Item M04
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 20, 2003
Division:
Growth Management
Bulk Item: Yes ~
No
Department: Planning
AGENDA ITEM WORDING: Approval of Resolution to concur with the Florida Department of
Transportation's decision to sell a portion of the U.S.I Right-of-Way at MM 69.5, Bayside.
ITEM BACKGROUND: The subject parcel is approximately 12,000 square feet and is located approximately
at Mile Marker 69.5, Bayside. The subject parcel, which is currently used as a boat basin, has been leased to
Sea Bird Marina since December I, 1994. The current owner of Seas Bird Marina has inquired to FDOT about
purchasing this portion of FDOT Right-of-Way along U.S. 1. FDOT has determined it is prudent to see the
subject parcel to reduce their liability and maintenance exposure.
PREVIOUS RELEVANT BOCC ACTION:
November 10, 1999 - Resolution 565-1999 recommending that the Florida Department of Transportation deny
requests to surplus properties adjacent to U.S. I until Board action is taken on the Overseas Heritage Trail and
the Stormwater Master Plans.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST: N/A
BUDGETED: Yes N/A
No
COST TO COUNTY: N/A
SOURCE OF FUNDS: N/ A
REVENUE PRODUCING: Yes N/A No
AMOUNT PER MONTH N/A Year
APPROVED BY:
County Atty X
Risk Management _
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included X
To Follow
Not Required_
AGENDA ITEM # ~y
DISPOSITION:
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RESOLUTION NO.
- 2003
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF MONROE
COUNTY. FLORIDA TO CONCUR Wlrn 1lIE DECISION OF FLORIDA
DEPARTMENT OF TRANSPORTATION TO SURPLUS EXCESS
PROPERlY ADJACENT TO U.S.I AT MILE MARKER 69.S, BA YSlDE
WHEREAS, the Monroe Cowlty Board of Commissioners has passed Resolution 565-1999 on
November 10, 1999 ~1ablishjng the policy of Monroe COWl!}' to request that the Florida Department of
Transportation (FOOT) deny any requests to surplus properties adjacent to U.S. 1 until the Board of
Commissioners has ~n action on the Overseas Heritage Trail and Stonnwater Master Plan; and
WllEREAS. the Florida Department of Transportation has de~nnined that the sale or lease of excess
lands is prudent in order to reduce the liability and mainlenanc~ costs for FOOT; and
WHEREAS. a property owner has requestcci to purchase a portion of the FOOT Right-of. Way adjacent
to U.S. I and the Florida Department of Transportation finds it prudent to sell the irregularly shaped
approximately 12,000 square foot parcel at Mile Marker 69.5 Bayside; and
WHEREAS, it has been detennined that the sale olthis subject parcel will leave an approximately 85-
foot width of excess right of way adjacent to U.S. I for future transportation and stormwater use;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTy, FLORIDA, that the County concurS with the Florida Department of Transportation
decision to surplus the subject property at Mile Marker 69.5 Bayside.
PASSED AND ADOPTED by the Board of County Conunissioners of Monroe County. Florida at a
regular meeting held on the 20* day of August, 2003.
Mayor Dixie Spehar
Mayor Pro Tem Murray Nelson
Commissioner Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner Bert Jimenez
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY. FLORIDA
BY
Mayor Dixie Spehar
(SEAL)
A TrEST: DANNY L. KOUIAGE, CLERK
MONROE COUNTY ATTORNEY
AP 0 FORM:
DEPUlY CLERK
County of Monroe
Growth Mana2ement Division
2798 Overseas Highway
Suite 400
Marathon, Florida 33050
Voice: (305) 289-2500
FAX: (305) 289-2536
Board of County Commissioners
Mayor Dixie Spehar, Dist. I
Mayor Pro Tern Murray Nelson, Dist. 5
Comm. Charles "Sonny McCoy, Dist. 3
Comm. George Neugent, Dist. 2
Comm. David P. Rice, Dist. 4
TO:
Board of County Commissioners
FROM:
K. Marlene Conaway, Director. Planning and Environmental Resources Department
RE:
Surplus of Florida Department of Transportation (FOOT) Right-of-Way
at Mile Marker 69.5. Bayside
DATE:
July 30, 2003
Issue:
The owner of Sea Bird Marina, Antonio Papp, has inquired with FOOT about purchasing a portion of the right-of-
way at approximately MM 69.5. Bayside. Previous action by the Board of County Commissioners (BOCC)
requested FOOT to deny requests to surplus property along U.S. 1 until the Boec has taken action on the
Overseas Heritage Trail and the Stonnwater Master Plans.
Background:
Since December 1, 1994, Sea Bird Marina has leased an approximately 12,000 square foot area within the FOOT
right-of-way. This parcel is mainly submerged lands and is used by Sea Bird Marina as a boat basin.
The FOOT right-of-way through this section of US-l is 200 feet from the centerline of the road (400' total).
Although the sale of the subject property will reduce the right-of-way by 100 feet, there is still another 100 feet of
right-of-way (from the centerline of the road) available for the implementation of the Overseas Heritage Trail and
the Stonnwater Master Plan.
Conclusion
Staff recommends approval of the resolution.
~
Flonaa Department of Transportation
JEB BUSH
GOVERNOR
OFFICE OF RIGHT OF WAY
ADMINISTRATION - DISTRICT SIX
1000 NW III A VENUE. ROOM 6116
MIAMI, FLORIDA 33172
PHONE: (305) 470-5150/ SC 429.5150
THOMAS F. BARRY JR.
SECRETARY
MEMORANDUM
DA TE:
November 4. 2002
TO:
Elizabeth Holloway. Bicycle and Pedestrian Planner
Alberto Villarreal. Senior Property Management Agent ~
FROM:
COPIES TO: File
SUBJECT:
REQUEST FOR RIW PURCHASE
Applicant Antonio Papp. c/o Bird Marina
Fed/Id/No. 2503081
State/Job No. 90050
SR No. SR No.5. MM 69.5, Bayside, Long Key. Monroe County
Parcel No. 6001
The applicant has made inquiry about purchasing the right of way that has been leased since
December 1, 1994 to the previous owner of Bird Marina. The parcel has an irregular shape
containing more or less 12,000 square feet, as shown on attached RIW Map and highlighted
sketch.
Please review and provide your comments as to whether or not the area requested can be
considered surplus and be disposed by sale
After review. please return to me. If you have any questions, call me at extension 5179.
Attachments
h:\Bird Marina Parcel600J
www.dot.state.[I.us
I
REVIEW OF SURPLUS PROPERTY AND DECLARATION
~
(x ) SALE
( ) PUBUC PURPOSE CONVEYANCE
( ) LEASE
A licant: Antonio Pa ,Sea Bird Marina, Inc. P.O. Box 818, Lon Ke . FL 33001
Fin. Project Id Parcel No.: 6001 County: Monroe State Road: 5,
2503081 ba side, MM 69.5
Property Description: The parcel has an irregular shape, formed by the R/W lines and the
shore line, containin 12,000.00 s . ft. more or less.
COMMENTS
Javier Rodriguez, District Environmental Management Engineer
Gaspar Lobaina, Administrator of Surveying and Mapping ,
We have no objections to declaring that property surplus. however in order to maintain R/W
conformity. we should maintain a 100' R/W width in this area on the northerly side from the
baseline survev. by Thomas Bernal 10/29/02
Ron Steiner, District Maintenance Engineer
No comments. by Ron Steiner 10/24/02
Gary Donn, District Director of Planning and Programs
Rory Santana, District Traffic Operation Engineer
No comment. by Rory Santana 10/21/02
Harold Desdunes, Assistant District Operation Engineer
No comments. by Harold Desdunes 11.04.02
Teresita Alvarez, District Consultant Engineer
I have no need for the parcel referenced in your e-mail. by David Mendez 10/22/02: I
don'thave any proiects in the area. The only thing I am concern with is the bike path for the
Heritage Trail. by Adriana Manzanares 10/23/02
Gus Pego, District Director of Operations
I see no problem with the sale provide access is upgraded. Can we sell submerged land?
May want design to check to see if selling the R/W may create future problem if we have to
build a new bridge. by Gus Pego on 10/22/02.
J:propmgt/formoriglpmI02(2).frm (7/02)
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