Item T03 I�`�
4 ' '' "tr, BOARD OF COUNTY COMMISSIONERS
County of Monroe
\,a� Mayor Michelle Coldiron,District 2
�1 nff _llll Ma or Pro Tem David Rice,District 4
-Me Florida.Keys Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
September 15, 2021
Agenda Item Number: T.3
Agenda Item Summary #9713
REVISED AC U : Replaced letter with revised version.
BULK ITEM: Yes DEPARTMENT: Assistant County Administrator Kevin
Wilson
TIME APPROXIMATE: STAFF CONTACT: Kevin Wilson (305) 292-4441
2:10 PM
AGENDA ITEM WORDING: Approval for the Mayor to sign and send a letter to the Florida
Department of Transportation (FDOT)requesting the transfer of a parcel of land on Big Pine Key.
ITEM BACKGROUND: The land parcel is located at the intersection of Industrial Road and US-
1. It has been the location of the Lower Keys Chamber of Commerce office and Visitor Center since
1966. FDOT believed they were the owners of the property and recently contacted the Chamber to
start collecting rent as required by FDOT rules.
After contacting FDOT staff and researching the title history, County staff was able to confirm that
the property was initially transferred to the County by the Overseas Road and Toll Bridge Authority
upon its dissolution in 1954. In 1966, the County leased the property to the Lower Keys Chamber of
Commerce. In 1977, certain lands from the 1954 Deed were transferred to FDOT without a specific
metes and bounds description. The 1977 transfer provided for the reversion to the County, upon its
request, of property from the 1977 transaction that was not needed by FDOT for ROW, Parking, or
parks on US-1.
This letter requests return of the specific parcel (00110840-000000)to County ownership.
PREVIOUS RELEVANT BOCC ACTION:
01 JAN 1966 BOCC leases the property to Lower Keys Chamber of Commerce.
19 SEP 1978 BOCC approves a 25-year Lease of the property to Lower Keys Chamber of
Commerce.
07 APR 1981 BOCC modifies the Lease to remove Industrial Road and add parcel to the south
to the Lease.
17 APR 2013 BOCC approves a 25-year Lease ending 30 APR 2038.
CONTRACT/AGREEMENT CHANGES:
No
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
2021-09-02 email thread from D6 Secretary
Ltr to FDOT Secy (revised) 09.09.2021
FINANCIAL IMPACT:
Effective Date: Upon approval by BOCC
Expiration Date: N/A
Total Dollar Value of Contract: N/A
Total Cost to County: N/A
Current Year Portion: N/A
Budgeted: N/A
Source of Funds: N/A
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant: N/A
County Match: N/A
Insurance Required: N/A
Additional Details: N/A
REVIEWED BY:
Kevin Wilson Completed 09/06/2021 8:51 PM
Patricia Eables Completed 09/07/2021 9:22 AM
Purchasing Skipped 09/06/2021 8:52 PM
Budget and Finance Completed 09/07/2021 9:47 AM
Maria Slavik Completed 09/07/2021 11:37 AM
Liz Yongue Completed 09/07/2021 11:39 AM
Board of County Commissioners Pending 09/15/2021 9:00 AM
` � BOARD OF COUNTY COMMISSIONERS
IL'ounty of Monroe �€ �`°�� '� s Mayor Michelle Coldiron,District 2
The Florida Keys Mayor Pro Tern David Rice,District 4
Craig Cates,District 1
i49
�J
r Eddie Martinez,District 3
,. Vacant,District 5
September 15,2021
Secretary Stacy Miller
Florida Department of Transportation, District 6
1000 NW Illy Ave
Miami, FL 33172
Dear Secretary Miller:
SUBJECT: Request for Return of Big Pine Key Parcel 00110840-000000
The County requests that the Department transfer (revert)the parcel known by its parcel ID 4
00110840-000000 back to the County since it is not required as a Right of Way (ROW),parking,
or as an FDOT park. At the Department's request, the County agrees to provide a 25' easement
for FDOT along the northern boundary of the parcel.
County staff researched the history of the subject parcel because it looked as though the County
was leasing to the Lower Keys Chamber a piece of property that FDOT owned. Staff s
conclusion is that the parcel in question was actually County owned. The above subject-
referenced property is located on US (SR5) in Monroe County, Florida. The Lower Keys
Chamber of Commerce has occupied the property in question since January 1966.
At the time of the original January 1, 1966 lease between the County and Lower Keys Chamber,
title of the property was held by Monroe County. It was deeded from the Overseas Road and
Toll Bridge District on September 4, 1954. The specific leased property was designated by a
metes and bounds legal description called out within the lease documents. Copies of this and
other relevant documents were forwarded to the Department earlier this year.
On May 24, 1977, certain lands from the 1954 deed from the Overseas Road and Toll Bridge
District to Monroe County were deeded to the State of Florida, Department of Transportation.
The lands transferred with the 1977 document used the legal description of transferred lands for
the 1954 document rather than calling out the metes and bounds of the specific lands to be
transferred. The deed specifically describes transfer of lands that were to be used as parking for
US-1, Right of Way (ROW), or as a park although the legal description used was all of the lands
identified in the 1954 deed. The 1977 deed provided for reversion to the County of lands
included in the 1977 deed, which were not used as ROW,parking, or parks, upon request by the
County. We appreciate your attention to our request.
While we have found no previous record of such request, the continuous lease since 1966 of the
property in question to the Chamber evidences the County's intent to have the property revert to
its ownership. The lease renewals even demonstrate the removal of the westernmost portion of
the property to form Industrial Road and the addition of the County parcel south of Property ID
00110840-000000 to the lease. Clearly, the intent of the County was to host the Chamber on its
property.
Regards,
Michelle Coldiron
Mayor
cc: County Administrator
County Attorney
T.3
County �� � .�� �y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Coldiron,District 2
�1 nff `ll Mayor Pro Tem David Rice,District 4
-Me Florida.Keys Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
September 15, 2021
Agenda Item Number: T.3
Agenda Item Summary #9713
BULK ITEM: Yes DEPARTMENT: Assistant County Administrator Kevin
Wilson
TIME APPROXIMATE: STAFF CONTACT: Kevin Wilson (305) 292-4441
2:10 PM
AGENDA ITEM WORDING: Approval for the Mayor to sign and send a letter to the Florida
Department of Transportation (FDOT)requesting the transfer of a parcel of land on Big Pine Key.
ITEM BACKGROUND: The land parcel is located at the intersection of Industrial Road and US-
1. It has been the location of the Lower Keys Chamber of Commerce office and Visitor Center since
1966. FDOT believed they were the owners of the property and recently contacted the Chamber to
start collecting rent as required by FDOT rules.
After contacting FDOT staff and researching the title history, County staff was able to confirm that
the property was initially transferred to the County by the Overseas Road and Toll Bridge Authority
upon its dissolution in 1954. In 1966, the County leased the property to the Lower Keys Chamber of
Commerce. In 1977, certain lands from the 1954 Deed were transferred to FDOT without a specific
metes and bounds description. The 1977 transfer provided for the reversion to the County, upon its
request, of property from the 1977 transaction that was not needed by FDOT for ROW, Parking, or
parks on US-1.
This letter requests return of the specific parcel (00110840-000000)to County ownership.
PREVIOUS RELEVANT BOCC ACTION:
01 JAN 1966 BOCC leases the property to Lower Keys Chamber of Commerce.
19 SEP 1978 BOCC approves a 25-year Lease of the property to Lower Keys Chamber of
Commerce.
07 APR 1981 BOCC modifies the Lease to remove Industrial Road and add parcel to the south
to the Lease.
17 APR 2013 BOCC approves a 25-year Lease ending 30 APR 2038.
CONTRACT/AGREEMENT CHANGES:
Packet Pg. 3868
T.3
No
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
2021-09-02 email thread from D6 Secretary
Ltr to FDOT Secy (revised)
FINANCIAL IMPACT:
Effective Date: Upon approval by BOCC
Expiration Date: N/A
Total Dollar Value of Contract: N/A
Total Cost to County: N/A
Current Year Portion: N/A
Budgeted: N/A
Source of Funds: N/A
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant: N/A
County Match: N/A
Insurance Required: N/A
Additional Details: N/A
REVIEWED BY:
Kevin Wilson Completed 09/06/2021 8:51 PM
Patricia Eables Completed 09/07/2021 9:22 AM
Purchasing Skipped 09/06/2021 8:52 PM
Budget and Finance Completed 09/07/2021 9:47 AM
Maria Slavik Completed 09/07/2021 11:37 AM
Liz Yongue Completed 09/07/2021 11:39 AM
Board of County Commissioners Pending 09/15/2021 9:00 AM
Packet Pg. 3869
L3.a
Wilson-Kevin
From: Miller, Stacy <Stacy.Miller@dot.state.fl.us>
Sent: Thursday, September 2, 2021 10:23 AM _
To: Wilson-Kevin
Cc: Cernuda, Milady; Rubio-Suzanne; Llanes, Maria; Flores, Marta
Subject: RE: Lower Keys Chamber of Commerce on Big Pine Key
0
CAUTION
0
CL
Kevin,
r_
0
Thank you so much for your patience regarding this issue;the Department has completed our research. While this email
string indicates the County is requesting the return of the property, a formal letter would be appreciated. Maria will >
contact you shortly regarding next steps. 2
Stacy L. Miller, P.E.
District Secretary Cr
0
District Six
Florida Department of Transportation
Adam Leigh Cann Building
1000 N.W. 111th Avenue 0
Miami, Florida 33172
-Ltacy.rWiller(@dot.state.fl.us 2
Office: 305-470-5197 0
Cell: 954-914-8237 '✓
0
From: Miller, Stacy<Stacy.Miller@dot.state.f1.us>
Sent:Tuesday, August 17, 2021 1:28 PM
To:Wilson-Kevin <Wilson-Kevin@MonroeCounty-FL.Gov>
Cc: Cernuda, Milady<Milady.Cernuda@dot.state.fl.us>; Rubio-Suzanne<Rubio-Suzanne@MonroeCounty-FL.Gov>;
0
Llanes, Maria <Maria.Llanes@dot.state.fl.us>
Subject: Re: Lower Keys Chamber of Commerce on Big Pine Key
Mr. Wilson,
Thank you for reaching out. I'll be in touch once I've looked into the issue.
Stacy L. Miller, PE
District Secretary
District Six
Florida Department of Transportation
1000 NW 111th Ave
Miami, FL 33172
stacy.: iller@dot.state.fl.us
Office: 305-470-5197
Cell: 954-914-8237
1
Packet Pg. 3870
L3.a
From:Wilson-Kevin <Wilson-Kevin MonroeCo nty-FL.Gov>
Sent: Monday,August 16, 2021 9:22 PM
To: Llanes, Maria
Cc: Cernuda, Milady; Rubio-Suzanne; Miller, Stacy
Subject: RE: Lower Keys Chamber of Commerce on Big Pine Key
It's been almost 3 months, any reactions from Tallahassee?
Kevin G. Wilson, P.E. 0
Assistant County Administrator
Cell 305-797-1547
ffice 305-453-8788 0
Florida has a broad public records law.E-mail communications can be public record and made available to the public and media upon request. Your e-mail communication
may be subject to public disclosure.
From: Llanes, Maria<Maria.Llanes((�dot.state.Il.us>
Sent: Friday, May 28, 2021 6:14 PM .
To: Wilson-Kevin<Wilson-Kevin(&MonroeCounty-FL.Gov>
Cc: Cernuda, Milady <Milady.Cernuda rz,dot.state.fl.us> 2
Subject: RE: Lower Keys Chamber of Commerce on Big Pine Key
Cr
0
CAUTION 2
Good evening, Kevin. 0
0
V have forwarded VV the information to our RNV Engineering department for their review of the title
work. V will let you know as soon as they have been able to conduct the necessary research to reach
their conclusion. '✓
Hope you have a very nice Memorial Day weekend.
0
0
0
0
N
Please note: Florida has a vent broad public records law. Most written communications to or from state of regarding state CD'
business are public records available to the public and media zzpon request. Yozzr e-mail coznmzznications mc�v be szzbject to pzzblic N
disclosure. (Chapter 119, Florida Statzztes) N
From: Wilson-Kevin<Wilson-Kevin(iaMonroeC'ounty-FL.Gov>
Sent: Thursday, May 27, 2021 3:42 PM
To: Llanes, Maria<Maria.Llanes(dodot.state.fl.us>
Cc: Cernuda, Milady <Milady.Cernuda(&dgt.state.fl.us>
Subject: RE: Lower Keys Chamber of Commerce on Big Pine Key
2
Packet Pg. 3871
L3.a
Maria,
As follow up to my emails earlier this year, I had County staff research the history of the subject parcel because
it looked as though the County was leasing to the Lower Keys Chamber a piece of property that FDOT
owned. The research is interesting and the findings are below. I've also attached the supporting documents for _
theDepartment's review. Our conclusion is that the parcel in question was actually County owned. please
review our research and advise whether the County should formally request the reversion. If so, is this request
sufficient or do you need something more formal?
0
The above subject referenced property is located on US (S 5) in Monroe County, Florida. The Lower Keys
Chamber of Commerce has occupied the property in question since January 1966.
0
At the time of the original January 1, 1966 lease between the County and Lower Keys Chamber, title of the
property was held by Monroe County. It was deeded from the Overseas Road and Toll Bridge District on
September 4, 1954 as recorded on page 374 of Deed Book 15 of the Monroe County public Records. The
specific leased property was designated by a metes and bounds legal description called out within the lease
documents. See attached copy of the September 4, 1954 and the 1996 lease between the County and the
Chamber. >
2
n May 24, 1977, certain lands from the 1954 deed from the Overseas Road and Toll Bridge District to Monroe
Ch
County were deeded to the State of Florida Department of Transportation as recorded in OR Book 715 page
Cr
82. The lands transferred with the 1977 document(copy attached)used the legal description of transferred 2
lands for the 1954 document rather than calling out the metes and bounds of the specific lands to be
transferred. The deed specifically describes transfer of lands that were to be used as parking for US-1, Right of
Way (ROW) or as a park although the legal description used was all of the lands identified in the 1954 0
deed. See page 1 of the 1977 deed from the county to the Department(highlighted section). The 1977 deed
provided for reversion to the County of lands included in the 1977 deed which were not used as ROW, parking, 0
or parks upon request by the County.
While we have found no previous record of such request, the continuous lease since 1966 of the property in
question to the Chamber evidences the County's intent to have the property revert to its ownership. The lease
renewals even demonstrate the removal of the westernmost portion of the property to form Industrial Road and
the addition of the County parcel south of Property ID 00110840-000000 to the lease. Clearly the intent of the (0
County was to host the Chamber on its property.
e asked ourselves what was the driving force behind the 1977 deed and believe it was related to the major
US-1 ROW and bridge work in the 1970s and concluded that he use of the legal descriptions of the 1954 deed
was simply a shortcut to get the work underway and the reversion clause was put there to provide for the return 2
of lands not used for the US-1 work by the Department.
kevinw
0)
04
Kevin G. Wilson, P.E. 9
Assistant County Administrator �
Cell 305-797-1547 04
CD
Office 305-453-8788 "'
Florida has a broad public records law.E-mail communications can be public record and made available to the public and media upon request. Your e-mail communication
may be subject to public disclosure.
U
From: Llanes, Maria<Maria.Llanes((�dot.state.Il.us>
Sent: Wednesday, February 24, 2021 11:43 AM
To: Wilson-Kevin<Wilson-Kevinri�,MonroeCount-- 11 Gov>
3
Packet Pg. 3872
L3.a
Cc: Cernuda, Milady <Milady.Cernuda(&dot.state.fl.us>
Subject: RE: Lower Keys Chamber of Commerce on Big Pine Key
CAUTION: This email originated from outside of the County. Whether you know the sender or not, do not
click links or open attachments you were not expecting. a
E
Good morning, Kevin. Hope your week is going well.
Our District's Office of General Counsel, following Mr. Wolfe's Wolfe' request to provide are opinion on the
matter of public purpose, has concluded that the Chamber is not a public entity. Mr. Wolfe asked that
we proceed with that conclusion.
Considering the results, in the event the County requests a conv y n for no consideration, it would
not be ableto lease to the Chamber. Vf done so, the parcel would revert to the Department.
Please, let me know how the County wishes to proceed- also, would you be contacting the Chamber
to make thern aware or shall V? The Chamber will still reed to submit the sketch and legal
description, and are appraisal, for either a market rent or a sale.
Cr
c
2
0.
Please note: Florida has a vent broad public records law. Most written communications to or from state of regarding state �
business are public records available to the public and media zzpon request. Yozzr e-mail coznmzznications mcv be szzbject to pzzblic U)
disclosure. (Chapter 119, Florida Statzztes) �
0
From: Wilson-Kevin<Wilson-Kevin(iaMonroeC"ounty-FL.Gov>
Sent: Thursday, February 18, 2021 11:59 AM
To: Llanes, Maria<Maria.Llanes(dodot.state.fl.us>
Cc: Wolfe, James <James.Wolfe(iDdot.state.fl.us>; Coldiron-Michelle<Coldiron-Michelle MonroeCounty- E
FL.Gov>; Gastesi-Roman <Gastesi-Roman rr MonroeC"ounty-FL.Gov>; Atkins-Katherine <Atkins-
Katherine rr,MonroeCounty-FL.Gov>; David Turner (executivedirector rr lowerkeyschaniber.com)
<executivedirector rz lowerkeyschaniber.coni>
Subject: Lower Keys Chamber of Commerce on Big Pine Key cV
EXTERNAL SENDER: Use caution with links and attachments.
Maria,
4
Packet Pg. 3873
L3.a
It appears that FDOT D6 has asked the Lower Keys Chamber of Commerce to enter a ground lease for the
property on which its offices are located. I'm told that the offices have been there since at least the
1960s. Rather than charge the Chamber a market rate lease is it possible for the Department to lease the ground
to the County at a nominal rate for use by the Chamber? I found another such lease between the Department
and the County in our records for the Islamorada Chamber of Commerce.
I believe the County would also consider a request for the Department to transfer the entire parcel to the County
for its use (the southernmost are served as a small debris site following Irma and was also used to stage
equipment). It's not apparent to me whether this is part of the US-1 ROW or a separate parcel.
0
Kevin G. Wilson, P.E.
Assistant County Administrator
CL
Cell 305-797-1547
Office 305-453-8788 0
Florida has a broad public records law.E-mail communications can be public record and made available to the public and media upon request. Your e-mail communication C
may be subject to public disclosure. 2
From: Coldiron-Michelle<Coldiron-Michelle r MonroeCount -FL.Gov>
Sent: Tuesday, February 16, 2021 3:19 PM
To: Wilson-Kevin<Wilson-Kevin(z MonroeCounty-FL.Gov>; Atkins-Katherine<Atkins-
Katherine( MonroeCounty-FL.Gov> rr
Subject: Fwd: '
Oops... I thought I sent this to you!! Can you Help@?
c
Mayor Michelle Coldiron
Monroe County Commissioner
District 2 <C
25 Ships Way ,
Big Pine Key, FL 33043
(305)292-4512 (Office)
305 360-7666 (Cell phone) v)
0
PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS
TO OR FROM THE COUNTY REGARDING COUNTY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO cc)
THE PUBLIC AND MEDIA UPON REQUEST.
Begin forwarded message:
CD
From: Atkins-Katherine<Atkins-Katherineiyionroecounty-fl. ov>
Date: February 16, 2021 at 3:13:46 PM EST
To: Coldiron-Michelle <Coldiron-Michelle rnonroecounty-fl. ov>
Subject: FW:
5
Packet Pg. 3874
L3.a
From: Atkins-Katherine
Sent: Friday, January 29, 2021 2:54 PM
To: Coldiron-Michelle <Coldiron-Michelle r .MonroeCo nt -FL Ahy>
Subject:
Hi Kevin,
Dave Turner approached us today about the property that the Lower Keys Chamber of
Commerce is on.
Dave told us he has spoken with you a while ago about this but as a refresher: the
Chamber owns the building, which is on FDOT right of way and adjacent to County
property. (See attachment)
He wants to know if the County would be interested in taking the property over from the
state, which is now trying to propose a lease option to the Chamber at $1,236 per month.
If we decide to move forward with taking it over from the State, my question is whether
we have to offer the property to any other state entities prior to doing so.
Cr
Dave has been working with a Maria Llanes on the state side. Let me know when you
have a minute to talk.
Katie Atkins, Executive Aide
Michelle Coldiron, BOCC District 2
25 Ships Way c
Big Pine Key,FL 33043 0.
(305)292-4512(0)
(7i6)397-4263(C) W
Atkins-Katherine nonroecounf ov
ww monroecounty-fl. ,ov
Monroe County, Florida
0)
cv
cv
CD
cv
U
6
Packet Pg. 3875
BOARD OF COUNTY COMMISSIONERS
County of Monroe fr`` Mayor Michelle Coldiron,District
Mayor Pro Tern David Rice,District 4
The Florida Keys y4 .�y ,�
Craig Cates,District 1
Eddie Martinez,District 3
Vacant,District 5
September 15,2021 0
a
Secretary Stacy Miller
Florida Department of Transportation, District 6
1000 NW Illy Ave 0
Miami, FL 33172
Dear Secretary Miller: 0
c
SUBJECT: Request for Return of Big Pine Key Parcel 00110840-000000
The County requests that the Department transfer (revert)the parcel known by its parcel ID 4
00110840-000000 back to the County since it is not required as a Right of Way (ROW),parking,
or as an FDOT park.
2
County staff researched the history of the subject parcel because it looked as though the County
was leasing to the Lower Keys Chamber a piece of property that FDOT owned. Staff s
conclusion is that the parcel in question was actually County owned. The above subject-
referenced property is located on US (SR5) in Monroe County, Florida. The Lower Keys 2
Chamber of Commerce has occupied the property in question since January 1966.
ct
At the time of the original January 1, 1966 lease between the County and Lower Keys Chamber,
title of the property was held by Monroe County. It was deeded from the Overseas Road and >
Toll Bridge District on September 4, 1954. The specific leased property was designated by a 2
metes and bounds legal description called out within the lease documents. Copies of this and
other relevant documents were forwarded to the Department earlier this year.
On May 24, 1977, certain lands from the 1954 deed from the Overseas Road and Toll Bridge
0
District to Monroe County were deeded to the State of Florida, Department of Transportation.
The lands transferred with the 1977 document used the legal description of transferred lands for
the 1954 document rather than calling out the metes and bounds of the specific lands to be a
transferred. The deed specifically describes transfer of lands that were to be used as parking for
US-1, Right of Way (ROW), or as a park although the legal description used was all of the lands
identified in the 1954 deed. The 1977 deed provided for reversion to the County of lands
included in the 1977 deed, which were not used as ROW,parking, or parks, upon request by the
County. We appreciate your attention to our request.
Packet Pg. 3876
While we have found no previous record of such request, the continuous lease since 1966 of the
property in question to the Chamber evidences the County's intent to have the property revert to
its ownership. The lease renewals even demonstrate the removal of the westernmost portion of
the property to form Industrial Road and the addition of the County parcel south of Property ID
00110840-000000 to the lease. Clearly, the intent of the County was to host the Chamber on its
property.
0
Regards,
0
CL
CO
4-
0
Michelle Coldiron
Mayor
cc: County Administrator
County Attorney S
Cr
m
0
2
c�
0
U
Packet Pg. 3877