Item G20 G20
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5
Michelle Lincoln,District 2
James K.Scholl,District 3
m' David Rice,District 4
Board of County Commissioners Meeting
October 18, 2023
Agenda Item Number: G20
2023-1677
BULK ITEM: No DEPARTMENT: Land Authority Governing Board
TIME APPROXIMATE: STAFF CONTACT: Christine Hurley
9:25 AM
AGENDA ITEM WORDING: Approval of Reservation of ROGO Exemption as evidenced by
ROGO Exemption Request File#2017-R179 and authorization for Chairman to sign instrument.
ITEM BACKGROUND:
Under separate agenda item the Governing Board is approving conveyance of two lots to the County for
use by Habitat for Humanity for affordable housing development.
The two lots have a market rate ROGO Exemption that needs to be severed from the property before
conveyance, as the Planning Department has requested the Board of County Commissioner reserve two
affordable ROGO allocations for the two lots.
This document will be recorded in the land records prior to conveyance.
PREVIOUS RELEVANT BOCC ACTION:
N/A
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
MorrisJReservationo OGOExe ption.pdf
FINANCIAL IMPACT:
N/A
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Prepared by and return to:
Gregory S. Oropeza,Esq.
Oropeza, Stones&Cardenas,PLLC
221 Simonton Street
Key West,Florida 33040
305.294.0252
RESERVATION OF ROGO EXEMPTION
THIS RESERVATION OF ROGO EXEMPTION ("Reservation") is executed this day of
, 2023 by the MONROE COUNTY COMPREHENSIVE PLAN LAND
AUTHORITY, a land authority under section 380.0663(l), Florida Statutes, and Monroe County Ordinance
Number 031-1986 ("MCLA") as to the following:
WHEREAS MCLA owns the real property located at 28269 Julia Avenue, Little Torch Key,
Florida 33042, Parcel Identification Numbers 0022830-000000 and 00222830-000100 which is more
particularly described as:
Parcel 1:
Lots 8 and 9, Block 1, Amended Plat of The Ladies Acre, according to the plat thereof as
recorded in Plat Book 5,Page 96,Public Records of Monroe County, Florida;
Parcel 2:
On the Island of Little Torch Key and being a part of Gato Farm, Plat Book 2, Page 1, of
the Public Records of Monroe County, Florida, and being more particularly described as
follows: Begin at the Northwest corner of Lot 7, Block 1, Amended Plat of The Ladies
Acre, Plat Book 5, Page 96, of the aforementioned public records and run South 89
degrees 35 minutes 44 seconds East, along the North line of said Amended Plat of The
Ladies Acre, 507.23 feet to a point on the Mean High Water Line of Pine Channel; thence
meander said mean High Water Line in a Northerly Direction to a point on the South line
of Gato Farms Subdivision Plat No. 1, Plat Book 3, Page 123 of the Public Records of
Monroe County, said point being 134 feet East of the Southwest corner of Lot 10 of said
Gato Farms Sub. Plat No. 1; thence West, along the South line of Gato Farm Subdivision
Plat No. 1, 481.23 feet; thence South 295.84 feet back to the Point of Beginning;
LESS:
On the Island of Little Torch Key and being a part of Gato Farm, Plat Book 2, Page 1, of
the Public Records of Monroe County, Florida and being more particularly described as
follows: Begin at the Northwest corner of Lot 7, Block 1, Amended Plat of The Ladies
Acre, Plat Book 5, Page 96, of the aforementioned public records and run North 295.84
feet to a point on the South line of Gato Farms Subdivision Plat No. 1, Plat Book 3, Page
123 of the Public Records of Monroe County, Florida; thence East along said South line
83.0 feet; thence South 296.43 feet to the Northeast corner of Lot 7; thence North 89
degrees 35 minutes 44 seconds West a distance of 83.00 feet to the Point of Beginning.
the ("Property")
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and
WHEREAS pursuant to the ROGO Exemption Request File 92017-R179 with approval letter dated
October 1, 2020, a copy of which is hereby attached to and incorporated herein as Exhibit"A" the Property
has one (1)Rate of Growth("ROGO")market rate residential allocations; and
WHEREAS MCLA pursuant to Resolution is conveying the Property to
Monroe County; and
WHEREAS the transfer authorized pursuant to Resolution shall exclude
the ROGO which MCLA shall retain ownership of.
NOW, THEREFORE, for good and valuable consideration, the sufficiency of which is
acknowledged, MCLA retains all rights, title and interest to the one (1) ROGO Exemption pursuant to
ROGO Exemption Request File 92017-R179 shall remain with and retained by MCLA. This Reservation
shall be deemed a covenant running with the land and shall inure to and shall be binding upon all
successors, assigns,mortgagees, and lessees.
IN WITNESS WHEREOF, MCLA has caused these presents to be executed this day of
October,2023.
Monroe County Comprehensive Plan Land
Authority, a land authority under section
380.0663(1),Florida Statutes
By:
David Rice, Chairman
Approved for form and legal sufficiency
Gregory S. Oropeza, Esq.
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STATE OF FLORIDA
COUNTY OF MONROE:
The foregoing instrument was acknowledged before me by means of physical presence this day of
, 2023 by David P. Rice as Chairman of the MONROE COUNTY
COMPREHENSIVE PLAN LAND AUTHORITY, who (_) is personally known to me or (� has
produced as identification.
NOTARY SEAL: NOTARY PUBLIC
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