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Item G2BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: January 16, 2014 Bulk Item: Yes x No Division: Growth Management Department: Planning & Environmental Resources Department Staff Contact Person/Phone #: Susan Grimsley & Tiffany Stankiewicz 305 289 -2500 AGENDA ITEM WORDING: Approval of quit claim deed from Monroe County to John S. Mannix for Lot 7, Block 4 Harris Ocean Park Estates, and authorization for the Mayor to execute the deed and the Administrator or designee to file it and execute any other necessary documents. ITEM BACKGROUND: John S. Mannix entered ROGO in 2006 to obtain an allocation award for property in Key Largo, Lots 5 & 6 Block 18, Twin Lakes PB 3, page 160 of the public records. The application included a Lot Aggregation and a proposed land dedication for a Tier 3 property worth 4 points, Lot 3, Block 1, Winston Park PB 4, Page 104 of the public records. He was awarded an allocation based on this information in 2011 and later received a two year extension. Since that time, unbeknownst to county staff, Mr. Mannix filed a deed in the public records to Monroe County dated October 28, 2013, for a different property, without the consent of the County, and worth fewer points. He presented the unapproved deed to the Planning Department on December 5, 2013, to be processed to obtain his building permit. In reviewing the ROGO application in order to issue the permit, it was discovered that the deeded property was not the property proposed for dedication; no title work had been done, and it was not worth the 4 points which was part of the basis of the ROGO allocation. Personal property remains on the lot. The County does not own the property and wants to assure that the ownership status is clear in the public records by filing a quit claim deed. The entire tax bill, including the KLWTD assessment for 2013, was sent to the BOCC; however, staff was instructed not to pay it. The Property Appraiser and Tax Collector have been notified. Copies of the recorded Monroe County deed will be sent to the appropriate staff. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT /AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: INDIRECT COST: BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: REVENUE PRODUCING: Yes x No AMOUNT PER MONTH Year APPROVED BY: County Atty x OMB/Purchasing Risk Management DOCUMENTATION: Included x Not Required DISPOSITION: Revised 7/09 SOURCE OF FUNDS: AGENDA ITEM # Prepared by and Return to Susan Grimsley, Asst.County Atty. Monroe County 211112` St. 4408 Key West, FL 33040 REM 00448140-000000 QUIT CLAIM DEED THIS DEED IS BEING FILED TO DISCLAIM, RENOUNCE, AND CONVEY ANY PURPORTED OR POSSIBLE INTEREST OF MONROE COUNTY IN SPECIFIC REAL PROPERTY AS SHOWN BELOW THIS QUIT -CLAIM DEED is made this day of , 2014, by Monroe County, Florida, a political subdivision of the State of Florida, by and through its Mayor and Board of County Commissioners ("Grantor"), whose address is 1100 Simonton Street, Key West, Florida and John S. Mani%, ( "Grantee ") whose post office address is 292 Gardenia, Tavernier, Florida 33037. WITNESSETH: On October 29, 2013, John S. Mania, as a grantor, filed in Book 2656 at Page 834 of the Public Records of Monroe County, a warranty deed dated October 28, 2013, purportedly conveying the following described property to Monroe County: Lot 7, Block 4, HARRIS OCEAN PARK ESTATES, according to the Plat thereof, as recorded in Plat Book 4 at Page 126 of the Public Records of Monroe County, Florida Monroe County as grantee of the above deed dated October 28, 2013, did not accept the deed which was filed without knowledge of Monroe County as grantee, did not accept title or any interest in the above described property, and now disclaims any interest of any kind whatsoever in the real property described above from October 27, 2013, until the present, including the period of time from October 28, 2013, through the present date. By this Quit Claim Deed, Grantor Monroe County, does hereby remise, release, renounce and quit- claim unto the said Grantee John Mani$, all the right, title, interest, claim and demand which the Grantor has in and to the above described real property and does not warrant any interest or title. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman/Mayor of said board, the day and year aforesaid. SEAL ATTEST: AMY HEAVILIN, CLERK 1 ONROE COUNTY, FLORIDA Deputy Clerk 6 1 4W 1113 • Mayor Sylvia Murphy „nOU' +OF COUiJTY A7TORN Y A pPRD AS rO FORM: StU AN M. GRIMSL Y ^.SSISTANT COUNTY ATTORNEY Deell 19'3.'!743 10/20/2��0��13 11:31M Na & in o f IIEAV LINord of Prepared by and Return to: tte/ZY/202 12 :31M Jahn Maaoix DEED DDC STW7P CL: RE $ 292 Gardenia Street Tavernier. Florida 33070 Property Appraisers Parcel I.D. Number. u 1M743 00448140-000000 BM 295 Pell 634 WARRANTY DEED THIS INDENTURE made this�day of October, 2013, by John S. Mannix, a single man, whose post office address is: 292 Gardenia, Tavernier, Florida 33037 and MONROE COUNTY, a political subdivision of the State of Florida, whose address is c/o Board of County Commissioners, 1100 Simonton Street, Key West, Florida 33040, of the County of Monroe State of Florida, hereinafter called the grantee, WITNESSETH: That said grantor, for and in consideration of 2 points for land dedication in the Monroe County dwelling unit allocation system for building permit application 05306212 and other good and valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, releases, conveys and confirms unto the Grantee and Grantee's heirs and assigns forever the following described land situate. lying and being in Monroe County, Florida, to wit: Lot 7, Block 4, HARRIS OCEAN PARK ESTATES, according to the Plat thereof, as recorded in Plat Book 4 at Page 126 of the Public Records of Monroe County, Florida. TOGETHER with all the tenement& hereditements and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold. the same In fee simple fotevcr. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple: that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever, and that said land is free of all encumbrances, except taxes accruing subsequent to date of transfer. reservations. restrictions and easements of record, if any. (The terms "grantor "and "Vanier" herrm shall he construed to include all genders and singular or plural as the contest indicates) In Witness Whereof. Grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our prarnce: Witness SignatureK", � • _�� — Printed Name: N John Mannix Witness Signature Printed Name: Ctc U — n-e QIP �, t STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me this d day of October, 2013, by John S. Manniu, who has produced driver's licenses as identification. My Commission Expires: CHRISTINE SdU1Eli 4Printed u tic • ' MISSION ti U098T"s Nam ✓ q r . NIY COM 2014 EXPIRES APO �. _ �w� (Iai yaaa153 Honda a0n OFF NOW NIONROf ;OUNTY PLANNING DEPART ENT r G APPLICATION FOR RESIDENTIAL PERMIT ALLOCATION Marathon: (305) 289 -2500 Plantation Key: (305) 852 -7100 v ` application Fee: $430 .00 (NO APPLICATION FEE FOR AFFORDABLE HOUSING) - ^ O ���� PLEASE PRINT AND ATTACH A COPY OF A PROPERTY RECORD CARD. I/ QUESTIONS OR WISH TO MAKE AN APPOINTMENT TO DELIVER YOUR APPLICATE CALL THE GROWTH MANAGEMENT OFFICE CLOSEST TO YOUR PROJECT. ONCLICATION IS tr ACCEPTED AND DEEMED COMPLETE, REVISIONS WILL ONLY BE IF A NEW APPLICATION IS SUBMITTED. Owner(s) Name: Mailing Address: 1 Sl City: 1C v cr'� --r StateF�_Zip: S 3`= Agent's Name: A) -E— Ph. (W) ' Mailing Address: City: State: _Zip: PROPERTY DESCRIPTION: Lot Block Jsf Subdivision 70 Key: -, r fi.' r "i Street: 8; If metes and bounds, attach legal description on separate sheet. NUMBER OF UNITS: Mobile Home:_ House; RV: , Live- aboard: _Others; _ Check Yes or No. If yes, then attach the requested documents: Ye No _ The project is combining contiguous lots in a legally platted subdivision with water, electricity, and paved roads or Is otherwise below density, Please attach a copy of a proposed restrictive covenant limiting the number of units on the property and running in favor of and enforceable by the County. Yes _ No ! The unit(s) will be affordable housing, Attachment required is a current affordable housing approval from the Planning Department. Yes No _ The proposal includes dedication of vacant, buildable land located in areas proposed for acquisition. Attachments required with this application are: 1) letter from the Biologist stating the property is dedicateable, 2) proof of ownership, 3) copy of title insurance, 4) proposed WARRANTY DEED(S) (Quit Claim Deeds will not be accepted), and 5) land dedications must be In the same ownership as the owner listed above unless the applicant has an approved land dedication certificate. Please list the RE.'(s) of the land to be dedicated: Yes _ No! Transfer of ROGO Exemptions (TRE's) are being utilized in the development of attached dwelling units. Attachment required. The applicant must submit a copy or a certified copy of the recorded Development Order approving the TRE's for this project THE s Is/are to be used for this application. 1 certify that 1) 1 have read and examined this application including attachments and know same to be true and correct; 2) All provisions of laws and ordinances governing this type of work are complied with whether specified herein or not, including the provision of Local, State, or Federal requirements regulating construction or the performance of construction; and 3) Time periods for County actio ,het forth in, Section 9.5 -113 of the County Code are hereby waived. � f c I � "���• _ l� L.�GC� kF Signature of Notary Si nature of Ap licant Date Sworn to nct,;;cbscri day of 20 ,' is perso as:idenfibcadon and who did (did not) take an oath. * �Z EXPIRES7AgLAl26,2X6 a {� � ., :.xea Irnu FuurP,uc ubennmm � TO BE COW?J� t�A f�1 '�' TIME: _ `" PERMIT# t Parwi ID Number: 00545380.0000[' Alternate Key #: 1668885 Grantee # l TIN. Warrantv Deed This Warranty Deed, Made this day of January, 2006, A.D., BET'W'EEN JOHN MANNLX, a single man Of the County of Monroe , State o Florida , grantor, and THE COUNTY OF MONROE, a political subdivision of the State of Florida, grantee whose address is: 500 Whitehead Street, Key West, FL 33041) Witnesseth that the GRANTORS, for and in consideration of the sum of ---- — --------- -------------- ----------------------------- ----- -TEN and NO/ 100 ($ 10. 00)------ ------------------ ----- ------ .. -------- DOLLARS, and other good and valuable consideration to GRANTORS in hand paid b GRANTEES. the receipt whereof is hereby acknowledged, has granted, bargained and quitclaimed to the said GRANTEES and GRANTEES heirs and assigns forever, the following described land, situate, lying and being in the County of MONROE, State of FLORIDA, to wit: Lot 3, Block 1, WINSTON PARK, according to the Plat thereof, as recorded in Plat Book 4 at Page 104 of the Public Records of Monroe County, Florida. The preparer of this instrument was neither furnished with, nor requested to review, an. abstract on the described property and therefore expresses no opinion as to the condition of title. To Have and to Hold the same together with all and singular appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of grantor, either in law or equity, for the use, benefit and profit of the said grantee forever. In Witness whereof, the grantor has hereunto set his hand and seal the day and year first above written. Signed, sealed and delivered in our presence: John Many 292 Gardenia Street Tavernier, FL 33070 'ranted Name Witness STATE OF Florid< , . COUNTY OF Monroe �` �N NNN NNNNNN� N 00 } Y R m 4 ' ■m �T cacao 00a DO9`AO? sue'. O� OO�1490 �40001r� ♦Oq S p N $iNm o0000000ee.00 H � r Q r 0 N N gRS{�I�SI51'R���iSt r P dJ "� c� a Y O_ F eo .swan Me+NnM�ei N z 22 g q OO A ; � Fi Z rrN� w10 r r W ^f. CL W ww-rvooagoi0�. Z � W o H J m O � W Q C � W n ddd 6 a ~HI Zia as b� - NNamowomo -.?NNE ,- ra C7 n This Document Prepared By and Return to: - Joe Miklas, Esq. Joe Miklas, P.A. P.O. Box 366 Islamorada, FL 33036 f;9 U Para[ ID Number: 00545380 - 000000 (1668885) Warranty Deed This Indenture, Made thisAlay of November, 2011 A.D., Between John Mannix, a single man of the County of Monroe, State of Florida, grantor, and Monroe County, a political subdivision of the State of Florida whose address is: C/o Board of County Commissioners, 1100 Simonton Street, Key West, FL 33040 of the County of Monroe, State of Florida, grantee. Witnesseth that the GRANTOR, for and in consideration of 4 points for land dedication in the Monroe County dwelling unit allocation System for building permit application # 05306212 and other good and valuable consideration to GRANTOR in band paid by GRANTEE, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said GRANTEE and GRANTEE'S heirs, successors and assigns forever, the following described land, situate, lying and being in the County of Monroe State of Florida to wit Lot 3, Block 1, WINSTON PARK, according to the Plat thereof, as recorded in Plat Book 4, at Page 104, of the Public Records of Monroe County, Florida The preparer of this instrument was neither furnished with, nor requested to review, an abstract on the described property and therefore expresses no opinion as to the condition of title. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in any wise appertaining. TO HAVE AND TO HOLD, THE SAME IN FEE SIMPLE FOREVER. AND, the Grantor hereby warrants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said land and will defend the some against lawful claims of all persons whomsoever, and that add land is fine of all encuwances, except taxes accruing subsequent to date of transfer. In Witness Whereof, the grantor has hereunto set his hand and seal the day and year first above writ ten. Signed, sealed and delivered in our presence: (Seal) John Mannix P.O. Address: 292 Gardenia Street, Tavernkr, FL 33070 STATE OF Florida COUNTY OF Monroe The foregoing instrument was acknowledged before me this VceY of November, 2011 by Sohn It personally kn me or he has produced his Florida drh/ 'S licensees identification. P nted Name: Notary Public ° WOOIS[�Ilaok[�9�CtE�9 My Commission Expires 0tlairyPWtrUSasa�altesa MANNER AFFIDAVIT OF NO ENCUMBRANCES 1. WHEREAS, John Mannix, a single man, the undersigned is the sole owner of the following described real property located in Monroe County, Florida: Lot 3, Block 1, WINSTON PARK, according to the Plat thereof, as recorded in Plat Book 4, at Page 104, of the Public Records of Monroe County, Florida 2. WHEREAS, this statement is current as of this date, and 3. Now, therefore, the undersigned states that the above described property is free of all liens, loans, mortgages, and any other encumbrances at this time. Witness Print nameoK�Qk-- STATE OF FLORIDA COUNTY OF MONROE The fore oing instrument was acknowledged before me this day of 2011, by J N M NNIX, who is personally known to me or who produced \ as identification. Notary Publ' Print name: PA MABE 7 CWL EXPRE - Si Septs1 r 1 I N 8ond6d �ro "NY PuDMo wwom m