Item I2 �5 L2
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County of Monroe
�y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
County �a� 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: I.2
Agenda Item Summary #9772
BULK ITEM: No DEPARTMENT: County Land Acquisition and Land
Management
TIME APPROXIMATE: STAFF CONTACT: Christine Hurley (305) 295-5180
9:25 AM
AGENDA ITEM WORDING: Approval of a resolution authorizing transfer of Lot 38, Doctors
Arm Third Addition Section B to the Monroe County Land Authority.
ITEM BACKGROUND: On October 14, 2011, the Circuit Court found the County and the State
jointly liable for inverse condemnation in the matter of Thomas F. Collins et al, Donald Davis, v.
Monroe County and State of Florida in Circuit Court Case NO. 04-CA-379-M for Donald Davis
only. The County and State prevailed as to all other plaintiffs. On February 15, 2017, the court
entered a Final Judgment for Plaintiff Donald Davis establishing the amount of damages owed to
Mr. Davis plus interest.
After appeals were resolved, the Land Authority paid $381,357.06 into the registry of the Court on
behalf of the County and the State. That amount represented the total amount of Final Judgment as
to liability and just compensation, exclusive of attorney's fees and costs, together with statutory
interest and the statutory Clerk's fees, as of the date of payment. On November 22, 2019, the Clerk
of County Court issued a Satisfaction of Judgment.
On August 19, 2020, the Board of County Commissioners of Monroe County, Florida passed
Resolution No. 227-2020, approving a settlement and release agreement between the County and
State that resolved all claims between the County and State in the Davis litigation, exclusive of
attorneys' fees and costs. The State subsequently reimbursed the County $190,678.53 for its 50% of
the Final Judgment that the County individually paid.
When the Land Authority authorized payment of these funds, the Land Authority Governing Board
passed Resolution 08-2019, indicating the subject property would be acquired and managed as
conservation land.
This proposed resolution authorizes transfer of Lot 38, Doctors Arm Third Addition Section B,
according to the plat hereof as recorded in Plat Book 6 at Page 40 of the Public Records of Monroe
County, Florida, acquired through the Final Judgement via quit claim deed recorded in Bk4 3124,
P94 731.
Packet Pg. 1982
L2
Upon approval of this resolution, staff will process a deed from Monroe County to Monroe County
Land Authority.
PREVIOUS RELEVANT BOCC ACTION:
9/15/21, the BOCC adopted Resolution 286-2021.
8/19/20, the BOCC adopted Resolution 227-2020.
CONTRACT/AGREEMENT CHANGES:
Resolution
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Stamped Resolution Transferring Davis property to MCLA
DavisD07Aerial2021
DavisD l OMCLAReso108-2019
DavisDl4WDtoMC recorded
DavisDl5BOCCResol286-2021
FINANCIAL IMPACT:
Effective Date: 9/15/2021
Expiration Date: upon payment
Total Dollar Value of Contract: n/a
Total Cost to County: n/a
Current Year Portion: n/a
Budgeted: Yes
Source of Funds: 148-67504-530310-00032
CPI: n/a
Indirect Costs: n/a
Estimated Ongoing Costs Not Included in above dollar amounts: n/a
Revenue Producing: No If yes, amount: n/a
Grant: n/a
County Match: n/a
Insurance Required: n/a
Additional Details:
N/A
Packet Pg. 1983
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REVIEWED BY:
Dina Gambuzza Completed 10/04/2021 9:31 AM
Mark Rosch Completed 10/04/2021 9:49 AM
Christine Hurley Skipped 10/04/2021 9:20 AM
Christine Hurley Skipped 10/04/2021 9:20 AM
Christine Limbert Skipped 10/04/2021 9:21 AM
Purchasing Completed 10/04/2021 9:58 AM
Bob Shillinger Completed 10/04/2021 10:10 AM
Budget and Finance Completed 10/05/2021 11:44 AM
Risk Management Completed 10/05/2021 11:56 AM
Liz Yongue Completed 10/05/2021 12:39 PM
Board of County Commissioners Pending 10/20/2021 9:00 AM
Packet Pg. 1984
1.2.a
RESOLUTION NO. -2021
A RESOLUTION OF THE BOARD OF COUNTY E
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
AUTHORIZING THE CONVEYANCE OF LOT 381
DOCTOR'S ARM THIRD ADDITION SECTION B TO THE T
MONROE COUNTY LAND AUTHORITY.
WHEREAS, on February 15, 2017, Circuit Judge Mark Jones entered a Final Judgment in 2
favor of Plaintiff Donald Davis in the matter of Thomas F. Collins et al., and Donald Davis v.
Monroe County and State of Florida in Circuit Court Case NO. 04-CA-379-M, against Monroe
County and State of Florida; and T)
WHEREAS, on November 21, 2019, pursuant to Monroe County Land Authority
Resolution 08-2019 and on behalf of the defendants in said case, the Monroe County Land
Authority (hereinafter "Land Authority") paid the judgment, interest, and statutory Clerk's fees
in the total amount of$381,357.06; and
WHEREAS, pursuant to said Final Judgment, the Plaintiff has conveyed to Defendant
Monroe County title to the real property at issue described as Lot 38, Doctor's Arm Third
Addition Section B, according to the plat thereof recorded in Plat Book 6, at Page 40 of the 0
Public Records of Monroe County, Florida (hereinafter"Subject Property"); and W
WHEREAS, Land Authority Resolution 08-2019 calls for the Land Authority to receive
an interest in the Subject Property as consideration for the Land Authority's payment and for c
the Subject Property to be acquired and managed as conservation land; and
WHEREAS, pursuant to Land Authority Resolution 08-2019 and in accordance with 0
Section 125.38, Florida Statutes, the Board of County Commissioners of Monroe County, 0
Florida desires to convey the Subject Property to the Monroe County Land Authority;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. The Monroe County Land Authority has applied for the conveyance of the
Subject Property.
Section 2. The purpose for which the Subject Property shall be used is conservation. y
Section 3. The conveyance shall be a donation.
Section 4. The Mayor/Chairman is authorized to execute the deed and closing documents
necessary to convey the Subject Property to the Land Authority.
a�
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Packet Pg. 1985
1.2.a
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting held on the 20th day of October 2021.
Mayor Michelle Coldiron 0
Mayor Pro Tem David Rice o
Commissioner Craig Cates
Commissioner Eddie Martinez
Commissioner Holly Merrill Raschein
m
BOARD OF COUNTY COMMISIONERS
OF MONROE COUNTY, FLORIDA
Ln
By:
Mayor Michelle Coldiron -�
(SEAL)
ATTEST: KEVIN MADOK, CLERK
v;
By:
Deputy Clerk
0
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APPROVED AS TO FORM AND LEGAL SUFFICIENCY
FOR RELIANCE BY THE MONROE COUNTY BOCC ONLY
Digitally signed by Robert B.Shillinger N
DN:cn=Robert B.Shillinger,o=Monroe County BOCC, >
Robert B. Shillinger ou=Monroe County Attorney,email=Shillinger-
bob@monroecounty-fl.gov,c=US CD
Date:2021.10.04 10:09:01-04'00'
Robert B.Shillinger,County Attorney
c
0
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Packet Pg. 1986
L2.b
Aerial Photograph of Subject Property
Lot 38, Doctor's Arm Third Addition Section B
Big Pine Key
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Packet Pg. 1987
1.2.c
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
OF FLORIDA.
0
WHEREAS, pursuant to s. 380.0666(3)(a), Florida Statutes, the Monroe County Comprehensive
T
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
m
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., c
Ch
and Donald Davis vs. Monroe County vs. State of Florida (Case No. 04-CA-379-M); and
9
WHEREAS said litigation resulted in a ruling against the defendants as to a permanent taking of
the Subject Property; and
WHEREAS, following a stipulation by the parties as to the fair market value of the Subject
Property, Circuit Judge Mark Jones issued a Final Judgment dated February 15, 2017 entering
a judgment against the defendants of $347,475.53 plus statutory interest from December 31,
2016 until the judgment is satisfied; and =
0
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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 c
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 co
0
WHEREAS, pursuant to s. 28.24, Florida Statutes, there is a service charge due to the Clerk of a
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 y
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:
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
Page 1 of 2
Packet Pg. 1988
1.2.c
behalf of the defendants of said case and to receive a property interest in the Subject Property
as consideration for said payment.
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
regular meeting on this 20th day of November , 2019. U
,it
ALIT"°lt"1_r Commissioner Michelle Coldiron Yes
�? Commissioner Danny Kolhage absent
Commissioner Sylvia Murphy Yes
Commissioner David Rice Yes
Chairman Heather Carruthers i s Y€S-
o
ATTE F«nw ,*,, MONROE C T OMPREHENSIVE y
PLAN LA 2
Charles G. Pattison Heather Carruthers
Executive Director Chairman
v;
Approved as to form and legality:
6
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Ar,&� 10 jte-� E
0
Adele V. Stones, Esquire
cv
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Page 2 of 2
Packet Pg. 1989
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Rctttrtc tk): (I.nclosed self-addressed�iarnpecl enke1ope)
Address: 221 Simonton Street
1'9de C V, Slrt nt Pr pared 13v: M #2 38523 B 3124 P 731�4cielc:`4'. Stt7llk�. Recorded 9 7=fs I ?.t}I I'�t
221 Si Page I of
€tiontcn Street
Ke% %k eNt. FI. 33040
Peed Doc Stann�. o
(.305) 294-0252 �
Filed and Recorded in Official Records of 0
I'ropertN Appraiser' Parcel I.D,(fOlio) LJIIII- r: 003 12 77=60.1900 MONROE COUNTY KEVI*v-NIL-kDOIC,CPA
0
QUIT CLAIM DEED
0
0
THIS Qua CLAFNI DEED, executed this 1st dad' cat` April, 2021, by and between
DC)NALD DAVIS. a married man. vdiose past office address is
2-10 Plantation Boulevard, Islaniorada, Florida 33036. party of the first part. and MONROE
COUNTY, a political subdivision of` the `Mate. of` Florida. whose past office address is 1100
Simonton `street, Key West. FL 33040. partN of the second part.
0
4rITNESSETH, That the said part\ of'the first Dart, for and in consideration of'the SUM
ofTen and 001/100 ( 1f) 00) Do]lars. in hand paid by the said party of the second part, the receipt
of which is herebv ackno%vledoed. has remised, released and quit-claimed, and by these: presents
does remise. release and quit-claim Unto the said part of` the second part all4 the right, title,
interest, claim and demand which the said party of the first part has in and to the following
described lot. piece or parcel of land. situate lying and being in the: Count\' of Monroe. `state of e
Florida. to wit:
Lot 38, DOCTOR'S ARM THIRD ADDITION N ECTION l3, according to the plat hereof
as recorded in flat Book ti at Page 40 of the Public Records of Monroe County, Florida
(hereinafter "Subject Property"). �
0
StJBJECT TO Conditions, restrictions limitations, reservations and easements of
record.
The propert-° tieing, conveyed herein is not the constitutional homestead of the Grantor, his E
spouse or any member of his immediate family as defined under Florida law. �
i
Packet Pg. 1990
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TO HAVE AND TO HOLD the same, together with all and singular the appurtenances
thereunto belonging or in anywise appertaining, and all the estate, right title, interest and claim
whatsoever of the said party of the first part, either in law or equity, to the only proper use,
benefit and behoof of the said party of the second part forever. E
0
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IN WITNESS WHEREOF, the said party of the first hart has signed and sealed these presents
the day and year�i t above wri
r_ w
Signature of' itness onald Dkvis
I _ � c�
t"t"J�j >
`f Printed Name of Witness
0
ignat e of 'itne
6
Printed Marne of Witness
0
STATE OF FLORIDA: �
COUNTY OF MONR E:
0
The foregoing instrument was acknowledged before me b means of h sical presence car �
g g g �' ���P �' P
online notarization this 5fday of 2021 by DONALD DAVIS, who 1s
Personally_...._known to me or j has produced a _ p as
identification.
y
-Notary Sear
Notary P is
Printed Name
My Commission Expires: � a
2
Packet Pg. 1991
1.2.e
RESOLUTION NO. 286 -2021
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
APPROVING THE TRANSFER OF $190,678.53 RECEIVED
IN FROM THE STATE OF FLORIDA IN DONALD DAVIS V.
MONROE COUNTY AND STATE OF FLORIDA, CASE NO.
04-CA-379-M TO THE MONROE COUNTY LAND
AUTHORITY.
WHEREAS, on February 15, 2017, Circuit Judge Mark Jones entered a Final Judgment in
favor of Plaintiff Donald Davis in the matter of Thomas F. Collins, Donald Davis, et al. v. Monroe a
County and State of Florida in Circuit Court Case NO. 04-CA-379-M, against Monroe County e
and State of Florida, jointly and severally liable, providing for compensation, and retaining
jurisdiction to determine any entitlement to attorneys' fees and costs; and ;
Ln
WHEREAS, on November 22, 2019, Monroe County individually paid into the court
registry $375,714,06, which was the total amount of Final Judgment as to liability and just
compensation,exclusive of attorney's fees and costs, together with statutory interest; and
0
WHEREAS, the Monroe County Land Authority deposited its funds in the amount of
$375,714.06 into the registry of the Court on behalf of the County; and
WHEREAS, on November 22, 2019, the Clerk of County Court issued a Satisfaction of
Judgment to the County;; and
0
WHEREAS, on August 19, 2020, the Board of County Commissioners of Monroe County,
Florida passed Resolution No. 227-2020, approving a settlement and release agreement between
the County and State that resolved all claims between the parties in the Davis litigation, exclusive
of attorneys' fees and costs, and
co
WHEREAS, the State subsequently reimbursed the County $190,678.53 for its 50% share
of the Final Judgment that the County had previously paid on behalf of both the County and the
State; and
WHEREAS,the$190,678.53 is currently being held in account number 148-67504-530310 ca
-
LO
00032; and
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WHEREAS, the Board desires to repay the Monroe County Land Authority, which
represents fifty percent of the sum the Land Authority advanced on behalf of the County and the
State when satisfying the Judgment;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
1. The clerk is directed to transfer$190,678.53 from account 148-67504-530310-
00032 to the Monroe County nand Authority.
Page 1 of 2
Packet Pg. 1992
1.2.e
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 1511 day of September 2021.
Mayor Michelle Coldiron Yes
Mayor Pro Tem David Rice Yes e
Commissioner Craig Cates _ Yes _
Commissioner Eddie Martinez Yes >
Commissioner District V Vacant
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY,FLORIDA y
e �
r ,
Ln
BY:
Mayor Michelle Coldiron
(SEAL)
0
ATTEST: KEVIN MADOK,CLERK
By:
As putt' Clerk e
Approved as to form and legal sufficiency:
CD
cv
Robert B. DN!clly=Robed6yRo beft 6-inger,Shlllinro
pN��n=Ruben 6.Shillinger,o=Manrce County 00
SOCC,ou=Monroe County Attorney,
S h i l l i n g er emall=shillinger-bobpmonrce[ounty-rl.gov,c y
pate:2021-0831 1737:11-04'00'
Monroe County Attorney Co
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Packet Pg. 1993