Item C22 C.22
County f � .�� ��� BOARD OF COUNTY COMMISSIONERS
Mayor David Rice,District 4
f` Mayor Pro Tem Craig Cates,District 1
The Florida Keys Michelle Coldiron,District 2
Vacant,District 3
--' Holly Merrill Raschein,District 5
County Commission Meeting
February 16, 2022
Agenda Item Number: C.22
Agenda Item Summary #10209
BULK ITEM: Yes DEPARTMENT: Project Management
TIME APPROXIMATE: STAFF CONTACT: Jordan Salinger (305) 570-9156
n/a
AGENDA ITEM WORDING: Approval by Resolution of a Bill of Sale and a Covenant between
Monroe County and the Florida Department of Transportation (FDOT) for the County's acceptance
of a Historic Flagler Railroad Mile Marker. This marker will be moved to the new Big Pine
Swimming Hole park for display to the public.
ITEM BACKGROUND: Monroe County is currently developing the Big Pine Swimming Hole
(Lower Keys Scenic Viewing Area) as a public park. The Florida Department of Transportation
(FDOT) is providing partial grant funding for the construction phase of the project. In 2016,
concerned citizens alerted local officials to the existence of a Historic Flagler Railroad Mile Marker
located between Mile Marker 30 and Mile Marker 31. It was determined that this marker lies on
FDOT Right of Way. FDOT desires to excavate and move the marker. Through joint discussions, the
County has agreed to accept the marker, move it to the Big Pine Swimming Hole where it will be
installed along with an informational plaque or display about the marker for the public. The marker
is being given to the County at no cost, however the County will need to pay for the transportation
and exhibition of the marker at the park. This will most likely be done via a change order with the
contractor currently working to develop the park who also has experience working with historic
properties/items.
PREVIOUS RELEVANT BOCC ACTION:
n/a
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
DRAFT Resolution, Bill of Sale & Covenant for agenda item placeholder updated(REV)
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C.22
FINANCIAL IMPACT:
Effective Date: 2/16/22
Expiration Date: n/a
Total Dollar Value of Contract: $0.00
Total Cost to County: $0.00
Current Year Portion: $0.00
Budgeted: Yes
Source of Funds: 304-25003
CPI: n/a
Indirect Costs: Cost for moving/displaying the marker at the park TBD
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: no If yes, amount:
Grant: no
County Match: n/a
Insurance Required: no
Additional Details:
REVIEWED BY:
Cary Knight Completed 02/01/2022 11:08 AM
Joseph DiNovo Completed 02/01/2022 2:00 PM
Purchasing Completed 02/01/2022 2:11 PM
Budget and Finance Completed 02/01/2022 3:32 PM
Maria Slavik Completed 02/01/2022 4:08 PM
Liz Yongue Completed 02/01/2022 4:31 PM
Board of County Commissioners Pending 02/16/2022 9:00 AM
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RESOLUTION NO. -2022
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A RESOLUTION OF THE BOARD OF COUNTY =
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
CONFIRMING THE COUNTY'S SUPPORT AND ABILITY
TO PROVIDE THE LOCAL FUNDING NECESSARY TO
RESTORE, DISPLAY, AND MAINTAIN THE HISTORIC
FLAGLER RAILROAD MILE MARKER UPON TRANSFER
OF OWNERSHIP TO MONROE COUNTY, FLORIDA; AND y
PROVIDING AN EFFECTIVE DATE
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WHEREAS, the Florida Department of Transportation, District 6 (hereinafter, "FDOT")
and Monroe County entered into and executed an Agreement on June 19,2017 for the funding of the
development of the Monroe County Lower Keys Scenic Viewing Area between Mile Marker 29 and >
Mile Marker 30 along U.S. Route 1 (Florida State Route 5); and _
WHEREAS, the development of the Monroe County Lower Keys Scenic Viewing Area
entails the construction of a scenic pull off from U.S. Route 1, an information kiosk, restrooms,
parking,landscaping and a boardwalk with an overlook adjacent to U.S. Route 1 near the North Pine
Channel; and
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WHEREAS, the development of the Monroe County Lower Keys Scenic Viewing Area will
further promote the use and enhance the natural and cultural experience of persons utilizing the 0.
Overseas Heritage Trail due to its proximity thereto; and E
WHEREAS, FDOT has responsibility for the maintenance of U.S. 1 and its Right of Way;
and °3
WHEREAS, between Mile Marker 30 and Mile Marker 31, there exists an Historic Flagler
Railroad Mile Marker (hereinafter "Property") located in the FDOT Right of Way (ROW) of U.S.
Route 1 in Monroe County, Florida, and
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WHEREAS, FDOT has been informed by the public of its concerns about the Property and 06
its long-term protection, and
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WHEREAS,the Property is not eligible for listing on the National Register of Historic Places,
and
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WHEREAS,a previous coordination meeting in 2017 with Monroe County, Florida Division
of Historical Resources (hereinafter, "FDHR"), FDOT, FDOT consultants, FDOT Central y
Environmental Management Office (now known as Office of Environmental Management) (OEM)
and local interested parties initiated an effort to extract the Property, restore it to the extent possible,
and protect it, and
WHEREAS, during the above coordination meeting, various options were discussed as to
the relocation and protection of the Property; and
WHEREAS, the Monroe County Lower Keys Scenic Viewing Area is in close proximity to
the original location of the Property; and
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WHEREAS, FDOT and Monroe County have been and continue to be engaged in the
natural, scenic and cultural development of the Monroe County Lower Keys Scenic Viewing Area;
and
WHEREAS, the relocation of the Property to the Monroe County Lower Keys Scenic
Viewing Area would further enhance natural, scenic and cultural attributes of the site and the adjacent
Overseas Heritage Trail; and U
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WHEREAS, it has therefore been determined that the most suitable situs for the relocation
of the Property would be at the Monroe County Lower Keys Scenic Viewing Area, and y
WHEREAS, Monroe County has proposed to take ownership of the Property, and
WHEREAS, FDOT, has proposed to grant and convey certain property rights to Monroe
County subject to designated preservation covenants in and to that Property and Monroe County, for �
itself and its heirs, administrators, devisees, successors, and assigns is willing to accept the Property
subject to such covenants; and
WHEREAS,the administration of these preservation covenants by Monroe County will assist �
in preserving the historic and cultural values of the Property; and
WHEREAS, the rights, responsibilities and obligations of FDOT and Monroe County as to �
the conveyance of the Property have been memorialized in a Covenant on the Transfer of the Historic
Flagler Railroad Mile Marker and effectuated by a Bill of Sale between the parties. Said Covenant and
Bill of Sale are attached hereto
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY AS FOLLOWS:
Section 1: Recitals. The recitations set forth above are hereby incorporated by
reference herein.
Section 2: The Board of County Commissioners of Monroe County ("BOCC")hereby
agrees to take ownership of the Property in accordance with the Bill of Sale (Attachment A) and 0
Covenant(Attachment A, Exhibit B). 06
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Section 3: The BOCC authorizes County personnel to effectuate the restoration of the „-
Historic Flagler Railroad Mile Marker in accordance with the Covenant.
Section 4: The BOCC authorizes County personnel to effectuate the display and
maintenance of the Property in accordance with the Covenant.
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Section 5: The BOCC authorizes the Mayor to execute the Covenant on its behalf.
Section 6: Effective Date. This Resolution shall become effective upon adoption.
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County
Florida at a regular meeting of said Board on the 16th day of February 2022. 0
Mayor David Rice
Mayor Pro Tern Craig Cates
Commissioner Michele Coldiron >
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Commissioner Holly Merrill Raschein
Commissioner Vacant c
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(SEAL) BOARD OF COUNTY COMMISSIONERS :
Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA
By: By:
As Deputy Clerk Mayor
MONROE COUNTY ATTORNEYS OfFCE
APPROVED AS TO FORM
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STANT COUNTY ATTORNEY
DATE: 2-08-2022
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ATTACHMENT
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This instrument prepared by,
or under the direction of,
Alicia Trujillo, Esq. SR No. 5 / US 1- MM 30, A
State of Florida Managing District : Six
Department of Transportation County Monroe
Address: 1000 NW 111th Avenue
Miami, Florida 33172
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BILL OF SALE
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KNOW ALL MEN BY THESE PRESENTS, that the Florida Department
of Transportation ("Grantor"), for and in consideration of preservation by
Monroe County, Florida ("Grantee") of the personal property described herein
("Property"), does hereby grant, transfer, convey, and deliver unto the
Grantee, its successors and assigns, the following Property: --
Concrete mile marker installed by the historic Florida East Coast Railroad
during the construction of the Overseas Railroad between 1905 and 1912
(including the small piece that has broken off). The mile marker marked the
point in the Overseas Railroad where Key West was 30 miles away and
Jacksonville was 492 miles away. Photos of the mile marker from 1995 and
2018 are attached hereto as Exhibit "A." The mile marker is currently located
between mile marker 31 and 30 on US 1/SR 5/Overseas Highway in Big Pine
Key, within Grantor's Right-of-Way.
THIS CONVEYANCE IS made subject to the Covenant Between the Florida
Department of Transportation and Monroe County on the Transfer of the Historic
Flagler Railroad Mile Marker, attached hereto as Exhibit "B".
TO HAVE AND TO HOLD the same, unto Grantee, its successors and
assigns forever. U
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SIGNATURE PAGE FOLLOWS
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IN WITNESS WHEREOF, Grantor has executed this Bill of Sale on this
day of 2022.
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Signed, sealed and delivered y
in our presence:
Witnesses: Florida Department of Transportation
Print: By:
Stacy L., Miller, P.E.
Sign: District Six Secretary
Executive Secretary
Legal Review:
Print: By:
Alicia Trujillo, Esq.
Sign: District Chief Counsel
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me by means of ❑
physical presence or ❑ online notarization, this day of
2022, by as
District Six Secretary of Florida Department of Transportation, who is
personally known to me or has produced as
identification and did not take an oath.
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NOTARY PUBLIC:
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Sign:
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Print:
My commission expires:
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Exhibit A
Flagler Railroad Mile Marker
(8MO2101)
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Flagler R.R.
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(8MO2101), Railroad Mile Marker
October 1995 c
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Flagler R.R.
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(8MO2101), Railroad Mile Marker
2018 —
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Exhibit B
Flagler Railroad Marker
Covenant Agreement
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COVENANT BETWEEN THE FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY ON THE TRANSFER OF THE HISTORIC FLAGLER @
RAILROAD MILE MARKER
WHEREAS,the Florida Department of Transportation,District 6 (hereinafter,"FDOT") and c
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Monroe County entered into and executed an Agreement on June 19, 2017 for the funding of the d
development of the Monroe County Lower Keys Scenic Viewing Area between Mile Marker 29 and c
Mile Marker 30 along U.S. Route 1 (Florida State Route 5); and
WHEREAS,the development of the Monroe County Lower Keys Scenic Viewing Area entails W
the construction of a scenic pull off from U.S. Route 1, an information kiosk, restrooms, parking,
landscaping and a boardwalk with an overlook adjacent to U.S. Route 1 near the North Pine Channel;
and
WHEREAS, the development of the Monroe County Lower Keys Scenic Viewing Area will
further promote the use and enhance the natural and cultural experience of persons utilizing the
Overseas Heritage Trail due to its proximity thereto; and
WHEREAS, FDOT has responsibility for the maintenance of U.S. 1 and its Right of Way;
and
WHEREAS, between Mile Marker 30 and Mile Marker 31, there exists an Historic Flagler c
Railroad Mile Marker (hereinafter "Property") located in the FDOT Right of Way (ROW) of U.S.
Route 1 in Monroe County, Florida, and
WHEREAS, FDOT has been informed by the public of its concerns about the Property and
its long-term protection, and
WHEREAS,the Property is not eligible for listing on the National Register of Historic Places,
and
WHEREAS, a previous coordination meeting in 2017 with Monroe County, Florida Division
of Historical Resources (hereinafter, "FDHR"), FDOT, FDOT consultants, FDOT Central
Environmental Management Office (now known as Office of Environmental Management) (OEM), 06
and local interested parties initiated an effort to extract the Property, restore it to the extent possible,
and protect it, and 4-
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WHEREAS, during the above coordination meeting,various options were discussed as to the
relocation and protection of the Property; and
WHEREAS, the Monroe County Lower Keys Scenic Viewing Area is in close proximity to y
the original location of the Property; and
WHEREAS, the FDOT and Monroe County have been and continue to be engaged in the
natural, scenic and cultural development of the Monroe County Lower Keys Scenic Viewing Area;
and
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WHEREAS,the relocation of the Property to the Monroe County Lower Keys Scenic Viewing
Area would further enhance natural,scenic and cultural attributes of the site and the adjacent Overseas @
Heritage Trail; and
WHEREAS, it has therefore been determined that the most suitable situs for the relocation c
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of the Property would be at the Monroe County Lower Keys Scenic Viewing Area, and d
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WHEREAS, Monroe County has agreed to take ownership of the Property, and
WHEREAS, FDOT, by its grant and conveyance of certain property rights hereunder to
Monroe County hereinabove grants designated preservation covenants in and to that Property which
is the subject of this conveyance, and Monroe County,for itself and its heirs,administrators, devisees,
successors, and assigns is willing to accept the Property subject to such covenants; and
WHEREAS,the administration of these preservation covenants by Monroe County will assist
in preserving the historic and cultural values of the Property.
NOW THEREFORE, FDOT hereby covenants on behalf of itself with Monroe County at
all times to be bound by the following: 0.
1. FDOT will extract the Property from its present location between Mile Marker 30 and
Mile Marker 31, Big Pine Key with the utmost care and deliver it to a site mutually determined by c
FDOT and Monroe County for its restoration, at which time Monroe County will be granted
ownership of the Property.
2. Monroe County may pursue grants or other financial assistance to help with the
restoration,preservation, and maintenance of the Property, as warranted.
3. Monroe County shall make the Property accessible to the Public in the same manner
as other attributes of the Monroe County Lower Keys Scenic Viewing Area.
4. Monroe County shall display and interpret the Property in a fashion that reasonably �
protects it from damage.
5. Monroe County shall, at its sole cost and expense,install and maintain an interpretive 6
plaque or display alongside the Property.
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6. Monroe County shall make reasonable efforts to maintain and prevent damage to the _
Property and to protect it from deterioration.
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7. All work carried out on the Property shall be conducted with oversight of a person or
persons meeting the Secretary of the Interior's Professional Qualification Standards for Archaeology
and Historic Preservation as set forth at 62 FR 33708-33723 (dune 20, 1997).
8. The rehabilitation, display, and interpretation of the Property shall be completed in
coordination with the Monroe County Lower Keys Scenic Viewing Area Site.
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9. These covenants shall be deemed to run with the Property as covenants at law and =
equitable servitude and extend to and are binding on Monroe County and FDOT. The restrictions,
stipulations,and covenants contained herein shall be inserted by Monroe County verbatim in any deed
or other legal instrument by which it divests itself of either the fee simple title or any other lesser estate
in the Property or any part thereof.
10. The invalidity or unenforceability of any provision of this instrument shall not affect c
the validity or enforceability of any other provision of this instrument or any ancillary or
supplementary agreement relating to the subject matter hereof.
11. This Agreement may be amended when such an amendment is agreed to in writing by
the signatories or their respective heirs, administrators, devisees, successors, and assigns, as
appropriate.
[SIGNATURE PAGES FOLLOW]
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SIGNATORIES: —
Florida Department of Transportation
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Witnesses: Florida Department of Transportation d
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Print: By:
Stacy L.,Miller,P.E. �
Sign: District Six Secretary
Executive Secretary
Legal Review:
Print: By: .�
Alicia Trujillo, Esq.
Sign: District Chief Counsel
STATE OF FLORIDA )
0.
COUNTY OF )
The foregoing instrument was acknowledged before me by means of ❑ physical presence o
or ❑ online notarization, this day of 12022, by �
as District Six Secretary of Florida Department of
Transportation, who is personally known to me or has produced
as identification and did not take an oath.
NOTARY PUBLIC: °3
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Sign:
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Print: 06
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My commission expires: o
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Monroe County
Witnesses: Board of County Commissioners
of Monroe County, Florida
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Print: By:
Mayor/Chairman �
Sign: �--
ONR E COUNTY ATT ANEYS OFFICE
APPROVED A5 TO FARM
Print:
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Sign: "-"-,-,A&SSTANTC LINTY ATTORNEY .�
[SATE:
STATE OF FLORIDA )
COUNTY OF )
The foregoing instrument was acknowledged before me by means of ❑ physical presence o
or ❑ online notarization, this day of 12022, �
by on behalf of Monroe County, Florida, who is
personally known to me or has produced as identification and
did not take an oath.
NOTARY PUBLIC: °3
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Sign:
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Print: 06
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My commission expires: o
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