Item F2 F.2
County f � .�� ",�, 1 BOARD OF COUNTY COMMISSIONERS
Mayor Craig Cates,District 1
Mayor Pro Tem Holly Merrill Raschein,District 5
The Florida Keys
Michelle Lincoln,District 2
James K.Scholl,District 3
David Rice,District 4
County Commission Meeting
May 17, 2023
Agenda Item Number: F2
Agenda Item Summary #12033
BULK ITEM: Yes DEPARTMENT: County Land Acquisition and Land
Management
TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger(305) 292-3470
9:15 AM
AGENDA ITEM WORDING: Approval to Accept Bid and Authorize Sale of Lot 8, Block 3,
Duck Key, Center Island Non-Conservation Density Reduction Lot Parcel ID No. 00379540-
000000 for $61,500, returning funds to Fund 316 for future acquisition.
ITEM BACKGROUND: In 2017, the County Commission started purchasing undeveloped single-
family lots from willing sellers to buy down potential takings liability in anticipation of the State
cutting off additional ROGO allocations. This effort is known as the Density Reduction Program;
lots acquired are often referred to as "density reduction lots."
On January 21, 2022, the Board adopted Ordinance 001-2022 creating the County Disposition
(Resale) Program. This allows the County to offer to sell non-conservation lots to contiguous
property owners with primary residences and property owner associations at a minimum bid price
with the condition that they be deed restricted so that no residential housing could be built upon
them. The ordinance requires the County Commission authorize the resale by resolution. On
January 18, 2023, the Board passed Resolution 042-2023 authorizing the sale of one (1) vacant
County owned lot in Duck Key Center Island commonly known as 104 Jamaica Street, Duck Key,
with Parcel ID number 00379540-000000.
The lot was the subject of a code compliance lien which reached approximately $545,000 due to the
construction of a partially built home that the owners abandoned. The County acquired the lot for
$5,703.19 when there were no bids for the tax deed sale in 2020 and 2021. The County paid
$2,237.64 to satisfy the remaining tax certificates and then demolished the partially built, unsafe
structure.
Staff offered the subject lot in Duck Key Center Island, following the Resale process by direct
mailing eligible purchasers including contiguous property owners with primary residences, as well
as the property owner association.
One offer was received by the April 14, 2023 deadline.
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The minimum bid for Parcel ID No. 00379540-000000 was $51,000.
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The Bids were opened on April 14, 2023. The highest Bid for Parcel ID No. 00379540-000000 was
$61,500 from the contiguous property owner, Alain Bauza on behalf of Dolphin Building Property,
LLC. Mr. Bauza did submit a $15,000 bid deposit which meets the 5% minimum bid deposit
requirement, and which is being held in escrow at Oropeza Stones & Cardenas. This Bid is
presented to the Board of County Commissioners for acceptance and for authorization to sell the
parcel.
Once sold, funds shall be returned to Fund 316, consistent with Section 2-423 of the Code of
Ordinances.
County staff has determined that this lot is not required to provide County services in Duck Key
Center Island. The sale of this lot would reduce the County's maintenance costs and liability
exposure should someone be injured on the lot, as well as return the lot to the tax rolls.
PREVIOUS RELEVANT BOCC ACTION:
January 21, 2022 BOCC adopted Ordinance 001-2022 creating the Disposition (Resale)Program.
January 18, 2023 BOCC adopted Resolution 042-2023 authorizing sale of 104 Jamaica Street, Duck
Key under the Disposition (Resale)Program.
CONTRACT/AGREEMENT CHANGES:
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F.2
No
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
BID-FORM
Bid Award Letter
Ordinance 001-2022
BOCC Resolution 042-2023
FINANCIAL IMPACT:
Effective Date: 5/17/23
Expiration Date: n/a
Total Dollar Value of Contract: $61,500.00
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: Yes If yes, amount: $61,500.00
Grant: No.
County Match: No.
Insurance Required: No
Additional Details: Proceeds to be deposited into FUND 316 to replenish land acquisition
fund.
Possible Revenue
REVIEWED BY:
Dina Gambuzza Completed 04/26/2023 1:34 PM
Christine Hurley Completed 04/28/2023 12:23 PM
Bob Shillinger Completed 04/28/2023 3:48 PM
Budget and Finance Completed 04/28/2023 4:59 PM
Purchasing Completed 04/28/2023 7:08 PM
Risk Management Completed 05/01/2023 10:55 AM
Lindsey Ballard Completed 05/02/2023 9:39 AM
Board of County Commissioners Pending 05/17/2023 9:00 AM
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...................... ....
BIDFORM.-
SALE
OF PARCEL 1"1
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Her b submit a bid in the amount "ENTER,ER,.BID AMOIJ J'"NIJ E°:RE" LO
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been: ot: loc : Duck. Key enter
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have s rotted a tj4 it i the
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Thereby acimowledge
am the owner of Last 9,Block 3,Duck fey Center Island, 0
With a site address oaf 106 JamaicaStreet,Duck Key,FL
Which is a contiguous parcel to the lot the County is selling. �
I have carefully examined ttie parcel and all docum,
entation.referenced in e offering.
I agree to executere-cord a "Covenant of I.Jaity of'Title and Restrictionon Future, Develo e t andl r �
Conveyances"that:
requires the parcel to be combined with the parcel with the residence,primary CL
e li, its the tow density .f the unified el t one residential dwellingt; �
retires all other density and prohibits transfer of density;and 0
lab is new accessory structures prohibiting habitable space n the tmified parcel.
Additionally,I understand the Restricted Parcel shall not be eligible for use as a land dedication ay! el or lot 0
aggregation parcel for purposes of the D allocation systenL The Restricted Parcel shall be worth 0.
zero(0)paints for land dedication r lot aggregation
I acknowledge that this bid is not inclusive ofall costs for closing the transaction and that I will lie s. risible
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for all closing casts and attorney fees associated with this transaction.
understand the Cowity will accept the highest bid or the County may reject aff bids and,if the highest bidder
does not purchase and chase on the lot,the County may consider the next highest bidder,
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l acknowledge I t of addend:a No.(s)
I have includW ffie fqI1owiMALxmmenMts w . rt fn lid
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. _. f. m______________________..___._.__.�..—------------------------
Bid For
. Non-Collusion n Affidavit
3. 1-obbying and Conflict of Interest Clause
4. Bid t cposit
I.he above is intended as a courtesy review checklist of the required bid items. However, it does t imply
that these are the only items.needed. It is the ' idders sensibility to provide all required bid items.
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Date. ._____.________________.__..___.__.
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Signature: ----------------------.__------------REQUIRED NOTARY-
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CO(JNTY OF-,
Subscribed and sworn to( r affi i )before me, by means ofZph7sical presence r 0 online notarization,
on a 1 .._I
. _(date)bY__ _ .
C.afflant), r
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Ile/She is personally kiiown to nie or has produced (type of
a.. _ _........
identification)as identification. 0
NOTARY PUBLIC:
y commission expires~ D6 1 CL
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40® Notary Public Stale of FloddS
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Alani lls str tCL
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NON-COLLUSION AFTIDAVIT
j'lmlf 010.cfkeaccording to law on iny oath, and of the County of
under pegalty of pedury, depose and say that; k4
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the Si ( M;idng the Bid pumml to the
Notice
The Sale of one(1)County-Owned Non-Conservation Density Reduction Lot
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Site: 104 Jamaica Street,Duck Key,near MM 61
Legal: Block 3,Lot 8,Duck Key Center Island (PB 5-82) 6
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and.that I executed the said Bid Form with full authority to do so;and
2, the price in this bid has been arrived at independently without collusion, consultation, communication, or
agreement for the purpose of restricting competition, as to any matter relating to such process with any other
bidder or with any competitor,and
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3.unless otherwise required by law,the price which has been quoted in this bid has not been knowingly disclosed 'W-
by the bidder and will not knowingly be disclosed by the bidder and will not be knowingly disclosed by the bidder 5
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prior to bid opening, directly or indirectly,to any other bidder or to any competitor; and
4.no attempt has been made or will be made by the bidder to irlduce any other person,partnership,or corporation
to submit or not to submit,a bid for the purpose of restricting competition;and
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5.the statements contained in this affidavit are true and correct and made with full knowledge that Monroe County 0
relies upon the truth of the statements contained in this affidavit in awarding contracts for said project.
...............
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(Sfignfature 26 ' iddper) (Date)
STATE OF: COUNTY OF:
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Subscribed and sworn to (o affirmed)before me,by meAms of Zpphysical presence or 0 online notarization,on 0
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(date) by l (name of affiant). >
H 1&e is per!onally� e or has produced (type of OD.
identification)as identification.
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NOTARY PUBLIC' Ur
My commission expires:
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4ONNotary Public State of Florida
Alani Elise Mastraps
%c Y Cm mission
MN HO 1 69585
Up.8/25/2025
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ID ID
" D DEPOSIT
KNOW ALL MEN BY THESE PRE,SENTS,that we-.
Full Name of Bidder(s)
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Address of Bidder(s): LLO
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city ep State: . ....;Kip code
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as Principal, hereinafter called the Principal, are held and firmly bound unto Monroe County Board of County z.
Commissioners-as-Obligee,hereinafter called the Obligee,in the sum of
]II &WA Dollars,which is (L
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ten(10)percent(0/6)of the underlying bid amount of S -XF?M $61,500.00 Dollars C
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for the payment of is sum well and truly to be made,the said Principal, bind ourselves,our heirs,executors, w
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administrators, successors,and assigns,jointly and severally,firmly by these presents. 0
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WHEREAS,the Principal has submitted a bid for
RE: 00379540-000000
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Site: 104 Jamaica Street,Duck Key,near MM 61 0
Legal: Block 3,Lot 8,Duck Key Center Island(PB 5-82)
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal the package submitted constitutes a
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Contract with the Obligee in accordance with the terms of such bid,with good and sufficient surety in the form
of a bid deposit for the fait performance of such Contract. This Bid Deposit will be applied to the purchase
price should the Principal be awarded the Con-tract.The Principal understands the Bid Deposit will be retained by cc
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the County until (a)the real estate parcel has been sold,or(b)the I 90'b day after the Bid opening,or(c)all Bids :2
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have been rejected. T
Signed and sealed this day of_Gpj_lj � 2020.
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(Principal)-AIWICA—I-IaU2-�.
(Title) 0
STATE OF
COUNTY OF:
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Subscribed and sworn to(or affirmed)before me,by means ofen"hysical presence or 0 online notarization,on 9
"4?JD-2- ( a ) n "-:�>OLU-L (name of affiant)
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He/She is personally known to me or has produced
(type Of E
identification)as identification.
NOTARY P LI 1 i01 N l=Public State of Florida
yIN anyiEfisa Mastrapa
My Commission
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my commission expires: 'ZD 15 Exp.8125/2025
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MONROE COUNTY LAND AUTHORITY
1200 Truman Avenue, Suite 207, Key West, FL 33040 {
Phone: (305)295-5180 Fax: (305)295-5181 `
`Stay Focused, Buy Land' '"°'
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Alain Bauza
Dolphin Building Property LLC
3622 Coral Way
Miami, FL 33145
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RE: NOTICE OF BID AWARD
Parcel#: 00379540-000000
Site: 104 Jamaica Street, Duck Key, near MM 61
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Legal: Block 3, Lot 8, Duck Key Center Island (PB 5-82)
Dear Mr. Bauza:
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The Monroe County Land Authority received bids for the sale of the above referenced property on April 14,2023. 4-
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This letter will serve as a notice of Monroe County's intent to award a contract to Alain Bauza representing
Dolphin Building Property LLC of 3622 Coral Way, Miami, FL 33145 the highest bidder for Parcel ID No.
00379540-000000 at the May 17,2023,meeting of the Board of County Commissioners. The May 17,2023 Board
of County Commissioner meeting will be held at the Harvey Government Center, 1200 Truman, Key West,
Florida. You may also attend the meeting via zoom by visiting the County's meeting portal @
brttp://ingir:occowily.0 r err cc�rr/ t;%.zcr� /: ci�.ult;,asp: .:
and selecting the "Watch Live" banner. This option allows you to view the live meeting with live closed
captioning on an integrated page that includes the agenda and agenda backup.
The public can comment on a particular item(s) on the public portion of the agenda either by phoning in or using 0
the live Zoom webinar link (see instructions for each option below).
a) To comment on an item by phone: Dial (646) 518-9805 or (669) 900-6833 and, when prompted, enter the
Webinar ID# 839 5047 2005 followed by the 4 key, then *9 to "Raise your hand"to be recognized by the Zoom
webinar host.
b) To comment on an item using the live Zoom webinar link: Open this live Zoom webinar link
@https:Hmcbocc.zoom.us/j/83950472005 (that also appears in both the published Agenda and Agenda Packet).
When prompted, enter your email address and name to join the webinar. When the Mayor calls for speakers on
the item(s)you wish to comment on, or when the Board is nearing your item(s) as the meeting progresses, select CU
the "Raised Hand" feature that appears at the bottom of the Zoom webinar screen to be recognized by the Zoom <
webinar host.
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The Zoom webinar host will request the item 4 you wish to speak on and enable your participation when the
Mayor calls for public speakers on your item. To report problems with the broadcast or participation in the Zoom
webinar,please call (305) 872-8831.
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Following that meeting you will receive additional information from our office.
Please reach out to Dina Gambuzza,Property Specialist, at(305)295-5182 with any questions you have regarding
this transaction.
Sincerely,
Digitally signed by Christine
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Christine Hurley Hurley
Date:2023.04.17 17:25:54-04'00'
Christine Hurley, AICP d
Executive Director
Monroe County Land Authority
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MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS �
ORDINANCE NO. 001 -2022
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AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
AMENDING ARTICLE VII. OF CHAPTER 2 OF THE MONROE
COUNTY CODE, AMENDING ARTICLE VII TITLE FROM LAND
ACQUISITION PROGRAM TO LAND ACQUISITION AND
DISPOSITION (RESALE) PROGRAM, CREATING DIVISION 1.
MONROE COUNTY COMPREHENSIVE PLAN LAND
AUTHORITY, MAINTAINING SECTION 2-395 THROUGH 2-407,
RESERVING SECTION 2-408 THROUGH 2-415, CREATING
DIVISION 2. CONTIGUOUS DISPOSITION(RESALE)PROGRAM,
CREATING SECTIONS 2-416 THROUGH 2-418 PRESCRIBING
DISPOSITION STANDARDS AND PROCEDURES TO BE USED IN
CONVEYING DEED RESTRICTED REAL PROPERTY TO
CONTIGUOUS PROPERTY OWNERS, RESERVING SECTION 2-
418 THROUGH 2-420, CREATING DIVISION 3.NEIGHBORHOOD
DISPOSITION (RESALE) PROGRAM, CREATING SECTIONS 2-
421 THROUGH 2-422 PRESCRIBING DISPOSITION STANDARDS
AND PROCEDURES TO BE USED IN CONVEYING DEED
RESTRICTED REAL PROPERTY TO PROPERTY OWNERS
ASSOCIATIONS, CREATING SECTION 2-423 REVENUE,
INDICATING WHERE SALE PROCEEDS WILL BE DEPOSITED,
RESERVING SECTIONS 2-424 THROUGH 2-427, CREATING
DISPOSITION PROGRAMS UNDER THE COUNTY'S DENSITY
REDUCTION ACQUISITION PROGRAM; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
PROVISIONS; PROVIDING FOR AMENDMENT TO AND >
INCORPORATION IN THE MONROE COUNTY CODE OF
ORDINANCES; PROVIDING FOR TRANSMITTAL TO THE
DEPARTMENT OF STATE AND FOR AN EFFECTIVE DATE. cN
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WHEREAS, in 2016, the Board of County Commissioners (the "County" or"Board") initiated
a Density Reduction Program to purchase non-conservation land (typically Tier 3) with residential
development rights (at least one (1) Transferable Development Right (TDR)) from private owners for CU
the limited purpose of retiring the property's development rights in anticipation of the State's expected
cessation of new development once the current pool of Rate of Growth Ordinance (ROGO) allocations 0
is exhausted; and
WHEREAS, the goals of the County's Density Reduction Program are to 1) reduce ongoing
development pressures and the resulting effect on hurricane evacuation clearance times, 2) reduce the
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demands on public facilities and infrastructure, and 3) protect property owner rights, thus ultimately
avoiding unnecessary costs associated with defending property rights claims; and
WHEREAS, since 2016, the County, in cooperation with the Monroe County Land Authority,
has purchased and will continue to purchase density reduction parcels throughout unincorporated
Monroe County; and L,
WHEREAS, the County finds that reselling parcels purchased under the Density Reduction
Program with deed restrictions that prohibit owners from seeking a permit for a residential dwelling unit
is a cost effective method of achieving the County's density reduction goals; and
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WHEREAS,F.S. 125.35(3)authorizes the County to adopt an ordinance prescribing disposition
standards and procedures to be used by the County in selling and conveying any real property as
alternatives to F.S. 125.35(1)& (2)as long as the County provides standards and procedures that provide
at a minimum:
(a) Establishment of competition and qualification standards upon which disposition will be
determined.
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(b) Reasonable public notice of the intent to consider disposition of County property and the
availability of copies of the standards. Reasonableness of the notice is to be determined by the
efficacy and efficiency of the means of communication used.
(c) Identification of the form and manner by which an interested person may acquire County
property. c
(d) Types of negotiation procedures applicable to the selection of a person to whom County ra
properties may be disposed. a)
(e) The manner in which way interested persons will be notified of the board's intent to r
consider final action at a regular meeting of the board on the disposition of a property and the
time and manner for making objections.
(f) Adherence in the disposition of real property to the governing comprehensive plan and
zoning ordinances; and
WHEREAS, the County desires to create a Disposition Program, in accordance with F.S.
125.35(3) to provide for the resale of real property to contiguous homeowners or Property Owners
Associations, subject to deed restrictions prohibiting establishment of a dwelling unit; and
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WHEREAS, Monroe County policies and regulations adopted in the 2030 Monroe County
Comprehensive Plan and Land Development Code are to maintain public health, safety, and welfare of 0
the citizens of the Florida Keys and to strengthen our local government capability to manage land use
and development; and
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WHEREAS, the disposition of density reduction program parcels with deed restrictions, as N
described herein, is consistent with Policies 102.4.3 and 102.4.5 of the 2030 Monroe County
Comprehensive Plan; and
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WHEREAS, pursuant to Article 8, Section 1 of the Florida Constitution and Section 125.01
Florida Statutes, Monroe County possesses the powers to enact ordinances in order to protect the health, 0
safety, and welfare of the County's citizens.
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NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
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Section 1• The "Whereas" clauses set forth above are incorporated herein as findings
by the Board.
Section 2• The text of Article VII of the Monroe County Code is hereby amended as
follows (deletions are shown sly; additions are shown (underlined):
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ARTICLE VII. LAND ACQUISITION AND DISPOSITION (RESALE)PROGRAM
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Section 3• Division 1 is hereby created to read as follows:
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DIVISION 1. -MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY 2-
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Section 4• Sections 2-395 through 2-407 are maintained as written.
Section 5• Sections 2-408 through 2-415 are Reserved.
Section 6• Division 2 is hereby created to read as follows: U
DIVISION 2. - CONTIGUOUS DISPOSITION (RESALE)PROGRAM
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Section 7• Section 2-416 of the Monroe County Code is hereby created to read as -
follows:
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Sec. 2-416. - Contiguous Disposition (Resale)Program Definitions and Standards.
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(1). Definitions. In Sections 2-416 through 2-423 of the Code, the following terms are
defined as follows: CU
(a) "Accessory uses" and "accessory structures" shall have the meaning
provided in Section 101-1 of the Land Development Code,
(b) "Contiguous" shall mean parcels of land sharing a common border at
more than a single point of intersection.
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(2) Standards. The County may, at the Board's sole discretion, initiate by resolution
the sale of real property belonging to the County to contiguous residential property
owners in accordance with the following standards:
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(a) The County determines the desire to dispose of parcels of real property N
belonging to the County;
(b) The County finds that it is in the best interest of the County to offer a parcel
for accessory uses and/or accessory structures permitted by the Comprehensive
Plan and Land Development Code. CU
(c) The parcel to be disposed of is of use to one or more contiguous residential
property owners who have already built and currently have an existing 0
residential structure as its principal structure/use.
(d) Purchasers shall be prohibited from seeking a permit for a residential dwelling E
unit on the parcel, based on the overriding public interest of:
a. reducing hurricane evacuation clearance times,
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b. reducing the demands on public facilitates and infrastructure, and/or
c. protecting property owner rights, thus avoiding unnecessary costs
associated with defending property rights claims,
(e) The parcel shall be deed restricted to prohibit prospective purchasers, their
heirs, successors, and assigns from seeking:
a. a permit for the construction of a residential dwelling unit, LO
b. points in the Rate of Growth Ordinance (ROGO) application process
for receiving a ROGO allocation, and/or
c. new accessory structures with habitable space, 6
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(f) The deed restriction shall not prohibit the construction of accessory structures
without habitable space, if allowed by the County codes, nor
(g) The parcel shall be combined with the parcel containing the principal structure
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by recording a unity of title in the official records of Monroe County, Florida,
and
(h) The County shall set a minimum purchase price based upon an appraisal of the 0
parcels to be offered for sale based on the parcels' value without 2
development rights.
(i) Notwithstanding the standards set above, the following parcels are ineligible U
for this disposition program:
(a) Parcels containing protected habitat, acquired as conservation land, or
being managed as conservation land,
(b) Parcels dedicated to the County for ROGO points for conservation 0
purposes; ra
(c) Parcels owned by Monroe County Comprehensive Plan Land Authority,
and
(d) Parcels purchased with grant funds requiring conservation or requiring
County ownership in perpetuity.
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Section 8• Section 2-417 of the Monroe County Code is hereby created to read as
follows:
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Sec. 2-417. - Contiguous Disposition (Resale) Program Process:
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(a) Notice of the County's interest in disposing of eligible parcels shall be sent
to owners of contiguous properties by certified mail to the name and address 0.
on file with the Monroe County Property Appraiser. The notice shall <
establish deadline, at least 30 days from the date of the notice, for bidders to N
respond on a bid form to be provided by the County that indicates:
a. The bidder's interest in purchasing the parcel(s) being offered for leg
disposition,
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b. The minimum bid price established by the County;
c. The amount of the bid to purchase the parcel(s); CU
d. The bidder's willingness and ability to close in 6 months, and
e. A statement that if the highest qualified bidder does not close on the
transaction within 180 days from the County's acceptance of the
bid, the County may at its sole discretion move to next lowest bidder.
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(b) If the County is disposing of two or more contiguous parcels, then all
homeowners of any contiguous parcel being sold shall be considered eligible.
buyers and shall be noticed of the pending disposition and invited to bid.
(c) The bid form shall contain a statement attested to by each prospective bidder
that the bidder agrees as a condition of the bid that:
a. Each parcel being sold will be subject to a deed restriction prohibiting
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the construction of a residential dwelling unit on the parcel and shall �?
only be used consistent with the Comprehensive Plan and Land
Development Code for accessory uses and structures, d
b. Each parcel being sold shall be combined by unity of title with the
Conti uous property with the existing principal residential use:
c. A bid will not be considered if it does not meet or exceed the minimum 2-
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purchase price established by the County by resolution; 0-
d. The bid will not be considered without a bid deposit a minimum of
10% of total bid(s)Land U)
e. A successful bidder forfeit his, her, or their right under the bid if he,
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she, and/or they fail to close within 180 days of the
County's acceptance of the bid. U
(d) The County may accept the highest bid or may reject all bids. If the highest
bidder does not purchase and close on the parcel, the County shall have the
authority to consider the next highest bidder,provided the bid meets or exceeds
the minimum purchase price established. 4-
(e) All property owners eligible to submit a bid on a particular parcel of property 0
eligible for disposition under this ordinance shall be notified by regular mailCU
of the date, time, and location of the meeting when the BOCC is scheduled to
make a final decision regarding disposition of that parcel. That notice shall 0
inform recipients of the time and manner for making objections.
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Section 9• Sections 2-418 through 2-420 are Reserved.
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Section 10: Division 3 is hereby created to read as follows:
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DIVISION 3. —NEIGHBORHOOD DISPOSITION(RESALE)PROGRAM 0
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Section 11: Section 2-421 of the Monroe County Code is hereby created to read as
follows:
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Section 2-421. -Neighborhood Disposition Resale)Program Standards
The County may the Board's sole discretion initiate by resolution the disposal of
qualifying property to a Property Owners Association in terms determined by the CU
Board to be in the best interests of the County, subject to the following conditions
and limitations:
(a) The Board is satisfied that there is an active Property Owners Association,
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(b) The Board determines that it is in the best interest of the County to offer a
parcel for neighborhood uses, as permitted by the Comprehensive Plan and
Land Development Code, to that Property Owners Association,
(c) The parcel shall be deed restricted to prohibit prospective purchasers from
seeking:
a. A permit for the construction of a residential dwelling unit:
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b. Points in the Rate of Growth Ordinance (ROGO) application process �?
for receiving a ROGO allocation,
c. New accessory structures with habitable space, and/or 6
d. To sell the property without County Consent,
(d) Accessory Structures without habitable space are permitted, if allowed by the
County codes, 2-
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(e) The parcel shall be deed restricted with a reverter clause, so that if the Property
Owners Association dissolves and/or fails to maintain the property,the County
may at exercise the reverter clause, U)
(f) Once transferred, the parcel shall be managed by an active Property Owners
Association, and
(g) Other terms and conditions that the County deems just and proper under which U
it will contemplate the transfer of ownership to the Property Owners
Association.
(j) The above notwithstanding, the following parcels are ineligible for this
disposition program:
(a) Parcels containing protected habitat, acquired as conservation land, or 0
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being managed as conservation land,
(b) Parcels dedicated to the County for ROGO points for conservation
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purposes;
(c) Parcels owned by Monroe County Comprehensive Plan Land Authority,
and
(d) Parcels purchased with grant funds requiring conservation or requiringCU
County ownership in perpetuity_ �?
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Section 12: Section 2-422 of the Monroe County Code is hereby created to read as
follows:
0
Section 2-422. — Neighborhood Disposition Resale) Program Process
0
(a) Notice shall be sent of the intended action to dispose of eligible parcels, to all
Property Owners' Associations active in a neighborhood in which the
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property exists.
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(b) Notice of the County's interest in disposing of eligible parcels shall be sent
to all applicable Property Owners Associations having jurisdiction over
the subject parcel by certified mail to the registered agent listed with CU
the Department of State. The notice shall establish deadline, at least 30 days
from the date of the notice, for the Property Owners Association to respond 0
on a form to be provided by the County that indicates:
a. The Property Owner's Association interest in purchasing the
parcel(s)being offered for disposition,
b. The minimum bid price established by the County;
Page 6 of 8
Packet Pg. 1208
F.2.c
c. The amount of the Property Owners Association's bid to
purchase the parcel: and
d. Any other terms determined by the Board,
(c) The Notice shall inform prospective Property Owners Associations seeking to
acquire a parcel that it shall agree in writing at the time of the transfer that:
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a. Each parcel being conveyed will be subject to a deed restriction �?
prohibiting the construction of a residential dwelling unit on the parcel,
prohibiting the resale of the parcel without County consent, and shall d
only be used consistent with the Comprehensive Plan and Land
Development Code for neighborhood uses and structures,
b. The Property Owners' Association (Association) shall maintain the 2-
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property and that the parcel shall be subject to a reverter clause 0-
providing that the parcel may return to County ownership if the
Association dissolves and/or fails to properly maintain the parcel, in U)
which case the parcel shall revert back to the County: and
c. The Board shall retain the option to decide whether it wants to exercise
the reverter or not. U
(d) If a Property Owners Association submits a bid in response to the notice,
County staff shall agenda an item for the Board's consideration at a
BOCC meeting that will be held no more than 40 miles distance from the
subject parcel. 4-
(e) All propey owners and Property Owners Associations eligible to submit a 0
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bid on a particular parcel of property eligible for disposition under this
ordinance shall be notified by regular mail of the date, time, and location of
the meeting when the BOCC is scheduled to make a final decision regarding 0
disposition of that parcel. That notice shall inform recipients of the time and
manner for making objections.
(f) Before the County may exercise the reverter, the following must occur:
a. The Board shall authorize the exercise of the reverter clause,
b. The County must notify the Association by certified mail sent to the
Registered Agent on record with the Secretary of State, indicating the
maintenance deficiencies, providing an opportunity to cure, and <
indicating the intent to exercise the reverter if not cured, c
c. The County must notify the property owners in the subdivision(s)
affiliated with the Property Owners Association, using the most recent L
address recorded with the Monroe County Property Appraiser of same CL
of the Board's intention to exercise the reverter , and
d. The County shall publish a notice in a newspaper authorized by statute N
to publish legal notices in the County, providing notice of the intent to
exercise the reverter.
(g) In the event of an exercise of the reverter, the Association shall execute a deed
to the County for the subject property. If the Association does not produce a CU
deed to the County for the subject property, then the County may seek a court
order confirming the reversion has occurred.
Section 13: Section 2-423 of the Monroe County Code is hereby created to read as
follows:
Page 7 of 8
Packet Pg. 1209
F.2.c
Sec. 2-423. - Revenue
Any revenue derived from the disposition/sale of parcels shall be deposited to
Fund 316, the fund used to lay for land acquisitions under the density reduction
and/or Less than Fee programs.
to
Section 14: Sections 2-424 through 2-427 are Reserved.
Section 15: Severability. If any section, subsection, sentence, clause, or provision of this
ordinance is held by a court of competent jurisdiction to the invalid,the remainder o
of this ordinance shall not be affected by such invalidity.
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Section 16: Conflict.All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict.
Section 17e Inclusion in the Monroe County Code of Ordinance. The provisions of this
Ordinance shall be included and incorporated in the Code of Ordinances of the
County of Monroe, Florida, as an addition to amendment thereto, and shall be
appropriately renumbered to conform to the uniform marking system of the Code.
Section 18: Effective Date. This Ordinance shall be filed with the Department of State and
shall be effective as provided in F.S. 125.66(2).
4-
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida,at a regular meeting of said Board held on the 21 sc day of January, 2022.
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Mayor David Rice Yes
Mayor pro tem Craig Cates Yes
Commissioner Michelle Coldiron Yes CU
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�.��� District 3 Commissioner,vacant Vacant
ommissioner Holly Merrill Rashein YesCIO
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' 1'S` f", BOARD OF COUNTY COMMISSWNERS.7
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KEVIN MADOK, CLERK OF MONROE COUNTY,FLORW"
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BY: BY:
As Deputy Clerk Mayor David Rice C14
APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY:
Robert B. Shillinger,Monroe County Attorney
�I Digitally signed by Robert B.Shillinger
Robert B. S h i l l i n g er_�°�e z 22a,3117 2 42 79 p5 oobob@monroecounry-flg vnrcoUS
E
Page 8 of 8
Packet Pg. 1210
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EN
The Florida Keys Only Lady Newspaper,Est 1876
PO Box 1600,Key West FL 33041
P.(305)292-777 7 ext.219 F:(305)295-8025 r
legals@keysnews.com
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MONROE C O ADMINIBOCC �
THE HISTORIC CATO BUILDING
00 SIMONT N ST SUITE 2-20
KEY WEST FL 33040 c
Account: 423273 Ticket: 3824681
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PUBLISHER'S AFFIDAVIT �
STATE OF FLORIDA �
NOTICE OF INTENTION O T CONSIDER grated page that includes the Agenda �
COUNTY OF MONROE ION Of COUNTY ORDINANCE and Agenda Backup U)
NOTICE 15 HEREBY GIVEN TO WHOM If a Citizen has a Roku device,they can
IT MAY CONCERN that on January 21, search for and add "MCTV" to their
Before the undersigned authority personally appeared 2022,at 1:30 RK,or as soon tftereaf• personal lineup. Monroe County's
ter as the matter may be heard,at the "MCTV"is also provided via the on,
f p j �-. Monroe County Government Center, roe County mobile apps for i05 and An-
Y L✓ who on oath says that he or she is 2798 Overseas Hwy., Marathon, Flor- droid and throg�h our streaming welt
Ida,the Board of Count Commission- portal 0 https:)tmonroe-fLvod.castus.
ers of Monroe County,FrIorida,intends tvl?Iive=chi&nav=live
cj\l� of the Key West Citizen,a five day to consider adopting the following or-
dinance� Citizens can listen to audlo•only from
newspaper published in Key West in Monroe County,Florida;that the attached their phones by dialing(646)st&g845 c�
copy Of advertisment,beingale al notice in the matter Of Ordinance 1.29 was AN ORDINANCE Of THE BOARD Of or(669)980.6833 and,when prompt-
9 COUNTY COMMISSIONERS Of MONM ed,enter the WebinarID871S5708492
published in said newspaper in the issues of: ROE COUNTY, FLORIDA, AMENDING followed by the#key.
ARTICLE VII. OF CHAPTER 2 OF THE 0
MONROE COUNTY CODE,AMENDING The public can comment during the live
Saturday,January 8,2022 ARTICLE VI1 TITLE FROM LAND ACt2UI- Pubic Hearing either by phoning in or
SITION PROGRAM TO LAND ACQUI- by connecting to the live Zoom webi-
SMON AND DISPOSITION (RESALE) nar link using the following instruc- 65
PROGRAM, CREATING DIVISION 1, bons:
Aff)ant further says that the Key West Citizen is a newspaper published in Key MONROE COUNTY COMPREHENSIVE ,
PLAN LAND AUTHORITY, MAINTAIN- a)To comment on an item by phone.
West in said Monroe County,Florida and that the said newspapers has hereto- ING SECTION 2-395 THROUGH 2-407, Dial(646)518=A05 or(669)96 L_
fare been continuously published in said Monroe County,Florida Tuesday thru RESERVING SECTION 2AD8 THROUGH 6833 and,when prompted,en-
SatUrda weekly, has been entered as periodicals matter at the post office in 2.415,CREATING DIVISION 2,CONTIGU- ter the Webinar ID 871 SS70 8442
y y p p OUS DISPOSITION(RESALE)PROGRAM, followed by the#key,then 9 to
Key West,in said Monroe County.Florida for a period of 1 year next preceding CREATING SECTIONS 2-416 THROUGH wise your Hared"to be recog.
the first publication of the attached CO of advertisement;and want further says 2.418 PRESCRIBING DISPOSITION STAN- nized by the Zoom webinar host.
p copy y DARDS AND PROCEDURES TO BE USED (d
that he or she has neither paid�n promised any person,firm or corporation any IN CONVEYING DEED RESTRICTED REAL bl IQ Wmgnton an item usi no the
discount rebate,comrnl55lo or fund for the purpose of Securing this advertise- PROPERTY TO CONTIGUOUS PROPERTY live Zoom webinar link: Open
tlTent for UfJ ati in the newspaper. OWNERS, RESERVING SECTION 2.418 this live Zoom wetiinar link.0
pTHROUGH 2-420,CREATING DIVISION h :dlwtvwm nr -'i
3. NEIGHBORHOOD DISPOSITION(RE- gov1BOCCMee1jnqJan21 (that CL
SALE)PROGRAM,CREATING SECTIONS also appears in both the pub
2.421 THROUGH Z-422 PRESCRIBING fished Agenda and A ends Pack•
(Signature of Affiant) DISPOSITION STANDARDS AND PRO et) When prompted,enter your
CEDURES TO BE USED IN CONVEYING email address and name to join
DEED RESTRICTED REAL PROPERTY TO the webinar. When the Mayor 0
Aff r an subs fit} FtdEtfore me this 12th day of January PROPERTY OWNERS ASSOCIATIONS, calls for speakers on the items)
CREATING SECTION 2423 REVENUE, on which you wish to comment,
INDICATING WHERE SALE PROCEEDS or when the Board is nearing y
r{.... WILL BE DEPOSITED,RESERVING SEC- your item(s)as the meeting pro- 0
TIONS 2-424 THROUGH 2,427,GREAT- resses,selectthe"Raised Hand
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b IC a lure( ING DISPOSITION PROGRAMS UNDER eature that appears at the bit= t
THE COUNTY S DENSITY REDUCTION tam of the Zoom webinar screen
ACQUISITION PROGRAM PROVIDING to be recognized by the Zoom
FOR SEVERABILITY PROVIDING FOR webinar host
( dtary * blic Printed ame) (Notary Seal) REPEAL OF CONFLICTING PROVISIONS. N
PROVIDING FOR AMENDMENT TO AND The Zoom webinar host will request
INCORPORATION IN THE MONROE the item#on which you wish to speak
My commission expires � COUNTY CODE OF ORDINANCES,PRO- and enable your participation when
VIDING FOR TRANSMITTAL TO THE DE- the Mayor calls for public speakers on
PARTMENT Of STATE AND FOR AN EF- your item.To report problems with the
FECTIVE DATE. broadcast or participation in the Zoom
Personally Known X Produced Identification webinar,please call(305)872.8831.
The public can participate in the Jan-
uary 21,2022,meeting of the Board Pursuant to Section 286.0105, Florida
Type of identification Produced of County Commissioners of Monroe Statutes,notice is given that if a person
County,FL by attending in person or decidestoappealany decision madeby
via Communication Media Technol- the Board with respect to any matter
ogy ("CMT) using a Zoom webinar Considered at such hearings or meet-
sv `Ir r pllatform by following the detailed in- in%he will need a retard of the pro.
Y Stamper structions below. The public is strong• ceedings, and that for such purpose, a�
'�r ly encouraged to watch Ehe meeting he may need 10 ensure that a verbs-
} 3 on Monroe County's MCTv on ComCast tim record of the proceedings is made,
® 9 Channel 76,AT&T U-verse Channel 99 which record includes the testimony
f u EXPy or on the County's web portal 0 and evidence spoor which the appeal is
9 tall i monroecaun m2.comlCitaenslDe to be based. U
p'� f ul as x. Simply select the "Watch (d
�r rr .tutvks Bit' Iq Live"banner to view the live meeting ADA ASSISTANCE: If you are a person
with live closed captioninq on an rote- with a disability who needs special
Packet Pg. 1211
F.2.c
accommodations in order to partiCd-
pate in this proceeding,please contact
the County administrator's Office,by
phoning f305)292-4441,between the
hours of 9,39a m—5.flop.rn,prior to
the scheduled meeting;ifyou are hear.
Mg or voice•imFaired,call""711". Live..
Closed-Captioning is available via our
web portal @ httpWmonroeeaunt
ff igtm2.com/CitlrensJDefaulf.aspx far
meetings of the Monroe County Board
of County Cornmissloners.
Dated at Key West"Florida,this lath dap J
of December,2021.
KEVIN MRD4K, Clerk of
the Circuit Court and ex off do Clerk of
the Board of County Cammissloners of 6
Monroe County,Florida
118f22 Key west Cit€zen
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04pgJY~`V'oF°�� Kevin Madok., CPA
EON�OE Co1 ` _ Clerk of the Circuit:Court&Comptroller—Monroe County, Florida
January 31, 2022
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Department of State M
Administrative Code&Register
500 S Bronough Street o
Tallahassee FL 32399-0250
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To Whom It May Concern,
Attached is an electronic copy of Ordinance No. 001-2022 amending Article VII of
Chapter 2 of the Monroe County Code, amending Article VII title from Land Acquisition
Program to Land Acquisition and Disposition (Resale)Program, Creating Division 1 Monroe
County Comprehensive Plan Land Authority,maintaining Section 2-395 through 2-407, c
reserving Section 2-408 through 2-415, creating Division 2 Contiguous Disposition(Resale)
Program, creating Sections 2-416 through 2-418 prescribing disposition standards and
procedures to be used in conveying deed restricted real property to contiguous property owners,
reserving Section 2-418 through 2-420, creating Division 3 Neighborhood Disposition(Resale)
Program, creating Sections 2-421 through 2-422 prescribing disposition standards and
procedures to be used in conveying deed restricted real property to property owners associations, CU
creating Section 2-423 Revenue, indicating where sale proceeds will be deposited,reserving
Sections 2-424 through 2-427, creating disposition programs under the County's Density
Reduction Acquisition Program; providing for severability; providing for repeal of conflicting
provisions;providing for amendment to and incorporation in the Monroe County Code
Ordinances;providing for transmittal to the Department of State and for an effective date..
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
CL
regular meeting, held in formal session, on January 21, 2022. Should you have any questions
please feel free to contact me at(305) 292-3550.
0
Respectfully Submitted,
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CL
Kevin Madok, CPA, Clerk of CL
the Circuit Court&Comptroller& <
ex-officio to the Monroe County CN
Board of County Commissioners C14
by. Pamela G. Hancock, D.C.
cc: County Administrator Planning&Environmental
County Attorney Land Authority
BOCC
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File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road.
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plan '
305-294-4641 305-289-6027 305-852-7-145 3051 Packet Pg. 12 33
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FLORIDA DEPARTMENT 0 STATE
RON DESANTIS LAUREL M. LEE
Governor Secretary of State
6
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January 31, 2022
Honorable Kevin Madok
Clerk of the Circuit Court "
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
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Attention: Pamela Hancock CU
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Dear Mr. Madok:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 001-2022, which was filed in this office on January 31,
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2022. 'a
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Sincerely,
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Anya Owens CL
Program Administrator <
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R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
Packet Pg. 1214
F.2.c
From: Municode Ords Admin
To: Pamela G. Hancock
Subject: RE: Monroe County, FL Code of Ordinances-2008(14298)OrdBank
Date: Thursday,February 3,2022 6:34:55 AM
Attachments: maae002.png
im2ae003.ong
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We have received your file.
Thank you and have a nice day. o
Ords Administrator 2-
IViunicodeords@CiVicplus.com CU
1-800-262-2633
P.O. Box 2235 U)
Tallahassee, FL 32316
When available, please send all documents in WORD format to IVlunicodeords2CMcplus.com. t3
However, if WORD format is not available, we welcome any document format including PDF.
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® (she/her/hers)
Production Support Specialist Supplement Department • Municode
civicplus.cor municode.com
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municode Powering and Empowering Local Governments
raves e;r xCIrtICRU
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From: Pamela G. Hancock<phancock@monroe-clerk.com>
Sent: Monday,January 31, 2022 2:04 PM
To: State of Florida <CountyOrdinances@dos.myflorida.com>
Cc: Amanda Leggett<Leggett-amanda@monroecounty-fl.gov>; Corie Abel <abel- >
0
corie@monroecounty-fl.gov>; Eurie Sarmiento <sarmiento-eurie@monroecounty-fl.gov>; Lindsey CL
CL
Ballard <Ballard-Lindsey@monroecounty-fl.gov>; Liz Yongue <yongue-liz@monroecounty-fl.gov>;
MuniCode<ords@municode.com>;Tamara Lamarche (boccdis4@monroecounty-fl.gov) N
<boccdis4@monroecounty-fl.gov>;Jennifer Garcia <garcia-jennifer@monroecounty-fl.gov>; N
Gambuzza-Dina (Gambuzza-Dina@MonroeCounty-FL.Gov) <Gambuzza-Dina@MonroeCounty-
FL.Gov>; Hurley-Christine <Hurley-Christine@ Mon roeCounty-FL.Gov>;Abra Campo <Campo-
Abra@monroecounty-fl.gov>; Maureen Proffitt<proffitt-maureen@monroecounty-fl.gov>; Alison CU
Smith <smith-alison@monroecounty-fl.gov>; Cheryl Cioffari <cioffari-cheryl@monroecounty-fl.gov>;
Deb Roberts <Roberts-Debra@monroecounty-fl.gov>; Ilze Aguila <aguila-ilze@monroecounty-
fl.gov>; Schemper-Emily(Schemper-Emily@ Mon roeCounty-FL.Gov) <Schemper-
Emily@ Mon roeCounty-FL.Gov>
Subject: Monroe County
i;
Packet Pg. 1215
F.2.c
You don't often get email from nhancock a mom oe-clerk.com.Learn why this is important
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Sender Full Name: Pamela G. Hancock
Sender Phone Number: (305) 292-3550
County Name: Monroe
Ordinance Number: 2022-001
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Pamela G. Hancock
f $ � t Executive Administrator To Clerk
Kevin Madok, CPA
Clerk of the Circuit Court& Comptroller
�Ps 500 Whitehead Street, Key West,Florida, 33040
b,ti��
Phone: 305-292-3550 '
www.clerk-of-the-court.com
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PLEASE NOTE: The information contained in this message and any accompanying attachments may
contain privileged, private, and/or confidential information protected by state and federal law. If you cs
have received this information in error, please notify the sender immediately and destroy the
4-
information. c
Florida has a very broad public records law. Most written communications with any public agency in CU
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the course of its official business are public record, and available to the public and media upon
request. Your e-mail communication with this office may be subject to public disclosure. 0
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Packet Pg. 1216
F.2.d
RESOLUTION NO. 042-2023
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
AUTHORIZING THE MONROE COUNTY LAND AUTHORITY Ul)
TO INITIATE THE PROCESS FOR DISPOSING OF ONE (1)
VACANT COUNTY OWNED LOT IN DUCK KEY CENTER a
ISLAND COMMONLY KNOWN AS 104 JAMAICA STREET,
DUCK KEY, WITH PARCEL ID NUMBER 00379540-000000,
PROVIDED THAT THE LOT IS DEED-RESTRICTED TO
PROHIBIT THE CONSTRUCTION OF A PRINCIPAL
RESIDENTIAL DWELLING UNIT THEREON; COMBINED BY
UNITY OF TITLE IF SOLD TO A CONTIGUOUS PROPERTY
OWNER; AND FOLLOWING DISPOSITION PROGRAM
STANDARDS IN MONROE COUNTY CODE SECTIONS 2-416
THROUGH 2-423, AS PART OF THE COUNTY'S DENSITY
REDUCTION PROGRAM. U
WHEREAS, in 2016, the Board of County Commissioners (the "BOCC") initiated a Density
Reduction Program to purchase development rights from the owners of private property in anticipation
of the State's expected cessation of new development once the current pool of Rate of Growth Ordinance 0
(ROGO) allocations is exhausted; and 2
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WHEREAS, the goals of the County's Density Reduction Program are to 1) reduce ongoing N
development pressures and the resulting effect on hurricane evacuation clearance times, 2) reduce the
demands on public facilities and infrastructure, and 3) protect property owner rights, thus ultimately
avoiding unnecessary costs associated with defending property rights claims; and
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WHEREAS,the subject lot(Parcel ID#: 00379540-000000)was the subject of a code compliance
case where the lien had reached approximately $545,000 due to the construction of a partially built home
that the owners abandoned; and
WHEREAS, the County acquired the lot for $5,703.19 when there we no bids for the tax deed
sale in 2020 and in 2021, the County paid $2,237.64 to satisfy the remaining tax certificates; and
WHEREAS, the County paid to demolish the partially built,unsafe structure; and
WHEREAS,the BOCC created the Disposition Program with standards by Ordinance 001-2022, Q
which are now codified at Sections 2-416 et seq. (contiguous lot) and 2-421 et seq. (neighborhood) of the N
County Code; and
WHEREAS, the subject lot is eligible to be sold, under the standards in Sections 2-416 et seq.
(contiguous lot) and 2-421 et seq. (neighborhood) of the County Code; and U)
WHEREAS,the BOCC finds the DKPOA is a qualified buyer of the density reduction lot in Duck U
Key Center Island Subdivision; and
WHEREAS, the BOCC finds there are two contiguous Property Owners to the subject lot:
Dolphin Building Property LLC, whose address is 470 Central Blvd, Miami FL 33144 and Richard C
Packet Pg. 1217
F.2.d
and Gloria J Mola, whose address is 19 Bethel Street, Norwalk, CT, 06855, who are qualified
buyers of the density reduction lot in Duck Key Center Island Subdivision; and
WHEREAS, the BOCC finds that the best use of the subject lot is to offer the lot for
sale to both contiguous property owners and to DKPOA; however, the use of a dog park, as
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previously discussed would not be an appropriate use; and
WHEREAS,the deed restricted lot will be offered for sale to the highest and best bidder d
pursuant to the requirements set forth in Sections 2-416 et seq. (contiguous lot) and 2-421 et
seq. (neighborhood) of the County Code; and
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WHEREAS, the sale of this deed restricted lot is consistent with Policies 102.4.3 and
102.4.5 of the 2030 Monroe County Comprehensive Plan; and
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WHEREAS, the Monroe County Board of County Commissioners must approve a
resolution directing initiation of the disposition following standards set forth in Sections 2-416
et seq. (contiguous lot) and 2-421 et seq. (neighborhood) of the County Code; and U
WHEREAS, the Monroe County Land Authority commissioned and received an
appraisal of the property without development rights as described in Code Sections 2-416
through 2-423 in September, 2022 in the amount of$51,000; and -
2
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WHEREAS, the Monroe County Land Authority shall send notices of this disposition
offering to owners of contiguous properties and the Duck Key Property Owners' Association,
by certified mail, and request bids from those property owners.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA: ,CU
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Section 1: The "Whereas" clauses set forth above are incorporated as findings by the Board.
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Section 2• The Monroe County Land Authority is authorized to simultaneously initiate the
process set forth in Sections 2-416 et seq. (contiguous lot) and 2-421 et seq.
(neighborhood) of the County Code to dispose of one County owned density 0
reduction lot located at 104 Jamaica Street, Duck Key, (Parcel ID#: CL
00379540-000000).
N
Section 3• The Monroe County Land Authority shall follow the Program Standards N
and the Process identified in Sections 2-416 et seq. (contiguous lot) and
2-241 et. seq. (neighborhood) of the County Code. In addition to the
information required by the Code, the notice to prospective bidders
shall make clear that the parcel, if purchased, cannot be used for a dog 0
park.
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Section 4• The minimum bid shall be $51,000.00. 0
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Section 5• Any revenue derived from the sale of this lot shall be deposited to Fund 316,
the fund used to pay for land acquisitions under the density reduction program E
and/or Less than Fee Program,per Section 2-423 of the County Code.
Section 6: This resolution shall take effect upon adoption.
Packet Pg. 1218
F.2.d
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 18th day of January 2023. `"
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Mayor Craig Cates Yes
Mayor pro tem Holly Raschein Yes
Commissioner Michelle Lincoln Yes
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Commissioner James Scholl Yes CU
Co sioner David Rice Yes
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S;T: 1 ':SIN MADOK, CLERK BOARD O COUNTY COMMISSIONERS
OF MO E COUNT4, FLORIDA
Aff
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As Dep ty Clerk Mayor Craig Cates
Robert B. Digitally9gnedbyflobert B.ShilBnger
j DN:cn=Robert B.Shilling.-Manroe C.0 ly
{� `BDCC.ou-Monroe County Attomey, 0
Shillinger Me:20 .01.26614457�51W,untyRgov.a=U6
Approved for Form and Legal Sufficiency
Robert B. Shillinger, Monroe County Attorney
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Packet Pg. 1219