Resolution 226A-2004
MONROE COUNTY
OPPICU\L RECORDS
FILE #1457987
BK#2026 PG#1737
RCD Ju1 19 2004 02:39PM
DANNY L KOLHAGE:, CLEPF
Commissioner McCoy
RESOLUTION NO. 226A- 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 Resolution No. 166-2004 is hereby rescinded.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 The unrecorded deed approved April 21, 2004, is hereby rescinded.
FILE 11 45 7 9 8 ~ 3 8
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3. Monroe County shall transfer to the Florida Keys Aqueduct Authority that
parcel of property situated on Conch Key I 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 1'. 2004.
Mayor Nelson
Mayor Pro Tem Rice
..:"",~~;:~;-'-~missioner McCoy
/i!J:?;~ ')~" . ~ issioner Neugent
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Deputy Clerk
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~ONROE . RECORDS
OFFICIF\L '
This instrument prepared by,
or under the direction of,
Suzanne A. Hutton. Esq,
FBN 336122
Office of County Attorney
P,O,Box 1026
Key West, FI. 33041-1026
MONR08 COUNTY
08'F'fCTAL HF;CCJFIOS
FIL8 #1 457 988
B K # 2 (2) 2 6 P G # 1. 7 :3 9
ReD Jul 19 2004 02:33PM
DANNY L KOLHAG~, CLERK
QUITCLAIM DEED
THIS 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.
WITNESSEm
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, TIllS 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, aU the right, title and
interest of the Party of the First Part to the property herein described aU 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 HA VE AND TO HOLD, the said premises and the appurtenances thereof unto the Party of the Second
~':~SS WHEREOF, the Party of the First Part has caused these presents to be signed in its name by
i,!><~_qf~~ommissioners acting by the Mayor of said Board, the day and year first above written.
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DANNY L. KbLHAGE
BY:~aL.lC'~ I!lu)f~
Deputy Clerk '
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
B~~/ l/?([ ~~
Mayor d
MONROE COUNT" ATTORNEY
APPROVED !\s r
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PIL8 #145
81<,#2026 PC;jf1740
LECAL OESCRIP170N
Monroe County nghl or way conveyonce
to F/onda Keys Aqueduct Aulhon"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 to 0 point lying on a line 150,00 feet northwesterly of
and parallel with the baseline of survey as shown on the Florida Department of Transp'artation
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 Paint 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 point lying on a line 100.00 feet northwesterly 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 68'3326" 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 Transportation
Right of Way Map, Section 90050-2509, sheet 12 of 28,
The information 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 Q,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 ' '"'1'''
This legal description was written under
my direct supervision and is true and
correct to the best of my knowledge
and belief,
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FlELD DATE:
WORK: 4-01-04 5-26-04
FlELD SC
BOOK: 04-01 none
TOWNSHIP 65 South DRAWN BY:
J, Wilder
RANGE CHECKED BY:
34 East J, Wilder
SECTION DWG, NAME:
15 fkoopump,dwg
COUNTY SHEET OF
Monroe 2
'~ff,4/oJ'
PSM 6042
raised seal of Florida
Conch Key ~
Plat Book 2, Page 130
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LEGEND
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68']]
P.O.B. - Point of Beginning
P.O,C, - Point of Commencement
q/' utility pole &: guy wire
R/W Right of way
'b utility pole &:
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Please see Sheet 1 for
the legal description, This
sheet is not valid or complete
without Sheet 1,
SKETCH OF LECAL
OESCR/P170N
Monroe County n'ght 01' way conveyance
to nor/do Keys Aqueduct AlIthon'ty
MONROE COUNTY ENGINEERING DEPARTMENT
10600 AVIATION BOULEVARD, MARATHON, FLORIDA 33050
305-289-6074 ' . ,
sJ-414
signature and original raised',
icensed Surveyor and Mapper'
map, plat. or sketch is for
purposes only and is not valid.
PILE #1 457 988
BR# 2 (2) 2 6 PG# 1 7 4 1
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--- 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 61 G 17 -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
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FlELD DATE:
WORK: 4-01-04 5-26-04
FlELD SCAlE:
BOOK: 04-01 1" = 50'
TOWNSHIP 65 DRAWN BY:
South J, Wilder
RANGE CHECKED BY:
34 East J. Wilder
SECTION DWG, NAME:
15 Ikoopump,dwg
COUNTY SHE OF 2
Monroe 2
MONROfi: COUNTY
OF'FICIAL RECORDS