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Resolution 452-2022 RESOLUTION NO. 452 -2022 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, REQUESTING THAT THE FLORIDA DEPARTMENT OF TRANSPORTATION (FOT) CONVEY THAT PORTION F THE U.S. 1 (FLORIDA STATE ROUTE 5) RIGHT-OF-WAY (AS DESCRIBED IN EXHIBIT A) TO MONROE COUNTY TO ACCOMMODATE THE CONSTRUCTION F A NEW FIRE STATION ON SUGARLOAF KEY FOR THE PUBLIC PURPOSE USE AND ACCEPTING THE TRANSFER THEREOF. WHEREAS, on or about July 20, 1966, the Sugarloaf Volunteer Fire Department, Incorporated (SVFD) was created to provide fire suppression services for the residents and businesses on Sugarloaf Key and the surrounding community; and WHEREAS, on August 31, 1968 and March 15, 1973, the SVFD was conveyed property (as is more fully described in Exhibit B) on Sugarloaf Key for the purpose of constructing the Sugarloaf Fire Station; and WHEREAS, on or about October 30, 1967, construction of the Sugarloaf Fire Station was completed; and WHEREAS, on or about August 15, 2012, due to the need to provide Advanced Life Support Services, the SVFD and COUNTY reached a mutual agreement to staff the Sugarloaf Fire Station with personnel from Monroe County Fire Rescue; and WHEREAS, SVFD and the COUNTY have been involved in litigation in Sugarloaf Wr-Fi, Incorporated v. Sugarloaf Fire Department, Incorporated, Kevin Gerard, Randall Livingston, et. al., Case No. 2017- CA-0020-K and Board of County Commissioners of Monroe County v. Sugarloaf Volunteer Fire Department & Sugarloaf Wi-Fi, Incorporated, 2017- CA-0631; and WHEREAS, in an effort to resolve certain issues arising from this litigation, SVFD has agreed to convey its property (as described in Exhibit B) to the COUNTY and the COUNTY is pursuing the construction of a new fire station on Sugarloaf Key utilizing the process set forth in Section 255.065, Florida Statutes; and WHEREAS, the existing SVFD building is both inadequate to accommodate the needs of a professionally staffed fire station and unsuitable to house modem fire fighting and emergency services equipment and vehicles; and WHEREAS, the proposal received by the COUNTY to construct a new fire station pursuant to Section 255.065, Florida Statutes to assure professional firefighting and emergency services capability envisions a larger facility that requires additional frontage along the U.S. I (Florida State Route 5) Right-of-Way to comply with the Monroe County Land Development Regulations; and WHEREAS, in accordance with Section 337.25(4)(b), Florida Statutes, since the property is to be used for a public purpose, then property may be conveyed without consideration to the COUNTY; and WHEREAS, in accordance with FDOT's Right of Way Manual, Property Management regarding Disposal of Surplus Real Property (Section 10.5.5, Conveyances to Governmental Entities), the COUNTY, as the acquiring governmental entity shall pay all cost associated with the closing (if any are incurred) and FDOT shall prepare all necessary documents; and WHEREAS, the parties are authorized pursuant to Section 125.01(m) and Section 334.044(6), Florida Statutes to take such action; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Monroe County, Florida, that: SECTION 1: The Monroe County Board of County Commissioners requests that the FDOT convey the parcel described in Exhibit A to Monroe County for the continued public purpose use as the Sugarloaf Fire Station for no consideration and hereby authorizes the County Mayor to execute this Resolution on behalf of Monroe County, and to execute any documents needed to support and complete and accept conveyance of the Property from the FDOT to Monroe County. SECTION 2: Upon execution, this Resolution shall be effective and conveyed to the FDOT, District VI, R/W/ Administration, 1000 NW I I Vh Avenue, Room 6105-B, Miami, FL 33172 to be utilized as needed for conveyance of the parcel described in Exhibit A. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting of said board on the 7' day of December, A.D., 2022. Mayor Craig Cates Yes Mayor Pro Tern Holly Merrill Raschein Yes Commissioner Michele Lincoln Yes Commissioner James K. Scholl Yes Commissioner David Rice Yes -2- % BOARD OF COUNTY COMMISSIONERS n Madok, Clerk OF MONROE C NTY, FLORIDA By__. B As Deputy Clerk Mafor/ iairperson MONROE COUNTY ATTORNEYS OFFCE APPROVED AS TO FORM --�SWTWT COUNTY ATTORNEY DATE: -3- Exhibit A BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor David Rice,District 4 T'he Florida Keys Mayor Pro Tern Craig Cates,District I Michelle Coldiron,District 2 James K.Scholl,District 3 Holly Merrill Raschein,District 5 11 August 2022 Via electronic mail Ms. Heather Branca Florida Department of Transportation—District 6 1000 123rd street Miami, FL SUBJECT: Request for Transfer of US-I it of Way to Monroe County The County is planning construction of a new fire station on Lower Sugarloaf Key to replace the existing obsolete station. The property on which the existing station was built many years ago is small and inadequate fora modem fire station. The County requests that the Department surplus and transfer a section of the US-I it of Way (ROW) to the County. The section requested is approximately 47' x 220'section immediately in front of the existing County parcel. The attached marked up aerial shows the County owned parcel, the portion of the ROW previously transferred to the County for construction of the central sewer lift station (FDOT#4524), and the parcel requested now. The resulting transfer, if approved by the Department, will eliminate ajog in the US-1 ROW and allow the County to utilize ground space to meet the zoning and planning requirements as well as construct a modem fire station. This will also ensure a higher level of emergency services to those using US-I and the local residents. Assuming the Department agrees to the transfer, please advise what next steps are required. Respectfully, Kevin G. Wilson, P.E. Assistant County Administrator cc: Ms. Judith Clarke, P.E. Chief Steven Hudson 1100 Simonton Streety wilson-kevin@monroecounty-fl.gov Key West, FL 33040 305-797-1547 C LOWER SUGARLOAF KEY rf „ 0'4 �I ri k� ill e Ole o i/ / ra oy y 'AfW, do I ,. Sugarloaf Fire Station# D( 1)and Sewer Pump Station (118480&DOT# 2 ) Red broken line area requested from EXHIBIT B 19�11d- kPECIAL WARRANTY DZIM REC 416 PAcE 91 r"M166 V b ]Para* ) .Made this v�/� day of August 9 cV 1�68 tWeen RIAMSBURGCOAL CO. , P.. �o 0 a corporation existing under the law@ of the State of Florida pq ty,s/ the first part, `'; y o And SUGAR WAY KEY VOLUNTEER FIRS DEPARTMENT, INC.,'� v a S'v ®at ,CI®f SNlrc,s• 7 Ire y war&r, A1.9 s s...o .1, !v n of the County of Monroe ,State of Florida .party of Bh�.eec d Qri, WitnefJSedl, that the said party of the first part,for and in consideration of the sum of TIN DO %10.00) ------ ---------- and other good and valuable considerations,to it in hand paid by the said part y of the second part,the receipt whereof is hereby acknowledged,has granted,bargained and sold to the said party of the second part, its successors katex and assigns forever, the following described land, situate, lying and being in the County of Monroe .State of Florida, to wit: A Tract of lattd in a part of Gov't Lot 3, Sec. 3, T678, R27E, on Sugar- loaf Key, Monroe County, Florida and being more particularly described by metes and bounds as follows: Commencing at the intersection of the West Line of Gov't Lot 3 and the Northerly right-of-vay line of U.S.Highway No. 1, bear North 56 degrees, 02 minutes and 38 seconds East along the Northerly right-of-way line of U. S. Highway No: 1 for a distance of 644.56 feet to the Point of Begin- ning of the tract of land hereinafter described; from said Point of Beginning, continue bearing North 56 degrees, 02 minutes and 38 seconds East along the Northerly right-of-way line of U. S. Highway No. 1, 110.0 feet; thence bear North 33 degrees, 57 minutes and 22 seconds Meet, 100.0 feet; thence bear South 56 degrees, 02 minutes and 38 seconds West, 100.0 feet; thence bear South 33 degrees, 57 minutes sad 22 seconds East for a distance of 110.0 feet, back to the Point of Beginning. THIS 18 A CCMRZCTIVZ DEED ADDING THE WORD "INC." TO PARTY OF SECOND PAf T rind the said party of the first part does hereby fully warrant the title to sald land, and will defend the some against the lawful claims of all persons whomsoever claimiq oe to claim the same, by, through and under the grantor herein. :• R 1 itR Whereof, the said t o the r,t art has caused these •�,,. ',, s Pam' ll / It P R. eats cr"b6signed in its name by its duly authorized oflLoers,ond its corporate seal Agbe df' day and year above written. m ` �'orpEJia2e C.:1 r RIMMBURG COAL CO. �a •, G, Secretary. (��, S' a aad Delire . By 1A411411 7 President is s �id `tp, STATE Of F1000A `a DOCUMENfMY IA. E State of Florida, � ® County of DADS . . 1 HEREBY CEIMFY, That on this day,before me,an oXcer duly authorised in the State and County aforesaid to take aoknowledgments,,personally appeared RADFORD R. CRANE and J. G. McKAY, JR., President and Assistant Secretary of Rimersburg Coal Co. known to me to be the individuals described in and who executed the foregoin itastfue one.•alitp! the acknowledged before me that they executed the same, ans a g' ctJ veto the of�icial seal of said corporation, and the said instrument is the cc anc7 QG of said corporation. my hand and official seal in the State and County lost resaid, l°-day Qf August ,d• D. 1968. bpi fs� o. At W `cat. RT•' ,� 3,6628® •� ti..pyLeN .'g® A••' 1 •,,,�'y; oo'tission Expires o ry Public, State of Florida, ,...,,. ��o,• at Large Cow.. of�sRwr cou** wAaaA ® or[o,a®LeIAL �f 't RC. PAGE aaaco roast aaa FROM CORP. 6� 384 " cif nty" tfd Mad. the 15th day of March A.D. to 73by Rimersburg Coal Company a corporation exislino under the laws of the State Of Florida ,and hoeing its principal place of business at hliami, Florida hereinafter called the grantor.to The Sugarloaf Volunteer Fire Department Sugarloaf Hhores, Florida 33044 whose poslofficeaddressis Sugarloaf Shores, Florida 33044 herein®fler called the grantee: iwk= Wd Aen7ft eM aM.r 'r W^ .,d '•'ra '° 6rd4 ,e 14 ►.rrk. w d•k 'bl. M ..® g Mira ^•M deer ,d d 1 Rod ere a W N wtasd•ar) ltQ stth: Thai the greater,for and in consideration of Ile sum of s l0.00----and other ealuchle eonsiderallons, receipt whereof to hereby acknowledged by these presents d-es grant. bargain, sell. 'ills: allen. ramie®, rrltas®, conaay and confirm unla the errantde, all that certain land suuor. in U011rue $`t County Florida. ulzi re1 A tract of land Easterly of and adjacent to "THE SUGARLOAF VOLUNTEER Gel FIREDEPARTMENT PROPERTY" on Sugarloaf y, Monroe County, Florida a:1;:J , and being more particularly described by notes and bounds as follorscc; Being a part of Government Lot . , Section 44, T. 66S., R. 27E., c ?.i- co encing at the Southeast Corner of "THE SUGARLOAF VOLUNTEER FIRE DEPARTMENT ' as described in Official Record Books 4 u 0 15-48 and OR416-814, said Corner being the POINT OF BEGINNING of the tract of land hereinafter described and also being on the Northerly right-of-way line of U. S. Highway No. 1, bear North �:.. 56 degrees, Q2 %Anuted and 38 seconds last, along the Northerly '• °° right-of-way line of U. S. Highway No. 1, 100 feet; thence bear "'✓1 North 33 degrees, 57 minutes and 22 seconds Nest, 110 feet; thence bear South 56 degrees, 02 minutes and 38 seconds West, 100 feet to the Northeast Corner of "THE SUGARLOAF VOLUNTEER FIRE DEPARTMENT f , PROPERTY"; thence bear South 33 degrees, 57 minutes and 22 seconds 1, East, along the Easterly line of "THE SUGARLOAF VOLUNTEER FIRE6.. DEPARTMENT PROPERTY", 110 feet back to the POINT OF BEGINNING. Pt`ttr with all ohs tenements, hereditaments and appurtenances Ihenlo belonging or In any- �I',;It wise appertaining. IIII I o zee and to kold, the eam.In fee seraph for:..Rnd the grantor hereby cownanis udlk said grantee that It is lawfully seized of said load in fee simplq. that it has good right and lawful authority Io sell and convey sold land: that it hereby fully war- mrnts'tlte till. to said land and will defend the same against the lawful claims of all persons claiming by. Ihrowgh or under the said grantor. i•:' •,.r n Witness hereof the grantor has caused those presents to (CORFORATR S[AL) he executed In its name•and its corporato goal to b. hereunto affixed,by its It Q proper office"[hereunto duly aeelhorizod,the day and year first abut»uxil)on. ATTEST'. ./ . . ..L ERSBURG COAL COMPANY Signed, staled and delitwed In the Presence of: sees .. .. ........... y ® r .l 1 I //� Q EO IN OFF.I�IAC RECORD B :, RE COUNTY. FLORiDA MONROE WIitTE r , MPH �• -•� STATE OF Florida® CtIRK OF CInCUlT COURT, ti COUNTY OF . RECORD ViRlfltsO . V Bade, s. t "LR[aY C[kTIrY 16I ,n 4w err.hint•we,,® •apt asp is M•gwM,M Cw•q.1m.4 Aru4 r..�ww•t�..rr+ George A. Owen, Vice P'reaident C wL Ire■ I• a. M k fin •.d ► M des eeayp.l{tw .wed n r•.w °' i. A. 1—ptim deed. rd dwe Iwr—lay wI --mi t de••web IM,®.was•1 Iw '•41 rNarr k.etr a"wb•m.er ender .•Roar d•i,wed.. dwa M will erears".zed" din na,Irked llw•w k Ao 1M•rw.w Mel 01"W••atw"" wtT..4Eu .y k..d ..d.trkw w,I i. w ." 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