Item F2eLAND AUTHORITY GOVERNING BOARD
AGENDA ITEM SUMMARY
Meeting Date: January 16, 2013 Division: Land Authority
Bulk Item: Yes No X Contact / Phone #: Mark Rosch / 295-5180
Agenda Item Wording: Approval of contracts to purchase property for conservation - Block 5, Lot 10,
Ramrod Shores Marina Section, Ramrod Key.
Item Background: This acquisition is proposed to protect property rights and the natural environment
pursuant to County Commission Resolution 250-2012 (ROGO Administrative Relief).
The subject property consists of a 7,200 square foot lot on Shannahan Road on the bayside of Ramrod
Key near mile marker 27. The property has a tier designation of Tier 1 - Natural Area, a zoning
designation of Improved Subdivision, and vegetation consisting of tropical hardwood hammock. The
Southeast Florida Regional Climate Change Compact 50-year sea level rise projection is 9 to 24 inches
by the year 2060. In the event of a 36-inch increase in sea level, estimates provided by the South
Florida Water Management District indicate this property will have a 25.1 % to 100% probability of being
inundated.
The subject property is in ROGO. The property owners have applied for Administrative Relief and the
County Commission has requested the Land Authority to offer to purchase the property. The appraisal
obtained by the Land Authority estimates the property's value to be $30,000. On November 14, 2012
the property's score was sufficient to receive a ROGO allocation through the normal ranking process.
The owners are no longer interested in building and have agreed to sell the property for the price of
$30, 000.
Advisory Committee Action: On December 19, 2012 the Committee voted 5/0 to approve purchasing
this property for the price of $30,000.
Previous Governing Board Action: Sitting as the County Commission, the Board adopted Resolution
250-2012 on September 21, 2012 requesting the Land Authority to offer to purchase the property as
administrative relief.
Contract/Agreement Changes: N/A
Staff Recommendation: Approval
Total Cost: $ 32,616.00 Indirect Cost: $ Budgeted: Yes X No
Cost to Land Authority: $ 32,616.00 Source of Funds: Land Authority
(Tourist Impact Tax and State Park Surcharge)
Approved By: Attorney X County Land Steward X .
Documentation: Included: X To Follow: Not Required:
Disposition: Agenda Item
Purchase
Property Price
Ramrod Shores Marina $30,000.00
Section
Block 5, Lot 10
Seller: Norman Haney and Maria Haney
PURCHASE CONTRACT
01 /16/13
Appraisal Title
and Survey Insurance
$1, 800.00 $297.50
Attorney Recording
Fee Fee
$500.00 $18.50
Total
Costs
$32,616.00
Aerial Photograph of Subject Property
Block 5, Lot 10, Ramrod Shores Marina Section
Ram rod Key
t w
RESOLUTION No. 250 -2012
A RESOLUTION BY THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS APPROVING THE
REQUEST FOR ADMINISTRATIVE RELIEF MADE BY
NORMAN & MARIA HANEY ON PROPERTY
DESCRIBED AS LOT 10, BLOCK 5, RAMROD SHORES
MARINA SEC., RAMROD, RE # 00210811.005600 IN
THE FORM OF A PURCHASE OFFER FROM THE
MONROE COUNTY LAND AUTHORITY.
WHEREAS, Norman & Maria Haney submitted an application for administrative
relief under Sec. 138-27 of the Monroe County Land Development Regulations; and
WHEREAS, the matter was considered at a public hearing before the Monroe
County Board of County Commissioners (BOCC); and
WHEREAS, the BOCC considered the staff report from Development
Administrator Tiffany Stankiewicz and Senior Administrator of Environmental
Resources Michael Roberts; and
WHEREAS, the public had an opportunity to speak; and
WHEREAS, the Monroe County Board of County Commissioners makes the
following findings of fact and conclusions of law:
1. The application for administrative relief from Norman & Maria Haney is
for Lot 10, Block 5, Ramrod Shores Marina Sec., Ramrod in Monroe
County, Florida having RE# 00210811.005600.
2. The date of the ROGO application is 12/23/2005.
3. The ROGO allocation application has been in the ROGO system for at
least four (4) consecutive years and qualifies for administrative relief
under Policy 101.6.1 of the Monroe County Year 2010 Comprehensive
Plan.
4. Monroe County Code (MCC) Section 138-27 provides a mechanism
whereby an applicant who has not received an allocation award in
ROGO may apply to the Board of County Commissioners for
administrative relief.
5. The Board of County Commissioners (BOCC) has the authority to grant
administrative relief under Section 138-27(f) and may grant the
applicant a building allocation, offer to purchase the property at fair
market value, or provide such other relief as may be necessary and
appropriate.
ADMINISTRATIVE RELIEF RESOLUTION
RE# 002- 108 11000-5)600
41057"
Page 1 of 2
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do
6. The applicant applied for administrative relief on 1 / 15 /2010, under
Section 138-27 of the MCC and Policy 101.6.1 of the 2010
Comprehensive Plan.
7. Policy 101.6.5 of the 2010 Comprehensive Plan provides criteria to be
used for determining lands that are appropriate for acquisition and the
criteria includes the environmental sensitivity of the vegetative' habitat
on the lot and the applicable Tier designation.
8. The subject property has the land use district designation of Improved
Subdivision (IS), is located in the Ramrod Shores Marina Sec. and is
located in a Tier 1 designated area.
9. Monroe County Code (MCC) Section 138-27(f) states the Board may
offer to purchase property at its fair market value as the preferred action
for property located within Tier 1.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Administrative relief is granted to Norman & Maria Haney, for Lot 10, Block 5, Ramrod
Shores Marina Sec., Ramrod in the form of a purchase offer by the Monroe County Land
Authority.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting held on the 21 st day of September, 2012.
Mayor David Rice Yes---
A
Mayor Pro Tem, Kim Wigington Yes
4_
Commissioner Heather Carruthers Yes
Yes
Commissioner George Neugent =_ -
---
Commissioner Sylvia J. Murphy Yes ---
_ rw
M
CD
BOARD OF COUNTY COMMISS IOI'4ER
OF MONROE COUNTY, FLORIDA
BY
Mayor David Rice
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
ADMINISTRATIVE RELIEF RESOLUTION
RE# 00210S 11,0 3551000
04105
MDNROE COUNTY ATTORNEY
ROVFQ AS FORM
Date: � ��11 '
Page 2 of 2
AGREEMENT FOR THE PURCHASE OF LANDS
THIS AGREEMENT is made and entered into this day of
and between
Norman Haney and Maria Haney
2012, is by
hereinafter style the Seller(s), for themselves, their heirs, executors, administrators, successors and
assigns, and the MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY (hereinafter,
"Land Authority") acting by and through the Executive Director of the LAND AUTHORITY.
WITNESSETH:
1. In consideration of Ten Dollars ($10.00) in hand, paid by the LAND AUTHORITY, the receipt of
which is hereby acknowledged, the Seller(s) agree to sell to the LAND AUTHORITY certain lands
upon the terms and conditions hereinafter set forth, and for the price of $30,000.00 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, more particularly described as follows; to -wit:
Block 5, Lot 10, Ramrod Shores Marina Section (PB 6-22)
RE# 00210811-005600
2. The Seller(s) agree that they have full right, power and authority to convey, and that they will
convey to the LAND AUTHORITY 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.
The LAND AUTHORITY, at the LAND AUTHORITY'S expense, within the time allowed to deliver
evidence of title and to examine same, may have the real property surveyed and certified by a
registered Florida surveyor. If the survey discloses encroachments on the real property or that
improvements located thereon encroach on setback lines, easements, lands of others, or violate
any restrictions, contract covenants, or applicable governmental regulations, the same shall
constitute a title defect.
Seller(s) shall convey a marketable title subject only to the aforementioned liens, encumbrances,
exceptions or qualification set forth herein. Marketable title shall be determined according to
applicable title standards adopted by authority of the Florida Bar and in accordance with law. The
LAND AUTHORITY shall have sixty (60) days from the effective date of this Agreement in which to
examine title. If title is found defective, the LAND AUTHORITY shall, within this specified time
period, notify Seller(s) in writing specifying defect(s). If the defect(s) render title unmarketable the
Seller(s) will have one hundred twenty (120) days from receipt of notice within which to remove
the defect(s), failing which the LAND AUTHORITY shall have the option of either accepting the
title as it then is or rescinding the Agreement herein; thereupon the LAND AUTHORITY and the
Seller(s) shall release one another of all further obligations under this Agreement. The Seller(s)
will, if title is found unmarketable, use diligent effort to correct defect(s) in title within the time
provided therefore, including the bringing of necessary suits.
3. 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. It is further agreed that any loss or damage
occurring prior to the vesting of satisfactory title in the LAND AUTHORITY by reasons of the
unauthorized cutting or removal of products therefrom, or because of fire, shall be borne by the
Seller(s); and that, in the event any such loss or damage occurs, the LAND AUTHORITY 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.
4. The Seller(s) further agree that during the period covered by this instrument officers and
accredited agents of the LAND AUTHORITY 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. The Seller(s) hereby waive their rights to any and all
claims against the LAND AUTHORITY or Monroe County associated with, or arising from
ownership of, said lands and this waiver shall survive closing.
5. The Seller(s) will execute and deliver upon demand of the proper officials and agents of the LAND
AUTHORITY a good and sufficient deed of warranty conveying to the LAND AUTHORITY a safe
title to the said lands of such character as to be satisfactory to the legal counsel of the LAND
AUTHORITY 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 LAND AUTHORITY governing the use,
occupation, protection and administration of lands.
6. In consideration whereof the LAND AUTHORITY agrees that it will purchase all of said lands and
other interests at the price of $30,000.00. The LAND AUTHORITY further agrees that, after the
preparation, execution, delivery and recordation of the deed, and after the legal counsel of the
LAND AUTHORITY shall have approved the title thus vested in the LAND AUTHORITY, it will
cause to be paid to the Seller(s) the purchase price by a check drawn on the account of the LAND
AUTHORITY. The LAND AUTHORITY 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, and title insurance, as well as the prorata share of prepaid real
property taxes allocable to the period subsequent to the vesting of title in the LAND AUTHORITY,
or the effective date of possession of such real property by the same, whichever is earlier. The
Seller(s) shall pay the expenses of documentary stamps to be affixed to the deed and the removal
of trash, debris, and structures from the property, if any, and real estate commissions, if any. Full
possession of the premises shall pass to the LAND AUTHORITY as of the date payment is made
to the Seller(s) subject only to the reservations stated in Section 2 above.
7. 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 LAND AUTHORITY will be
obtained by the LAND AUTHORITY at its expense. The Seller(s) expressly agree herein to
furnish to the LAND AUTHORITY any documents in Seller(s)'s possession establishing evidence
of title including, but not limited to, abstracts, title commitments, title policies and opinions of title.
8. It is mutually understood and agreed that the LAND AUTHORITY may assign this Agreement.
9. It shall be the obligation of the Seller(s) to pay all taxes and assessments outstanding as liens at
the date title vests of record in the LAND AUTHORITY, whether or not such taxes and
assessments are then due and payable.
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10. 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:
1300 15th Court Lot 36
Key West, F L 33040-4105
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.
11. The property shall be delivered at closing free of any tenant or occupancy whatsoever.
12. The effective date of this Agreement shall be that date when the last one of the Seller(s) and the
LAND AUTHORITY has signed this Agreement.
13. If the Seller(s) wish to proceed with this transaction, the Seller(s) have until November 30, 2012
to sign and return this Agreement to the LAND AUTHORITY. This Agreement may be executed in
counterparts. Notwithstanding any provision of this Agreement to the contrary, the closing of this
transaction is contingent upon approval by the Advisory Committee and Governing Board of the
LAND AUTHORITY, failing which the LAND AUTHORITY and the Seller(s) shall release one
another of all further obligations under this Agreement.
IN WITNESS WHEREOF, the Seller(s) have hereunto signed their names and affixed their respective
seals on the day first above written and therefore the Seller(s) for and in consideration of the Ten
Dollars ($10.00) hereinabove acknowledge as received, have and do hereby grant unto the LAND
AUTHORITY or its authorized representative, or any other office or agent of the LAND AUTHORITY
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(s), and to purchase said lands as herein
provided.
Seller/ Norman Haney
Signature
Seller/ Maria Haney
Signature
Date
Phone Number
Date Phone Number
The MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY, acting by and through its
EXECUTIVE DIRECTOR in accordance with Resolution 09-2004, has executed this Agreement on
behalf of the MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY this day of
, 2012.
(Seal)
MONROE COUNTY COMPREHENSIVE
PLAN LAND AUTHORITY
Mark J. Rosch, Executive Director
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