Resolution 125-1989
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"89 MAR 1 5 P 2 :30
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County Commission
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RESOLUTION NO. 125 -1989
RESOLUTION APPROVING SETTLEMENT AND AUTHORIZ-
ING SPECIAL COUNSEL ATTORNEY WILLIAM J.
ROBERTS TO ENTER INTO CONSENT JUDGMENT ON
BEHALF OF THE COUNTY
WHEREAS, in Circuit Court Case No. CIV 86-2302 Plaintiff
Monroe County seeks a declaratory judgment to determine whether
the title to certain lands conveyed by the County to the State of
Florida Department of Natural Resources for park purposes had
reverted to the County because of the State's failure to use said
lands as a public park; and
WHEREAS, the goal was to allow the County to expand tempo-
rarily the existing, near-capacity solid waste disposal facility
contiguous to such lands; and
WHEREAS, the Department of Natural Resources is aware of the
County's need to expand the existing facility while. developing a
new facility elsewhere; and
WHEREAS, it is in the public interest to resolve this issue
without further litigation, delay, and expense; and
WHEREAS, the County Commissioners have been advised by the
County Attorney and by its special counsel William J Roberts that
the County's chances of winning a judgment are very poor; and
WHEREAS, a settlement proposal has been negotiated by the
special counsel with the Executive Director of the Department of
Natural Resources whereby the County shall confirm State owner-
ship of certain lands described in Exhibit "A" of the consent
judgment in exchange for State confirmation of County ownership
of certain other lands described in Exhibit "B" thereof; now,
therefore
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that:
1. The proposed consent judgment is approved.
2. Attorney William J Roberts is authorized to enter into
the proposed consent judgment on behalf of the County whereby the
County shall receive approximately five acres for use as a
landfill as described in Exhibit "B" and shall, within 45 days
after closing the waste disposal facility in accordance with
applicable regulations, quitclaim to the State the five-acre
parcel described in Exhibit "B" of the consent judgment.
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
/I1a rtJ
, A.D., 1989.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
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Mayor/Chairman
(SEAL)
Attest : DANNY L. KOLHAGE Clerk
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APPROVED ~~b~':*'
ANDA!JC~
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