Item H3 H.3
County �� � .�� �y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Coldiron,District 2
�1 nff `ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys Craig Cates,District 1
Eddie Martinez,District 3
w � Holly Merrill Raschein,District 5
County Commission Meeting
October 203, 2021
Agenda Item Number: H.3
Agenda Item Summary #9309
BULK ITEM: No DEPARTMENT: Land Authority Governing Board
TIME APPROXIMATE: STAFF CONTACT: Christine Hurley (305) 295-5180
9:15 A.M. Land Authority
AGENDA ITEM WORDING: Approval to accept the transfer of title to Lot 38, Doctors Arm
Third Addition Section B, Big Pine Key from Monroe County for conservation.
ITEM BACKGROUND: This acquisition is proposed to protect the natural environment and to
fulfill the requirements of Land Authority Resolution 08-2019.
This property was the subject of an inverse condemnation judgment in favor of Donald Davis and
against the County and the State in the case of Thomas F. Collins et al, Donald Davis, v. Monroe
County and State of Florida. On 11/21/19, pursuant to Land Authority Resolution 08-2019, the
Land Authority paid the judgment, statutory interest, and statutory service charge fee totaling
$381,357.06 associated with this litigation on behalf of the defendants. On 9/7/21 the plaintiff's
deed to Monroe County was recorded. Resolution 08-2019 calls for the property to be acquired and
managed as conservation land and for the Land Authority to receive a property interest. Pursuant to
this requirement, staff is proposing that Monroe County transfer fee simple title to Land Authority.
The subject property consists of a 6,000 square foot canal lot at 2221 San Remo Drive on the bay
side of Big Pine Key near mile marker 30. The property has a tier designation of Tier 2 — Transition
and Sprawl Area, a zoning designation of Improved Subdivision, and vegetation consisting of exotic
and tropical hardwood hammock species. The Southeast Florida Regional Climate Change Compact
sea level rise projection for the period from 2000 to 2070 is 21 to 54 inches. In the event of a 24-
inch increase in sea level, estimates provided by the South Florida Water Management District
indicate this property will have a 25.1% to 100% probability of being inundated. The property
qualifies for acquisition under the Land Authority Acquisition List because it is Tier 2.
ADVISORY COMMITTEE ACTION: On September 29, 2021 the Committee voted 4/0 to
approve accepting the transfer of title from Monroe County for conservation.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES:
N/A
Packet Pg. 1872
H.3
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Doctors Arm 3rd Add Sec B
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
REVIEWED BY:
Mark Rosch Completed 10/05/2021 1:07 PM
Christine Hurley Completed 10/05/2021 1:13 PM
Liz Yongue Completed 10/05/2021 2:24 PM
Board of County Commissioners Pending 10/20/2021 9:00 AM
Packet Pg. 1873
H 3.a
DONATION TO MCLA
10/20/21
0
Purchase Title Fees& Attorney Recording Total
Property Price Survey Insurance Fee Fee Costs
0
Lot38 $0.00 N/A $475.00 $475.00 $35.50 $985.50
Doctors Arm Third Addition Section B
Big Pine Key
Seller: Monroe County
CL
r9
E
c�
0
0
r9
0
rtl
N
r9
E
c�
0
0
Packet Pg. 1874
H 3.a
Aerial Photograph of Subject Property
Lot 38, Doctor's Arm Third Addition Section B
Big Pine Key 0
2
a C
c' gat 'G'` " , hi - - '-✓_, - - iu; jrf� 0
CL
CO
a E
r
t
00 .. Y ✓' 11M14u � r Ls
t
��t`
r ` �
i
'l fff
Packet Pg. 1875
H.3.a
RESOLUTION NO. 08-2019
A RESOLUTION OF THE MONROE COUNTY
COMPREHENSIVE PLAN LAND AUTHORITY AUTHORIZING
PAYMENT OF THE JUDGMENT IN THOMAS F. COLLINS ET
AL., AND DONALD DAVIS VS. MONROE COUNTY VS. STATE c
OF FLORIDA.
WHEREAS, pursuant to s. 380.0666(3)(a), Florida Statutes, the Monroe County Comprehensive
CL
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
WHEREAS, Lot 38, Doctor's Arm Third Addition Section B (PB 6-40) (hereinafter "Subject
Property") is the subject of a private property rights claim in the case of Thomas F. Collins et al.,
and Donald Davis vs. Monroe County vs. State of Florida (Case No. 04-CA-379-M); and
r9
WHEREAS said litigation resulted in a ruling against the defendants as to a permanent taking of E
the Subject Property; and
c�
WHEREAS, following a stipulation by the parties as to the fair market value of the Subject
0
Property, Circuit Judge Mark Jones issued a Final Judgment dated February 15, 2017 entering c
a judgment against the defendants of $347,475.53 plus statutory interest from December 31,
2016 until the judgment is satisfied; and
0
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 the Subject Property; and
WHEREAS, the Clerk of the Circuit Court and Comptroller's Office has calculated the judgment
of $347,475.53 plus statutory interest from December 31, 2016 to November 21, 2019 to be .�
$375,714.06; and
WHEREAS, pursuant to s. 28.24, Florida Statutes, there is a service charge due to the Clerk of N
the Circuit Court and Comptroller's Office for receiving money into the registry of the court in the
amount of$5,643.00; and
WHEREAS, the total amount of the judgment, statutory interest, and service charge as of
November 21, 2019 is $381,357.06; and
WHEREAS, the Land Authority Advisory Committee considered the County Attorney's
recommendation on October 30, 2019 and voted 5/0 to recommend approval; NOW,
THEREFORE,
BE IT RESOLVED BY THE MONROE COUNTY COMPREHENSIVE PLAN LAND
AUTHORITY:
0
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$381,357.06 on W
Page 1 of 2
Packet Pg. 1876
H 3.a
behalf of the defendants of said case and to receive a property interest in the Subject Property
as consideration for said payment.
2
Section 2. The Subject Property shall be acquired and managed as conservation land.
PASSED AND ADOPTED by the Monroe County Comprehensive Plan Land Authority at a o
regular meeting on this ?Oth day of November 2019.
,it AUT"01t17-Y
Commissioner Michelle Coldiron Yes
�? Commissioner Danny Kolhage absent
Commissioner Sylvia Murphy Yes
Commissioner David Rice Yes
Chairman Heather Carruthers
ATTE F«nw ,*,, MONROE C T OMPREHENSIVE
PLAN LA
Charles G. Pattison Heather Carruthers
Executive Director Chairman
Approved as to form and legality:
Ar,&� y jt,- �
Adele V. Stones, Esquire
0
N
w
E
0
U
0
U
Page 2 of 2
Packet Pg. 1877