Resolution 004-1992 r
Planning Department
RESOLUTION NO. 004-199Z
A RESOLUTION DECLARING THE SUPPORT OF THE
COUNTY COMMISSIONERS OF MONROE COUNTY, FLORI-
DA, OF LEGISLATION TO EXCLUDE. ROBBI.E SAFE
HARBOR MARINE ENTERPRISES, INC. FROM THE
COASTAL BARRIER RESOURCES SYSTEM
WHEREAS, the. Florida Keys have been designated by the Legis-
lature of the State of Florida as an Area of Critical State Con-
cern requiring the development and implementation of a comprehen-
sive plan and land development regulations; and
WHEREAS, the State and County statutes, ordinances and guide-
lines require protection of the shoreline and marine resources
including mangroves, coral reef formations, seagrass beds, wet-
lands, fish and wildlife and their habitat, as well as upland
resources and habitat; and
Whereas, Robbies Safe Harbor Marine Enterprises, Inc. has been
included by the Federal Government in its Coastal Barrier Resourc-
es System; and
WHEREAS, prior to the effective date of the Coastal Barrier Re-
sources Act, on October 18, 1982 this was a fully developed and
operational marina ;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, that it supports the necessary
legislation to remove Robbies Safe Harbor Marine Enterprises,
Inc. from the Federal Coastal Barrier Resource System
PASSED AND ADOPTED
by the
Monroe County
Board
of
Commissioners of Monroe County,
Florida, at a regular meeting
of said board held on the1.!.h day of, January
A.D., 1992.
Mayor Harvey Yes
Mayor Pro Tern London Yes
Commissioner Cheal Yes
Commissioner Jones Yes
Commissioner Stormont Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By ~"'~1l'....-v~..1.-~~ ...~
Mayor/Chairman
(SEAL)
Attest :DANNY Ia. lCOiBAGE Clerk
, ,
APPROVED AS r" .r,",~"~
By~~~'~- '-
A,,_.,.~,..,
Date I-z..-- &)- 9'{,_
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Clerk
December 12, 1991
State of Florida, Department
of Community Affairs
Post Office Box 990
Key West, FL 33041
Dear DCA Representative:
Enclosed please find the attached photocopies of the following
Flood Variance Application(s):
1. Lawrence E. Van Arkel
2. Lynn & Georgia Mapes
3. Robbies Safe Harbor Marina Enterprises, Inc.
Sincerely, ~ <
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Dianne Bair,
FEMA Coordinator/SPC
Transmitted and hand delivered to the State of Florida, Depart-
ment of Community Affairs on:
Monroe County Building Department
Received by:
'I\;
Department of Community Affairs
FMTRANSM.DCA/TXTMDB
ROBBIES SAFE HARBOR MARINE ENT. INC.
P.O.BOX 86
ISLAMORADA, FLA 33036
MARINA LOCATION
END OF OLD SHRIMP RD., STOCK ISLAND
12-5-91
MONROE COUNTRY PLANING
DIANE BAIR
REa ROBBIES SAFE HARBOR MARINE ENTERPRISES , INC
PROPERTY
FORMER SAFE HARBOR BOAT REF AIR, INC
(4-J-FL- 914)
PURCHASED FROM i OFFICE OF REX;IONAL COUNSEL
GSA, REX;ION IV, ATLANTA, GA
WE ARE '~!Cllmlnmt R~UESTING A RESOLUTION FROM THE MONROE COUNTRY BOARD OF
COMMISIONERS TO REMOVE THIS PROPERTY FROM THE COASTAL BARRIER PLAN.
THANK YOU", Il ;/
, /~Yr
~~.RECKWERDT PRES.
M E M 0 RAN DUM
TO: Bob Herman, Director, GMD
FROM: Dianne Bair, FEMA coordinator~
DATE: June 3, 1991
SUBJECT: FL 57 and Safe Harbor Property
Pursuant to the attached request I am submitting the following
findings:
This property was confiscated by the Federal Government in
1982. In June of 1990 it was listed by the U.S. General Servic-
es Administration for auction. R.E. Reckwerdt submitted the
high bid in November 1990, and the property was sold to him.
Also, in November of 1990 the "Coastal Barrier Resources Act of
1990" became law and this property was included in unit FL 57.
During the 1987 public hearings held in Monroe County by the
Department of the Interior for the purpose of taking public input
for recommendations for additions or deletions, this property was
owned by the Federal Government and had been for some time.
There were no recommendations to delete the property from unit FL
57.
I spoke to Frank McGilverey, CBRS Coordinator, with regard to
Monroe County recommending this property be deleted under "TECHNI~
CAL REVISIONS OF MAPS; MODIFICATION TO BOUNDARIES; ADDITIONS TO
THE SYSTEM". However, because this section of the Public Law is
for the purpose of minor and technical changes for clarifica-
tion and is generally looking to expand a boundary not delete
~and due to the size of the property, that process would not
be the appropriate vehicle. That process is specifically used
in the event a unit boundary cuts through the center of a condo-
minium project. This would be both minor and technical as it is
not the intent to include a part of a condominium in the system
and not the other part. The boundary could be changed to ex-
clude the entire condominium from the CBRS.
I was advised that is would take an act of legislation presented
by the State Representative or Senator to delete the property at
this time. The property owner seeking the deletion must request
the State Representative or Senator to present such legislation
to Congress. Monroe County should provide a resolution declar-
ing support for such legislation the same as was done for Brian
Schmidt on Crawl Key.
In researching the property, aerial photographs dating back to
1954 show the development in progress. The finished project
consists of a completely developed Marina including 3 buildings
of approximately 20,400 square feet, 1,350+ feet of concrete
bulkhead 150+ feet of concrete breakwater and 750,000 gallon
capacity tank farm. A resolution declaring support for the
exclusion of this property from FL 57 is appropriate.
MEMO. o 28/TXTMDB
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OAS'TAL. 27
This map has been produced by the U.S. Fish
and Wildlife Service from a set of maps adopted
by Congress pursuant to the Coastal Barrier
Improvement Act P .l. 101-591 and supersedes
all previous maps prepared by the Service
concerning undeveloped coastal barriers. The
boundary detineatlon of this map is identical to
that adopted by Congress.
KEY WEST
Penmeter lines on maps and photographs are approximate only. They are nOI presented as,
and must not be construed to represent, the legal boundarIes of the oHered property.
U,S Highway 1
5th St.
5th Avenue
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INvITATION To Brn
23.48+ Acres
(10.5+ Acres Upland, 12.98+ Acres of ChAnnel Bottom)
End of Old Shrimp Road, Stock Island
Monroe County, Key West, Florida
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The u. S. General Services Administration, on behalf of the U. S. Attorney, Southern District
of Florida, invites you to bid on this prime Marine/Industrial deep water facility located in
the greater Key West, Florida, area.
f
Auction Date:
June 21, 1990 - 11:00 a.m. (On Site)
Bid Deposit:
A bid deposit of $250,000 is required for
registration. Bid deposit should be in the form of
a cashier's or certified check endorsable to the
General Services Administration.
Terms:
All cash/as-is (60 days to close).
Property
Inspections:
A GSA representative will be on site: April 20-21,
May 22, June 20 (10:00 a.m. - 3:00 p.m.)
Additional
Information:
Contact: Bill Holcombe
General Services Administration (4DR)
75 Spring Street, SW, Rm. 818
Atlanta, Georgia 30303
(404) 331-2697
RECEIVED
MAY 3 1990
MONROE COUf~T (
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SITE PLAN
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Additional information concerning the property may be obtained from the following:
State of Florida
Monroe County
Florida Department of Natural
Resources
Division of State Lands
Bureau of Submerged Lands
Management
11400 Overseas Hwy., Suite 121
Marathon, Florida 33050
(305) 743-4508
Planning & Zoning Department
5825 Jr. College Road, West
Stock Island
Key West, Florida 33040
(305) 294-2908
Florida Department of Environmental
Regulations
11400 Overseas Hwy., Suite 123
Marathon, Florida 33050
(305) 743-5955
Property Appraiser
SOO Whitehead Street
Key West, Florida 33040
(305) 294-6656
Florida Department of Natural
Resources
Division of Beaches and Shores
Bureau of Coastal Engineering &
Regulations
3900 Commonwealth Blvd.
Tallahassee, Florida 32399-3000
(904) 487-4475
Division of Environmental Resources
5825 Jr. College Road, West
Stock Island
Key West, Florida 33040
(305) 294-5487
Utilities
Florida Keys Aqueduct Authority
1100 Kennedy Drive
Key West, Florida 33041-1239
(305) 296-2454
U. S. Government
U. S. Army
Corps of Engineers
Engineering Regulatory Office
P.O. Box 1619
U. S. Highway 1
Big Pine Key, Florida 33'?43
(305) 872-3205 (Vic Anderson)
City Electric System
1001 James Street
Key West, Florida 33041
(305) 294-5272
2
PROPERlY DATA
Access:
Via an easement situated at the End of Old Shrimp
Road.
Land Area:
23.48.:t Acres (l0.5.:t Acres Upland - 12.98.:t Acres
Channel Bottom)
Improvements:
3 Buildings, approximately 20,400 sq. ft.
1,350:t. foot Concrete Bulkhead
150:t. foot Concrete Breakwater
750,000 Gallon capacity Tank Farm
Zoning:
Potential Marine Industrial (M-I)
Utilities:
Public water and electricity.
SPECIAL ThRMS &
CONDffiONS OF SALE
1. Acceptance of the Offer to Purchase and the award of sale are subject to the approval of
the United States Attorney, Southern District of Florida.
2. This property is being offered for sale, subject to a month-ta-month lease in the amount
of $350.00 per month. Copy of the lease is available upon request.
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LEGAL DESCRIPTION
A parcel of filled and submerged land consisting
of part of the area described in I. I. Deed 20793
and located southerly of Block 57 according to the
plat of McDonald's Plat of Part of Stock Island
dated 1910, recorded in Plat Book 1 at page 55 of
Monroe County Official Records and is more
particularly described as follows:
From the northwest comer of Block 57, according
to said plat go' easterly along the southerly line of
Fifth A venue a distance of 500 feet to a point;
thence at right angles and southerly a distance of
2242.52 feet to a point; thence at right angles and
easterly a distance of 1066.72 feet to a point which
point is the point of beginning; thence continue
easterly along the prolongation of the previously
described course a distance of 515.53 feet to a
point; thence southeasterly making a deflection
angle of 77 degrees 25 minutes with the
prolongation of the previously described course a
distance of 1536.92 feet to a point; thence westerly
making a deflection angle of 102 degrees 35
minutes with the prolongation of the previously
described course a distance of 848.36 feet to a
point; thence northerly and at right angles a
distance of 1500 feet back to the point of
beginning. Containing 23.48 acres, more or less.
EASEMENT DEsCRIPTION
A parcel of land on Stock Island, Monroe County,
Florida; and being described as follows:
Commence at the Northwest comer of Block 57 of
McDonald's Plat of a part of Stock Island as
recorded in Plat Book 1 at page 55 of Public
Records of Monroe County, Florida and run thence
South 6 degrees 56 minutes East along the North
boundary line of said Block 57 for a distance of
470 feet to the Point of Beginning of the parcel of
land being described herein, thence run South 6
degrees 04 minutes West for a distance of 1283.02
feet; thence run South 41 degrees 58 minutes East
for a distance of 40,35 feet to the Southeast comer
of TIIF Deed No. 24078 and the West boundary
line of TIIF Deed No, 20083, thence run South 6
degrees 04 minutes West along the West boundary
of said TIIF Deed No, 20083 for a distance of
932.25 feet to the Southwest comer of said TIIF
Deed No. 20083; thence run South 83 degrees 56
minutes East along the South boundary line of
said TIIF Deed No, 20083, the South boundary line
4
of TIIF Deed No. 19837-A and the North boundary
line of TIIF Deed No, 20793 for a distance of
1116.72 feet; thence run North 6 degrees 04
minutes East for a distance of 10 feet; thence run
North 83 degrees 56 minutes West for a distance
of 1086.72 feet; thence run North 6 degrees 04
minutes East for a distance of 915.62 feet; thence
run North 41 degrees 58 minutes West for a
distance of 40.35 feet to the West boundary line of
said TIIF Deed No. 20083 and the East boundary
line of said TIIF Deed No. 24078; thence run
North 6 degrees 04 minutes East along the West
boundary line of said TIIF Deed No. 20083 and
the East boundary line of said TIIF Deed No.
24078, extended Northerly, for a distance of
1269.65 feet to the North boundary line of the said
Block 57; thence run North 83 degrees 56 minutes
West along the North boundary line of the said
Block 57 for a distance of 30 feet back to the Point
of Beginning.
INSTRUCTIONS To BIDDERS
1, REGISTRATION OF BIDDERS
On the date set for the auction, each prospective
bidder. at the sale will be required to register, At
the time of registration, immediately preceding the
auction, each bidder will be requested to sign a
brief statement to the effect that the Invitation For
Bids was received prior to the actual commence-
ment of the auction. Each bidder will also be
required to possess and to exhibit upon request, the
bid deposit in the amount and form specified
herein,
2. BID FORM
a. The qualified bidder submitting the highest bid
at the public auction will be required to complete
and execute, in duplicate, the bid form attached to
this Invitation For Bids, and all information and
certifications called for thereon must be furnished.
Bids submitted in any other manner or which fail
to furnish all information or certifications required
may be summarily rejected,
b. Bids shall be filled out legibly with all erasures,
strikeovers, and corrections initialed by the person
signing the bid and the bid must be manually
signed.
c, Negligence on the part of the bidder in preparing
the bid confers no right for withdrawal or
modification of the bid.
3, BID EXECUTED ON BEHALF OF BIDDER
A bid executed by an attorney or agent on behalf of
the bidder shall be accompanied by an
authenticated copy of his Power of Attorney or
other evidence of his authority to act on behalf of
the bidder.
a. Corporation: If the bidder is a corporation, the
Certificate of Corporate Bidder must be executed.
The certificate must be executed under the cor-
porate seal by some duly authorized officer of the
corporation other than the officer signing the bid.
In lieu of the Certificate of Corporate Bidder, there
may be attached to the bid copies of so much of
the records of the corporation as will show the
official character and authority of the officer sign-
ing, duly certified by the secretaIy or assistant sec-
retaIy, under the corporate seal, to be true copies,
b, Partnership: If the bidder is a partnership, and
all partners sign the bid, with a notation that they
are all the partners, the Government will not
ordinarily require any proof of the existence of the
partnership. If all the partners do not sign the bid,
then the names of all those except limited partners
must be furnished on the bid and the Government,
in its discretion, may require evidence of the
authority of the signer(s) to execute the bid on
behalf of the partnership.
4, BID DEPOSIT
Each bid must be accompanied by a bid deposit of
not less than the amount required by this Invitation
For Bids, in the form of a certified check, cashier's
check, or postal money order made payable to the
order of the General Services Administration or
(Name of Bidder). This will enable bidders whose
bids are rejected to negotiate the instrument once it
is returned, Failure to so provide such bid deposit
shall require rejection of the bid, Upon acceptance
of a bid, the appropriate bid deposit of the
successful bidder shall be applied toward payment
of the successful bidder's obligation to the
Government,
5. ADDITIONAL INFORMATION
The General Services Administration issuing office,
at the address given in this Invitation For Bids,
will, upon request, provide additional copies of this
Invitation For Bids, Bid and Acceptance, and
answer requests for additional information
concerning the property offered to facilitate
preparation of bids, Each bid submitted shall be
deemed to have been made with full knowledge of
all terms, conditions, and requirements contained in
this Invitation For Bids.
6. NOTICE OF ACCEPTANCE OR REJECTION
Notice by the Government oC acceptance or
rejection of a bid shall be deemed to have been
sufficiently given when telegraphed or mailed to
the bidder or his duly authorized representative at
the address indicated in the bid documents, The
Government's processing of a bid deposit shall not,
in itself, constitute acceptance of the bidder's offer.
The Government reserves the right to reject any or
all bids or portions thereof.
7, WAIVER OF INFORMALITIES OR IRREGULARITIES
The Government may, at is election, waive any
minor informality or irregularity in bids received,
5
GENERAL TERMS
OF SALE
1, TERM. "Invitation For Bids"
The term "Invitation For Bids" refers to: The
Instructions to Bidders; the General Terms of Sale;
any Special Terms of Sale; the provisions of the Bid
Form; and all as may be modified or supplemented
by any addenda issued prior to the auction.
2. DESCRlPTlON
The descriptions of the property set forth in the
Invitation For Bids (Offer to Purchase) and any
other information provided therein with respect to
said property are based on information available to
the GSA sales office and are believed to be correct,
but any error or omission, including but not limited
to the omission of any information available to the
agency having custody over the property and/or
any other Federal agency, shall not constitute
ground or reason for nonperformance of the con-
tract of sale, or claim by purchaser for allowance,
refund, or deduction from the purchase price.
3. CONDITION OF PROPERTY
The property is offered for sale and will be sold
"As Is" and "Where Is" without representation, war-
ranty, or guaranty as to quantity, quality, character,
condition, size, or kind, or that the same is in con-
dition or fit to be used for the purpose for which
intended, and no claim for any allowance or de-
duction upon such grounds will be considered after
the auction,
~. CONTlNUING OFFERS
The high bid received shall be deemed to be a
continuing offer after the date of the auction for 60
calendar days, unless the bid is accepted or rejected
by the Government before the expiration of the
specified number of calendar days or the consent of
the bidder shall be obtained prior to such
expiration.
S. DElAYED CLOSING
The successful bidder will pay interest on the
outstanding balance of the purchase price if the
closing of the sale is delayed, and the delay is
caused, directly or indirectly, by the successful
bidder's actions and not by fault of the Govern-
meI1t. This rate to be computed is based on the
yield of lO-year United States Treasury maturities
as reported by the Federal Reserve Board in "Fed-
eral Reserve Statistical Release H.1S" plus 1-1/2%
rounded to the nearest one-eighth percent 0/8%).
6
6. TAXES
As of the date of conveyance, the successful bidder
shall assume responsibility for all general and/ or
special real and personal property taxes which have
been or may be assessed on the property.
7, RISK OF LOSS
As of the date of conveyance, the successful bidder
shall assume responsibility for care and handling
and all risks of loss or damage to the property and
have all obligations and liabilities of ownership.
8. REVOCATION OF BID AND DEFAULT
a. In the event of revocation of a bid after the
auction but prior to acceptance, or in the event or
revocation of a bid after notice of acceptance, or in
the event of any default by the successful bidder in
the performance of the contract of sale created by
such acceptance, or in the event of failure by the
successful bidder to consummate the transaction,
the deposit, together with any payments
subsequently made on account, may be forfeited at
the option of the Government, in which event the
bidder shall be relieved from further liability.
b. If this Offer to Purchase is accepted by the seller
and:
(1) Seller fails for any reason to perform its
obligations as set forth herein; or
(2) Title does not transfer or vest in the Purchaser
for any reason although Purchaser is ready, willing,
and able to close, Seller shall promptly refund to
Purchaser all amounts of money Purchaser has paid
without interest whereupon Seller shall have no
further liability to Purchaser.
9. mLE EVIDENCE
Any title evidence which may be desired by the
successful bidder will be procured by him a this
sole cost and expense. The Government will,
however, provide a copy or allow the successful
bidder or his authorized agent to examine and
inspect such deeds, abstracts, affidavits of title,
judgments in condemnation proceedings, or other
documents relating to the title of the premises and
property involved, as it may have available. It is
understood that the Government will not be
obligated to pay for any expense incurred in
connection with title matters or survey of the
property.
10. T.TlE
Conveyance of the property to the successful bidder
will be accomplished by a Quitclaim Deed and,
where appropriate, a bill of sale in conformity with
local law and practice.
11, TENDER OF PAYMENT AND DELIVERY OF
INSTRUMENT OF CONVEYANCE
The successful bidder shall on a mutually agreeable
date not later then 60 days after acceptance of the
bid, or such longer period, as may be agreed upon
in writing, tender to the Government, by wire
transfer, tne balance of the purchase price. Upon
such tender being made by the successful bidCier,
the Government shall deliver the instmment(s) of
conveyance.
12. DOCUMENTARY STAMPS AND COST OF RECORDING
The successful bidder shall pay all taxes and fees
imposed on this transaction and shall obtain at his
own expense and affix to all instruments of
conveyance and security documents such revenue
and documentary stamps as may be required by
Federal and Tocal law. All instruments of
conveyance and security documents shall be placed
on record in the manner prescribed by local
recording statutes at the successful bidder's
expense.
13, CONTRACT
The "Invitation For Bids," and the bid when
accepted by the Government, shall constitute an
agreement for sale between the successful bidder
and the Government. Such agreement shall
constitute the whole contract to be succeeded only
by the formal instruments of transfer unless
modified in writing and signed by both parties. No
oral statements or representations made by, or for,
or on behalf of either party shall be a part of such
contract, or any interest therein, be transferred or
assigned by the successful bidder, without consent
of tne Government, and any assignment transaction
without such consent shall be void,
14. OFFICIALS NOT TO BENERT
No member of or delegate to the Congress, or
resident commissioner, sball be admitted to any
share or part of the contract of sale or to any
benefit that may arise therefrom, but this provision
shall not be construed to extend to the contract of
sale if made with a corporation for its general
benefit.
7
PUBLIC AUCTION
Offer To Purchase Government Real Property
To Be Completed By The Highest Bidder Only
The undersigned bidder hereby offers and agrees, if this bid is accepted within sixty
calendar days after the date of auction, to purchase the property described as
Amount of Bid: $
Bid Deposit: $
received day of sale.
The instrument(s) of conveyance should name the following as Grantee(s):
Bidder is: (check one) () Individual () Partnership () A Trustee ( ) A Corporation
Name
Street
City
State
Zip
Telephone(
Signature
Date
Signer's Name & Title (type or print)
CERTIFICATE OF CORPORATE BIDDER
I,
certify that I am
of the Corporation named as
(Secretary or other Official title)
who signed this Offer to
bidder herein, that
(Name)
Purchase on behalf of the bidder was then
(Officiallitle)
of said Corporation; that said Offer to Purchase was duly signed for and on behalf of
said Corporation by authority of its governing body and is within the scope of its corpo-
rate powers,
(Signature of Certifying Officer)
CORPORATE SEAL