Item E6 Page 1 of 2
Isabel Desantis
From: "Grimsley- Susan" <Grimsley- Susan @monroecounty fl.gov
To: "'Belle Desantis "' <idesantis @monroe- clerk.com>
Sent: Wednesday, December 14, 2011 10:17 AM
Attach: WISTERIA BLM LETTER NOV 7.pdf
Subject: FW: Comprehensive Plan Amendments for Wisteria Island
See letter and e-m. susan
From: Grimsley -Susan
Sent: Monday, December 12, 2011 5:09 PM
To: Hurley- Christine
Cc: County Commissioners and Aides; Hutton - Suzanne; Shillinger -Bob; Howard - Derek; Schwab- Townsley;
'Anne_Morkill @fws.gov'; 'Tim Koenig (koenig @fkhlaw.com)'
Subject: Comprehensive Plan Amendments for Wisteria Island
You have asked me whether the November 7, 2011, letter from the Bureau of Land Management
stating that Wisteria Island is federally owned affects the application of F.E.B. Corp. for a
comprehensive plan future land use (FLU) text amendment and the County's proposed future land use
map (FLUM) designation of RC that has gone to the Planning Commission and is to proceed to a
transmittal hearing in 2012.
I have verified that the November 7, 2011, letter did come from the Bureau of Land Management, and
that the Bureau asserts ownership. I have also confirmed that F.E.B. Corp. maintains that it owns the
island and adjacent bay bottom. I have verified that the federal manager of the property would ask for a
FLUM designation of Conservation. This claim of ownership by the federal government affects both
matters, and neither the text amendment nor the County's FLUM designation should proceed until
ownership is established.
The application by F.E.B. Corp. for a text amendment to create a new FLU category of Maritime Harbor
Island (MH) is property specific, inasmuch as the only island it can apply to is Wisteria Island. The
FLUM category proposed by the County is property specific. In this case, the nature of the ownership,
public or private, is material to the decision to be made by the BOCC concerning these proposals. F.S.
Sec. 163.3177(6)(a) requires a future land use element in the comprehensive plan which designates
future general distribution, location and extent of the uses of land for residential uses, commercial uses,
industry, agriculture, recreation, conservation , education, public facilities, and other categories of the
public and private uses of land. The element is to establish the long term end toward which land use
programs and activities are ultimately directed. The FLUM requires similar designations.
Ownership is listed as a characteristic of property in the statute. It is a fundamental characteristic which
affects the decision of the BOCC, as the Board should be fully informed in order to make such a
legislative decision.
Other relevant issues which complicate this proceeding in some manner:
1. The Planning Commission recommendation was based on the information that F.E.B. Corp. is the
owner, which is now in question.
2. The possibility of using the protest procedure by F.E.B. Corp. or the Federal Government is a
problem as it depends on disputed ownership of land.
3. Action may involve the County in appeals of the designation or other court proceedings between the
parties claiming ownership.
12/19/2011
United States Department of the Interior °, .Mme '=.1
oriko ,
Bureau of Land Management i
,, Eastern States
7450 Boston Boulevard
l Springfield, Virginia 22153
IN REPLY REFER TQ
1813 1935) ETM
FLFS 57254
CERTIFIED MAIL 7010 1060 0000 5208 1199 . -- RETURN RECEIPT REQUESTED
November 7, 2011
Naja Girard
1214 Newton Street
Key West, Florida 33040
Dear Naja Girard:
This further responds to your letter dated August 9. 2011, inquiring about the ownership of lands
described as Section 36, Township 67 South, Range 24 East, and Section 31, Township 67
South, Range 25 East, Tallahassee Meridian, County of Monroe, State of Florida. These lands
are also known as Wisteria. Island.
After further review of the records. a Federal Interest Determination was performed by Dominica
Van .Koten, Chief, Branch of Cadastral Survey. The Federal Interest Determination revealed that
Wisteria Island was built by the United States Navy on an existing shoal. The Shoal was
included in Executive Order No. 4060 which reserved the area for United States Naval
purposes. Florida became a State in 1845, at which time the Executive Order was in effect and
in addition the Statehood act reserved all of the Florida Keys area to the Military. Much of the
lands were later. relinquished to the State of Florida but not the Key West area. Public Land
Order No. 621 4revoked Executive Order 4060. The land is currently under the management of
the Depattmentof Interior and is now under the adtninistrative jurisdiction of the United States
Fish and Wildlife Service's Key West National Wildlife Refuge. Legal title, therefore. would
appear to be still vested in the United States.
If you have anyquestions or need further assistance in relation to this matter. feel free to contact
Frankie Morgari, Land Law Examiner at 703- 440 -1595.
cc: Anne Mprkill .
U.S. Fish and Wildlife Service
28950 Watson Blvd.
Big Pine Key, Florida 33043
•