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Item O16County off Monroe ELj »moo � i G�, � BOARD OF COUNTY COMMISSIONERS /� ri � �� Mayor George Neugent, District 2 The Florida. Ke Sew', y i Mayor Pro Tern David Rice, District 4 ; -== :'„ j y Danny L. Kolhage, District I Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting May 17, 2017 Agenda Item Number: 0.16 Agenda Item Summary #2992 BULK ITEM: No DEPARTMENT: County Attorney's Office TIME APPROXIMATE: STAFF CONTACT: Rene Rogers (305) 292-3470 N/A AGENDA ITEM WORDING: Discussion and direction regarding the Big Pine Road Prison property. ITEM BACKGROUND: The State of Florida has closed the Big Pine Road Prison. The State Lands Division of DEP is preparing to go through the statutory process for disposing excess property. While that process is under way, staff is seeking direction on whether to expend county resources to determine if there is a sufficient county purpose to justify an attempt to acquire the property through a purchase or a long term lease. The statutory process first involves determining if other state agencies, including colleges, have an interest in using the property. The property cannot be conveyed to the County or other non -state governmental entities or to a private party until that process is completed. The County has existing interactions with the Prison Property because it is adjacent to County owned buildings including the Big Pine Fire Station, the Big Pine Key Nutrition Site, and two buildings which the County leases to the State Department of Agriculture's Forest Service. Portions of at least some of these buildings allegedly encroach upon the Prison Property. Because of the alleged encroachment issues involving these buildings, the County may a strong interest in acquiring at least a portion of the Prison Property even if the County does not acquire it in its entirety. PREVIOUS RELEVANT BOCC ACTION: On 2/15/17, the BOCC adopted a resolution calling on the State to keep the Road Prison open. The Board also deferred taking a position on the County's alleged encroachments on the Road Prison parcel. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Authorize County staff to explore options for use of the Big Pine Road Prison property and explore the advantages and disadvantages of acquiring the property. DOCUMENTATION: Encroachment Map Site Map Site Map(2) Lease-MCBOCC-Forestry Lease-TIIF-FDOT Survey -Land Swap FINANCIAL IMPACT: Effective Date: N/A Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: Grant: County Match: Insurance Required: Additional Details: N/A If yes, amount: REVIEWED BY: Bob Shillinger Completed 05/02/2017 5:53 PM Bob Shillinger Completed 05/02/2017 5:53 PM Budget and Finance Skipped 05/02/2017 5:46 PM Maria Slavik Skipped 05/02/2017 5:46 PM Kathy Peters Completed 05/02/2017 6:01 PM Board of County Commissioners Pending 05/17/2017 9:00 AM aU a' LL aLL W D U) 0 Q wa OQ z cO G p LoLb o 0 0 0 v I j I I I N I ILO N I I NI VVVOI OW U) QI I � Q �I LO Z i I N L, 08b J w J Of OZ �0 Q w 2 Z ♦— Z:) w OZ w (n O LLi w U) Z 0 oIL Of wa =w `L ~ z °�0 zOf- O_ 0 U ~� �0w 0 CL Of LL, DO 0 U awOf wJO =w Of ~ of LLI Z m w } o�z Q0< Z Z QUO LL Q�H LLJ ° J U) = — Dc)m LL, Z U U0Z wO LL of iL wwcn 0=w J � � Z U) wUD ZU LaLJ c) 0 Q LLr,LLLI c)LLI�U J Of ao� O LL Q UZ� Z 0- w — w LLI co U) cnwOf QZLLI Q0� LLI LL Z�O w °00 Q Z E UQLL 0}0 J ; w � 2 Of aQO W-0� iL Z Z LnU)D = 0 H�U 111075.041 0 111075.047 0 111075.048 = N .� C� 1 , TV TP TW NE Corner — — — 562.33 ------ 50' Easement LO T7=22 OR 227-303 OR 916-2266 ?58040 21 3050 258200 - " 20o NE114 OF NW114 OF NW114 0 111650 258060 258190 19 258180 OR 424-617 ' 0 18 = D80 0 2517 (TIIF) 17 _ 190 258160 1 0 16 _ 0 N 100 258150 co 15 10 258140 0 14 23 122.22 2�4.45 25120 13 0224.45 269.45 258250 1 .ss A 955.58 280 51.25 " 51.25 100 5 100 153.75 51.27 140 7580 140 257590 CD o CD M CD � 18 5 14 - 15 N o N= N= N N_ 256440 0 N cq o M '570 257600 17 L 0 4 _ _ N o 0 i3 = 16 25 24 23 22 - 16 2563270 56320 7 9 11 560 0 257610 51.25 1.2 100 100 151.7. 13 51.27 100 111470 TV TW -------------------- 562.33 22 3 .5 f I 30 I 111650 3 51.25 51.25 100 i40 F7590 � fm a (a rn w co 18 - - �� o N= Lo N � 04 = N 256440 i 7600 171 16 25 24 23 22 16 '610 y 5t.25 51_'LK 100 _ F 323.74 '--- --- 200 W EatrroMN164-1991 --__—__ - - 111071.095 111071.070 GL FM 188.12 200 388.12 111071.069 FL -- ---------------------- 04 - i0 Ea4eeh■rq 252.5 cq v111460 100 i 1$3.75 1 Sim cq aO 4 s I e ( p Lo 66320 0 N 256270� I 3 7 k 9 ! 11 13 100 i53.751 5127 1 � 11 l I FIRE HOUSE \\\ 294.93 111470 -Dec 13 02 10:22a 12-13-2002 8:47AM t MQNROE COU� aMWM1PnAN MANAGEMFE . FROM PUBLIC RECORDS 305 295 3623 y.( Ju Fl! F Ei OR t:CORQ �115t L 4. h -5 PM 2: 13 iiLK. CT. CT TSIS A. D. 147Z by and bet.�aen c;�e G� .;: 'r G'i" Mc —,Rt�F,, STATE GF F1,01kMA, a political F;ubd.vie::;n of the St'I.tr of `-1+,r>''•n, as lessor, and the Departrcut of her; a.r . and Cansocer Servleea (Avt- *ion of ro'reatry), as l7ST<ESSETd: ::a. cc:.__erazLo. oc F-'J L'JLL l'II,�JOi and other valuable :onad.Y,.::c::. ..:u Lessor his let srd leas'd and does by these ->reacnte let 4%6 -easz unto the Leacce, its successors and assi6ns, the follow:ng parc:a lard :Genre.. ;<ti ,c:xe Cv<.ncy, State of Florida. to v:t: A TRACT OF LAND IN A PART OF SECT 10N, 26, T. 66S., ?. 29E., on Big Pinc Key, Monroe County, Florida and being afore particularly described by metes and bounds as follows: Cor_tmencing at the intersection of the East Line of the West Half of the Northwest Quarter of Section 26 and laic south,•:csterly right-of--tav line of State Road S940, said intersection also to be krrwn as the POINI OF BEOLNNING of the tract of land bereinafter described. bear South 31 degrees and 34 minutes East, along said acuth-xcsecrly right-ef-tray line of State Road S940, 567. 21 feet to the North Line of the Med-ndist Church Property: thence bear West along said North Line of thin M-thoiist Church Pr,�,perty, 294. 93 foot to Lbo East Line of the h eat Stalf or'ha X0'rth-es' Guarter of Section lb; thence bear North, along the Fast Line. of the 14 e9t Ifalf of the Northwest Quarter of Seetlon 26, 4@1.26 feet, back to the POINT OF BEGINNING, containing I.64 acres, LESS TN EXISTING TWO CONCRETZ P.LOCK BVILDINGS KNOWN AS A FLREHOLSE AND A RESTACOM. r TO JUVE j;:j ,j un:o t,.o laid La66oe, itr s..L.s.aors, and aastsr., 4z._ . i.rtad of euen:y-five (23) yaara from the dace haraor. It is b..arsroon and a;read that said land s;,aall be :or State forestry purpo,04, in tonur..fon cl;ith firs control. In the rv_..z z..+r said ,snd :10"ld cease :c b• ..at for lugttl:aa;a State Forestry pu.;.ase-- EoT Cant'_ous pa roG e: :=v• t3) years, than sold lands ana1L revert co the Lessa., its sue ssors ant aaatgns, aad the Lassos shall tiav* r.o furthar zi,nto, tit,, mni interest the:'ein, bur 61a1i have the [igoc to re-3 a .Con aaid laacN any alld .11 in?a0ve,c2nt5, fixt':roe, &Gods, tscrchsn- dis*. '..ad eny o:hsr p:opartiea Lt may i^ave placed thereon. :.:♦ Lassae, at the oxpiration of this Lease, shall have tle »pciar to oxccaG .14 :c:r„ thereof for a period of trcnty-:tve 01", year: -n; :na data of expiration upon the *a-•.o ter-s and cor,citionS za ,trprovod a to rbrn oriel 1 (T3ILty ry= Q.16.d P. 0a QJ O LL L) U 0 m L) Q®S W to QJ O Dec 13 02 10:22a 4.16.d r e-1 ti : 4 7AM FROM PUBLIC RECORDS 30S 29S 3623 P. 3 s provided, and , -7I L 7Fer_ 6'. _ "trior vr.tc-w:.t7cC `itty (30) day* prior c.ri ,]te er >:crni::Vi:,,. _rL,-I ;,:.r: .:•.'. AtY intention to terminate or stn_; jQ-..a ahal: bv cYll::.C'v +_r:1C Le2rict li%tend• to constJer .»id 1eo4G Ln full fRAtc pan, effect fee the Feriad of such ext-tnel�1 and to be bound ector.dinz'.r, She said Lessor does her0,i warren[ the title to sai, �ar,d Paav,. draeribed and ccvanants that eano fa free from al1 llere oral encur.brimcrs and covenants to defend the title therrca far the benefit of the tcs;ee, Its successors and aeai£ns, to protect the •rssec in 1!e use and enj':•y- went of the property above described in accordance with the tetras hereof. Ili WIMESS a'Iu:FLOF, the said Lessor has caused t?,9:5e present• to be mEgned in its name by its President and its corporate uesl to be affixed, trod the Depa_tmtnt of Agriculture And Consuncr Services (Division of For- estry) has caused theme presents to ba execrated in its name by the Com- missioner of Agriculture, on the day and yeir first aforesaid, in duplicate. CO".NTY OF IAC0 ROE. STATE OF Signed, Sealed and delivered FLC:R't7A In the Presence of: 8y' H&rry RarrLsr '.halrrzar, Foard of County �. (Corporate Seal) Cr Commiaslcnerrs, MonroeCet�trly, Florida Witnesses~ Attest; r' �9t�iCaQ,T�YX Clerk FLORIDA DEPAMIENT OF AGRTCULTQR_r A,YD Signed. Sealed and delivered CONSUFC R SERVICES In the Presence oft t-1lLQ __T— Ov a Conner Commisaieeer of Agriculture tnessel STATE OF FLORIDA COLNTY OF MONROE I hereby certify that on thi.v, the day of February f 19_72 _ , before me, the undersigned authority, pr reonnlly appeared HARTS; HARRIS , to re personally Known,, and �a oa 0 LL L) U 0 m t) eta cu oa oa r Dec 13 02 10:23a Z— I -J—ZLIOL IJ - it t3AM FROM PLJI:�Lle RECORDS 305 29S 3523 t P. 4 i-/7-1 -- — XI l Im 1 1 973 My C.,�Ijjjo. f.D� 17, I cta 0 LL L) u 0 m L) V) Cu Dec 13 02 10:22a MONROECOUNiY o.16.d M%'WI PO r MANAGEM,, DEC 1 20 2 Monroe County Public Works Division Facsimile Tran mission Dater _ 1 © No. of Pages:" (including cover) To: Telephone Number: Fax Number: _ t fS I From: C- �^ate ll '. 7., all Telephone Number: (305) 292-4431 Fax Number: (305) 295-3672 Bill/ Ship to Address: 3583 South Roosevelt Blvd. Key West, FI 33040 Packet Pg. 2858 State of Florida Department of Natural Resources Division of State Lands Document Conversion F1 LIE HEADER SHEET' 31JR:05116/9I.Alpha Systems BOARD OF' TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND LEASE -AGREEMENT ( t) 33(eq No. 3367 WHEREAS, the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida holds title to certain lands and property being utilized by the State of Florida for public purposes, and WHEREAS, the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida is authorized in Section 253.03, Florida. Statutes, to enter into leases for the use, benefit and possession of public lands by State agencies which may properly use and possess theme for the benefit of the State, NOW THEREFORE, this agreement made between the BOARD, OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND of the State of Florida, as LESSOR, and the STATE OF FLORIDA DEPARTMENT OF TRANS- PORTATION, as LESSEE, WITNE*SSETH; The parties, for and inconsideration of mutual covenants and agreements hereinafter contained, hereby covenant and agree as follows; 1.. The lessor does hereby lease to the lessee the following described premises in the Counter of Monroe, State of Florida, together with.the improvements thereon (if applicable), vi z. CExhibit. A - a.ttachedl TO HAVE: AND T'O BOLD the above described land for a period of Fifty (50Y years for a maintenance yard site. 2. The lessee: shall have the right to enter upon said land for all purposes necessary to the full enjoyment by said lessee of the rights herein conveyed to it. 3. The lessee shall through its agents and employees prevent the unauthorized use of said land or any use thereof not in conformity with this lease. No•. 3367 Page 2 4. This lease shall terminate at the sole option of the lessor, and the lessee shall. surrender up the premises to the lessor, when and if said premises, including lands and imiprovements,shall cease to be used for a maintenance hard site. Any costs arising out - of the enforcement of the terms of this lease agreement shall be the ex.clusi.ve obligation of the lessee, payable upon demand of the lessor. 5. The lessee hereby covenants and agrees to investigate all claims of every nature at its own expense and to indemnify, protect, defend, hold and save harmless the lessor from any and all claims,actions, lawsuits and demands of any kind or nature arising out of this agreement to the extent allowable by law. 6.. The lessor does not warrant or guarantee title, right or interest in. the hereina:bove described property.. 7.. The lessor or its duly authorized agents shall have the right at any time to inspect the said land and the works and operations thereon of the lessee in any matter pertaining to this agreement.. S.• The lessee agrees to assume all responsibility for liabilities that accrue to the subject property or to the improvements thereon., including any and all drainage or special assessments or taxes of every kind and description which are now or may be hereafter lawfully assessed and levied against the subject property during the effective period of this lease. 9. The lessee is hereby authorized to grant utility easements which will be necessary to service authorized facilities located within the leased premises. Copies of any such easements granted shall be filed timely with the lessor. la. 'This agreement is for the purposes specified herein, and subleases of any nature, excepting utility easements incident to authorized facilities, (Provision. 9), are prohibited, unless previously authorized by the lessor.. No. 3367 Page 3 11. A Management Plan for this tract shall be prepared by the lessee, in accordance with Section 253.034, Florida Statutes, with- in 12 months of the execution date of this. Lease and shall be submitted to the Board for approval through State Lands, acting as agent for the Board'.. The approved Management Plan shall provide the basic guidance for all management activities and shall be reviewed jointly by the lessee and the Board at least every five (5) years. The lessee shall not, use or alter the property except as provided for in the approved Management Plan without the advance written approval of State Lands, as agent for the Board. 1.2. Upon cessation of occupation of said property, the lessee agrees to leave all fixed improvements for the use of the lessor and to put no claim upon said fixed improvements; or, at the option of the lessor, the lessee agrees to. remove any or all improvements on the property at the lessee's expense. 13. Execution. of this agreement in no way affects the lessee's obligations pursuant. to Chapter 267, Florida Statutes - IN TESTIMONY WHEREOF, the lawfully designated agent of the Board. of Trustees of the Internal Improvement Trust - Fund, has hereunto subscribed his name and has caused the, official seal of said Board to• be hereunto affixed, in the City of Tallahassee, Florida, on the 15th day of October a A.D. 1984. cgE BQAJRD- 'OF.,, T'RUST'E'ES Q H IWTEMAL l �d&' RLb NE1VT: TRUST ;.(RD, 'THE .STATE APPROVED AS TO: FO:PM AND LEGALITY BY DATE (0(.1 �h� ,F.,.= pF TR,q�jiSi�ESRT a rs�7r BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST' FUND OF THE STATE OF FLORIDA BY ECTOR e DIVBSION OF STATE- LANDS NT FOR THE BOARD OF TRUSTEES THE INTERNAL IMPROVEMENT TRUST D OF THE STATE OF FLORIDA STATE OF' FLOR.IDA DEPARTMENT OF' TRANSPORTATION By: . Lease No. 3367 EXHIBIT "A" Parcel 1 A parcel of land in Government Lot 3, Section 10, Township 66 South, Range 32 East, more particularly described as follows: Commencing at the intersection of the East Line of said Government Lot 3, with the centerline 8nf S _ R. 5 (Centerla[ne of Old F.F.C. Railway r gh.t of way), run South 74 20'08" West along said centerline a distance of 2187.55 feet; thence North 15 40'00"West a distance of 750 feet, more or less, to the. Shoreline: of the Bay of Florida, designated as point "A"'; thence from said point of beginning, run North 74020'00" East a distance of 197.M feet alongthe Northerly Right of Way Line of S.R. 5; thence North. 15 401010" West a distance of 820 feet,. imore or less, along the Westerly boundary of Marathon Beach, according to the plat as recorded in Plat Book 2, Page 16 of the Public Records of Monroe County, to the Shoreline of the Day of Florida, designated as point "B"; thence meander - said shore line from point "B' to point 'A" in a Southwesterly direction. a distance of 250 feet, more or less, containing 3.6 acres, more or less. Parcel 2 That portion of the Northeast 1/4 of the Northwest 1/4 of the Northwest 1/4 of Section 26, Township 66 South, Range 29, East, Monroe County, Florida, lying Southwesterly of the existing 66 foot Right of Way of State Road 5-94:0, Section 90530 (Old. State Road 4-AY on Big Pine Key, Monroe County, Florida, containing 9.7 acres, more or less.. Parcel 3 Commencing at the Northeast corner of the Vest 1/2 of the west 1/2 of the. Northwest 1/4 of Section. 26, Towrnshp 66 South, Range 29 East., Monroe County, Florida, said corner also to be Tknown as the point of beginning of the tract of land hereinafter described,. bear West along the North line of the Tffest 1/2 of the West 1/2 of the Northwest 1/4 of Section 26, Township 66 South, Range 29 East for a distance of 35.5.5 feet to a point; thence bear South for a distance of 662.16 .feet to a point; thence bear East for a distance of 35.55 feet to the Southwest corner of the..Northeast 1/4 of the Northwest 1/4 of the Northwest 1/4 of Section 26, Township 66 South, Range 29 East; thence bear North along the Priest line of the Northeast 1/4 of the Northwest 1/4 of the Northwest 1/4 of Section 26, Township 66 South, Range 29 East for a distance of 662.16 feet, back to the point of beginning, containing 0.54 acres, more or less, in Monroe: County,. Florida, according to a survey prepared by 0. G. Bailey, Registered Florida Land Surveyor No. 620. STA-rE OF FLroRiDA 0.16.e DEPAR-rmEN'T OF NA-ruRAL RESOURCES Marjory Stoneman Douglas Building • 3900 Commonwealth Boulec and • Tallahassee,. Florida 32399 Tom Gardner Executive Director May 15 , 1989 Mr. Tom. West, Administrator Florida Department of Transportation. Haydon Burns Building Tallahassee, Florida 32201-8064 Dear Mr. West.: In my continuing effort to organize or lease files, I would like to make an adjustment with lease numbers. Currently, lease number 3367 covers the Big Pine Key Satellite office in Monroe County and the Marathon Sub -unit in Monroe - County. I am assigning a new lease number to one of the parcels_ The lease instrument or any rights or obligations will not change; only the numbers will be changed, one for each facility. Please refer to these numbers when requesting information. regarding these facilities: Lease Number 3367 - Big -Pine Satellite office (Monroe) Lease Number 3767 - Marathon Sub -unit (Monroe) Please forward to appropriate district person. Thank you for your cooperation. 177, 74 - I '�' TITLE SECTION DAH/s.s cc: Ms. Tracy Peters Mr. Gary Bishop Administration Beres and Shores Pays Enforcement sincerely, Deborah A. Hart, Chief Bureau of Uplands. Management Division of State ds Marine Resouxoes Recreation and Parrs Re� Management Sta[e Lands sob Martinez Jim Smith BoibP4uxteswor[ti. Gerajd Lc_is r�rnGalfagher Dogir Gonaier Betty Cas[ar c � s�,�ors An —ye —A s��pn— s� .� c �or,�,K, .t -- Lease10_ EXHIBIT. ..AR_ Parcel 1 A parcel of land in Go-,ernmeant Lot 3, Section 10, Township 66 South, Range 32 East, more particularly described as follows - Commencing at the intersection of the East Line of said. Government Lot 3, with the cent.e:rline ?f. S.R_ 5 (Centerline of Old F.E.C. Railway _right of way), run South 74: 2010�"" West alone said centerline a distance of 2187.55 feet;. thence North 15 40100" West a distance of 750 feet, more or less, to the Shoreline of the Bay of Florida, �e:signaited as anoint "A";. thence from said point of beginning, run North 74 20100" East a distance of 197.62 feet along the Northerly Right of Way Lime of S.R. 5; thence North. 15 40'00" rest a distance of 82.0 feet, more or less, along the Westerly boundary of Marathon Beach, according to the plat as recorded in Plat Boob 2, Page 16 of the Public Records of Monroe County, to the Shoreline of the Bay of Florida, designated as point "B"; thence meander said shore lime from point "B" to point "A" in a Southwesterly direction a distance of 250 feet, more or less, containing 3.6 acres, more or less. Parcel 2 That portion of the Northeast 1/4 of the Northwest 1/4 of the Northwest 1/4 of Section 26, Township 66 South, Flange 29 East, Monroe County, Florida, lying Southwesterly of the existing 66 foot Right of Way of State Road 5-94.0, Section 9653D (Old State Road 4-Al on Big Pine Key, Monroe County, Florida, containing 9-7 acres., more or less_ Parcel 3 Commencing at the Northeast corner of the West 1/2 of the West 1/2 of the Vorth wrest 1/4 of Section 26,Township 66 South, Flange 29 East, Monroe County, Florida, said corner also to be known as the point of beginning of the tract of land hereinafter described, bear West along the North - -line_ of the infest 1/2 of the Truest t 1/2 of he Northwest 1/4 of Section 26,. Town�; p 66 South, Range 29 East Tor a distance of - -- - 35. 55 feet to a point; thence bear South- for _a distance of 662.16 feet to a point; thence bear East for a distance of 35_55 feet to the Southwest corner of the northeast 1/4 of the Northwest: 1/4 of �_36'7/ the Northhwest 1/4-of Section 26,-Tow*nsh-ip 66 South, Range 29 East,- --- thence bear North along the West line of the Northeast 1/4 of the - Northwest 1/4- of- the Northwest 1/4 of Section -2 6, Township - 66 - South, - -- Range 29-Bast for --a distance._ in of 662.16 feet, back to te .point _of beginning, containing 0.54 acres, _ more -or _Ie_ss,- _fn Monroe County, - _-F-l0=:1da,_ accord n•g -tom- survey- prepared- bey---O. -G. Bailey ---Registered -.-_.- _ & arida -:Land -5usvegor --No_ 620. _ _