Resolution 167-2019 RESOLUTION NO. 167-2019
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
RATIFYING THE INTERLOCAL AGREEMENT DATED
OCTOBER 18, 2017 REGARDING THE TRANSFER OF
FIFTHY-THREE (53) RATE OF GROWTH ALLOCATIONS
FROM THE COUNTY TO THE CITE'OF MARATHON FOR - - - -= -- -- --
THE PURPOSES- OF -BUILDING AN AFFORDABLE
HOUSING PROJECT KNOWN AS THE SEAWARD
PROJECT.
WHEREAS, the City and the County entered into an Interlocal Agreement (ILA)
regarding the affordable housing project known as the SEAWARD project on October 18, 2017;
and
WHEREAS, the Board's approval on October 18, 2017 required that the text of the ILA
be amended from that which appeared on the agenda; and
WHEREAS, the text changes have been made as set forth in the version that is attached
hereto and incorporated by reference herein as Exhibit A to this resolution; and
WHEREAS, due to the passage of time since the approval by the Board, the Clerk has
requested that the Board ratify the ILA so that the record is clear as to the operative language in
the ILA; and
WHEREAS,the ILA included a condition in Section 3 that the Fifty-three(53)units would
revert to the County if said units were not utilized and committed by December 31, 2019; and
WHEREAS, the City of Marathon has provided sufficient evidence that the units have
been committed and that construction is ongoing;
WHEREAS,the Marathon City Council ratified the updated agreement on May 28, 2019.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,FLORIDA:
1. The Interlocal Agreement between the County and the City which transferred
Fifty-three(53)Rate of Growth Allocations from the County to the City for use
in the affordable housing project known as SEAWARD PROJECT is hereby
ratified nunc pro tunc to OCTOBER 18, 2017. The ILA shall be interpreted to
have been in full force and effect since OCTOBER 18, 2017. .
2. The condition precedent set forth in Section 3 of the ILA has been satisfied and
the units are vested in the project and will not revert to the County.
Page 1 of 2
3. This resolution shall take effect upon adoption.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 19th day of June, 2019.
Mayor Sylvia Murphy Yes
Ax�e�> ` Mayor Pro Tern Danny L. Kolhage Yes
,, ., ---Commissioner Heather Carruthers Yes - . ---- va-__=_�__
' �,.,; Commissioner Michelle Coldiron Yes
<, . , . Commissioner David Rice Yes
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j`' z � �•'� BOARD OF COUNTY COMMISSIONERS
. ' ' VIN MADOK, CLERK OF MONROE COUNTY,FLORIDA
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By: T By: /
Deputy Clerk Mayor Sylvia Murphy
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Page 2 of 2
INTERLOCAL AGREEMENT BETWEEN
MONROE COUNTY AND THE CITY OF MARATHON
TRANSFERRING AFFORDABLE HOUSING RESIDENTIAL ALLOCATIONS
This Agreement ("Agreement") is made and entered into this 1�3' -day of cXf Ober
2017, by and between Monroe County, a political subdivision of the State of Florida, whose
address is 1100 Simonton Street, Key West, Florida 33040 ("County") and the City of Marathon,
a municipal corporation of the State of Florida, whose address is 9805 Overseas Highway,
Marathon, Florida 33050 (the "City");
WITNESSETH:
WHEREAS, Monroe County and the City of Marathon recognize the value of regional
partnerships in smart growth; and
WHEREAS, Policy 101.3.10 of the Year 2030 Monroe County Comprehensive Plan
allows Rate of Growth Ordinance building permit allocations (ROGOs) for affordable housing
projects to be pooled and transferred between local government jurisdictions within the Florida
Keys Area of Critical State Concern,if accomplished through an interlocal agreement between the
sending and receiving local governments; and
WHEREAS, Chapter Five (5) of the City Comprehensive Plan identifies goals, objectives
and policies to provide for development pursuant to intergovernmental coordination and interlocal
agreements; and
WHEREAS, Monroe County and the City of Marathon have previously entered into
interlocal agreements to transfer ROGOs; and
WHEREAS, Monroe County and the City of Marathon recognize the potential economic
value of such transferable affordable allocations; and
WHEREAS,this Agreement is entered into according to the authority of Florida Statutes,
Section 163.01, et. seq., Florida Interlocal Cooperation Act of 1969, which states:
"It is the purpose of this section to permit local government units to make the most
efficient use of their powers by enabling them to cooperate with other localities on
a basis of mutual advantage and thereby to provide services and facilities in a
manner and pursuant to forms of governmental organization that will accord best
with geographic,economic,population,and other factors influencing the needs and
development of local communities"; and
1
WHEREAS, the comprehensive plans of Monroe County and the City of Marathon
expressly identify interlocal agreements as a means of resolving issues mutually affecting their
respective jurisdictions; and
WHEREAS, SEAWARD PROPERTIES, LLC, a Florida limited liability company
(hereafter"Property Owner"), has submitted an application for the construction of fifty-three (53)
deed restricted affordable housing units; and
WHEREAS,the legal descriptions of the properties are attached hereto as Exhibit"A"and
Exhibit"B" and by reference made a part hereof.
WHEREAS, County hereby agrees to transfer to City fifty-three (53) affordable housing
allocations to allow Marathon to secure deed restricted affordable housing at the above properties.
WHEREAS,the parties have determined that this Agreement is in the best interests of the
public.
NOW, THEREFORE,the parties hereto agree as follows:
Section 1. TRANSFER: The parties agree to permit the transfer of fifty-three (53)
affordable housing ROGO allocations from Monroe County to the City of Marathon, and subject
to the conditions contained therein, including but not limited to:
a. The filing of a 99 year Affordable Housing Deed Restriction on all
of the fifty-three (53) affordable housing units pursuant to this Agreement and the
applicable requirements of the Code of Ordinances, City of Marathon, Florida and
similar requirements of the Florida Building Code.
b. The affordable housing shall be solely in the categories of income
as shown below and set forth in Section 104.03 of the City of Marathon Code.
c. A detailed breakdown of the affordable housing allocations are set forth
below:
8 Very Low—50% of median income (located at the FKR)
8 Low— 80% of median income (1 BR's Seaward)
15 Median— 100% of median income (1 BR's Seaward)
18 Median— 100% of median income (2 BR's Seaward)
4 Moderate— 120% of median income (3 BR's Seaward)
The breakdown by percentages is:
8 @ 50%median income = 15%
8 @ 80% median income= 15%
33 @ 100%median income= 62%
4 @ 120% median income= 8%
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d. This transfer shall be considered to fulfill the requirement stated in item 4.,
page 3,of the 380 Agreement executed on December 21,2017,between the State of Florida
Department of Economic Opportunity, the County of Monroe, City of Key West,
Islamorada, Village of Islands, City of Layton, and the City of Marathon for the transfer
and distribution of BPAS units from the City of Key West to Monroe County and transfer
and distribution of ROGO allocations from Monroe County to Islamorada, Village of
Islands, City of Layton, and the City of Marathon, in which the County agrees to provide
eleven(11)permanent ROGO units to the City of Marathon.
Section 2. ASSIGNMENT: Monroe County has assigned its rights to the affordable
allocations to the City and shall be designated as follows:
a. The fifty-three (53) affordable housing allocations are to be issued by the
City to be used specifically by Property Owners.
b. The affordable housing allocations shall be applied and designated as
affordable housing for the fifty-three (53) units to be constructed by the Property Owners.
Section 3. TERM: Subject to and upon the terms and conditions set forth herein, this
Agreement shall continue in force until fully performed by the parties and Property Owner or until
12/31/19 at which time said units will revert to the County if not utilized and committed as
described herein.
Section 4. NOTIFICATION: The City of Marathon shall (1) notify Monroe County
of any assignment(s) and successor(s) in interest or title to the Property Owner for the duration of
the ROGO allocations described in Section 1. ("Transfer") above, and (2) shall notify Monroe
County of any assignment(s)and successor(s)in interest or title to the ROGO allocations described
in Section 1. ("Transfer") above at least thirty (30) days prior to the date of such transfer or
succession by certified U. S. Postal Service Certified mail to the Monroe County Planning &
Environmental Resources Senior Director.
All such notices under this Section("Section 4.") shall be sent to the following addresses:
Monroe County Administrator
1100 Simonton Street
Key West, FL 33040
Planning&Environmental Resources Department
Attn: Senior Director
2978 Overseas Highway
Marathon, FL 33050
Section 5. GOVERNING LAWS/VENUE: This Agreement shall be construed in
accordance with and governed by the laws of the State of Florida and the United States. Exclusive
venue for any dispute arising under this Agreement shall be in the Sixteenth Judicial Circuit in and
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for Monroe County, Florida. In the event of any litigation, the prevailing party is entitled to a
reasonable attorney's fee and costs. This Agreement is not subject to arbitration.
Section 6. NONDISCRIMINATION: The parties agree that there will be no
discrimination against any person, and it is expressly understood that upon a determination by a
court of competent jurisdiction that discrimination has occurred, this Agreement automatically
terminates without any further action on the part of any party, effective the date of the court order.
The parties agree to comply with all Federal and Florida statutes, and all local ordinances, as
applicable, relating to nondiscrimination. These include but are not limited to (1) Title VI of the
Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color
or national origin; (2) Section 504 of the Rehabilitation Act of 1973, as amended (20 U.S.C. s.
1975, as amended (42 U.S.C. ss. 6101-6107)), which prohibits discrimination on the basis of age;
(4) The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse; (5) The Comprehensive Alcohol Abuse And
Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended,
relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (6) The Public Health
Service Act of 1912, ss. 523 and 527, (42 U.S.C. ss. 290 dd-3 and 290 ee03), as amended,relating
to confidentiality of alcohol and drug abuse patient records; (7) The Americans With Disabilities
Act of 1990 (42 U.S.C. s. 1201 Note), as may be amended from time to time, relating to
nondiscrimination on the basis of disability; (8) The Florida Civil Rights Act of 1992, (Chapter
760, Florida Statutes, and Section 509.021, Florida Statutes), as may be amended from time to
time, relating to nondiscrimination; and (9) any other nondiscrimination provisions in any federal
or state statues or local ordinances which may apply to the parties to, or the subject matter of, this
Agreement.
Section 7. CODE OF ETHICS: The parties agree that their officers and employees
recognize and will be required to comply with the standards of conduct relating to public officers
and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to,
solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation;
misuse of public position, conflicting employment or contractual relationship; and disclosure or
use of certain information.
Section 8. NO SOLICITATION/PAYMENT: The parties warrant that, in respect to
itself,it has neither employed nor retained any company or person,other than a bona fide employee
working solely for it, to solicit or secure this Agreement and that it has not been paid or agreed to
pay any person, company, corporation, individuals, or firm, other than a bona fide employee
working solely for it,any fee,commission,percentage,gift,or other consideration contingent upon
or resulting from the award or making of this Agreement. For the breach of violation of this
provision, each party agrees that the other party shall have the right to terminate this Agreement
without liability and, at its discretion, to offset from monies owed, or otherwise recover the full
amount of such fee, commission, percentage, gift, or consideration.
Section 9. SUBORDINATION: This Agreement is subordinate to the laws and
regulations of the United States and the State of Florida, whether in effect on commencement of
this Agreement or adopted after that date.
4
Section 10. INCONSISTENCY: If any item, condition, or obligation of this
Agreement is in conflict with other items of this Agreement,the inconsistencies shall be construed
so as to give meaning to those terms which limited the County's responsibility and liability.
Section 11. PUBLIC ACCESS TO RECORDS: The parties shall allow and permit
members of the public reasonable access to, and inspection of, all documents, papers, letters, or
other materials subject to the provisions of Chapter 119,Florida Statutes, and made or received by
the parties in conjunction with this Agreement.
Section 12. NON-RELIANCE BY NON-PARTIES: Other than as stated herein, no
person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to
enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or
program contemplated hereunder, and the parties agree that neither the County nor the City or any
agent, officer, or employee of each shall have the authority to inform, counsel, or otherwise
indicate that any particular individual or group of individuals, entity or entities, have entitlements
or benefits under this Agreement separate and apart, inferior to, or superior to the community in
general or for the purposes contemplated in this Agreement.
Section 13. NO PERSONAL LIABILITY: No covenant or agreement contained
herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee
of a party in his or her individual capacity, and no member, officer, agent or employee of a party
shall be liable personally on this Agreement or be subject to any personal liability or accountability
by reason of the execution of this Agreement.
Section 14. NOTICES: All notices and other communications hereunder must be in
writing and addressed as follows, or to any other address which either party may designate to the
other party by mail:
If to County: Roman Gastesi, Jr., County Administrator
Monroe County Historic Gato Building
1100 Simonton Street
Key West, Florida 33040
Planning &Environmental Resources Department
Attn: Senior Director
2798 Overseas Highway
Marathon, FL 33050
With a copy to: Robert B. Shillinger, Jr., Esquire
Monroe County Attorney's Office
P.O. Box 1026
Key West, Florida 33041-1026
If to City: Charles Lindsay
City Manager
City of Marathon
5
9805 Overseas Highway
Marathon, Florida 33050
George Garrett
Planning Director
City of Marathon
9805 Overseas Highway
Marathon, FL 33050
With a copy to: David Migut, Esquire
City Attorney
City of Marathon
9805 Overseas Highway
Marathon, FL 33050
Thomas D. Wright, Esq.
Law Offices of Thomas D. Wright, Chartered
9711 Overseas Highway
Marathon, FL 33050
Attorney for Property Owner
Any notice required by this Agreement to be given or made within a specified period of
time, or on or before a date certain, shall be deemed to have been duly given if sent by certified
mail, return receipt requested, postage and fees prepaid; hand delivered, or sent by overnight
delivery service.
Section 15. ENTIRE AGREEMENT/MODIFICATION/AMENDMENT: This
writing contains the entire Agreement of the parties and supersedes any prior oral or written
representations. No representations were made or relied upon by either party, other than those that
are expressly set forth herein. No agent, employee, or other representative of either party is
empowered to modify or amend the terms of this Agreement, unless executed with the same
formality as this document.
Section 16. MISCELLANEOUS: Each party represents and warrants to the other that
the execution, delivery, and performance of this Agreement has been duly authorized by all
necessary corporate or other organizational action, as required.
Section 17. COUNTERPARTS: This Agreement may be executed in several
counterparts, each of which shall be deemed an original, and such counterparts shall constitute one
and the same instrument.
Section 18. SEVERABILITY: The provisions of this ILA are declared to be severable,
and if any sentence, section, clause, or phrase of this ILA shall, for any reason, be held invalid or
unconstitutional, such decision shall not affect the validity of the remaining sentences, sections,
clauses, or phrases, of the ILA, but they shall remain in effect, it being the legislative intent that
this ILA shall stand notwithstanding the invalidity of any part.
6
Section 19. EFFECTIVE DATE: This Agreement shall take effect on the date set
forth above.
SIGNATURES ON FOLLOWING PAGES
7
TNESS WHEREOF, each party has caused this Agreement to be executed by its
or�.4 epresentative.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
VIN MADOK, CLERK
By: T. ejs By:
Deputy Clerk Mayy9o�'//�C�pJha�rperson
Date: O,�-e-4-4.IU 1 Si 2b 1
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
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17
LLI
i= 7, County Attorney
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RkTTE THE CITY OF MARATHON FLORIDA
USITAU, A�-le
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DIANE CLAVIER Mayo ohn w u
City Clerk
(City Seal) 2c a01g,
Date:
APPROVED AS TO FORM AND
LEGALITY FOR THE USE AND
RELIANCE OF THE CITY OF MONROE CO NTY A 1TOR
MARATHON, FLORIDA ONLY: APP O F •
BERT ...$HI Nt3ER,JR.
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avid Mi t
City Attorney
8
EXHIBIT A
9
LEGAL DESCRIPTION sEc:r.c, :-
THIS IS NOT A SURVEY i =.
LEGAL DESCRIPTION PREPARED AT REQUEST._„OF CLIENT:
PARCEL A:
SITUATED IN THE COUNTY OF MONROE, STATE OF FLORIDA AND
KNOWN AS BEING A PART OF GOVERNMENT LOT 4, SECTION 1,
TOWNSHIP 66 SOUTH, RANGE 32 EAST ON KEY VACA AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A. POINT WHERE THE SOUTHERLY RIGHT—OF—WAY OF
U. S. HIGHWAY NO. 1 INTERSECTS WITH THE WEST LINE OF SECTION
12, TOWNSHIP 66 SOUTH, RANGE 32 EAST, BEAR NORTH 67
DEGREES, 51 MINUTES, 00 SECONDS EAST ALONG SAID SOUTHERLY
RIGHT—OF—WAY OF SAID U. S. HIGHWAY NO. 1 RIGHT—OF—WAY A
DISTANCE OF 3520.48 FEET TO THE POINT OF BEGINNING OF THE
PROPERTY HEREINAFTER DESCRIBED, SAID POINT ALSO BEING AT A
POINT WHERE THE SOUTHERLY RIGHT—OF—WAY LINE OF U. S.
HIGHWAY NO. 1 INTERSECTS WITH THE WEST LINE OF THE EAST
ONE—HALF (EAST 1/2) OF A PARCEL OF LAND AS DESCRIBED IN
OFFICIAL RECORD BOOK 781, PAGE 532 OF THE MONROE COUNTY,
FLORIDA, PUBLIC RECORDS; THENCE CONTINUE NORTH 67 DECREES,
51 MINUTES, 00 SECONDS EAST, ALONG THE SAID SOUTHERLY
RIGHT—OF—WAY LINE, FOR A DISTANCE OF 285.04 FEET TO A POINT
ON A LINE BEING THE EAST LINE OF SAID PARCEL; THENCE BEAR
SOUTH 00 DEGREES, 00 MINUTES, 00 SECONDS EAST ALONG SAID
EAST LINE A DISTANCE OF 469.93 FEET; THENCE BEAR SOUTH 45
DEGREES, 26 MINUTES, 39 SECONDS WEST A DISTANCE OF 122.19
FEET; THENCE BEAR SOUTH 83 DEGREES, G9 MINUTES, 07 SECONDS
WEST A DISTANCE OF 178.26 FEET, AT A POINT ON THE SAID WEST
LINE OF THE EAST ONE—HALF (EAST 1/2) PARCEL OF LAND AS
RECORDED AT OFFICIAL RECORD BOOK 781, PAGE 532;THENCE BEAR
NORTH 00 DEGREES, 00 MINUTES, DO SECONDS WEST A DISTANCE OF
469.40 FEET, BACK TO THE POINT OF BEGINNING. (SAID PARCEL
CONTAINING AN AREA OF 130,681.060, PLUS OR MINUS, SQUARE
FOOT, 3.000 ACRES, MORE OR LESS.)
Norrs:
I)THIS PREPARED LEGAL DESCRIPTION IS BASED ON LEGAL DESCRIPTION AS FURNISHED BY CLIENT.
THIS SKETCH IS BASEDUPON PRIOR SURVEY BY THIS OFFICE DATED 0505116.
2)NO LEGAL DESCRIPTION FURNISHED FOR UTILITIES.UTILITY LINES,POWER POLES AND SEWER
HOOKUPS,WHERE APPLICABLE,MAY HAVE ACQUIRED PRESCRIPTIVE EASEMENTS AND THEREFORE
ARE NOT SHOWN AS ENCROACHMENTS.
3)ADDITIONS OR DELETIONS TO THIS SURVEY SKETCH BY OTHERS THAN THE SIGNING PARTY IS
PROHIBITED WI TIIOUT WRITTEN CONSENT OF THE SIGNING PARTY.
4)DIMENSIONS(MEASUREMENTS)ARE SHOWN TO THE NEAREST ONE HUNDREDTH OF A FOOT.{r•M)AS
MEASURED HORIZONTALLY IN ACCORDANCE WITH UNITED STATES STANDARD(FOLLOWING ZEROS
MAY NOISE SHOWN).BEARINGS ARE SHOWN TO T11E.NEAREST ONE SECOND,WHERE REQUIRED.ALL
ANGLES ARE 90 DEGREES UNLESS OTHERWISE NOTED.
5)THE EXPECTED USE OF TIES PROPERTY.AS CLASSIFIED IN THE STANDARDS OF PRACTICE AND
(SJ-1'052)151 OF THE STATE OF FLORIDA,IS COMMERCIAL THE MINIMUM RELATIVE DISTANCE
ACCURACY FOR THIS TYPE OF BOUNDARY SURVEY IS ONE FOOT IN IO,QDO FEF-T,THE ACCURACY WAS
ACFIIEYF.D'BY A REDUNDANCY OF FIELD MEASUREMENTS AND CAI.CUI..ATIONS OF A CLOSED
GEOMETRIC FIGURE BY COMPUTER MAPPING TECHNOLOGY AND WAS FOUND TO EXCEED THE STATE
REQUIREMENT.
6)NORTH ARROW AND SEARING BASIS SOP'S(r00"K AS PER PLAT AS NOTED.
7)ALL MONIJMENTATION HAVE NO IDENTIFICATION EXCEPT AS*TOTED.
E)THIS SKETCH IS NOT ASSIGNABLE.THIS SKETCH SUBJECT TO.4 TITLE SEARCH
9)COPYRIGHT NOTE,THE INTENDED USE OF THIS SKETCH IS TO RLC5UISDIVIOE THE PROPERTY.ANY
_EW NNTO.....TH . .._._.._..
OTHER USE IS STRICTLY FORBIDDEN WITHOUT THE WRITTEN CONSENT OF THE SIGNING SUItVf>YOR.
THIS.DOCUMENT IS GOOD FOR 90 DAYS OR WHEN CHANGES HAVE OCCURRED,WHICHEVER IS SOONER.
10)LIMITATION OF LIABILITY RECOVERY TO THOSE BENEFITED NAMED.
I I)THIS SKETCH WAS PREPARED TO THE BEST OF MY KNOWLEDGE AND BELIEF AND IS BASED ON MY
PROFESSIONAL OPINION AND DOES NOT CONSTITUTE AN EXPRESSION OF WARRANTY OR GUARANTY.
12)THERE IS A GAP RANGING FROM'IR/..'TO 1.22'BETWEEN THE EAST LINE OF TIi!S PROPERTI'AND'FILE
WEST LINE OF AMENDED PLAT OF GULFSTREAM SHORES PLAT NO.2,PLAT(BOOK 3,PAGE tea
Wff;f .Er;??.� UN3,E%
NOT VALID WITHOUT
SHEET 3 ATTACHED
THE SKE'IC.I1 DEPICTED IIERE IS NOT COVERED
BY PROFESSIONAL LIABILITY INSURANCE SHEET 1 OF 3
11
LEGAL DESCRIPTION
THIS IS NOT A SURVEY
LEGAL DESCRIPTION PREPARED AT REQUEST OF CLIENT:
PARCEL B:
SITUATED IN THE COUNTY OF MONROE, STATE OF FLORIDA AND
KNOWN AS BEING A PART OF GOVERNMENT LOT 4, SECTION 1,
TOWNSHIP 66 SOUTH, RANGE 32 EAST ON KEY VACA AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT WHERE THE SOUTHERLY RIGHT-OF-WAY OF
U. S. HIGHWAY ND. 1 INTERSECTS WITH THE WEST LINE OF SECTION
12, TOWNSHIP 66 SOUTH, RANGE 32 EAST, BEAR NORTH 67
DEGREES, 51 MINUTES, 00 SECONDS EAST ALONG SAID SOUTHERLY
RIGHT-OF-WAY OF SAID U. S. HIGHWAY NO. 1 RIGHT-OF-WAY A
DISTANCE OF 3520.48 FEET TO THE POINT OF BEGINNING OF THE
PROPERTY HEREINAFTER DESCRIBED, SAID POINT ALSO BEING AT A
POINT WHERE THE SOUTHERLY RIGHT-OF-WAY LINE OF U. S.
HIGHWAY NO. 1 INTERSECTS WITH THE WEST LINE OF THE EAST
ONE-HALF (EAST 1/2) OF A PARCEL OF LAND AS DESCRIBED IN
OFFICIAL RECORD BOOK 781, PAGE 532 OF THE MONROE COUNTY,
FLORIDA, PUBLIC RECORDS; THENCE CONTINUE NORTH 67 DEGREES,
51 MINUTES, 00 SECONDS EAST, ALONG THE SAID SOUTHERLY
RIGHT-OF-WAY LINE, FOR A DISTANCE OF 285.04 FEET TO A POINT
ON A LINE BEING THE EAST LINE OF SAID PARCEL; THENCE BEAR
SOUTH 00 DEGREES, 00 MINUTES, 00 SECONDS EAST ALONG SAID
EAST LINE A DISTANCE OF 469.93 FEET TO THE POINT OF BEGINNING..
OF THE PROPERTY HEREINAFTER DESCRIBED; THENCE CONTINUE
SOUTH 00 DEGREES, 00 MINUTES, 00 SECONDS EAST, ALONG SAID
LINE, A DISTANCE OF 349.08 FEET, MORE OR LESS, TO THE
SHORELINE OF THE STRAITS OF FLORIDA; THENCE MEANDER THE
STRAITS OF FLORIDA IN A SOUTHWESTERLY DIRECTION, ALONG THE
SOUTHERLY LINE OF SAID PARCEL, TO A POINT ON THE WEST LINE
OF SAID PARCEL; THENCE BEAR NORTH 00 DEGREES, 00 MINUTES,
00 SECONDS WEST, ALONG SAID LINE, A DISTANCE OF 693.01 FEET,
MORE OR LESS, TO THE SOUTHERLY LINE OF PARCEL A AS
PREVIOUSLY DESCRIBED;THENCE BEAR NORTH 83 DEGREES, 09
MINUTES, 07 SECONDS EAST, ALONG SAID SOUTHERLY LINE, A
DISTANCE OF 178.26 FEET; THENCE BEAR NORTH 45 DEGREES, 26
MINUTES, 39 SECONDS EAST, ALONG SAID SOUTHERLY LINE, A
DISTANCE OF 122.19 FEET, BACK TO THE POINT OF BEGINNING. (SAID
PARCEL CONTAINING AN AREA OF 87,910.519, PLUS OR MINUS,
SQUARE FOOT, 2.018 ACRES, MORE OR LESS.)
NOTES,
Ij THIS PREPARED LEGAL DESCRIPTION IS BASED ON LEGAL DESCRIPTION AS FURNISHED BY CLIENT.
THIS SKETCH IS BASED UPON PRIOR SURVEY BY THIS OFFICE DATED 01/0.5115.
2)NO LEGAL DESCRIPTION FURNISHED FOR UTILITIES.UTILITY LINES,POWER POLES AND SEWER
HOOKUPS,WHERE APPLICABLE,MAY HAVE ACQUIRED PRESCRIPTIVE EASEMENTS AND THEREFORE
ARE NOT SHOWN AS ENCROACHMENTS.
3)ADDITIONS OR DELETIONS TO THIS SURVEY SKETCH BY OTHERS THAN THE.SIGNING PARTY IS
PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY.
4)DIMENSIONS(MEASUREMENTS)ARESHOWN TO THE NEAREST ONE HUNDREDTH OF A FOOT(OAS)AS
MEASURED HORIZONTALLY IN ACCORDANCE WITH UNITED STATES STANDARD(FOLLOWING ZEROS
MAY NOT BE SHOWN).BEARINGS ARE SHOWN TO THE NEAREST ONE SECOND,WHERE REQUIRED.ALL
ANGLES ARE 90 DEGREES UNLESS OTHERWISE NOTED.
5)THE EXPECTED USE OF THIS PROPERTY,AS CLASSIFIED IN THE STANDARDS OF PRACTICE AND
15J-17.052)(5)OF THE STATE OF FLORIDA,IS COMMERCIAL.THE MINIMUM RELATIVE DISTANCE
ACCURACY FOR THIS TYPE OF BOUNDARY SURVEY IS ONE FOOT IN:I1 O 009:FEET,THE ACCURACY WAS
.............
ACHIEVED BY A REDUNDANCY OF FIELD ME,AfiI1REMENTS AND CALCLI.A'TIONS OF A CLOSED
GEOMETRIC FIGURE BY COMPUTER MAPPING TECHNOLOGY AND WAS FOUND TO EXCEED'ITIE.STATE
REQUIREMENT.
5)NORTH ARROW AND BEARING BASIS SO0'00'007 AS PER PLAT AS NOTED.
7)ALL MONUMENTATION)NAVE NO IDENTIFICATION EXCEPT AS NOTED.
S)THIS SKETCH IS NOT ASSIGNABLE.THIS SKETCH SUBJECT TO A TITI..E SEARCH
9)COPYRIGHT NOTE,THE INTENDED USE OF THIS SKETCH IS TO RL!SU BDIVIDE TI IKPROPERTY.ANY
OTHER USE IS STRICTLY FORBIDDEN WITHOUT THE W FRITTEN CONSENT O THE SIGNING SURVEYOR.
THIS.DOCUMENT IS GOOD FOR 90 DAYS OR WHEN CHANGES HAVE OCCURRED,WHICHEVER IS SOONER.
10)LIMITATION OF LIABILITY RECOVERY TO THOSE BENEFITED NAMED.
I I)THIS SKETCH WAS PREPARED.TO.THE BEST OF MY KNOWLEDGE AND BELIEF AND IS BASED ON MY
PROFESSIONAL OPINION AND DOES NOT CONSTITUTE AN EXPRESSION OF WARRANTY OR GUARANTY.
12)THERE IS A GAP RANGING FROM 196''1'0 1.22'BETWEEN THE EAST I.I.Nf!OF'MIS PROPERTY AND THE
\VEST LINE OF AMENDED PLAT OF GULFSTREAM SHORES PLAT NO.2,PLAT BOOK;.PAGE 142.
JP.:AMES.SUavewrz AND uN=Er NOT VALID WITHOUT
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Sponsored by: Lindsey
CITY OF MARATHON, FLORIDA
RESOLUTION 2019-58
A RESOLUTION OF THE CITY OF MARATHON,FLORIDA APPROVING
MINOR REVISIONS TO AN INTERLOCAL AGREEMENT BETWEEN
MONROE COUNTY AND THE CITY OF MARATHON TRANSFERRING
AFFORDABLE HOUSING RESIDENTIAL ALLOCATION FOR A
PROJECT IN THE NAMES OF SEAWARD LANDINGS LLC AND
SEAWARD POINTE LLC;AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Marathon (the "City") wishes to revise an Interlocal Agreement
with Monroe County(the"County")originally approved under Resolution 2016-114 for the purposes
of Transferring affordable housing unit allocations; and
WHEREAS, the Interlocal Agreement with the County is in the best interest of Monroe
County and the City of Marathon for the purposes of providing opportunities for affordable housing,
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MARATHON, FLORIDA,THAT:
Section 1. The above recitals are true and correct and incorporated herein.
Section 2. The Revised Interlocal Agreement (ILA) attached hereto as Exhibit "A",
between Monroe County and the City of Marathon Transferring Affordable Housing Residential
Allocations For A Project Known As Seaward Properties LLC is hereby approved. The Mayor is
authorized to sign the ILA on behalf of the City, and the City Manager is authorized to expend
budgeted funds on behalf of the City.
Section 3. The Clerk is authorized to transmit this Resolution and attached ILA to the
Monroe County Growth Management Division and the Attorney's office.
Section 4. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
MARATHON,FLORIDA, THIS 28th DAY OF MAY, 2019.
THE CITY OF MARATHON,FLORIDA
•
John Bartus,Mayor
A
•
AYES: Cook, Gonzalez, Senmartin, Zieg, Bartus
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
Diane Clavier, City Clerk
(City Seal)
APPROVED AS TO FORM AND LEGALITY FOR THE USE
AND RELIANCE OF THE CITY OF MARATHON,FLORIDA ONLY:
David Migu , City Attorney