I. Land AuthorityLAND AUTHORITY GOVERNING BOARD
AGENDA ITEM SUMMARY
Meeting Date: March 21, 2007
Division: Land Authority
Bulk Item: Yes No X Staff Contact / Phone #: Mark Rosch / 295-5180
Agenda Item Wording: Approval of minutes for the February 21, 2007 meeting.
Item Background: N/A
Advisory Committee Action: N/A
Previous Governing Board Action: N/A
Contract/Agreement Changes: N/A
Staff Recommendation: Approval
Total Cost: $ Budgeted: Yes _ No
Cost to Land Authority: $ Source of Funds:
Approved By: Attorney _ County Land Steward
Documentation: Included: X To Follow: Not Required:
Disposition: Agenda Item
MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY
GOVERNING BOARD
February 21, 2007 Meeting Minutes
The Governing Board of the Monroe County Comprehensive Plan Land Authority held a regular
meeting on Wednesday, February 21, 2007 at the Key Largo Library located at 101485
Overseas Highway, Key Largo, Florida. Chairman Sonny McCoy called the meeting to order at
10:16 AM. Present and answering roll call, in addition to Chairman McCoy, were Mayor Mario
Di Gennaro, Commissioner Sylvia Murphy, Commissioner George Neugent, and Commissioner
Dixie Spehar. Also in attendance were Executive Director Mark Rosch, Office Manager
Kimberly Nystrom, Counsel Larry Erskine, and members of the press and public.
The first item on the agenda was approval of minutes for the January 17, 2007 meeting. A
motion was made by Commissioner Neugent and seconded by Commissioner Spehar to
approve the minutes as submitted. There being no objections, the motion carried (5/0).
The next item was approval to purchase Block 1, Lots 12 and 13, Ramrod Shores Marina
Section for conservation. A motion was made by Commissioner Murphy and seconded by
Commissioner Neugent to approve the item. There being no objections, the motion carried
(5/0).
The next item was a presentation on the Land Authority's affordable housing program. Mr.
Rosch addressed the Board and presented a slide show. There was Board discussion but no
action on this item.
There being no further business, the meeting was adjourned at 10:45 AM.
Minutes prepared by:
Mark J. Rosch
Executive Director
Approved by the Board on:
LAND AUTHORITY GOVERNING BOARD
AGENDA ITEM SUMMARY
Meeting Date: March 21, 2007 Division: Land Authority
Bulk Item: Yes No X Contact / Phone #: Mark Rosch / 295-5180
Agenda Item Wording: Approval of a resolution authorizing the purchase and conveyance of Block H,
Lot 10, Part C of Master Plat of North Marathon Shores in partnership with the Monroe County Board of
County Commissioners for affordable housing.
Item Background: The subject property consists of a vacant 7,200 square foot lot on Bonito Drive in
Marathon zoned Improved Subdivision and nominated by the Marathon City Council for affordable
housing. Habitat for Humanity of the Middle Keys proposes to build a single-family home on the lot.
The proposed resolution authorizes the Land Authority to purchase the lot and transfer the title to the
Board of County Commissioners as part of the BOCC's land bank of affordable housing sites. The
BOCC could then transfer title to the Middle Keys Habitat for Humanity Community Land Trust.
The Executive Director has executed the Land Authority's standard purchase contract for this
acquisition. The agenda packet spreadsheet lists the legal description, purchase price, and estimated
closing costs.
Advisory Committee Action: On February 28, 2007 the Land Authority Advisory Committee voted 5/0
to approve this item.
Previous Governing Board Action: On September 28, 2005 the Board indicated its desire to have
affordable housing land bank properties titled in the BOCC.
Contract/Agreement Changes: None. The Seller has executed the Land Authority's standard
purchase agreement.
Staff Recommendation: Approval
Total Cost: $127,353.50 Budgeted: Yes X No
Cost to Land Authority: $127,353.50 Source of Funds: Land Authority
(Tourist Impact Tax and State Park Surcharge)
Approved By: Attorney X County Land Steward
Documentation: Included: X To Follow: Not Required:
Disposition: Agenda Item
P ro pe rty
Part C of Master Plat
of N Marathon Shores
Block H, Lot 10
(Orion Bank)
Purchase
Price
$125,000.00
PURCHASE CONTRACTS
03/21 /07
Envr. Audit, Survey
Title
Attorney
Recording
Total
or Clean-up
Insurance
Fee
Fee
Costs
$1,000.00
$825.00
$500.00
$28.50
$127,353.50
RESOLUTION NO.
A RESOLUTION OF THE MONROE COUNTY
COMPREHENSIVE PLAN LAND AUTHORITY AUTHORIZING
THE PURCHASE AND CONVEYANCE OF BLOCK H, LOT 10,
PART C OF MASTER PLAT OF NORTH MARATHON SHORES
IN PARTNERSHIP WITH THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS FOR AFFORDABLE HOUSING.
WHEREAS, section 380.0666(3), Florida Statutes (FS) and section 9.3-2, Monroe County Code,
empower the Monroe County Comprehensive Plan Land Authority (hereinafter "Land Authority")
to acquire and dispose of interests in real property for the purpose of providing affordable
housing; and
WHEREAS, pursuant to Marathon City Council Resolution 2007-11, the Land Authority has
entered into a contract to purchase Block H, Lot 10, Part C of Master Plat of North Marathon
Shores (PB 3-30) in Marathon (hereinafter "subject property") as an affordable housing site; and
WHEREAS, the Monroe County Board of County Commissioners desires to control and oversee
the development of affordable housing sites; and
WHEREAS, the Land Authority Advisory Committee considered this resolution at a meeting held
on February 28, 2007 and voted 5/0 to recommend approval; NOW, THEREFORE,
BE IT RESOLVED BY THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY:
Section 1. The Governing Board approves the purchase of the subject property using the Land
Authority's standard purchase agreement at a price of $125,000 and authorizes staff to close
the transaction.
Section 2. At closing, the Chairman of the Governing Board is hereby authorized to sign a deed
conveying title to the subject property to the Board of County Commissioners. Said deed shall
restrict future use of the property to the requirements specified in Exhibit A.
PASSED AND ADOPTED by the Monroe County Comprehensive Plan Land Authority at a
regular meeting on this day of 2007.
(Seal)
ATTEST:
MONROE COUNTY COMPREHENSIVE
PLAN LAND AUTHORITY
Mark J. Rosch Charles "Sonny" McCoy
Executive Director Chairman
Approved for Legal Sufficiency
Larry R. Erskine
EXHIBIT A
AFFORDABILITY COVENANTS
1. Term. These affordability covenants are perpetual, run with the land in favor of the Monroe
County Comprehensive Plan Land Authority, and are binding on all present and subsequent
owners and mortgagees.
2. Property Use. Use of the property shall be restricted to the provision of affordable housing
as defined in section 380.0666(3), Florida Statutes, as said statute may be amended from
time to time.
3. Monitoring. Grantee is responsible for ensuring compliance with the affordability covenants
contained herein and expressly agrees to furnish, upon Grantor's request, written
certification thereof.
Sponsored by: Puto
CITY OF MARATHON, FLORIDA
RESOLUTION 2007-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MARATHON, FLORIDA, NOMINATING PROPERTY FOR
ACQUISITION BY THE MONROE COUNTY LAND AUTHORITY FOR
AFFORDABLE HOUSING; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, it is the desire of the City Council of the City of Marathon, Florida (the
"City") to provide additional affordable housing within the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MARATHON, FLORIDA, that:
Section 1. The City hereby nominates the property located in the City of Marathon
and described in Exhibit A attached hereto (the "Property") for acquisition by the Monroe
County Land Authority for the purpose of providing affordable housing.
Section 2. Following acquisition, the City Council requests that the Monroe County
Land Authority convey the property to Habitat for Humanity of the Middle Keys for
development and management as affordable homeownership units.
Section 3. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the City Council of the city of Marathon, Florida, this
23rd day of January, 2007.
THE CITY OF MARATHON, FLORIDA
ristopher Nr%ull, Mayor
AYES:
Mearns, Pinkus, Tempest, Worthington, Bull
NOES:
None
ABSENT:
None
ABSTAIN:
None
ATTEST:
Diane Clavier
City Clerk
(City Seal)
APPROVED AS TO FORM AND LEGALITY FOR THE USE AND RELIANCE OF THE
CITY OF MARATHON, FLORIDA ONLY:
City Attorney
EXHIBIT A
BK H LT 10 PART C OF MASTER PLAT OF N MARATHON SHORES PB3-30 KEY
VACCAS (RE 00330210-000000)
LAND AUTHORITY GOVERNING BOARD
AGENDA ITEM SUMMARY
Meeting Date: March 21, 2007 Division: Land Authority
Bulk Item: Yes No X Contact / Phone #: Mark Rosch / 295-5180
Agenda Item Wording: Approval to purchase eleven parcels on Big Pine Key for conservation.
Item Background: This acquisition is proposed to protect natural resources, to provide mitigation
land, and to protect property rights. The subject properties are on Big Pine Key and consist of 11
undeveloped parcels in four sites totaling approximately 30 acres. All of the parcels, except for the one
consisting of bay bottom, are designated Tier 1. Last year the State Florida Forever program offered to
purchase nine of the properties for $424,500 but was unable to close the transaction due to funding
constraints. Subsequently staff negotiated a reduced purchase price of $369,250 and the inclusion of
two additional parcels. This negotiated price is equal to the State's appraised value for the original nine
parcels and is $50,487 below the combined tax assessed value for all 11 parcels. This acquisition will
provide mitigation credit toward implementation of the Big Pine Key Habitat Conservation Plan.
The Executive Director has executed the attached purchase contract for this acquisition. The agenda
packet spreadsheet lists the estimated closing costs.
Advisory Committee Action: On February 28, 2007 the Land Authority Advisory Committee voted 5/0
to approve purchasing the original nine parcels for up to $424,500.
Previous Governing Board Action: On April 20, 2000 the Board approved a contract to purchase
eight of the subject properties for $175,000. However, the transaction did not close because the sellers
did not have marketable title at that time.
Contract/Agreement Changes: N/A
Staff Recommendation: Approval
Total Cost: $386,903.50 Budgeted: Yes X No
Cost to Land Authority: $386,903.50 Source of Funds: Land Authority
(Tourist Impact Tax and State Park Surcharge)
Approved By: Attorney X County Land Steward
Documentation: Included: X To Follow: Not Required:
Disposition: Agenda Item
P ro pe rty
Purchase
Price
Big Pine Key Acreage $369,250.00
RE#s 110410-000000,
110410-000100, 110410-000200,
110410-000300, 110410-000400,
110410-000500, 111660-000000,
111800-000000, 111880-000000,
246210-000000 and 246220-000000
(John C. Cahill, as Trustee of the
J.A. Elwied Liquidation Trust)
PURCHASE CONTRACTS
03/21 /07
Envr. Audit, Survey
Title
Attorney
Recording
Total
or Clean-up
Insurance
Fee
Fee
Costs
$15,000.00
$2,050.00
$500.00
$103.50
$386,903.50
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AGREEMENT FOR THE PURCHASE OF LANDS
THIS AGREEMENT is made and entered into this day of 2007, is by
and between
John C. Cahill, as Trustee of the J.A. Elwied Liquidation Trust created in June 1984
and as amended and restated by Agreement dated April 2004
hereinafter style the Seller(s), for themselves, their heirs, executors, administrators, successors and
assigns, and the MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY (hereinafter,
"Land Authority") acting by and through the Executive Director of the LAND AUTHORITY.
WITNESSETH:
In consideration of Ten Dollars ($10.00) in hand, paid by the LAND AUTHORITY, the receipt of
which is hereby acknowledged, the Seller(s) agree to sell to the LAND AUTHORITY certain lands
upon the terms and conditions hereinafter set forth, and for the price of $369,250.00 for all of the
lands and other interests, which lands shall include all tenements, hereditaments, together with all
water and other rights, easements, appurtenances, and any and all of the Seller's rights in or
arising by reason of ownership thereunto belonging, owned by them, situate and lying in the
County of Monroe, State of Florida, more particularly described as follows; to -wit:
11 parcels on Big Pine Key, more particularly described in Exhibit "A" attached.
RE# 110410-000000, 110410-000100, 110410-000200, 110410-000300, 110410-000400,
110410-000500, 111660-000000, 111800-000000, 111880-000000, 246210-000000,
and 246220-000000
2. The Seller(s) agree that they have full right, power and authority to convey, and that they will
convey to the LAND AUTHORITY the fee simple title together with legal and practical access
thereto clear, free and unencumbered, except subject to the following easements or reservations:
Existing easements for canals, ditches, flumes, pipelines, railroads, public highways and roads,
telephone, telegraph, power transmission lines and public utilities.
The LAND AUTHORITY, at the LAND AUTHORITY'S expense, within the time allowed to deliver
evidence of title and to examine same, may have the real property surveyed and certified by a
registered Florida surveyor. If the survey discloses encroachments on the real property or that
improvements located thereon encroach on setback lines, easements, lands of others, or violate
any restrictions, contract covenants, or applicable governmental regulations, the same shall
constitute a title defect.
Seller(s) shall convey a marketable title subject only to the aforementioned liens, encumbrances,
exceptions or qualification set forth herein. Marketable title shall be determined according to
applicable title standards adopted by authority of the Florida Bar and in accordance with law. The
LAND AUTHORITY shall have sixty (60) days from the effective date of this agreement in which to
examine title. If title is found defective, the LAND AUTHORITY shall, within this specified time
period, notify Seller(s) in writing specifying defect(s). If the defect(s) render title unmarketable the
Seller(s) will have one hundred twenty (120) days from receipt of notice within which to remove
the defect(s), failing which the LAND AUTHORITY shall have the option of either accepting the
title as it then is or rescinding the contract herein; thereupon the LAND AUTHORITY and the
Seller(s) shall release one another of all further obligations under this Agreement. The Seller(s)
will, if title is found unmarketable, use diligent effort to correct defect(s) in title within the time
provided therefore, including the bringing of necessary suits.
3. The Seller(s) further agree not to do, or suffer others to do, any act by which the value or title to
said lands may be diminished or encumbered. It is further agreed that any loss or damage
occurring prior to the vesting of satisfactory title in the LAND AUTHORITY by reasons of the
unauthorized cutting or removal of products therefrom, or because of fire, shall be borne by the
Seller(s); and that, in the event any such loss or damage occurs, the LAND AUTHORITY may
refuse, without liability, to accept conveyance of said lands, or it may elect to accept conveyance
upon an equitable adjustment of the purchase price.
4. The Seller(s) further agree that during the period covered by this instrument officers and
accredited agents of the LAND AUTHORITY shall have at all proper times the unrestricted right
and privilege to enter upon said lands for all proper and lawful purposes, including examination of
said lands and the resources upon them. The Seller(s) hereby waive their rights to any and all
claims against the LAND AUTHORITY or Monroe County associated with, or arising from
ownership of, said lands and this waiver shall survive closing.
5. The Seller(s) will execute and deliver upon demand of the proper officials and agents of the LAND
AUTHORITY a good and sufficient deed of warranty conveying to the LAND AUTHORITY a safe
title to the said lands of such character as to be satisfactory to the legal counsel of the LAND
AUTHORITY and said deed shall provide that the use, occupation and operation of the rights -of -
way, easements and reservations retained therein, shall be subordinate to and subject to such
rules and regulations as may be prescribed by the LAND AUTHORITY governing the use,
occupation, protection and administration of lands.
6. In consideration whereof the LAND AUTHORITY agrees that it will purchase all of said lands and
other interests at the price of $369,250.00. The LAND AUTHORITY further agrees that, after the
preparation, execution, delivery and recordation of the deed, and after the legal counsel of the
LAND AUTHORITY shall have approved the title thus vested in the LAND AUTHORITY, it will
cause to be paid to the Seller(s) the purchase price by a check drawn on the account of the LAND
AUTHORITY. The LAND AUTHORITY shall pay the following expenses associated with the
conveyance of the property: deed recording fees, settlement fees, abstract fees, title examination
fees, the Buyer's attorney's fees, and title insurance, as well as the prorata share of prepaid real
property taxes allocable to the period subsequent to the vesting of title in the LAND AUTHORITY,
or the effective date of possession of such real property by the same, whichever is earlier. The
Seller(s) shall pay the expenses of documentary stamps to be affixed to the deed and the removal
of trash, debris, and structures from the property, if any. Full possession of the premises shall
pass to the LAND AUTHORITY as of the date payment is made to the Seller(s) subject only to the
reservations stated in Section 2 above.
7. It is mutually agreed that an abstract, title insurance policy or other evidence of title to the property
herein contracted to be sold, satisfactory to the legal counsel of the LAND AUTHORITY will be
obtained by the LAND AUTHORITY at its expense. The Seller(s) expressly agree herein to
furnish to the LAND AUTHORITY any documents in Seller(s)'s possession establishing evidence
of title including, but not limited to, abstracts, title commitments, title policies and opinions of title.
8. It is mutually understood and agreed that the LAND AUTHORITY may assign this contract.
9. It shall be the obligation of the Seller(s) to pay all taxes and assessments outstanding as liens at
the date title vests of record in the LAND AUTHORITY, whether or not such taxes and
assessments are then due and payable.
2
10. It is mutually understood and agreed that notice of acceptance of this agreement shall be given to
the Seller(s) by mail addressed to the Seller(s) at the following address:
John C. Cahill, Trustee with a copy to: Robert Korn, Esquire
59 River Road 5295 Town Center Road, Suite 201
Peru, NY 12972-2717 Boca Raton, FL 33486
and shall be effective upon date of mailing and shall be binding upon all of the Seller(s) without
sending a separate notice to each, except as such obligation may be affected by the provisions of
paragraph 6 hereof.
11. The property shall be delivered at closing free of any tenant or occupancy whatsoever.
12. The effective date of this agreement shall be that date when the last one of the Seller(s) and the
LAND AUTHORITY has signed this agreement.
13. The LAND AUTHORITY shall have sixty (60) days from the effective date of this agreement in
which to conduct an environmental site assessment to determine the existence and extent, if any,
of any hazardous materials on the property. For the purposes of this agreement, "hazardous
materials" shall mean any hazardous or toxic substance, material or waste of any kind or any
other substance which is regulated by any environmental law. If the environmental site
assessment identifies the presence of hazardous materials on the property, the LAND
AUTHORITY shall, within this specified time period, notify Seller(s) in writing of the findings. The
Seller(s) will then have one hundred twenty (120) days from receipt of notice within which to
pursue, at Seller(s)' sole cost and expense, any assessment, clean-up, and monitoring of the
Property necessary to bring the Property into full compliance with any and all applicable federal,
state or local laws, failing which the LAND AUTHORITY shall have the option of either accepting
the property as it then is or rescinding the contract herein; thereupon the LAND AUTHORITY and
the Seller(s) shall release one another of all further obligations under this Agreement.
14. The parties acknowledge the Seller(s) and the Board of Trustees of the Internal Improvement
Trust Fund of the State of Florida may have a valid contract to purchase the subject property.
Accordingly this Agreement is contingent upon said parties terminating any contract they may
have.
[The remainder of this page is blank.]
3
15. If the Seller(s) wish to proceed with this transaction, the Seller(s) have until March 6, 2007 to
sign and return this contract to the LAND AUTHORITY. Notwithstanding any provision of this
Agreement to the contrary, the closing of this transaction is contingent upon approval by the
Advisory Committee and Governing Board of the LAND AUTHORITY. In the event this
transaction does not close by May 6, 2007, both the LAND AUTHORITY and the Seller(s) shall
have the right to terminate this Agreement by providing written notice, at which point both parties
shall be released of all further obligations under this Agreement.
IN WITNESS WHEREOF, the Seller(s) have hereunto signed their names and affixed their respective
seals on the day first above written and therefore the Seller(s) for and in consideration of the Ten
Dollars ($10.00) hereinabove acknowledge as received, have and do hereby grant unto the LAND
AUTHORITY or its authorized representative, or any other office or agent of the LAND AUTHORITY
authorized to purchase said lands, the option and right to enter into this Agreement for Purchase
within sixty (60) days from the execution thereof by the Seller(s), and to purchase said lands as herein
provided.
Seller/ John C. Cahill, as Trustee of the J.A. Elwied Liquidation Trust created in June 1984
and as amended and restated by Agreement dated April 2004
Signature Date Federal Tax ID Number Phone Number
The MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY, acting by and through its
EXECUTIVE DIRECTOR in accordance with Resolution 09-2004, has executed this agreement on
behalf of the MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY this day of
12007.
(Seal)
MONROE COUNTY COMPREHENSIVE
PLAN LAND AUTHORITY
Mark J. Rosch, Executive Director
0
EXHIBIT "A"
RE #110410-000000 (BSM PARCEL #8484)
ALL THAT CERTAIN TRACT OR PARCEL OF LAND, OF WHICH THE PARTY OF THE FIRST PART IS NOW
SEIZED AND POSSESSED, AND IN ACTUAL POSSESSION, SITUATE IN THE COUNTY OF MONROE,
STATE OF FLORIDA, BOUNDED AND DESCRIBED AS FOLLOWS: PART OF GOVERNMENT LOT 3 OF
SECTION 25, TOWNSHIP 66 SOUTH, RANGE 29, EAST AND BEING ON BIG PINE KEY IN SAID COUNTY
OF MONROE COMMENCING AT THE NORTHEAST CORNER OF SAID GOVERNMENT LOT NO. 3 AND
RUNS THENCE IN A WESTERLY DIRECTION ALONG THE NORTHERLY LINE OF SAID GOVERNMENT
LOT 3, 547.21' TO A POINT THEREIN WHICH IS 200' EASTERLY FROM THE INTERSECTION OF THE
NORTHERLY LINE OF SAID GOVERNMENT LOT 3, WITH THE EASTERLY LINE OF SAID U.S. HIGHWAY
NO. 1, AND RUNS FROM SAID POINT SOUTHERLY PARALLEL WITH THE EASTERLY LINE OF SAID U.S.
HIGHWAY NO. 1, AND 200' EASTERLY THEREFROM, FOLLOWING THE CURVE OF SAID LINE OF U.S.
HIGHWAY NO. 1, 979.52' TO A POINT IN THE EASTERLY LINE OF SAID GOVERNMENT LOT 3, AND RUNS
THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID GOVERNMENT LOT 3, 795.48` TO THE
POINT OR PLACE OF BEGINNING.
RE #110410-000100 (BSM PARCEL #12324)
ALL THAT CERTAIN TRACT OR PARCEL OF LAND, OF WHICH THE PARTY OF THE FIRST PART IS NOW
SEIZED AND POSSESSED, AND IN ACTUAL POSSESSION, SITUATE IN THE COUNTY OF MONROE,
STATE OF FLORIDA, BOUNDED AND DESCRIBED AS FOLLOWS: PART OF GOVERNMENT LOT 3 OF
SECTION 25, TOWNSHIP 66 SOUTH, RANGE 29 EAST AND BEING ON BIG PINE KEY IN SAID COUNTY
OF MONROE, COMMENCING AT A POINT IN THE EASTERLY LINE OF U.S. HIGHWAY NO. 1 (FORMERLY
THE RIGHT-OF-WAY OF THE FLORIDA EAST COAST RAILWAY COMPANY) WHICH MARKS THE
INTERSECTION THEREOF WITH THE NORTHERLY LINE OF SAID GOVERNMENT LOT 3, AND RUNNING
THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID U.S. HIGHWAY NO. 1 AND FOLLOWING
THE CURVE THEREOF, 208' TO A POINT THEREIN; THENCE EASTERLY AND PARALLEL WITH THE
NORTHERLY LINE OF SAID GOVERNMENT LOT 3, A DISTANCE OF 200'; THENCE NORTHERLY ON A
LINE PARALLEL WITH THE EASTERLY LINE OF SAID U.S. HIGHWAY NO. 1, AND FOLLOWING THE
CURVE THEREOF, A DISTANCE OF 208' TO A POINT IN THE NORTHERLY LINE OF SAID GOVERNMENT
LOT 3; AND THENCE ALONG THE NORTHERLY LINE OF SAID GOVERNMENT LOT 3, IN A WESTERLY
DIRECTION, A DISTANCE OF 200' TO THE POINT OR PLACE OF BEGINNING.
RE #110410-000200 (BSM PARCEL #12325)
ALL THAT CERTAIN TRACT OR PARCEL OF LAND, OF WHICH THE PARTY OF THE FIRST PART IS NOW
SEIZED AND POSSESSED, AND IN ACTUAL POSSESSION, SITUATE IN THE COUNTY OF MONROE,
STATE OF FLORIDA, BOUNDED AND DESCRIBED AS FOLLOWS: PART OF GOVERNMENT LOT 3 OF
SECTION 25, TOWNSHIP 66 SOUTH, RANGE 29 EAST AND BEING ON BIG PINE KEY IN SAID COUNTY
OF MONROE, COMMENCING AT A POINT IN THE EASTERLY LINE OF U.S. HIGHWAY NO. 1 (FORMERLY
THE RIGHT-OF-WAY OF THE FLORIDA EAST COAST RAILWAY COMPANY) WHICH POINT IS 208'
SOUTHERLY MEASURED ALONG THE EASTERLY LINE THEREOF FOLLOWING THE CURVE THEREOF
FROM THE POINT OF INTERSECTION OF THE NORTHERLY LINE OF SAID GOVERNMENT LOT 3, WITH
THE EASTERLY LINE OF U.S. HIGHWAY NO. 1, AND RUNNING THENCE EASTERLY AND PARALLEL TO
THE NORTHERLY LINE OF SAID GOVERNMENT LOT 3, A DISTANCE OF 200' TO A POINT; THENCE
SOUTHERLY ALONG A LINE PARALLEL WITH THE EASTERLY LINE OF U.S. HIGHWAY NO. 1, AND
FOLLOWING THE CURVE THEREOF AND 200' EASTERLY THEREFROM A DISTANCE OF 300' TO A
POINT; THENCE WESTERLY ALONG A LINE PARALLEL WITH THE NORTHERLY LINE OF SAID
GOVERNMENT LOT 3, A DISTANCE OF 200' TO THE EAST LINE OF SAID U.S. HIGHWAY NO. 1 AND
THENCE; NORTHERLY ALONG THE SAME AND FOLLOWING THE CURVE THEREOF A DISTANCE OF
300' TO THE POINT OR PLACE OF BEGINNING.
Exhibit A - Page 1 of 3
RE #110410-000300 (BSM PARCEL #8485)
ALL THAT CERTAIN TRACT OR PARCEL OF LAND, OF WHICH THE PART OF THE FIRST PART IS NOW
SEIZED AND POSSESSED, AND IN ACTUAL POSSESSION, SITUATE IN THE COUNTY OF MONROE,
STATE OF FLORIDA, BOUNDED AND DESCRIBED AS FOLLOWS: PART OF GOVERNMENT LOT 3 OF
SECTION 25, TOWNSHIP 66 SOUTH, RANGE 29 EAST AND BEING ON BIG PINE KEY IN SAID COUNTY
OF MONROE, COMMENCING AT A POINT IN THE EASTERLY LINE OF U.S. HIGHWAY NO. 1 (FORMERLY
THE RIGHT-OF-WAY OF THE FLORIDA EAST COAST RAILWAY COMPANY) WHICH POINT IS 508'
SOUTHERLY MEASURED ALONG THE EASTERLY LINE OF SAID U.S. HIGHWAY NO. 1, AND FOLLOWING
THE CURVE THEREOF FROM THE POINT OF INTERSECTION OF THE NORTHERLY LINE OF SAID
GOVERNMENT LOT 3, WITH THE EASTERLY LINE OF SAID U.S. HIGHWAY NO. 1, AND RUNNING
THENCE; EASTERLY AND PARALLEL TO THE NORTHERLY LINE OF SAID GOVERNMENT LOT 3, A
DISTANCE OF 200' TO A POINT; THENCE SOUTHERLY ALONG A LINE PARALLEL WITH THE EASTERLY
LINE OF U.S. HIGHWAY NO. 1 AND FOLLOWING THE CURVE THEREOF AND 200' EASTERLY THEREOF,
A DISTANCE OF 300' TO A POINT; THENCE WESTERLY ALONG A LINE PARALLEL WITH THE
NORTHERLY LINE OF SAID GOVERNMENT LOT NO. 3, A DISTANCE 200' TO THE EASTERLY LINE OF
SAID U.S. HIGHWAY NO. 1, AND THENCE; NORTHERLY ALONG THE SAME A DISTANCE OF 300' TO THE
POINT OR PLACE OF BEGINNING.
RE #110410-000400 (BSM PARCEL #8486)
ALL THAT CERTAIN TRACT OR PARCEL OF LAND, OF WHICH THE PARTY OF THE FIRST PART IS NOW
SEIZED AND POSSESSED, AND IN ACTUAL POSSESSION SITUATE IN THE COUNTY OF MONROE,
STATE OF FLORIDA, BOUNDED AND DESCRIBED AS FOLLOWS: PART OF GOVERNMENT LOT 3 OF
SECTION 25, TOWNSHIP 66 SOUTH, RANGE 29 EAST AND BEING ON BIG PINE KEY IN SAID COUNTY
OF MONROE, COMMENCING AT A POINT IN THE EASTERLY LINE OF U.S. HIGHWAY NO. 1 (FORMERLY
THE RIGHT-OF-WAY OF FLORIDA EAST COAST RAILWAY COMPANY) WHICH POINT IS 808'
SOUTHERLY MEASURED ALONG THE EASTERLY LINE THEREOF AND FOLLOWING THE CURVE
THEREOF FROM THE POINT OF INTERSECTION OF THE NORTHERLY LINE OF SAID GOVERNMENT
LOT 3 WITH THE EASTERLY LINE OF SAID U.S. HIGHWAY NO. 1, AND RUNNING THENCE EASTERLY
AND PARALLEL TO THE NORTHERLY LINE OF SAID GOVERNMENT LOT 3, A DISTANCE OF 200' TO A
POINT; THENCE SOUTHERLY ALONG A LINE PARALLEL WITH THE EASTERLY LINE OF SAID U.S.
HIGHWAY NO. 1 FOLLOWING THE CURVE THEREOF AND 200' THEREFROM, A DISTANCE OF 171.52' TO
A POINT ON THE EAST LINE OF SAID GOVERNMENT LOT 3; THENCE SOUTH ALONG THE EAST LINE
OF SAID GOVERNMENT LOT 3, A DISTANCE OF 118.27'; THENCE WESTERLY ALONG A LINE PARALLEL
TO THE NORTHERLY LINE OF SAID GOVERNMENT LOT 3, 149.79' TO A POINT ON THE EASTERLY LINE
OF U.S. HIGHWAY NO. 1; THENCE NORTHERLY ALONG THE EASTERLY LINE OF U.S. HIGHWAY NO. 1
FOR A DISTANCE OF 300' TO THE POINT OF BEGINNING.
RE #110410-000500 (BSM PARCEL #8487)
ALL THAT CERTAIN TRACT OR PARCEL OF LAND OF WHICH THE PARTY OF THE FIRST PART IS NOW
SEIZED AND POSSESSED, AND IN ACTUAL POSSESSION, SITUATE IN THE COUNTY OF MONROE,
STATE OF FLORIDA, BOUNDED AND DESCRIBED AS FOLLOWS: PART OF GOVERNMENT LOT 3 OF
SECTION 25, TOWNSHIP 66 SOUTH, RANGE 29 EAST AND BEING ON BIG PINE KEY IN SAID COUNTY
OF MONROE, COMMENCING AT A POINT IN THE EASTERLY LINE OF U.S. HIGHWAY NO. 1 (FORMERLY
THE RIGHT-OF-WAY OF THE FLORIDA EAST COST RAILWAY COMPANY) WHICH POINT IS 1108'
SOUTHERLY MEASURED ALONG THE EASTERLY LINE OF SAID U.S. HIGHWAY NO. 1, AND FOLLOWING
THE CURVE THEREOF, FROM THE POINT OF INTERSECTION OF THE SAID EASTERLY LINE OF U.S.
HIGHWAY NO. 1 WITH THE NORTHERLY LINE OF SAID GOVERNMENT LOT 3 AND RUNNING THENCE
EASTERLY AND PARALLEL TO THE NORTHERLY LINE OF SAID GOVERNMENT LOT 3, A DISTANCE OF
149.79' TO A POINT; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID GOVERNMENT LOT 3,
A DISTANCE OF 352.9' TO A POINT MARKING THE SOUTHEASTERLY CORNER OF PREMISES WHICH
WERE CONVEYED BY C. ROBERT PITERA TO THE PARTY OF THE FIRST PART HEREIN BY DEED
Exhibit A - Page 2 of 3
DATED SEPTEMBER 19, 1984 AND RECORDED IN THE MONROE COUNTY CLERK'S OFFICE ON
OCTOBER 23, 1984 IN OR BOOK 924 AT PAGE 97, AND RUNNING NORTHERLY THEREFROM ALONG
THE EASTERLY LINE OF SAID U.S. HIGHWAY NO. 1 AND FOLLOWING THE CURVE THEREOF, A
DISTANCE OF 383.38' TO THE POINT OR PLACE OF BEGINNING.
RE #111660-000000 (BSM PARCEL #9045)
PART OF THE NW 1/4 OF SECTION 26, TOWNSHIP 66 SOUTH, RANGE 29 EAST, ON BIG PINE KEY,
MONROE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SW CORNER OF THE NW 1/4 OF SAID SECTION 26, RUN EAST ALONG THE
SOUTH BOUNDARY LINE OF THE NW 1/4 OF SAID SECTION 26, FOR A DISTANCE OF 660 FEET TO THE
POINT OF BEGINNING; THENCE RUN NORTH AND AT RIGHT ANGLES TO THE PRECEDING COURSE
FOR A DISTANCE OF 168 FEET MORE OR LESS, TO THE SOUTHERLY RIGHT OF WAY LINE OF U.S.
HIGHWAY NO. 1; THENCE RUN WESTERLY ALONG THE SOUTHERLY RIGHT OF WAY LINE OF U.S.
HIGHWAY NO. 1 FOR A DISTANCE OF 200 FEET; THENCE RUN SOUTH FOR A DISTANCE OF 168 FEET
MORE OR LESS TO A POINT ON THE SOUTH BOUNDARY LINE OF THE NW 1/4 OF AFORESAID
SECTION 26; THENCE RUN EAST ALONG THE SOUTH BOUNDARY LINE OF THE NW 1/4 OF SAID
SECTION 26 FOR A DISTANCE OF 200 FEET TO THE POINT OF BEGINNING.
RE #111800-000000
A parcel of submerged land in Pine Channel in Section 27, Township 66 South, Range 29 East, Monroe County,
Florida, more particularly described as follows:
Commencing at the Southeast Corner of Government Lot 2, Section 27, Township 66 South, Ranger 29 East,
run West on the South line of said Lot 2 a distance of 531 feet, more or less, to the intersection of said South
line of said Lot 2 with the shoreline. Aforementioned point of intersection also to be known as the point of
beginning of the parcel of land hereinafter described. From said point of beginning run West 269 feet; thence at
right angles run North 1500 feet; thence at right angles run East 20 feet, more or less, to the shoreline; thence
meander the shoreline in a Southerly direction back to the point of beginning. Containing 11.1 acres more or
less.
RE #111880-000000
A strip of land in part of Section 26, Township 66 South, Range 29 East, on Big Pine Key, Monroe County,
Florida, and being more particularly described by metes and bounds as follows:
Commencing at the intersection of the East Line of Section 27 and the North Right -Of -Way line of US Highway
No. 1, then bear North 89 degrees and 51 minutes West 234 feet to the Point Of Beginning of the strip of land
hereinafter described; thence continue bearing North 89 degrees and 51 minutes West along the North Right -
Of -Way line of US Highway No. 1 for a distance of 116 feet; thence bear North 30 feet; thence bear South 89
degrees and 51 minutes East 116 feet; thence bear South 30 feet to the Point Of Beginning.
RE #246210-000000 (BSM PARCEL #9652)
ALL OF TRACT "C", OF CAHILL PINES AND PALMS SUBDIVISION, AS RECORDED IN PLAT BOOK 3,
PAGE 94, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA.
RE #246220-000000 (BSM PARCEL #13424)
ALL OF TRACT "D", OF CAHILL PINES AND PALMS SUBDIVISION, AS RECORDED IN PLAT BOOK 3,
PAGE 94, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA.
Exhibit A — Page 3 of 3
LAND AUTHORITY GOVERNING BOARD
AGENDA ITEM SUMMARY
Meeting Date: March 21, 2007
Division: Land Authority
Bulk Item: Yes No X Contact / Phone #: Mark Rosch / 295-5180
Agenda Item Wording: Approval of a resolution authorizing the conveyance of Block 3, Lots 2, 3, and
4, Silver Shores Estates to the Monroe County Board of County Commissioners for use as a park.
Item Background: The subject properties are located at the end of Bay Shore Drive on Ramrod Key
and are used by the public for swimming, picnicking, and sunbathing. One of the concerns raised by
the public at a recent CommuniKeys public meeting was the need to prohibit overnight parking at this
site. In order to address this concern, staff proposes that the Land Authority transfer the properties to
the Board of County Commissioners so the BOCC can adopt an ordinance establishing hours of
operation.
The proposed resolution authorizes the conveyance subject to a deed restriction limiting future use to
public recreation.
Advisory Committee Action: On February 28, 2007 the Land Authority Advisory Committee voted 5/0
to approve this item.
Previous Governing Board Action: None.
Contract/Agreement Changes: None.
Staff Recommendation: Approval
Total Cost: $518.50
Budgeted: Yes X No
Cost to Land Authority: $518.50 Source of Funds: Land Authority
(Tourist Impact Tax and State Park Surcharge)
Approved By: Attorney X County Land Steward X .
Documentation: Included: X To Follow: Not Required:
Disposition: Agenda Item
P ro pe rty
Purchase
Price
Silver Shores Estates $0.00
Block 3, Lots 2, 3 and 4
(Monroe County Land Authority)
CONVEYANCE TO BOCC
03/21 /07
Envr. Audit, Survey
Title
Attorney
Recording
Total
or Clean-up
Insurance
Fee
Fee
Costs
$0.00
$0.00
$500.00
$18.50
$518.50
RESOLUTION NO.
A RESOLUTION OF THE MONROE COUNTY
COMPREHENSIVE PLAN LAND AUTHORITY AUTHORIZING
THE CONVEYANCE OF BLOCK 3, LOTS 2, 3, AND 4 OF
SILVER SHORES ESTATES TO THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS FOR USE AS A PARK.
WHEREAS, section 380.0666(3), Florida Statutes (FS) and section 9.3-2, Monroe County Code,
empower the Monroe County Comprehensive Plan Land Authority (hereinafter "Land Authority")
to acquire and dispose of interests in real property for the purpose of providing public
recreational facilities where said acquisitions are consistent with a comprehensive plan adopted
pursuant to Chapter 380, FS; and
WHEREAS, the Land Authority is the owner of Block 3, Lots 2, 3, and 4, Silver Shores Estates
(PB 4-111) on Ramrod Key (hereinafter "subject properties") and said properties are used by
the public for recreational purposes; and
WHEREAS, in response to requests by the public, the Monroe County Public Works
Department and County Attorney's Office have initiated steps to formally designate the subject
properties as a park and to establish hours of operation; and
WHEREAS, in order to facilitate this process it is necessary for the Land Authority to transfer
title to the subject properties to the Monroe County Board of County Commissioners; and
WHEREAS, the Land Authority Advisory Committee considered this resolution at a meeting held
on February 28, 2007 and voted 5/0 to recommend approval; NOW, THEREFORE,
BE IT RESOLVED BY THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY:
The Chairman of the Land Authority Governing Board is hereby authorized to sign a deed
conveying title to the subject properties to the Monroe County Board of County Commissioners.
Said deed shall restrict future use of the properties to public recreation.
PASSED AND ADOPTED by the Monroe County Comprehensive Plan Land Authority at a
regular meeting on this day of 2007.
(Seal)
ATTEST:
MONROE COUNTY COMPREHENSIVE
PLAN LAND AUTHORITY
Mark J. Rosch Charles "Sonny" McCoy
Executive Director Chairman
Approved for Legal Sufficiency
Larry R. Erskine