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Item K4eLAND AUTHORITY GOVERNING BOARD AGENDA ITEM SUMMARY Meeting Date: August 20, 2008 Division: Land Authority Bulk Item: Yes No X Contact / Phone #: Mark Rosch / 295-5180 Agenda Item Wording: Approval to purchase property for conservation - Block 9, Lot 20, Bahia Mar Estates on Key Largo. Item Background: This item is proposed to protect natural resources and property rights pursuant to County Commission Resolution 136-2008 (ROGO administrative relief). The subject property is a 50' x 105' lot on Valencia Road near MM 102 on the oceanside of Key Largo. The property is designated Tier 3-A Special Protection Area, zoned Improved Subdivision, and consists of tropical hardwood hammock vegetation. The Land Authority's standard purchase contract will be used for this transaction. The agenda packet spreadsheet lists the legal description, purchase price, and estimated closing costs. Advisory Committee Action: On 7/30/08 the Land Authority Advisory Committee voted 5/0 to approve this acquisition. Previous Governing Board Action: Sitting as the County Commission, the Board approved Resolution 136-2008 requesting the Land Authority to offer to purchase the property as administrative relief. Contract/Agreement Changes: None Staff Recommendation: Approval. Total Cost: $86,161.00 Budgeted: Yes X No Cost to Land Authority: $86,161.00 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 I� Purchase Price Bahia Mar Estates $85,000.00 Block 9, Lot 20 (Fried) PURCHASE CONTRACTS 08/20/08 Envr. Audit, Survey Title Attorney Recording Total or Clean-up Insurance Fee Fee Costs $0.00 $642.50 $500.00 $18.50 $86,161.00 1 9%j J� J + r yl F rip S. Rr RESOLUTION NO.136-2008 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY HAROLD & SHERRY FRIED ON PROPERTY DESCRIBED AS LOT 20, BLOCK 9, BAHIA MAR ESTATES SUBDIVISION, KEY KEY LARGO, RE # 00545040.000000 IN THE FORM OF A PURCHASE OFFER FROM THE LAND AUTHORITY. 'WHEREAS, Harold & Sherry Fried submitted an application for administrative relief under Sec. 9.5-122.3 of the Monroe County Land Development Regulations; and 'WHEREAS, the Monroe County Board of County Commissioners makes the following findings of fact and conclusions of law: The application for administrative relief from Harold & Sherry Fried is for Lot 20, Block 9, Bahia Mar Estates Subdivision, Key Largo in Monroe County, Florida having RE# 00545040.000000. 2. The date of the ROGO application is 4/8/2004. 3. The ROGO allocation application has been in the ROGO system for at least four (4) consecutive years and qualifies for administrative relief under Policy 101.6.1 of the Monroe County Year 2010 Comprehensive Plan, 4. Monroe County Code (MCC) Section 9.5-122.3 provides a mechanism whereby an applicant who has not received an allocation award in ROGO may apply to the Board of County Commissioners for administrative relief. 5. The Board of County Commissioners (BOCC) has the authority to grant administrative relief under Section 9.5-122.3(f) and may grant the applicant a building allocation, offer to purchase the property at fair market value, or provide such other relief as may be necessary and appropriate. 6. The applicant applied for administrative relief on 4/9/2007, under Section 9.5- 122.3 of the MCC and Policy 101.6.1 of the 2010 Comprehensive Plan. 7. Policy 101.6.5 of the 2010 Comprehensive Plan provides criteria to be used for determining lands that are appropriate for acquisition and the criteria includes the environmental sensitivity of the vegetative habitat on the lot and the applicable Tier designation. 8. The subject property has the land use district designation of Improved Subdivision (IS), is located in the Bahia Mar Estates Subdivision and is located in a Tier 3-A designated area and is also within the Florida Forever acquisition boundary. 9. Monroe County Code (MCC) Section 9.5-122.3(fJ states the Board may offer to purchase property at its fair market value as the preferred action for property located within Tier 3-A. ADMINISTRATIVE RELIEF RESOLUTION Page I of 2 RE# 00545040.000000 04300668 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Administrative relief is granted to Harold & Sherry Fried, for Lot 20, Block 9, Bahia Mar Estates Subdivision, Key Largo in the form of a purchase offer by the Monroe County Land Authority. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 21 day of _May, 2008. Mayor Charles "Sonny" McCoy Yes Mayor Pro Tem Mario DiGennaro Yes Commissioner Dixie Spehar Yes Commissioner George Neugent yPg Commissioner Sylvia J. Murphy Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor Charles "Sonny" McCoy co MONROE COUNTY ATTORNEY i APPROVED AS TO 7M: SUSAN M. GRIMY ' cry c : AS TANT COUN ATTORNE i Date � Ga C p ea r_ ADMINISTRATIVE RELIEF RESOLUTION Page 2 of 2 RE## 00545040.000000 04300668