Resolution 602-2006
County Attorney
RESOLUTION NO. 602 -2006
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, APPROVING THE SPECIAL MASTER'S
PROPOSED BENEFICIAL USE DETERMINATION FOR GENEVA
SUTTON AND REQUESTING THE MONROE COUNTY LAND
AUTHORITY TO MAKE A PURCHASE OFFER.
WHEREAS, Geneva Sutton filed an application for a Determination of Beneficial Use
on January 7, 2005 concerning two (2) vacant sites located at Mile Marker 99, totaling 5.19
acres, located in a portion of Govemment Lot 1, Section 4, Township 62 South, Range 39 East,
Key Largo, Florida, RE#00090370-000000 and RE# 00090400-000300; and
WHEREAS, the Applicant substantially and materially supplemented her application on
June 23, 2005; and
WHEREAS, the application was referred to a Special Master as provided in Code
Section 9.5-171; and
WHEREAS, the duly appointed Special Master, John 1. Wolfe, Esq., held an evidentiary
hearing on July 25, 2005; and
WHEREAS, the Special Master issued a Proposed Final Beneficial Use Determination
with recommended Findings of Fact and Conclusions of Law on July 19,2006; and
WHEREAS, the Board of County Commissioners is the only entity which has the final
authority to grant or deny vested rights or beneficial uses subject to appeal by the Department of
Community Affairs under Chapter 380, Florida Statutes as provided in Monroe County Code,
Section 9.5-174; and
WHEREAS, in approving, denying or modifYing an Order from a Special Master
granting or denying an applicant vested rights or beneficial use, the Board of County
Commissioners will ensure that the Special Master has conducted the evidentiary hearing in a
manner that is consistent with Monroe County Code, Article VI and the Year 2010
Comprehensive Plan; and
WHEREAS, the Board of County Commissioners will approve or reject the Special
Master's Determination during a public hearing as provided in Monroe County Code, Section
9.5-174; and
WHEREAS, the public shall be given an opportunity to be heard and make arguments
for or against the Proposed Determination during the public hearing as provided in Monroe
County Code, Section 9.5. -174; and
WHEREAS, the Board of County Commissioners makes the following Findings of Fact:
1. The Board of County Commissioners finds from the record that Special Master
John 1. Wolfe conducted the Beneficial Use Determination hearing on July 25, 2005, and said
Special Master issued his written Proposed Beneficial Use Determination Recommended Order
on July 19, 2006.
2. The Board further finds that the Special Master conducted the evidentiary hearing
in a manner consistent with Article VI, Monroe County Code, and the Year 2010 Comprehensive
Plan. A copy of the Special Master' Proposed Determination Recommended Order is hereby
appended to, and made a part of, this Resolution.
3. The Special Master found that a Final Beneficial Use Determination be entered
awarding just compensation to the Applicant to be determined as of 1986.
4. The Board of County Commissioners hereby APPROVES the Findings of Fact
numbered 1 through 7 as contained in the Recommended Order of the Special Master and
ADOPTS the Findings of Fact as the findings of the Board.
5. An appraisal has determined that the valuation of the real property as of
September 14, 1986 was $37,000.
6. Statutory interest on $37,000 from September 14, 1986 until December 31,2006
is $76,423.
WHEREAS, the Board of County Commissioners makes the following Conclusions of
Law:
The Board of County Commissioners hereby APPROVES the Conclusions of Law of the
Special Master numbered 8 through 12 as contained in the Recommended Order and ADOPTS
the Conclusions of Law as the conclusions of the Board; and
WHEREAS, the acceptance and approval of the recommendations of the Special Master
are not to be construed as an admission of an unlawful taking of Applicant's property; and
WHEREAS, after holding a quasi-judicial hearing, the Board wishes to accept the
recommendations of the Special Master as proposed in his recommended Order dated July 19,
2006; now therefore:
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
1. That the Board of County Commissioners hereby approves the Proposed
Beneficial Use Determination dated July 19, 2006 made by the Special Master and adopts it as
the Final Determination of the Board.
2. In accordance with the above findings, the Monroe County Board of County
Commissioners hereby requests that the Monroe County Land Authority make a purchase offer
unto Geneva Sutton for the above-referenced real property the principal sum of $37, 000, plus
statutory interest to date of$76,423, for a total of$I13, 423.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of the Board held on the 15th day of November, 2006.
Commissioner McCoy
Mayor Pro Tern Spehar
Commissioner Neugent
,,,,~~~joner Murphy
ler Mayor DIGennaro
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Deputy Clerk '
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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Mayor Mario DiGennaro
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