Item O12 0.12
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
April 17, 2019
Agenda Item Number: 0.12
Agenda Item Summary #5439
BULK ITEM: Yes DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Paunece Scull (305) 295-3170
N/A
AGENDA ITEM WORDING: Approval of a contract to purchase a less than fee interest in Block
6, Lots 10 and 11, Bowen's Addition to Riviera Village (PB 2-107) with parcel number 00512070-
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 two adjoining 5,500 square foot lots on Dolphin Road on the bay
side of Key Largo near mile marker 105. The property is designated Tier 3 — Infill Area and is
zoned Improved Subdivision. The Sellers' house encroaches on Lot 10. The Planning and
Environmental Resources Department has confirmed Lot 11 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 dwelling units and detached habitable space on the property. The purchase price for this less
than fee interest is $74,250.00. Since there is no separate market land value listed for Lot 11, the
purchase price is based on the current market land value indicated on the Monroe County Property
Appraiser's website for a comparable lot (Block 6, Lot 17) in the vicinity. 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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0.12
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
KelleyContract
KelleyRECard
KelleyRECardComparable
FINANCIAL IMPACT:
Effective Date: April 17, 2019
Expiration Date: None
Total Dollar Value of Contract: $74,250.00 plus estimated closing costs of$1,250.00
Total Cost to County: $75,500.00
Current Year Portion: $75,500.00
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: $74,250.00 plus closing costs estimated to be approximately $1,250.00
None
04/17/19 NEW COST CENTER ADDED $75,500.00
REVIEWED BY:
Charles Pattison Completed 04/02/2019 9:53 AM
Paunece Scull Completed 04/02/2019 1:27 PM
Budget and Finance Completed 04/02/2019 1:33 PM
Maria Slavik Completed 04/02/2019 2:45 PM
Kathy Peters Completed 04/02/2019 3:10 PM
Board of County Commissioners Pending 04/17/2019 9:00 AM
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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
John R. Kelley and Carmen T. Kelley
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")
thereunto belonging, owned by them, situate and lying in the County of Monroe, State of Florida, 31
that is currently developed with a residential dwelling unit and is more particularly described as 2
follows; to-wit:
0
Block 6, Lot 9, Bowen's Addition to Riviera Village (PB 2-107)
RE #00512070-000000
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
Florida, that border the Primary Parcel and are currently not developed with a residential dwelling
unit or any other habitable space and is more particularly described as follows; to-wit:
Z
Block 6, Lots 10 and 11, Bowen's Addition to Riviera Village (PB 2-107)
RE #00512070-000000
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
hereinafter set forth, and for the price of $74,250.00. 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
(hereinafter collectively "Less Than Fee Interest") on the Secondary Parcels.
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
COUNTY or its agent to examine all record detail of the ownership and encumbrances (O & 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 O & 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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The COUNTY shall have sixty (60) days from the effective date of this Agreement in which to
examine the O & 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
Interest. 31
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 0
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
associated with, or arising from ownership of, the Secondary Parcels and this waiver shall survive
closing.
Z
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 U)
(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
7. In consideration whereof the COUNTY agrees that it will purchase all of said Less Than Fee
Interest at the price of $74,250.00. 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.
The COUNTY shall pay the following expenses associated with the conveyance of the Less Than
Fee Interest: recording fees for the documents listed in Section 6, settlement fees, O & 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.
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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:
43 Dolphin Road
Key Largo, FL 33037
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
COUNTY has signed this Agreement.
11. If the Seller(s) wishes to proceed with this transaction, the Seller(s) have until March 13, 2019 to 2
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
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 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.
Y)
Sel er/John R. Kelley
3
ignature D to Phone Number Email Address
Seller/ Carmen T. Kelley
U)
0
Signature Date Phone Number Email Address
Buyer/ COUNTY: MONROE COUNTY, FLORIDA
0
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. LL
Summary
Parcel lD 00512070-000000 � ,� I � ,�✓G
Account# 1631370
Property ID 1631370
Millage Group 500K e W
Location 43 DOLPHIN Rd,KEY LARGO pry e
Address
Legal P BK6 LT59-11 BOWENSADDN TO RIVIERA VILLAG E-KEY LARGO PB2-107G57-181G57-322
Description OR378-258 0R506-431 OR517-478 OR920-1641 OR 1389-173F/1-CASE#96-20022-FR-04
OR1470-1916/17 OR 1709 2349AFF
(I`du C� I`doR Ru h� a red on I�dal docurr7�nCsJ " � „�„
Neighborhood 1857 ;
Property Class SINGLE FAMILY RESID(0100) Jr p
Subdivision BOWENSADD RIVIERAVILLAGE
Sec/Twp/Rng 12/61/39
Affordable No s
Housing
Owner
KELLEY JOHN RAND CARMEN T
43 DOLPHIN RD )
KEY LARGO FL 33037 >
Valuation
0
2018 2017 2016 2015
+ Market Improvement Value $311,589 $316,870 $266,387 $273,491
+ Market Misc Value $8,474 $8,478 $8,489 $7,385 _
+ Market Land Value $176,344 $171,641 $140,258 $123,895
= Just Market Value $496,407 $496,989 $415,134 $404,771
= Total Assessed Value $239,625 $234,697 $229,870 $228,272 U)
- School Exempt Value ($25,000) ($25,000) ($25,000) ($25,000)
= School Taxable Value $214,625 $209,697 $204,870 $203,272
0
Land
Land Use Number of Units Unit Type Frontage Depth
RESIDENTIAL DRY(010D) 16,500.00 Square Foot 50 110
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Buildings
Building lD 28831 Exterior Walls C.B.S. �
Style STILT 1 STORY Year Built 1959
Building Type S.F.R.-R1/R1 EffectiveYearBuilt 1976
Gross Sq Ft 4847 Foundation CONCRETE SLAB
Finished Sq Ft 3923 Roof Type GABLE/HIP
Stories 2 Floor Roof Coverage METAL
Condition AVERAGE Flooring Type CONCABOVEGRD (�
Perimeter 352 Heating Type NONEwith O%NONE
Functional Ohs 0 Bedrooms 4
Economic Ohs 0 Full Bathrooms 1
Depreciation% 42 Half Bathrooms 0
Interior Walls PLYWOODPANEL Grade 500
Number of Fire PI 0
Code Description Sketch Area Fin ishedArea Perimeter
FAT FINISHEDATTIC 659 0 0
FLA FLOOR LIV AREA 3,923 3,923 0
OPF OP PRCH FIN LL 162 0 0
OUF OP PRCH FIN UL 103 0 0
TOTAL 4,847 3,923 0
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Yard Items
Description Year Built Roll Year Quantity Units Grade
UTILITYBLDG 1977 1978 1 216 SF 5
CONC PATIO 1984 1985 1 232 SF 2
WALLAIRCOND 1984 2004 1 1UT 2
CH LINK FENCE 1984 2004 1 1500 SF 1
FENCES 1984 2004 1 160 SF 2
WOODDECK 2000 2007 1 20SF 1
IL
Sales
Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacant or Improved
8/1/1997 $175,000 Warranty Deed 1470 1916 M-Unqualified Improved
Permits
Number 0 Date Issued 0 Date Completed 0 Amount 0 Permit Type 0 Notes 0 L�
07301435 3/30/2007 10/23/2007 $1 RE-ROOFTO METAL
Sketches(click to enlarge)
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(340 (1255) (319 0
46 B 14 16 8 U)
5 OUF 5
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6-3
Photos
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„r,U Puiblic. "" Monroe County, FL
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Disclaimer LL
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
Parcel I 00512150-000000
Account# 1631451
Property I 1631451
Millage Group 500K
Location Address VACANT LAND,KEY LARGO
Legal Description BK6 LT 17 BOWENS ADDN TO RIVIERAVILLAGE-KEY LARGO-PB2-107 G57-181 G57-322 OR454-466 OR933-1067AFF OR933-1068D/C OR1866-504/05P/R
OR1883-2326/27Q/C
(I`duks I`doL Lu Ih, a,,?d on h pal d0LUN4 nC3,)
Neighborhood 1857
Property Class VACANT RES(0000)
Subdivision BOWENSADD RIVIERAVILLAGE
Sec/Twp/Rng 12/61/39
Affordable No
Housing
Owner >
MALTZIACK
PO BOX 4431
HIALEAH FL 33014
Valuation
2018 2017 2016 2015
+ Market Improvement Value $0 $0 $0 $0
+ Market Misc Value $0 $0 $0 $0
+ Market Land Value $74,250 $35,750 $33,000 $19,250
= Just Market Value $74,250 $35,750 $33,000 $19,250
= Total Assessed Value $2,433 $2,212 $2,011 $1,829
- School Exempt Value $0 $0 $0 $0 co
= School Taxable Value $74,250 $35,750 $33,000 $19,250
Land
Land Use Number of Units Unit Type Frontage Depth cu
RESIDENTIAL DRY UNPERMITTED(01DM) 5,500.00 Square Foot 50 110
U)
Sales
Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacant or Improved
2/1/1970 $1,000 Conversion Code 454 466 Q-Qualified Vacant
View Tax Info
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No data available for the following modules:Buildings,Commercial Buildings,Mobile Home Buildings,Yard Items,Exemptions,Permits,Sketches(click to enlarge),Photos.
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