Item Q1M
C ounty of f Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor George Neugent, District 2
The Florida. Ke Se
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Mayor Pro Tern David Rice, District 4
Danny L. Kolhage, District I
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
May 17, 2017
Agenda Item Number: Q.1
Agenda Item Summary #2998
BULK ITEM: No DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger (305) 292 -3470
N/A
AGENDA ITEM WORDING: Approval of a contract for purchase of a lot located at Block 11,
Lot 10 and a lot located at Block 12, Lot 1, Tropical Bay Third Addition (PB 5 -81) with parcel
numbers 00314220 - 000000 and 00314250- 000000 for density reduction purposes.
ITEM BACKGROUND: The acquisition is proposed to protect property rights, to reduce density,
and to reduce the County's potential liability for takings suits. This property is one of those proposed
to be purchased under the County's density reduction initiative. At the request of County staff, the
Monroe County Land Authority (MCLA) negotiated the proposed agreement on the Board's behalf
pursuant to an interlocal agreement between MCLA and the County.
The subject property consists of two lots: 1) a 7,500 square foot lot on Hawk Lane and 2) an 11,096
square foot lot at the corner of Egret Lane and Sunrise Drive on Big Pine Key. The properties are
designated Tier 2 — Transition and Sprawl Area, are zoned Improved Subdivision — Masonry, and
are in a mowed condition. The property owner has agreed to sell the property for the price of
$87,000.00. The estimated closing costs for this transaction will be approximately $1,403.00.
Staff has yet to determine how best to maintain these unimproved lots. Options include staff mowing
them, hiring a contractor to mow the lots, or paying the property owners association's annual fee of
$125.00 per lot that is used to mow unimproved lots and fund other association purposes.
PREVIOUS RELEVANT BOCC ACTION: The Board budgeted funds for purchases which are
intended to reduce density and to reduce the County's potential exposure to property rights' related
lawsuits through voluntary purchases. The Board has approved the purchase of other properties in
this subdivision.
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Johnson Contract
Johnson RECards
FINANCIAL IMPACT:
Effective Date: May 17, 2017
Expiration Date: None
Total Dollar Value of Contract: $87,000.00 plus estimated closing costs of $1,403.00
Total Cost to County: $88,403.00
Current Year Portion: $88,403.00
Budgeted: Yes
Source of Funds: 304 Funds infrastructure sales surtax
CPI: N/A
Indirect Costs: To be determined — mowing and maintenance
Estimated Ongoing Costs Not Included in above dollar amounts: NMT $250.00 per year
Revenue Producing: No If yes, amount:
Grant: No
County Match: N/A
Insurance Required: Yes, will be covered by County's liability policy
Additional Details: $87,000.00 plus closing costs estimated to be approximately $1,403.00
None
05/17/17 NEW COST CENTER ADDED $88,403.00
REVIEWED BY:
Charles Pattison
Completed
05/04/2017 1:59 PM
Bob Shillinger
Completed
05/04/2017 3:23 PM
Budget and Finance
Completed
05/05/2017 10:57 AM
Maria Slavik
Completed
05/05/2017 11:09 AM
Bob Shillinger
Skipped
05/04/2017 2:16 PM
Kathy Peters
Completed
05/05/2017 11:16 AM
Board of County Commissioners
Pending
05/17/2017 9:00 AM
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AGREEMENT FOR THE PURCHASE OF LANDS
THIS AGREEMENT is made and entered into this day of
and between
MAY
2017, by
Richard J. Johnson and
Joann C. Johnson, also known as Joann Johnson
hereinafter style the Seller(s), for themselves, their heirs, executors, administrators, successors and
assigns, and MONROE COUNTY, FLORIDA (hereinafter, "COUNTY ").
WITNESSETH:
In consideration of Ten Dollars ($10.00) in hand, paid by the COUNTY, the receipt of which is
hereby acknowledged, the Seller(s) agree to sell to the COUNTY certain lands upon the terms and
conditions hereinafter set forth, and for the price of $87,000.00 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 11, Lot 10 and Block 12, Lot 1, Tropical Bay 3rd Addition (PB 5 -81)
RE# 00314220 - 000000 and 00314250 - 000000
2. 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.
The COUNTY, at the COUNTY'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
COUNTY shall have sixty (60) days from the effective date of this Agreement in which to examine
title. If title is found defective, the COUNTY 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). The
Seller(s) will use diligent effort to correct defect(s) in title within the time provided therefore,
including the bringing of necessary suits, failing which the COUNTY shall have the option of either
accepting the title as it then is or rescinding the Agreement herein.
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 while this Agreement is pending. It is further agreed
that any loss or damage occurring prior to the vesting of satisfactory title in the COUNTY by
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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 COUNTY may,
without liability, refuse to accept conveyance of said lands.
4. The Seller(s) further agree that during the period covered by this instrument officers and
accredited agents of the COUNTY shall have at all reasonable 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 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
COUNTY a good and sufficient deed of warranty conveying to the COUNTY a marketable 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.
6. In consideration whereof the COUNTY agrees that it will purchase all of said lands and other
interests at the price of $87,000.00. The COUNTY further agrees that, after the preparation,
execution, and delivery 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(s) the purchase
price. 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, 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 COUNTY, 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 COUNTY 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 COUNTY will be obtained by
the COUNTY at its expense. The Seller(s) expressly agree herein to furnish to the COUNTY 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 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 COUNTY, whether or not such taxes and assessments are then
due and payable.
9. 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:
6477 Marbletree Lane with a copy to:
Lake Worth, FL 33467 -7235
Amy Prumo
Coldwell Banker Schmitt Real Estate
amyprumo @cbschmitt.com
2
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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.
10. The property shall be delivered at closing free of any tenant or occupancy whatsoever.
11. The effective date of this Agreement shall be that date when the last one of the Seller(s) and the
COUNTY has signed this Agreement.
12. If the Seller(s) wish to proceed with this transaction, the Seller(s) have until May 5, 2017 to sign
and return this Agreement to the COUNTY. 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 Monroe County Board of County Commissioners, failing which
the COUNTY 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 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(s), and to purchase said lands as herein provided.
Seller/ Richard J. Johnson
dodoop verified
A/04/1710:09AM EDT
OROA- E676- 98HJ -WXR7
Signature Date Phone Number
Seller/ Joann C. Johnson, also known as Joann Johnson
---------- - - - - -- Deceased
Signature Date Phone Number
Buyer/ COUNTY: MONROE COUNTY, FLORIDA
KEVIN MADOK, CPA, Clerk
By:
Deputy Clerk George Neugent, Mayor
(Seal)
Date:
3
gPublic.net - Monroe County, FL
Aft
gPublic.net Monroe County, FL
Summary
Parcel ID
00314220 - 000000
Account#
1387746
Property ID
1387746
MillageGroup
100H
Location
VACANT LAN HAWK LN, BIG PINE KEY
Address
$0
Legal
BK 11 LT 10 TROPICAL BAY 3RD ADDN BIG PINE KEY PB5 -81 LOT 10
Description
BLK 11 OR402-477 OR606-240 OR935-1906 OR970-876
$0
(Note: Not to be used on legal documents)
Neighborhood
585
Property Class
VACANT RES (0000)
Subdivision
$14,375
Sec/Twp /Rng
14/66/29
Affordable
No
Housing
$14,375
Owner
JOHNSON RICHARD J AND JOANN
6477 MARBLETREE LN
LAKE WORTH FL 33467 -7235
Valuation
Page 1 of 2
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Sales
Sale Date
2016
2015
2014
2013
2012
• Market Improvement Value
$0
$0
$0
$0
$0
• Market Misc Value
$0
$0
$0
$0
$0
• Market Land Value
$43,505
$32,156
$24,590
$22,698
$14,375
- Just Market Value
$43,505
$32,156
$24,590
$22,698
$14,375
- Total Assessed Value
$20,711
$18,829
$17,118
$15,562
$14,148
- School Exempt Value
$0
$0
$0
$0
$0
- School Taxable Value
$43,505
$32,156
$24,590
$22,698
$14,375
Land
Land Use
Number of Units
Unit Type
Frontage
Depth
RESIDENTIAL CANAL (M 10C)
7,500.00
Square Foot
75
100
Sales
Sale Date
Sale Price
Instrument
Instrument Number Deed Book
Deed Page
Sale Qualification
Vacant or Improved
4/1/1986
$24,000
Warranty Deed
970
876
Q - Qualified
Vacant
3/1/1985
$18,000
Warranty Deed
935
1906
Q - Qualified
Vacant
2/1/1975
$3,300
Conversion Code
606
240
Q - Qualified
Vacant
Photos
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gPublic.net - Monroe County, FL
Page 2 of 2
No data available for the following modules: Buildings, Commercial Buildings, Mobile Home Buildings, Yard Items, Exemptions, Permits, Sketches (click to enlarge).
The Monroe County Property Appraiser's office maintains data on property within the County solely for the purpose of fulfilling its
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responsibility to secure a just vaIuation for ad valorem tax purposes of all property within the County. The Monroe County
Schneider
Property Appraiser's office cannot guarantee its accuracy for any other purpose. Likewise, data provided regarding one tax year
may not be applicable in prior or subsequent years. By requesting such data, you hereby understand and agree that the
Developed by
The Schneider
Last Data Upload: 5/4/20171:36:35 AM
Corporation
https:Hgpublic. schneidercorp. com /Application. aspx ?AppID= 605 &LayerfD= 9946 &PageTyp... 5/4/2017
gPublic.net - Monroe County, FL
Aft
gPublic.net Monroe County, FL
Summary
Parcel ID
00314250- 000000
Account#
1387771
Property ID
1387771
MillageGroup
100H
Location
VACANT LAN EGRET LN, BIG PINE KEY
Address
$0
Legal
BK 12 LT 1 TROPICAL BAY 3RDADDN BIG PINE KEY PB5 -81 OR490-
Description
1099- 11000R755- 1215OR761- 1514OR1093- 2218OR1128 -1454
$0
(Note: Not to be used on legal documents)
Neighborhood
585
Property Class
VACANT RES (0000)
Subdivision
$31,651
Sec/Twp /Rng
14/66/29
Affordable
No
Housing
$33,912
Owner
JOHNSON RICHARD J AND JOANN C
6477 MARBLETREE LN
LAKE WORTH FL 33467 -7235
Valuation
Page 1 of 2
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2016
2015
2014
2013
2012
• Market Improvement Value
$0
$0
$0
$0
$0
• Market Misc Value
$0
$0
$0
$0
$0
• Market Land Value
$33,912
$31,651
$27,130
$27,130
$17,182
- Just Market Value
$33,912
$31,651
$27,130
$27,130
$17,182
- Total Assessed Value
$24,758
$22,508
$20,462
$18,602
$16,911
- School Exempt Value
$0
$0
$0
$0
$0
- School Taxable Value
$33,912
$31,651
$27,130
$27,130
$17,182
Land
Land Use
Number of Units
Unit Type
Frontage
Depth
ENDCANAL(M1EC)
11,096.00
Square Foot
0
0
Sales
Sale Date Sale Price Instrument
Instrument Number
Deed Book Deed Page Sale Qualification Vacant or Improved
4/1/1990 $48,000 Warranty Deed
1128
1454
Q - Qualified
Vacant
5/1/1978 $6,500 Conversion Code
761
1514
Q- Qualified
Vacant
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https:Hgpublic. schneidercorp. com /Application. aspx ?AppID= 605 &LayerfD= 9946 &PageTyp... 5/4/2017
gPublic.net - Monroe County, FL
Page 2 of 2
No data available for the following modules: Buildings, Commercial Buildings, Mobile Home Buildings, Yard Items, Exemptions, Permits, Sketches (click to enlarge)
The Monroe County Property Appraiser's office maintains data on property within the County solely for the purpose of fulfilling its
�v
responsibility to secure a just vaIuation for ad valorem tax purposes of all property within the County. The Monroe County
Schneider
Property Appraiser's office cannot guarantee its accuracy for any other purpose. Likewise, data provided regarding one tax year
may not be applicable in prior or subsequent years. By requesting such data, you hereby understand and agree that the
Developed by
The Schneider
Last Data Upload: 5/4/20171:36:35 AM
Corporation
https:Hgpublic. schneidercorp. com /Application. aspx ?AppID= 605 &LayerfD= 9946 &PageTyp... 5/4/2017