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10/17/2012 Agreement DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: November 6, 2012 TO: Jerry Barnett, Director Project Management A TTN: Ann Riger Contract Administrator FROM: Isabel C. DeSantis, D.C. At the October 17, 2012, Board of County Commissioner's meeting the Board approved the following: Item C45 Agreement for the Purchase of Lands with Dr. Fred R. Burrin, the adjacent land owner who received a portion of MacDonald Avenue as a result of the road abandonment. The County needs this last portion for the construction of the Stock Island Fire Station. Changes to paragraph 9 where the conveyance of a 6 inch strip of land was added. Enclosed is the original of the above - mentioned for your handling. Should you have any questions, please feel free to contact me. cc: County Attorney Finance File AGREEMENT FOR THE PURCHASE OF LANDS THIS AGREEMENT is made and entered into this � day of OG T b /� P� 2012, is by and between Fred R. Burrin, 6150 Second St., Key West, FI 33040 -5997 hereinafter styled the Seller, for himself, his heirs, executors, administrators, successors and assigns, and the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS (hereinafter, "COUNTY "). WITNESSETH: 1. In consideration of Ten Dollars ($10.00) in hand, paid by the COUNTY, the receipt of which is hereby acknowledged, the Seller agrees to sell to the COUNTY certain lands upon the terms and conditions hereinafter set forth, and for all of the lands and other interests, which lands shall include all tenements, hereditaments, together with all water and other rights, easements, appurtenances, and any and all of the Seller's rights in or arising by reason of ownership thereunto belonging, owned by them, situate and lying in the County of Monroe, State of Florida on Stock Island, more particularly described as follows, to -wit: See Exhibit "A" attached hereto and made a part hereof This legal description (EXHIBIT "A ") covers that portion of MacDonald Avenue which is the subject of the road abandonment and a small strip of land lying alongside Lot 12. 2. The Grantor and Grantee recognize that the property described located on MacDonald Avenue above is a portion of a proposed road abandonment which must be approved by the Board of County Commissioners pursuant to Florida Statutes and the Monroe County Code. The Seller agrees that the closing of this transaction is entirely contingent upon the Seller obtaining ownership of the described property subsequent to approval of a road abandonment of the property and conveyance of the property to Seller 3. The Seller(s) agree that they have full right, power and authority to convey, and that they will convey to the COUNTY the fee simple title together with legal and practical access thereto clear, free and unencumbered, except subject to the following easements or reservations: Existing easements for canals, ditches, flumes, pipelines, railroads, public highways and roads, telephone, telegraph, power transmission lines and public utilities. Marketable title shall be determined according to applicable title standards adopted by authority of the Florida Bar and in accordance with law. 4. The Seller(s) further agree not to do, or suffer others to do, any act by which the value or title to said lands may be diminished or encumbered. 5. It is further agreed that any loss or damage occurring prior to the vesting of satisfactory title in the COUNTY by reasons of the unauthorized cutting or removal of products therefrom, or because of fire, shall be borne by the Seller; and that, in the event any such loss or damage occurs, the COUNTY may refuse, without liability, to accept conveyance of said lands, or it may elect to accept conveyance upon an equitable adjustment of the purchase price. 6. The Seller further agrees that during the period covered by this instrument officers and accredited agents of the COUNTY shall have at all proper times the unrestricted right and privilege to enter upon said lands for all proper and lawful purposes, including examination of said lands and the resources upon them. t I The Seller hereby waives his rights to any and all claims against the COUNTY associated with, or arising from ownership of, said lands and this waiver shall survive closing. 7. The Seller will execute and deliver upon demand of the proper officials and agents of the COUNTY a good and sufficient deed of warranty conveying to the COUNTY a safe title to the said lands of such character as to be satisfactory to the legal counsel of the COUNTY and said deed shall provide that the use, occupation and operation of the rights -of -way, easements and reservations retained therein, shall be subordinate to and subject to such rules and regulations as may be prescribed by the COUNTY governing the use, occupation, protection and administration of lands. 8. In consideration whereof the COUNTY agrees that it will purchase all of said lands and other interests for the price of Twenty -One Thousand Dollars and No Cents ($21,000.00). The COUNTY further agrees that, after the preparation, execution, delivery and recordation of the deed, and after the legal counsel of the COUNTY shall have approved the title thus vested in the COUNTY, it will cause to be paid to the Seller the purchase price by a check drawn on the account of the COUNTY. The COUNTY shall pay the following expenses associated with the conveyance of the property: deed recording fees, settlement fees, abstract fees, title examination fees, the Buyer's attorney's fees, documentary stamps to be affixed to the deed, and title insurance for the property described in Exhibit A, as well as the pro rata share of prepaid real property taxes allocatable to the period subsequent to the vesting of title in the COUNTY, or the effective date of possession of such real property by the same, whichever is earlier. The Seller shall pay the expenses of the removal of trash, debris, and structures from the property described in Exhibit A, if any, real estate commissions he has incurred, if any, and title insurance on the real property to be conveyed to Seller as provided herein below. Full possession of the premises shall pass to the COUNTY as of the date payment is made to the Seller(s) subject only to the reservations stated in Section 2 through Section 4 above. 9. As additional consideration, the County agrees that it will, simultaneous with closing of the above described property convey unto the seller the real property more specifically described Exhibit B to the Seller. The County shall be responsible for costs associated with the said transfer excluding the cost of title insurance. Upon approval by the Board of County Commissioners, the Mayor shall be granted the authority to sign a deed or other required documents to effectuate the transfer of said property. 10. It is mutually agreed that an abstract, title insurance policy or other evidence of title to the property herein contracted to be sold, satisfactory to the legal counsel of the COUNTY will be obtained by the COUNTY at its expense. The Seller expressly agrees herein to furnish to the COUNTY any documents in Seller's possession establishing evidence of title including, but not limited to, abstracts, title commitments, title policies and opinions of title. 11. This Agreement may not be assigned by any party without the prior written consent of the other p arties. 12. It shall be the obligation of the Seller to pay all taxes and assessments, if any, outstanding as liens at the date title vests of record in the COUNTY, whether or not such taxes and assessments are then due and payable. 13. It is mutually understood and agreed that notice of acceptance of this agreement shall be given to the Seller(s) by mail addressed to the Seller(s) at the following address: 2 1 Fred R Burrin, DVM 6150 SECOND ST KEY WEST, FL 33040 -5997 and shall be effective upon date of mailing and shall be binding upon all of the Seller(s) without sending a separate notice to each, except as such obligation may be affected by the provisions of paragraph 6 hereof. 14. The property shall be delivered at closing free of any tenant or occupancy whatsoever. 15. The effective date of this agreement shall be that date when the last one of the Seller and the COUNTY has signed this agreement. 16. The Closing Date of this agreement shall be October 18, 2012, or as soon as possible following that date upon completion of title work, Board of County Commission approval and signatures have been received and other documents can be completed for closing, whichever is sooner. 17. If the Seller wishes to proceed with this transaction, the Seller has until May 25, 2021 to sign and return this contract to the COUNTY; subsequently, the contract will be presented to the Board of County Commissioners at the first available commission meeting pursuant to county policy. IN WITNESS WHEREOF, the Seller has hereunto signed his name and affixed his respective seal on the day first above written, with the understanding that this Agreement for Purchase cannot be executed by the COUNTY until after it is reported to it for its consideration, and therefore the Seller for and in consideration of the Ten Dollars ($10.00) hereinabove acknowledge as received, have and do hereby grant unto the COUNTY or its authorized representative, or any other office or agent of the COUNTY authorized to purchase said lands, the option and right to enter into this Agreement for Purchase within sixty (60) days from the execution thereof by the Seller, and to purchase said lands as herein provided. Seller(s): Sig ature of Seller / Printed name of Seller Date Phone Number for Seller MONROE COUNTY, acting by and through its Board of County Cgmmissioners, has executed this agreement on behalf of the MONROE COUNTY this 1/ – day of (�L �U O e /- , 2012. (S EA L) Attest: DANNY L. KOLHAGE, Clerk By Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: ZO;K� Mayor /Chairman Date: /0 — / 7 ,' o-, MONROE COUNTY ATTORNEY PROV�DA TO FO 3 NATILEENE W. CASSEL ASSISTANT COU TY ATTORNEY EXHIBIT "A" To the Agreement for Purchase of lands Between Fred R. Burrin and Monroe County A portion of MacDonald Avenue, lying South of Lot 11, Block 31, "MALONEY'S SUBDIVISION OF STOCK ISLAND ", A subdivision of Government Lots 1,2,3,5, & 6, Section 35, Government Lot 2, Section 36, Government Lot 3, Section 26, and Government Lot 2, Section 34, all in Township 67 South, Range 25 East on Stock Island according to the plat thereof, as recorded in Plat Book 1 at Page 55 of the Public Records of Monroe County, Florida, and being more particularly described as follows: BEGIN at the Southeast corner of said Block 31; thence S 00 °05'34" E along the Southerly extension of the Easterly line of said Block 31 for a distance of 30.00 feet to the centerline of MacDonald Avenue; thence S 89 °54'26" W along the centerline of said MacDonald Avenue for a distance of 50.00 feet to the Southerly Extension of the Westerly line of said Lot 11; thence N 00 °05'34" W along the Southerly extension of the Westerly Line of said Lot 11 for a distance of 30.00 feet to the Southwest corner of said Lot 11, and also being the Northerly right -of -Way line of MacDonald Avenue; thence N 89 °54'26" E along the Southerly lines of said Lot 11 and the Northerly Right -of -Way Line of MacDonald Avenue for a distance of 50.00 feet to the Point of Beginning. Containing 1,500.00 square feet or 0.0344 acres more or less. 4 1 EXHIBIT "B" To the Agreement for Purchase of Lands Between Fred R. Burrin and Monroe County The Easterly 0.5 feet of Lot 12 Block 31, "MALONEY'S SUBDIVISION OF STOCK ISLAND ", A subdivision of Government Lots 1,2,3,5, & 6, Section 35, Government Lot 2, Section 36, Government Lot 3, Section 26, and Government Lot 2, Section 34, all in Township 67 South, Range 25 East on Stock Island according to the plat thereof, as recorded in Plat Book 1 of Page 55 of the Public Records of Monroe County, Florida, and being more particularly described as follows: BEGIN at the Southeast corner of said Lot 12, Block 31; thence N 00 °05'34" W along the Easterly line of said Lot 12 for a distance of 125.00 feet to the Northeast corner of said Lot 12; thence S 89 °54'26" W along the North line of said Lot 12 for a distance of 0.50 feet; thence S 00 °05'34" E for a distance of 125.00 feet to the Southerly line of said Lot 12; thence N 89 °54'26" E along the said Southerly line of Lot 12 for .050 feet to the Point of Beginning. Containing 62.50 square feet or 0.0014 acres more or less. 5 1 EXHIBIT "A" To the Agreement for Purchase of lands Between Fred R. Burrin and Monroe County A portion of MacDonald Avenue, lying South of Lot 11, Block 31, "MALONEY'S SUBDIVISION OF STOCK ISLAND ", A subdivision of Government Lots 1,2,3,5, & 6, Section 35, Government Lot 2, Section 36, Government Lot 3, Section 26, and Government Lot 2, Section 34, all in Township 67 South, Range 25 East on Stock Island according to the plat thereof, as recorded in Plat Book 1 at Page 55 of the Public Records of Monroe County, Florida, and being more particularly described as follows: BEGIN at the Southeast corner of said Block 31; thence 5 00 °05'34" E along the Southerly extension of the Easterly line of said Block 31 for a distance of 30.00 feet to the centerline of MacDonald Avenue; thence S 89 °54'26" W along the centerline of said MacDonald Avenue for a distance of 50.00 feet to the Southerly Extension of the Westerly line of said Lot 11; thence N 00 °05'34" W along the Southerly extension of the Westerly Line of said Lot 11 for a distance of 30.00 feet to the Southwest corner of said Lot 11, and also being the Northerly right -of -Way line of MacDonald Avenue; thence N 89 °54'26" E along the Southerly lines of said Lot it and the Northerly Right -of -Way Line of MacDonald Avenue for a distance of 50.00 feet to the Point of Beginning. Containing 1,500.00 square feet or 0.0344 acres more or less. 4 1 � agcy EXHIBIT "B" To the Agreement for Purchase of lands Between Fred R. Burrin and Monroe County The Easterly 0.5 feet of Lot 12 Block 31, "MALONEWS SUBDIVISION OF STOCK ISLAND ", A subdivision of Government Lots 1,2,3,5, & 6, Section 35, Government Lot 2, Section 36, Government Lot 3, Section 26, and Government Lot 2, Section 34, all in Township 67 South, Range 25 East on Stock Island according to the plat thereof, as recorded in Plat Book 1 of Page 55 of the Public Records of Monroe County, Florida, and being more particularly described as follows: BEGIN at the Southeast comer of said Lot 12, Block 31; thence N 00 °05'34" W along the Easterly line of said Lot 12 for a distance of 125.00 feet to the Northeast corner of said Lot 12; thence S 89 0 54'26" W along the North line of said Lot 12 for a distance of 0.50 feet; thence S 00 °05'34" E for a distance of 125.00 feet to the Southerly line of said Lot 12; thence N 89 °54'26" E along the said Southerly line of Lot 12 for .050 feet to the Point of Beginning. Containing 62.50 square feet or 0.0014 acres more or less. 5 1 ;''t ', l +,; EL AKNV� r _ • i .! :� � i - , I .^ Ir� i fir•' � >� "� _ _ ASSA•; L �oanoH •.vrP � �' I � V CL 7 200.00' m.trp. t° I r LOT h LOT LOT j LOT �. i is s y t 1 y D 14 +" 13 ° I 1 2 JP 0 • li P .+.' .!� I 1 - ] � I - . � ✓ ' A ;' i I _ �, III j _ _ y' � n.ea'u•za'F rso.00� m.ep. _ PORTION TO BE ACQUIRED � � FROM BURRIN WHICH HE RECEIVED VIA fY AVENUE M . : O R t ROAD ABANDONMENT i f r b C. County of Monroe Growth Management Division R 2798 Overseas Highway, Suite 410 Marathon, FL 33050 Voice: (305) 289 -2500 FAX: (305) 289 -2536 Board of Conofv .RgW Mayor David Rice, Dist 4 Mayor Pro Kim WigingtonTem Dist. I Heather Caruthers, Dial 3 George Neugent, Dist. 2 Sylvia L Murphy, Dist 5 We strive to be taring, professional and fair RE: Six Inch strip of land runnine between Lot 11 and Lit 1 on Stock sland, Florida IQ be conyM_ to Dr Fred Bumn. This memo explains the conveyance of a six(6) inch strip of land running between Lot 11, Block 31 of Maloney's Subdivision owned by Dr. Fred Burrin and Lot 12, Block 31 of Maloney's Subdivision owned by the County, and located on Stock Island, a complete legal description of this is attached as Exhibit B. 1. The County owns Lot 12, 13, 14, and 15 of Block 31 Maloney' Subdivision of Stock Island, a subdivision of Government Lots 1,2,3,5 & 6, Section 34, all in Township 67 South, Range 25 East on Stock Island according to the plat thereof, as recorded in Plat Book 1 at Page 55 of the Public Records of Monroe County Florida. 2. The County wishes to convey to Dr. Fred Burrin this strip of land as part of an Agreement for the Purchase of Lands. This Agreement also includes the purchase by the County of real property received by Dr. Burin when the county abandoned a portion of MacDonald Avenue. 3. An illustration of both the 6 inch strip of land to be conveyed from the County to Dr. Burrin and the portion of land which the County is acquiring from Dr. Burin as a result of the road abandonment is attached hereto as Exhibit A. 4. The entire 6 inch section being conveyed to Dr. Burrin is a discrete unit of land and is of insufficient size and shape to qualify for a building permit for any type of development other than a fence to be constructed under the set back and other requirements set forth in the Monroe County Land Development Code. .I L To a chwab 1!lAHLBIT "A" LAUREL 6 1200.00' ..&P. 4 24 A J n� i 16 LOT 1 LOT LOT LOT > j '34 J- 12 z ' 13 • v r I'I E 11 8 11:,�: LAUREL 6 1200.00' ..&P. 4 16 LOT LOT LOT LOT > 14 13 12 z 10 LAUREL 4 uj uj ,u :LOT > z 10 v I'I E 11 8 11:,�: PORTION TO BE ACQUIRED b" FROM BURRIN WHICH HE RECEIVED VIA AVENUE _ s ' • ` ` J ROAD ABANDONMENT 60 R/ Av -;�. i /Y 4 "77 EXHIBIT "B" To the Agreement for Purchase of Lands Between Fred R. Burrin and Monroe County The Easterly 0.5 feet of Lot 12 Block 31, "MALONEY'S SUBDIVISION OF STOCK ISLAND ", A subdivision of Government Lots 1,2,3,5, & 6, Section 35, Government Lot 2, Section 36, Government Lot 3, Section 26, and Government Lot 2, Section 34, all in Township 67 South, Range 25 East on Stock Island according to the plat thereof, as recorded in Plat Book 1 of Page 55 of the Public Records of Monroe County, Florida, and being more particularly described as follows: BEGIN at the Southeast corner of said Lot 12, Block 31; thence N 00 °05'34" W along the Easterly line of said Lot 12 for a distance of 125.00 feet to the Northeast corner of said Lot 12; thence S 89 °54'26" W along the North line of said Lot 12 for a distance of 0.50 feet; thence S 00 °05'34" E for a distance of 125.00 feet to the Southerly line of said Lot 12; thence N 89 °54'26" E along the said Southerly line of Lot 12 for .050 feet to the Point of Beginning. Containing 62.50 square feet or 0.0014 acres more or less.