Item N05BOARD OF COUNTY COMMISSIONERS
C ounty of M onroe A(I Mayor George Neugent, District 2
T he Fl orida Keys 4� �� m Mayor Pro Tem David Rice, District 4
l Danny L. Kolhage, District I
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
June 21, 2017
Agenda Item Number: N.5
Agenda Item Summary #3030
BULK ITEM: Yes DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Chris Ambrosio (305) 292 -3470
NA
AGENDA ITEM WORDING: Approval of the Unity of Title which consolidates Monroe
County's Lot 19 parcel and a portion of the right -of -way (ROW) Hibiscus St. into a single lot with
one legal description. This is the County owned properties to be used for the public works facility in
Key Largo.
ITEM BACKGROUND: Development and planning approvals require a unity of title of a parcel
and a portion of the ROW to build the public works facility. The parcel and ROW share a common
zoning designation in Key Largo that allows for this planned facility. In April, 2017, the BOCC
approved a resolution for abandondment of a portion of the ROW. Subsequently, during the unity of
title work it was discovered that the legal description associated with that resolution contained an
error. The legal description has been corrected and a corrected resolution is being submitted
concurrently with this AIS in a separate AIS.
PREVIOUS RELEVANT BOCC ACTION: 3/16/17- BOCC approved a resolution setting the
date, time and place for the public hearing concerning the proposed ROW abandonment. 4/12/17 -
BOCC approved resolution for abandonment of a portion of the ROW Hibiscus St. for this project
and unity of title of the parcel and portion of street.
11/20/13 - BOCC approved contract for design through construction administration of the renovation
of the Magnolia St. Recycling Center for the purposes of relocating the Upper Keys Public Works
Division. 12/10/14 - BOCC approved an amendment to design contract for the purpose of
completing active projects which included the Public Works Magnolia St. project. 7/16/14 - BOCC
approved a First Amendment to the Contract for design services of the public works project. 9/21/16
- BOCC approved Second Amendment to the Contract for design services to adjust fees for design of
the public works construction project.
CONTRACT /AGREEMENT CHANGES:
Unity of Title
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Legal approved Unity of Title Hibiscus St.
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract: N/A
Total Cost to County:
Current Year Portion:
Budgeted: Yes.
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No
Grant:
County Match:
Insurance Required:
Additional Details:
If yes, amount:
REVIEWED BY:
Chris Ambrosio
Bob Shillinger
Budget and Finance
Kathy Peters
Board of County Commissioners
Completed
05/25/2017 8:37 AM
Completed
05/29/2017 1:30 PM
Completed
05/30/2017 8:12 AM
Completed
05/30/2017 10:44 AM
Pending
06/21/2017 9:00 AM
This instrument prepared by
and return to:
Adele V. Stones
Stones and Cardenas
221 Simonton Street
Key West, FL 33040
WHEREAS, Monroe County Florida, a political subdivision of the State of Florida is the
Owner (the "Owner) of the Property described as:
Lot(s) 19, Block 36 Ocean Acres Subdivision, according to the map or plat
thereof, as recorded in Plat Book 1, Page(s) 188, of the Public Records of Monroe
County, Florida.
Parcel Identification Numbers: 00454510- 000000
"MT4l
A portion of Hibiscus Street, laying between Lots 19 and 22, Block 36, "OCEAN
ACRES SUBDIVISON", as recorded in Plat Book 1, Page 188, of the Public
Records of Monroe County, Florida, and being more particularly described as
follows: Begin at the Southwest corner of said Lot 19, Block 36, "OCEAN ACRES
SUBDIVISION ", thence N 88° 09'45" along the said South Line of Lot 19 for
a distance of 215.00 feet to the Southeast corner of said Lot 19; thence S 00° 11'
15" E for a distance of 15.00 feet; thence S 88° 09'45' W along a line being 15 feet
South of and parallel with the said South Line of Lot 19 for a distance of 215.00
feet; thence N 00° l I' 15" W for a distance of 15.00 feet to the said Southwest
corner of Lot 19 and the Point of Beginning.
The Owner recognizes and acknowledges that for the public health, welfare, safety or
morals, the Property should not be divided into separate parcels owned by several owners as long
as the same is put to the hereinafter use; and
In consideration of the right to develop the Property for public works facilities and
accessory uses associated therewith, and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, Owner hereby agrees to restrict the use of the
Property in the following manner:
That said Property shall be considered as one plot and parcel of land and that no portion of
said plot and parcel of land shall be sold, transferred, devised or assigned separately, except in its
entirety as one plot or parcel of land.
The Owner further agrees that this condition, restriction and limitation shall be deemed a
covenant running with the land and shall be recorded, at the Owner's expense, in the Public
Records of Monroe County, Florida and shall remain in full force and effect and be binding upon
the Owner, his/her /its heirs, successors and assigns and upon all mortgagees or lessees until such
time as the same may be released in writing by the County Administrator or his/her designee.
Further provided, however, that a release will be executed when the premises are made to conform
to the applicable zoning regulations or the use or structure is removed from the premises and there
is no further reason to maintain the Unity of Title on the public records.
IN WITNESS WHEREOF, the said party of the first part has caused these presents to be
executed in its name by the Board of County Commissioners of Monroe County, Florida at a
regular meeting of said Board on the 21st day of June, 2017.
ATTEST: KEVIN MADDOK, CLERK BOARD OF COUNTY COMMISSIONERS
I
Deputy Clerk
OF MONROE COUNTY, FLORIDA
Date:
Approved as to form and legal sufficiency.
Assistant County Attorney
Chris Ambrosio, Esq.
Date: May 24, 2017
I
Mayor George R. Neugent
Date:
2