Item Q05BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
January
19, 2011 (Kew)
Department: County Attorney
Bulk Item: Yes
X
No _
Staff Contact: Suzanne Hutton # 3473
AGENDA ITEM WORDING: Approval of Modifications to the Memorandum of Agreement with
Florida Department of Transportation (DOT), to remove certain areas from the lease of lobster & crab
trap storage areas, and to revise the other areas; to clarify the effect of a fence installed by the Office of
Greenways and Trails (DEP); and to clarify the need for delineation of the areas in the new Exhibit A
(Areas 5 & & as revised), and that motorized vehicles are not allowed on the Heritage Trail.
ITEM BACKGROUND: See companion CAY agenda item re Amendment to the Memorandum of
Agreement ith Organized Fishermen of Florida, Inc. In 1988, in recognition that removal of traps from
the areas ad j acent to US 1 would have a negative economic impact on an entire industry, DOT leased to
the County certain areas in and near Conch Key with the understanding that the County would then
lease the areas to an organization of fishermen for storage of lobster & crab traps. Due to a number of
changes in circumstances, including the reduction in usage of the leased areas and work on the Florida
Keys Overseas Heritage Trail, DOT has decided to remove certain areas from the lease. This
Amendment to Memorandum of Agreement provides for the requisite reduction of covered areas &
creates an additional mechanism to ensure that the leased areas are properly maintained.
PREVIOUS RELEVANT BOCC ACTION: Approval of agreements with OFF and DOT in 1988.
CONTRACTIAGREEMENT CHANGES: Areas deleted or revised; clarification re fencing and
prohibition of motorized vehicles on Heritage Trail.
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: 0 INDIRECT COST: 0 BUDGETED:Yes No
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Ariy X OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM ##
Revised 1 /09
Florida Department of Transportation
CHARLIE CRIST 1 000 NW 1 1 1 Avenue STEPHANIE C. KOPL LOUSOS
GOv ,NOR Miami, Florida 33172-5800 SECRETARY
January 4, 2011
Ms. Suzanne A. Hutton, Esq.
County Attorney
1111 12th Street, 4th Floor, Suite 408
Key West, Florida 33040
Subject: Modifications to the Memorandum of Agreement
For Lobster Traps
Item/Seg No.:
2502531 / 2503081
Sect/Job No.:
90030 / 90050 / 90060
S.R. No.:
5 (U.S. 1)
County:
Monroe
Parcel No.:
789 (comprised of multiple areas between
MM 35 and MM 79)
Dear Ms. Hutton:
As you know, the Department entered into a Memorandum of Agreement (MOA)
dated March 15, 1988 with Monroe County, copy attached, for the use of the
Department's Right of Way for the storage of lobster and crab traps in various areas
along the Keys.
As a result of the construction project for the Florida Keys Overseas Heritage
Trail, the Department reviewed the areas used for the storage of lobster traps and we
found it necessary to make revisions to the areas used as indicated in Attachment "A" of
the MOA. In this connection, a meeting was held last year on September 4, 2009 with
Mr. Douglas Gregory from Monroe County and Mr. Jeff Cramer from the Organization of
Florida Fishermen (OFF) at which time we considered input from FDEP's Office of
Greenways and Trails (OGT) and from Mr. Townsley Schawb, Director of Planning &
Environmental Resources for Monroe County. An agreement was reached by all parties
to make the necessary changes and this letter will serve to document this agreement
which was reached in the early part of 2010 and in accordance with Paragraph 13 of the
MOA. The changes include removal or revisions of certain areas and other
considerations listed in the attached "Changes and Revisions to the Lobster and Crab
Trap Areas".
www.dot . state. fl.us
Ms. Suzanne Hutton, Esq.
January 4, 2011
Page Two
CHANGES AND REVISIONS TO THE LOBSTER AND CRAB TRAP AREAS
The Department has produced legal descriptions and sketches of the legal
descriptions of those areas that will remain part of the MOA. As a result, the document
known as "Attachment A" is now replaced with "Exhibit A" of the MOA.
The AREAS that shall remain as part of the MOA and further described in Exhibit
"A" shall continue to be used for the storage of lobster and stone crab traps and for no
other purpose during the term of this agreement.
The following areas will remain as part of the MOA:
• Area #5: Conch Key (Oceanside) Revised
• Area #7: Conch Key — (Gulfside)
The following areas have been removed from the MOA:
• Area #1: West End Bahia Honda Bridge (Oceanside)
• Area #2: West End Toms Harbor Channel Bridge (Oceanside)
• Area #3: West End Toms Harbor Cut (Oceanside)
• Area #4: Between Toms Harbor Cut and Walkers Island (Oceanside)
• Area #5: Conch Key, from Sta. 147+00 to Sta. 153+20 (Oceanside)
• Area #6: Conch Key, from Sta. 151+00 to 152+50 (Gulfside). This area has
been conveyed to Monroe County and is no longer under the Department's
jurisdiction.
• Area #7: Conch Key, from Sta. 154+00 to 159+00 (Gulfside). This area has
been conveyed to Monroe County and is no longer under the Department's
jurisdiction.
• Area #10: Lower Matecumbe Key between Palm Drive and White Marling
Blvd. (Gulfside) This area is a part of Old S.R. 4-A which was transferred to
Islamorada, Village of Islands and is no longer under the Department's
jurisdiction.
As per the County's request in your letter dated November 9, 2010, the following
Areas are also removed from the Agreement:
• Area #8: Teatable Channel Bridge, West End (Gulfside): This area has been
removed upon the County's request.
• Area #9: Teatable Channel Bridge, East End (Oceanside); This area has
been removed upon the County's request.
www. dot. state.fl. us
Ms. Suzanne Hutton, Esq.
January 4, 2011
Page Three
The parties also agreed to the following conditions:
1) In reference to Paragraph 3 of the MOA, the Office of Greenways and Trails
(OGT) of the Department of Environmental Protection agreed to install along the east,
west and north boundaries of Area #5, at its own cost and expense, and with FDOT's
approval, a 5 ft. high, black vinyl -coated chain link fence, with black powder -coated
finish hardware and sixteen (16) 12' x 5' double gates (see invoice attached). However,
in the event that the use of Area #5 should change, OGT shall be informed of this
change in a timely manner and reserves the right to remove and reclaim the fencing
material and hardware for its own use.
2) In reference to Paragraph 4 of the MOA, with the exception of Area #5 which
has already been fenced in accordance with the described boundaries, the COUNTY
agrees to delineate the remaining AREAS along the boundaries as described for each
AREA in Exhibit "A". Areas in use for lobster trap storage must be fenced and the
fencing must meet FDOT design standards. For Areas not currently in use but defined
for lobster storage under this Agreement, any other type of barrier or posting other than
fencing must be approved by FDOT, in writing, prior to installation. All delineation shall
be completed in a timely manner no later than 6 months from the date of this letter.
3) In reference to Paragraph 5 of the MOA, in areas where a segment of the
Florida Keys Overseas Heritage Trail has been constructed and runs parallel and
alongside any of the AREAS, the following will apply: the Florida Administrative Rule
62.S-3.002(13) (c) prohibits the use of motorized vehicles over and across the Florida
Keys Overseas Heritage Trail (the "Trail"). The OGT monitors the use of the Trail to
ensure the public's safety and the preservation of the Trail. Violations of the law that are
observed in connection with the operations associated with the use of the AREAS will
be reported to the Department and continued violations may constitute the grounds to
revoke the use and exclude an AREA under this Agreement.
The above changes to the Memorandum of Agreement are hereby approved by the
Board of County commissioners this day of , 2011, as
evidenced by signature of the mayor below.
ATTEST: DAN NY LO. KOLHAGE, CLERK By:
Deputy Clerk
Mayor
4 x
www.dot.state.fl.us
A +i��� a foie
Ms. Suzanne Hutton, Esq.
January 4, 2011
Page Five
We look forward to a continued working relationship with the County. If you have any
questions or comments please do not hesitate to contact me at (305) 470-5155.
Sincerely,
Man Jnes
Propertygement Agent
Enc.
C: Pedro Mercado, Assistant County Attorney, Monroe County
Christine Limbert, Assistant County Attorney, Monroe County
Vince Reuben, District Property Management Administrator, FDOT
Anthony Knott, Office of Greenways and Trails, FDEP
Townsley Schwab, Planning & Environmental Resources Director
Douglas Gregory, Monroe County Trap Storage Coordinator
Jeff Cramer, Organization of Florida Fishermen, Monroe County
www. dot. state ft us
RECEIVED
OCT 2 0 2010
MONROE COUNTY ATTORNEY
THIS AGtEE26M r made and enteral into this _ �_ - - day of
N\cxA J-\-. . 1988 r by and between the STATE of PIDRMr DEPARMW OF
TRANSPCRTATIONp a caipoz t agency of the State of Florida, hereinafter called
the "DEPARTMENTO and the MoNRoE COU Y acting and through resolution of its
Hoard of County Commissioners, hereinafter referred to as the 400MVY"
wi'tr�ssa�x
, the DEPARTMW and the COUM have determined that the
lobster and stonecrabs industry are of vital econmic importance to the COUNW
and the State of Florida,
and
the DEPARTMENT and the CDMMY agree that lobster and
stonecrab traps are being stoned on Right--of-Jiay that the DEP has
legal right, title and interest.
the DEPARMM and the COUNTY agree that it would be in
the best interest of the general public to enter into a joint ax ment to
deal with the unpe=mitted storage of lobster and stonecrab traps within
the DEP 's aright -of --way,
and.
the DEP and the COUNTY agree that the econofmic
impacts of total trap removal from the DEPARTHMMI right-of-way will be
reduced by providing area(s) suitable for storage of lobster and stonecrab
traps,
and,
the Hoard of County Commissioners has by proper resolution
attached hereto and by reference made a part hereof # authorized its officers
to enter into this agxeement.
1
��
Now. UW= , in consideration of the premises and covenants
contained herein, the parties agree:
1. IN exchange for the DEP ' granting the aXWr dse of
certain area(s) of real propertX as identified hereinafter referred to as the
"AREA", the COMM will assist the DEPARMM in its efforts to enforce
Section 337.406 of the Florida Statutes.
2. The AREAS) listed d dentf f i.ed in Attachment W and made a
subject to prior lease
part hereof/are to be used for the ge of lobster and stonecrab traps and
for no other purpose during the term of this agree[nent .
3, The DEPARTMM will provide the ATM(S) "as is" and the
DEPARTMM shall not be obligated or required to r repair or maintain
the AREA(S) or any part of them in any manner whatsoever. Any and all
improvements made to the AREA(S) by the COUNTY must be apparoved in advance by
the DEPARTMEW in writing. These improvements shall become real y .
and sbrall not be removed by the COUNTY, unless so authorized by the DEP
4. The COUNTY shaLll ensure adequate delineating of the boundary
of the AM(S) described in Attachment W . Methods to ish same must
be approved in writing by the DEP prior to installation.
5. The cOUiM shall also maintain the AM (S) in a clean, safe
and sanitary condition in conformity with local, county and state laws,
and shall permit no unlawful acts or practices to be committed on them.
The AREA W are to be mowed and trash disposed of a minim im of once per
month for the duration of this a t. Traps shall be neatly stacked
in rows and no more than five (5) high. Building of traps is specifically
prohibited, but repairs to traps will be permitted on the premises.
It is specifically prohibited to spray, brush, dip or apply in any manner
any preservative or water proofing materials to said traps within the
AREAW or at any other location within the DEPARMMMMI right-of-way.
2
6. All operations associated with the storage of traps [repair,
etc J will be performed within the designated AREM S ).
7. The COUNTY may manage or may contract the management *of the
AREA(s) with prior written permission from the DEPAMEW. If the AREAS }
are sublet, they shall be sublet in an non-d iminatory manner. All
lobster or stonecrab' �
subleases shall hold a/ fishing license with the lobster
and/or stonecrab number issued by the State of Florida Department of Natural
Resources, It is specifically agreed by the DEPARMW and the COUNTY that
any fees or other charges assessed shall for the managementr operations,
inspection and maintenance of the AREAS) shall not be for the purpose of
making profit.
8. The Oo[MY or its agents shall make no alteration or improve-
ments to the ARE W without first obtaining the written consent of the
9. upon the termination of this agreement, the Wr shall quit
and surrender use of the AREM S) quiet and le in as good order and
condition as the same were at the caannercement here of this agmest�
reasonable wear, tear and damage by the elements excepted.
10. The COUNTY shall indemnify, defend, and hold harmless and
release the DEPART from any and all suits, actions, administrative
proceedings, claims damages, fines, costs, and expenses arising from or
associated with any act, omission, fault or negligent incident to the
exercise of rights granted to the COUNTY or any of its'sublessees under
this Agreement.
11. The COUNTY shall secure and keep in full force and effect
throughout the term of this agreement, or any extension of it, at the
Ooi]NTY's own costs and expenses, comprehensive public liability insurance,
and property damage insurance coverage acceptable to the DEPAMMENT
covering the pmperty and all operations in connection herewith. Proof
of said insurance shall be provided to the DEPARXW W upon execution of
this agreement.
3
19, All terms of this Agreement shall be applied to any ent
subleases. Each party agrees that it shall use its best effort to fulfill its
obligations in a timely manner and each will cooperate with the other in these
activities.
20, The COUNTY agrees to permit the DEP S' auditors to
inspect the books records and accounts related to the management of the
AM(S) and the administration of this agreement. These records shall be
made available to the DEPARTMW for inspection within five (5) working
days upon receipt of a written request from the DEPARIMMe
21. The DEPARTMRU will actively pursue and halt any unla
activities done on the properties subject to this agreement.
5
IN WITNESS RDF, the parties hereto set their hands and official
seals the day and year first abase written
WITNESS: SrA1'E OF FLOtiDA AEPIIRTMENP
TRmaPatTATIm
BY:
ATTFSl'A (SEAL)
r
MOM= aovxrsr, rLC¢Inn
BY ITS BOARD OF a0oNTc
BY: �
r
DANNY L KOLHAGE, Clerk
Ate; ; � .(s�►t,)
AS Y� s' 'a .
�. . i� e M • / M
tv All
1
6
?1TTAn MPVr "A"
Areas shown on right- cf- ov ay map are appraximate . act lacationa to be
determined by field review. Areas can be added if agreed to by Florida
Department of TransIxirtation and Monroe County. Areas can be deleted by
Manroe Co=ty car the Florida Department of Trarmportation,
Area l: ulest Bnd Bahia Handa P.rid a - M.M. 35.0 to 35.2 Eoceansfdey
Frain Sta. 80+00 to 09+00 as shcxin an r map 900030-2510,
sheet 49, approximately 175' x 900'
Area 2: West Ebd. Tans Harbor Channel Bridge - M.M. 60.5 (ooeanside)
Fin Sta.-- 720+00 to 723+00 as shcwn on r ry rap 005 , sheet 8
of 28, appraximtely 40' x 30009
Area 3 : Ubst End Ttm Harbor Cut - M.M. 61.5 ioceansidey
From Sta, 76+00 tv 77+00 as on r w nmp 90050, sheet 9 of
F
28, app=irmtely 50' x 2001,
Area 4 :
Between 7bmd Barber Cut and Makers Island -- M.M. 61. 8
oceans
Frm Sta. 93+00 to 59+0o as shcywn on rho map 90050sheet 10
of 28, a tely 35' x 6001.
•••tea 5:
'
�►VI i �"n.. U. 8 t0 U3. (ih7��w�i:
0 50 met 12
F��a Sty. 1 7+00 to 65+Q0 as on rIw map 9 0 �
1800'
...�.
�' •fir
of 28 , approximately 50' x . . -
..0�,0 al+r wrr i * �Iv+0 • r+ . rVr� " OV%•r Y" la/.� 0%#OR :'iiAw:Y- a7r.� .N%/4/OHM. ..1.. r1� • ,
Area 6:
Conch K - M.M. 62.9 Nulfside)
F7rM Sta . 1+ 0 to 152+ 0 as sip an r/�w map 90450, shot
w
12 of 28* aly 85' x 12510
Area 7:
Cinch KeY - M.M. 62.9 to 63.1 t fsidei
Fran Sta. 1 S +00 to lb +00 as abown,on r%w map 90050, sheet 12
of 28, appz=inately 301 -- 100' wide by 900' long.
Area 8 :
West End Teatable B -- M.M. 79,0 side f
Fin Stao- 31 to 16+00 as 9xim on r map 90060 , sheet 14
'
of 28 , ap n=dmately 40' x 3009.
Area 9:
East End Testable Channel Bridcje r M.M. 79.2 to 79,3
(cc eansi
Sta. 3214.00 to 327+00 as shown on rIw map 90060. sheet 14 of
32, apprvxinetely 60' x 6001,
Area 10:
LcweX Matecumbe W bettorPalm Drive and Mite Marlin
SouZev — M.M. 14,2 to 74 ■ si
5ta. 47+00 to 57+50 as shcwn on r w map 90060, sheets 4 S 5 of
32, appraximately 40' x 1#05014
' � ■ ' • ' '' ' ■.• • ■ Fla ■ . • r . • '
.•Is
■' • . • • 1 ' •ti • ' •• ' ram" �� 1
to
I , ' t•. L
be
+ 9 is lop
a IN
bb
.,•, , , , r
,r t• •, ' •' = i • ' ''IL
f
No
V 1 �
000
1No
, , e • t
4, �{
Ol
po-
41MOW
It 0r, �_"' •. , • •
..
• ..aa
i�� �.�
/ , • •� ■1 •
Not
f , f
• ■� w • `■ ' • ' 41. 1
r blur+ 1 '++♦ - i • ;t,� .:.
VIP
• .�
4■ -� . �� y ! h i to , . MOP
-
. .
dllllmmmmwo� NOW IN,
bb
LE
IN
MOM
40
IN
r do -IN 4bbbbM- • ', . .
••�� 'y •, \�dp
f
Obbbbb1� (V , .
■
•+� _ 1
/ � r' • a r ::' �. �'' ' ■rr F -tom"] F-'Noe
0 ''� a� •
� •1 It •"'r `� mom , • f'"o
w- ` •• /
4.
• �M� '( iiJ.
• , � ti,l. ijw• � 1 1 4& • � � •
046
IN lo
N% air
rim
OF
N/
'•.
a r � • t ; •
... bi
ri
let
.14
ka
04
PIN %L
IN to
% ' +' •
lb
N No
do 9
1 f •. a ■ .
• i +
` yr:/4�• • N► be �,� ��
, a .• i •a • ' •�� • •'1 .•�■ • • _ •• •
w
V
•�. ■ .1r . .r or. �..�.. : r
at a
a• • f ■
64
Srs .S� . •• • • • _ . •1 1 . i ' .
i i 0 No
•�
• jT • P • •v N. . •
\ '1
r
I
•
•
■
zo
• T . •
• � :ter/� •• .� � • ■
' • w
.:� rm
• I�' rn C ;
q '
CL
' � �• {' 1' 1 r Ir . �i
17 •• ,
l ,
to
R ■.
4Flo ► i
T1 �' flip,
a. • �• or" i
.s
K-
■ A�
of 449
10
Ia
Re IL
4
oo
r '
Zky 8
} •
a
P.1.
�..•
7 VV*35 •to
r_w w .w. w�
•~ , •
�.• .� r. om-• •.ram wpoppop
r ,� • �■ - • RJR •
.. _
•
..2i1 • , ..
do jr
IA No
JF
rn
Exhibit A
LEGAL DESCRIPTION
AREA 5
A parcel of land w i th [n the right - of -woy of SR-5 /
Overseas H T ghwoy, lying -in Section t 44, Tawnsh i p 65 South,,
Ronge 34 East* as shown on the Right - of - Way Specific Purpose
Survey for Section 90050, pages 19 and 20, in Monroe County
Florida and being more particular 1 y described as follows;
COMMENCE at the •t ntersect Y on of the West Line of
Section 14 and the Survey Base 1 i ne for State Road 5
Overseas H i"ghway = thence N' 68 ° 34 ,0.59 " E . a d 1 stance of 79.64
feet* thence S 21 0 25 ' 01 E . a d i st once of 50. DO feet t o the
POINT OF BEGINNING of
the following described parce 1 s
Thence N 68 0 34 ' 59 'R E . a distance of 702.98 feet;
thence N 67006 ' 27 "* E r a d.1 stance of 64 7. 24 feet = thence S
21 ° 25 # O 1 " E , a distance of 50. 00 ,feet more or less, to the
intersection with an existing concrete seowo l l i thence
southwesterly along said seawall and the southwesterly
P
ro l ongat i on thereof. a d 1 Atonae of 1050 feet mare -or tees to the intersection with a line that bears S 21 25 O1 E.
from the POINT OF BEGINNING: thence N 21 ° 25 `O l " We. along
lastly sold linel a distance of 50 feet more or less to the
POINT OF BEGINNING-.
Containing 67,537.1 square feet, more or i ess
General Notes:
1 , Re roduot i ons of thI s ilnap. ore not val i d w I thout the
P signature and original ral sed seo l of the Florida Licensed
Surveyor and Mapper In responsible Charge.
2. lands shown wn hereon were not abstracted by th Is of f ice of
r i ghts - of -•way . easements of recordi. ownership. abandonments,
-deed restr i ct i ons. or Mur hy. Act Deeds. This Information
ro
should be obtained through • app pricte verification.
3 The bearings shown hereon ore referenced to the Baseline
Surveyof State Road 51 having a bearing of N 6834 59 E ,
ri n to the R i fight of .Woy Mago as prepared by Metric
Engineering,
according
mp leted June 1. 2 O1•
4. Add # t T ons and / or de l et i ons to the survey mapsq sketches
or reports by any party other thon the signing party* are
prohibited without the written consent of the s i gni ng party.
•'f4 1
AWN
T CHARD- We BUSSELL.-' "•-
ASSISTANT DISTRICT RI&T=OF-WAY
FLORIDA CERTIFICATE Noe 3858
FL-OR.jDA DEPARTMENT OF TRANSPORTAT i 4N
PARCEL SKETCH r NOT A SURVEY
STATE ROAD NO. S
eT DOE �RcrMca- e14
F001 UISTRI T wi
tMAW4 I TARMA 11[2-11740%�
SECTION 90050
SURVEYOR
U NROE COUNTY
SHEE T I OF 4
REVISION
�Y US C11MED MISS�LL ti n TM F , p • No■
os•as E NO t 1►o►1S
3N t 7 HUM
w
r+�
W
LA
Ln
La
V
W
V!
y
Q 0
G
0
(.),--4
u 0 Of
QU
V)
0 L LI
i-- 0
= J
U Q
i-- 0
W W
r�
V I
'I
a- z o Z Z
rom o�
JWO
FC7 I.- I.- La F- to u
mzu404 —
0 4 W .J 4 F-- x
I-MommoW O
WLam ■4t.
W
r
W u �3$►AL
a j
Z W
J %dk
S
0
z
0
0
Ld
.. .w
ci
J
�1
r
C,3
�
0
..`.
J
[i
e/f
Lfl
W N
a
■
V
z
a
0
c.a
zo
1--
a
F
c�
z
Q
....
�.
Ir
N
o
W
a
Z
J
�
a
H
W
LL
J
2
Z
�
a
IL
4
0
IK
a.
V
W
0
L)
Q
4c
1;411�
o
ilk
J
Ls.
=
L)
0
30-
1-
!
'T
W
M
;;0
us
W
W
W 00•d91
kot
p
o
N
Ln
Ln
M:
o
O
H
m
CP
c
O
o
.
U
WLn
4
_
U
W
B 1FCY
F .
An
Z
Q 0 w QDO0
,.f
e
O
a.
i-��
w,
W
C
k
W
Us
Q
kn
In
f /)
V I
..
z
� a
g
m
WW=
p
w'
!
w ,
d
QO
W
s
s
w
0
zz
tA ...
0H1--Wt—
V<04-
O V1
�
W t
'"■
w �y
F�V'1�V1W
�
k
�''�
i
-
� V
WVm •�F'
�Irwaa
• o-
V■
nu'
W
o
w
d
?
J
c3
W
4. J
qk
2 2
i c ,... LO
�WW
Z
p VW'! OX is (UK
T
_ -
a m a� ac a o
''
■"'
cc
J
— —Ir
Ildl
� L)
.� 3N I
3
_
F-
W
i/f
'
o
3
z
W
u
v
fn
r
o
>r-
Lai
O ■
w
LA
Ln
I
LD
R k
N
a
�
0
_
4
o
[�
0
V
u
W
41
z L �
41.w'•�
0 w
16 P,
u
P
�-
o
"
z
LL.
L16
ti
p
Q"° • 1 ■mow
%0 o.
Q W tlf
W
V I
+
--
�
V
i
0
a
OL
0 4 W 4 W
1-aruAMa. in
F-
V
..
qb
W
CW�W�C7t-
1acLAaalA
WLn
o ,...�
.—.
OR
3. o
a
= y J irk,
a V
W
O V'1 W
W
Ir
~ �+
AL
J
W
a
LEGAL DESCRIPTION
AREA 7
A parcel of land lying w 1 th i n the r 1 ght - of - way of SR-5
Overseas Highway* in Section 14, Township 65 South, Range
34 East, os shown on the Right - of - Way Specific Pur Vonroe
se
Survey for Section 90050, page 2O of 56, Iying in
County, Florida, and being more particularly described as
follows;
COMMENCE at the intersection of the west Line of
Section 14 and the Survey Baseline for sold State Rood 5
Overseas Highway; thence N 6$034 ' 59 " E. along said Baseline
a distance of 579e 64 feet; thence N 21 025 `01 " W a distance
of 61.87 feet to the POINT OF BEGINNING of the following
described parcel;
Thence continue N 21025001" W a distance of 30.00
feet; thence N 660 30' 03 " E a distance of 400 a 00 feet; thence
S 21 °O5 " 01 " E a distance of 30.00 feet; thence S 660 3O' 03 " W
a distance of 400. 00 feet to the POINT OF BEGINNING.
Containing 1 2 , 000 * 0 square feet, more or less.
General Notes:
1. Reproductions of this mop are not valid without the
signature and original raised seal of the Florida Licensed
Surveyor and Mapper in responsible charge.
2 . Lands shown hereon were not abstracted by this office of
ri ghts-of -woy, easements of record, ownership., abandonments,
deed restrictions, or Mur by Act deeds. This information
should be obtained throug oppropriote verification.
3. The bearings shown hereon are referenced to the Baseline
Survey of State Road 5, having a beer i ng of N 68 ° 34 ' 59 " Et
according to the Right of Way Map for Section 90050, as
prepared by Metric Engineering, completed June, 20010
4. Additions and / or deletions to the survey mops, sKetches
or reports by any party other than the signing party are
prohibited without the written consent of the signing party.
5. This document consists of two sheets and shall not be
considered full, valid and complete unless each sheet Is
attached to the other.
IL
Ilfig P)J44d I I.ohn
chard W. Busse I P.'S M,
Ass i stont D 1 str i ct R T-Cht - of Way Surveyor
Florida Certificate -Noy 3,858
FLORIDA DEPARThENT OF TRANSPORTATION
LEGAL DESCRIPTION
STATE ROAD MOP MONROE COUNTY
BY DATE PREPARED BY# DATA SOURCES
DRAWN TOIN A 12 !30 M9 FOOT DISTRICT VI
REVISION BY DATE CHECKED BOSSED. 12130/09 F' P e NO, SECTION 90050 SHEET + OF 2
za zz
= 00 0--
$ALAA
C7i't-WH V'1
�taat�a--
p W...I44H x
aaWUca04 H
30Ld 4dH %A
$-MOM 0x
W
0
u
W
0
z
J�H�W
O � La�i��
W m .j m a z
0
W
-J
m
30-
!V
v
o-
�
y,
in0
/Os
o
in
0
=
e
Q
0
W
a0+
AET
m
z
0
:v
o
r *fin
V
W
6
N
v
y
u
M
a
F
.A
z
/r r-I
d 0
a
1
'
0
O
rn�
•
s
A
+
L ■
}
t �
} r
.19.19
`
#�* M 10.
SZ.1
Z N
ci►
49 �.
k r's
Or"
(P
F.
J�� 7
! 7
.l
OL
j
%
.�
E 0
IL U. LZ
On o
o m �
� g �
W
W
F
V
W
H
r
v
Z
a
a
C U
IL VI
Z Q LLJ
� � J
o '�
I" Z J
a a
(L a
v
Uo
W
U W
p < T
U
oz4
U
� C:)
�Q
AGENDA ITEM BACK-UP
FOR
INFORMATION ONLY
NOT PART OF THE DOCUMENT WHICH IS THE SUBJECT OF THE REQUESTED
ACTION
pit ve
r , �
1
t
County Administrator
RESOLUTION NO. 135 -1988
A RESOLUTION OF THE BOARD OF COUNTY COMMIS•-
SIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZ-
' I NG THE EXECUTION OF A MEMORANDUM OF AGREE-
MENT BY AND BETWEEN MONROE COUNTY AND THE
FLORIDA DEPARnIENT OF TRANSPORTATION CONCERN
ING THE STORAGE OF LOBSTER, AND CRAB TRAPS ON
THE FDOT RIGHT-OF-WAY,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, ds follows:
The Mayor/Chairman of the Board of County Cog issioners of
Monroe County, Florida is hereby authorized to execute an Agree-
ment by and between Monroe County, Florida, and the Florida
Department of Transportation, a copy of which is attached hereto,
concerning the storage of lobster and crab traps on the Depart-
ment of Transportation's right-of-way in Monroe County, Florida.
PASSED AND ADOPTED by the Board of County Commiseioners of
Monroe County, Florida, at a regular meeting of said Board held
9
on the ;1 t day of %\Nck. k t C A D
•, 19889
(SEAL)
A t t e s t: DANNY I. 101JiAGE. Clerk
er
BL/ j
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
B �c � O✓
Y
ayor a rman
ASl"r.fi1fr#�AFv117 %414.0jl
1V P•.I.F. vvS.1,7
.•'.
THIS AGWMWr made and entered into this day of
w
l _ 1988, by and between the STATE of F=nk, DwAmmm of
TRANSPORTATION, a component agency of the State of Plorida, hereinafter called
the "DEPARTMENT" and the MONHCE COUNTY acting and through redblution of Its
Board Of County Comissioners, hereinafter referred to as the "COMY0 ,
WITNESSM
WHEREAS. the DEPARTMENT and the COUNTY have determined that the
lobster and ston:crabs industry are of vital economic importance to the COUmN
and the .State of Florida,
and
WHER..PEAS, the DEPARTMENT and the COUNTY agree that lobster and
stnncrab traps are being stored on Might -of -Way that the DEP has
legal right, title and inte�est.
WHEREAS, the DEPARTMENT and the COMM agree that it would be in
the best interest of the general public to enter into a joint agreement to
deal with the unpermitted storage of lobster and stonecreb traps within
the DEPARTMENr's right -of --way,
and, .
WHEREAS, the DEPARTMENT and the ODUWr agree that the economic
impacts of total trap removal from the BEP ' right-of-way will be
reduced by providing area(s) suitable for storage of lobster and atoneerab
traps,
and,
WHEREAS. the Board of County Commissioners has by proper resolution
attached hereto and by reference made a part hereof, authorized its officers
to enter into this agreement.
l
NOW,r ?IMREFME r in consideration of the '
premixes and covenants
contained hereinp the parties agree:
l •i IN exchange for the MPARTHEMI granting the CMWy use of
certain area(s) of real property as identified hereinafter referred to as the
"AREA" . the CDMy will assi a t the DEPARTMENT jr, its efforts to ' enforce
Section 337,406 of the Florida Statutes,
2. The AREA(s) listed and entified In Attachment 'A' and made a
Areubjec�to eR Separt hereof to uArei�o?or e s +orage of lobster and st traps and
om*
reem
for no other purpose during the term.of this agent.
3 • T11 a DEpARTMERr will provide the AREA (S) was is" and the
DEPAMEW shall not be obligated or required to improver repair or maintain
the AREA(S) or any part of them in any manner whatsoever. My and all
improvements made to the AREAS) by the COUMY must be approved in advance
by
the DEPAR'i'MENT in writing, These improvements shall become 1
Y
and shall not be removed by the C1OLWrj unless so authorized by the DEEP
4. A The COUNry shall ensure adequate delineating of the boundary
Of the AREAS) described in Attachment 'A'. Methods to a=uWlish Bade t
mus
be approved in whiting by the DEPARTHM prior to installation.
5 • The COUNTY shall also maintain the ARU (S) its a cl can p safe
and sanitary condition in confoMity with local, county and state laws
and shall Permit; no unlawful acts or practices to be committed on them,
The ARF-A(S) are to be mowed and trash disposed of a minimum of once
Per
month for the duration of this agreement. Traps shall be neatly stacked
in rows. and no more than five (5) high, Building of traps is specifically
Y
prohibitedp but repairs to traps will be permitted on the premises.
It is spc,c; i f ically prohibited to spray, brush, dip or apply In any manner
any preservative or water proofing.materials to said traps within the
AREA(S) or at any other location within the DEPARTMEMI , ri ht-of-wa
g y
2
6e All operations associated with the storage of traps (repair,
etc.) will be performed within the designated AREA(S).
7.1 The COUN Y may manage or may contract the management of the
AREA M with S prior written permission from the DEPARZM'. If the ARFAtj
are sublet, they shall be sublet in an non--d iminatory manner, All
sublessee shall hold a/ stcr °r stop c a
MV
JMV*
Pishinglicens e with the lobster
and/or stonecrab number issued by the State of Florida DqNwtmnt of Natural
Resources. It is specifically agreed . by the DEPARTK= and the Mon
that
any fees or other charges assessed shall for the mares getaent ip operations,,
inspection and maintenance of the AREA ( S ) shall not be for the
purpose of
making profit.
Be The COUNTY or i to agents shall make nn alteration or -- imprQve
rants to the AREA(s) without first obtaining the written consent of the
DEPARTMiT. '
9. Upon the termination of this agreement, the ODtA+rry shall quit
and surrehder use of the ARE(S) quiet and peaceable in as good order and
nd
condition as the .name were at the commencnent }sere of this agreement,
reasonable wear, tear and damage by the elements excepted.
10. The COUNTY shall indemnify, defend, and hold harmlew and
release the DEPARTMW from any and all su,itsp actioWr addnistrative
proceedings, claims damages, fines, coostsv and expenses ariging from or
associated with any acto ornission, fault or negligent incident to the
exercise of rights granted to the COUNTY or any of its'subless
_ ees under
this Agreement. •
Ile The COUNTY shall secure and keep in full force and effect
throughout the term of this agreement, or any extension of itr at the
L�Dt]NI'Y's own costs and expense, comprehensive public liability insurance,
and Property damage insurance coverage acceptable to the DEP
covering the property and all operations in connection herewith
, Proof
of said insurance shall be provided to the DEPAmMW upon execution of
this agreement,
f
3
I
12. The DEPARTMEW and all its designated representatives including.
but not limited to, utility company workers shall be allowed free access to
the premises.
13 . UNLFM an emergency situation should arise that wfluld require
immediate cancellation of agreement by the DEPARTMEwr the D agrees
to provide 120 days notification of cancellation of this a . grepkent should the
public convenience require same. If the„COWNTY fails to vacate and surrender
the AREA(s)t the DEPARTm= shall have the right to petition the court for a
Writ of Assistance without notice to the lessee or its sublessee. in such ca,sep
the COUNTY will quit and surrender the AREA(S) innediately in as good a
condition as reasonable use and wear and tear will
permit.
14. THE DEPARTMENT shall have the right to advertise for bids for
demolition and removal of improvements prior to Oa1NTy s s Vacating the AM(S )
and COUNTY shall allow access for inspection, '
15. ,No animals shall be kept on the AREA(s)s without the express
permission of the DEPARTMENT,'
15. The COUNTY agrees to pr ptly pay for water and sewerl garbage,
gasp electricity, where appropriates applicable and necessary.
17. The COUNTY will pay all costs and reasonable attorneys fees
incurred by the AEPARTMM in the enforcement of any provision of this
Agreement, including,, but not limited to. COUNW6 failure to vacate and
surrender the described ARF.A(s) at the date required by this Agreement,
He COUNTY agrees that failure of the [ MMIa to comply with ahy
terms and conditions of this Agreement shall constitute a breach of;this
Agreement,
4
AITA004L r "A"
Mons sirwn cm right-of-wmy map are appr+vximate. Emct locations to be
detcrrnint.-A k.01, field review. Areas Gran be added if age to by Florida
iti:prix bi nt of Transpox•tation and Monroe County, r - - be deleted b)►
vomrm County or t1w Florida Dgmrtfrcnt of Transportation.
Arvin 1: SIOP-St f�Mia i� Pri -- M.Me 35.0 to 35.2 tcxaeanside�
Mtn 5ta. 0+00 to-- as sham on r w map 0 0- 510,
rivet 49, aPPITMinutety 1751 x 900'
rre�: 1.70-gt rhd Tarns Harbor Channel Bri a -- M.M. 60.5 (oceanside)
Fran Sta. 20+ to 23+00 as sbown on r W tra 90050, t 8
of 28, approxi matoly 40 ! x . 3001.
Area 2 s Ubst Did 'Mm Harbor Cut - M,M. 61.5 toreansidef
Fran Sta. f• 0 to 7+00 a-s- shcm an r/w map 90650, sheet 9 of
28, appr►oxim-itely 50' x 200' .
Yxea 4 : Deemen 7brad -f4zrbor Cut and MIkers Island - M.M. 61.8
oceans e
FrrAn Sta. 93+00 to 99+00 as shown on r/ki rep 90050, sheet 10
of 28, approxivotc:ly 35' x 6009.
Areal 5: Conch Key -- MJIm 62.8 to 63.1 (cceansfde)
From Sta, 7+00 to 165+00 as shown on r w map 90050, simt 12
of 28, approximately 50' x 18001,
Area 6: Conch Ke M.14. 62.9 lfsi _�•. _wA .�J.• : • _
.ti ,..-iVm Sta, 1+00 to 2+ U-°as 8ho.:on+:"r�tra�7�
pprly90050�.- BhEt
12 of 28, a in�ate�,BS' ,_x �1.�, .,�� • .
area 7: Conch K - M.N. 62.9 to 63.1 (lfaide)
r'rcn Sta. 54+00 to 63+00 as 'On r/w map 90050e sheet 12
of 28, appromximately 309 - .100' wide by 900, lom.
1ma 8 i West Dul Teatable V3am*1 Bri - M.M• 79.0 lfaidej .
Firm Star. 13+00 t6_31 as shmm on r map 90060t--Mvet 14
of 28, appit wAm3tely 401 x 3001,
►rca 9:,.,-.East End Teatable. Channel Bri*M -- M.M. 79. 2 to 7993
xeansi .
Sta 321+00 to 327+00 as shown on r/w map 90060i sheet 14 of
32■ approximately 60' x 600' .
urea l0. TA w+er Matmm e K betm-men Palm Drive and Mite Marlin
Dm rmar -- M.M. 74,2 to 7494 rnt side
Sta. 47+00 to 574-50 as shown cn r/w snap 90060, sheet■ 4 9 5 of
32, approximately 40' x 1,0501.'
.�.
r
ram.4
�_ Anc
� � ..
ed
711,eF 0 0 vlev
er
II/ II/ IIr '0!5 eev'tp � �y
F.I
A.
IN WITNESS V41EREOF, the parties hereto set their hands and official
seals the day and year first above written
y
Ve
1
WITNESS: STATE 4F FLMIQA DEPARTHW OF
TRAMFCMTION
Y
BY;
ATZFM: ISEAI�y
MONROE
FLORIDA
By BOARD O rr 188� $loop,
( BY: va, .
74
D,ANNY I16 KCL LAGA Clerk
s•
ATTEST: �► �►�it�. {SF.ALy
..�
i
4 i1110�
w
RCHMERr "A"
Areas show an right-of-vay map are appra Kimte. Ebact locations too be
determined by field review. Areas can be added if agreed to by Florida
Department of rtation and M w3e sty. Areas can be deleted by
Maanroe �-y or the Florida of tioRn,
Area 1: West Find Bahia Hor0a Aridge - M.M. 35.0 to 35.2(oaeanside)
From Sta, 8 to 8 as shown on r map 900030-2510�
sheet 490, a 1751 x 900'
Area 2 : Wit FM Toms Harbor Chnel. El -- Ifl-.M. 6005 ooeansidef
Fret ta. as an r/w map 50, Wiset 8
of 280 tely 40' x 3009.
Area 3: feet Did Tns Harbor Cut - M.M. 61 a 5 (oaeanside)
to .aH sbawn oan r map 90 50, sheet 9 of
28, apprmirmtely 50' x 2001,
Area 4: Between Tam Harbor Chit and VMJJwxs Islam -- M.M. 61.8
Frm Sta, 3+00 to 99+00 as sbmm on r/w map 90050. sheet 10
of 28, appr Kimately 35' x 6001.
Area 5: ConCh -- M.M. 62.8 to 63.1 eanside
Pzxmi Sta. I+ to as shmn on r w map 90050, sheet 22
of 28, appral; uately 50F x 18009.
Area 5 : Conch K - M. H, 62.9 fside
Ftaa S 0 to 152+50 as shown an r/w map 90050, sheet
12 of 28, ly 85' x 1251.
Area 7 : Ctmch M.M. 62, 9 to 63,1 lfafdey
ta. to 163+60 as sbownton r/w map 90050 ■ shut 12
of 28, tely 301 - 1001 wide by 900' long.
Area R : finest End l eatable Channel Bri -- &N 9 79.0 fside j
F rm Sta. 0 to 0 as on rN map 900667t 14
of 28 ,, appstatimately 400 x 300' .
Area 9: East End datable Channel Eri -- M.M. 79.2 to 79.3
mans
to . 21+00 to 327+00 as shown: on r/w map 90060 ■ sheet 14 of
32, appr K rately 601 x GOOF .
Area 1o: Law+er matwumbe M between Palm Drive and Uhite- Marlin
Boulemard -- M.M. 74.2 to 74.4
Sta. 47+00 to 7+50 as sham on r nap 90060, cats 4 & 5 of
32, approxinately 40' x 1, 050' .
., �. o� : , s4�.. '
• {
•
I _
-617 1 a f •a '
002
•
, • „+
i
• +
! • - '
'. � r;fir � �•',
Ira
co• {
,
I
pu
,
r •6
cr
919+
�--�
' �'•
'di S
•
'.
xtc
•
•
1 • •
w
A •
•
•
4 "• r�r
sk
r *:
•
• � �+y / {• it � • • , •�
rim
LWFAI
SO
t
i � OSO
'
•
0
.eoQQ0 4-r • � '' r �
••ti
L9
1
.As
so
qk
� ■ i
s � 3
r
f
• 1
1
j
I
. f
wJ
- 1
p ,
1
Wit+
t�
+
16
/y•i1 •♦# , LLB . r •. `?.,7 . r•
�.\ •■�� �•. �, •+.• 1" •/ ' . .1•i r L ' !% it r• !� R • ■■ ���M/\ f a
7 1 :� f • ,7 �1 : •�L rr a '� .. :, ,�_ ., ~ # r• ' .• , r•■..j.V� t•�i�j•• • i.�
rd• \' • •i + •�'+
j ��• f 1' _, , 7r+ �".. .. • f ! �• `f gti-•ra'.I a•/ q+p� 1+, irl ; '� •; ,.. : �'
-y , • t •. t� •: ri't��'; Fi 1.• �� 1 *7r r/•■w..�•.. 1 �� , �' •�j. ,+, • r; • , e r,,
•b�� • S/' • �r. 11 r +1 •� •�� •rF=� 11r •w:• j•1 �'My •�`••h.°• ,�/' ■ .'
•�li'i • t w f •b;' AJ t `i ti 1 ► •� s ��4 { /�. jit N4
Ira
• yy■ • •• ~•r•�■ �, `O i• •
•L• •vrf1Y`-'�! . j F / r ■-, �~ 1��•�. r�•� T. `11 ':. ',�."•'f• r �* ; j dl• •' ' 1 •e * • �,
Mo
., i �•�a�.• ••1 A��ri�w. •i•►i 10
1■.■•�*i�r/ �. •• R'�.'ffi %M��' ii •� ; �•. '�,•'�1� j�1 ��.�i r'' 1 •■
`� •y '� �. ! w44 l `i +• s ! ° •+►' ♦� •� .■ .. •. ear Ft. r, ° r r
r .\. y}i~145�', Mf■ �H!t. !•IS■' d �'° 1:�► 1 �' �•1?• `~ • ■ {• • +1 '■' ,M
Alto ra.�. .. ' r 's, e...s :.!'��Irr'",.�• �-.... i' "��ire. S. 'i �w�ti....�`�!
t
■
44
at
r
r
, 1
i r • �
CO
'.M
1
Plod
do
Ir
,. /
to W
t
•
\(JD
'
r
t
w
1
•
•' •.e
�}
,
{
r
•
`/
!
t3
�r
W
a
w
cq
.
CD
I
•
Cy 1
1
LD
N
' *
o i
y
40
.
�
f
i
1
qL
1
,, ,
do
A
• r�
•
.
R
s
.,•
1
Fm duff
Ik OFF
• r
err t • •' ~
,•, ��
•
1 j
•!
• �
±
M
fir.•, , • i s
40
40,
•
; `,
Idop
pf
S
r
•
400
�� •ems
•�-.
a , r• ,
4� tip f� .
/0 20
ps
'
4
cil
•
O
' 6
Ai F
'e p. .
i
t
19
N
• '•
Q0
' . oo+zz� •ti�.s
ao�iz�'dls •�sz
j,
�9 + ILI
Rom-
2
L!j 'r
• z • �1 9
WPMcr-
• tn
• b • 8 �a m
. • • 7� ` �qn Dal. � �, '
► • r No
.OF..1
4
or
So 6
kit. 4
'ti. '' ■' I f '' ,e� �. ►.� 1�'� 1st' ■ , _ �' , .tz• I` •
N
• '•
Q0
' . oo+zz� •ti�.s
ao�iz�'dls •�sz
j,
�9 + ILI
Rom-
2
L!j 'r
• z • �1 9
WPMcr-
• tn
• b • 8 �a m
. • • 7� ` �qn Dal. � �, '
► • r No
.OF..1
4
or
So 6
kit. 4
'ti. '' ■' I f '' ,e� �. ►.� 1�'� 1st' ■ , _ �' , .tz• I` •
tool log �'•
,=
■ r
dood
'Tpop ` , -
r
MOP
1 -3� por
dpp 9 r'
db
099*0
OPENS� 1
# . r
.._I -AID
t
0.00
' � � � � 1 ■��f1wo � �oD1 ='C
w odo
m �. fa t
•t_
o.
.J 1 Am
Good
do
in tO_ i 1
a +� _ = • —�
7 --.- . --
'��« - mOD
l
1 ❑ r
.i/ - .,,_ w
V r
� k
y
~ i r I
r�+ 1
1
� � ram!'•'- .
r • a' 1
JJ . ._
i � �� t . �w.r•..-r •.war '•
IL
r �
` i -
CY do
■ � • -
FWd
r
dd
rpm
A� �
- •� r
1
• ;` , 011 .
$r .� M
oo
cc
'' • 9'19 .
• #; ,oil
02
a� ' • • a `
r ■ - ; �� ..
• •
1 -
d
mom
dims
a ISO
0 in
UJ
UDr
09
01
CIS � ,� �� •,
• LV
L�w• ' • a r .S ''• ■
.,•� to
+ N sooz
311HM
Ej NI-18VViN �� � ��EtOi N
' t
,n SS ,51t
� • � v � �
4.>
Q •rg •+ `' ;;�
amps co
ic) vq
c�
' D
• ri ■• R� • .''
r • -•
• �r
OF
ooda
• , f
• �'
1
1
t3
fat 4,
M � r H • •.
1 ='`
- ,• ' r • • f • • l • _• Now
• f4p1 •
�, a !K •.
�i •r000
• '
to
LU
cn uj
off r
Its
•ti o • M • • ' • - • '
oo
r • �
log
alp
• , . 1