Item F8LAND AUTHORITY GOVERNING BOARD
AGENDA ITEM SUMMARY
Meeting Date: September 21, 2011
Bulk Item: Yes No X
Division: Land Authority
Contact / Phone #: Mark Rosch / 295-5180
Agenda Item Wording: Approval of a resolution authorizing the conveyance of pre -acquired Florida
Forever properties in Torch Key Estates to the Board of Trustees of the Internal Improvement Trust
Fund of the State of Florida.
Item Background: The Land Authority serves as a local partner with the State to assist in the
acquisition of Florida Forever lands. One of the ways the Land Authority assists the State is by pre -
acquiring properties in multiple small transactions and conveying the properties to the State in a single
larger transaction.
The proposed resolution authorizes the transfer to the State of 76 parcels (8.7 acres) of pre -acquired
Florida Forever property in Torch Key Estates subdivision on the bayside of Little Torch Key. The
conveyance is structured as a donation rather than a sale because the Land Authority's costs of
acquiring the subject properties have already been reimbursed by building permit applicants in ROGO.
The subject properties are designated Tier 1 — Natural Area, zoned Improved Subdivision, and located
within the Florida Keys Ecosystem project of the Florida Forever program.
The proposed transaction will consolidate ownership and management of public conservation lands in
this area of Little Torch Key. The subject properties will be protected from development by the State
Florida Forever program and by deed restrictions in favor of the Land Authority.
Advisory Committee Action: On August 31, 2011 the Committee voted 4/0 to approve the subject
resolution.
Previous Governing Board Action: On August 15, 1995, the Board approved Resolution 04-95,
which authorized the subject properties to be used in the ROGO dedication process. Paragraph 3 of
Attachment A specifically references the eventual donation of the properties to either the state or
federal government for conservation.
Contract/Agreement Changes: N/A
Staff Recommendation: Approval
Total Cost: $ 500.00 Indirect Cost: $ Budgeted: Yes X No
Cost to Land Authority: $ 500.00
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
Property
Sales
Price
76 parcels in $0.00
Torch Key Estates,
Block 1, Lots 2-4, 6-9, 11-13, 15-20, 23;
Block 2, Lots 3-19, 27-36, 39-41;
Block 3, Lots 4, 6-13, 26, 28, 31-32;
Block 4, Lots 2-6, 8-11;
Block 7, Lots 5-7, 10, 15-16; and
Block 9, Lot 3
LAND DONATION
09/21 /11
Title Attorney Recording
Survey Insurance Fee Fee
N/A N/A $500.00 N/A
Donee: Board of Trustees of the Internal Improvement Trust Fund
Total
Costs
$500.00
Aerial Photograph of Subject Property
Proposed Donation of MCLA Parcels in Torch Key Estates
Little Torch Key
RESOLUTION NO.
A RESOLUTION OF THE MONROE COUNTY
COMPREHENSIVE PLAN LAND AUTHORITY AUTHORIZING
THE CONVEYANCE OF PRE -ACQUIRED FLORIDA FOREVER
PROPERTIES IN TORCH KEY ESTATES TO THE BOARD OF
TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
OF THE STATE OF FLORIDA.
WHEREAS, the Monroe County Comprehensive Plan Land Authority (hereinafter "Land
Authority") serves as a local partner with the State of Florida to assist the State in acquiring
Florida Forever lands in the Florida Keys; and
WHEREAS, pursuant to said partnership, the Land Authority has pre -acquired the real
properties within Torch Key Estates identified in Attachment A (hereinafter "subject properties");
and
WHEREAS, the Land Authority's costs of acquiring the subject properties have been
reimbursed by building permit applicants in ROGO pursuant to Land Authority Resolution 04-95;
and
WHEREAS, on August 31, 2011, the Land Authority Advisory Committee considered this
resolution and voted 4/0 to recommend approval; NOW, THEREFORE,
BE IT RESOLVED BY THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY
that the Chairman is hereby authorized to execute a deed and associated closing documents to
convey title to the subject properties as a donation to the Board of Trustees of the Internal
Improvement Trust Fund of the State of Florida for inclusion in the Florida Forever program.
The deed executed by the Chairman shall be subject to the restrictions in Attachment B.
PASSED AND ADOPTED by the Monroe County Comprehensive Plan Land Authority at a
regular meeting on this day of , 2011.
(Seal)
ATTEST:
Chairman Kim Wigington
Vice Chairman Heather Carruthers
Commissioner Sylvia Murphy
Commissioner George Neugent
Commissioner David Rice
MONROE COUNTY COMPREHENSIVE
PLAN LAND AUTHORITY
Mark J. Rosch Kim Wigington
Executive Director Chairman
Approved as to Legal Form
Larry R. Erskine
Attachment A
MCLA Parcels in Torch Key Estates to be
Donated to BOT
Deed
Date of
AK
RE
Block
Lot
Owner
Reference
Title Policy
1277088
212080.000000
1
2
MCLA
1341-2239
1995
1277096
212090.000000
1
3
MCLA
1341-2239
1995
1277100
212100.000000
1
4
MCLA
1341-2239
1995
1277126
212120.000000
1
6
MCLA
1341-2239
1995
1277134
212130.000000
1
7
MCLA
1341-2239
1995
1277142
212140.000000
1
8
MCLA
1341-2239
1995
1277151
212150.000000
1
9
MCLA
1341-2239
1995
1277177
212170.000000
1
11
MCLA
1341-2239
1995
1277185
212180.000000
1
12
MCLA
1341-2239
1995
1277193
212190.000000
1
13
MCLA
1341-2239
1995
1277215
212210.000000
1
15
MCLA
1341-2239
1995
1277223
212220.000000
1
16
MCLA
1341-2239
1995
1277231
212230.000000
1
17
MCLA
1341-2239
1995
1277240
212240.000000
1
18
MCLA
1341-2239
1995
1277258
212250.000000
1
19
MCLA
1341-2239
1995
1277266
212260.000000
1
20
MCLA
1341-2239
1995
1277291
212290.000000
1
23
MCLA
1341-2239
1995
1277321
212320.000000
2
3
MCLA
1341-2239
1995
1277339
212330.000000
2
4
MCLA
1341-2239
1995
1277347
212340.000000
2
5
MCLA
1341-2239
1995
1277355
212350.000000
2
6
MCLA
1341-2239
1995
1277363
212360.000000
2
7
MCLA
1341-2239
1995
1277371
212370.000000
2
8
MCLA
1341-2239
1995
1277380
212380.000000
2
9
MCLA
1341-2239
1995
1277398
212390.000000
2
10
MCLA
1341-2239
1995
1277401
212400.000000
2
11
MCLA
1341-2239
1995
1277410
212410.000000
2
12
MCLA
1341-2239
1995
1277428
212420.000000
2
13
MCLA
1341-2239
1995
1277436
212430.000000
2
14
MCLA
1341-2239
1995
1277444
212440.000000
2
15
MCLA
1341-2239
1995
1277452
212450.000000
2
16
MCLA
1341-2239
1995
1277461
212460.000000
2
17
MCLA
1341-2239
1995
1277479
212470.000000
2
18
MCLA
1341-2239
1995
1277487
212480.000000
2
19
MCLA
1341-2239
1995
1277568
212560.000000
2
27
MCLA
1341-2239
1995
1277576
212570.000000
2
28
MCLA
1341-2239
1995
1277584
212580.000000
2
29
MCLA
1341-2239
1995
1277592
212590.000000
2
30
MCLA
1341-2239
1995
1277606
212600.000000
2
31
MCLA
1341-2239
1995
1277614
212610.000000
2
32
MCLA
1341-2239
1995
1277622
212620.000000
2
33
MCLA
1341-2239
1995
1277631
212630.000000
2
34
MCLA
1341-2239
1995
Page 1 of 2
Attachment A
MCLA Parcels in Torch Key Estates to be
Donated to BOT
Deed
Date of
AK
RE
Block
Lot
Owner
Reference
Title Policy
1277649
212640.000000
2
35
MCLA
1341-2239
1995
1277657
212650.000000
2
36
MCLA
1341-2239
1995
1277681
212680.000000
2
39
MCLA
1341-2239
1995
1277690
212690.000000
2
40
MCLA
1341-2239
1995
1277703
212700.000000
2
41
MCLA
1341-2239
1995
1277762
212760.000000
3
4
MCLA
1341-2239
1995
1277789
212780.000000
3
6
MCLA
1341-2239
1995
1277797
212790.000000
3
7
MCLA
1341-2239
1995
1277801
212800.000000
3
8
MCLA
1341-2239
1995
1277819
212810.000000
3
9
MCLA
1341-2239
1995
1277827
212820.000000
3
10
MCLA
1341-2239
1995
1277835
212830.000000
3
11
MCLA
1341-2239
1995
1277843
212840.000000
3
12
MCLA
1341-2239
1995
1277851
212850.000000
3
13
MCLA
1341-2239
1995
1277983
212980.000000
3
26
MCLA
1341-2239
1995
1278009
213000.000000
3
28
MCLA
1341-2239
1995
1278033
213030.000000
3
31
MCLA
1341-2239
1995
1278041
213040.000000
3
32
MCLA
1341-2239
1995
1278114
213110.000000
4
2
MCLA
1352-198
1995
1278122
213120.000000
4
3
MCLA
1352-198
1995
1278131
213130.000000
4
4
MCLA
1352-198
1995
1278149
213140.000000
4
5
MCLA
1352-198
1995
1278157
213150.000000
4
6
MCLA
1352-198
1995
1278173
213170.000000
4
8
MCLA
1352-198
1995
1278181
213180.000000
4
9
MCLA
1352-198
1995
1278190
213190.000000
4
10
MCLA
1352-198
1995
1278203
213200.000000
4
11
MCLA
1352-198
1995
1278971
213970.000000
7
5
MCLA
1341-2239
1995
1278980
213980.000000
7
6
MCLA
1341-2239
1995
1278998
213990.000000
7
7
MCLA
1341-2239
1995
1279021
214020.000000
7
10
MCLA
1341-2239
1995
1279072
214070.000000
7
15
MCLA
1341-2239
1995
1279081
214080.000000
7
16
MCLA
1341-2239
1995
1279293
214290.000000
9
3
MCLA
1341-2239
1995
Page 2 of 2
Attachment B
Deed Restrictions
The subject property is to be managed as conservation land under the single use concept to
protect and restore native plant and animal communities. Secondary uses, to the extent they do
not detract or interfere with the protection and restoration of native plant and animal
communities, will be to protect cultural resources and to provide natural resource -based
education and recreation. All other uses and activities are prohibited, including the transfer of
development rights to or from the subject property.
The above restrictions are perpetual, run with the land in favor of the grantor, can only be
amended by written consent of the grantor, and are binding on all present and subsequent
owners and mortgagees.
A RESOLUTION OF THE MONROE COUNTY LAND
AUTHORITY APPROVING AN AGREEMENT TO BE USED
FOR THE DONATION OF LAND IN CONJUNCTION WITH
THE ROGO DEDICATION PROCESS, APPROVING THE USE
OF CERTAIN PROPERTIES IN SAID PROCESS, AND
AUTHORIZING STAFF TO EXECUTE SAID AGREEMENT
WITH ROGO APPLICANTS.
WHEREAS, section 380.0666(3), Florida Statutes, and section 2.3, Acquisition and Program
Rule of the Monroe County Land Authority (hereafter "Land Authority"), empowers the Land
Authority to dispose of real property for the purpose of protecting the natural environment; and
WHEREAS, Monroe County's Dwelling Unit Allocation Ordinance (hereafter "ROGO"), at
section 9.5-122.1(A)(4), allows applicants to receive positive points for the voluntary dedication
of vacant buildable lots within areas proposed for acquisition by governmental agencies for the
purposes of conservation or resource protection; and
WHEREAS, the Planning Department's Administrative Interpretation #02-95 outlines the
eligibility and procedure for using Land Authority property in this dedication process; and
WHEREAS, on July 18, 1995, the Land Authority approved the concept of using Land Authority
property in this dedication process as a means of recovering Land Authority expenses and
assisting ROGO applicants seeking positive points in the ROGO ranking; and
WHEREAS, on July 27, 1995, the Land Authority Advisory Committee made recommendations
regarding policy and procedural aspects of the Land Authority's participation in this dedication
process; and
WHEREAS, the Land Authority wishes to accept the Advisory Committee's recommendations;
NOW, THEREFORE
BE IT RESOLVED BY THE MONROE COUNTY LAND AUTHORITY THAT:
The Agreement for Donation of Land included as Attachment A of this resolution is hereby
approved for use with the following properties in Torch Key Estates owned by the Land
Authority:
Block 1
Lots 2-4, 6-9, 11-20, 23
Block 2
Lots 3-19, 27-36, 39-41
Block 3
Lots 4, 6-13, 26, 28, 31, 32
Block 4
Lots 2-13, 25, 28, 29
Block 7
Lots 5-7, 10-16
Block 8
Lots 2-5, 13, 14
Block 9
Lots 3, 4
Block 10
Lots 3-6
Following execution of said agreement by a ROGO applicant, staff is hereby authorized to
execute same on behalf of the Land Authority.
PASSED AND ADOPTED by the Monroe County Land Authority at a regular meeting on this
15th day of August, 1995.
1
- f
A
s�
v
Mark J. Rosch
Executive Director
Approved for Legal Sufficiency
J
I ;� 4, � �
Larry R. Erskine
2
MONROE COUNTY LAND AUTHORITY
ATTACHMENT A
AGRI;I;MI;NT FOR DONATION OF I,AND
THIS AGIZF"l MGNT, made and entered into this day of
, 1995, by and between
NAME
hereinafter style the Applicant(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 Chairman of the Land Authority.
WITNESSETH:
1. The Applicant(s) have applied to Monroe County for a building permit to construct a
structure subject to the Dwelling Unit Allocation Ordinance (hereinafter "ROGO") under
application number
2. Pursuant to section 9.5-122.1(A)(4) of said ordinance, the Applicant(s) desire their
application to receive positive points for the voluntary dedication of vacant buildable lots
within areas proposed for acquisition by governmental agencies for purposes of conservation
or resource protection. Pursuant to Administrative Interpretation #02-95 by the Monroe
County Planning Department and as an alternative to donating qualified property to Monroe
County, the Applicant(s) desire to reimburse the Land Authority for the costs of qualified
property already acquired.
3. In consideration of
the Land Authority
LEGAL DESCRIPTION
hundred dollars ($4,800.00) to be paid by the Applicant(s) to
4. This Agreement shall remain in effect for a period of two (2) ROGO quarters. If the ranking
of the Applicant(s)' application is insufficient to receive an allocation award in the ROGO
during said period, this Agreement may be extended by written agreement of both parties.
5. If the ranking of the Applicant(s)' application is sufficient to receive an allocation award in
the ROGO, notice of the award will be made by the Monroe County Planning Department.
The Applicant(s) agree to deliver thr. amount in paragraph 3 above to the Land Authority
within thirty (30) days of receiving said notice. The Land Authority agrees to provide the
Applicant(s) a written receipt upon delivery of said payment. The Applicant(s) acknowledge
that Monroe County may not issue a building permit without evidence of said payment.
h. h is mutually understood and agreed that notice of acceptance of' this Agreement shall be
given to the Applicant(s) by certified mail addressed to the Applicant(s) at the 161lowing
address:
ADDRESS
CITY, STATE ZIP
and shall be effective upon date of mailing and shall be binding upon all of the Applicant(s)
without sending a separate notice to each.
7. It is mutually understood and agreed that this Agreement shall not be assigned in whole or in
part without the consent in writing of the Land Authority.
IN WITNESS WHEREOF, the Applicant(s) have hereunto signed their names and affixed their
respective seals, with the understanding that this Agreement cannot be executed by the Land
Authority until after it is reported to it for its consideration.
Applicant/ NAME
Applicant/ NAME
The Monroe County Comprehensive Plan Land Authority, acting by and through its Chairman,
has executed this agreement on ' behalf of the Monroe County Comprehensive Plan Land
Authority this day of .1995.
Attest:
(Seal)
Mark J. Rosch, Executive Director
2
MONROE COUNTY COMPREHENSIVE
PLAN LAND AUTHORITY
Jack London, Chairman