Item G2 G.2
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
May 22, 2019
Agenda Item Number: G2
Agenda Item Summary #5564
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 Tier 3 property for affordable housing — Block 1, Lot 10, Amended Plat of The
Ladies Acre, Little Torch Key.
ITEM BACKGROUND: This acquisition is proposed as an affordable housing site to be purchased
and subsequently conveyed to either the BOCC or the Monroe County Housing Authority 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 property consists of a 6,041 square foot lot at 28279 Julia Avenue on the bay side of Little
Torch Key near mile marker 28.5. The property has a tier designation of Tier 3 — Infill Area, a
zoning designation of Urban Residential Mobile Home, 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 12-inch increase in sea level, estimates provided by the
South Florida Water Management District indicate approximately 570 square feet of 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$100,000. The estimated closing
costs for this transaction are listed in the agenda documentation.
ADVISORY COMMITTEE ACTION: On April 24, 2019 the Committee voted 510 to approve
adding this property to the Acquisition List for affordable housing; purchasing the property for the
price of$100,000; and transferring the property to either the BOCC or MCHA for development.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES:
N/A
Packet Pg. 1501
G.2
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
B1kl,Lt10
B1kl,Lt1 OROGOLetter
B1kl,Ltl OBiologistlnspection
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: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
REVIEWED BY:
Charles Pattison Completed 05/06/2019 10:28 AM
Kathy Peters Completed 05/06/2019 10:35 AM
Board of County Commissioners Pending 05/22/2019 9:00 AM
Packet Pg. 1502
G.2.a
PURCHASE CONTRACT
05/22/19
Purchase Title Fees& Attorney Recording Total
Property Price Appraisal Insurance Fee Fee Costs
Block 1, Lot 10 $100,000.00 $400.00 $950.00 $475.00 $35.50 $101,860.50
Amended Plat of The Ladies Acres
U)
Little Torch Key
Seller: Cynthia F.Allison
0
U)
0
IL
0
co
CD
Packet Pg. 1503
G.2.a
Aerial Photograph of Subject Property
Block 1, Lot 10, Amended Plat of The Ladies Acre
Little Torch Key
q40.. '
,
a N
11 i
!E d
AM > .viler
r.
r i•4 a r o
he
two U
CD
` r r
e• a he
� a+
Packet Pg. 1504
G.2.a
AGREEMENT FOR THE PURCHASE OF LANDS
THIS AGREEMENT is made and entered into this day of , 20197 by
and between
Cynthia F. Allison, formerly known as Cynthia Diane Frey
(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. 2
WITNESSETH:
1. 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 $100,000.00 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:
Block 1, Lot 10, Amended Plat of the Ladies Acre (PB 5-96)
RE# 00222840-000000 U)
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, a.
telephone, telegraph, power transmission lines and public utilities.
The LAND AUTHORITY, at the LAND AUTHORITY'S expense, within the time allowed to deliver E
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
that any loss or damage occurring prior to the vesting of satisfactory title in the LAND
1
Packet Pg. 1505
G.2.a
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 $100,000.00. 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 U)
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 a.
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 E
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:
914 Lucan Trail with a copy to: Rose Dell
Austin, TX 78733 Rose Dell &Associates
rose@rosedell.com
2
Packet Pg. 1506
G.2.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.
0
12. The effective date of this Agreement shall be that date when the last one of the Seller(s) and the 2
LAND AUTHORITY has signed this Agreement.
0
13. If the Seller(s) wish to proceed with this transaction, the Seller(s) have until April 19, 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 U)
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/ Cynthia F. Allison, formerly known as Cynthia Diane Frey
IL
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
Packet Pg. 1507
G.2.b
County of Monroe a BOARD OF COUNTY COMMISSIONERS
Mayor David Rice,District 4
The Florida Keys Mayor Pro Tem Sylvia I Murphy.District 5
-_ Danny L.Kolhage,District 1
George Neugent,District 2
Heather Carruthers,District 3
U)
0
December 8, 2017
0
Richard Spellman, applicant/agent for dangereux888@msn.com
Cynthia Diane Frey
226 S. 8th Street
Livingston,MT 59047
RE: ROGO Exemption Request 2017-R180, for property located at 28279 Julia Ave., Summerland
Key, on a tract of land in Section 21 Township 66 South, Range 29 East, Lot 10, Block 1,
amended plat of Ladies Acre, according to PB5-96, Monroe County, Florida, further identified as "
real estate number 00222840-000000.
Mr. Spellman;
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 138-22 of the Monroe County 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.
0
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 19
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. Any Monroe County permit(s) for the original construction of
the structure confirming the existence of the dwelling unit and its use(s) on or about July 13, 1992 can
stand as the only piece of evidence for a ROGO exemption. a�
A Building Permit #A10411 was issued to property owner at (at the time) Cynthia D. Frey for a single
family home(trailer tie down) at this property.A letter from Monroe County dated April 6, 1983,confirms
inspections and conformance to required ordinances and statutes,thereby confirming the lawful existence
of the dwelling unit and its use on or about July 13, 1992.
in
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.
1
ROGO 2017-R180 28279 Julia Ave, Little Torch Key RE 00222840.000000
Packet Pg. 1508
G.2.b
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
0
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 o
free to contact our office at 305-289-2500 or Vray-Martine@monroecounty-fl,Qt,ov
Sincerely, �
o
M ine Vray 0
Principal Planner
4-
0
0
0
2
ROGO 2017-11180 28279 Julia Ave, Little Torch Key RE 00222840.000000
Packet Pg. 1509
G.2.c
2
y� Z
;tu 0
MEMORANDUM
MONROE COUNTY PLANNING &ENVIRONMENTAL RESOURCES DEPARTMENT
We strive to be caring,professional and fair
c�
0
To: Mark Rosch, Sr. Property Acquisition Specialist, Monroe County Land Authority
From: Brittany Burtner, Sr. Biologist, Monroe County
Date: April 25, 2019
Re: 28279 Julia Avenue, Little Torch Key, RE# 00222840-000000
U)
INTRODUCTION: I did a site inspection at the above mentioned property on April 18, 2019.
as
SITE DATA: The parcel is currently vacant. This parcel previously had a single family
residence. The parcel is Tier 3 and is classified as Developed Land in the 2009 Land Cover e
Habitat Map (Figure 1). The parcel is listed as Developed Land in the 1986 Existing Conditions
Map (Figure 2). The parcel is zone Urban Residential Mobile (URM). The adjacent zoning to
the north of this parcel is Native Area (NA).
FINDINGS: The parcel was filled historically (Figure 3), and is adjacent to a mangrove/
buttonwood wetland (Figure 4). The majority of the parcel is snowed grass (Figure 5). There are
some trees located along the property edges (Figure 6). Most of these trees are either nonnative 0
or invasive exotic. Removal of native vegetation would require mitigation in accordance with
LDC Section H 8-8.
c�
Based on a site visit and aerial photography, this parcel was previously developed, does not have
wetlands on the parcel, and redevelopment would not require vegetated wetland buffer as per
LDC Section 118-10(d)(7)(d).
NOTE: A class E district boundary buffer as per LDC Section 1 14-126 will be required along U)
the north property line. Both sides of the district boundary are vacant. A new use would be A
responsible for half of the required buffer. The minimum width of half of a class E district e
boundary buffer is 15 feet.
Packet Pg. 1510
G.2.c
a�
c
O
x
m
.a
O
Q
m
Y
O
k �
r
r
J
i
� V
S;. Q
N
_N
IUUA'° O' J
Figure 1. 2009 Land Cover Habitat Map. Parcel outlined in blue. a
m
. ` O
< J
O
r
Q
a, fq
O
Figure 2. 1986 Existing Conditions Map. Area of parcel circled in blue. c
r
J
m
r
C
N
E
t
V
!E
r
r
Q
Packet Pg. 1511
G.2.c
a�
c
O
x
m
O
Q
m
Y
t
O
m
r
r
J
N
i
! Q
N
N
!E
aMOMW COUNTY FLA a J
..r tie vc N
Figure 3. 1975 aerial showing historical fill and residence. Area of parcel circled in blue. c
r
Q
u
J
m
O
a
^ z x O
0
J
m
Figure 4.North property line facing west. Figure 5.West property line facing north.
r
c
m
E
t
r
r
Q
Packet Pg. 1512
G.2.c
I� c
_ o
x
Q
m
Y
t
m
r
r
J
N
i
V
Q
N
_N
!E
J
N
t
H
O
Figure 6.Vegetation in southeast property corner.
d
m
C
m
E
Q
0
r
O
J
V
_O
m
C
O
r
v
N
Q
N
C
r
N
tm
O
_O
m
O
T-
r
J
m
r
C
GN
E
t
V
!E
r
r
Q
Packet Pg. 1513