Resolution 092-2019 RESOLUTION NO. 092 -2019
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
'MONROE COUNTY,FLORIDA AUTHORIZING TIEE,CONVEYANCE OF
A PARCEL OF PROPERTY LOCATED AT LOT 19, MONROE PARK
SUBDIVISION, ALSO KNOWN AS 574 HAZEL STREET, KEY LARGO,
FLORIDA TO THE FLORIDA'KEYS AQUEDUCT AUTHORITY("FKAA")
FOR THE SOLE PURPOSE OF SERVING AS THE. SITE FOR A NEW
WASTEWATER TREATMENT FACILITY TO SERVE THE CROSS KEY
SERVICE AREA AND NO OTHER USE; AND REQUIRING ANY AND ALL
APPLICABLE REVERTER CLAUSES BE INCLUDED IN ANY DEED
TRANSFERRING OWNERSHIP OF THIS' PROPERTY TO THE FKAA
GUARANTEEING OWNERSHIP OF THE REAL PROPERTY WILL
REVERT BACK TO MONROE COUNTY IF THE PROPERTY IS NOT
UTILIZED FOR THE INTENDED SPECIFIC PURPOSE -IT WAS
CONVEYED.
WHEREAS,Sec. 125.38, Florida Statutes, provides for the conveyance of County-owned
real property to the State of Florida, or any department thereof, or any municipality, corporation,
or other not-for-profit organization,for public or community interest and welfare, if Board of
County Commissioners is satisfied the red property to be conveyed is needed for such use and is
not needed for any County purposes; if so determined, the conveyance may be fora nominal price
regardless of the actual value of the property, with no advertisement required; and
WHEREAS,the Monroe County Board of County Commissioners("130CC")is the owner
of record of a certain parcel of real property with a legal description of Lot 19, MONROE PARK,
according to the Plat thereof, as recorded in Plat Book-3, Page 140, of the Public Records of
Monroe County, Florida, and also known as 574 Hazel Street, Key Largo, Florida 33037, Parcel
Identification Number 00573020-000000 (hereinafter "Property"), after having obtained
'ownership of the Property on December 13,2016,by virtue of a Personal Representative's Release
and Certificate of Distribution of Real Property from Donna Andrino, as personal representative
of the estate of Debra Andrino,deceased; and
YVHEREAS, the Florida Keys Aqueduct Authority ("FKAA") has requested the County
transfer of ownership of Lot 19 in Monroe Park Subdivision, a/k/a 574Hazel Street, Key Largo,
Florida, to the FKAA as the site for a new wastewater treatment facility, currently under design,
for the Cross Key service area, as set forth in their January,28, 2019 letter to the County, a copy
of which is attached hereto and made a part of this Resolution as Exhibit"A"; and
WHEREAS, the BOCC has determined it is in the best interest of the public and the
conimunity to,convey the subject property to the FKAA. for,its sole use as the site lbr a new
wastewater treatment facility to serve the Cross Key Service Areairequiringunyund all applicable
reverter clauses be included in any deed transferring ownership of this property to the FKAA
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Lraratiteeritg, Ownership be the real properly will revert back to Monroe cOurity ifthe PrOPertY is
not utilized for the intended specific purposeit was conveyed;.and
WHEREAS,:pursuant to Sec. 125.38, :Florida. Statrites, and in light of its ,finding and
determination; the BOCC desires to convey the subject property to the FKAA for its sole use as
the site of anew wastewatertreatmentl'acility to serve the Cross Key Service AreA-and,ibe-subject
property is.not needed,by the-County ter any purposes;and
NOW; THEREFORE, I3E 'IT RESOLVED- BY THE.. BOARD :OF COUNTY
COMMISSIONERS OF MONROECOUNTY,FLORIDA
Settion I. Aceitals. The'recitations Set.forthAbove4re hereby„ineorporated by reference
.herein.
Seetion-,2. The Board -finds that the Property is needed -by the Florida Keys Aqueduct
Authotity.fOr the'aforementioned purposes is not neededfer any Cetinty-pUrposes.
Section 3. The Beard approves the trarisferofthe.real property located at Lot 19,Monroe Park
Subdivision,. Key _Large, Florida, Parcel Identification Number '00573.020-000000, currently
owned by the County, to the, Florida Keys Aqueduct Authority, for the nominal amount of One
And 00/100 ($1:00) Dollar, subject to the prior, review and.approval of said transaction by the
County Administrator and County Atterney. Such review shall include due diligence to determine
-any potential liabilities prior to the:transfer Of title,,owildtshig, and control of the.Property by the
FKAA.
Section 4. The County Administrator and County Mtorney are-authorized to prepare, revievv,
have executed by the appropriate officials, and record_all necessary legal instruments to transfer
title, ownership, and control of the real property,- which is located at Lot 19, Monroe Park
„SubdiVision;a/k/a 574 Hazel_Strept; Key Largo, Florida.
Section:5.. The County agrees to all of its right,title,and interest in the aforementioned
Property as long as FKAA uses the properly to build and maintain its wastewater treatment facility
for the Cross Key service area, and the FKAA agtoo -taaedept.said described properly for its sole
designated.use and in its "as is" Conditien, subject tO any and all existing covenants, restrictions,
and easements of record which may presently encumber the property,if any, including the reverter
-clause.
Section-6. The County Administrator and County-Attorney are authorized to expend budgeted,
funds, as necessary; to complete,any due diligence and the transactions contemplated herein
,regardingthis Property.
Section-7. Effective.Date. This Resolution shall become effective upon adoption and shall
centintie tebein-full force and effect until Modified or.rescinded by.subsequent resolution of this
Board.
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe.County,
Florida, at a regular meeting of said Board held on the 2l st day of March,2019.
Mayor Sylvia Murphy Yes
Mayor Pro Tem Danny L. Kolhage Yes_.
Commissioner Heather Carruthers Yes
Commissioner David Rice Yes
Commissioner Michelle Coldiron Yes
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'Attest YIN MADOK, Clerk BOARD OF COUNTY COMMISSIONERS
OF 1VIONROE COUNTY,FLORIDA
By: BY:
Deputy Clerk ayor%Chairman
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W
MOLE COUNTY ATTORNEY'S OFFICE
A PROVED AS T(3 F R
PATRICIA EAMMES
ASSISTANT COUNTY ATTORNEY
DATE... . -
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EXHIBIT "A"
FKAA LETTER TO COUNTY
REGARDING HAZEL STREET PROPERTY
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Florida Keys
,i,Rol*trt Dean
Chairinan
Distiict 3
Aqueduct Authority Richard J.Tcippino
Vi.ixi7chainrian.
,,,°‘ -7:' 1100 Kennedy Drive
v/--.14...) '''' Key West,Floilde 33040
1 A. '
• District 2
-'''',---- Telephone(305)295-2454 '1 O David C.Ritz wit&Atialam Societaryfireasurer
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District 5
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District 1
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Executive Direct&
:., —
January 28,2019
Mr. Kevin G. Wilson,P.E.
Assistant County Administrator
Monroe County,Florida
102050 Overseas Highway
Key Largo,FL 33037
Subject: Lot 19 Monroe Park ,
Dear Mr. Wilson,
The purpose of this letter is to formally request transfer of ownership of Lot 19 in Monroe Park (574
Hazel Street in Key Largo) from the County to the Florida Keys Aqueduct Authority for use in siting
the new wastewater treatment facility,currently under design,for the Cross Key service area.
If you have any questions,or need additional information,please do not hesitate to contact Kent Nelson,
Deputy Executive Director,at(305)295-2140 or knelson@fkaa.com.
Best regards,
.-.. V 0 1114
kirk C. Aleir --- .
Exccuti wiiirector
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! DocA 2211943 03/22/2019 4:30PM
Filed & Recorded in Official Records of
MONROE COUNTY KEVIN MADOK
03/22/2019 4:30PM
DEED DOC STAMP CL: Brit $0.70
Prepared by:
Patricia A.Eables,Esq.
Assistant County Attorney Doclt 2211943 — - —�
Monroe County BIM 2954 PO 1772
P.O. Box 1026
Key West,FL 33041
(305)292-3470
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When recorded return to:
Patricia A.Eables,Esq.
Assistant County Attorney
Monroe County
P.O.Box 1026
Key West,FL 33041
QUITCLAIM DEED
(Pursuant to F.S. Sec. 125.411)
THIS DEED made this 21' day of March, 2019, by MONROE COUNTY, FLORIDA,
party of the first part, as "GRANTOR", whose post office address is 1100 Simonton Street, Key
West,Florida 33040,and FLORIDA KEYS AQUEDUCT AUTHORITY,party of the second part,
as"GRANTEE", whose post office address is 1100 Kennedy Drive, Key West, Florida 33040.
(Wherever used herein the terms"Grantor"and"Grantee"shall include singular and
plural,heirs, legal representatives, and assigns of individuals,and the successors and
assigns of corporations, partnerships,and other public and private entities, wherever
the context so.admits or requires.)
WITNESSETH, that the Grantor, for and in consideration of the sum of One and 00/100
($1.00) Dollar to it, in hand paid by the Grantee, receipt whereof is hereby acknowledged, has
granted, bargained and sold to the Grantee, its heirs and assigns forever, the following described
land lying and being situated in Monroe County, Florida:
Lot 19,MONROE PARK, according to the Plat thereof,as recorded in Nat Book 3,
Page 140, of the Public Records of Monroe County, Florida.
Property Appraiser's Parcel Identification Number 00573020-000000.
Property Address a/k/a 574 Hazel Street,Key Largo, Florida 33037.
THIS CONVEYANCE IS SUBJECT TO all zoning rules,regulations, ordinances, and
other prohibitions imposed by any governmental authority with jurisdiction over the Property
conveyed herein; existing public purpose utility and government easements and rights-of-way,and
other matters of record; taxes for the year of closing and subsequent years; a Resolution of the
Board of County Commissioners of Monroe County, Florida, approving the conveyance pursuant
to Section 125.38, Florida Statutes; and all other provisions of which are hereby incorporated
herein and made a part hereof by this reference.
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Docti 2211943
Bk 2954 Pgp 1773
THIS CONVEYANCE IS SUBJECT TO THE FOLLOWING REVERTER
CLAUSE:
1) It is a condition of this conveyance that the Property shall be used solely by Grantee
for use in siting of a new wastewater treatment facility, currently under design, for the
Cross Key service area,and its operation thereafter solely by Grantee. In its use of the
Property for this solely intended purpose,there shall be no residential development of
any kind on said Property in conjunction with Grantee's use of a wastewater treatment
facility. In the event, the Property is not used for the wastewater treatment facility, all
right, title, and interest in the Property would automatically revert to the Grantor as a
matter of law and pursuant to this reverter clause.
IN WITNESS WHEREOF, the said party of the first part has caused these presents to be
exeeuted.in its named by its Board of County Commissioners acting by the Chair or Vice Chair of
:,c_s id(Blaard",';the day and year aforesaid.
,1 =.{SEAL)7Aa F(JF'' MONROE COUNTY BOARD OF
•. =ATTEST: aKEVIN MADOK, CLERK COUNTY COMMISSIONERS
.441 . 1A1101/..
By. By:
Deputy erk ayo hairperson
MON OE COUNTY ATTORNEY'S OFFICE
�ROVEO AS FO M
V MA
PATRICIA EABLES
ASSISTAN4 CODUNr14TTORNEY
DATE: , J 11
2 MONROE COUNTY
OFFICIAL RECORDS