Item N4
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October 18, 2001
Bulk Item: Yes 0 No 0
Division:
County Attorney
AGENDA ITEM WORDING:
Approval of Resolution of Monroe County's intent to transfer to FKAA ownership of a portion
of Crawl Key for a Wastewater Treatment plant.
ITEM BACKGROUND:
In May, 2001 the BOCC approved a Memorandum of Understanding with the City of
Marathon providing "The County agrees to transfer or lease to the Florida Keys Aqueduct
Authority a sufficient portion of its real property on Crawl Key for purposes of constructing a
central wastewater treatment plant and water re-use facility for the City of Marathon."
PREVIOUS RELEVANT BOCC ACTION:
See above.
CONTRACT I AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval
TOTAL COST:
COST TO COUNTY:
BUDGETED: Yes 0 No 0
APPROVED BY:
County Attorney 0 OMB/Purchasing 0 Risk Management 0
DIVISION DIRECTOR APPROVAL:
To Follow 0
Not Required 0
DOCUMENTATION:
Included
AGENDA ITEM #
/ - )/4
Board of County Commissioners
RESOLUTION NO.
-2001
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA STATING THE BOARD'S INTENT TO
TRANSFER TO FLORIDA KEYS AQUEDUCT AUTHORITY, INC.
OWNERSHIP OF A PORTION OF CRAWL KEY FOR A WASTEWATER
TREATMENT PLANT
WHEREAS, the BOCC agreed with the City of Marathon to transfer or lease to the Florida
Keys Aqueduct Authority a sufficient portion of County-owned land on Crawl Key for the purpose
of constructing a central wastewater treatment plant and water re-use facility ("the Facility")
serving Marathon; and
WHEREAS, FKAA has completed both a boundary survey of the portion of Crawl Key
needed for the Facility, and, with assistance of County Growth Management staff, a preliminary
environmental review of the site delineated by that survey; and
WHEREAS, FKAA is nearing completion of an RFP for the Facility and a collection system
to deliver Marathon's voluminous human waste to the Facility; and
WHEREAS, determination of the location and availability of a site for the Facility is
essential for completion of the FKAA's RFP and for DEP approval of the State Revolving Loan Fund
application; now, therefore
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA:
~ection 1. The BOCC affirms its intention to convey to FKAA a portion of Crawl Key,
within the area depicted on the attached boundary survey, for the construction of a wastewater
treatment plant and water re-use facility.
Section 2. The Mayor and County Administrator are authorized to execute on behalf of
Monroe County as site owner such environmental permit applications as may be needed by FKAA
for construction of the Facility.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the day of October, 2001.
Mayor George Neugent
Mayor Pro Tem Nora Williams
Commissioner Murray Nelson
Commissioner Dixie Spehar
Commissioner Charles McCoy
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Jdresfkaa2
tf
John M, Koenig, Sr,
Chairman
Key West
()
Florida Keys
Aqueduct Authority
~
Albert 0, Appell
Vice-Chairman
Duck Key
.
Ed
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Post Office Box 1239 d
1100 Kennedy Drive \:3 c@f
Key West, Florida 33041_1239~~~
Telephone (305) 296-2454 ,,~~~~ \)'
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Mary L. Rice
Secretary- Treasurer
Marathon
Linda B, Wheeler
Key West
.
Harry E, Cronin
Key Largo
Roger Braun
Executive Director
October 5, 2001
James Hendrick, Esq.
Monroe County Attorney
502 Whitehead Street
3rd Floor
Key West, FL 33040
SUBJECT: Transfer of ownership of a portion of Crawl Key to the Florida Keys
Aqueduct Authority (FKAA) for the purpose of constructing a wastewater
treatment plant to serve the City of Marathon/Unincorporated Monroe County
areas as may be determined feasible
Dear Mr. Hendrick:
The FKAA requests that Monroe County formalize by resolution its intent,
previously indicated in principle by the Memorandum of Understanding dated 16
May 2001(copy attached), to transfer ownership of a portion of Crawl Key for the
above subject use. FKAA is nearing completion of its Request for Proposal for a
Marathon-wide centralized wastewater collection and treatment system and the
absolute determination of a treatment plant site and its availability is essential
inclusive of DEP's required State Revolving Loan Fund approval.
Pursuant to this request, FKAA has completed:
. A boundary survey of the portion of Crawl Key sought for transfer
. With the assistance of Monroe County biologist staff, a preliminary
environmental review of the site delineated within the boundary survey
The boundary survey is attached and further illustrated by the attached aerial of
the site.
The preliminary environmental review yielded some information about potentially
useable area within the site boundaries; however, the entire site is jurisdictional
wetlands and must undergo appropriate state and federal, as well as local,
permitting. FKAA has issued a Task Order for biological services, specifically a
Habitat Evaluation Index and a Vegetation Survey to lead to the permitting
process inclusive of a Corps of Engineers permit.
Please advise if we may furnish further information or answer questions. Contact
either Jack Teague or myself at (305) 296-2454. Thank you for your attention to
this matter.
Sincerely, .
)~(:,~,
Roger Braun
Executive Director
cc: Jack Teague, Wastewater Programs Administrator
James Roberts, County Administrator
Nora Williams, County Commissioner/FKAA Wastewater Liaison
Craig Wrathell, City Manager, Marathon
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MEMORANDUM OF UNDI!ItSTANDINGi
THIS MEMOttANDUM OP UND.RSTANDING 'S made and cnter'ed Into by and
between Monroe County, Florfda, a polttJcal subdIVISiOn of the State of Florida C
, hef'll!lnafte,. referred to as tha ~Co~W), and the City of Marathon, Florida, (herejnafWr
Nf'et'red to as the "CJty~, this IN d.y of MA'f . 2001.
WInIESSnH:
WHERII;AS,. the Oty was Ine>>rporated on November 30, 1;99 pursuant to Outptor.
9g-421 Florlda StllItutes,4tnd beceme operational on February 24,2000; and
WHERUS, the Oty and the County have been negotiating transltfon 'ssu.s
relRtlng to the tnsMW to the City of certain Impact fees, Infrastructure and properties
which ani! presently held or owned by the COUnty, and the continued use of the County's
transfer station for waste haul-out purposes; and
WH.RMS, It is the desire of the City and the County to amfeabfy resolve the
Issues between them for their mutual benefit and In the besl: inte,.~ of their
constituents.
NOW THI!RI!FORE, In considetatk)n of the premises end mutual Promises and
covenants h8Mlnafter set forth, .nd 10,. other good and valuable consIderation, the
suffldency and receipt of whieh Is harebv acknowledged, the City and the County agtee
.. follows:
1. Recital.. The above stated recttals are e true and acCUl'&te statement of the
intentions of the CIty and the County and are Incol'DOrated as part of thIs Agreement.
z.. Fuftd. to be Trllnafenwd to the City by the C:Ounty. The County and the
City agree as fOIfOWS regannng the transfer of certain 'mpect fees and funds which are
presently held by the County:
.. III,. Jmp.ct F.... The City acknowtedges that all PI... Impact due the City
prfor have been paid by the County and accepted by the CIty;
b. PBrk ImlNlCt,.... The Oty acknOWledges and ag...u that the County
expended parte: funds In exCbS of the amount collected for par1c Impac;t fees withIn
the municipal boundarfes 0' the City of Marathon prior to Incorporation, and
agrees that there are no park Impact fees whlen are owed to the City by the
County;
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c. Roadway Impact Fees. The City and the County agree that the City Is owed
$121.332.00 for roadway impact fee5 collected from within the munldpal
boundaries of the City and not e)(pended by the County prior to Incorporation. It Is
agreed thClt this sum shalf be applied toward repairs to the Boot Key BrIdge and, if
not expended for such purposes, shall be paid to the Oty;
d. Growth Management Funds. The City and the County agree that the
County collected $492,332.00 fn growth management fund5 from within the
mUhicipal boundllrfas of the CIty prior to Incorporation for growth management
services which were not provided to the City. TIle County agreQS to expet1d, on
Oty approved growth management projects, the sum of' $492,332.00 in growth.
management funds;
3. Propertle. to be Transferrad to the City by the County. The County
agrees to transfer all of iu right title and Interest In the following described pmpertlel;i to
the City Of MSl"!lthon, and th~ City agrees to ac:capt the following tSescribed properties in
"as Is" condition, subjll!Ct tn all existing lease and/or managem~nt agreements presenl:Jy
encumbering the properties, to wit:
a. "n1_ Marathon Teen Center, togethQr with all furniture, fixtures, equipment
and improvements thereon belonging to, and transferable by, the county. l11e
County agrees to provide the City with an Inventory of ~ny fut"niture, fixtures Bnd
equipment situated themon which Is to be transferred to the City;
b. The Mat.thon JavctMS aUlldlng. together with all furniture, fixtures,
equipment and improv@ments thlli!teon belongIng to, and tnlnsferable by, the
County. The County agrees to pl'I)vide t"'e City with an Inventory or any furniture,
fixtures and e~ujpment situated thereon which Is; to be transferred to the CIIYi
c. The M.rllthon Yacht Club , together with the contJguou5 submerged land
and County owned parking fBcllltla5;
d. The Flortd. Kay$ Marl"a at M....thon, together wit" all fvrniture, fixtures,
equipment and improvements thereon belongJng to the County. The City assumes
ell of the County's obligatIons under the MEDC-Ccunty AgreemCr'lt. The County
further agrees to c:onvey to the City aU County owned submerged land within the
connnes of Boot Key Harbor and any submerged I~nd leases between the State of
Florida and the County perbtinlng to submerged lands wIthin the confines or Boot
Key Harbor; and thA City and County will cooperate In the completion of all
pending grants for the MarIna area.
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e. TtIe M....tho.. Community p-rtr. to;8ther With all flxturn, 8qUlpment and
Improvements situated ther~n 3nd all pat1dng fadllttes assocllted therewith. The
County, JOIned by the aty .. Co-Plaintiff, will continue wfth the pending
condemnatton Ilttgatlon regarding Phase II or the Park. The County will complete
the acquisition of that additional parcel, with any Judgment paid from County
Infr8stnJcture tax revenues. Upon acquiring the Ph.... II property, the COunty will
convey that parcel to the City, and the City will be responsible for the
devt!!!lopmi!!"t of Phase U at Its own expense. ",. County's c:onveyanc:e will be
subject to It deed restrICtIon prohibiting the charging of any admiSsion 'ft to
Monroe COunty residents, and f'1!lQulrlng the Park to be operated '1'1 confonnlty wtth .
FCT (Florida Community Trust) Alqul.......,ent5.
4. Crawl K.y. "the County agrees to transfer 01' teaM to the Florlda Keys
Aqueduct Authol'fty a .sufftcIent portfon 0' Its reIIIl property on Crawl Key for purposes or
constnJctlng 21 c:entnlJ wastewater treatment plllnt and water re-use fedllty for the City
of Marathon.
S. 8001 Key arid,.. The county will convey to the City, and the City will
lmmedl.tety 8cx:ept, the Boot I<I!!V Bridge!. The County wit! pay up to $1,000,000 for Boot
Key BrIdge tepalr$ identtfied as necessary by JOint report of the City#S and County'.
EnglnHrs.
e. SOlid W.~. T1'Ie City agrees to Increase Its efforts to <;oIled Its solid waste
fees from Its citizens, ancI will pay Its Indebtedness to the County ifl an expeditiOUS
manner.
7. I'onn of Convey_nea. Afl prcP4trt_ to be transferred to the City will be
conV'eyed In accordanee with the requIrement!! cf Florida Law. Th. County will make
every effort to locate and deliver to the Oty any and all SI.Irveys, title abstracts, deeds of
conveyance, grants of easements, tJtie Insurance policies, building records, buildIng
~18ns, englne&l'Ing plans and speclfh:etlons, luse:;, management agreements, pQlldes of
Insurance, mll'ntenance records, environment ,.eports and every other document of eny
nabJre whatsoever In the possession of the County 1IY.hlch, In any mannet', tends to
establish the ownership Interests of the County In each property to be conveyed and the
IImttatfons Imposed thereon..
8. Pro-retton of Renb and ~n__ All rents end expenses associated with
the properties to be corwey8d shall be pro-rat9d as of' the date of transfer of each
property. The City and the COunty agree that th. properties to be conveyed hereunder
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may be conV8yed separately or In a single transaction So as not to ilIllow oil problem with
OM convevance to Impede the remainder of the conveyances.
9. P'uncl Balances. The City of Mar-athon hereby waives any and all right which It
has. or may hltve, to receive any portion of any other fund balance held by the County by
of the receipt of any Stat. R.evenue Sharing Funds or tax_ collected prior to the
:on of the Clty_
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BOARD OF COUNTY COMMISSIONERS
?ONR.Oe COUNTY, FLORIDA
~,e~
Geo~e N ent, Mayor/Chaf
Date P'l1? I', ~o 0 I
(SEAL)
Attest: Clerk
ct1Y OF MARATHON, FLORJDA
By
By
Robert K. Miller, Mayor
Approved as to form and
legal suffldency
By
Datt=
City Attom.y
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SKETCH OF DESCRIPTION
CRAWL KEY NO. 5
CITY OF MARATHON
N 87.54'10. 'W
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SKETCH OF DESCRIPTION
CRAWL KEY NO. 5
CITY OF MARATHON
A parcel of land on Crawl Key Number 5, being a portion of Government Lot 3, Section 26,
Township 65 south, Range 33 East, Monroe County, Florida, more particularly described as
foffows:
COMMENCING at the intersection of the centerline of US. Highway Number One with the West
line af Section 35, Township 65 South, Range 33 East;
THENCE N 67' 04 '07" E on said centerline of U.S. Highway Number One,
a distance of 1494.57 feet to the intersection with the centerline of Banana Boulevard;
THENCE continue N 67' 04 '07" E on said centerline of US. Highway Number One,
a distance af 697.54 feet to the intersection with the Southerly prolongation of a rock road at Crawl
Key Number 5;
THENCE N 09'23'05" W on said prolongation, a distance of 719.32 feet to the
intersection with the Northerly Right-of-Way line of said US. Highway Number One as laid out and
in use;
THENCE S 67'04 '01" W on said Right-of-Way line, a distance of 25.72 feet to the
Southwest corner of an Access Easement;
THENCE N 09'23'05" W on the West line of said Access Easement, a distance of 566.58 feet
to the beginning of a curve concave to the East and from which a radial line bears N 80'36'55" E;
THENCE Northerly on the arc of said curve having a radius of 1771.54 feet, a central angle of
1 7'28 '55 ': an arc distance of 355.01 feet to a point of tangency;
THENCE N 87'54 '70" W, 50.00 feet to the POINT OF BEGINNING;
THENCE N02'05 '50" E, 515.00 feet;
THENCE N87'54 '70" W, 476 feet more or less to the mean high water line;
THENCE meandering along said mean high water line in a Southwesterly and
Southeasterly directions for a distance of 605 feet more or less to a point which bears
N 87' 54'10" W from the Point of Beginning;
THENCE S 87'54'70" E, 327 feet more or less to bock to the Point of Beginning
Said lands lying in the City of Marathon, Monroe County, Florida and containing 230,860 square feet
(5.3 acres) more or less.
NOTES:
7. Not valid without the signature and original embossed seal of a Florida licensed
Professional Surveyor and Mapper.
2. Lands described hereon were not abstracted, by the Surveyor, for ownership, easements,
rights-of- ways or other instruments of record.
3. Bearings shown hereon are on an assumed bearing of N67'04 '07"E on the
centerline of U.S. Highway Number One as shown an Florida Department of Transportation
Right-of-Way Map for Section 90040 with an approval date of 3-25-80.
4. The description contained herein and the attached sketch, do not represent a field
Boundary Survey.
October 2, 2001
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PREIJMINARY
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Prof_.lonal Land Surveyora
3104 nClgler "YR. Key "'not. Fl. 33040 <3Oll> 296-7422
FLORIDA KEYS AQUEDUCT AUTHORITY
CRAWL KEY WASTE WATER TREATMENT SITE
MIlNRlJE Cl1JNTY. rLlRlIJA
SPECIFIC PURPOSE PHOTDGRAMMETRIC/TDPOGRAPHIC SURVEY
DRA"N BY'
T.A.N.
CHECKED BY'
J.LA
DATE'
7/11/01
OF, 1
REVISIONS'
I.
2.
3.
4.
5.
6.
7.
DATE'
SHEET,
1