Item S4 016
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5
Michelle Lincoln,District 2
James K.Scholl,District 3
David Rice,District 4
Board of County Commissioners Meeting
September 20, 2023
Agenda Item Number: 016
2023-1569
BULK ITEM: Yes DEPARTMENT: County Attorney
TIME APPROXIMATE: STAFF CONTACT: Joseph DiNovo
AGENDA ITEM WORDING: Approval of the Assignment of Easement previously granted by the
U.S. Navy to Monroe County to the State of Florida, Department of Management Services (DMS) for
access to and operation of the Communication Tower at Sigsbee Naval Station.
ITEM BACKGROUND:
On August 19, 1985, the United States Department of the Navy granted an easement to Monroe County
(Easement No. N62467-85-RP-00158) to permit the construction and operation of a communication
tower at Sigsbee Naval Station, 800 Maine Street; Key West, Florida. On June 21, 2023, Monroe
County conveyed the communication tower to the State of Florida, Department of Management
Services. The conveyance was intended to permit the State of Florida to repair and/or reconstruct the
communication tower previously owned by Monroe County. This assignment of Easement No. N62467-
85-RP-00158 will therefore provide the State of Florida with access necessary for the state to
repair/reconstruct and operate the tower.
PREVIOUS RELEVANT BOCC ACTION:
6-21-2023 BOCC approved the First Amendment and Partial Termination of the Interlocal
Agreement between the Monroe County Board of County Commissioners and the School Board of
Miami-Dade County, to remove the Communication Tower at Sigsbee Naval Station as a location for
the siting of School Board communication equipment to facilitate the transfer of the tower to the State
of Florida, Department of Management Services (DMS).
6-21-2023 BOCC approved the Bill of Sale for the transfer of the Communication Tower at Sigsbee
Naval Station from Monroe County to the State of Florida, Department of Management Services
(DMS).
CONTRACT/AGREEMENT CHANGES:
N/A
1
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Assignment of Easement to State of Florida from Monroe County
FINANCIAL IMPACT:
No financial impact.
2
All correspondence pertaining to this
Easement must include reference to:
File Number: EO-10369
Instrument Number: N69450-23-RP-00034
ASSIGNMENT OF EASEMENT
THIS ASSIGNMENT OF EASEMENT is made this day of , 2023,
by the Board of County Commissioners of Monroe County, Florida, a political subdivision of
the State of Florida, hereinafter called the "COUNTY," (Assignor)to the State of Florida,
hereinafter called the "STATE," (Assignee).
A. The United States of America owns certain real property identified as Sigsbee
Park, Naval Air Station Key West, Florida, hereinafter called the "Station,"which includes a
parcel of land comprising approximately .057 acre, as more particularly described in Exhibit
A, attached hereto and incorporated herein, hereinafter called the "PREMISES."
B. On 19 August 1985, the United States of America, acting by and through the
Department of the Navy, granted that certain Grant of Easement, Contract Number N62467-
85-RP-00158, attached hereto and incorporated herein as Exhibit B, hereinafter called the
"Grant of Easement,"to the COUNTY, for the construction, installation, operation,
maintenance, repair, and replacement of a television translator tower on the PREMISES for a
term of fifty (50) years.
C. On 21 June 2023, the COUNTY transferred all ownership and responsibility of the
television translator tower and all related tower assets located on the PREMISES to the
STATE.
D. The United States of America, acting by and through the Department of the Navy,
consents to the assignment of the Grant of Easement to the STATE for the remaining term.
NOW THEREFORE, the COUNTY, in consideration of the STATE's assumption of
all rights, responsibilities, obligations, and conditions contained within the Grant of
Easement, and other good and valuable consideration received from the STATE, the receipt
of which is hereby acknowledged, does hereby assign all rights, responsibilities, obligations,
conditions, and interest in and to the Grant of Easement to the STATE.
1. All terms and conditions of the Grant of Easement shall remain unchanged.
2. List of Exhibits
Exhibit A: Legal Description of Easement Premises
Exhibit B: Grant of Easement No. N62467-85-RP-00 15 8
Page 1 of 9
Out-Easement:N62467-85-RP-00158
All correspondence pertaining to this
Easement must include reference to
Instrument Number: N62467-85-RP-00158
IN WITNESS WHEREOF, the parties hereto have caused this ASSIGNMENT OF
EASEMENT to be executed by their duly authorized representatives as of the day and year first
written above.
(SEAL) BOARD OF COUNTY
COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Attest: Kevin Madok, Clerk
By: By:
As Deputy Clerk Mayor/Chairman
Date: Date:
MONROE COUNTY ATTOMNEYS OFFICE
APPROVED AS TO FORM
DINWO
SST VT COUNTY ATTORNEY
DATE:
Page 2 of 9
Out-Easement:N62467-85-RP-00158
All correspondence pertaining to this
Easement must include reference to
Instrument Number: N62467-85-RP-00158
IN WITNESS WHEREOF, I have caused this ASSIGNMENT OF EASEMENT to be
executed on the date indicated above.
ASSIGNEE:
STATE OF FLORIDA
Department of Management Services,
By:
DENISE ADKINS
Director
SIGNED AND SEALED IN
OUR PRESENCE:
Signature of 1 st witness Printed name of 1st witness
Signature of 2nd witness Printed name of 2nd witness
STATE OF FLORIDA )
COUNTY OF LEON )
The foregoing instrument was acknowledged before me by means of[ ] physical presence or [ ]
online notarization, this day of
2023, by Denise Adkins as the Director, State of Florida Department of Management
Services, who is personally known to me or provided as identification.
Notary Public
My commission expires:
{Notary Seal}
Page 3 of 9
Out-Easement:N62467-85-RP-00158
All correspondence pertaining to this
Easement must include reference to
Instrument Number: N62467-85-RP-00158
The United States of America consents to this ASSIGNMENT OF EASEMENT.
GRANTOR:
UNITED STATES OF AMERICA
Acting by and through the Department of the Navy
By:.
FERDINAND L. SALOMON
Real Estate Contracting Officer
Naval Facilities Engineering
Systems Command Southeast
Page 4 of 9
Out-Easement:N62467-85-RP-00158
All correspondence pertaining to this
Easement must include reference to
Instrument Number: N62467-85-RP-00158
EXHIBIT A
LEGAL DESCRIPTION OF EASEMENT PREMISES
A parcel of land at Sigsbee Park, Monroe County, Florida and being described as follows:
The coordinates cited in this legal description are in the North American Datum of 1927
(NAD27). Begin at a point having coordinates of X=245,378.61 Y=91,545.75 (X=401,611.65
Y=91,702.84 US Survey Feet North American Datum 1983/2011)based on USC&GS Mercator
Grid System for the East Zone of Florida and run thence South 13'47'11" West for a distance of
50 feet; thence North 76°12'49" West for a distance of 50 feet; thence North 13'47'11" East for
a distance of 50 feet; thence South 76°12'49" East for a distance of 50 feet back to the Point of
Beginning.
The area of the prescribed parcel is approximately .057 acre.
Page 5 of 9
Out-Easement:N62467-85-RP-00158
EXHIBIT B All correspondence pertaining to this
Easement must include reference to
GRANT OF EASEMENT Instrument Number: N62467-85-
RP-00158
C.ANT 01F EASEMENT
N62467-85-RP-00158
THIS INDENTURE, made the 19 t h day Of Pkugus t -1,985
between the United States of America, herein called the Government, acting
through the Department of the Navy, and Monroe County, FL, herein called the
Grantee.
WHEREAS, the Government owns that certain real property identified as
Si,gsbee: Park, Naval Air Station, Key West, FL, herein called the Station; and
WHEREAS, the Grantee has requested an easement for the construction,,
installation, operation, maintenance, repair, and replacement of a television
translator tower, herein called the tower, on that portion of the Station
hereinafter described; and
WHEREAS, the Secretary of the Navy 'has found that the granting of
such easement on the terms and conditions hereinafter stated will not be
incompatible with the public interest:
NOW THEREFORE, this indenture witnesseth that, in consideration of
Five Thousand Eight Hundred Wenty-Five and no/100 Dollars (45,825.00) paid by
the Grantee to the Government", f e government hereby grants to the said Monroe
County and its successors and assigns, for a period of fifty 0 ......y ars from
the date hereof, an easement for the construction, Instaliation, oper' ation,
maintenance, repair and replacement of a television translator tower, such
easement being an that portion of the Station hereinafter called the Premises,
and described as follows:
A parcel of land at Sigsbee Park, Monroe County,
Florida and being described as follows:
BEGIN at a point having coordinates of X-245,378.61
Y-91,545.75 based on USC&GS Mercator Grid System for
the East Zone of Florida and run thence South 130
471 11" West for a distance of 50 feet , thence North
760 12' 49" West for a distance of 50 feet; thence
North 130' 47' 11 - East for a distance of 50 feet;
therLce South 760 121 /49" East for a distance of
50 feet back to the Point of Beginning. .,I" � F"
Approximate location is as shown on a .map marked "EXHIBIT A,- attached hereto
and made a part hereof.
This, easement is granted subject to the following terms and
conditions:
Page 6 of 9
Out-Easement:N62467-85-RP-00158
All correspondence pertaining to this
Easement must include reference to
Instrument Number: N62467-85-
RP-00158
I. A fence will be constructed by the Grantee around the tower in
order to restrict access, and appropriate R—F radiation hazard signs will be
posted.
2. All work in connection with the construction, installation,
operation, repair and replacement of the tower and fence shall be done without
cost or expense to the Government, and in accordance with plans previously
approved by the Commanding' Officer of the Southern Division, Naval Facilities
Engineering Command.
3. the Grantee shall maintain the Premises and the tower in good
condition at all times, and shall promptly make all repairs thereto that may
be necessary for the preservation of the condition of the Premises: and the
continued operation and maintenance of the tower.
4. The Grantee's rights hereunder shall be subject to such
reasonable rules and regulations as may be prescribed by the Government to
assure that the exercise of such rights will not interfere with Government
activities at the Station.
5. Upon the termination of this easement, the Grantee, at its
.expense, shall remove, to the extent requested by the Government, improvements
installed or constructed hereunder, and shall restore the Premises to the same
or as good a condition as that which existed prior to the exercise by the
Grantee of its rights hereunder. Such restoration shall be done in a manner
satisfactory to the Commanding Officer of the Southern Division, Naval
Facilities Engineering Command.
6. If at any future time, the Government determines that the tower,
or any portion thereof, unduly interferes with any of its activities, it shall
have the right to terminate this easement, in whole or in part, to the extent
necessary to eliminate such interference; PROVIDED that, unless the Government
shall have determined that relocation is not feasible, it shall convey to the
Grantee, without charge, a substitute easement permitting the Grantee to
relocate the tower on adjacent Government property, at the Grantee's .cost and
expense. The substitute easement shall contain the same terms and conditions
as those of this easement, and shall bear the same expiration date.
7. All or any part of this easement may be terminated upon failure
by the Grantee to comply with any of its terms and conditions; upon
abandonment of the rights granted herein; or upon nonuse of such rights for a
period of two consecutive years.
8. The Government may use the Premises of this easement for any
purpose that does not unreasonably interfere with the use and enjoyment by the
Grantee of the rights granted by this easement.
2
Page 7 of 9
Out-Easement:N62467-85-RP-00158
All correspondence pertaining to this
Easement must include reference to
Instrument Number: N62467-85-
RP-00158
IN WITNESS WHEREOF, the Government, acting through the Department of
the Navy, has caused this instrument to be executed the day and year written
first above.
WITNESS UNITED STATES OF AMEPICA
. BY ,
Contracting Officer
STATE OF SOUTH CAROLINA )
COUNTY OF CHARLESTON )
Personally appeared before me Marlene F. Villamon who being
duly sworn, says that she saw the within named W. M. Robinson Jr. sign
and seal the foregoing Grant of Easement, in behalf of the United States of
America, and that, she with Rosie P. Dursse w > witnessed the
execution thereof.
Sworn to before me this 19th day of _ August 1985,
Judith H. Owens , Notary Public for the State of South
Carolina.
rAy COM%JISSION EXPIRES 8.17-1994
s
Page 8 of 9
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Liz Yongue
From: Gomez-Krystal <Gomez-Krystal@MonroeCounty-FL.Gov>
Sent: Monday, September 18, 2023 1:54 PM
To: Ballard-Lindsey; County Commissioners and Aides; Kevin Madok; Pamela G. Hancock;
Senior Management Team and Aides; Liz Yongue; InternalAudit
Cc: Gastesi-Roman; Shillinger-Bob; Williams-Jethon; Cioffari-Cheryl; Livengood-Kristen;
Rubio-Suzanne; Pam Radloff; County-Attorney; Allen-John; Danise Henriquez; Saenz-
Stephanie; Hurley-Christine; Rosch-Mark; Gambuzza-Dina; Beyers-John
Subject: RE: Add On item 016 BOCC 9/20/2023
Correction-Once approved,this will be considered Add On Item S4.
From: Gomez-Krystal <Gomez-Krystal@ Mon roeCounty-FL.Gov>
Sent: Monday, September 18, 2023 12:43 PM
To: Ballard-Lindsey<Ballard-Lindsey@ Mon roeCounty-FL.Gov>; County Commissioners and Aides
<County_Commissioners2@monroecounty-fl.gov>; Kevin Madok<kmadok@ Mon roe-Clerk.Com>; Pamela G. Hancock
<phancock@monroe-clerk.com>; Senior Management Team and Aides
<Senior_Management_Team_and_Aides@ Mon roecounty-fl.gov>; Liz Yongue<eyongue@monroe-clerk.com>;
'InternalAudit@monroeclerkFL.onmicrosoft.com' <InternalAudit@monroeclerkFL.onmicrosoft.com>
Cc: Gastesi-Roman <Gastesi-Roman@MonroeCounty-FL.Gov>; Shillinger-Bob<Shillinger-Bob@ Mon roeCounty-FL.Gov>;
Williams-Jethon <Williams-Jethon@MonroeCounty-FL.Gov>; Cioffari-Cheryl <Cioffari-Cheryl@MonroeCounty-FL.Gov>;
Live ngood-Kristen <Livengood-Kristen@ Mon roeCounty-FL.Gov>; Rubio-Suzanne<Rubio-Suzanne@MonroeCounty-
FL.Gov>; Pam Radloff<pradloff@monroe-clerk.com>; County_Attorney<Cou nty_Attorney@ Mon roeCou nty-FL.Gov>;
Allen-John <Allen-John@MonroeCounty-FL.Gov>; 'Danise Henriquez' <d hen riquez@monroe-clerk.com>; Saenz-
Stephanie<Saenz-Stephanie@ Mon roeCounty-FL.Gov>; Hurley-Christine<Hurley-Christine@ Mon roeCounty-FL.Gov>;
Rosch-Mark<Rosch-Mark@ Mon roeCounty-FL.Gov>; Gambuzza-Dina <Gambuzza-Dina@MonroeCounty-FL.Gov>;
Beyers-John <Beyers-John@MonroeCounty-FL.Gov>; Gomez-Krystal <Gomez-Krystal@ Mon roeCounty-FL.Gov>
Subject:Add On item 016 BOCC 9/20/2023
Good afternoon,
Please be advised,the following Add On Item is set for inclusion day-of meeting prior to the approval of the Agenda:
"Approval of the Assignment of Easementpreviously granted by the U.S. Navy to Monroe County to the State of
Florida, Department of Management Services (DMS)for access to and operation of the Communication Tower
at Sigsbee Naval Station. "
The Agenda Item Summary is attached.Once approved,this will be considered Add On Item 016.
Sincerely,
Executive Administrator
Monroe County Administrator's Office
i
1100 Simonton Street, Suite 2-205
Key West, FL 33040
(305)292-4441 (Office)
(305)850-8694(Cell)
Courier Stop#1
Notary Public
vier o n rye c_ u�n jy-�:V_e.gpy
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 THE PUBLIC AND MEDIA UPON REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECT TO PUBLIC DISCLOSURE.
2