HomeMy WebLinkAboutItem G09 BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor Michelle Lincoln,District 2
The Florida. Keys Mayor Pro Tem David Rice,District 4
p Craig Cates,District 1
James K. Scholl,District 3
Holly Merrill Raschein,District 5
Regular Meeting
April 15, 2026
Agenda Item Number: G9
26-0710
BULK ITEM: No DEPARTMENT: MC Land Authority Governing
Board
TIME APPROXIMATE: 9:25 AM STAFF CONTACT: Cynthia Guerra
AGENDA ITEM WORDING: Approval of a resolution requesting that the Monroe County Board of
Commissioners donate Lots 4, 5, 6, 7, 8, 9, 10, 11, 13, and 14,Revised Plat of Galleon Bay on No Name
Key to the Land Authority as conservation land.
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 requests that the County donate the 10 lots to the Land Authority as
conservation land.
ADVISORY COMMITTEE ACTION: On March 25, 2026 the Committee voted 4/0 to recommend
approval of the proposed resolution.
PREVIOUS RELEVANT GOVERNING BOARD ACTION: On September 18, 2019 the Board
approved Land Authority Resolution 06-2019.
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:
RESOLUTION NO.
A RESOLUTION OF THE MONROE COUNTY COMPREHENSIVE
PLAN LAND AUTHORITY REQUESTING THAT THE MONROE
COUNTY BOARD OF COUNTY COMMISSIONERS DONATE
LOTS 4, 5, 6, 7, 8, 9, 10, 11, 13, AND 14, REVISED PLAT OF
GALLEON BAY ON NO NAME KEY TO THE LAND AUTHORITY
AS CONSERVATION LAND.
WHEREAS, pursuant to s. 380.0666(3)(a), Florida Statutes, the Monroe County Comprehensive
Plan Land Authority (hereinafter "Land Authority") is authorized to acquire real property or any
interest therein when such acquisition is necessary or appropriate to protect the natural
environment or 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 on No Name Key were the subject
of a private property rights claim in Galleon Bay Corporation vs. Board of Commissioners of
Monroe County, Florida vs. State of Florida; and
WHEREAS, said litigation resulted in a ruling against the defendants as to a permanent taking of
Lots 1, 2, 3, 6, 7, 8, and 11 and as to a temporary taking of Lots 4, 5, 9, 10, 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 was
satisfied; and
WHEREAS, the County Attorney recommended that the Monroe County Board of County
Commissioners (hereinafter "BOCC") 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, Revised Plat of Galleon Bay (hereinafter"Permanent Taking Property"); and
WHEREAS, the Clerk of the Circuit Court and Comptroller's Office 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 was 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 was $539,369.67; and
WHEREAS, on August 28, 2019 the Land Authority Advisory Committee considered the County
Attorney's recommendation and voted 4/0 to recommend approval; and
WHEREAS, on September 18, 2019 the Land Authority Governing Board adopted Resolution 06-
2019 authorizing payment of the judgment, statutory interest, and service charge totaling
$539,369.67 on behalf of the defendants in said case and authorized receiving title to the
Permanent Taking Property as conservation land and as consideration for said payment; and
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WHEREAS, on September 19, 2019 the Land Authority made said payment; 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, 5, 6, 7, 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
WHEREAS, the Land Authority desires that the BOCC donate the Subject Property to the Land
Authority as conservation land; and
WHEREAS, on March 25, 2026 the Land Authority Advisory Committee considered this resolution
and voted 4/0 to recommend approval.
NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY COMPREHENSIVE PLAN
LAND AUTHORITY that the Land Authority requests that the BOCC donate the Subject Property
to the Land Authority as conservation land.
PASSED AND ADOPTED by the Monroe County Comprehensive Plan Land Authority at a regular
meeting on this 15th day of April, 2026.
Commissioner Craig Cates
Commissioner Michelle Lincoln _
Vice Chairman Holy Merrill Raschein
Commissioner James Scholl _
Chairman David Rice
(Seal)
ATTEST: MONROE COUNTY COMPREHENSIVE
PLAN LAND AUTHORITY
Cynthia Guerra David Rice
Executive Director Chairman
Approved as to form and legality:
Greg Oropeza, Esquire
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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, 2, 3, 6, 7, 8, and 11 and as to a temporary taking of Lots 4, 5, 9, 10, 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, 2, 3, 8, 7. O. and 11 as
consideration for Said payment.
Section . Lots 1, 2, 3, 8, 7. O. and 11 Sh8U be acquired and Dl8D@g8d as CODse[V8dOO land.
PASSED AND ADOPTED by the Monroe County Comprehensive Plan Land Authority at a
regularday of September 2019.
Commissioner Michelle Cu|dimn Yes
Commissioner Danny Ko|hage Yes
Mayor Sylvia Murphy v,,
Commissioner David Rice y C's
Chairman Heather Carruthers 1��
_
ATTE�T�°"-�~`°' MC)NROE COUNTY COMPREHENSIVE
PLAN LAN AUTHORITY
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ChadeSG. PattiSOn Heath
C��ut�ens
�� -ExeCut�e [}irector C|ha/ O �~
Approved aeto form and legality:
Adele V. Stones, Esquire
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