Item F6LAND AUTHORITY GOVERNING BOARD
AGENDA ITEM SUMMARY
Meeting Date:Department:
September 16, 2015Land Authority
Bulk Item:Staff Contact / Phone #:
Yes No XMark Rosch / 295-5180
__________________________________________________________________________________
Agenda Item Wording:
Approval of a resolution authorizing the purchase of part of Lot 5, Randal
Adams subdivision (RE #00418770-000000) for conservation and authorizing the subsequent
conveyance of the property to Islamorada, Village of Islands subject toa conservation easement.
__________________________________________________________________________________
Item Background:
This acquisition is proposed to protect property rights and the natural environment.
The subject property is located within Islamorada and the Village Council has nominated the property
for acquisition by the Land Authority.
The proposed resolution calls for the Land Authority to purchase the property and subsequently transfer
title to Islamorada subject to a conservation easement.The property consists of a 12,200 square foot
lot accessed by an unnamed easement near Thompsonville Road on the bay side of Plantation Key
near mile marker 89. The property is zoned Residential Single-Family (R1) and consists 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 less than
25.1% probability of being inundated.
The owner has agreed to sell the property for $26,000.The estimated closing costs for purchasing the
property and conveying the property to Islamorada are listed in the agenda documentation.
__________________________________________________________________________________
Advisory Committee Action:
On July 29, 2015the Committee voted 5/0to approve the resolution
subject to the Islamorada Village Council nominating the property.
__________________________________________________________________________________
Previous Governing Board Action:
None.
__________________________________________________________________________________
Contract/Agreement Changes:
N/A
__________________________________________________________________________________
Staff Recommendation:
Approval
__________________________________________________________________________________
Total Cost:Indirect Cost:Budgeted:
$27,371.00 $______ Yes XNo .
Cost to Land Authority:Source of Funds:
$27,371.00Land Authority
(Tourist Impact Tax and State Park Surcharge)
Revenue Producing:Amount per Month:Year:
Yes No X ________ ________
Approved By:
AttorneyX County Land Steward X .
Documentation:
Included: X Not Required: .
Disposition:
Agenda Item ____
PURCHASE CONTRAC
T
09/16/15
Purchase Title Fees &AttorneyRecordingTotal
PropertyPriceSurveyInsuranceFeeFeeCosts
Randal Adams$26,000.00N/A$524.50$375.00$35.50$26,935.00
Part of Lot 5
Seller: Jules P. Ferraro
DONATION TO ISLAMORADA
09/16/15
PurchaseTitleAttorneyRecordingTotal
PropertyPriceSurveyInsuranceFeeFeeCosts
Randal Adams$0.00N/AN/A$375.00$61.00$436.00
Part of Lot 5
Total Cost$27,371.00
Aerial Photograph of Subject Property
Part of Lot 5, Randall Adams
RE #00418770-000000
Plantation Key
RESOLUTION NO. ________
A RESOLUTION OF THE MONROE COUNTY
COMPREHENSIVE PLAN LAND AUTHORITY AUTHORIZING
THE PURCHASE OF PART OF LOT 5, RANDALADAMS
SUBDIVISION (RE #00418770-000000) FOR CONSERVATION
AND AUTHORIZING THE SUBSEQUENT CONVEYANCE OF
THE PROPERTY TO ISLAMORADA, VILLAGE OF ISLANDS
SUBJECT TO A CONSERVATION EASEMENT.
______________________________________________
WHEREAS, Part of Lot 5, Randal Adams subdivision (RE #00418770-000000), according to the
plat thereof as recorded in Plat Book 1, Page110of the Public Records of Monroe County,
Florida (hereinafter "subject property") consistsof environmentally sensitive land located within
themunicipal boundaryof Islamorada, Village of Islands (hereinafter “Village”); and
WHEREAS, the Village Council has adopted Resolution 15-08-83nominating the subject
property for purchase by the Monroe County Comprehensive Plan Land Authority (hereinafter
“Land Authority”) as conservation land and requesting the Land Authority to transfer title to the
Villagesubject to a conservation easement; and
WHEREAS, onJuly 29, 2015, the Land Authority Advisory Committee considered this
resolution and voted 5/0to recommend approval;NOW, THEREFORE,
BE IT RESOLVED BY THE MONROE COUNTY COMPREHENSIVE PLAN LAND
AUTHORITY:
Section 1.TheLand Authority’s purchase of the subject property pursuant to the purchase
agreement in Attachment Ais hereby approved.
Section 2. The Chairman is hereby authorized to execute adeed and associated closing
documents to convey title to the subject propertyas a donation to the Village and to execute as
Grantee the conservation easement in AttachmentB.
PASSED AND ADOPTED by the Monroe County Comprehensive Plan Land Authority at a
regular meeting on this ____day of___________,2015.
Chairman David Rice___
Vice Chairman Heather Carruthers___
Mayor Danny Kolhage___
Commissioner Sylvia Murphy___
Commissioner George Neugent___
(Seal)
ATTEST:MONROE COUNTY COMPREHENSIVE
PLAN LAND AUTHORITY
________________________________________________
Mark J. RoschDavid P. Rice
Executive DirectorChairman
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
$26,000.00
other interests at the price of . 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.
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:
2
14908 Innerarity Point Road
Pensacola, FL 32507-8307
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.
June 17, 2015
13. If the Seller(s) wish to proceed with this transaction, the Seller(s) have until 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.
14. It is the LAND AUTHORITY’S intent to purchase the subject property as conservation land in
partnership with the Village of Islamorada. Notwithstanding any provision of this Agreement to
the contrary, the closing of this transaction is contingent upon the Village of Islamorada agreeing
to accept title to the property from the LAND AUTHORITY with said title encumbered with a
conservation easement in favor of the LAND AUTHORITY, failing which the LAND AUTHORITY
shall have the option of terminating this Agreement and thereupon 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.
Jules P. Ferraro, also known as Jules P. Ferrara
Seller/
________________________ ___________ __________________
Signature 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
______________________, 2015.
MONROE COUNTY COMPREHENSIVE
PLAN LAND AUTHORITY
(Seal)
________________________________
Mark J. Rosch, Executive Director
3
EXHIBIT A
ATTACHMENT B
THIS INSTRUMENT PREPARED BY AND RETURN TO:
Adele V. Stones, Esq.
1200 Truman Avenue, Suite 207
Key West, FL 33040
Property Appraiser’s Parcel Identification (Folio) Number:
00418770-000000
________________________________________________________
SPACE ABOVE THIS LINE FOR RECORDING DATA
GRANT OF CONSERVATION EASEMENT
THIS GRANT OF EASEMENT
is made on this ________ day of ________________, 2015,
Islamorada, Village of Islands
by of 86800Overseas Highway,Islamorada, Florida 33036,
Monroe County Comprehensive Plan Land Authority
Grantor,to , a land authority under
Section 380.0663 (1), Florida Statutes and Monroe County Ordinance No. 031-1986, whose
address is 1200 Truman Avenue, Suite 207, Key West, Florida 33040, as Grantee.
A)The Grantor is the owner of certain real property (the servient estate) located in Monroe
County, Florida, and more particularly described in Exhibit A.
B)This easement is a conservation easement created pursuant to Section 704.06, Florida
Statutes, and is to be governed by, construed, and enforced in accordance with that statute along
with applicable laws of the State of Florida.
1.Grant of easement.
In consideration for the sum of Ten and 00/100 Dollars ($10.00) and other good and
valuable considerations to said Grantor in hand paid by said Grantee, the receipt of which
is hereby acknowledged, the Grantor hereby grants to Grantee the easement described
below.
2.Easement area.
The location of the easement area on the servient estate is as follows: all of the area
described in Exhibit A less and except the 20feet wide Ingress and Egress easement
described in Exhibit A.
3.Baseline conditions within easement area.
The Grantor acknowledges as of the date of this instrument the easement area is
undeveloped upland forested with tropical hardwood hammockvegetation with no
clearing, development, or structures of any kind.
4.Restraints imposed by the conservation easement.
The conservation easement granted by this instrument prohibits the following within the
easement area:
a)Construction or placing of buildings, roads, signs, billboards or other advertising,
utilities, or other structures on or above the ground.
b)Dumping or placing of soil or other substance or material as landfill or dumping or
placing of trash,waste, or unsightly or offensive materials.
c)Removal or destruction of trees, shrubs, or other vegetation except non-native
vegetation whose removal is authorized by the Grantee.
d)Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material
substance in such manner as to affect the surface.
e)Surface use except for purposes that permit the land or water area to remain
predominately in its natural condition.
f)Activities detrimental to drainage, flood control, water conservation, erosion control,
soil conservation, or fish and wildlife habitat preservation; specifically no suffering,
permitting, or allowing invasive exotic species of animals or plants to exist.
g)Acts or uses detrimental to such retention of land or water areas.
h)Transfer ofdevelopment rights to or from the easement area.
5.Terms and persons bound.
This conservation easement is perpetual, runs with the land and is binding on all present
and subsequent owners and mortgagees of the servient estate. Grantor represents that the
mortgagee(s), if any, whose consent is attached hereto, is (are) the only mortgagee(s)
having a security interest in the servient estate.
6.Modification of easement.
No modification of this easement is binding unless evidenced in writing and signed by an
authorized representative of the Grantee.
7.Attorney's fees.
In the event of any controversy, claim or dispute arising under this instrument, the
prevailing party shall be entitled to recover reasonable attorney's fees and costs, including
appeals.
8.Entry of Grantee's representative on the servient estate.
The Grantee may enter upon the servient estate, after first furnishing the Grantor no less
than 24 hours notice, for the purpose of inspection to determine the Grantor's compliance
with this Grantof Easement.
9.Limitation on Liability for Personal Injury or Injury to Property.
The Grantor waives any rights the Grantor may have to bring a claim against Grantee for
personal injury or injury to property that is caused by the negligent action or inaction of
Grantee or an employee or agent of Grantee during the course of Grantee’s activity
related to this Grant of Easement. To the extent allowed by law, the Grantor is liable for
and must fully defend, release, discharge, indemnify and hold harmless the Grantee, its
officers and employees, agents and contractors, from and against any and all claims,
demands, causes of action, losses, costs and expenses of whatever type -including
investigation and witness costs and expenses and attorneys’ fees and costs -that arise out
of or are attributable to the Grantor’s operations on the premises except for those claims,
demands, damages, liabilities, actions, causes of action, losses, costs and expenses that
are the result of the sole negligence of the Grantee. Grantor and Grantee do not waive
any of their sovereign immunity rights, including, but not limited to, those expressed in
Section 768.28, Florida Statutes.
10.Notice.
Any notice provided for or concerning this grant of easement must be in writing and is
sufficiently given when sent by certified or registered mail, or via an equivalent service
furnished by a private carrier, to the respective address of each party as set forth at the
beginning of this Grant of Easement.
IN WITNESS WHEREOF, Grantor grants the Conservation Easement above and executes this
instrument on the date first above written.
Islamorada, Village of Islands
Grantor:
____________________________________________________________
Mike Forster,Mayor
Witness#1 SignatureBy:
_____________________________
Witness#1 Printed Name
_____________________________
Witness #2 Signature
_____________________________
Witness #2 Printed Name
IN WITNESS WHEREOF, Grantee accepts the Conservation Easement granted above and executesthis
instrument.
Monroe County Comprehensive
Grantee:
Plan Land Authority
____________________________________________________________
David P. Rice, Chairman
Witness #1 SignatureBy:
_____________________________
Witness #1 Printed Name
_____________________________
Witness #2 Signature
_____________________________
Witness #2 Printed Name
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this ________ day of ________________, 2015,
by Mike Forster, Mayor of Islamorada, Village of Islands, Florida who is personally known to me or has
produced ___________________________________ as identification.
SEAL
Signature of Notary Public
My Commission Expires:Printed Name of Notary Public
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this ________ day of ________________, 2015,
by David P. Rice, Chairman of the Monroe CountyComprehensivePlan Land Authority who is
personally known to me or has produced ___________________________________ as identification.
SEAL
Signature of Notary Public
My Commission Expires:PrintedName of Notary Public
EXHIBIT A