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Item Q12 Feb 13 04 06:01p Comm. David Rice (305) 289-6306 p.2 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Emel'1!enev Add-On Meeting Date: Wednesday. February 18.2004 Division: BOCC Bulk Item: Yes No XX Department: Commissioner Rice. District 4 AGENDA ITEM WORDING: Approval to publish two legal notices of the County's mtent to transfer to the City of Layton a parcel of property for use as a wastewater treatment faeility ITEM BACKGROUND: BOCC approval May 21, 2003 of Resolution #190~2003 to transfer said parcel to the City of Layton. PREVIOUS RELEVANT BOCC ACTION: BOCC approval May 16,2001 of Resolution #200- 2001 to transfer said parcel to the City of Layton. CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: TOTAL COST: BUDGETED: Yes No COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH_ Year APPROVED BY: County Atty _ OMBlPurchasing _ Risk Management_ DIVISION DIRECTOR APPROVAL: 9P1eJLO~ ~ (David P. Rice, Commissioner, District 4) DOCUMENTATION: Included ~ To Follow_ Not Required_ DISPOSITION: AGENDA ITEM # Revised 1/03 Feb 13 04 06:01p Comm. David Rice (305) 289-6306 p.3 Commissioner Rice Resolution No. ~2004 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING A TRANSFER OF REAL PROPERTY TO THE CITY OF LAYTON FOR PURPOSES OF ESTABLISHING A WASTEWATER TREATMENT FACILITY. WHEREAS, the County Commission recognizes that the issue of wastewater treatment is of substantial importance to the health and welfare of the residents of Monroe County; and WHEREAS, the City of Layton has proposed the establishment of a wastewater treatment facility; and WHEREAS, Monroe County has surplus real property on Long Key which is suited to use as the site of a wastewater treatment facility; and WHEREAS, notiee of the proposed transfer of land to the City of Layton has been duly noticed in a newspaper of general circulation at least once per week for two weeks prior to the passage of this resolution; now therefore BE IT RESOLVED THAT THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: 1. ShaD transfer to the City of Layton that parcel of property described in Exhibit A, attached hereto and incorporated herein by reference. 2. The Mayor is authorized to execute a quitclaim deed transferring said property. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting of said board held on . 2004. Mayor Nelson Mayor Pro Tem Rice Commissioner McCoy Commissioner Neugent Commissioner Spehar (seal) Attest: Danny L. Kolhage, Clerk Board of County Commissioners of Monroe County Florida By By Mayor/Chairperson Deputy Clerk Feb 13 04 06:01p Camm. David Rice (305) 289-6306 p.4 This instrument prepared by, or under the direction of, SII7Mlne A. Hutton. Esa. FBN 336122 Office of County Attorney P,O.Box 1026 Key West, FI. 33041-1026 QUITCLAIM DEED THIS INDENTURE, Made this day of .2004, by and between MONROE COUNlY. Party of the First Part, by and through the Board of County Commissioners ofMooroe County, Florida, whose address is 500 Whitehead Street, Key West. Florida 33040, to CITY OF LAYTON, Party of the Second Part, a municipal corporation of the State of Florida WITNESSEm WHEREAS. Party of the First Part did heretofore acquire title to a parcel of property, Long Key, Florida, as recorded in Official Records Book 385 at Page 159 of the Public Records of Monroe County Florida; and WHEREAS, Party of the Second Part desires to obtain a portion of said parcel for purposes of establishing a wastewater treatment plant; and WHEREAS, Party of the First Part deems a transfer to Party of the Second Part to be in the best interest of the residents of Monroe County; and WHEREAS, prior to the adoption of the resolution authorizing said transfer of said property, there has been published at least once a week for two weeks, the proposed transfer ofland, as required by F.S. 125.35; NOW, THEREFORE, THIS INDENTURE WITNESSEm: That the Party of the First Part. in consideration of acceptance of title to said property by the Party of the Second Part for a public purpose, does hereby remise, release and quitclaim unto the Party of the Second Part, and assigns, forever, all the right, title and interest of the Party of the First Part to the property herein described all that certain land situate in _Monroe County, Florida, to wit See Legal Deseription in Exhibit A., attached hereto and inoorponW laerein by reference TO HAVE AND TO HOLD, the said premises and the appurtenances thereof unto the Party of the Second Part. IN WITNESS WHEREOF. the Party of the First Part has caused these presents to be signed in its name by its Board of County Commissioners acting by the Mayor of said Board, the day and year first above written. (OFFICIAL SEAL) ATfEST: DANNY L. KOLHAGE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY. FLORIDA BY: By: Deputy Clerk Mayor Feb 13 04 06:01p Comm. David Rice (305) 289-6306 FEB-13-04 16,20 FROM,MONROE COUNTY ATTY OFFICE ID'3052923616 EXHIBIT A LEGAL DESCRIPTION Of R&AL PROPERTY TRAX81'BR ntOlllleKROB CO'UKTY TO CITY OF uno. p.5 PACE 1/ I A ".rnJ oil_dIn CoVIWIMIMt lP. Zi s..1oIJ fi-TowMblp S!I Souefl; -".. ~ Ea... Oft LoIw K.,-. IItJIU'H CDun'Y. Florid.. ..nd bei". .. IH'rUon 011... da~ In ON.., RHOnIs BooIt ftJl. III p.... 1071-1014, 01- ....I/oa,... CoIutty, ""rl..I'UNk~ord., ...d .cirw nton ".,.ucul.IJI 4aerlbcd as 101,..: CiJllllnencUw .. UN Pithlt oI'aw..nmt 01 .. fl"C'Utw. .. .... 0" .. ",.p of u." FIMd.. Ed' c.u. Rajl-r .,,4 /de.un_ .. m.a;. ef0i3Hef.2. wbldJ po;.' W on U.e ~lItarUn. of Iba ~L~ (aM, u.s. ".,.-y....o.); u..c....... P'IT". ,....., Co Ihc ..Jd ~,,'.rliII~ N 4fJ" I.' 4(1" ., lor .. fIisI.IJU I1I1tJD..tJtI hd .e. fbe A1ia~ III Curft'ura of II CUI'ft _lie CII the. Sau&IMal ...ow . eaer.lMillc 01 DI' N27~. Radius 01 2IJ5C.1IJ ,_,. did poIIJt 6e1lW the JIoIiJi .or ......"rV of life ~oI IMII. fter dat:riW uid poUlt ./so kiIV on CIII: SE'Jy bound.t", line 01 the fWd IMd. "-orllHHl III O.R. Book 4'" ..I p.... 10'11-1074; fbeDd-d1Dr..N"~ lIII1I'tM""'~"""" "8. tlacriW III 0_/1. IJaok 401 ., hps. ID7/-1074. in . SGuU.....fLorI". dlIeeUoa lor .. ~ ~ oIao:J lee' t.o . 2- iroll pipe lournt- .l'-tIW- srIr ~or~ pat'ftt 11I~l.uIt~ 10 tluI Socru..r. "" "_,,IIDIJII aad rol.,..ph C...."."T (S.B.r.~r.), .. "oriHd I. D.R. a", N- "-SD III "'. Mt)II~ Counly, n.rJ__~ JIHorrIr. I~ eIrntr.fbtrlllF/r HuIJ"'~Ji1ltf fjf .'4 s.1J.r.~T. ".reel 6Wr II 48" 0-;' 4~. .. lor .. "..t.nell 01 :n."" led '&0 .. ,.~ttd :r (roIJ iNIM I.",," .& 'h. NE',y COTner. 0' $.HI S;..~r.~, ,.rat. tlutllefl "..,. N 4..40'211- e. bJr~ &; ~Idae 01 '54N ,...; .hence be.r S 61.~' Q-.&. II1r . 41.~.uI SJl./IflJcd; -"'--......,..". ,,'u'- I: tGr 0 disr."c. 01 34.60 loel.; Ihoaee "..r S 411" ,"..0. ~ (or . dl$Uacfl 01 SI.D5 'ft&; rJll!"~ bar S f' fO'ZO. .., tor . ~.....cr~NtI;..,. ~n:tulMdr tg-lik "-t-. at'" ....;h...~_6. ",., dat:1'1pCJda conl..1ne II,fJ'12 "1M"' I..e ..... or 10#. . , . .: Feb 13 04 06:02p Comm. David Rice (305) 289-6306 p.6 05121/03 2003/127 Section 9.S-122(c) and Section 9.5-266(a), (b), (e), (d), (e), (f), (g) and (b). (Revisions to Aftbrdable Housing ReguJatiOOS). There was no publi" input. Motion was made by Commissioner Rice and seconded by Commissioner Neugent to continue the Public Hearing to the Jwe 18.2003. nieeting of the Board at 5:00 P.M., in Marathon. Motion canied ul1lDimously, with Commissioner McCoy and Commi~.;nner Nelson not present. A Public Hearing was held concerning adoption of an Ordinance approving a request of the Monroe County Planning Department to amend the Monroe County Land Development Regulations by amending Section 9.5-252(C)(3)h, (AlCUZ) and creating Section 9.5-258; providiDs for repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code of OrdinAnces; and providing an effective date. There was no public .t. Motion was made by Commissioner Neugent and soconded by Coaunissioner Rice to continue the Public Hearing to the July 16, 2003, meeting of the Board at 5:00 P.M., in Key West. Motion carried unanimously. with Commissioner McCoy and Commissioner Nelson not present. A Public Hearing was held concerning adoption of an Ordinance transmitting to the Department of Community Affairs the request filed by the Planning and Environmental Resources Department. to amend Policy 212.2.3 of the Monroe County Year 2010 Comprehensive Plan concerning shoreline setbacks. Planning Director, Marlene Conaway addressed the Board: The Board accepted public input with the following individuals addressed the Board; Richard Lancaster, representing Hammer Point Owner's Association; and Burke Cannon. representing Key Largo Federation of Homeowners. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Rice to adopt the following Resolution, and acceptance of the memorandum from K. Marlene Conaway, amending Section 9.S-349(bX2). Said document is incorporated herein by refa'ence. Motion carried unanimously, with Commissioner McCoy and Commissioner Nelson not present. RESOLUTION NO. 189-1003 Said Resolution is incorporated herein by reference. WASTEWATER ISSUES -7 Motion wu made by Commissioner Neugent and seconded by Commissioner Rice to adopt the following Resolution rescinding Resolution No. 200-2001 and agreeing in principle to transfer a portion of Monroe County's site at Long Key to the City of Layton for use u a central wutewater treatment facility for the City of Layton and any surrounding area ofunincorporated Monroe County and directing MOIU'oe County statfto work: with the City, Waste Man~ Inc., and the state regulatory agencies. to identify an appropriate portion of the site suitable for a wastewater treatment facility. Motion carried unanimously, with Commissioner McCoy and Commissioner Nelson not present. - > RESOLUTION NO. 190-2003 Said Resolution is incorporated herein by reference. There being no further business to come before the Board, the meeting wu adjourned. Feb 13 04 06:02p Comm. David Rice (305) 289-6306 p.? fU/(Ld ~ ~da - ~rd BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: Wednesday. May 21. 2003 Division: BOCe Bulk Item: Yes No;KX Department: Co~ssioner Rice. District 4 AGENDA ITEM WORDING: Diseussion and approval to rescind ResolutiGn #10....1081 and approval of revised resolution to traufer a portion of tile COUD.ty Solid Waste Tl'IIIISfer and Land Fill property located on Long Key to the ownenhip of the City of Layton instead of the Florida Keys Aqueduct Autllority. Tile City of Layton lias decided to undertake their wastewater project independently of the FKAA at this time. The BOCC need.ll some direction as to what effect, if any, tills wiD have on the County's agreement with tile FKAA as this project will serve the surrounding areas unincorporated Long Key as weD as the City of Layton. ITEM BACKGROUND: The City of Layton requested assistance fro.. the County in obtaiaing a site for a anini wastewater treatment plant. The County Solid Waste Traasfer site aDd Land Fill on Long Key was Identified as baviag sufficient area to aeeommodate saeh a facility. PREVIOUS RELEVANT BOCC ACfION: Resolution# 200-2001 wu adopted by tile BOCC ill May 1001 agreeiBg ill prineiple to traDsfer a portion of Monroe County property located iD Long Key to the Florida Keys Aquednet Authority for use as a centnl wastewater treatnaent faeiIity for the City 01 Layton and any surrounding area of unineorponted LOBI Key. In August 1001, a eODUDitmeat 'Was reaffirmed by the County and the City f)f Layton that ill regardl to the facility study project fuded by FEMA Umnet Needs Funds, that the development of a eentnJ wastewater treatment facility to lerve the City of Layton wiD include the remaiDing unincorporated areas of Long Key in that facility's treatment area. CONTRACf/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: TOTAL COST: BUDGETED: Yes No COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNTPERMONTH_ Year APPROVED BY: County Atty _ OMBlPurchasing _ Risk Management_ DMSION DIRECI'OR APPROVAL: (Da~p~6oner. Distric14) DOCUMENTATION: Included XX To Follow_ Not Required AGENDA ITEM # ~2- DISPOSITION: Feb 13 04 06:02p Comm. David Rice (305) 289-6306 p.8 ~ay-O~-03 U9:36A P.Ol CAROL MAC I.NEH ... O!itg' of &utDn e P.O.... 17. _o.-~~ ...._RlridaJaoa1 Ofllee! lWl~J FU: Pll5t.....115 MAY - 5 2.003 May ~ 2003 Moaroe County 8.-d of CouDty CommiS5ion&n do Ric:hIrd Conins, EsquUc P.O. Box 1026 Key Well. PL 31040-.lO26 n. hr:WW. (JfSJ-MJ.-JS16.1 lIS MIIII JtFh WUlCWata'T~..hlilily-tlt~ ofL8YtaA Dear CommissfOneTS: On behalf <<the Ci1y ofLa)'fDD.l have,,*,, ~ to fCM'Wll'd ~ IncIbIinc Ibc ~ on.aylDn .s~re Ia havctbo,pmpc:nylPulsfcrwhidt WII thesuhjcctotthoatWhed Raoluliuft by die CountyC~fObc.amdslcd. SpccificaIly.the ell)' o(I..,.....s WMkWllalUk.Fan:eIllllIlleCily havocbidcd to 1IIIdertIbour WIIlCWafCr praj_ i~'y urlhe.AquedDct AU1bority at dais time. This bcin8 the auc- tile propaty Iha _lIoaa "',10. ~.,. -AtdMrity for puIpoa:s of buildins . wUIewIIer IlatJftenl rDIily.,~bc:pIOvicbhl*Cicy as oJlP05Cd to ..., Aqurd\lct Au1hcxity. I.. ~_Ibis ib:m be put on Ihe Apnda for lbc next fN!tOtilll so thatdlc Coauniaiun eaR ICYisillhi. itma.and pmvidc 1bc fIDt'Cd1 din:clJr. .lQJbe-Cilyorl.a)rtoa. fa -tIU ..,.. we cut mcm: "iaOUl.~pIIIL MditiouIly. ifo-Canun_ODeIIwouIdlikea~VI!JbIISl'l It tile JIIIlCtiRg.fer ..item. we "*lId .wpytO aommoclalc. . ... .' ,." Enclo:lUl'C RBCEIVED MAY - 5 ZOO] CAt.( cc: City orl.ayton ..........-....""""'-~..~..._-.... Feb 13 04 06:03p Comm. David Rice (305) 289-6306 p.9 .HftLUTlON NO. ICfo -2003 A RESOLunON OF THE 80ARD OF COUNTY COMMISSIONERS USClNDIN8 iEsoLunON NO. 200-2001 AND AGREEI- IN PRINCIPLE TO TRANSFER A PORTION Of MONROE COUNTY"S SITE AT LONG KEY TO THE CITY 0... LAYTON FOR USE AS It. CElll'RAL WASTEWATIR TREATMENT FACILITY FOR THE CITY OF LAYTON AND ANY SURROUNDlftG.MIA 0' UNINCORPORATED MONROIE COUNTY AND DIRECTlNC MONROe COUNTY STAFF TO WORK WITH TNII CITY, WASTE MANAGEMENT, INC., AND THE STATE RE8ULATORY A&ENClES, TO IDENTIFY AN APPROPRlATePultl1ON OF THE SITE SUITABLE FOR A WASTEWATER TRMTMINT FACILITY WHeREAS, the City of Layton has decided to undertake their own wastewater project independently of the Ronda Keys Aqueduct Authority; and WHEREAS, Monroe County owns it 5fte- on Long' Keypresentty being utili~ed as it solid waste transfer station but which may have sufficient area to accommodate a wastewater treatment facility; and WHEREAS, in the past the County's Long Key site has. been used as 8 land fill and for solid waste Incinerators milking the site, by virtue of its history, uniquely qualified for 8 wastewater treatment facility; and WHEREAS, the City of Layton desires to have the subject property transferred to the City of Layton Instead of the FKAA; now, therefore BE IT RESOLVeD BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA; central wastewater treatment facility serving the City of Layton and any surrounding area of unincorporated Monroe County. ":Yn,,-,--.J n~~"'~"r""t">.", "Y~rr''''' ...r'-' ..r...__" ...._'U..."......I^".I 1'ac:""~L" ("I"'_r'l_ .~I. Feb 13 04 06:03p Comm. David Rice (305) 289-6306 p.10 Sc!ction 3. The CoUntY staff.are heteby.dlreCted to wortc. with Waste Management, Inc. (the operator of the transfer station), the City ofLeyton. and the appropriate state regulatory agencies, to locate an area within the county's long Key site suitable for use a as wastewater treatment facility. When such a site has ubeen determined, County staff is directed to prepare the documents necessary so that the Board of County CommiSsioners may transfer the site to the City of layton. PASSED AND ADOPTED by the Board of County commissioners of Monroe County, Ronda, at a regular meeting of said Boarcl held on the 21st day of May, 2003 Mayor Spehar Mayor Pro rem Nelson Commissioner McCoy Commissioner Neugent Commissioner Rice (SEAL) Attest: DANNY L.KOLHAGE, Clerk BOARD Of COUNty COMMISSIONERS Of MONROE COUHlV, flORIDA &y By Mayor/Chairperson Deputy Oerk JdresWastelaytDn 8'l DAlE __........_....._...... _"..._. ,..ft r-,.. F@b 13 04 06:03p Comm. David Ric@ (305) 28S-6306 p. 11 ComtnissioMr Willicuu RESOLUTION NO. 200 -2001 A RESOLUTION Of THE BOARD Of COUNTY coMMISSION:RS AAEEIN& IN PRINCIPLE TO TRANSFER A POR'TION OF MONROE COUNTY'S SITE AT LONG KEY TO THE FLORIDA KEYS AQUEDUCT AUTHORITY fOR use AS A ceNmAL WASl"EWAl1:R TREATMENT FACILITY FOR THE CITY Of LAYTON AND ANi ~ AREA Of UNENCOAPOAATEI> MONROE COUNTY AND I>IRECI'JN& MONROE COUNTY STAfF TO WORK WITH THE F[M. THE crrv. WASTE MANA6EMENT. INC., AND THE STATE RSULATORV A6ENC1ES, TO IDENTIFY AN APPROPRIATE PORTION OF me SITE SUITAaE fOR A WASTEWATER TREATM&IT FAqt't'1Y WHeREAS, the aty of L.ayton needs and desi.... 0 site for 0 central wcastIWOter ~ plant: WHEREAS. Manroe CoLIrty owns a site an Long Key pNSIfttly being utilized CIS Q solid waste trcansfer station but which IIIO'f ... sufflcl...... CIN4 to ac:colftlftCldate Q wastewater treatment facility; and WHEREAS. In the past the Ccu\ty"s Long Key Ii,. has been used as a land fill and for solid waste indMrGtors making the sit... by virtue of its history. _qu&1y qualified for Q wastewater tNcIhnaIt facility; now.. therafoN BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS Of MONROE COUNTY. FlORIDA: Section 1. The Board of County Commissioners agree in principle to transfer Q portion of their Long Key solid WClS1'e transfer station site to 'tt\e FloridG Keys Aqueduet Authority (FKAA) for use as a central wastewater treatment facility serving the City of Lt1yton and GIrf surrounding area of unincorporeted Monroe County. Feb 13 04 06:03p Comm. David Rice (305) 289-6306 p.12 SectIon 2. Tha Caunty staff arc hereby directed to work with the FICM. Waste Mctnagetnent. IRe. (..... operator of the mmsf... station). tha City of Layton. and the GpIJI'OpriGte state regulatory agenciC$. to loeat& an cnca within the Caunty's l.Mg Key site suitable for use Cl as WClStawater trecrtment foeillty. When such tl site has '-en cXterminld. County stuff is directed to prepare the daaIments necessary so that the Board of County Catnlnissioners may transfer the site to the FKAA. PASSED AND ADOPTED by the Board of eo..ty ~ of ..... County, AriCl. cat Q regular meatlng of sclid Board held on the 16th day of ".,. ZOOt. .,.. Georp. Neugent MAyor Pro T.. Nara. Willicuns ComIfti$sioMr Murray Nelson issIoMr bbcle Spehar .ssioMr Charles IkCoy Y~B yes yes yea yes L.KOLHA&E. Clerk BOARD OF COUN1V COMMISSIONEQS ~~.RaUbA .f(--,e Kf::-~ Mayor/Chalrpsrson - jdraWastcUC 0 CO .i cr. -U) l&J 0 .- .;;:J .~ (.) ~ < t. W :::c.: . a::: 2: -.J(.)r ~ o .!:; a:: ~~.5 .. . ' ~ 0 '<...,)0 u.. M ..J .U a >- >-~ lLJ W ~ ;.c.....J.a 2: zUa:: -J ~ z i.J.. 0 Q 0 ::E APPROVED AS TO fORM G 8 FE'b 13 04 05:47p Comm. David RicE' (305) 289-6306 p.2 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Emel'2eDCV Add-Oo Meeting Date: Wednesday. Febrwuy 18.2004 Division: BOCC Bulk Item: Yes No XX Department Commissioner Rice. District 4 AGENDA ITEM WORDING: Approval to publish two legal Dotiees of the Couoty's intent to transfer to the City of Layton a pareel of property for use as a wutewater treatment facility ITEM BACKGROUND: BOCC approval May 21, 2003 of Resolution #190-2003 to traasfer said parcel to the City of Layton. PREVIOUS RELEVANT BOCC ACTION: BOCC approval May 1',2001 of Resolution #200- 2001 to traasler said pa..eel to tbe City of Layton. CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: TOTAL COST: BUDGETED: Yes No COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNTPERMONTH_ Year APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management_ DMSION DIRECTOR APPROVAL: &f21(1[ 0 ~ -C-'~ (David P. Rice, Commissioner, District 4) DOCUMENTATION: Included ~ ToFolJow_ NotRequired_ AGENDA ITEM N ('X. I :y DISPOSITION: Revised ]/03 t- ~b 1::J U<!- U~: <!-'/p Comm. David Ric~ (3051 289-6306 p.3 Commissioner Rice Resolutioll No. -2004 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORlDA, AUTHORIZING A TRANSFER OF REAL PROPERTY TO mE CITY OF LAYTON FOR PURPOSES OF ESTABLISHING A WASTEWATER TREATMENT FACILITY. WHEREAS, the COUDty Commission recopizes that the issue of wastewater treatment is of substantial importance to the health and welrare of the residents of Monroe County; and WHEREAS, the City of Layton has proposed the establishment of a Waste1Vater treatment facility; and WHEREAS, Monroe County has surplus real property OD Long Key wbich is suited to use as the site of a wastewater treatment facility; and WHEREAS, notKe of the proposed transfer of land to the City of Layton has been duly noticed in a Dewspaper of general areulatioD at least ODce per week for two weeks prior to the passage of this resolution; now therefore BE IT RESOLVED THAT THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: 1. Shall traDsfer to the City of Layton that pareel of property deseribed in Exhibit A, attached hereto aDd incorporated herein by reference. 2. The Mayor is authorized to execute a quitclaim deed transferring aid property. PASSED AND ADOPTED by the Board of Conty CommissioDen of Monroe COUDty, Florida at a regular meetiDg of said board held on ,2004. Mayor Nelson Mayor Pro Tem Rice Commissioner McCoy COlllmissioDer Neugent COlllmissioner Spehar (seal) Attest: nanny L. Kolhage, Clerk Board of County COBlmissionen of Monroe COUDty Florida By Deputy Clerk. By Mayor/ChairpenoD I- eb 1::J U"t U:J: "t'lp Lomm. DaVia ~lce I;jU:JJ ~tj~-b;jUb p."t This instrument prepared by, or under the direction of, Suzanne A. Hulton. Esq. FBN 336122 Office of County Attorney P.O,Box 1026 Key West, FI. 33041-1026 QUITCLAIM DEED THIS INDENTURE, Made this _day of , 2004, by and between MONROE COUNTY, Party of the First Part, by and through the Board of County Commissioners of Monroe County, Florida, whose address is 500 Whitehead Street, Key West, Florida 33040, to CITY OF LAYTON, Party of the Second Part. a municipal corporation of the State of Florida. WITNESSETH WHEREAS, Party of the First Part did heretofore acquire title to a parcel of property, Long Key, Florida, as recorded in Official Records Book 385 at Page 159 of the Public Records of Monroe County Florida; and WHEREAS, Party of the Second Pan desires to obtain a portion of said parcel for purposes of establishing a wastewater treatment plant; and WHEREAS, Party of the First Part deems a transfer to Party of the Second Part to be in the best interest of the residents of Monroe County; and WHEREAS, prior to the adoption of the resolution authorizing said transfer of said property, there has been published at least once a week for two weeks, the proposed transfer ofland, as required by F.S. 125.35; NOW, THEREFORE, THIS INDENTIJRE WITNESSETH: That the Party of the First Part. in consideration of acceptance of title to said property by the Party of the Second Part for a public purpose, does hereby remise, release and quitclaim unto the Party of the Second Part, and assigns, forever, aU the right, title and interest of the Party of the First Part to the property herein described aU that certain land situate in _Monroe County, Florida. to wit: See Legal Daeriptioll i. Exltibit A, attached hereto aDd incorporated .erein by reference Part. TO HAVE AND TO HOLD, the said premises and the appurtenances thereof unto the Party oftbe Second IN WITNESS WHEREOF, the Party of the First Part has caused these presents to be signed in its name by its Board of County Commissioners acting by the Mayor of said Board, the day md year first above written. (OFFICIAL SEAL) ATTEST: DANNY L. KOLHAGE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: Deputy Clerk By: Mayor t-E.'b 1:3 U't U::>:'t'/P ~omm. UaVla ~lCE.' I:3U::>J ~l:J~-O:3UO FEB-13-04 1620 rROHHONROE COUNTY ATTY OFFICE IO,30S2S23StB EXHIBIT A LEGAL DBSCRJPTION' Of IlEAL PROPERTY TRAIt.FER PROII IIO_OB COUltTY TO CITY OP LAno. " IMI'ft' 01 Mil III C.WllJ'Jldl"C .....; S.U." f. -r........ a .sou,.. "... ~ Ea,. 011 LoIw KilT. M-1DtI Count,. n...... .,.tllkilv . ,,-u.n 011.". .#I'UIcd '" 0fIH:~1 ~ /look <<It. e. '.... Itln-lD'ff. "" UN,. ~ CoiIMy. ~,Pu6IIt: R~, _II hnw ..... puUcuJe,q MHI'Ihd .. 10110-.: CiDlIUJIMt:UW .c' l1W PoIlI. eI COn.'ire 01 . Z"NI'ft. .. 40... 08 . lIMp ., Ut~ nfN"ltla e.., eo.l' ItMl_, lI"tI N.nCiliH .. sc.Cifm ~<<I1~ft.8. wlUcb polal 1$ ... lb. cenl.,.Jht. 01 IAo Ov.~u. ~ ""clLS.. "WIt...., .....0..); uacac.,,,,,, .W." ."", ndiitl &0 lJuf ..id unl.r/~ " WI.' I/J" W. tor . fI~ oIlfJD.tJtJ ,..,..,. .""." 01 Cunltlu... 01 . cu..- -- ~ tla. ~. he.... c..uw ~.'e. 01 or N'D': .~. ".tlius 01 INC. 71 led, HId. poI.' llellw UN- 'oIal or ~. or Uw~oI IMtI....... aft.,. lI..en"" ..HI poi"t .,. bt:1JW 011 u.. 2"IT taoundM7 lbJrt 01 Utll Aill Iuds ~'*' III 0.1t. ... 4DI ., Pqo. 1071-/074; ~~ pI#"ntrWto -..t'"....", ~"r"''''' ,... llca:rikd 111 0,. /JooIr 401 .t, P.eps 1m-ION. in . SOUu,...1a1"P din:t1UoIIt",." UI! ~ 01 at>> I.., to. Z. iI'OIt ,;pt:I.....t: t>>.".~-.,'...pund'/1/-____..,.,..'o tlto ~.." To'."""'. .,,11 1'.'."''''' ~,. (S...7'.I11.). _ ....en"d lit 0." _, ,,;.,.. ~5>> eI .h. J/OnrtHl COWl',.. n.,..".... ~ b8Nr.' '1tMct......,..-IIB'/r. ~\#n~ 01 ...4 S.B.T.kT. po,.., b..r II 411" (Yr' 4~. 11 lor . 41.'-" 01 ".1'0 I... .. . 1outt4 ~. (roo ,.;,. 10""" .c Che lie',,. &!orIJ~r DI s..dS.Itr.~J: Jt&ftItl- Illeneo b..,. N 4r4D'20" E. Iwc.. dA,t.aa. 01 JSII.H 1_'; .h~ h., S 6'"'''' U. Eo /.,. "'.,..... ., ~4d; UI_,...,.-II-4r 1.'1:16 C lor . distallco 01 :H.14 loel; thoDet: ..., S 40' I.'<<J. ~ lor. dIslefICO of $I~ Ieee: rlJeltft bite,. S fr fO~. ... 1-0 ~ d"11ID:n'hd-~Crr.~~.",., _. ~. ~ dacrtpUoa _"'eln~ ,..O~ .,.ant/..' more or .,.... . . .: PAGE p,o t /) r-eo 1.:1 U't U;:':'ttlp L.omm. UaVIO 1<1Ce IdUOJ <::t:I::J-bdUb p.l) OS/21/03 2003/127 Section 9.5-122(c) IUd Section 9.5-266(a). (b), (e), (d), (e), (f), (g) and (b). (lleviaioos to A1I"ordable HousinJ ReJUlations). There was no public input. Motion was made by Commissioner Rice and seconded by Commissioner Neugent to contiDue the Public HeariJJB to the June 18,2003, nieetins of the Board at 5:00 P.M., in Marathon. Motion carried unanimously, with Commissioner McCoy and Commissioner Nelson not present. A Public Hearing was held concerning adoption of an Ordinance approving a request of the Monroe County Planning Department to amend the Monroe County Land Development Regulations by amending Section 9.S-2S2(C)(3)h. (A1CUZ) and aeating Section 9.S-2S8; providing for RpeaJ of aU Ordinances inconsistent herewith; providing for incorporation into the Momoe County Code of Ordinances; IDd providing an efI"ective date. There was no public in~t. Motion was made by Commissioner Neugent and seconded by COmmissioner Rice to continue the Public Hearing to the July 16,2003, meeting oftbe Board at 5:00 P.M.. in Key West. Motion carried WWIimously. with Commissioner McCoy and Commissioner Nelson not present. A Publie Hearing was held concemiog adoption of an OrdilWlCC tnnamitting to the l>epartmcm of CODIIamity Aft'airs the request filed by the Planning and Environmental RelOW"CeS Department to amend Policy 212.2.3 of the Monroe County Year 2010 Comprehensive Plan concerning shoreline setbacks. PIannios Direaor, Marlene Conaway addressed the Board: The Board accepted public input with the foOowing individuals addressed the Board: Ricbard Lancaster. repraenting Hammer Point Owner's Association; and Burke Cannon, representing Key Largo Fedention of Homeowners. After discussion. motion was made by ComnUuioner Neugent and seconded by Commiuioner Rice to adopt the foUo~ Resolution, and acceptanc:e of the memorandum fi-om K. Marlene Conaway, amending Section 9.S-349(b)(2). Said document is incorporated hecein by referau. Motion carried unanimously. with Commissioner McCoy and Commissioner- Nelson not present. RESOLUTION NO. 11"2eo3 Said Resolution is incorporated herein by reference. WASTEWATER ISSUES -7 Motion wu DIIde by Commissioner NeugCllJl and seconded by Commisaioner Rice to adopt the foRowing R.esoIution rescinding Resolution No. 200-2001 and asrcein8 in principle to transfer a ponion of Monroe County's lite at Lana key to the City OfLaytOD for use u a central wutewater treatment DciJity for the City of Layton and lUly SUITOWIdina area ofUDiIlCOrpOqted Monroe County and directing Monroe County sta1f'to work with the City, Waste Manasement, Inc., and the state regulatory agencies, to identify an appropriate portion oftbe site suitable for a wutewater treatment facility. Motion carried unanimously. with Commissioner McCoy and COmmissioner Nelson not present. --;> RESOLUTION NO. 190-2003 Said Resolution is incorporated hecein by reference. There being no funher business to come before the Board, the meeting was adjourned. F@b 13 U4 U5:48p Comm. David Ric@ (305) 289-6306 1".7 AGENDA ITEM SUMMARY rut1t..d ~-rvJ 1)cy-nda - drPppd BOARD OF COUNTY COMMISSIONERS Meeting Date: Wednesday. May 2 t. 2003 Division: BOCC Bulk Item: Yes No XX Department: Commissioner Rice. District 4 AGENDA ITEM WORDING: Diaeassion and approval to reseind ResolutiOD 11200-2001 ..d .ppreval of revi8ecl resolutio. to traIIsfer a portiOD of the County Solid Waste TnD.fer aDd L..d Fill property located on LODI Key to the ownenhip of tbe City of Layton instead of the Florid. Keys Aquedad Authority. Tbe City ofL.yton bas decided to udert.ke their wastewater projeet iDdepeDdeatty of tile FKAA at this time. The BOCC neea some directioa as to wbat effect, if aay, this 'WiD have OB the Co_ty'. agree.eat witll tile FKAA as t'is preject will serve the surroandial areas llIIineorporated Long Key as weD as tb. City of Layton. ITEM BACKGROUND: The City of L.yton requested assist..ee fnNa tile CO.Dty in obtaiBial a site lor. central wastewater treatment plant. The County Solid Wute Traasfer site and Land FlU Oil Long Key was identified as ".vinl sufficient ara to .eeo....od.te laell a ladUty. PREVIOUS RELEVANT BOCC ACfION: ResolutioDll200-2001 was adopted by tile BOCC iD May 2"1 .creeIDg in principle to transfer a portion of Monroe Couty property located in Loae Key to the Florida Keys Aqoedoet Authority for use as . eeatral.utewater treahlleDt faeility for tbe City of L.yton .Dd oy sarroo.dial .rea of a.incorporated Loag Key. la Aapst 2001, a 1:0000itJaeat was reaffirmed by tile Conty and the City of Laytoa th.t ill "pills to the f.eility study project fuaded by FEMA UnDlet Needs Funds. tllat the development of. central was.ater tratmeut faeility to serve the City of LaytoD .ill include the rem..ing unincorporated .reas of Loog Key in that faeility's treatment area. CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: TOTAL COST: BUDGETED: Yes No COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes _ No _ AMOUNT PER MONTH_ Year APPROVED BY: County Atty _ DMSION DIRECTOR APPROVAL: OMBlPurchasing _ Risk Management _ t,3Yt4 (Da~d P. Rice. Commissioner. District 4) DOCUMENTATION: DISPOSITION: Included XX To FoJlow_ Not Required_ AGENDA ITEM II ~~ Feb 13 O~ U~:~tJp ~omm. uaVIO Klce l.jUOJ cO::J-O.:Juo p.o May-O~-03 U9;~6A P.Ol CAAOt.. MAC lAREN ~ OIitU' lIf &utJJn e Po. ... 176 -o.a...~F l4Ing~ Rlrila5aOO1 ~ r.DJ"" fU: t.I05)...,. MAY - 5 L003 May S. 2003 Oft behelf orlhc City of 1.qIDa.l ha.e.a.n JIIdhorizIcd to fonnrca ~ inclic:aUnc dae City Off.aJlon.li...to.....dIc;pIQpCR).lnuf'cr...-Jridl WIt d1esubjcct oldie IIIaehed ResoJUliun by 1bc CounIy C.......... bc~ Sp-i&'U,.IheCie, ofl....,_., Wasr.c-ta.....'OIW..... dteCily havcdccidadto ~our wlSlC'Wlllcr pIOjICt ~ly urlbe.AqucdIIct Audaority _dais time. Thic beiDa'" ClIa\ .. propst)' Iha&.. -- .....aIIc ~.~ ,AlllMriIy ftw ~ of builclna . WUIItwIIcr IIaImenI. rmlily.,~.to*Cily..oppDHallO ~ Aq~A&dIaom,. 1-.- ~UCSIin& tbat Ibis item be pu& on Ihe AFftda for lite IICJd. mcctiDa lID thatlbc Co1Qmi$$MtI\ CID .msiIlhiaiilelll.ud,pmvido.lbc~.cIiIIlc&IJ"".o.Qyof.a..,... ......... ~13ft mPtII: IIqID000walllcwlkrpla. ~. ifthoCommtSJionerswauld like.~veJlftllall 1I1bc~_.....we"".'",tO'~. ' .,'- , ", " Eaclosun: BE.CBIVED MAr .. s ZO03 Clff l:C: City or I.ayton "'................"'.".'-_......,.~. ..,-.... Feb 13 U4 U~:4~p Lomm. uaVIO Klce l.jU::lJ C:tJ~-b.jUb p.~ .~t.UTlaN MG. I~O .2003 A RESOLU'nON OF THE BOARD OP COUNTY COMMISSIONERS HSCJNDIM8 ftEcna UJlON NO. ZIG-2OGI AND AGRlEING IN PlUNClPLE TO 1'WANSFER A PORnON OF MONROE COUNTY-S SITE AT La.. kEY TO THE CITY 0Jf LAYTON FOR USE" AS A CEIilTRAL WASTEWATeR TREATMENT ,ACIUTY FOR THE CITY OF LAYTON AND ANY SUItROUNDlfIG ~.P OF UNINCORPORATED MONROe- COUNTY AND DIUC11NC MONRO. COUNTY STAF' TO WORK wITH niB CITY, WASTE MANAeEMENT, INC., AND 11m STATE REGULATORY AGENCIES, TO IDENTIFY ANAPPROPRlATI 'PORIIC* OF THE snE SUITABLE FOR A WASTEWATER TREATMiNT FAClUTY WHeREAS, the City of Layton has decided to undertake their own wastewater project independently of the Aortda Keys Aqueduct Authority; and WHEREAS, Monroe County owns a site on Long Key p'".....ltty being utilized as iI solid waste transfer station but which may have sufticlent area to accommodate a wastewater treatment facility; and WHEREAS, in the past the County"s Long Key site has been used as a land fill and for soUd waste incinerators making the site, by virtue of its history, uniquely qualified fur a wastewater treatment facility; and WHEREAS, the City of Layton desires to have the subject property transferred to the City of Layton instead of the FKAA; now, therefore BE IT RESOlVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1, Resolution No. 200-2001 is hereby rescinded. section 2. The Board of County Commissioners agree in principle to transfer a portion of their long Key soUd waste transfer station site to the City of Layton for use as a central wastewater treatment facility serving the City of Layton and any surrounding area of unincorporated Monroe County. l:/( 3~""d Q,qor;::l":c:.7C:"'C--,4'"!' .,...", .._ ..r... ......__.... __......_.~ .._w__ __ __ __ J-eb 1;:1 U4 U~:4~p Comm. David Rice (305) 289-6306 p. 10 Section 3" The County staff are :hereby.ctirected to work with Waste Management, Inc. (the operator of the transfer statIon), the City of, Layton, and the appropriate state reguhttory agencies. to locate an area within the County"s Long Key site suitable for use a as wastewater treatment facility. When such a site has been determined. County staff is directed to prepare the documents necessary so that the Board of County Commissioners may transfer the Site to the City of Layton. PASSED AND ADOPTED by the Board of County Commissioners 0' Monroe County, Florida, at a regular meeting of said Board held on the 21st day of May, 2003 Mayor Spehar Mayor Pro Tern Nelson Commissioner McCoy Commissioner Neugent Commissioner Rice (SEAL) Attest: DANNY L.KCLffAGF. Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUHTV, FLORIDA By By Mayor/Chairperson Deputy Clerk 2dreswastelayton ~ H!Ilfv ~ - f, ~ DATE - ,....,..."..,,....,,......,....,.... -..... ..,... ... .... .. ....__... __.....a...... t-l!D 1.:J U"t U:l:"t~p ~omm. UaV10 K1Cl! l.jU:lJ c:tl~-b.jUb p. 1 1 CoInmissioncr Williams RESOLUTION NO. 200 -2001 A RESOLUttON OF THE BOARD Of COUNTY COMMISSIONERS MREEIN& IN PRINCIPLE TO TRANSFER A PORTION OF MONROE COtJN'1'YS SITE AT LON5 KEY TO THE fLORIDA KEYS AQUEDucT AUTHORrrY fOR use AS A CENTRAL WASTEWATER TREATMENT FACILITY FOR THE CITY OF LAYTON ANI) AtrN ~ AREA OF UNINcoAPoRATED MONROE COUNlY ANI> I:>IRECTING MONROE COUNTY STAfF TO WORK WITH THE FtAA. THE CIlY. WASTE MANA6EMENT, INC., AND THE STATe REiULATORY A6ENCIES. TO IDENT1FV AN APPROPRIATE PORTION OF lltE SITE SUITA8LE FOR A WAS'TEWATER TREATMENT FAt:I'J TTY WHeREAS.. the CI1y of Loyton needs and ..i.... . site fw a centrGI wastIwa1v tNcIt1neAt plant; WHeReAs. MClftroe County owns Q site on Long Kay presently beitlg uti'iad as G solid waste trGMfw stGtfon but which IHy hew suffldeftt CING to GCCOIMnOdcrte Q wastewcrter treGt1ncftt fClCiIi1y; and WHEREAS. in the past the Caunty"s Lang Key site has ban used as Q land fin Gnd fr solid weste InciMrGtors making the site, by Yirtuc of its history. uniquely qualified for Q wastewater treatment facility; now. theNf... BE IT RESOLVEb BY THE BOARD OF COUNTY COMMISsIONeRs OF MONROe COUNlY" FLORIDA: Section 1. The Board of Coun1y Comn\lssioners GgNc in principle to transfer Q portion of their Long Key solid waste transfer station sfte to the Florida Keys Aqueduet Authority (FICAA) for use as a central wastewatu treatment facility serving the City of Layton and any surrounding area of unincorporated Monroe CGUftty_ Feb 13 04 05:50p Comm. David Rice l::iU:'J ~ti~-b.jUb p. 1 C Section 2. The Caunty staff arc hereby clrect8d to work with the fKAA. Waste MaMgeInent. Inc. (the opeN'tOf" of the trcmsfer station). the City of Layton. and the oppropri.... state regulatory agpda. to Iocata an aru within thtI Cauftty's Long Kay site sui~ f.. L.- II as wastewcrtv treGtlnent facility. When such Q site has ~en determiMd. County staff is dirwcted to prepara the doaIMnts necessary so that the Board of Caunty CoInInIssioMrs may transfer the site to the FICAA. PASSED ANI) ADuP I En by the Board of Ccuaty COIIIIftissfoners of .... County. florida. lit Cl rcgutar moafng of said Board held Oft the 16th dcay of May. 2001. .,.. horga Neugent MAyor Pro T_ NaN WilliGMS CcImII\iaioMr iIuI-t'Gy NelSOft DiXie $p8hGr ChGrIa Ik01y y~S yes yes Y6f" yes LkOl.HA6E. Clerk 8OARI) OF COUNTY COMMISSIONERS ~0NR0e COUNTY. FLORII>A ~k'-e ~~ Mayot/Chcafrpel SGft - jdruWostclK C GO ct:.an o .. (.) Q:;) I.&J ' a:: ~ 0::: o l&.. 0') o ~ l.1.J ~ --J 2: w ~i :..:3 ..1 < .'. J':. . >= -..J(.)t- ~a:% --=> '(.)0 ~ .0 ~,-::cw .,- -..J 0 ;zc.Jo::: <{ z: i.L 0 0 ~ .. .