Resolution 452-2022 RESOLUTION NO. 452 -2022
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,
FLORIDA, REQUESTING THAT THE FLORIDA
DEPARTMENT OF TRANSPORTATION (FOT)
CONVEY THAT PORTION F THE U.S. 1
(FLORIDA STATE ROUTE 5) RIGHT-OF-WAY
(AS DESCRIBED IN EXHIBIT A) TO MONROE
COUNTY TO ACCOMMODATE THE
CONSTRUCTION F A NEW FIRE STATION
ON SUGARLOAF KEY FOR THE PUBLIC
PURPOSE USE AND ACCEPTING THE
TRANSFER THEREOF.
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
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
WHEREAS, on or about October 30, 1967, construction of the Sugarloaf
Fire Station was completed; and
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
Fire Rescue; and
WHEREAS, SVFD and the COUNTY have been involved in litigation
in Sugarloaf Wr-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.
Sugarloaf Volunteer Fire Department & Sugarloaf Wi-Fi, Incorporated, 2017-
CA-0631; and
WHEREAS, in an effort to resolve certain issues arising from this
litigation, SVFD has agreed to convey its property (as described in Exhibit B) to
the COUNTY and the COUNTY is pursuing the construction of a new fire station
on Sugarloaf Key utilizing the process set forth in Section 255.065, Florida
Statutes; and
WHEREAS, the existing SVFD building is both inadequate to
accommodate the needs of a professionally staffed fire station and unsuitable to
house modem 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
facility that requires additional frontage along the U.S. I (Florida State Route
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,
since the property is to be used for a public purpose, then property may be
conveyed without consideration to the COUNTY; and
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
Commissioners of Monroe County, Florida, that:
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
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.
SECTION 2: Upon execution, this Resolution shall be effective and conveyed to
the FDOT, District VI, R/W/ Administration, 1000 NW I I Vh Avenue, Room
6105-B, 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 7' day of December,
A.D., 2022.
Mayor Craig Cates Yes
Mayor Pro Tern Holly Merrill Raschein Yes
Commissioner Michele Lincoln Yes
Commissioner James K. Scholl Yes
Commissioner David Rice Yes
-2-
% BOARD OF COUNTY COMMISSIONERS
n Madok, Clerk OF MONROE C NTY, FLORIDA
By__. B
As Deputy Clerk Mafor/ iairperson
MONROE COUNTY ATTORNEYS OFFCE
APPROVED AS TO FORM
--�SWTWT COUNTY ATTORNEY
DATE:
-3-
Exhibit A
BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor David Rice,District 4
T'he Florida Keys Mayor Pro Tern Craig Cates,District I
Michelle Coldiron,District 2
James K.Scholl,District 3
Holly Merrill Raschein,District 5
11 August 2022
Via electronic mail
Ms. Heather Branca
Florida Department of Transportation—District 6
1000 123rd street
Miami, FL
SUBJECT: Request for Transfer of US-I it of Way to Monroe County
The County is planning construction of a new fire station on Lower Sugarloaf Key to replace the
existing obsolete station. The property on which the existing station was built many years ago is small
and inadequate fora modem fire station. The County requests that the Department surplus and transfer
a section of the US-I it of Way (ROW) to the County.
The section requested is approximately 47' x 220'section immediately in front of the existing County
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.
The resulting transfer, if approved by the Department, will eliminate ajog in the US-1 ROW and allow
the County to utilize ground space to meet the zoning and planning requirements as well as construct a
modem fire station. This will also ensure a higher level of emergency services to those using US-I and
the local residents.
Assuming the Department agrees to the transfer, please advise what next steps are required.
Respectfully,
Kevin G. Wilson, P.E.
Assistant County Administrator
cc: Ms. Judith Clarke, P.E.
Chief Steven Hudson
1100 Simonton Streety wilson-kevin@monroecounty-fl.gov
Key West, FL 33040 305-797-1547 C
LOWER SUGARLOAF KEY
rf „
0'4 �I ri
k�
ill
e
Ole
o i/
/ ra
oy
y 'AfW,
do I
,.
Sugarloaf Fire Station# D( 1)and
Sewer Pump Station (118480&DOT# 2 )
Red broken line area requested from
EXHIBIT
B
19�11d- kPECIAL WARRANTY DZIM REC 416 PAcE 91
r"M166 V b
]Para* )
.Made this v�/� day of August 9 cV 1�68
tWeen RIAMSBURGCOAL CO. , P..
�o 0
a corporation existing under the law@ of the State of Florida pq ty,s/
the first part, `'; y o
And SUGAR WAY KEY VOLUNTEER FIRS DEPARTMENT, INC.,'� v a
S'v ®at ,CI®f SNlrc,s• 7
Ire y war&r, A1.9 s s...o .1, !v n
of the County of Monroe ,State of Florida .party of Bh�.eec d Qri,
WitnefJSedl, that the said party of the first part,for and in consideration of
the sum of TIN DO %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 granted,bargained and
sold to the said party of the second part, its successors katex and assigns
forever, the following described land, situate, lying and being in the County of
Monroe .State of Florida, to wit:
A Tract of lattd in a part of Gov't Lot 3, Sec. 3, T678, 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-vay 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
Meet, 100.0 feet; thence bear South 56 degrees, 02 minutes and 38
seconds West, 100.0 feet; thence bear South 33 degrees, 57 minutes
sad 22 seconds East for a distance of 110.0 feet, back to the Point of
Beginning.
THIS 18 A CCMRZCTIVZ DEED ADDING THE WORD "INC." TO PARTY OF SECOND PAf T
rind the said party of the first part does hereby fully warrant the title to sald
land, and will defend the some against the lawful claims of all persons whomsoever
claimiq oe to claim the same, by, through and under the grantor herein.
:• R 1 itR Whereof, the said t o the r,t art has caused these
•�,,. ',, s Pam' ll / It P
R. eats cr"b6signed in its name by its duly authorized oflLoers,ond its corporate seal
Agbe df' day and year above written.
m
` �'orpEJia2e
C.:1 r RIMMBURG COAL CO.
�a •, G, Secretary. (��,
S' a aad Delire . By
1A411411
7 President
is s �id `tp, STATE Of F1000A
`a DOCUMENfMY
IA.
E State of Florida,
� ® County of DADS . .
1 HEREBY CEIMFY, That on this day,before me,an oXcer duly authorised in
the State and County aforesaid to take aoknowledgments,,personally appeared
RADFORD R. CRANE and J. G. McKAY, JR., President and
Assistant Secretary of Rimersburg Coal Co.
known to me to be the individuals described in and who executed the foregoin
itastfue one.•alitp! the acknowledged before me that they executed the same, ans
a g' ctJ veto the of�icial seal of said corporation, and the said instrument is the
cc anc7 QG of said corporation.
my hand and official seal in the State and County lost resaid,
l°-day Qf August ,d• D. 1968.
bpi fs� o. At W
`cat. RT•' ,� 3,6628®
•� ti..pyLeN .'g® A••'
1 •,,,�'y; oo'tission Expires o ry Public, State of Florida,
,...,,. ��o,• at Large
Cow.. of�sRwr cou**
wAaaA ® or[o,a®LeIAL �f 't RC. PAGE aaaco roast aaa
FROM CORP.
6�
384
" cif nty" tfd Mad. the 15th day of March A.D. to 73by
Rimersburg Coal Company
a corporation exislino under the laws of the State Of Florida ,and hoeing its principal place of
business at hliami, Florida
hereinafter called the grantor.to The Sugarloaf Volunteer Fire Department
Sugarloaf Hhores, Florida 33044
whose poslofficeaddressis Sugarloaf Shores, Florida 33044
herein®fler called the grantee:
iwk= Wd Aen7ft eM aM.r 'r W^ .,d '•'ra '° 6rd4 ,e 14 ►.rrk. w d•k 'bl. M ..®
g Mira ^•M deer ,d d 1 Rod ere a W N wtasd•ar)
ltQ stth: Thai the greater,for and in consideration of Ile sum of s l0.00----and other
ealuchle eonsiderallons, receipt whereof to hereby acknowledged by these presents d-es grant. bargain, sell. 'ills:
allen. ramie®, rrltas®, conaay and confirm unla the errantde, all that certain land suuor. in U011rue $`t
County Florida. ulzi
re1
A tract of land Easterly of and adjacent to "THE SUGARLOAF VOLUNTEER Gel
FIREDEPARTMENT PROPERTY" on Sugarloaf y, Monroe County, Florida a:1;:J ,
and being more particularly described by notes and bounds as follorscc;
Being a part of Government Lot . , Section 44, T. 66S., R. 27E., c ?.i-
co encing at the Southeast Corner of "THE SUGARLOAF VOLUNTEER
FIRE DEPARTMENT ' as described in Official Record Books 4 u
0 15-48 and OR416-814, said Corner being the POINT OF BEGINNING
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 �:..
56 degrees, Q2 %Anuted and 38 seconds last, along the Northerly '• °°
right-of-way line of U. S. Highway No. 1, 100 feet; thence bear "'✓1
North 33 degrees, 57 minutes and 22 seconds Nest, 110 feet; thence
bear South 56 degrees, 02 minutes and 38 seconds West, 100 feet
to the Northeast Corner of "THE SUGARLOAF VOLUNTEER FIRE DEPARTMENT f ,
PROPERTY"; thence bear South 33 degrees, 57 minutes and 22 seconds 1,
East, along the Easterly line of "THE SUGARLOAF VOLUNTEER FIRE6..
DEPARTMENT PROPERTY", 110 feet back to the POINT OF BEGINNING.
Pt`ttr with all ohs tenements, hereditaments and appurtenances Ihenlo belonging or In any- �I',;It
wise appertaining. IIII I
o zee and to kold, the eam.In fee seraph for:..Rnd
the grantor hereby cownanis udlk said grantee that It is lawfully seized of said load in fee
simplq. that it has good right and lawful authority Io sell and convey sold land: that it hereby fully war-
mrnts'tlte till. to said land and will defend the same against the lawful claims of all persons claiming
by. Ihrowgh or under the said grantor. i•:' •,.r
n Witness hereof the grantor has caused those presents to
(CORFORATR S[AL) he executed In its name•and its corporato goal to b. hereunto affixed,by its It Q
proper office"[hereunto duly aeelhorizod,the day and year first abut»uxil)on.
ATTEST'. ./ . . ..L ERSBURG COAL COMPANY
Signed, staled and delitwed In the Presence of:
sees .. .. ........... y ® r .l
1 I //� Q EO IN OFF.I�IAC RECORD B :,
RE COUNTY. FLORiDA
MONROE WIitTE r ,
MPH �• -•�
STATE OF Florida® CtIRK OF CInCUlT COURT, ti
COUNTY OF . RECORD ViRlfltsO . V
Bade, s.
t "LR[aY C[kTIrY 16I ,n 4w err.hint•we,,® •apt asp is M•gwM,M Cw•q.1m.4 Aru4
r..�ww•t�..rr+ George A. Owen, Vice P'reaident C
wL Ire■ I• a. M k fin •.d ► M des eeayp.l{tw .wed n r•.w °'
i. A. 1—ptim deed. rd dwe Iwr—lay wI --mi t de••web IM,®.was•1 Iw '•41 rNarr k.etr a"wb•m.er
ender .•Roar d•i,wed.. dwa M will erears".zed" din na,Irked llw•w k Ao 1M•rw.w Mel 01"W••atw""
wtT..4Eu .y k..d ..d.trkw w,I i. w ." "d sate to" Ire 15th d.,r March It 73.
__. _• seer
Th' bmruntau prpalyd by: low AM VAR OF 11040 d IME
uY CO.-us1C'A wilts em 7. 1177
Adder
I�� �° y::: Mr' i� �i II ill,w
i;,
� ,�%�
�;�_-,
°`� i
��, I
i �u�' � , id � � � � o>
" � '�� � �� N�ui u �
� ;,, ��;
,�
� t
�' ,r,
„ ry
���//,/� �' off 11
l i�l�"
P � ,
�,r���� � �� `��» ��H liar',, ;,,� ,�„� j,,,