923516 MONROE COUNTY A TT 10:05:35 a.m. 08-21-2006 818 4 DESCRIPTION: PARCEL '"I)" A parcel of land lying in and being a part of Government Lot.. No. 7, Section 21, Township 67 South, Range 26 8aet, Rockland Key, Monroe county, Florida (also to be known aa Tract 20 of the future map or plat enti tled "Rockland J.U::y Coraaerce Center- at the time of recordation) and said parcel belng more particularly described as follows; CoftlMneing at the Southwest corner o~ the map or plat entitled '"Rockland village- as recorded in Plat Book 4, page 133, of the Public:: Records of Monroe county. Florida; thenee North, along the Westerly limite of the said -RockIand Village-, a distance of 29.30 feet to a point; thence Weet, leaving the said Westerly limits, a distance of 1840.50 feet to the Northwest corner of lands described in Official Recorda Book 373, Pagels) 112 and ~n of: the t!lud Public Records of Nonroe Count:y, Plorida; thence cone i.nuing West: . a distance of 93:2.99 feet to a poi.nt; thence North, a. distance of 502 _ 67 fEH:It to a poinL; thence Ealiilt, a distance of :lJ.(l. 00 feet to a point; thence North, a distance. of 104. 12 feet to a po:int hereinaf ter to be known as the "'point of Beginning"; thence continuing North. a distance ot 104.12 feet to a point; tilenc~ West, a disl:ance of 2B3.~1 feet to a pOint; thence South, a distaDce of 104.1.2 feet to a point 1 thence East, a distance of 283.11 feet back to the apoint of Begi.nning- . Containing 29.477 I!czuare feet or 0.677 acres more or le8B. l":\JK\~\Sale to NclII.I:Oe CclImty\t.laaL IIltaCln:~.4an OIl" 1137127 Ikll 2141 .... 21 .....-oE COUNT( QIIIIICIIL IIIICORDS ~ AR.E. REECE. P.A. PROFESSIO~i\L SURljEYOR ;\',D ivI,\PPER " 30364 QUAle ROOST 'RAIL. BIG PINE KEY. Fl 33043 OfFCE (305) 872 - ! 348 FAX (305) 872 - 5622 ~ THE PURPOSE OF THIS SKETCH IS TO ILLUSTRATE THE DESCRIPTION. NEWLY CREATED ON THIS DATE BY THE UNDERSIGNED AflJD SHUWN BELOW IT IS NOT ,'I SURVEY OF THE LANDS BEIt\C DESCRIBED HEREIN' IS",: cil.,p 61G17 6006 ciOCid" Adm COl1c .wd Chap 472027 I'""da ',Ltutcs) SEE BELOW FOR I\N ILLJSTRATlOfIJ OF THE SAID DESCRIPTION DESCRIPTION OF UTILITY EASEMEM '" Tielct C, POI,POISE POINT SECTlOfIJ FOUR. dceorc1"'g r.o the Pi"t thcr.,or Cl'. reeord.cd 'n P',:t Book 5, PJ'::1C 118, of the Pul::!!C RcconJr;. of Monro(:; Cour:ty, Fior:dd 1'-;. 2C feet In v",dth end :y,n9 1000 fC:et un CiJCI1 '~Idl~ of tlK:: fOiiOWIn!J described center i'rlC, and w,th the casement side lines 1J(;!n~ cxtcnrlcd and '.,hortopcd to tenTllriJtc' Jt the 02St cmd 'l/cst I)OlIIlCLlIY lines of the SJld TrJet C. The dCSCflpl.On of the s,)ld CJSL'rllcnt ccptcrJlflc IS as follo\iVS COMMENCINC "t the northwc-,t corncr of thc S.lld Trdet C 01 PORPOISE POINT SECTION FOUR ,1S JI'Jrc',ald, bcar SOlltll 00'01'25" Wc':t on the W(Jst ;X)unddry :Inc of the <;Hlld Tr,Kt C a dlstJnr:c of 8722 fect to the the POINT OF BECINf\JJNG of the ;lforc~;iJil1 cl:llterl!ne thence t.)C;]r Nortl1 00'00'00" EJst a dl':ltance of 24,35 feet to a pOInt of curve, said curve concave to the nOlthwcst Jnd heWing a rAdius of 90,00 fcet and a delta angle of 26"58'44" thence on c,ald curve an Jrc UI';t;lIlce of 42 38 feet to a pOint: thencc bear North 63"01 '16" East a distance of 122 04 rect to a point of curvc; said curve conCJVC to the southeast ,-lIld h(1ving a radrus of 70,00 feet and a delta Jnglc of 26'59'57", thc~nce on sdld cur/C an arc distance of 32,99 fcet to a pOint; thencc bear South 8~)C58'4 7" L1St a distance of 44 26 feet to the pOint of terminus, With ,;zlId Point of Tc~rmlnus being on the CJst boundary line of the said Tract C PREPARED FOR HABITAT fOR HUMANITY OF KEY WEST AND THE LOWER KEYS SIGNED R08ERT E REECE, PSM -5632 PROFESSIONAL SURVEYOR AND MAPPER, LB _6884 DATED 0,1 2407 CANAL TRACT C m o " N N w..J > 0::: o w..J o -< -, 58'1' ~,fr 17T 44 2G' eOINT OF C(]MMFNU~[NT N 0J r- ra THf r~'(J ( ')Wllf; (')r IPACI ' POINT OF TERMINUS :s in r, ~ -----,-- / ,-- // /'" '~----- // ~/" /- /':, 0'\ ,,/ ...../ ./ '\?J-.../ ./ /' /, \.1').-,,'/ ././ //::03~'''' /' NLJO'OOOO'F /'" ,,/ /' /' 2~ y:;' ....-/",/ /,,/ ,./// ------ ~ // _L.____,.-''' ~/ - - D == 20' Scr5 7" Rc 70 00 L -, J::',9cr o b o V1 (.:rNHr~UNE :J"-lIlTv r A~)FMfNT F'GI'~T or E~'Clr~~ING g ..,. "\ ,.0 ,\\0 - ~\>c'\ 0\GV' 0S , w..J > cc o w Z CC -< 2 -< ::) C -< D 26 ,4 R ::1(; 00 t -Lj 2. 38' NORTH SCALE 1" = 50 PDF created with pdfFactory Pro trial version wwwpdffactorvcom BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 06, 2007 Division: Engineering Bulk Item: Yes No X Department: Wastewater Staff Contact Person: Elizabeth Wood AGENDA ITEM WORDING: Discussion of Stakeholder Agreement required for submittal of the Florida Keys Reasonable Assurance Documentation (RAD) to U.S. Environmental Protection Agency and presentation ofImpaired Water requirement to submit the RAD. ITEM BACKGROUND: Submittal of the RAD requires commitment by Monroe County to complete water quality improvement projects. The reasonable assurance process provides opportunity for Monroe County to obtain compliance with water quality standards by completing presently planned projects. Alternatively, water quality compliance will become a regulatory activity, subject to state and federal permitting. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approval as stated. TOTAL COST: $0 BUDGETED: Yes NA No $0 SOURCE OF FUNDS: COST TO COUNTY: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty _ OMBIPurchasing _ Risk Management _ DOCUMENTA TION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised 8/06 Engineering Division MEMORANDUM To: Dave Koppel, County Engineer From: Elizabeth Wood, Sf. Administrator - Sewer Projects Date: 6/8/2007 Re: FKRAD Stakeholder Agreement and Reasonable Assurance Presentation AGENDA ITEM WORDING: Discussion of Stakeholder Agreement required for submittal of the Florida Keys Reasonable Assurance Documentation (RAD) to U.S. Environmental Protection Agency and presentation of Impaired Water requirement to submit the RAD. ITEM BACKGROUND: Staff began working with Scott McClellend of CDM in late 2006 to prepare Reasonable Assurance Documentation (RAD) to demonstrate that water quality standards will be obtained in the Florida Keys through capital improvements and implementation of best management strategies as required by Florida Administrative Code Section 32-303.00 (5). Submittal of the report requires commitment by Monroe County to complete those projects agreed to in the report. A Stakeholder Agreement committing Monroe County to the improvements has been drafted. Submittal of the reasonable assurance report is scheduled for early August. Acceptance of the RAD will avoid the development of a nutrient Total Maximum Daily Load standard and additional regulation. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: N/A ST AFF RECOMMENDATIONS: Approval as stated. CONCEPT DRAFT April 24, 2007 Florida Keys Watersheds Management Plan Stakeholders Agreement Background Whereas, the Parties to this Agreement recognize that the Florida Keys are a unique and irreplaceable natural system that constitutes a local, State and National treasure; and Whereas, the Parties to this Agreement recognize that the Florida Keys are a linear collection of small watersheds which are hydrologically connected at the local level by the nearshore waters of the Keys; and Whereas, the Parties to this Agreement recognize that the Florida Keys are continuously impacted hy nr Itrient concentrations in offshore waters associated with a wide range of natural sources and phenomena including deep ocean upwelling, micro-nutrient and viruses in African dust storms that reach the Keys; and Whereas, the Parties to this Agreement recognize that water quality in the nearshore waters of the Florida Keys are continuously influenced by their interactions with offshore waters and loop currents that have elevated nutrient concentrations attributable to a wide range of anthropogenic activities far outside of the Florida Keys; and Whereas, the Parties to this Agreement do not control the major sources of nutrient loading into the offshore and nearshore waters surrounding the Florida Keys; and Whereas, the Parties to this Agreement wish, nevertheless, to control the nutrient loading derived from local wastewater, stormwater, and land development discharges to the extent practicable and Whereas, the Parties to this Agreement recognize that elevated nutrient concentrations have contributed to the degradation of water quality in the Florida Keys; and Whereas, the Parties to this Agreement recognize that a minor portion of the nutrients in the nearshore waters of the Florida Keys originate from anthropogenic activities occurring within the Florida Keys which are within the purview and scope of authority of the local Keys governments and agencies; and Whereas, the Parties to this Agreement recognize that the major portions of the nutrients in the nearshore waters of the Florida Keys originate from anthropogenic activities outside of the Florida Keys and are not within the purview and scope of authority of the local Keys governments and agencies; and Whereas, the Parties to this Agreement are interested in managing the water quality in the Florida Keys to preserve and improve the aquatic environment and living resources now existing in the Florida Keys; and Whereas, the Parties to this Agreement recognize that a comprehensive watershed approach is needed to reduce nutrients and address water quality issues within the Florida Keys; and Page 1 of 7 CONCEPT DRAFT April 24, 2007 Whereas, a multitude of regulatory, technical assistance, research, and education programs has been developed and are well coordinated but must be used in combination with incentives and other non-regulatory tools to form a comprehensive approach to address the full scope of water quality issues within the Florida Keys; and Whereas, a substantial level of federal, state, regional, local and private resources are being sought and committed to and a new coordinated approach must recognize and build upon effort and progress from the work of all of these programs; and Whereas, the resource management actions referenced in Table _ (included herein and made part of this agreement) of the Florida Keys Reasonable Assurance Document are deemed effective in improving water quality within the Florida Keys watersheds. Now therefore, in consideration of the foregoing premises, which are made part of this Agreement, the Parties hereby agree to the following. I. Mission The common mission of the signatories is to reduce the annual discharge of nutrients to the Florida Keys halo zone waters (W8IDs 6006A, 60068, 6006C, 6009, 6010, 6011 A, 60118,6011 C, 6012A, 60128,60120, 6012E, 6013A, 60138, 6013C, 6013D, 6014A, 60148, 6014C, 6016, 6017, 6018AND 6019) in order to protect and enhance the unique marine environment of the nearshore waters of the Florida Keys. To this end the signatory stakeholders agree to: 1. Work together to assess anthropogenic sources of total nitrogen and total phosphorus being discharged to the halo zone waters; 2. Work individually to optimize reductions of locally generated nutrient concentrations in the local halo zones; 3. Work collaboratively to minimize discharges to waters of these watersheds emphasizing voluntary, incentive-based programs for protecting the environment and public health; and, 4. Coordinate and collaborate with federal, state, regional agencies/programs, local governments and interested parties to improve the coordination, use and benefits provided by existing regulatory, technical assistance, research, and education programs. II. Guiding Principles The signatory stakeholders agree to adopt the following guiding principles in achieving the mission: 1. Use a comprehensive, regionally integrated management approach to address Class III marine water quality standards for halo zone waters and encourage timely implementation of proposed and planned management actions within the Florida Keys watersheds. 2. Focus on management approaches which are technically feasible, economically practicable, and protective of the environment and public health. 3. Implement wastewater management actions - including wastewater collection, treatment and disposal practices - as required by Chapter 99-395 as a primary management practice for reducing nutrient discharges to the halo zone waters. 4. Implement stormwater management actions - including regulations, design standards and criteria, education programs, collection systems and treatment facilities, and O&M activities - Page 2 of 7 CONCEPT DRAFT April 24, 2007 to the maximum extent practicable throughout their watersheds to achieve Class III water standards in the halo zone waters. 5. Maximize the efficient coordination of federal, state, and regional agency resources and programs, and local resources and avoid unnecessary duplication of efforts 6. Where appropriate, pursue opportunities for joint projects that provide more cost effective solutions and may make better use of consolidated and coordinated funding of projects. 7. Seek reasonable, incentive based solutions that can be embraced by leaders and stakeholders in the Keys communities and at all levels of government. 8. Develop consensus measures of success that include monitoring of the progress of management actions. 9. Achieve results that satisfy regulatory requirements. 10. Employ water quality monitoring to measure the effectiveness of implemented water quality improvement measures. 11. Continue to make good faith efforts in funding incentive-based programs. 12. Participate in annual reporting activities that demonstrate successful reduction of nutrient discharges. III. Organization The signatories, through their own individual efforts, combined with interlocal cooperation and the integrated efforts of numerous federal, state and local programs, have created a fabric of regulatory, operational, capital construction and educational programs that function collectively as an integrated management plan for the multiple watersheds in the Florida Keys. While no designated leader or management committee exists for this informal watershed plan, there are a number of oversight entities that provide guidance and leadership including: · DCA (by virtue of the Keys' designation as a Area of Critical State Concern); · Florida Keys National Marine Sanctuary Steering Committee · Sanctuary Advisory Committee Primary planning activities have been accomplished by the individual stakeholder governments for their jurisdictional areas. These planning activities have received a defacto integration effort through a number of studies, regulations and overlay planning including: · Monroe County Sanitary Wastewater Master Plan; · Monroe County Stormwater Master Plan; · Florida Keys Carrying Capacity Plan; · FDEP's wastewater and stormwater management regulations; · Chapter 9J-5, Comprehensive Growth Management (monitored by DCA); and · Chapter 99-395, Florida Statutes. The combination of wastewater and stormwater regulatory programs, supplemented by the multiple leadership entities, will continue to address the specific impairments to water quality recognized at the time of signature. Page 3 of 7 CONCEPT DRAFT April 24, 2007 This agreement applies only to the currently identified nutrient impairment in the halo zone WBIDs. of the halo zone WBIDs will be addressed through a separate agreement(s) and the participation of . IV. Education, Outreach and Implementation For the signatory stakeholders to accomplish their mission, education on the issues and solutions, including effective transfer of knowledge and technology, are essential components of implementation of the efforts of the Technical Working Groups. V. Stakeholder Involvement and Commitments For the signatory stakeholders to be successful, the involvement of stakeholders is critical. As part of this framework agreement, a process for stakeholder involvement is developed and will be implemented by the signatories. Specific commitments of the signatory stakeholders are referenced in Table _ of the Florida Keys Reasonable Assurance Document by individual stakeholder. VI. Measures of Success Water quality issues in the Florida Keys watersheds have developed from various inputs over an extended period of time. Successfully addressing these issues will require sufficient time to implement management changes and evaluate their effect. The signatories will make a good faith effort in implementing the projects and management activities referenced in the FKRAD to restore and maintain water quality conditions to the levels set forth in the FK Reasonable Assurance Documentation. This commitment is based on mutual cooperation, shared objectives, fairness, and the support and participation from the Parties to this Agreement. Page 4 of 7 CONCEPT DRAFT April 24, 2007 We the undersigned Stakeholders agree, on August XX, 2007 to the foregoing Florida Keys Watersheds Stakeholder Agreement: City of Key Colony Beach Name, Title County of Marathon Name, Title City of Key West Name, Title Florida Parks Service Name, Title City of Layton Name, Title Islamorada, Village of the Islands Name, Title City of Marathon Name, Title United States Navy Name, Title Florida Keys Aqueduct Authority Name, Title Key Largo Wastewater Treatment District Name, Title Page 5 of 7 CONCEPT DRAFT April 24, 2007 We the undersigned Agencies and Programs agree, on August XX, 2007 to support the foregoing Florida Keys Watersheds Stakeholder Agreement: Florida Department of Environmental Protection Director, South District Jon Inglehart United States Environmental Protection Agency, Region IV Name, Title United States Army Corps of Engineers Jacksonville District Name, Title Florida Department of Community Affairs Name, Title South Florida Water Management District Carol Whele, Executive Director Florida Department of Health Bureau of Onsite Sewage Programs Gerald Briggs, Title Agency or Program Name, Title Agency or Program Name, Title Agency or Program Name, Title Agency or Program Name, Title Agency or Program Name, Title Interested Party Name, Title Potential Candidates for Inclusion: Everglades & Dry Tortugas National Parks * Florida Keys Environmental Fund * Florida Keys National Marine Sanctuary . Florida Keys National Wildlife Refuges - USF&WS * Florida Freshwater Fish and Game Conservation Commission National Marine Sanctuaries Program - NOAA * Sanctuary Advisory Council - FKNMS * Page 6 of 7 CONCEPT DRAFT April 24, 2007 We the undersigned Interested Parties agree, on August XX, 2007 to endorse the foregoing Florida Keys Watersheds Stakeholder Agreement: Audubon of Florida Name, Title Sierra Club Name. Title Isaac Walton League of America Michael Chenoweth, National Director Florida International University South Florida Ecosystem Restoration Task Force Name, Title The Nature Conservancy South Florida/Florida Keys Program Name, Title Earth Justice Name, Title Thousand Friends of Florida Name, Title Florida Keys Visitors and Convention Bureau Name, Title Interested Party Name, Title Monroe County Commercial Fishermen Name, Title Reef Relief Name, Title Interested Party Name, Title Page 7 of 7