Item S6County of Monroe ! BOARD OF COUNTY COMMISSIONERS
Mayor David Rice, District 4
Florida Key's' _ May
e or Pro Tern Sylvia J. Murphy, District 5
,= Danny L. Kolhage, District 1 -
- George. Neugent, District 2
Heather Carruthers, District 3
Coumy Commission Meeting
December 13, 2017.
Agenda Item Summary #3702
ADD ON DAY OF MEETING -. WILL BE S -6
BULK ITEM: Yes DEPARTMENT: Project Management / Facilities
TIME APPROXIMATE: STAFF CONTACT: Patricia Eables (305).292-3477
N/A
AGENDA ITEM WORDING: : Approval of a resolution authorizing the_ transfer of title: and
ownership to the City of Marathon at no cost of the 33rd Street::Fire Station Site Building only in
Marathon and authorizing the County Administrator and County: Attorney to fmalize:the terms and .
conditions of the transfer.
ITEM BACKGROUND: In 2001, the County entered into a Memorandum of Understanding
( "MOU ") with the City of Marathon in which certain County Held assets such as impact fees,
infrastructure, and properties, were transferred to the City of Marathon. Prior and subsequent to
entering into the MOU, :the County also granted approval and authorized execution of numerous
Quitclaim Deeds to the City of Marathon to transfer these properties, bike paths, roads, boat ramps,
parks and beaches, etc. starting in 2000 and thereafter.
Staff cannot locate any- documentation formally transferring ownership of the 33r Street Fire Station. . .
building to the City of Marathon even - though the City has consistently used. it .since the early days .of
the City's history. Due to damagesustained to the Fire Station building d4ring Hurricane Irma,'the
City of Marathon must provide proof of ownership or possession::of.the building in order to seek its
: insurance proceeds for the damage. This proposed resolution would only transfer_ possession and
ownership of the Fire Station Site building retroactive. to May of 2001, which is the date . of .the
MOU. Under .the resolution, the County would - retain title and ownership to. the underlying real
property. Since the City has; been using: the property for at least 15 years for its municipal purposes, .
the proposed transfer of the building, siriiply provides formality to the de facto transfer'.
Under,F.S: 125.38, counties are authorized to dispose of : property (real and/or personal) to other
governmental entities at :no . cost if the : County Commission is satisfied that the subject: property is
required for such use by the other governmental entity and is not needed for, county purposes.. The
transfer meets this requirement.
PREVIOUS RELEVANT BOCC ACTION:
Sept. 4, 1954 Monroe.County accepted ownership by conveyance in a Warranty Deed from the
Overseas Road & Toll Bridge District of the State of Florida to' Monroe County
conveying certain lands, bridges, roads and parks in Monroe County.
June 19, 1963 Monroe County accepted ownership by conveyance in a Quitclaim Deed from the
State of Florida through its State Road Dept. of Florida to Monroe County of a
parcel of land in Govt. Lot 1, Section 9, Township 66 South, Range 32 East and
Govt. Lot 3, Section 10, Township 66 South, Range 32 East in Marathon.
Sept. 20, 1982 Monroe County entered into a Lease as the Lessor with the Marathon Chamber of
Commerce of certain properties on Vacca Key, which said Lease was intended to
replace and be a substitute for the Lease dated November 24, 1948 between the
Overseas Road & Toll Bridge District as Lessor, and the Marathon Chamber of
Commerce, as Lessee, which thereby cancelled the 1948 Lease. (Note — County
became successor to the Overseas Road & Toll Bridge District by virtue of the
September 4, 1954 Deed conveying certain lands, bridges, roads and parks to the
County.)
Oct. 16, 1996 BOCC, the School Board of Monroe County, and the Greater Marathon Chamber
of Commerce entered into an Agreement for the Assignment and Transfer of
Various Leaseholds, Fixtures, and Conveyance of Real Property to enable the
School Board to make improvements to the Stanley Switlik Elementary School
located in Marathon.
Oct. 16, 1996 Mayor Shirley Freeman on behalf of the BOCC executed a Statutory Quitclaim
Deed conveying Parcels D, E, and F in Govt. Lot 1, Section 9, Township 66
South, Range 32 East, and a portion of Govt. Lot 3, Section 10, Township 66
South, Range 32 East, a/k/a 3300 Overseas Hwy, Marathon, Florida, from the
County to the School Board of Monroe County.
Sept. 20, 2000 Mayor Shirley Freeman on behalf of the BOCC executed a Quitclaim Deed
conveying the Marathon Teen Center from the County to the City of Marathon.
Sept. 20, 2000 Mayor Shirley Freeman on behalf of the BOCC executed a Quitclaim Deed
conveying the 33` Street boat ramp and restrooms from the County to the City of
Marathon.
Sept. 20, 2000 Mayor Shirley Freeman on behalf of the BOCC executed a Quitclaim Deed
conveying the Jaycees Building from the County to the City of Marathon.
Sept. 20, 2000 Mayor Shirley Freeman on behalf of the BOCC executed a Quitclaim Deed
conveying all roads currently lying in the City of Marathon from the County to
the new City of Marathon.
Sept. 20, 2000 Mayor Shirley Freeman on behalf of the BOCC executed a Quitclaim Deed
conveying the Marathon Yacht Club from the County to the City of Marathon.
Sept. 20, 2000 Mayor Shirley Freeman on behalf of the BOCC executed a Quitclaim Deed
conveying the Waloriss Park to the City of Marathon.
Sept. 20, 2000 Mayor Shirley Freeman on behalf of the BOCC executed a Quitclaim Deed
conveying the Jesse Hobbs Park to the City of Marathon.
Sept. 20, 2000 Mayor Shirley Freeman on behalf of the BOCC executed a Quitclaim Deed
conveying all bridges currently lying in the City of Marathon from the County to
the new City of Marathon.
Sept. 20, 2000 Mayor Shirley Freeman on behalf of the BOCC executed a Quitclaim Deed
conveying all bike paths currently lying in the City of Marathon from the County
to the new City of Marathon.
Sept. 21, 2000 BOCC granted approval and authorized execution of certain Quitclaim Deeds
transferring ownership of various properties from the County to the City of
Marathon.
Sept. 21, 2000 Mayor Shirley Freeman on behalf of the BOCC executed a Quitclaim Deed
conveying the Marathon Community Park from the County to the City of
Marathon.
Sept. 21, 2000
Mayor George Neugent on behalf of the BOCC executed a Quitclaim Deed
conveying Lots 33 through 40, plus the Westerly % of Lot 41, of the Coco Plum
Beach Subdivision from the County to the City of Marathon.
Sept. 21, 2000
Mayor George Neugent on behalf of the BOCC executed a Quitclaim Deed
conveying the bay bottoms and any submerged land immediately adjacent or
contiguous to or in any way associated with Lots 50 through 56, in Block 21 of
Coco Plum Beach from the County to the City of Marathon.
Sept. 21, 2000
Mayor George Neugent on behalf of the BOCC executed a Quitclaim Deed
conveying Lots 23 through 32, in Block 21, of Coco Plum Beach from the County
to the City of Marathon.
Sept. 21, 2000
Mayor George Neugent on behalf of the BOCC executed a Quitclaim Deed
conveying Lots 50 through 56, in Block 21 of Coco Plum Beach from the County
to the City of Marathon.
May 16, 2001
BOCC entered into Memorandum of Understanding with City of Marathon in
which impact fees, infrastructure and properties 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.
June 20, 2001
County entered into a Road Transfer Agreement with the City of Marathon for the
transfer of the underlying title and responsibility for the planning, design,
construction, improvement and maintenance for the road segments from the
County to the City of Marathon.
August 15, 2001 BOCC granted approval and authorized execution of three Quitclaim Deeds
transferring Boot Key Marina, County owned portion of Boot Key Harbor and the
Marathon Community Park, Phase II.
August 15, 2001 Mayor George Neugent on behalf of the BOCC executed a Quitclaim Deed
conveying the Marathon Community Park, Phase II, from the County to the City
of Marathon.
Sept. 19, 2001 Mayor George Neugent on behalf of the BOCC executed a Quitclaim Deed
conveying the Marathon Community Park, Phase I, from the County to the City of
Marathon.
Sept. 19, 2001 Mayor George Neugent on behalf of the BOCC executed a Quitclaim Deed
conveying Lots 23 through 32, in Block 21, of Coco Plum Beach from the County
to the City of Marathon, with additional language with regard to a Grant Contract
recorded in Official Record Book 1352 at Page 0227.
June 19, 2002 BOCC approved the Assignment and Assumption of the Leasehold between
Monroe County, the Marathon Yacht Club of Monroe County, and the City of
Marathon, in which the County assigned its rights and interest under the
September 20, 1982, Lease between the County and the Marathon Yacht Club, to
the City, and the Lessee (Marathon Yacht Club) consented to the assignment
through the term of the Lease which ends on August 31, 2052.
Sept. 30, 2006 Mayor Charles "Sonny" McCoy on behalf of the BOCC executed a Corrective
Quitclaim Deed to correct a scrivener's error in the legal description of the
Quitclaim Deed executed on June 15, 2005, in which the County transferred to the
City of Marathon the bay bottom adjacent to the Marathon Yacht Club.
April 18, 2012 Mayor David Rice on behalf of the BOCC executed Corrective Quitclaim Deed
transferring from the County to the City of Marathon a parcel of land lying
Waterward of adjacent and abutting Lots 23 through 32, inclusive, Block 21 of
Coco Plum Beach, and all lands including submerged and bay bottom lands lying
Southerly and Oceanward from Lots 23 through 32, inclusive, all in Block 21,
Coco Plum Beach Subdivision.
April 28, 2012 BOCC granted approval and authorized execution of a Corrective Quitclaim Deed
transferring from the County to the City of Marathon the filled and/or submerged
land adjacent to Coco Plum Beach/Park which was inadvertently left out of the
legal description when Lots 23 -32 were transferred to the City in 2001 and
correcting the Book and Page number of the deed restriction by the State of
Florida.
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
STAMPED RESOLUTION on 33rd Street fire station (rev. final 12 -5 -17)
FINANCIAL IMPACT:
Effective Date: December 13, 2017 nunc pro tunc to May 2016.
Expiration Date: Upon recording of any transfer and ownership documents.
Total Dollar Value of Contract: N/A
Total Cost to County: N/A
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs: Only any potential recording fees.
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No
Grant: No
County Match: N/A
Insurance Required: N/A
Additional Details:
If yes, amount:
N/A
REVIEWED BY:
Bob Shillinger
Completed
12/05/2017 6:35 PM
Kevin Wilson
Completed
12/05/2017 6:44 PM
Patricia Eables
Completed
12/05/2017 6:47 PM
Budget and Finance
Completed
12/06/2017 8:46 AM
Maria Slavik
Completed
12/06/2017 8:58 AM
Kathy Peters
Completed
12/07/2017 10:36 AM
Board of County Commissioners
Pending
12/13/2017 9:00 AM
RESOLUTION NO. -2017
A RESOLUTION OF THE . MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS RECOGNIZING THE PRIOR TRANSFER OF TITLE
AND OWNERSHIP OF THE 33 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, -/Wa 3299 Overseas Highway, Marathon, Florida 33050 (hereinafter "Fire Station
Site "); and
WHEREAS, the City of Marathon, a municipal corporation Hof 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 II;
and
WHEREAS, the City has utilized the Fire Station Site Building located on 33` 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 rise 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 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 iii - :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
1.6, 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
Commissioner Danny L. Kolhage
Corrunissioner George Neugent
(SEAL)
Attest: KEVIN MADOK, Clerk BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By: BY:
Deputy Clerk Mayor /Chairman
MO OE COUNTY ATTORNEY'S OFFICE
'; .ROVED As
PATRICIA EABLES
ASSISTANT COUNTY ATTORNEY
DATE: f Z — (e '' ( 7
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