Resolution 043-2022DocuSign Envelope ID: 33C20BB5-7B25-4CC1 -8FB6-D 149411 EOA66
RESOLUTION NO. 043 -2022
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
CONFIRMING THE COUNTY'S SUPPORT AND ABILITY
TO PROVIDE THE LOCAL FUNDING NECESSARY TO
RESTORE, DISPLAY, AND MAINTAIN THE HISTORIC
FLAGLER RAILROAD MILE MARKER UPON TRANSFER
OF OWNERSHIP TO MONROE COUNTY, FLORIDA; AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the Florida Department of Transportation, District G (hereinafter, "FDOT")
and Monroe County entered into and executed an Agreement on June 19, 2017 for the funding of the
development of the Monroe County Lower Keys Scenic Viewing Area between Mile Marker 29 and
Mile Marker 30 along U.S. Route 1 (Florida State Route 5); and
WHEREAS, the development of the Monroe County Lower Keys Scenic Viewing Area
entails the construction of a scenic pull off from U.S. Route 1, an information kiosk, restrooms,
parking, landscaping and a boardwalk with an overlook adjacent to U.S. Route 1 near the North Pine
Channel; and
WHEREAS, the development of the Monroe County Lower Keys Scenic Viewing Area will
further promote the use and enhance the natural and cultural experience of persons utilizing the
Overseas Heritage Trail due to its proximity thereto; and
WHEREAS, FDOT has responsibility for the maintenance of U.S. 1 and its Right of Way;
and
WHEREAS, between Mile Marker 30 and Mile Marker 31, there exists an Historic Flagler
Railroad Mile Marker (hereinafter "Property") located in the FDOT Right of Way (ROW) of U.S.
Route 1 in Monroe County, Florida, and
WHEREAS, FDOT has been informed by the public of its concerns about the Property and
its long-term protection, and
WHEREAS, the Property is not eligible for listing on the National Register of Historic Places,
and
WHEREAS, a previous coordination meeting in 2017 with Monroe County, Florida Division
of Historical Resources (hereinafter, "FDHR"), FDOT, FDOT consultants, FDOT Central
Environmental Management Office (now known as Office of Environmental Management) (OEM),
and local interested parties initiated an effort to extract the Property, restore it to the extent possible,
and protect it, and
WHEREAS, during the above coordination meeting, various options were discussed as to
the relocation and protection of the Property; and
WHEREAS, the Monroe County Lower Keys Scenic Viewing Area is in close proximity to
the original location of the Property; and
DocuSign Envelope ID: 33C20BB5-7B25-4CC1-8FB6-D149411EOA66
WHEREAS, FDOT and Monroe County have been and continue to be engaged in the
natural, scenic and cultural development of the Monroe County Lower Keys Scenic Viewing Area;
and
WHEREAS, the relocation of the Property to the Monroe County Lower Keys Scenic
Viewing Area would further enhance natural, scenic and cultural attributes of the site and the adjacent
Overseas Heritage Trail; and
WHEREAS, it has therefore been determined that the most suitable situs for the relocation
of the Property would be at the Monroe County Lower Keys Scenic Viewing Area, and
WHEREAS, Monroe County has proposed to take ownership of the Property, and
WHEREAS, FDOT, has proposed to grant and convey certain property rights to Monroe
County subject to designated preservation covenants in and to that Property and Monroe County, for
itself and its heirs, administrators, devisees, successors, and assigns is willing to accept the Property
subject to such covenants; and
WHEREAS, the administration of these preservation covenants by Monroe County will assist
in preserving the historic and cultural values of the Property; and
WHEREAS, the rights, responsibilities and obligations of FDOT and Monroe County as to
the conveyance of the Property have been memorialized in a Covenant on the Transfer of the Historic
Flagler Railroad Mile Marker and effectuated by a Bill of Sale between the parties. Said Covenant and
Bill of Sale are attached hereto
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY AS FOLLOWS:
Section 1: Recitals. The recitations set forth above are hereby incorporated by
reference herein.
Section 2: The Board of County Commissioners of Monroe County ("BOCC") hereby
agrees to take ownership of the Property in accordance with the Bill of Sale (Attachment A) and
Covenant (Attachment A, Exhibit B).
Section 3: The BOCC authorizes County personnel to effectuate the restoration of the
Historic Flagler Railroad Mile Marker in accordance with the Covenant.
Section 4: The BOCC authorizes County personnel to effectuate the display and
maintenance of the Property in accordance with the Covenant.
Section 5: The BOCC authorizes the Mayor to execute the Covenant on its behalf.
Section 6: Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting of said Board on the 16t' day of February 2022.
Mayor David Rice Yes
Mayor Pro Tern Craig Cates Yes
Commissioner Michele Coldiron Yes
Commissioner District 3 Vacant
qm is io�tq Holly Merrill Raschein Yes
SE , _ ��-� BOARD OF COUNTY COMMISSIONERS
r �) ✓�i1, u
,st'=KEV�ADOK, Clerk OF MONROE COUNTY, FLORIDA
N;r $
Y• Y•
As Deputy Clerk Mayor
MONROE COUNTY ATTORNEYS OFFICE
APPROVED AS TO FORM
(AS 0"UN ATTORNEY
DATE: 2-08-2022
C�
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5-1
3
DocuSign Envelope ID: 33C20BB5-7B25ACCi-8FB6-D149411EOA66
ATTACHMENT
A
DocuSign Envelope ID: 33C20BB5-71325-4CC1-817136-D149411EOA66
This instrument prepared by,
or under the direction of,
Alicia Trujillo, Esq. _ SR No.
State of Florida Managing District
Department of Transportation County
Address: 1000 NW 111th Avenue
Miami, Florida 33172
BILL OF SALE
5/US1-MM30,A
Six
Monroe
KNOW ALL MEN BY THESE PRESENTS, that the Florida Department
of Transportation ("Grantor"), for and in consideration of preservation by
Monroe County, Florida ("Grantee") of the personal property described herein
("Property"), does hereby grant, transfer, convey, and deliver unto the
Grantee, its successors and assigns, the following Property:
Concrete mile marker installed by the historic Florida East Coast Railroad
during the construction of the Overseas Railroad between 1905 and 1912
(including the small piece that has broken off). The mile marker marked the
point in the Overseas Railroad where Key West was 30 miles away and
Jacksonville was 492 miles away. Photos of the mile marker from 1995 and
2018 are attached hereto as Exhibit "A." The mile marker is currently located
between mile marker 31 and 30 on US 1/SR 5/Overseas Highway in Big Pine
Key, within Grantor's Right -of -Way.
THIS CONVEYANCE IS made subject to the Covenant Between the Florida
Department of Transportation and Monroe County on the Transfer of the Historic
Flagler Railroad Mile Marker, attached hereto as Exhibit "B".
TO HAVE AND TO HOLD the same, unto Grantee, its successors and
assigns forever.
SIGNATURE PAGE FOLLOWS
DocuSign Envebpe ID33C20BB5-7625-4CCI-8FB6-Dl49411EOA66
IN WITNESS WHE Grantor I)as executed this Bill of Sale on this
Z�F day o� eA=,Z
Signed, sealed and defivered
in our presence:
Witnesses:
Print: Helen Shaheen
Oocu$lgned by:
Sign :(—�'(U, Q,fil"OU,
��EXOaAV* Secretary
Print:
Sign. '
Florida Department of Transportation
Byi
3
`S1a6y,t,n, Miller, P.E.
District �ix Secretary
Me - rlkeview-.C�V—ftnedW
•
The foregoing instrument was acknowledged before me by r-neans ofk
pl, al presence or Li online notarization, this/;�-r day of
)tA,4&�� 2022, by 4,, 2g�] as
District Six Secretary of Florida Deparybent of Transportation, who is
e�rsonally known to me or has prod�uced as
ow �a rso
c 1
identifica Won n r did not take an oat�h.
RNotary Ptiblic &ate of Florida
Matta A Uanes
My Commission HH 049,218
Of 1,0 Exprot OWW024
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Print:
DocuSign Envelope ID: 33C20BB5-7B25-4CC7-8FB6-Di49411EOA66
Exhibit A
Flagler Railroad Mile Marker
(8MO2101)
DocuSign Envelope lD: 33C20BB5-7825-4CC1-8FB6-Dl49411EOA66
Flagler R.R.
(8MO2101), Railroad Mile Marker
October 1995
DocuSign Envelope 0: 33C20BB5-7B25-4CC1-8FB6-Dl49411EOA66
Immm
(8M02101), Railroad Mile Marker
2018
DocuSign Envelope ID: 33C20BB5-7B25-4CC1-BFB6-D149411EOA66
Exhibit B
Flagler Railroad Marker
Covenant Agreement
DocuSign Envelope ID: 33C20BB5-7625-4CC1-8FB6-D149411EOA66
COVENANT BETWEEN THE FLORIDA DEPARTMENT OF '1RANSPORTATION
AND MONROE COUNTY ON THE TRANSFER OF THE HISTORIC FLAGLER
RAILROAD MILE MARKER
WHEREAS, the Florida Department of Transportation, District 6 (hereinafter, "FDOT") and
Monroe County entered into and executed an Agreement on June 19, 2017 for the funding of the
development of the Monroe County Lower Keys Scenic Viewing Area between Mile Marker 29 and
Mile Marker 30 along U.S. Route 1 (Florida State Route 5); and
WHEREAS, the development of the Monroe County Lower Keys Scenic Viewing Area entails
the construction of a scenic pull off from U.S. Route 1, an information kiosk, restrooms, parking,
landscaping and a boardwalk with an overlook adjacent to U.S. Route 1 near the North Pine Channel;
and
WHEREAS, the development of the Monroe County Lower Keys Scenic Viewing Area will
further promote the use and enhance the natural and cultural experience of persons utilizing the
Overseas Heritage Trail due to its proximity thereto; and
WHEREAS, FDOT has responsibility for the maintenance of U.S. 1 and its Right of Way;
and
WHEREAS, between Mile Marker 30 and Mile Marker 31, there exists an Historic Flagler
Railroad Mile Marker (hereinafter "Property' located in the FDOT Right of Way (ROW) of U.S.
Route I in Monroe County, Florida, and
WHEREAS, FDOT has been informed by the public of its concerns about the Property and
its long --term protection, and
WHEREAS, the Property is not eligible for listing on the National Register of Historic Places,
and
WHEREAS, a previous coordination meeting in 2017 with Monroe County, Florida Division
of Historical Resources (hereinafter, "FDHW), FDOT, FDOT consultants, FDOT Central
Environmental Management Office (now known as Office of Environmental Management) (OEM),
and local interested parties initiated an effort to extract the Property, restore it to the extent possible,
and protect it, and
WHEREAS, during the above coordination meeting, various options were discussed as to the
relocation and protection of the Property; and
WHEREAS, the Monroe County Lower Keys Scenic Viewing Area is in close proximity to
the original location of the Property; and
WHEREAS, the FDOT and Monroe County have been and continue to be engaged in the
natural, scenic and cultural development of the Monroe County Lower Keys Scenic Viewing Area;
and
DocuSign Envelope ID: 33C20BB5-7B25-4CC1-8FB6-D149411EOA66
WHEREAS, the relocation of the Property to the Monroe County Lower Keys Scenic Viewing
Area would further enhance natural, scenic and cultural attributes of the site and the adjacent Overseas
Heritage Trail; and
WHEREAS, it has therefore been determined that the most suitable situs for the relocation
of the Property would be at the Monroe County Lower Keys Scenic Viewing Area, and
WHEREAS, Monroe County has agreed to take ownership of the Property, and
WHEREAS, FDOT, by its grant and conveyance of certain property rights hereunder to
Monroe County hereinabove grants designated preservation covenants in and to that Property which
is the subject of this conveyance, and Monroe County, for itself and its heirs, administrators, devisees,
successors, and assigns is willing to accept the Property subject to such covenants; and
WHEREAS, the administration of these preservation covenants by Monroe County will assist
in preserving the historic and cultural values of the Property.
NOW THEREFORE, FDOT hereby covenants on behalf of itself with Monroe County at
all times to be bound by the following:
1. FDOT will extract the Property from its present location between Mile Marker 30 and
Mile Marker 31, Big Pine Key with the utmost care and deliver it to a site mutually determined by
FDOT and Monroe County for its restoration, at which time Monroe County will be granted
ownership of the Property.
2. Monroe County may pursue grants or other financial assistance to help with the
restoration, preservation, and maintenance of the Property, as warranted.
3. Monroe County shall make the Property accessible to the Public in the same manner
as other attributes of the Monroe County Lower Keys Scenic Viewing Area.
4. Monroe County shall display and interpret the Property in a fashion that reasonably
protects it from damage.
5. Monroe County shall, at its sole cost and expense, install and maintain an interpretive
plaque or display alongside the Property.
6. Monroe County shall make reasonable efforts to maintain and prevent damage to the
Property and to protect it from deterioration.
7. All work carried out on the Property shall be conducted with oversight of a person or
persons meeting the Secretary of the Interior's Professional Qualification Standards for Archaeology
and Historic Preservation as set forth at 62 FR 33708-33723 Dune 20, 1997).
8. The rehabilitation, display, and interpretation of the Property shall be completed in
coordination with the Monroe County Lower Keys Scenic Viewing Area Site.
DocuSign Envelope ID: 33C20BB5-7B25-4CC1-8FB6-0149411EOA66
9. These covenants shall be deemed to run with the Property as covenants at law and
equitable servitude and extend to and are binding on Monroe County and FDOT. The restrictions,
stipulations, and covenants contained herein shall be inserted by Monroe County verbatim in any deed
or other legal instrument by which it divests itself of either the fee simple title or any other lesser estate
in the Property or any part thereof.
10. The invalidity or unenforceability of any provision of this instrument shall not affect
the validity or enforceability of any other provision of this instrument or any ancillary or
supplementary agreement relating to the subject matter hereof.
11. This Agreement may be amended when such an amendment is agreed to in writing by
the signatories or their respective heirs, administrators, devisees, successors, and assigns, as
appropriate.
[SIGNATURE PAGES FOLLOW]
DocuSign Envelope ID: 33C20BB5-7B25-4CC1-BF[36-Dl49411E0A66
SIGNATORIES:
Florida Department of Transportation
Witnesses:
Print: Hielen Shaheen
Sign: r_t!"'
Secretary
Print-,
L L
S'I'A'rE OF I A
COUNTY 0 1, '
Florida Department of 'I'ransportation
k--9A C) U
SWEY'L., Miller, P.E.
District Six Secretary
Illegal ReVieW. .—Sao-day:
By: I—filitiA, fkV4l(1.4
Alicia -TRIjille.0,"Esq.
District Chief Counsel
The foregoing instrument was acknowledged 1) efore "ne by means of Ei physical presence
or'5 Ej, online notan t this day of A22, by
/.
, . X077e_"e_ -a-s District Six Secretary of Florida Department of
Transportat/jon, who is personally k n or has produced
as is c;r�t:i ..rcatic.ara anal did not take an oath.
04,�, Nolary fl"Nic Slate of Florida
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NO'I'ARY PUBLIC:
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Sign: -7&Z_ 7
STATE OF FLORIDA )
COUNTY OF M.e#J K0E )
County Commissioners
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:ayor/C irman
"6WME COUNTY ATTOlINEY`S OFFICE
APPROVED AS TO FORM
STANT COUNTY ATTORNEY
DATE: )-qg-,)0?2 -
The foregoing instrument was acknowledged before me by mead of hysical presence
or ❑ online notarization, this day of bLIQ ,2022,
by ,0-,),vi 1 CIL on behalf of Monroe County, F rida, who is
personally known to me or has produced as identification and
aia take an oath.
NOTARY PUBLIC:
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