Loading...
Item N3 N.3 t, BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Sylvia Murphy,District 5 The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1 �pw° Michelle Coldiron,District 2 Heather Carruthers,District 3 David Rice,District 4 County Commission Meeting March 21, 2019 Agenda Item Number: N.3 Agenda Item Summary #5322 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 to purchase a less than fee interest in Block 7, Lot 26, Cahill Pines and Palms (PB 3-94) with parcel number 00245310-000000 for density reduction purposes. ITEM BACKGROUND: This acquisition is proposed pursuant to BOCC Resolution 438-2018 (the Less Than Fee Acquisition Program) to protect property rights, to reduce density, and to reduce the County's potential liability for takings suits. The subject property consists of a 6,000 square foot lot on Pelican Lane on the bay side of Big Pine Key near mile marker 30. The property is designated Tier 3 — Infill Area and is zoned Improved Subdivision. The Planning and Environmental Resources Department has confirmed the property has the potential to be developed with one dwelling unit and the Land Authority has prepared and negotiated the proposed purchase contract on behalf of the BOCC. The property owners have agreed to retire the development rights for a dwelling unit and detached habitable space on the property. The purchase price for this less than fee interest is $64,500.00, which is the current market land value indicated on the Monroe County Property Appraiser's website. The estimated closing costs for this transaction will be approximately $1,250.00. Once the proposed transaction closes, the Sellers will continue to own the lot and may use it in conjuction with their existing house on their adjoining parcel but will be precluded from developing the lot with a dwelling unit or other detached habitatable space. 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 Packet Pg. 1761 N.3 DOCUMENTATION: BarkerKaminskiContract BarkerKaminskiRECard FINANCIAL IMPACT: Effective Date: March 21, 2019 Expiration Date: None Total Dollar Value of Contract: $64,500.00 plus estimated closing costs of$1,250.00 Total Cost to County: $65,750.00 Current Year Portion: $65,750.00 Budgeted: Yes Source of Funds: 304 Funds infrastructure sales surtax CPI: N/A Indirect Costs: N/A 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: N/A Additional Details: $64,500.00 plus closing costs estimated to be approximately $1,250.00 None 03/21/19 NEW COST CENTER ADDED $65,750.00 REVIEWED BY: Charles Pattison Completed 03/05/2019 1:07 PM Bob Shillinger Completed 03/05/2019 1:27 PM Budget and Finance Completed 03/05/2019 3:14 PM Maria Slavik Completed 03/05/2019 3:29 PM Kathy Peters Completed 03/05/2019 6:24 PM Board of County Commissioners Pending 03/21/2019 9:00 AM Packet Pg. 1762 N.3.a AGREEMENT FOR THE PURCHASE OF LESS THAN FEE INTEREST IN LANDS THIS AGREEMENT is made and entered into this g-ri'\_ day of f, UAL-\ , 2019, by and between Patricia A. Barker, also known as Trish Barker-Kaminski and Joseph G. Kaminski (hereinafter "Seller(s)"), for themselves, their heirs, executors, administrators, successors and assigns, and MONROE COUNTY, FLORIDA(hereinafter "COUNTY"). W W WITNESSETH: 1. The Seller(s) represent they are the owners of the following parcel (hereinafter "Primary Parcel") (hereunto-belonging, owned by them, situate and lying in the -County of Monroe, "State of Florida, E that is currently developed with a residential dwelling unit and is more particularly described as follows;to-wit: 0 Block 7, Lot 27, Cahill Pines and Palms (PB 3-94) RE#00245320-000000 The Seller(s) represent they are also the owners of the following parcel (hereinafter "Secondary Parcel") thereunto belonging, owned by them, situate and lying in the County of Monroe, State of IL Florida, that borders the Primary Parcel and is currently not developed with a residential dwelling unit or any other habitable space and is more particularly described as follows;to-wit: Block 7, Lot 26, Cahill Pines and Palms (PB 3-94) IL RE*0024v310-V00000 2. In consideration of Ten Dollars ($10.00) in hand, paid by the COUNTY, the receipt of which is U) -hereby acknowledged, the Seller(s) -agree to sell to the COUNTY certain property rights associated with the Secondary Parcel owned by Seller, upon the terms and conditions hereinafter set forth, and for the price of $64,500.00. The Seller(s)covenant to surrender, release, relinquish and transfer any and all of the Seller(s)'s_property rights to develop: �s a) residential dwelling units; and b) accessory structures providing detached habitable space (hereinafter collectively"Less Than Fee Interest")on the Secondary Parcel. 3. The Seiler(s) agree that they have full right, power and authority to convey, and that they will �~ convey to the COUNTY the Less Than Fee Interest and will simultaneously unify title of the servient estate of the Secondary Parcel with the Primary Parcel, subject to the following conditions and obligations: 0 19 The COUNTY, at the COUNTY'S expense, shall have a tide report commissioned to allow the COUNTY or its agent to examine all record detail of the ownership and encumbrances {0 & E) affecting title to the Secondary Parcel. The COUNTY may, at its option during the time permitted for examination of title, have the Secondary Parcel surveyed and certified by a registered Florida surveyor. If the survey or 0 & E report disclose encroachments on the Secondary Parcel or the existence of improvements located thereon, or any other restrictions, contract covenants, liens, transfers of development rights, or applicable governmental regulations, deemed not acceptable to the COUNTY,the same shall constitute a title defect. 1 Packet Pg. 1763 N.3.a The COUNTY shall have sixty (60) days from the effective date of this Agreement in which to examine-the-0 & E of Seller's-title. if title-is-found-defective-, as-determined-in the-sole discretion of COUNTY, the COUNTY shall, within this specified time period, notify Seller(s) in writing specifying defect(s). if the defect(s) render title unacceptable to the COUNTY, the Seller(s) will have one hundred-twenty (120) days from-receipt of notice within-which to-remove the defect(s): a. 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. 4. The Seller(s)further agree not to do, or suffer others to do, any act by which the value or property rights associated with the Less Than Fee Interest may be diminished or encumbered while this Agreement is pending. In the event any such diminution, encumbrance or other impairment occurs, the COUNTY may, without liability, refuse to accept conveyance of said Less Than Fee Interest. 5. The Seller(s) further agree that during the period covered by this Instrument officers and 'e accredited agents of the COUNTY shall have at all reasonable times the unrestricted right and 0 privilege- to enter upon the- Secondary- Parcel for all proper and lawful purposes, including examination of the Secondary Parcel and the resources upon it. Nothing herein shall be construed to constitute an acceptance of any existing or future code or building violation on the Primary Parcel. or the Secondary Parcel- This provision. shall. survive. closing. 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, the Secondary Parcel and this waiver shall survive closing. (1a 6. The Seller(s) will execute and deliver upon demand of the proper officials and agents of the _ COUNTY the following documents conveying to the COUNTY all of Seller's Less Than Fee Interest in a manner satisfactory to the legal counsel of the COUNTY: a) Covenant of Unity of Title and Restrictions on Future Development and/or Conveyances (hereinafter"Covenant of Unity of Title document«) E b) Joinder of Mortgagee(if applicable) c) Joinder of Non-Mortgagee Encumbrance Holder(if applicable) d) Grantor's Affidavit of No Encumbrance(if neither b or c above applies) e) Affidavit of Trustee(if land owned by a Trust) f) Application to Monroe County Property Appraiser to Consolidate Real Estate Parcels 7. In consideration whereof the COUNTY agrees that it will purchase all of said Less Than Fee r� 19 Interest at the price of $64,500.00. The COUNTY further agrees that after the preparation, execution, and delivery of the documents enumerated above, and after the legal counsel of the COUNTY shall have approved the documentation releasing the Less Than Fee Interest to be surrendered to and vested in the COUNTY, it will cause to be paid to the Seller(s) the purchase price, less any costs of closing payable by Seller, as set forth below. 0 The COUNTY shall pay the following expenses associated with the conveyance of the Less Than 119 s Fee Interest: recording fees for the documents listed in Section 6, settlement fees, 0 & E report fees-,title-examination fees, and the Buyer's attorneys fees. The Seller(s)shall pay,the real estate commissions, if any are due. Full transfer, surrender and possession of the development rights described above shall pass to the COUNTY as of the date payment is made to the Seller(s) 0 subject-only to the reservations stated in Section 2_above.. 8. It shall be the obligation of the Seller(s) to pay any assessments outstanding as liens due to the County at the date the Less Than Fee Interest vests of record in the COUNTY. 2 Packet Pg. 1764 N.3.a 9. It is mutually understood and agreed that notice of acceptance of this Agreement shall be given to the-Seller(s)by-email to-the-address-provided-by the-Seller(s)or-by mail addressed-toF the Seller(s)- at the following address: 166 Pelican Lane a. Big Pine-Key; FL 3-3043 LL and shall be effective upon date of emailing or mailing and shall be binding upon all of the Seller(s) without sending a separate notice to-each, except as such obligation maybe affected by the provisions of Section 6 herein. 10.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 U) 11. if the Seller(s) wishes to proceed with this transaction, the Seller(s) have until February 14, 2019 E 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 obligation of 0 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 clay-first above written and therefore the Seiler(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-Less-Than Fee Interest in-land; the option-and right-to-enter into-this Agreement for Purchase _ within ninety (90) days from the execution thereof by the Seller(s), and to purchase the Less Than Fee Interest as herein provided, providing said Purchase is duly approved by the Monroe County Board of County Commissioners. U) Seiler/Patricia A. Barker, also known as Trish Barker-Kaminski Signature Date Phone Number Email Address �s Seller/Joseph G. Kaminski j 01 i n ture 9 Date Phone Number Email Address � 0 Buyer/COUNTY: MONROE COUNTY, FLORIDA KEVIN MADOK, CPA, Clerk U 19 U) By: ------------------------ ------------------------ E Deputy Clerk Sylvia-J. Murphy, Mayor (Seal) Date: 3 Packet Pg. 1765 gPublic.net-Monroe County, FL Page 1 of 2 N.3.b „ U Public." Monroe County, FL Disclaimer The Monroe County Property Appraiser's office maintains data on property within the County solely for the purpose of fulfilling its responsibility to secure a just valuation for ad valorem tax purposes of all property withint he County.The Monroe County 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 data is intended for ad valorem tax purposes only and should not be relied on for any other purpose. ILL By continuing into this site you assert that you have read and agree to the above statement. Summary Parcel ID 00245310-000000 Account# 1313211 Property I D 1313211 t%(- `� �i�., W Millage Group 100H Location 176 PELICAN In,BIG PINE KEY Address Legal BK 7 LT 26 CAHILL PINES&PALMS PB3-94 BIG PINE KEY OR466-552/554 OR568-38OR568-758 ,P� � Description OR633-186Q/C OR845-1134 OR1052-1708/09Q/C(CMS)OR1052-1711(VE)OR1713-1131 ��� E (1MH) (II PdUR'Ru Ih a,?d on I,yal docurr71 nCs,) Neighborhood 545 Property Class VACANT RES(0000) Subdivision CAHILL PINESAND PALMS Sec/Twp/Rng 26/66/29 Affordable No Housing Owner IKAIMI INSIKI)('.)SI III I BAKER-KAMINSKI TRISH 166 Pelican In 166 Pelican In Big Pine Key FL 33043 Big Pine Key FL 33043 Valuation 2018 2017 2016 2015 M + Market Improvement Value $0 $0 $0 $0 + Market Misc Value $5,354 $5,582 $6,023 $5,478 + Market Land Value $64,500 $46,500 $42,000 $27,000 = Just Market Value $69,854 $52,082 $48,023 $32,478 U) = Total Assessed Value $37,551 $34,137 $31,034 $28,213 - School Exempt Value $0 $0 $0 $0 FE = School Taxable Value $69,854 $52,082 $48,023 $32,478 Land g, Land Use Number of Units Unit Type Frontage Depth RES PLUGGED CANAL UNPERMITTED(01PCM) 6,000.00 Square Foot 60 100 0 Yard Items Description Year Built Roll Year Quantity Units Grade 19 WOOD DECK 2007 2008 1 148 SF 3 0 BRICK PATIO 2007 2008 1 425E 1 TIKI 2007 2008 1 84 SF 1 FENCES 2007 2008 1 882 SF 2 4� Sales Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacant or Improved _ 7/3/2001 $9,000 Warranty Deed 1713 1131 Q-Qualified Vacant 5/1/1988 $15,000 Warranty Deed 1052 1711 Q-Qualified Vacant Permits Number 0 Date Issued 0 Date Completed 0 Amount 0 Permit Type 0 Notes 0 07104859 1/2/2008 6/25/2008 $4,000 ABOVE GROUND POOL FENCE 4� Photos 4� Packet Pg. 1766 https:Hgpublic.schneidercorp.com/Application.aspx?AppID=605&LayerfD=9946&PageTyp... 2/8/2019 gPublic.net-Monroe County, FL Page 2 of 2 N.3.b Map / t v U) v A i� ��j j a® r'J 1 888 IL TRIM Notice IL irllnNotice U) 'aChT"i}kVer[fe r*�f`irly � IL No data available for the following modules:Buildings,Commercial Buildings,Mobile Home Buildings,Exemptions,Sketches(click to enlarge). I he Monroe(ounty Prope ty Apprr .d e r'..office 1prolpe ty with n the(C ourdy oke ly for the purpo..e of kdNllinC it re pon;aiHRy to Developed by ecure+aju t for adval)re.in tax purlpoe. of alllpropartywitlnnflier(:ounty Ihe:Monroe C.;ountyProlpe:rtyAppru..e^r'..office cannot iu�r��nte:+e:+ i[.. for�.iny o he r purpo..e: ike wi e^,d i[a provided i e^,,�.irdini;one C�.ixye:ar in�.iy no he �,ipphc.�,ihle,^in prior or Hsuh..e^que:nr ye sir.: By re:que.;.hnC,,, ..uc h d�,ita,you hereby undo r..[and ind�.igre e,^ Che 4.1 S c ey I.i,P i,a'a U pkwd 2IW201 y 1 e a:1.£,l AM 0 19 0 63 U) 0 0 0 Packet Pg. 1767 https:Hgpublic.schneidercorp.com/Application.aspx?AppID=605&LayerfD=9946&PageTyp... 2/8/2019