Item M2
BOARD OF COUNTY COMMISSIONERS
Agenda Item Summary
MeetinG Date
AGENDA ITEM WORDING
Division
County Attorney
A resolution rescinding Resolution No. 166-2004, and authorizing a transfer of real
property to the Florida Keys Aqueduct Authority for purposes of establishing a
wastewater treatment facility on Conch Key.
ITEM BACKGROUND
On April 21, 2004, the County Commission authorized through Resolution No. 166-
2004 a transfer of a tract of property larger than is needed by for the lift transfer
station. The County Commission deems a transfer of a smaller parcel of property
to FKAA to be in the best interest of the residents of Monroe County
PREVIOUS RELEVANT BOCC ACTION
Approval of Resolution No. 166-2004 and transfer of property to FKAA on April 21,
2004.
CONTRACT/AGREEMENTCHANGES
STAFF RECOMMENDATIONS
Approval
TOTAL COST
BUDGETED Yes No
COST TO COUNTY
SOURCE OF FUNDS
M..\'J,.~...u..
County Attorne~ OMB/Purchasing ! Risk Management!
APPROVED BY:
DIVISION DIRECTOR APPROVAL:
JOHN R. COLUNS
DOCUMENTATION:
Included !
To Follow !
Not Required!
AGENDA ITEM #
!y}d-
Commissioner McCoy
RESOLUTION NO.
- 2004
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, RESCINDING RESOLUTION NO. 166-
2004, AND AUTHORIZING A TRANSFER OF REAL PROPERTY TO THE
FLORIDA KEYS AQUEDUCT AUTHORITY FOR PURPOSES OF
ESTABLISHING A WASTEWATER TREATMENT FACILITY ON CONCH
KEY.
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 Florida Keys Aqueduct Authority applied for the transfer of property
on Conch Key for the establishment of a wastewater treatment facility; and
WHEREAS, since the application for the tract for a wastewater treatment plant, it has
been determined that a site on Conch Key is needed for a lift transfer station rather than a
wastewater treatment plant; and
WHEREAS, on April 21, 2004, the County Commission did authorize through
Resolution No. 166-2004 a transfer of a tract of property larger than is needed by Party of
the Second Part property for the lift transfer station; and
WHEREAS, in accordance with F.S. 125.38, it is deemed in the interest of public
health and welfare that said property be transferred to the Florida Keys Aqueduct
Authority; and
WHEREAS, prior to the adoption of the original resolution authorizing transfer of the
larger parcel of property, was published at least once a week for two weeks, the proposed
transfer of land, as required by F.S. 125.35; and
WHEREAS, the County Commission deems a transfer of a smaller parcel of property
to Party of the Second Part to be in the best interest of the residents of Monroe County;
and
WHEREAS, the deed approved for execution on April 21, 2004, was not recorded due
to the interim information regarding the need to transfer only a smaller parcel of property;
now therefore
BE IT RESOLVED THAT THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA:
1. Resolution No. 166-2004 is hereby rescinded.
2. The unrecorded deed approved April 21, 2004, is hereby rescinded.
3. Monroe County shall transfer to the Florida Keys Aqueduct Authority that
parcel of property situated on Conch Key, described in Exhibit A, attached hereto and
incorporated herein by reference.
4.
property.
The Mayor is authorized to execute a quitclaim deed transferring said
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a
regular meeting of said board held on June 19, 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
Deputy Clerk
Mayor/Chairperson
1111:> m:>U.UIllClll prcparcQ by,
or under the direction of.
SUlanne A. Hutton. EsCl.
FBN 336122
Office of County Attorney
P.O.Box 1026
Key West. FI. 33041-1026
QUITCLAIM DEED
TIllS INDENTURE, Made this 16th day of June, 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 FLORIDA KEYS AQUEDUCT AUTHORITY, Party of the
Second Part, a special district of the State of Florida with offices at 1100 Kennedy Drive, Key West, Florida
33040.
WITNESSETH
WHEREAS, Party of the First Part did heretofore acquire title to a parcel of property, on Conch Key,
Florida, as recorded in Official Records Book 1848 at Page 2315 of the Public Records of Monroe County Florida;
and
Whereas, on April 21, 2004, Party of the First Part did authorize through Resolution No. 166-2004 a
transfer of a larger tract of property than is needed by Party of the Second Part property; and
WHEREAS, Resolution No. 166-2004 has been rescinded and Party of the First Part Has resolved to
transfer to Party of the Second Part the below described property;
NOW, THEREFORE, THIS INDENTURE 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, all the right, title and
interest of the Party of the First Part to the property herein described all that certain land situate on Conch Key, in
Monroe County, Florida, to wit:
See Legal Description in Exhibit A, attached hereto and incorporated herein by reference,
Subject to a reversionary interest in said property should FKAA cease to use said property for
wastewater purposes,
Part.
TO HAVE AND TO HOLD, the said premises and the appurtenances thereof unto the Party of the 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 and year first above written.
(OFFICIAL SEAL)
A ITEST:
DANNY L. KOLHAGE
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
Deputy Clerk
By:
Mayor
MONROE COUNT';' ATTORNEY
APPROVED AS T
LECAL OESCRIP170N
Monroe County dglJl or way conveyance
10 Flortda Keys Aqueduct AullJort"ty
A parcel of land on Conch Key lying in fractional section 15, Township 65 South,
Range 34 East, Monroe County, Florida; said parcel being more particularly described
as follows:
Commence at the intersection of the southwesterly right of way line of South
Conch Avenue extended and the northwesterly right of way line of State Road 5 (US-1);
thence S 67' 16'34" E along said extension of the southwesterly right of way line of
South Conch Avenue 71.76 feet ta a point lying on a line 150.00 feet northwesterly of
and parallel with the baseline of survey as shown an the Florida Department of Transp'ortation
Right of way Map for Conch Key, Section 90050, Sheet 12 of 28; thence N 68.33'26' E
along said parallel line 73.44 feet to the Point of Beginning; thence continuing along said
parallel line N 68'.33'26" E, 50.00 feet; thence departing said parallel line S 21'26'34" E.
50.00 feet to a paint lying on a line 100.00 feet narthwesterly of and parallel with the
aforementioned baseline of survey', said point also lying 100.00 left of baseline of survey
Station 151 + 75; thence S 68.33 26" W along said parallel line 50.00 feet to a point lying
100.00 feet left of baseline of survey Station 151 +25; thence departing said parallel line
N 21.26'34" W, 50.00 feet to the Point of Beginning.
The total amount of right of way to be conveyed in this description is 2,500 square feet.
The bearings used in this legal description are based on Florida Department of Tronsportation
Right of Way Map, Section 90050-2509, sheet 12 of 28.
The informotion used to compile this
legal description and sketch was taken
from Florida Department of Transportation
Right of Way Map Section 90050-2509,
sheet 12 of 28. a plat of Conch Key
recorded in Plat Book 2, Page 130, a
deed recorded in O.R. Book 1848, Page
2315 and a field survey performed on
4-01-04.
Please see Sheet 2 for
the sketch of the legal
description. This sheet is
not valid without Sheet 2.
MONROE COUNTY ENGINEERING DEPARTMENT
10600 AVIATION BOULEVARD MARATHON, FLORIDA 33050
305-289-6074
This legal description was written under
my direct supervision and is true and
correct to the best of my knowledge
and belief.
,.~~-~
raised seal of Florida
FlELD DATE:
WORK: 4-01-04 5-26-04
FlELD SC
BOOK: 04-01 none
TOWNSHIP DRAWN BY:
65 South J. Wilder
RANGE CHECKED BY:
34 East J. Wilder
SECTION DWG. NMlE:
15 fkaapump.dwg
COUNTY Monroe SHEET OF
2
/ Plat
Conch Key.............
Book 2, Page 130
Q~
" ............." /
s.' 'i.....
Ovtl) ", ' ,
, Co ' , ............. _
, , I"Jcf}' ' , ............. ----
~ -<I v " ...-?" - -
,-~~~ac., el"Jve ',>< ~
~-; '1~1 --- ----
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----
/'
/'
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I
----
'.31'
~-'
----
----
/'
/'
/'
/'
,
--
---- /'
/' /'
-- /'
"rood /'/'...
pf"l /"'" fire Well ~
05 / /" .Q'
----
SID. 151+75
100' LT.
SID. 151+25
100' LT.
--
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--
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__ o[po'"
__ fdg<
--
ft"e(lve __
Con,n c:.. '\ --
/IoriO \S~ ..J! __ --
S-- \ :---- --
\J -"'I
-.J ..-. en
S" ~'-l e J -'po"''''
v /of
0' __ yge
-----
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LEGEND
--
--
--
--
I'
68033'26 --
--
--
--
--
P .O.B. - Point of Beginning
P.O.C. - Point of Commencement
q/' utility pole & guy wire
R/W Right of way
~ utility pole &
Please see Sheet 1 for
the legal description. This
sheet is not valid or complete
without Sheet 1.
SKETCH OF LECAL DESCR/P170N
Monroe County right 0/ way conveyance
to Rodda Keys Aqueduct Authon'ty
MONROE COUNTY ENGINEERING DEPARTMENT
10600 AVIATION BOULEVARD, MARATHON. FLORIDA 33050
305-289-6074
sJ-z;/4
signature ond original raised
icensed Surveyor and Mapper
mop, plot, or sketch is for
purposes only ond is not valid.
--
--
--
Certification: Certified for Sketch of Legal
Description
I hereby certify that this sketch meets the
Minimum Technical Standards as set forth by
the Florida Board of Professional Surveyors
and Mappers in Chapter 61G17-6. Florida
Administrative Code, pursuant to Section
472.027, Florida Statutes. This sketch was
performed under my direct supervision and
is true and correct to the best of my
knowledge and belief.
50 0 50 100
~~~1~
FJElD DATE:
WORK: 4-01-04 5-26-04
FJELD SCAlE:
BOOK: 04-01 1" = 50'
TOWNSHIP DRAWN
65 South J. W;lder
RANGE , CHECKED BY:
34 East J. W;lder
SECTION DWG. NAME:
15 tkoopump.dwg
COUNTY SHE OF 2
Monroe 2