03/21/2019 Agreement 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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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
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• District 2
-'''',---- Telephone(305)295-2454 '1 O David C.Ritz wit&Atialam Societaryfireasurer
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District 5
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Executive Direct&
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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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