Resolution 205-2005
RESOLUTION NO. 205 2005
A RESOLUTION BY THE MONROE COUNTY BOARD OF:2~
COUNTY COMMISSIONERS APPROVING THE REQUEST~ .p
OF ROBERT AND LOURDES VILA TO EXCHANGE~?=?~
PRIVATELY OWNED LAND OF CONSERVATION VALUE~?';::
FOR LANDS DEDICATED TO THE COUNTY FORg~~
CONSERVATION PURPOSES UNDER THE COUNTY'S ~:o~
RATE OF GROWTH ORDINANCE AS PER RESOLUTION:<~2=
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179-2003 r 0
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WHEREAS, the Board of County Commissioners has authority under Section
125,37, Florida Statutes, 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, Section 125.37, Florida Statutes, authorizes such an exchange
provided that the statutes, 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 Board passed Resolution 179-2003 which adopts guidelines for
approving any exchange of property dedicated to the County for conservation purposes
under RaGa; and
WHEREAS, the Board passed Resolution 077-2005 deferring actions on
consideration of land swaps of properties which have been dedicated to the County under
RaGa to prevent erosion of the County's acquisition program by individual requests and
approving exemption requests of four parcels of which include RE Nos 0000210811-
005700 and 00208200-000000,
WHEREAS, Mr. and Mrs, Robert Vila who currently own property known as
Ramrod Shores Marina, Block 7, Lot 12, Section 31, Township 66, Range 29, having
Real Estate ID# 00208200-000000 has requested approval to exchange properties under
Resolution 179-2003; and
WHEREAS, this property shall hereafter be referred to as the "Vila" property;
and
WHEREAS, the County of Monroe, State of Florida, procured the property
known as Ramrod Shores Marina, Block 5, Lot 11, Section 31, Township 66, Range 29,
having Real Estate ID# 00210811.005700 through a Warranty Deed dated the 28th of
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September, 1999, from Ralph Ronald Hilpot that was ROGO dedicated under building
permit #97-1-0840; and
WHEREAS, this property shall hereafter be referred to as the "BOCC" property;
and
WHEREAS, Mr, and Mrs. Vila are requesting ownership of the "BOCC"
property in exchange for the "Vila" property; and
WHEREAS, Staff has found the "Vila" property to be of higher value for
conservation and resource protection than the "BOCC" property as required by
Resolution 179-2003; and
WHEREAS, Staff finds that the guidelines set forth in Resolution 179-2003 have
been addressed as follows:
A. The "Vila" property shall meet all the requirements for a dedicated lot or
acre of unplatted land under Section 9,5-122,3(a)(5), Monroe County
Code,
The applicant's property is located within the Ramrod Shores Marina with a
lot size of 6,200 square feet or approximately one and a half (1.5) acres, The
lot is zoned IS which has an allocated density of 1 dwelling unit per lot. The
lot is buildable,
B. The "Vila" property must be eligible to receive Rate of Growth Ordinance
(ROGO) points for dedication purposes equal to or greater than the points
awarded to the "BOCC" property,
The "Vila" property is a single lot zoned Improved Subdivision and would
receive 2 points if dedicated within, or under the current ROGO evaluation
criteria,
C. The exchanged property shall be located on the same island,
Both the "BOCC" lot and the "Villa" lot are located on Ramrod Key.
D. The exchanged property shall be within a designated Tier I area or areas
designated for public acquisition for conservation and resource protection
purposes.
The exchanged property is designated for public acquisition for conservation
and resource protection by Monroe County and is designated as Tier 1.
E. The "H" value of the exchanged property shall be equal to or grater than
three (3) times the "H" values for the dedicated property for any property
exchanges on Big Pine Key or No Name Key.
The properties are not on Big Pine Key or No Name Key.
F. The "BOCC" property shall only be used for principal residential and
residential accessory uses.
The applicant has stated in their letter dated January 18, 2005, that the
dedicated lot will be used for principal residential purposes,
WHEREAS, the terms and conditions of the exchange of Block 7, Lot 12 for
Block 5, Lot 11 have been published in local newspapers at least once a week for two
weeks prior to adoption ofthis resolution, as required by F.S. 125.37; and
WHEREAS, the Board of County Commissioners finds that the exchange of the
"BOCC" lot for the proposed "Vila" 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, FLORIDA, that:
Section 1. The BOCC hereby approves the exchange of the "BOCC" property for the
"Vila" property.
Section 2. The BOCC directs the County Attorney's office to draft the appropriate legal
documentation to transfer the title of the dedicated property to Mr, and Mrs, Vila and of
the exchanged property to Monroe County and authorizes the Mayor of Monroe County
to sign said documents,
Section 3. The "Vila" 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 a regular meeting held on the 15th day of June , A.D" 2005,
Mayor Dixie Spehar
Mayor Pro Tern Charles "Sonny" McCoy
Commissioner Murray Nelson
Commissioner George Neugent
Commissioner David Rice
Yes
Yes
Not Present
Yes
Yes
=_.,.,-~~ARD OF COUNTY COMMISSIONERS OF MONROE C~Y.F~~ / /_ ~ J
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d{~\t~ '-o-Q BY '."~~
1?5~~ "'M~Y;~_'7 ~\\ Mayor/Chairperson
n '" Ii~"\ DIXIE M. SPEHAR
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