Resolution 087-2004
RESOLUTION NO. 087 -2004
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY RESCINDING RESOLUTION 381-2003 BECAUSE
OF A NOTICING ERROR AND APPROVING THE REQUEST OF JOHN
MOYANT TO EXCHANGE PRIVATELY OWNED LAND OF
CONSERVATION VALUE FOR LANDS DEDICATED TO THE COUNTY
FOR CONSERVATION PURPOSES UNDER THE COUNTY'S RATE OF
GROWTH ORDINANCE AS PER RESOLUTION 179-2003.
WHEREAS, the Board of County Commissioners has authority under Section 125.37,
Florida Statues, following proper notice, to exchange properties without going through bid
procedures, provided that in the opinion of the Board the property is no longer needed for public
purposes and it may be in the best interest of the County to exchange such property for other real
property which the county may desire to acquire for public purposes; and
WHEREAS, the Board of County Commissioners adopted Resolution 381-2003
authorizing the transfer of Lot 39 Drs. Arm Subdivision Addition No. 3 on Big Pine Key from
Monroe County in exchange for property known as Pine Key Acres Tract HE, in Section 23,
Township 66 South, Range 29 East and having Real Estate ID # 00111072.015000 from John K.
Moyant; and
WHEREAS, Section 125.37, Florida Statues, authorizes such an exchange provided that
the terms and conditions of said transfer are first published once a week for at least two weeks in
a newspaper of general circulation before adoption by the Board of County Commissioners of a
resolution authorizing the exchange of the properties; and
WHEREAS, the notice requirements were not met for Resolution 381-2003 and
therefore the resolution must be rescinded; and
WHEREAS, the Board passed Resolution 179-2003 which adopts guidelines for
approving any exchange of property dedicated to the County for conservation purposes under
ROGO;and
WHEREAS, Mr. John Moyant who owns Lot 41, Drs. Arm Subdivision Addition No. 3
on Big Pine Key has requested approval to exchange properties under Resolution 179-2003; and
WHEREAS, Lot 39 Drs. Arm Subdivision Addition No. 3 on Big Pine Key was
dedicated to the County for the purpose of gaining points in ROGO for Permit number 01-1-
0986 (hereafter referred to as the 'dedicated property'); and
WHEREAS, Mr. Moyant is requesting ownership of the dedicated property in exchange
for property known as Pine Key Acres Tract HE, in Section 23, Township 66 South, Range 29
East and having Real Estate ID # 00111072.015000 (hereafter referred to as the 'exchanged
property'); and
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WHEREAS, Staff finds that the guidelines set forth in Resolution 179-2003 have been
addressed as follows:
A. The exchanged property shall meet all the requirements for a dedicated lot or acre of
unplatted land under Section 9.5-122.3(5), Monroe County Code.
The applicant's exchanged property is located within the Key Deer National Refuge and
is also within the State CARL boundaries. The lot size is one acre and is zoned SR which
has an allocated density of 2 dwelling units per acre. The lot is buildable.
B. The exchanged property must be eligible to receive ROGO points for dedication
purposes equal to or greater than the points awarded to the dedicated property.
The dedicated lot is a single lot zoned IS and received 2 points for its dedication under
building permit 01-1-0986. The exchanged lot would also receive 2 points if dedicated in
ROGO.
C. The exchanged property shall be located on the same island.
Both the dedicated lot and the exchanged lot are located on Big Pine Key.
D. The exchanged property shall be within a designated Tier 1 area or areas designated
for public acquisition for conservation and resource protection purposes.
The exchanged property is located within a proposed Tier I area
E. The "H" value of the exchanged property shall be equal to or greater than three (3)
times the "H" values for the dedicated property for any property exchanges on Big
Pine Key or No Name Key.
Because the property exchanges are on Big Pine Key this requirement applies. The "H"
value of the dedicated property is .0006 while the H value of the exchanged property is
.0086, more than three times the H of the dedicated lot. H values were determined using
the GIS data developed by URS Corp. as a part of the HCP process.
F. The dedicated property shall only be used for principal residential and residential
accessory uses.
The applicant has stated that they intend to exchange the lot to another individual who
currently has a building permit for lot 40. The dedicated lot will be used for principal
residential purposes.
WHEREAS, the terms and conditions ofthe exchange of Parcel HE for Lot 39 have been
published in local newspapers at least once a week for two weeks prior to adoption of this
resolution, as required by F.S. 125.37; and
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WHEREAS, the Board of County Commissioners finds that the exchange of the
dedicated lot for the proposed exchanged lot promotes conservation and resource protection and
smart growth in Monroe County; NOW THEREFORE,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY that:
Section 1. Resolution 381-2003 is hereby rescinded.
Section 2. The BOCC hereby approves the exchange of the dedicated property for the
exchange property.
Section 3. The BOCC directs the County Attorney's office to draft the appropriate legal
documentation to transfer the title of the dedicated property to Mr. Moyant and of the exchanged
property to Monroe County and authorizes the Mayor of Monroe County to sign said documents.
Section 4. The exchanged lot shall be inspected by Code Enforcement and all trash and
debris shall be removed prior to dedication to the County.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County
Florida, at the regular meeting of said Board held on the 18th day of February, 2004.
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MONROE COUNTY ATTO~~~Y
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This instrument prepared by,
or under the direction of,
Suzanne A. Hutton. ESQ,
FBN 336122
Office of County Attorney
P,O.Box 1026
Key West, F1. 33041-1026
Parcel ID No. 00312573-004000 AK#1385999
MONROE COUNTY
OFFICIAL RECORDS
FILE #1429504
BK# 1 9 B 1 PG# 9 1 2
QUITCLAIM DEED
Property Exchange
RCD Mar 08 2004 11:50AM
DANNY L KOLHAGE, CLERK
Tms INDENTURE, Made this 18th day of February. 2004 , by and between MONROE
COUNTY, by and through the Board of County Commissioners of Monroe County Florida, Party of the First Part,
whose address is 500 Whitehead Street, Key West, Florida 33040, to JOHN K. MOY ANT, a married man, Party of
the Second Part.
WITNESSETH
WHEREAS, Party of the Second Part did heretofore acquire title to Parcel HE, PINE KEY ACRES, Big
Pine Key, Florida, as recorded in Official Records Book 509 at Page 1047 of the Public Records of Monroe
County Florida, as recorded at OR 1946, page 1368; and
WHEREAS, Party of the Second Part desires to trade Parcel HE for a parcel previously dedicated to the
County for ROGO (Rate of Growth Ordinance) purposes; and
WHEREAS, the Board of County Commissioners of Monroe County, Florida, did determine in Resolution
No. 381-2003 that Parcel HE would meet all the requirements for an exchange of property, as set forth in
Resolution No. 179-2003; and
WHEREAS, Party of the Second Part has tendered to the County a warranty deed for Parcel HE, setting
forth that Party of the Second Part is a married man; and
WHEREAS, prior to the adoption of the resolution authorizing said exchange, there has been published at
least once a week for two weeks, the terms and conditions of the exchange of Parcel HE for Lot 39, as required by
F.S. 125.37;
NOW, THEREFORE, THIS INDENTURE WITNESSETH: That the Party of the First Part, in
consideration of receipt of title to Parcel HE, PINE KEY ACRES, does hereby remise, release and quitclaim unto
the Party of the Second Part, and assigns, forever, all the right, title and interest of the Party of the First Part to the
property herein described to be used solely for principal residential and residential accessory purposes, all that
certain land situate in _Monroe County, Florida, to wit:
Lot 39, Doctor's Arm Subdivision, Third Addition, Section C, as recorded at Plat Book 6, page 41 of
the Public Records of Monroe County, Florida.
TO HAVE AND TO HOLD, the said premises and the appurtenances thereof unto the Party of the Second
WHEREOF, the Party of the First Part has caused these presents to be signed in its name by
mmissioners acting by the Mayor of said Board, the day and year first above written.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By;!h::;~ '--~
NEY Mayor "
MONROE COUNTY
OFFICIAL RECORDS