Key Largo Wastewater Treatment District Board of Commissioners Meeting Agenda Item Summary Meeting Date: December 4, 2018 Agenda Item Type: Resolution Agenda Item Scope: Review I Discussion Agenda Item Number: K-2 Recommended Action: Action: Approval Department: Customer Service Sponsor: Diane Bockelman Subject: Exemption from Assessment - Vacant Land - AK# 1608131 Summary of Discussion: Parcel owner requested AK#1608131 to be exempt from the wastewater assessment. Per Monroe County Planning and Environmental Resources, this parcel is not allocated density, making it a non-buildable lot. Staff recommends approval of exemption in accordance with KLWTD Rules and Regulations, Section 10.05( c). Reviewed I Approved Financial Impact Attachments Operations: $ 2,860.00 1. Resolution 19-12-18 Administration: Uncollected 2. Request for Exemption 3. Map Finance: Funding Source: District Counsel: District Clerk: Engineering: Assessment Revenue Budgeted: No Approved By: ~ General Manager Date: /{ - z c;.-- I r 49
RESOLUTION NO. 19-12-18 A RESOLUTION OF THE KEY LARGO WASTEWATER TREATMENT DISTRICT ( KLWTD ) BOARD OF COMMISSIONERS APPROVING THE REQUEST OF RICHARD COLE AND RITA GILMORE FOR THE EXCLUSION OF ONE TAX PARCEL FROM THE 2009 NON-AD VALOREM ASSESSMENT ROLL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Richard Cole and Rita Gilmore, husband and wife, are the owners of real property having Parcel Identification Number 00491920-000000, legally described in Exhibit A attached hereto and made a part hereof by reference ( the Subject Tax Parcel ); and WHEREAS, the Subject Tax Parcel was assessed a System Development Charge ( SDC ) as reflected in the 2009 Final Assessment Resolution No. 20-05-09 adopted on May 19, 2009; and WHEREAS, In accordance with the provisions of Section 10.04(a) of KLWTD s General Rules and Regulations ( KLWTD R&R S ), the owners have submitted a request that the subject tax parcel be excluded from the 2009 Final Assessment and classified as Exempt on the ground that it cannot be improved consistent with existing zoning or other legal constraints, pursuant to KLWTD R&R Section 10.05(c); and WHEREAS, pursuant to Section 10.04(d) of the KLWTD R&Rs, the owners have certified and agreed that if they or any subsequent owner later desire wastewater service to the Subject Tax Parcel, they must pay the full direct and indirect District costs of providing the same. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE KEY LARGO WASTEWATER TREATMENT DISTRICT THAT: Section 1. Section 2. Section 3. Section 4. Section 5. Recitals. The above recitals are true and correct and incorporated into this Resolution by reference. Approve Exemption. The Board finds that there is good and sufficient cause to approve the owner s request to exclude the Subject Tax Parcel from the 2009 Final Assessment Roll. Exempt Tax Parcel. As of the effective date of this Resolution, the SDC imposed on the Subject Tax Parcel shall be removed and the property classified as Exempt. Effective Date. This Resolution shall be effective upon adoption by the Board. Implementation. The General Manager and/or his designee is authorized to take all actions necessary to implement the terms of this Resolution. 50
The foregoing Resolution was offered by Commissioner, who moved for its approval. The motion was seconded by Commissioner, and being put to a vote, the result was as follows: AYE NAY Chairman Asdourian Commissioner Gibbs Commissioner Heim Commissioner Majeska Commissioner Tobin The Chairman thereupon declared this Resolution duly passed and adopted the 4 th day of December, 2018 KEY LARGO WASTEWATER TREATMENT DISTRICT By: David Asdourian, Chairman Approved to as to form and legal sufficiency: ATTEST: By: Diane Bockelman, Clerk By: Nicholas W. Mulick, General Counsel SEAL 51
RESOLUTION NO. 19-12-18 RE NO. 00491920-000000 AK NO. 1608131 EXHIBIT A The Southeasterly one-half (1/2) of the Northwesterly one-half (1/2) of the Southeasterly 200.0 feet of Lot 26 and 27, Block 1, SEASIDE, according to the Plat thereof, as recorded in Plat Book 1, at Page 97, of the Public Records of Monroe County, Florida. Subject to an Easement over the Southwesterly 11 feet, 3 inches (11.25) thereof. 52
Nov 30 18, 10:40 rich a rd 3058535467 p.1 To: RICHARD COLE Page 2 of 2 2018-11-2914:25:22 (GMT) 1866.2915960 From: Jen niler Hutchins Key largo Wastew.aJer Treabnentllistrid 103355 oye:rsea_s:hlghway; K y.tilcgo, fl 33037 Phon.e!305.) 451-401.9 www:k.lwtd.<::q!ti Request for Wast.ewater Assessm.ent Wa.iver or Exemption ALL fields m11st.~ amtp{ct.ed, 1J11fl/!$Sindicatl.N/ as optianaf, /!efore tire l'eqljelit will be revlewerj. Property Owner of Record: COLE RICHARD & GILMORE RITA H/W ~"-'-'-'--'-"-"------~-~--~--- Requested By~: ijf net Owner.qt Record, Butholi2atiqn doa;mentatk;n mµst.be suiin~-----. --- --- - - --- --- -.. Ema!l(!>Pti0n211): ---~~---- -----~---- PARCEU RE/Parcel ID: 00491920 000000 _,...~ ~ -- -=-... -.. ----...,...,~ - --. ---~ Physft:al Location: _!!ieaside AVE - VACANT LAND, KEV LARGO PARCEL 2 RE/Parcel IP: Alternate Key:,_,,,,.. Physical Location: PARCEL 3 ~E/f.an:el ID: Alternate Key; - -- -------. Physical t.gcatic111;. I reqwest a WAIVER of wal;tewat<>r ~ssessmert for tile p.a,~el(s} J;stecl axve b~r.<>u~: D Tne parcel i$vacart ~~ct irnrµe0~ately adja:.'ent to an asses>ed parcel that is o:mne:ctl;?d to the Dis'.,rii:;l;'s cen~! wastewarer collection system: Secti0n 1a.06{aXO O The parcel 1svacant and designated as Tier I. Section 10.06 {a)(li).d The p<1rcel i> vacant.and. only- ~eceives an annual tax notice due to the wastew<iter ~(ill;s!)'lent, Se.011 I0,06(a)(ic{).... I request an EXEMl'l1QN.of wa.st1'water assessment: for the par.cel(s) listed abov.e ll<;qluse: 0 Tho:;. parcel is '<acant a.nd has been aggregated with an adjoining Pi:Jrcel that i> con~ected to the District's o=ntral \l'f<lf.tewater collection sy,$.tern. -Sli!ClioriJ'IJ.OS {a) 'o The ;pilrcel is a marina, boat.slip or rackomlnim\jrn ttiat is not capable ofl:reating.wa:;te~ter. $«J:ii:m 10.os (b) I8l The parcel cannot l:je improyecl \j!je to ~oning reg!jj?ttion> or otller legal constraints.. Sectiori HJ.05 (c) Cl The ;p;;rcel (:annot be impro~ed d1je to physical conditions of the property. sec!iqn ie.. vs (d) D Other; iei r understand, agree and certify tl1at 1f the District'later provides wastewarer service to the parcel., the tllen-('.l.lrrent. owner shah p<iy to th<:; District the f!j!ldirect and in.oirect co~ts of pr.pllicf'ing same.... [SJ I am requesting a.refund. Attached to this form is evidence.supporting request for refund. _ c --!---~~--- 1.L.% Signature _{[ ~ D~ This completed request form may be mailed. to the addr-ess below, emailed to customerseivice@kl delivered to tile District off11:e located at 103355 Overseas Hwy, Key l.ar90, Fl. 3303 KLWfD Form F-19 Re\lised ll/29/20lli 53
Waiver of Assessment AK# 1608131 - Vacant Parcel MM 94 Monroe County, FL Overview Legend Centerline Easements Hooks Lot Lines Road Center Rights of Way Shoreline Condo Building Key Names Subdivisions Parcels 37 ft Date created: 11/29/2018 Last Data Uploaded: 11/29/2018 1:47:41 AM Developed by 54