Item G4G.4
G BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy, District 5
The Florida. Keys Mayor Pro Tern Danny Kolhage, District 1
�pw° Michelle Coldiron, District 2
Heather Carruthers, District 3
David Rice, District 5
County Commission Meeting
February 20, 2019
Agenda Item Number: G.4
Agenda Item Summary #5229
BULK ITEM: No DEPARTMENT: Land Authority Governing Board
TIME APPROXIMATE: STAFF CONTACT: Charles Pattison (305) 295-5180
9:15 A.M. Land Authority
AGENDA ITEM WORDING: Approval of an addition to the Acquisition List and approval of a
contract to purchase previously developed Tier 3 property for affordable housing -RE 400306000-
000500 (31423 Avenue G, Big Pine Key).
ITEM BACKGROUND: This acquisition is proposed as an affordable housing site to be purchased
and subsequently conveyed to Monroe County for development. The site was previously developed
with a mobile home that was substantially damaged during Hurricane Irma. The owner has removed
the mobile home and the County has recognized this property as ROGO exempt.
The subject property consists of a 6,750 square foot lot at 31423 Avenue G on the bay side of Big
Pine Key near mile marker 30. There is a an easement on the northern 12.5 feet of the property
providing access to a boat ramp. The property has a tier designation of Tier 3 — Infill Area, a zoning
designation of Improved Subdivision, and disturbed habitat conditions. The Southeast Florida
Regional Climate Change Compact 50-year sea level rise projection is 14 to 26 inches by the year
2060. In the event of a 24-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 property owner has agreed to sell the property for the price of $120,000. The estimated closing
costs for this transaction are listed in the agenda documentation.
ADVISORY COMMITTEE ACTION: On January 29, 2019 the Committee voted 3/0 to approve
adding this property to the Acquisition List as an affordable housing site, purchasing the property for
the price of $120,000, and transferring the property to either the Monroe County Housing Authority
or the BOCC for development.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES:
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G.4
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
31423AveG
ROGO Letter
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing:
Grant:
County Match:
Insurance Required:
Additional Details:
If yes, amount:
REVIEWED BY:
Charles Pattison Completed 02/04/2019 2:55 PM
Kathy Peters Completed 02/04/2019 3:42 PM
Board of County Commissioners Pending 02/20/2019 9:00 AM
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G.4.a
PURCHASE CONTRACT
02/20/19
Purchase Title Fees & Attorney Recording Total
Property Price Appraisal Insurance Fee Fee Costs
RE# 00306000-000500 $120,000.00 $200.00 $1,050.00 $475.00 $35.50 $121,760.50
Sands Subdivision
31423 Avenue G
Big Pine Key
Seller: Jayne S. Bigelow
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G.4.a
Aerial Photograph of Subject Property
RE #00306000-000500
31423 Avenue G
Big Pine Key
r
Q
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G.4.a
AGREEMENT FOR THE PURCHASE OF LANDS
THIS AGREEMENT is made and entered into this day of , 20197 by
and between
Jayne S. Bigelow
(hereinafter "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:
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 $120,000.00 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:
A parcel of land in a part of Sand's subdivision (PB 1-65) more particularly described
in Exhibit A.
RE# 00306000-000500
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). 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 LAND AUTHORITY
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
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G.4.a
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, 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 LAND AUTHORITY 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 LAND AUTHORITY, Monroe 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 LAND
AUTHORITY a good and sufficient deed of warranty conveying to the LAND AUTHORITY a
marketable 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 $120,000.00. The LAND AUTHORITY further agrees that, after the
preparation, execution, and delivery 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. 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 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.
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:
21 Maple Street with a copy to:
Beachwood, NJ 08722
Frank Griffiths
RE/MAX All Keys Real Estate
frank@frankinthekeys.com
2
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G.4.a
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 Seller(s) shall close any open building permits or code enforcement proceedings prior to
closing.
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 January 30, 2019 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/ Jayne S. Bigelow
Signature Date Phone Number
The MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY, acting by and through its
EXECUTIVE DIRECTOR in accordance with Resolution 03-2016, has executed this Agreement on
behalf of the MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY this day of
12019.
MONROE COUNTY COMPREHENSIVE
PLAN LAND AUTHORITY
(Seal)
Charles G. Pattison, Executive Director
3
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EXHIBIT A
A parcel of land in a part of'SANDS SUBDIVISION,
as recorded in Plat Book 1, Page 6�5, the Public
Records ol' Monroe County, Florida and being more
particularly describedby metes, and bounds as follows:
Commencing at the Southeast Comer of I,ot 8, Block,
43, off" SANDS Subdivision, said comer to be known
as the POINT OF BEG,IN'NING, bear South 89 degrees
and 52 minutes East, 85 feet; thence bear North,, I 115
fea, thence bear, North 89 degres and 512, minutes West,
85 feet to, the East Line cat" Lot 9, Blo, of'SAND'S
Subdivision, thence bear South, 112.5 fect, back ro, the,
POINTOF BEGINNING, subject to the West 25 feet
and the North 12.5 feet "'the des,crir,olerty for
easements.
R,
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County of Monroe
Planning & Environmental Resources
Department
2798 Overseas Highway. Suite 410
Marathon, FL 33050
Voice: (305) 289-2500
FAX: (305) 289-2536
We strive to be caring, professional and fair
October 25, 2017
Jayne Bigelow
21 Maple
Beachwood, NJ 08722
Board of County Commissioners
Mayor George Neugent, Dist. 2
Mayor Pro Tern David Rice, Dist. 4
Danny Kolhage, Dist. I
Heather Carruthers. Dist. 3
Sylvia Murphy, Dist. 5
faniiydee@aol.com
RE: ROGO Exemption Request (File # 2017-11067) for 31423 Avenue G, Big Pine Key, further
described as a tract of land in Section 25, Township 66 South, Range 29 East, Monroe County,
Florida, identified as real estate number 00306000.000500.
Ms. Bigelow;
You requested a determination as to whether one (1) residential dwelling unit is exempt from the
Residential Rate of Growth Ordinance (ROGO) on the above -described premises.
Pursuant to Section 138-22 of the Monroe County Land Development Code, the redevelopment,
rehabilitation or replacement of any lawfully established dwelling unit that does not increase the number
of dwelling units above that which existed on the site prior to the redevelopment, rehabilitation or
replacement shall be exempt from the residential ROGO permit allocation system.
For dwelling units that were established prior to the effective date of the ROGO and therefore did not
receive a ROGO allocation through the ROGO permit allocation system, the Monroe County Code requires
a body of evidence to support the lawful existence of the dwelling unit on or about July 13, 1992, the
effective date of the original ROGO. In order to grant an exemption, if there are no building permit(s) for
the original construction of the structure which confirm the lawful existence of the dwelling unit and its
use(s) on or about July 13, 1992, at least two of the following documents supporting the lawful existence
of the dwelling unit must be found:
(1) Any issued Monroe County building pertnit(s) supporting tl,?e existence oj'the structure(s) and its use(s)
on or about July 13, 1992:
ROGO Exemption Request (File # 2017-R067), 31423 Avenue G, Big Pine Key, RE # 00306000.000500 Pace I of 3
I Packet Pg. 13251
The following table organizes building permits by date issued:
A c I fit f! I VU*
LPate isxuea
yescription
33935
B-1516 —
_8
09-24-1974
_1_0-26-1976
Septic tank on vacant lot. Zoned RU-4. Intended use: Residence.
Increase 60 amp to 150 amp trailer service. Zoned RU-5.
;0 8 5
66 - 2 9 - 19978
.80 cubic yards fill
92104868
7/22/1991
_06-04-2014
1,711 SF new roof over existing mobile home. File includes a survey dated 7/16/1992
indicating a double wide mobile home.
1_4102495
Residential roofing
Permits support the existence of a double -wide mobile home as a residential use.
(2) Documentation from the Monroe County Property Appraiser's Office indicating residential use on or
about July 13, 1992: The Property Appraiser currently assesses the property under a property
classification code of 0200, mobile home and further indicates year built as 1972. One (1) building is
currently attributed to the property. A "Declaration of Mobile Home as Real Property" describes the
same doublewide mobile home (double -wide) with Title numbers matching those on the Warranty
Deed. Therefore, documentation from the Monroe County Property Appraiser's Office indicates and
supports the existence of a residential use on or about July 13, 1992.
(3) Aerial photographs (to confirm the number of structures, not the number or type of dwelling units) and
original dated photographs showing the structure(s) existed on or about July 13, 1992: Aerial
photography from 1981 through present day confirms the continuous existence of a structure on the
property. As a note, aerial photography can only confirm the number of structures, not the number of
dwelling units, in existence at any given time.
(4) Residential county directory entries on or about July 13, 1992: Property listing in the December 1992
Hill Donnelly Directory is inconclusive for this address.
(5) Rental, occupancy or lease records, oil or about July 13, 1992, indicating the number, type and term
of the rental or occupancy: No occupancy or lease records were provided for review.
(6) State and/or county licenses, on or about July 13, 1992, indicating the number and types of rental
units: No state or county licenses were provided for review.
(7) Documentationfiront the utility providers indicating the type of service (commercial or residential)
provided and the number of meters in existence on or about July 13, 1992: Keys Energy Services
customer service confirms that service is currently active, and was established with one residential
meter since October 28, 1976. (Note: Water and/or electric service may have been provided at other
times, however records stating such were not provided).
(8) Similar supporting documentation not listed above as determined suitable by the Planning Director
Land Use District: Land Use District: From 1986 to present the property has been located within the
Improved Subdivision (IS) Land Use (Zoning) District. The IS zoning district allows a single family
detached dwelling unit. From 1973-1986 the property was zoned RU-5. Sec. 19-999 of the 1973-1986
zoning code allowed mobile homes and pre -fabricated modular units in the RU-5 zoning district on
individually owned lots.
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ROGO Exemption Request (File # 2017-R067), 31423 Avenue G. Big Pine Key, RE # 00306000.000500 pnup ? f)f `i
I Packet Pg. 1326
1988 Monroe County Mobile Home Study: The 1988 Monroe County Mobile Home Study indicates
the existence of a mobile home on the property at that time.
Based on a review of the records, the Planning & Environmental Resources Department has determined
that one (1) dwelling unit is lawfully -established on the subject property and its replacement would
thereby be exempt from the ROGO permit allocation system.
You may appeal decisions made in this letter. The appeal must be filed with the County Administrator,
1100 Simonton Street, Gato Building, Key West, FL 33040, within thirty (30) calendar days from the date
of this letter. In addition, please submit a copy of your application to Planning Commission Coordinator,
Monroe County Planning & Environmental Resources Department, 2798 Overseas Highway, Suite 410,
Marathon, FL 33050.
If you have any questions regarding the contents of this letter or if we may further assist you, please feel
free to contact the Planning & Environmental Resources Department at 305-289-2500.
Sincerely,
Principal Planner
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ROGO Exemption Request (File # 2017-R067), 31423 Avenue G. Big Pine Key, RE # 00306000.000500
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