HomeMy WebLinkAboutItem F04 COUNTY of MONROE BOARD OF COUNTY COMMISSIONERS
� Mayor Michelle Lincoln,District 2
The Florida Keys Mayor Pro Tem David Rice,District 4
y Craig Cates,District 1
James K. Scholl,District 3
� «
Holly Merrill Raschein,District 5
Regular Meeting
April 15, 2026
Agenda Item Number: F4
26-0746
BULK ITEM: Yes DEPARTMENT: County Land Acquisition and Land
Management
TIME APPROXIMATE: STAFF CONTACT: Cynthia Guerra
AGENDA ITEM WORDING: Approval of a resolution authorizing the donation of Lots 4, 5, 6, 7, 81
9, 10, 111 13, and 14, Revised Plat of the Galleon Bay on No Name Key to the Monroe County
Comprehensive Plan Land Authority for conservation and authorizing the Mayor to execute the deed
and associated closing documents.
ITEM BACKGROUND: This resolution is proposed to address a leftover matter related to the
County's litigation in the Galleon Bay case.
Pursuant to Land Authority Resolution 06-2019,the Land Authority assisted the County in this litigation
by paying the County's judgment. As consideration for the Land Authority's payment, Resolution 06-
2019 anticipated that the County would convey to the Land Authority title to the lands acquired as
conservation land. The County's litigation has concluded. As a result of the court's ruling in the case
and a settlement agreement between plaintiff and defendants, the County has acquired 10 lots of Tier 1,
environmentally sensitive habitat on No Name Key.
The proposed resolution authorizes the County to donate the 10 lots to the Land Authority as
conservation land.
PREVIOUS RELEVANT BOCC ACTION:
On 9/18/19, sitting as the Land Authority Governing Board, the Board approved Land Authority
Resolution 06-2019.
On 9/20/23, sitting as the BOCC, the Board approved a Settlement and Release Agreement on
Attorneys' Fees and Costs in Galleon Bay Corporation vs. Board of County Commissioners of Monroe
County, Florida vs. State of Florida.
INSURANCE REQUIRED: No
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
FINANCIAL IMPACT: N/A
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:
Approval of a resolutionauthorizing i s 4, 5, 6, 7, 8, 9, 10, 11, 13, and 14,
Revised tote Monroe County Comprehensive
Plan Land Authority for conservation and authorizing the Mayor to execute t e deed and
associated l slng documents.
RESOLUTION NO.
A RESOLUTION OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AUTHORIZING THE DONATION OF
LOTS 4, 5, 61 71 87 97 101 11, 131 AND 14, REVISED PLAT OF
GALLEON BAY TO THE MONROE COUNTY COMPREHENSIVE
PLAN LAND AUTHORITY FOR CONSERVATION AND
AUTHORIZING THE MAYOR TO EXECUTE THE DEED AND
ASSOCIATED CLOSING DOCUMENTS.
WHEREAS, the Monroe County Board of County Commissioners (hereinafter "BOCC") acquired
7 lots on No Name Key described as Lots 1, 2, 3, 6, 7, 8, and 11, Revised Plat of Galleon Bay
(hereinafter"Permanent Taking Property") pursuant to the Final Judgment dated May 26, 2016 in
Galleon Bay Corporation vs. Board of County Commissioners of Monroe County, Florida vs. State
of Florida; and
WHEREAS, on September 19, 2019 the Monroe County Comprehensive Plan Land Authority
(hereinafter "Land Authority"), paid the judgment, statutory interest, and service charge totaling
$539,369.67 on behalf of the BOCC and the State of Florida in said Final Judgment and
anticipated receiving title to the Permanent Taking Property as consideration for said payment
pursuant to Land Authority Resolution 06-2019; and
WHEREAS, pursuant to the Order Approving Settlement and Release Agreement on Attorneys'
Fees and Costs dated December 20, 2023 in Galleon Bay Corporation vs. Board of County
Commissioners of Monroe County, Florida vs. State of Florida, the BOCC conveyed a portion of
the Permanent Taking Property consisting of Lots 1, 2, and 3, Revised Plat of Galleon Bay to the
Plaintiff and received title to Lots 4, 5, 9, 10, 13, and 14, Revised Plat of Galleon Bay from the
Plaintiff (hereinafter "Settlement Property") and;
WHEREAS, as a result of both said Final Judgement and said Order Approving Settlement, the
BOCC now owns 10 lots described as Lots 4, 57 67 77 8, 9, 10, 11, 13, and 14, Revised Plat of
Galleon Bay (hereinafter"Subject Property"); and
WHEREAS, the Subject Property is Tier 1 environmentally sensitive habitat and is not suitable for
development or any other County purpose other than conservation; and
WHEREAS, the Land Authority owns and manages many environmentally sensitive properties for
conservation; and
WHEREAS, the BOCC desires to donate the Subject Property to the Land Authority for
conservation; and
WHEREAS, Section 125.38, Florida Statutes authorizes the BOCC to convey County-owned
property regardless of value to another government entity provided the property is not needed for
county purposes; and
NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS:
Page 1 of 2
Section 1. The BOCC hereby authorizes the donation of the Subject Property to the Land
Authority for conservation.
Section 2. The Mayor is hereby authorized to execute the deed and associated closing
documents to complete the transaction.
PASSED AND ADOPTED by the Monroe County Board of County Commissioners at a regular
meeting on this day of , 2026.
Mayor Michelle Lincoln
Mayor Pro Tern David Rice
Commissioner Craig Cates
Commissioner James Scholl
Commissioner Holly Merrill Raschein
MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
By:
Mayor Michelle Lincoln
(SEAL)
ATTEST: KEVIN MADOK, CLERK
By:
Deputy Clerk
Monroe County Attorney's Office
Approved as to form and legal sufficiency
Page 2 of 2
Lots 4, 5, 6, 7, 8, 9, 10, 11, 13, and 14, Revised Plat of Galleon Bay
No Name Key
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RESOLUTION NO. 06-2019
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.
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
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
WHEREAS said litigation resulted in a ruling against the defendants as to a permanent taking of
Lots 1, 21 31 6, 71 8, and 11 and as to a temporary taking of Lots 4, 51 91 107 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
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
$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
WHEREAS, the Land Authority Advisory Committee considered the County Attorney's
recommendation on August 28, 2019 and voted 410 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 $539,369.67 on
Page 1 of 2
behalf of the defendants of said case and to receive title to Lots 1, 21 31 61 77 8, and 11 as
consideration for said payment.
Section 2,,. Lots 1, 2,, , 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 18thay_d of'— Se]2tember —12019.
Commissioner Michelle Cold'iron Yes
Commissioner Daniny Kolhage Yes
Mayor Sylvia Murphy Yes
Commissioner David' Rice Yes
s
Chairman Heather Carruthers Ye
(S
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ATT'E MONROE COUNTY COMPREHENSIVE
PLAN LAN AUTHORITY
Charles G. Plat,tison Heath Ca rat Xers
Executive Director Chair �an
Approved as to form and legality:
Adele V. Stones, Esquire
Page 2 of 2