Resolution 358-2017RESOLUTION NO. 358 -2017
A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS RECOGNIZING THE PRIOR TRANSFER OF TITLE
AND OWNERSHIP OF THE 33 P-D STREET FIRE STATION SITE
BUILDING ONLY SITUATED ON PARCEL "A ", PARCEL I.D. NO.
1012310, AT NO COST, AND RETAINING OWNERSHIP OF THE
UNDERLYING REAL PROPERTY LANDS IN MONROE COUNTY;
AUTHORIZING THE COUNTY ADMINISTRATOR AND COUNTY
ATTORNEY TO FINALIZE THE TERMS AND CONDITIONS OF THE
TRANSFER AND OBTAIN EXECUTION BY APPROPRIATE PARTY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Monroe County, Florida, a political
subdivision of the State of Florida, (hereinafter `BOCC "), was at one point the owner of certain
property commonly identified as Parcel A, Building 6, Fire Station/Storage/Public Works Site,
Parcel I.D. No. 102310, located in Section 9, Township 66, Range 32, Key Vacca Plat, Lot 1,
33 Street, a/k/a 3299 Overseas Highway, Marathon, Florida 33050 (hereinafter "Fire Station
Site "); and
WHEREAS, the City of Marathon, a municipal corporation of the State of Florida,
(hereinafter "City "), was incorporated on November 30, 1999, pursuant to Chapter 99 -427,
Florida Statutes, and became operational on February 24, 2000; and
WHEREAS, the County and City entered into a Memorandum of Understanding dated
May 16, 2001, in which certain impact fees, infrastructure and properties, which were then held
or owned by the County, would be transferred to the City, and the continued use of the County's
transfer station for waste haul -out purposes; and
WHEREAS, prior and subsequent to execution of the Memorandum of Understanding,
the BOCC on various dates granted approval and authorized execution of Quitclaim Deeds from
the County to the City of Marathon transferring ownership of, and responsibility for the
following: 1) County roads, bike paths and bridges located within the City of Marathon, 2) 33
Street boat ramp and restroom, 3) Aviation Boulevard boat ramp, 4) Marathon Yacht Club
property, 5) Jaycees Building, 6) Teen Center, 7) County owned parks and beaches located
within the City of Marathon known as Waloriss Park, Jesse Hobbs Park, and Sombrero Beach
Park, 8) Marathon Community Park — Phase I, 9) Coco Plum Beach, 10) Boot Key Marina and
the County -owned portion of Boot Key Harbor, and 11) Marathon Community Park — Phase 11;
and
WHEREAS, the City has utilized the Fire Station Site Building located on 33r Street,
first as a Fire Station and subsequently as a public works facility, since the early days of its
existence; and
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WHEREAS, documentation of the formal transfer of the building, but not the underlying
real property, cannot be located after diligent search; and
WHEREAS, the City has requested that the County formally acknowledge the transfer of
ownership of the Fire Station Building; and
WHEREAS, the County desires to formally transfer title, ownership, use, and the
responsibility for the Fire Station Site Building only at no cost to the City, while retaining title
and ownership of the underlying real property in the name of the County; and
WHEREAS, F.S., 125.38 permits the County to dispose of real and/or personal property
at no cost to another governmental entity such as the City of Marathon if the BOCC is satisfied
that the subject property is required for the City's intended use and is not needed for County
purposes;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The recitations set forth above are hereby incorporated by
reference herein.
Section 2. The Board finds that the Fire Station Building is needed by the City of Marathon
for the aforementioned purposes and is not needed for any County purposes;
Section 3. The Board approves the transfer of the Fire Station Site Building, excluding the
real property, together with all furniture, fixtures, equipment and improvements thereon
belonging to the County, to the City of Marathon, at no cost, subject to the prior review and
approval of said transaction by the County Administrator and County Attorney. Such review
shall include due diligence to determine any potential liabilities prior to the transfer of title,
ownership and control of the Fire Station Site Building only.
Section 3. The County Administrator and County Attorney are authorized to prepare, review,
have executed by the appropriate officials and record all necessary legal instruments to transfer
title, ownership and control of the Fire Station Site Building only and any contents or
improvements as noted herein, which is located on 33` Street, a/k/a 3299 Overseas Highway, in
the City of Marathon.
Section 4. The County agrees to transfer all of its right, title and interest in the 33` Street
Fire Station Site Building, and the City agrees to accept said described property in its "as is"
condition, subject to all existing leases and /or management agreements presently encumbering
the property, if any.
Section 5. The County Administrator and County Attorney are authorized to expend
budgeted funds as necessary to complete any due diligence and the transactions contemplated
herein regarding this Property.
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Section 6. Effective Date. This Resolution shall become effective retroactive to May
16, 2001.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 13th day of December, 2017.
Mayor David Rice
Mayor Pro Tern Sylvia Murphy
Commissioner Heather Carruthers
'ommissioner Danny L. Kolhage
:ommissioner George Neugent
MADOK, Clerk
By: \7
Deputy Clerk
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY: 4?�
Mayor Chairman
MO OE COUNTY ATTORNEY'S OFFICE
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PATRICIA EABLES
ASSISTANT COUNTY ATTORNEY
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