Item N7 N.7
G 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.7
Agenda Item Summary #5329
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
5, Lots 35, 37, and 38, Harris Ocean Park Estates (PB 4-126) with parcel numbers 00448870-
000000, 00448890-000000, and 00448900-000000 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 three lots totaling 15,075 square feet on Arctic Avenue in Tavernier
on the ocean side of Key Largo near mile marker 94. The property is designated Tier 1 — Natural
Area and is zoned Improved Subdivision. The Planning and Environmental Resources Department
has confirmed the property has the potential to be developed with three dwelling units 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 three dwelling units and detached
habitable space on the property. The purchase price for this less than fee interest is $99,999.00,
which is below the property's $120,600.00 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 lots and may use them in
conjuction with their existing house on their adjoining parcel but will be precluded from developing
the lots 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
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N.7
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
WollContract
WollRECards
FINANCIAL IMPACT:
Effective Date: March 21, 2019
Expiration Date: None
Total Dollar Value of Contract: $99,999.00 plus estimated closing costs of$1,250.00
Total Cost to County: $101,249.00
Current Year Portion: $101,249.00
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: $99.999.00 plus closing costs estimated to be approximately $1,250.00
None
03/21/19 NEW COST CENTER ADDED $101,249.00
REVIEWED BY:
Charles Pattison Completed 03/05/2019 1:15 PM
Bob Shillinger Completed 03/05/2019 1:24 PM
Budget and Finance Completed 03/05/2019 3:15 PM
Maria Slavik Completed 03/05/2019 3:30 PM
Kathy Peters Completed 03/05/2019 6:23 PM
Board of County Commissioners Pending 03/21/2019 9:00 AM
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N.7.a
AGREEMENT FOR THE PURCHASE OF LESS THAN FEE INTEREST IN LANDS
THIS AGREEMENT is made and entered into this day of 2019, by
and between
Frank Woll and Monica Woll
IL
(hereinafter "Seller(s)"), for themselves, their heirs, executors, administrators, successors and
assigns, and MONROE COUNTY, FLORIDA (hereinafter "COUNTY").
WITNESSETH:
1. The Seller(s) represent they are the owners of the following parcel (hereinafter "Primary Parcel") (n
thereunto belonging, owned by them, situate and lying in the County of Monroe, State of Florida,
that is currently developed with a residential dwelling unit and is more particularly described as
follows; to-wit:
0
Block 5, Lots 36, Harris Ocean Park Estates (PB 4-126)
RE#00448880-000000
The Seller(s) represent they are also the owners of the following parcels (hereinafter "Secondary
Parcels")thereunto belonging, owned by them, situate and lying in the County of Monroe, State of U)
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 5, Lots 35, 37, and 38, Harris Ocean Park Estates (PB 4-126)
RE#00448870-000000, 00448890-000000, and 00448900-000000
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2. 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 property rights
associated with the Secondary Parcels owned by Seller, upon the terms and conditions 00
hereinafter set forth, and for the price of $99,999.00, The Seller(s) covenant to surrender,
release, relinquish and transfer any and all of the Seller(s)'s property rights to develop:
a) residential dwelling units; and
b) accessory structures providing detached habitable space M
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(hereinafter collectively"Less Than Fee Interest") on the Secondary Parcels.
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3. The Seller(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 Parcels with the Primary Parcel, subject to the following
conditions and obligations:
The COUNTY, at the COUNTY'S expense,.shall have a title report commissioned to allow the U
COUNTY or its agent to examine all record detail of the ownership and encumbrances (0 & E)
affecting title to the Secondary Parcels. The COUNTY may, at its option during the time permitted
for examination of title, have the Secondary Parcels surveyed and certified by a registered Florida
surveyor. If the survey or 0 & E report disclose encroachments on the Secondary Parcels 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.
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N.7.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).
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 W
I nterest.
5. 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 the Secondary Parcels for all proper and lawful purposes, including.
examination of the Secondary Parcels 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 Parcels. 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 U)
associated with, or arising from ownership of, the Secondary Parcels and this waiver shall survive
closing.
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 c�
Interest in a manner satisfactory to the legal counsel of the COUNTY: U
a�
a) Covenant of Unity of Title and Restrictions on Future Development and/or Conveyances
(hereinafter"Covenant of Unity of Title document")
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 M
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7. In consideration whereof the COUNTY agrees that it will purchase all of:said Less Than Fee
Interest at the price of $99,999.00. 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.
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The COUNTY shall pay the following expenses associated with the conveyance of the Less Than U
Fee Interest: recording fees for the documents listed in Section 6, settlement fees, 0 & E report
fees, title examination fees, and the Buyer's attorney's 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)
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,
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N.7.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 to the Seller(s)
at the following address:
134 Arctic Avenue
Tavernier, FL 33070
IL
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 may be 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 cis
COUNTY has signed this Agreement. W
11. If the Seller(s) wishes to proceed with this transaction, the Seller(s) have until March 4, 2019 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 o
closing of this transaction is contingent upon approval by the Monroe County Board of County
Commissioners, failing which the COUNTY and the Seller(s) shalt 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 U)
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 a.
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 0
Fee Interest as herein provided, providing said Purchase is duly approved by the Monroe County T
Board of County Commissioners.
Seiler/ F Woll
J)9 C j 30'.i- 314- q
Signature Date Phone Number Email Address
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Seiler/ Monica Woll
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Signature Date Phone Number Email Address
Buyer/ COUNTY: MONROE COUNTY, FLORIDA U
6
KEVIN MADOK, CPA, Clerk
By:
Deputy Clerk Sylvia J. Murphy, Mayor
(Seal)
Date:
3
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„r,U Puiblic. "" 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.
By continuing into this site you assert that you have read and agree to the above statement.
Summary LL
Parcel I 00448870-000000
Account# 1548511
Property I 1548511
Millage Group 500P
Location Address VACANT LAND,KEY LARGO
Legal Description BK 5 LT 35 HARRIS OCEAN PK ESTATES KEY LARGO P134-126 OR500-906 OR1324-1158/59 OR1503-42 OR1503-43AFF OR1503-45DC OR1503-46DCOR1503-
47AFF OR1558-1694Q/C OR1943-2137 OR1943-2138(LG)
(I`duL,<I`do[Lu lh, a,?d on dOLUN4 n Cs.)
Neighborhood 1673
Property Class VACANT RES(0000) 0
Subdivision HARRIS OCEAN PARK ESTATES 3:
Sec/Twp/Rng 23/62/38
Affordable No
Housing
Owner
wi�i i I i.Aiw<AiNI)iMOiNR A
134ARCTICAVE
TAVERNIER FL 33070
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Valuation U)
2018 2017 2016 2015 -19
+ Market Improvement Value $0 $0 $0 $0 4�
+ Market Misc Value $0 $0 $0 $0
+ Market Land Value $40,200 $43,969 $37,865 $21,651
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= Just Market Value $40,200 $43,969 $37,865 $21,651
= Total Assessed Value $10,843 $9,857 $8,961 $8,147
- School Exempt Value $0 $0 $0 $0 U)
= School Taxable Value $40,200 $43,969 $37,865 $21,651 °
Land
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Land Use Number of Units Unit Type Frontage Depth �}
RESIDENTIAL DRY UNPERMITTED(01DM) 5,025.00 Square Foot 0 0
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Sales
Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacant or Improved
10/16/2003 $18,000 Warranty Deed 1943 2138 Q-Qualified Vacant t6
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10/10/2003 $3,000 Warranty Deed 1943 2137 Q-Qualified Vacant U)
3/1/1998 $2,000 Warranty Deed 1503 0042 U-Unqualified Vacant
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2/1/1973 $1,000 Conversion Code 500 906 Q-Qualified Vacant
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gPublic.net-Monroe County, FL Page 1 of 2
N.7.b
„r,U Puiblic. "" 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.
By continuing into this site you assert that you have read and agree to the above statement.
Summary LL
Parcel ID 00448890-000000 1N� 9', ° F��� !(�1)�u� on,p ��
Account# 1548537 �r
Property ID 1548537
Millage Group 500P
Location Address VACANT LAND,KEY LARGO )fi..
Legal Description BK 5 LT 37 HARRIS OCEAN PK ESTATES KEY LARGO PB4-126 OR515-960 OR2226-465/66 LLB
is��M i
OR2792-1121/23 r "t,
(I`duL,c I`doL Lu Ih, a,,?d on dOLUN4n I',)
Neighborhood 1673
Property Class VACANT RES(0000) 0
Subdivision HARRIS OCEAN PARK ESTATES _
Sec/Twp/Rng 23/62/38 4�.
Affordable No '"'
Housing %
Owner
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w0:1 I I iRAINK
134ARCTIC Ave +�
Tavernier FL 33070
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Valuation
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2018 2017 2016 2015
+ Market Improvement Value $0 $0 $0 $0 (�
+ Market Misc Value $0 $0 $0 $0
+ Market Land Value $40,200 $43,969 $37,865 $21,651 a f�
= Just Market Value $40,200 $43,969 $37,865 $21,651
= Total Assessed Value $40,200 $43,969 $8,961 $8,147
- School Exempt Value $0 $0 $0 $0
00
= School Taxable Value $40,200 $43,969 $37,865 $21,651 �}
Land
Land Use Number of Units Unit Type Frontage Depth @�-
RESIDENTIAL DRY UNPERMITTED(01DM) 5,025.00 Square Foot 0 0
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Sales U)
Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacant or Improved
4/8/2016 $50,000 Warranty Deed 2792 1121 30-Unqualified Vacant
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gPublic.net-Monroe County, FL Page 1 of 2
N.7.b
„r,U Puiblic. "" 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.
By continuing into this site you assert that you have read and agree to the above statement.
Summary LL
Parcel ID 00448900-000000
Account# 1548545
Property ID 1548545 �' �� '�� y ✓� F
Millage Group 500P
Location Address VACANT LAND,KEY LARGO lufi. �Wf�
Legal Description BK 5 LT 38 HARRIS OCEAN PK ESTATES KEY LARGO PB4-126 OR515-960 OR2226-465/66 is��M ' i , LLB
OR2792-1121/23 �iqh T gg 8
(I`du L,e:I`doL Lu lh, u,,?d on dOLUN4n Cf)
Neighborhood 1673
Property Class VACANT RES(0000) 0
Subdivision HARRIS OCEAN PARK ESTATES _
Sec/Twp/Rng 23/62/38 4�. )
Affordable No '"'
Housing %
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134ARCTIC Ave +�
Tavernier FL 33070
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Valuation
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2018 2017 2016 2015
+ Market Improvement Value $0 $0 $0 $0 (�
+ Market Misc Value $0 $0 $0 $0
+ Market Land Value $40,200 $43,969 $37,865 $21,651 a f�
= Just Market Value $40,200 $43,969 $37,865 $21,651
= Total Assessed Value $40,200 $43,969 $8,961 $8,147
- School Exempt Value $0 $0 $0 $0
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= School Taxable Value $40,200 $43,969 $37,865 $21,651 �}
Land
Land Use Number of Units Unit Type Frontage Depth @�-
RESIDENTIAL DRY UNPERMITTED(01DM) 5,025.00 Square Foot 0 0
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Sales U)
Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacant or Improved
4/8/2016 $50,000 Warranty Deed 2792 1121 30-Unqualified Vacant
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