Item C18 C.18
County f � .�� ",�, 1 BOARD OF COUNTY COMMISSIONERS
Mayor Craig Cates,District 1
Mayor Pro Tem Holly Merrill Raschein,District 5
The Florida Keys
Michelle Lincoln,District 2
James K.Scholl,District 3
David Rice,District 4
County Commission Meeting
December 7, 2022
Agenda Item Number: C.18
Agenda Item Summary #11498
BULK ITEM: Yes DEPARTMENT: Assistant County Administrator Kevin
Wilson
TIME APPROXIMATE: STAFF CONTACT: Kevin Wilson (305) 292-4441
NO
AGENDA ITEM WORDING: Approval of a resolution requesting FDOT to transfer a section of
US-1 ROW to the County for the purpose of constructing a new Sugarloaf fire station 410.
ITEM BACKGROUND: This resolution requests the transfer of a 47' wide section of the US-1
ROW in front of the Sugarloaf fire station (station 410) at no cost. The parcel is approximately 47'
wide by 220' long (along US-1) immediately in front of the existing station. The property is needed
to ensure there is sufficient property to construct a new station.
FDOT rules permit a no cost transfer when the purpose of the transfer is for a public purpose and the
recipient is a local government.
PREVIOUS RELEVANT BOCC ACTION:
22 SEP 2022 Approved a site access agreement to develop a public private partnership proposal
with Fortress Secure to construct a replacement fire station at the site.
CONTRACT/AGREEMENT CHANGES:
NO
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
BOCC Resolution- Transfer of Portion of Overseas Highway Right-of-Way to Accomodate
Construction of New Sugarloaf Fire Station (11-21-22) [Attorney Stamped & Signed- JXD]
Exhibit A - ROW request for FDOT
Exhibit B
FINANCIAL IMPACT:
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C.18
Effective Date: Upon Approval
Expiration Date: N/A
Total Dollar Value of Contract: N/A
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details: N/A
N/A
REVIEWED BY:
Kevin Wilson Completed 11/21/2022 10:50 AM
Joseph DiNovo Completed 11/21/2022 11:52 AM
Purchasing Completed 11/21/2022 11:55 AM
Budget and Finance Completed 11/21/2022 12:29 PM
Brian Bradley Completed 11/21/2022 1:42 PM
Lindsey Ballard Completed 11/21/2022 2:46 PM
Board of County Commissioners Pending 12/07/2022 9:00 AM
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C.18.a
RESOLUTION NO. -2022
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A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,
FLORIDA, REQUESTING THAT THE FLORIDA
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DEPARTMENT OF TRANSPORTATION (FDOT) 4-
CONVEY THAT PORTION OF THE U.S. 1
(FLORIDA STATE ROUTE 5) RIGHT-OF-WAY
(AS DESCRIBED IN EXHIBIT A) TO MONROE
COUNTY TO ACCOMMODATE THE
CONSTRUCTION OF A NEW FIRE STATION U
ON SUGARLOAF KEY FOR THE PUBLIC
PURPOSE USE AND ACCEPTING THE
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TRANSFER THEREOF. E
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WHEREAS, on or about July 20, 1966, the Sugarloaf Volunteer Fire >%
Department, Incorporated (SVFD) was created to provide fire suppression
services for the residents and businesses on Sugarloaf Key and the surrounding 0
community; and
WHEREAS, on August 31, 1968 and March 15, 1973, the SVFD was
conveyed property (as is more fully described in Exhibit B) on Sugarloaf Key for
the purpose of constructing the Sugarloaf Fire Station; and T
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WHEREAS, on or about October 30, 1967, construction of the Sugarloaf
Fire Station was completed; and
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WHEREAS, on or about August 15, 2012, due to the need to provide
Advanced Life Support Services, the SVFD and COUNTY reached a mutual
agreement to staff the Sugarloaf Fire Station with personnel from Monroe County 0
Fire Rescue; and 4-
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WHEREAS, SVFD and the COUNTY have been involved in litigation U)
in Sugarloaf Wi-Fi, Incorporated v. Sugarloaf Fire Department,
Incorporated, Kevin Gerard, Randall Livingston, et. al., Case No. 2017-
CA-0020-K and Board of County Commissioners of Monroe County v. g
Sugarloaf Volunteer Fire Department & Sugarloaf Wi-Fi, Incorporated, 2017- 0
CA-0631; and U)
WHEREAS, in an effort to resolve certain issues arising from this
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litigation, SVFD has agreed to convey its property (as described in Exhibit B) to U
the COUNTY and the COUNTY is pursuing the construction of a new fire station M
on Sugarloaf Key utilizing the process set forth in Section 255.065, Florida
Statutes; and E
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WHEREAS, the existing SVFD building is both inadequate to 0
accommodate the needs of a professionally staffed fire station and unsuitable to
house modern fire fighting and emergency services equipment and vehicles; and
WHEREAS, the proposal received by the COUNTY to construct a
new fire station pursuant to Section 255.065, Florida Statutes to assure
professional firefighting and emergency services capability envisions a larger
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facility that requires additional frontage along the U.S. 1 (Florida State Route 0
5) Right-of-Way to comply with the Monroe County Land Development
Regulations; and
WHEREAS, in accordance with Section 337.25(4)(b), Florida Statutes, U)
since the property is to be used for a public purpose, then property may be c0
conveyed without consideration to the COUNTY; and 2
WHEREAS, in accordance with FDOT's Right of Way Manual, Property
Management regarding Disposal of Surplus Real Property (Section 10.5.5,
Conveyances to Governmental Entities), the COUNTY, as the acquiring
governmental entity shall pay all cost associated with the closing (if any are
incurred) and FDOT shall prepare all necessary documents; and
WHEREAS, the parties are authorized pursuant to Section 125.01(m)
and Section 334.044(6), Florida Statutes to take such action;
NOW, THEREFORE, BE IT RESOLVED by the Board of County 3:
Commissioners of Monroe County, Florida, that:
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SECTION 1: The Monroe County Board of County Commissioners requests that
the FDOT convey the parcel described in Exhibit A to Monroe County for the
continued public purpose use as the Sugarloaf Fire Station for no consideration 0
and hereby authorizes the County Mayor to execute this Resolution on behalf of
Monroe County, and to execute any documents needed to support and complete
and accept conveyance of the Property from the FDOT to Monroe County.
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SECTION 2: Upon execution, this Resolution shall be effective and conveyed to L-
the FDOT, District VI, R/W/ Administration, 1000 NW lll�h Avenue, Room U)
6105-13, Miami, FL 33172 to be utilized as needed for conveyance of the parcel
described in Exhibit A.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting of said board on the 71h day of December, U)
A.D., 2022.
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Mayor Craig Cates
Mayor Pro Tem Holly Merrill Raschein
Commissioner Michele Lincoln u
Commissioner James K. Scholl
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Commissioner David Rice
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(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA
By By 0
Deputy Clerk Mayor/Chairperson
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MONROE C'O,UN7Y TTOMINiEY'' OFFNCE
APPROVED AS TO EOf1 0
1' JT OUiNWAWOFINEY E
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DATiE: _
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BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor David Rice,District 4
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The Florida Keys'` Mayor Pro Tem Craig Cates,District 1
1 Michelle Coldiron,District 2
James K.Scholl,District 3
Holly Merrill Raschein,District 5
11 August 2022 2
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Via electronic mail
Ms. Heather Branca
Florida Department of Transportation—District 6 _
1000 123rd street
Miami, FL 0
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SUBJECT: Request for Transfer of US-1 Right of Way to Monroe County
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The County is planning construction of a new fire station on Lower Sugarloaf Key to replace the L-
existing obsolete station. The property on which the existing station was built many years ago is small T
and inadequate for a modern fire station. The County requests that the Department surplus and transfer
a section of the US-1 Right of Way (ROW)to the County.
The section requested is approximately 47' x 220'section immediately in front of the existing County 0
parcel. The attached marked up aerial shows the County owned parcel, the portion of the ROW
previously transferred to the County for construction of the central sewer lift station (FDOT #4524), and
the parcel requested now. 2
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The resulting transfer, if approved by the Department, will eliminate a jog in the US-1 ROW and allow 0
the County to utilize ground space to meet the zoning and planning requirements as well as construct a
modern fire station. This will also ensure a higher level of emergency services to those using US-1 and 0
the local residents. U-
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Assuming the Department agrees to the transfer, please advise what next steps are required. U)
Respectfully, 2
Kevin G. Wilson, P.E. ;2
Assistant County Administrator X
cc: Ms. Judith Clarke, P.E.
Chief Steven Hudson
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1100 Simonton Streety wilson-kevin@monroecounty-fl.gov
Key West, FL 33040 305-797-1547
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Sugarloaf Fire Station#10 (117930-0001) and
Sewer Pump Station (118480 & DOT#4524)
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EXHIBIT
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-�° Morhir MECIAL WARFUNTY DErm. kEC 16 PACE 914
i FfA14 C:arpjmHoa.) -�OMa orrice.urrlr
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.Made this /ate day of August 1A8
Between RIMERSSURG COAL CO. , !`
a corporation existing under the laws.of the State of Florida :; 7 qn of
the Just part, Z.v
And SUGAR LOAF KEY VOLUNTEER FIRE DEPARTMENT INC, v
of the County of Monroe , State of Florida ,party of the;-aeeed Qri,
Witnesseth, that the said party of the first part,for and in consideration of 2
the sum of TEN DOLLARS ($10.00) --------------------------- and other
good and valuable considerations,to it in hand paid by the said part y of the
second part,the receipt whereof is hereby acknowledged,has Iran ted,bargained and
sold to the said party of the second part, its successors kairx and assigns
forever, the following described land, situate, lying and being in the County of ,LL
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Monroe ,State of Florida, to wit. cc
A Tract of la4d in a part of Gov't Lot 3, Sec. 3, T67S, R27E, on Sugar-
loaf Key, Monroe County, Florida and being more Particularly described
by metes and bounds as follows:
Commencing at the intersection of the West Line of Gov't Lot 3 and the
Northerly right-of-way line of U,S.Highway No. 1, bear North 56 degrees,
02 minutes and '38 seconds East along the Northerly right-of-way line of
U. S. Highway No, 1 for a distance of 644.56 feet to the Point of Begin-
ning of the tract of land hereinafter described; from said Point of
Beginning, continue bearing North 56 degrees, 02 minutes and 38 seconds
East along the Northerly right-of-way line of U. S. Highway No. 1,
110.0 feet; thence bear North 33 degrees, 57 minutes and 22 seconds
West, 100.0 feet; thence bear South 56 degrees, 02 minutes and 38 -
seconds West, 100.0 feet; thence bear Sou•t.!} 33 degrees, 57 minutes
aad 22 seconds East for a distance of 110:0 feet, back to the Point of 40—
Beginning, is
THIS IS. A CORRECTIVE DEED ADDING THE WORD "INC." TO PARTY OF SECOND PAT
.4nd the said party of the first part does hereby fully warrant the title to said
land, and will,defend the same against the lawful claims of all persons whomsoever
claimin��f__�'or=to claim the same! by, through and under the grantor herein,
Ra i"WR itnem Whereof, the said party of the first part has caused these Cr
Ri�o�'erats%q Ib�:signed in its name by its duly authorized ofjboers,and its corporate seal
5 &*be affl&W'thg day and year above written. �
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worp5r}a�e }
T� r� ,,:, •..rn
RIMERSBURG COAL CO. c
i'.�?t�rGtl ilea Uy
Secretary.
Sigritd! and Delive Our Pretence: By
President °
STATE Of FLOAloA
OOCUMENiiAAY
t � w� 4 ry,rt,�`. • SUR TAX a+
State of Florida,
g-j County Of DADE } �
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I HEREBY CERTIFY, That on this day,before me,an officer duly authorized in
ms the State and County aforesaid to take acknowledgments,. personally appeared
RADFORD R. CRANE and J. G. McKAY, JR., President and
z Assistant Secretary of Rimersburg Coal Co.
a known to me to be the individuals described in and who executed the foregnin
o k4-&Cru+%en.t a�td they acknowledged before me that they executed the same, ang
;�d, 044tJ.4.'lee'to the opcial seal of said corporation, and the said instrument is the
,dct and d of said corporation.
ES my hand and official seal in the State and County last resaid
Qf August ,.4. D. 1968.
'� 0'SIB. Of FLORM i RCE Q
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Y'.. --4 rode LZwoovoom
•,,,�t3'y,G�ETU' Ptission Expires � o ry Public, State of Florida,
A^AMS at Large
euIT CCNNT
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. WARRA*p£:O,SPCCIAL sej` 3� RAMCO FORM 331a
rncsa can.: a. ktc 691 PAGE 384
��tlS-$'Mal tarranty�I)efd Made ilia 15th day of March A. D. 19 73by
Rimersburg Coal Company
corporation existing under the laws of the State Of Florida , and having its principal place of
Lsinass of Miami, Florida
hereinaffer called the grantor.to The Sugarloaf Volunteer Fire Department
Sugarloaf Shores, Florida 33044
whose postaf fice address is Sugarloaf Shores, Florida 33044
hereinafter called the granfee:
{Wksrever need herein The lama 46jrrw1w" and "'ranee" 9whsde all the pardes to Clis 'nut and
the heirs. legal reprerentatl.es and m;X" of Individuals, and tke rmmwn and aalgess ofe+nu•eorporalioas)
Witnes A: That the grantor, for and in consideration of ilia sum of.$ 10.00----and other
ualuable considerations, receipt whareal is hereby acknowledged by these presents does grant. bar sin, sell, sfll.
nlion. romieP, release. convey and confirm unto the grantee, all first certain fund situate in bionr(jeto
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County, Florida, ufzt.
A tract of land Easterly of and adjacent to "THE 3UGAALOAF VOLUNTEER L
FIRE DEPARTMENT PROPERTY" on Sugarloaf Key, Monroe County, Florida dy�,r ,
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and being more particularly described by metes and bounds as fellers:o'
Being a part of Government Lot . , Section 14, T. 66S. , R. 27E. ,
commencing at the Southeast Corner of " T
THE SUGARIOAF VOLUNEER
FIRE DEPARTMENT PROPERTY" as described in Official Record Books ; to
OR415-48 and OR416-914, said Corner being the POINT OF BEGINNING ' u
of the tract of land hereinafter described and also being on the
Northerly right-of-way line of U. S. Highway No. 1, bear North f ,r ,
56 degrees, Q2 tp�nuted and 38 seconds East, along the Northerly ~ 0
right-of-way line of U. S. Highway No. 1, 100 feet; thence bear
North 33 degrees, 57 minutes and 22 seconds West, 110 feet; thence l � f
bear South 56 degrees, 02 minutes and 38 seconds West, 100 feet _ . .
to the Northeast Corner of ,THE SUGARLDAF .VOLUNTEER FIRE DEPARTMENT i ' LL
PROPERTY"; thence bear South 33 degrees, 57 minutes and 22 seconds 1, -
East, along the Easterly line of "THE SUGARYAAF VOLUNTEER FIRE }'
DEPARTMENT PROPERTY", 110 feet back to the POINT OF BEGINNING. or� r
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Toodketr with all the tenements, heredflamenis and appurtenances therelo belonging ar in any- 1'3
wise appertaining.
10 NAVC and to 1101d, the same in lea simple forauer. I=
find Otte pranfor hereby covarearels with said grantee that if is lawfully seized of said land in fee
simple; that it has good right and lawful,ouihority to sell and convey said land; that it hereby fully war.
rants:1-h Itf[e to sold land and will defend the same against Ilia Iawf ul claims of all persons claiming i;
,•"..dry. through or under the said grantor.
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�n joltneSS 01jereof ilia gronlor has cousad these presents to
(CORPORATT SEALt fie
axeculdd in its name,and its corporate seal to be hereunto of fixed, by its h e
proper officers thereurrfo duly authorized,the day and year first oboae written. .•
ATTEST: RG COAL COMPANY
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Signed, scaled and delivered In Ilia Prager— of:
[4y.... .......................... .. .................
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OFF.ICIAC RECORD BOO
.4C/•f...y �.a.,............. RECOFDED W FLORIDA
MONROE CbUNTY.
. RALPN lQf. WHITE r=,STAT '
OF CIRCUIT COURT, r1:
COUNTY
OF Florida, CLERItECORD yf flvFIED '� V
COUtJTY OF `
Dade,
t HEREBY CERTIFY rho on aka Ur, hetore au,as oflicsr duly awhari,ed in ehe Suns and Co••tr al•reaaid tbr�ak seka•..kdarne•ts•
prrsoaaey appra,.d \.
George A. Owen, Vice President
well kswwn m mr rn ke rkr 7GijC,'7f.><i and
rr"etivdy of the carp•adds* named as araater
in tha far.aafnsl dud, and .has they creamily adnosshnivel ssKulina he same i-a[he genera or.—,e,heerihias wisnesw(1-AY and wlrewaT
Incl., aWhorYr, dab sued Gn than hr raid eorpomsiaa and+hal the mat allied lb..uo fe the nee o•rporaea seal of mid eerpwasian-
WIT:VESS Car hand and oflirial mat in she Caansr and Ssase tsar aforeuid thi. 15th der at March •"•D.19 7.3.
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_.. .�Nownv �iIBLIC SPATE OF RUAIOA�at IAR,
Tftrr]ef31111iilGtt!prepared by: MY Cp;rtASSr^fl ExPrES On. 7. 1977
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