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Item T07M C ounty of f Monroe ELj » °o � BOARD OF COUNTY COMMISSIONERS /� r i � �� Mayor George Neugent, District 2 The Florida. Ke S y ��� � � I ;�� Mayor Pro Tern David Rice, District 4 ; - = = :' j y Danny L. Kolhage, District I Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting November 14, 2017 Agenda Item Number: T.7 Agenda Item Summary #3529 BULK ITEM: Yes 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 described as Block 4, Lot 7, Plantation Island (PB 5 -82) with parcel number 00383270 - 000000 for density reduction purposes. ITEM BACKGROUND: This 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 a 7,687 square foot lot on Seaview Circle on Duck Key. The property is designated Tier 3 — Infill Area, is zoned Improved Subdivision — Masonry, and is in a primarily mowed condition. The property owners have agreed to sell the property for the price of $78,000.00. The estimated closing costs for this transaction will be approximately $1,334.00. Staff has yet to determine how to best maintain the property. Options include staff mowing it or hiring a contractor to mow it. 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. CONTRACT /AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: LyonContract LyonRECard FINANCIAL IMPACT: Effective Date: November 14, 2017 Expiration Date: None Total Dollar Value of Contract: $78,000.00 plus estimated closing costs of $1,334.00 Total Cost to County: $79,334.00 Current Year Portion: $79,334.00 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: N/A 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: $78,000.00 plus closing costs estimated to be approximately $1,334.00 None 11/14/17 NEW COST CENTER ADDED $79,334.00 REVIEWED BY: Charles Pattison Completed 10/30/2017 8:38 AM Bob Shillinger Completed 10/30/2017 11:36 AM Budget and Finance Completed 10/30/2017 2:42 PM Maria Slavik Completed 10/30/2017 2:46 PM Kathy Peters Completed 10/30/2017 2:51 PM Board of County Commissioners Pending 11/14/2017 9:00 AM AGREEMENT FOR THE PURCHASE OF LANDS THIS AGREEMENT is made and entered into this _� /s7 day of Oerojjorg 2017, by and between David Lyon and Jean Lyon, also known as Elizabeth J. Lyon hereinafter style the Seller(s), for themselves, their heirs, executors, administrators, successors and assigns, and MONROE COUNTY, FLORIDA (hereinafter, "COUNTY "). WITNESSETH: In rrnRidpratinn of TPn nnunrs (, nn) in hPnrl n nirl hti #hc r ni IniTV the rcncint of Whinh 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 $78,000.00 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 4, Lot 7, Plantation Island (PB 5-82) RE# 00383270 - 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 E 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 specifvina defec=t(s). If the defect(s) render title unmarketable the Sellers) 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, inrlluiinn the hrinninn of neressary suits failinn which the ('01 INTY shall have the nntion 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, anv 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 reasons of the unailthorizeci rilttinn or removal of nmdurts therefrom or hPrausP of fire, shall he 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 or the State of Florida 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 $78,000.00. 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 thms vested in the Cant 1NTY, 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 attnrntav'g fP.P5 and titip inci irnnrP as wAll aS the nrnratn sham of nr¢nairl rani nr�rnQrtv tnyac 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 rine+E imon +pni c +amnc +r1 tin �fFvQA +n +hn risen and +hn remnvnl of +roch A Kric nnA 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 rosenra+innc c+ - +erl in Cnr +inn 7 �hnsc 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 anv 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: 220 W Seaview Circle Duck Key, FL 33050 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 oarpnronh 6 hereof rt 10. The property shall be delivered at closing free of any tenant or occupancy whatsoever. 11. The effective date of this Agroe; e;;t shall be that date when the last one of the Seller(s) end the COUNTY has signed this Agreement. 12. If the Seller(s) wish to proceed with this transaction, the Sellers) have until Ootobor 30, 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/ David Lyon � 30s -, gs- -l� Signature Dat Phone Number Seller! _lean Lyon, also known as Flizabeth : Lyon ' Sign re Date Phone Number Buyer/ COUNTY: KEVIN MI ADOK CPA, Cleric By: Deputy Cle (Seal) MONROE COUNTY, FLORIDA George Nel Mayor Date: �a gPublic.net - Monroe County, FL +gPublic.net Monroe County, FL Summary Parcel ID 00383270- 000000 Account# 1466956 Property ID 1466956 MillageGroup 500D Location W SEAVIEW CIR, DUCK KEY Address $0 Legal BK 4 LT 7 DUCK KEY PLANTN ISLND SEC -3 PART -2 TOMS HARBOR Description PB5-82 OR537-710 OR797-1369 OR797-1371D/C OR997-1476(LD) $0 (Note: Not to be used on legal documents) Neighborhood 4720 Property Class VACANT RES (0000) Subdivision PLANTATION ISLAND Sec/Twp /Rng 16/65/34 Affordable No Housing $39,719 Owner LYON DAV I D AN D JEAN 220 W SEAVIEW CIR DUCK KEY FL 33050 Valuation Page 1 of 2 T.7.b Photos . ca U W c O T J r C d E t V r r Q Packet Pg. 1539 https:Hgpublic. schneidercorp. com /Application. aspx ?AppID= 605 &LayerfD= 9946 &PageT... 10/27/2017 2017 2016 2015 2014 2012 • Market Improvement Value $0 $0 $0 $0 $0 • MarketMiscValue $0 $0 $0 $0 $0 • Market Land Value $46,583 $44,837 $49,320 $40,893 $39,719 = Just Market Value $46,583 $44,837 $49,320 $40,893 $39,719 = Total Assessed Value $46,583 $44,837 $44,767 $40,698 $39,719 School Exempt Value $0 $0 $0 $0 $0 = School Taxable Value $46,583 $44,837 $49,320 $40,893 $39,719 Land Land Use Number of Units Unit Type Frontage Depth RESIDENTIAL DRY UNPERMITTED(01DM) 7,687.00 Square Foot 0 0 Sales Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacant or Improved 12/1/1986 $25,800 Warranty Deed 997 1476 Q- Qualified Vacant 7/1/1979 $18,500 Conversion Code 797 1371 Q - Qualified Vacant Photos . ca U W c O T J r C d E t V r r Q Packet Pg. 1539 https:Hgpublic. schneidercorp. com /Application. aspx ?AppID= 605 &LayerfD= 9946 &PageT... 10/27/2017 gPublic.net - Monroe County, FL Map Page 2 of 2 T.�.b 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 responsibi I ity to secure a just va I uation for ad valorem tax purposes of a I I 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: 10/27/2017 4:20:04 AM Corporation i cC U LU c 0 J r C W E t V cC r r Q https:Hgpublic. schneidercorp. com /Application. aspx ?AppID= 605 &LayerfD= 9946 &PageT Packet Pg. 1540 10/27/2017