Item G3 G.3
t, BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
September 18, 2019
Agenda Item Number: G.3
Agenda Item Summary #6037
BULK ITEM: No DEPARTMENT: Land Authority Governing Board
TIME APPROXIMATE: STAFF CONTACT: Charles Pattison (305) 295-5180
4:00 P.M. Land Authority
AGENDA ITEM WORDING: Approval of a resolution authorizing payment of the judgment and
related court registry fees in Galleon Bay Corporation vs. Board of Commissioners of Monroe
County, Florida vs. State of Florida.
ITEM BACKGROUND: Staff has prepared this resolution at the recommendation of and in
consultation with the County Attorney. The resolution authorizes the Land Authority to pay the
judgment on behalf of the defendants and to receive title to the seven parcels which the court
determined are the subject of a permanent regulatory taking (Lots 1, 2, 3, 6, 7, 8, and 11 of Galleon
Bay subdivision on No Name Key).
The seven parcels total approximately 2.3 acres, are zoned Commercial Fishing Village, are
designated Tier 1 — Natural Area, and are located within an area of tropical hardwood hammock,
disturbed vegetation, and shoreline mangroves. The property qualifies for purchase under the
Acquisition List because it is Tier 1. The property will be acquired and managed as conservation
land.
The Clerk has calculated that through September 19, 2019, the principal and interest owed on the
final judgment for all lots totals $531,390.67. The resolution also authorizes payment of the
statutory service charge fee of $7,979.00 for payment into the registry of the Clerk. The total
payment will be $539,369.67.
ADVISORY COMMITTEE ACTION: On August 28, 2019 the Committee voted 4/0 to approve
the resolution.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES:
N/A
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G.3
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
REVISED MCLAResolution (9/11/19)
Aerial
FinalJudgment
FINANCIAL IMPACT:
Effective Date: n/a
Expiration Date: n/a
Total Dollar Value of Contract: n/a
Total Cost to County: n/a
Current Year Portion: n/a
Budgeted: n/a
Source of Funds: n/a
CPI: n/a
Indirect Costs: n/a
Estimated Ongoing Costs Not Included in above dollar amounts: n/a
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details: n/a
REVIEWED BY:
Charles Pattison Completed 08/30/2019 4:36 PM
Bob Shillinger Completed 09/03/2019 1:44 PM
Kathy Peters Completed 09/03/2019 1:49 PM
Board of County Commissioners Pending 09/18/2019 9:00 AM
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G.3.a
RESOLUTION NO.
A RESOLUTION OF THE MONROE COUNTY
COMPREHENSIVE PLAN LAND AUTHORITY AUTHORIZING
PAYMENT OF THE JUDGMENT IN GALLEON BAY
CORPORATION VS. BOARD OF COMMISSIONERS OF
MONROE COUNTY, FLORIDA VS. STATE OF FLORIDA.
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WHEREAS, pursuant to s. 380.0666(3)(a), Florida Statutes, the Monroe County Comprehensive
Plan Land Authority is authorized to acquire real property or any interest therein when such
acquisition is necessary or appropriate to satisfy private property rights claims resulting from
limitations imposed by the designation of an area of critical state concern; and 0
WHEREAS, Lots 1-11, 13, and 14, Revised Plat of Galleon Bay (PB 7-65) are the subject of a
private property rights claim in the case of Galleon Bay Corporation vs. Board of Commissioners
of Monroe County, Florida vs. State of Florida (Case No. CAK-02-595); and a
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WHEREAS said litigation resulted in a ruling against the defendants as to a permanent taking of
Lots 1, 2, 3, 6, 7, 8, and 11 and as to a temporary taking of Lots 4, 5, 9, 10, 13 and 14; and
WHEREAS, following a jury trial on the fair market value of the subject property, Circuit Judge
Mark Jones issued a Final Judgment dated May 26, 2016 entering judgment against the U)
defendants of $480,511.60 plus statutory interest from June 1, 2016 until the judgment is
satisfied; and
WHEREAS, the County Attorney is recommending that the County Commission request the
Land Authority to pay said judgment on behalf of the defendants and that as consideration the
Land Authority receive title to Lots 1, 2, 3, 6, 7, 8, and 11; and
WHEREAS, the Clerk of the Circuit Court and Comptroller's Office has calculated the judgment
of $480,511.60 plus statutory interest from June 1, 2016 to September 19, 2019 to be Us
$531,390.67; and
WHEREAS, pursuant to s. 28.24, Florida Statutes, there is a service charge due to the Clerk of
the Circuit Court and Comptroller's Office for receiving money into the registry of the court in the
amount of$7,979; and
WHEREAS, the total amount of the judgment, statutory interest, and service charge as of
September 19, 2019 is $539,369.67; and
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WHEREAS, the Land Authority Advisory Committee considered the County Attorney's
recommendation on August 28, 2019 and voted 4/0 to recommend approval; NOW,
THEREFORE,
BE IT RESOLVED BY THE MONROE COUNTY COMPREHENSIVE PLAN LAND
AUTHORITY: W
Section 1. The Land Authority Executive Director is authorized to deposit in the Registry of the
Court the judgment, statutory interest, and service charge in the total amount of$539,369.67 on
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G.3.a
behalf of the defendants of said case and to receive title to Lots 1, 2, 3, 6, 7, 8, and 11 as
consideration for said payment.
Section 2. Lots 1, 2, 3, 6, 7, 8, and 11 shall be acquired and managed as conservation land.
PASSED AND ADOPTED by the Monroe County Comprehensive Plan Land Authority at a
regular meeting on this day of 12019.
Commissioner Michelle Coldiron
Commissioner Danny Kolhage
Mayor Sylvia Murphy
Commissioner David Rice
Chairman Heather Carruthers
(Seal)
ATTEST: MONROE COUNTY COMPREHENSIVE
PLAN LAND AUTHORITY
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Charles G. Pattison Heather Carruthers g
Executive Director Chairman
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Approved as to form and legality:
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Adele V. Stones, Esquire
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Aerial Photograph of Parcels to be Acquired by Land Authority
Lots 1, 2, 3, 6, 7, 8, and 11, Galleon Bay
No Name Key
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IN THE CIRCt,(rr couio', OFTHE SIX'I'EEN'Ifi ,it)'I)I(.,,,IAI., CIRCUIT'
IN AND FOR, MONROE ('"'OUNTY, FLORI DA S
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(PALLE"ON BAY CORPORAIJONa Horida C'ASF Cord ('A]<-02-595
Corporation, 0
Plaintill',
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BOARD OF COMMISSIOMIRS 01'�'
MONROF ('01-W]"Y', 1-1-0RIDA,
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S'l A IT 0lA,'1.,(DIDIDA,
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Third. Party Def"endarit,
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FINALRIDGMENT
THIS CAUSE cafnc before the court Up011 the jury verclict reSUl(illg frorn tile I',ebru,,,11.�/
2016jury trial on the fair market value oftfle sub"
ject property as OfRll)l 19, 2()4)1 , 0
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UPON CONSIDERATION oftfic vercfict, the JUdginent of'Liability and Order ofTa kin g,
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thc record and t)eing otherwise l'UHN-advisect in thc premises, it is
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OR1)ER.1"1.) AND A1:)JU1)GE1.) that 'judgment is here;b CL
y entered ir, favor ofGilleon Bay CL
Cbrponcitiorr and against Del'endants as f6flows:
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1 The E jury dellermined t1lit the flair market value Ol'the SUbJect k)ts as, ()j'July 19, 2001,
was as f6flows: :2
1-01, RE 9 VALUE U-
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Lot 1 319494-000100 $45,000.00 E
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L-ot 2
—----------- 1�9494-000200 $35,000,00
last is 3 19494-0003 30
00 $ ,000MO
............—- .........1.,- -......... .....
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& tat 4 $30,000,t.0
Lot 5 319494 (ff1f1500 ;34f,(:00,00
__....._ __....___ _..__.. _.._._.._ _ .. .__. c
Lot 6 319 49 4-C3(1(1600 $35,000,00
Lot .319 4c1°4-fl(l(1700 $l 1,5t:ft .00 0
_ _...._. .... ...— _.. ._.__... .........__ ........
Lot 8 319494 (f(lt) (:10 1 1,5001 .00 CO_.._......_w___.. _. ...... _. _.__. _ ....... ....__ m C
Lot. ly _311y49 4-01009c 0(l
1 cat l l;t :t 1 9494-00 1000 $1 1,5(l(fMO �
Lot 1 1 _ 31 9494 01O 1 100 $11,500,00 �
1,c.>t I 3 9494-001300 1l,5t10,t0 �
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Lot 14 +19494-001400 � �
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2 Will, respect to the takings of Lots I n 7, :3, t'a, 7„ 8, and 11, that were f6a,nd to tic �
p rmaa:rrcrnt in the (:)rder. of Tak,ing, Defendants shall paayy Galleon .Bay the total flair
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raaar'k t value of the lcats ($179,500,00), plus sirarple staataatcar"y artC1'eSt f'rc nI Julys 19
2001, aaratil Payaarent is made, a6a.ac14 mace will be entered in the aarrrtaunt; of $3743,5 t1,70
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wwlliCh hIClaacl s prejudgment interest as of .fune 1. 2016. l,ilion payll,lerrt of' tlais jaast 0
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Corrrlrc,rrsaatic:n, title of" Loss 1, 2 1 t3 '7, CS,. aand I I Shall pass tea Monroe County, �
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, With respect to the tesYapor lr'y taking cal' l..cat 4, 1yef ,raalarrts shall pay Galleon flary.
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smrriple Statutory i11erest on the Rair rraarket valUe, of the lot ($3� t,000,0 ) fi°tam my '1
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2001, tlmr•aaUL4111 Ar.Igust 29, 2013„ in the aarrrc tint of 27, 27.7? briars l-arejaral rilerat
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interest as cal"June 1, 20. 6 in the; arrncaunt, of$3,(,88,58,
With respect to the terral.acararrvy° taking of Lcrt 5, Defendants shall pay (Julleon 1by
siaaalale statutory interest ()II t1ac: fair market vaalrae caft1ae Cc:at ( :3(l 000.001) fMr°carer .laxly 19,
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2001, thraaUgh .hares 27, 20 12, in the aralourit o '$26,0 .a4:3 lalr;rs prc°picdgmerrt interest 0
in the aaratou nt of$4,866,53 as of june 1, 20 16.
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5,. With I-esPect to the terliporary taking of' Lot 9, Defendints s,liall pay Galleon Bay
SiMple SIMUtory interest oil the thir markct value ol'the lot ($11,,500.00) from Rd)[ 19, S
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2001, thrOUgh Marcli 28', 2012, in the amtmmcaMIt, of$9-889,83 PILI!S 1.)rejudg nient inicrest
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in the anIOUIlt Of'$ 1,903,5 5 as OCRUIC, 1, 2016. 0
6� With NsPect to the temporary taking o,f Lot 10, Def'endants sholl pay (jaijeoli 13,1y
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simple SWUIOrY interest oil die fiair market VdILle oll'the lot ($11,500.00) fi-om July 19.,
200 1 , thrOUgh, Mardi 28, 2012� in die arnOUlit (:)JI"$ 9,889,83 phis preJudginent ititerest
ir] flIC dITIOU11t, Of'$ 1,90155 as of'June 1, 2016
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7, With respect to the tem orar
P y taking (:)f' Lot 13, Deflendant's shall pay Gallecut Bay
sill-iple statutory filterest On the flair market ValUe of'the lot ($11,500,00) from JUN 19,
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2001, through March 1), 2011. in the amount oi'$ 9,234,,97 I)I'LIS PIVIjUdgMelit intel"est
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in time a1]1-101,1111 01'$ 2,761.91 as of'.)une 1, 2016,
8 With "esPect to tile teniporary taking ot' I- of14, Ddendants shalt pay (Jalleon Bay
simple StalUtory interest cm Iiie 1'2rir niarket value of"the lot ($11,500,00) firon-I July 19, 0
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2001 1, thl�()Ugh ALIgUSt 29, 2012, hl the allIOLI[It Of' $ 10,1 1&93 PIUS prqJud.lpllent
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interest it, the amount cot'$1,765 t7 aS 00LUIC 1, 2016
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9. The Court f-inds that Plainflfi'is as pre'vailing party and is vntifled u) 1-ccover uttorney-S,
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f�es and costs, Accordingly, pier CoUll hereby retains Jurisdiction to condUCt a6 lleaffiljg
after the entry of'the final
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judgment to deteri-nine the aniount cent lees and costs to be
awarded by a separate.judgmetrot.
10. Tile COLIM liereby entersJudgment in [lie total amount of"$480,5 11 M (F'OL11- HUrldred ao
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r".i ,linty rj-,0LISc11ld Five flundrcd L'Iev,en dollars and sixty cents) �fljiell inckides, :2
prejudgment interest U1af0JUllC' 1, 2016with statutory in,terestftornJune 1, 2016until U-
jUdgnierii is satisfied.
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Subject to the provisi(),is crj, § I I M66, 1"la, Stat, LE]" EXEC'UTION ISSUIE', The COLIft
retaillsJurisdiction to a"'.'sess attorneys' f(_,eS fflid costs.
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Case No,', 2002-CA-595-K
DONE and OR: lAF°;,D at Key VVest, Monroe Q.a Unly, Florida, this (irry ��i`[�� jy
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