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Item I1BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 18, 2006 Bulk Item: Yes No X Division: —Engineering Department: Wastewater Staff Contact Person: Elizabeth Wood AGENDA ITEM WORDING: Approval to execute a sewer utility easement agreement for the southerly 20.0 feet of the northerly 95 ft of Tract B, Porpoise Point Section Five, Big Coppitt Key. ITEM BACKGROUND: Boyle engineering has identified alternate pipe layouts for the Big Coppitt collection system which will eliminate up to five pump stations from the system resulting in reduced construction and operation/maintenance costs. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approval as stated. TOTAL COST: $0 BUDGETED: Yes NA No COST TO COUNTY: $0 SOURCE OF FUNDS: REVENUE PRODUCING: Yes _ No _ AMOUNT PER MONTH Year APPROVED BY: County Atty _ OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: Revised 8/06 AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: BOCC Contract # Effective Date: Upon Execution Expiration Date: None Contract Purpose/Description: The Monroe County BOCC owns Tract B of Porpoise Point Section V. By locating the gravity main within the proposed easement a pump station can be eliminated from the system. A 20.0 ft shoreline setback and rear yard setback are required for about two thirds of the northern property line. Any required easements necessary for the extension and operation of the System are included in the Lease Agreement between Monroe County and FKAA. Contract Manager: Elizabeth Wood 4525 Engineering /1 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 10/18/06 Agenda Deadline: 10/3/06 CONTRACT COSTS Total Dollar Value of Contract: $ 0.00 Current Year Portion: $ 0.00 Budgeted? Yes❑ No ® Account Codes: NA- - - - Grant: $ 0.00 - - - - County Match: $ 0.00 - - - - ADDITIONAL COSTS Estimated Ongoing Costs: $NA/yr For: utilities (Not included in dollar value above) (e . maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date Out Date In Needed iew Division Director %� IZ-06 Yes[]No� /0 -12.0c Risk Management [2-13(�, Yes❑ NoE Y I (IV. B./Purchasing ��� � Yes❑ No '�co County Attorney UIZ Yes ❑ No �,cX� u 'l `�'� 6 //� Comments: OMB Norm Revised 2/27/01 MCP #2 i Engineering Division MEMORANDUM °••� To: Dave Koppel, County Engineer From: Elizabeth Wood, Sr. Administrator — Sewer Projects Date: 10/13/2006 Re: Gravity Main Easements at Tract B of Porpoise Point Section Five AGENDA ITEM WORDING: Approval to execute a sewer utility easement agreement for the southerly 20.0 feet of the northerly 95.0 feet of Porpoise Pointe Section Five Tract B. ITEM BACKGROUND: An easement is required to implement an alternate pipe layout for the Big Coppitt collection system which will eliminate a pump station from the system resulting in reduced construction and operation/maintenance costs. At the recommendation of the Land Authority office, the Wastewater Department discussed how the easement would affect future plans to construct affordable housing at the site. The Planning Department has indicated that the shoreline setback from the canal and the rear yard setback for the portion of the property to the west zoned improved subdivision is 20.0 feet. The portion to the east requires a 10 foot setback because it is zoned sub -urban commercial. A uniform setback of 20.0 feet can be applied uniformly across the northern edge of the BOCC property to accommodate the easement and allow enough flexibility in site design to construct the housing development. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approval as stated. This instrument prepared by, or under the direction of, Pedro J. Mercado, Esg. FBN 0084050 Office of County Attorney P.O.Box 1026 Key West, Fl. 33041-1026 SEWER UTILITY EASEMENT THIS SEWER UTILITY EASEMENT is made this day of 2006, by and between the Monroe County Administrator Grantor, whose address is 1100 Simonton Street, Suite 2-205 Key West, FL 33040, to BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of property known as the "future work force housing site" situated at Big Coppitt Key on the north side of US Highway 1 within Section 22 Township 67 and Range 26 with physical address of Tract B, Porpoise Point Section Five, Big Coppitt Key, Florida described and depicted on Exhibit "A" attached hereto and made a part hereof (hereinafter "Future Work Force Housing Property"); and WHEREAS, the design of the Big Coppitt Wastewater collection system for the Big Coppitt Service Area is being finalized, and WHEREAS the Grantor owns property recommended for the construction of a wastewater transmission line; and WHEREAS, the Grantee's wastewater designer recommends installation of a transmission main pipe commencing at approximately Emerald Drive and continuing to Sapphire Drive within a 20 foot wide utility easement commencing at the northern boundary of the Future Work Force Housing Property totaling approximately 0.13 acres, as shown in Exhibit "A" for use, repair and maintenance, for future development and other public purposes; and WHEREAS, it is necessary for Grantee to maintain the easement over the segment of the Future Workforce Housing Property for purposes of providing sewer lines, use, service, repair and maintenance; and NOW THEREFORE, in consideration of the mutual covenants and obligations contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree that the Grantor does grant to Grantee, its agents, its successors and assigns, a perpetual and non-exclusive easement on, over and above the above - described Future Work Force Housing Property for the purpose of utility installation, limited ingress, egress and maintenance within said described property, providing that Grantee has the right to construct, alter, and maintain sewer, conditioned upon the Grantee restoring any of the Grantor's property disturbed in the construction, alteration, repair, maintenance and connection of said sewer lines to its original state and Grantee holding Grantor harmless for the acts and omissions of its officers, employees, agents and contractors, and upon the representation that Grantee is a state governmental agency as defined by Florida Statutes and shall maintain suitable Public Liability insurance or be self -insured, in amounts adequate to respond to any and all claims within the limitations of Florida Statute 768.28 arising out of the activities authorized in this easement, as reflected by the Grantee's acceptance of the conditions below. This Easement across the Future Work Force Housing Property to the Wastewater Treatment Plant Transmission System is more particularly set forth on the diagram and labeled 20' Utility Easement 0.13 AC Exhibit "A". IN WITNESS WHEREOF, the Grantor has caused these presents to be executed in its name by its County Administrator, the day and year first stated above. WITNESSES SIGNATURE w3m Pr' ed nam�e/of wit s Printed name of witness STATE OF FLORIDA COUNTY OF MONROE COUNTY ADMINISTRATOR SIGNATURE BEFORE ME, the undersjgned authority, personally appeared wwho is personally known to me, or has produced _ respectively as i entification. Thov,-,a s 1, At Sworn to and subscribed before me this day of +Q6--r. 20W . ..........................................z CONSTANCE A. CYR Comm P005OM2 q 1 Expms 1I1M010 Notary Name and Ntgn ,, Irl ^FW NWn A"M. Im ° dry Sign urea S a and IN WITNESS WHEREOF, the Grantee has caused these presents to be executed in its name by its Board of County Commissioners of Monroe County, Florida, acting by its Mayor or Vice -Mayor, the date and year designated below. (OFFICIAL SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA Deputy Clerk Mayor Exhibit A — Description (Utility Easement) and Sketch of Description Ink Engineering A Division of LBFH, Inc. CIVIL AGRICULTURAL WATER RESOURCES \,VATER & WASTEWATER TRANSPC4RTATION SURVEYING &MAPPING GIs "Partners for Results Value by Design' 1400 Colonial Blvd,, Suite 31 Fort Mvers, R 33907 (239 93?-0455 Fax: i239t 90-0476 w:w v.lhfh_com JULY 05, 2006 JOB # 06-7022 FILE # 06-7022SK04LGL SHEET 1 OF 2 DESCRIPTION: (UTILITY EASEMENT) AN EASEMENT FOR UTILITY PURPOSES OVER AND ACROSS THE FOLLOWING DESCRIBED PROPERTY: THE SOUTHERLY 20.00 FEET OF THE NORTHERLY 95.00 FEET TRACT B, PORPOISE POINT SECTION FIVE, BIG COPPITT KEY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, PAGE 119 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA. CONTAINING 0.13 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RES J S D. SYSE — ` `RVEYOR AND MAPPER FLORIDA CERTIFICATE # 4211 OF RECORD. 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N 224.09 1 C/L SAPPHIRE DRIVE (50' R/W) U Z = \ O O > , V / \ C M W \ < C7 O CONSULTING CIVIL ENGINEERS, SURVEYORS & MAPPERS INC. nk "Partners For Results, Value By Design' 1400 Colonial Blvd, Suite 31, Fort Myers, Florida 33907 (239) 931-0455 Fax: (239) 931-0456 BPR & FBPE License No: 959 www.lbfh.com Scale: 1 "=40' Sheet 2 OF 2 Computed: JS Checked: is m z 0 rngmOOD�c'�n-DDI m�Zvrnr�i _ r-oo 0M mm 00 Z Z Oa) co 0�*' O O rn (zmE-C-) L Z Z rn z m C)z L m M m z Q 2005 LBFH Inc. PROJECT NAME: SKETCH OF DESCRIPTION Date FILE N0. Project No. 7/3/2006 106-7022SK04106-7022