Item P15 P.15
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
May 22, 2019
Agenda Item Number: P.15
Agenda Item Summary #5583
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
5, Lot 25, Breezeswept Beach Estates (PB 4-143) with parcel number 00202650-000000 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 Martinique Lane on the ocean side of
Ramrod Key near mile marker 27. The property is designated Tier 3 — Infill Area and is zoned
Improved Subdivision. The property is a pea rock lot with minor landscaping and a partial
mangrove fringe. There are no accessory structures on the lot other than a storm-damaged dock.
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 owner has 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 $99,999, which is below the property's $109,500 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.
Once the proposed transaction closes, the Sellers will continue to own the lot and may use it in
conjuction with their existing house on his 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:
Packet Pg. 2825
P.15
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
SwiftContract
SwiftRECard
FINANCIAL IMPACT:
Effective Date: May 22, 2019
Expiration Date: None
Total Dollar Value of Contract: $99,000.00 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: $99,000.00 plus closing costs estimated to be approximately $1,250.00
None
05/22/19 NEW COST CENTER ADDED $101,249.00
REVIEWED BY:
Charles Pattison Completed 05/07/2019 10:15 AM
Paunece Scull Completed 05/07/2019 10:42 AM
Budget and Finance Completed 05/07/2019 10:54 AM
Maria Slavik Completed 05/07/2019 11:14 AM
Kathy Peters Completed 05/07/2019 3:02 PM
Board of County Commissioners Pending 05/22/2019 9:00 AM
Packet Pg. 2826
/
�
AGREEMENT FOR THE PURCHASE OF LESS THAN FEE INTEREST IN LANDS
THIS AGREEMENT is made and entered into this day of �O1S. by
and between
'
Steven Swift, also known mmSteven C. SvvOft
and
Jennifer Swift
(hereinafter ''SeUe[(S)"\, for thenlSe|veS, their heirS, eweou1Vrs, administrators, successors and
aSS|gne. and MONF|(}E COUNTY, FLORIDA (hen3inafter"CC}UNTY")� 0
IL
W
VV|TNE8GETH: mu
U_
1. The 8o||8r(S) represent they are the owners of the fO||Ovving p@nCe! (hereinafter "Primary Parcel")
themauntn be|onging, owned by them, situate and lying in the County of Monroe, State of Florida, -�
that iS currently developed with G residential dwelling unit and is more particularly described as
foUOvvo; to-wit: W
�
Block 5, Lmt 26. Bremzem*neptBeach Estates (PB 4-143)
RE #Q0202660-0@000Q
`~
The Seller(s) represent they are also the owners of the following parcel (hereinafter "Secondary
Pon:8|") thenBunto belonging, owned by them, situate and lying in the County of K8�nrD�. G�8be Vf l�
Florida, that bOnjemS the Primary PanC8| and is currently not developed with � residential dwelling —
unit or any other habitable space and is more particularly described as follows; to-wit:
Block 5, Lot 25, BreezeswmeptBeach Estates (PB 4-143)
RE#0@202G50-0@00W0
3. In consideration of 7-eD DV||8re ($10.00) in hand, paid by the C{JUNTY, the receipt Of which is
hereby acknowledged, the Seller(s) agree to sell to the COUNTY certain property rights �
associated with the Secondary Parcel owned by 8e||er, upon the terms and conditions hereinafter
set forth, and for the price of $99,999.00. The 8e||er/o\ covenant tosurrender, na|eaan' relinquish n�
rights
to develop: �0
L6
a) residential dwelling units; and
bA accessory structures providing detached habitable space
(hereinafter collectively "Less Than Fee Interest") on the Secondary Parcel.
3. The Seller(s) agree that they have full right, power and authority to CODv8y. and that they will
convey to the COUNTY the Less Than Fee |O[8nmst and will simultaneously unify title of the
oervieOt estate ofthe Secondary Parcel with the Primary Parcel, sUbi�ntt0th�foUOvvi.gconditions
~ ��and obligations: (n
The COUNTY, at the CC>UNTY'S 8xpense, mhGU have a title report commissioned to allow the
COUNTY or its agent to examine all nacOmd detail of the ownership and encumbrances ({} & 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 o registered Florida
surveyor. If the survey or (J 8 E report disclose encroachments on the Secondary Parcel or the
existence of improvements located theneOD, or any other restrictions, contract cOv8O8DtS. !iens,
transfers of development riQhta, or applicable governmental nagu|etiono, deemed not acceptable to
the COUNTY, the same shall constitute a title defect.
1
-
The COUNTY shall have sixty (60) days from the effective date of this Agreement inwhich to
examine the C) & E of Seller's title. If title is found defective, an determined in the sole discretion
of COUNTY, the COUNTY sh8||, within this specified time period, notify Seller(s) in writing
specifying defeof(o). 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 nannOwe the dOfeoi(s).
The Seller(s) will use diligent effort to Cnrn*[t defect(a) 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 8sit then ieOr 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 0
rights associated with the Less Than Fee |nhenaet may be diminished or encumbered while this
W
Agreement is pending. In the event any Such diminution, encumbrance or other inop8i[rneDt mu
U_
occurs, the COUNTY may, without |imbi|ity, 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
accredited agents of the COUNTY shall have at all n8eoon8b|e bnneS the unrestricted right and W
privilege to enter upon the Secondary Parcel for all proper and |evfu| purposes, including -~
examination of the Secondary Porma| and the resources upon it. Nothing herein shall be
construed to constitute on acceptance of any existing or future code or building violation on the
Primary F`eroe| or the Secondary Parcel. This provision ahmU survive closing. The Seller(s)
hereby vveiwe their rights to any and all c|oinoe against the COUNTY or the State of Florida
associated with, or arising from ownership of, the Secondary Parcel and this waiver shall survive U)
o|VsiO0. —
8. 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 ina manner satisfactory to the legal counsel of the COUNTY:
8\ Covenant of Unity of Title and Restrictions on Future Development and/or Conveyances
(hereinafter"Covenant of Unity of Title dOcVnO8nt") �
b\ J�iOdgr��K8o�oag�� (��pp|iC8b|�\ —
' ~ ` ' L6
n) Joinder 0f �n-K8�dDag8gEnc�nnbngnC8HO|d�r(�app|icGb|�\ n�
y�
d\ Grantor's Affidavit OfNV Encumbrance (if neither bnrc above applies) o
e\ Affidavit of Trustee (if land owned bv8Trust) w6
M Application to Monroe County Property Appraiser toConsolidate 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 $95,999.00. The COUNTY further agrees that after the preparation,
execution, and delivery of the documents enumerated above, and after the legal counsel of the
COUNTY aheU 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, om set forth below.
�
The COUNTY shall pay the following expenses associated with the conveyance 0f the Less Than
Fee Interest: recording fees for the d0ourneOto listed in Section 8. settlement fees, 0 & E report
fees, title examination fees, and the Buyer's ottorney'efees. The 8g||er/e\ shall pay the real estate
ConlDliesiUnS' if any are due. Full transfer, surrender and p0SS8SeiVn of the development rights
described above shall pass to the COUNTY as of the dote payment is made to the Seller(s)
subject only to the reservations stated in Section 2 above.
8. It 8h8|| be the obligation of the Seller(s) to pay any assessments outstanding as liens dug to the
County at the date the Less Than Fee Interest vests of record in the COUNTY.
2
' L---------J
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)
et the following address:
27306 Martinique Lane
Ramrod Key, FIL 33042
and Sh8|| be effective upon date Ufe0@i|ing 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 8 herein. 0
IL
W
10. The effective date of this Agreement shall be that date when the last one of the Seller(s) and the mu
COUNTY has signed this Agreement. U-
11. If the Seller(s) wishes to proceed with this transaction, the Seller(s) have until April 25, 2019to Z:
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 W
�
closing of this transaction is contingent upon approval by the K8mnr08 County Board of County
CornnmisSion8rS, failing which the COUNTY and the Seller(s) Shm|| release one another of all
further obligations under this Agreement.
|N WITNESS WHEREOF, the Seller(s) have hereunto signed their names and affixed their respective
seals on the day first above written and therefore the GeUer/e\ for end in consideration of ��
` ' mu
Dollars ($10.00) henainabove acknowledge as received, have and do hereby grant unto the COUNTY
or its authorized repreaentabxe, or any other office or agent of the COUNTY authorized to purchase
said Less Than Fee Interest in |ond, the option and right to enter into this Agreement for Purchase �
within ninety (90) days from the execution thereof by the 8eUer(a), and to purchase the Less Than
Fee |ntgnmat as herein provided, providing said Purchase is duly approved by the Monroe County
Board of County Commissioners.
SeUer/Steven Swift, also nas Steven C' Swift �
�
/ C14
�
Signature -- Date Phone Number Email Address L6
Seller/Jennifer Swift
4
b|668tume - � Date Phone Number Ern@U Addnees 4kO ,4 �
Buyer/ COUNTY: MONROE COUNTY, FLORIDA �
KEV|N K8AOC)K' CPA, Clerk
By: �
Deputy Clerk Sylvia J. Murphy, Mayor
(Seal)
[}ate:
gPublic.net-Monroe County, FL Page 1 of 2
P.15.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
Parcel I 00202650-000000
Account# 1265969 IL
Property I 1265969
Millage Group 100H
Location Address VACANT LAN MARTINIQUE In,RAMROD KEY
Legal Description BK 5 LT 25 BREEZESWEPT BEACH ESTATES RAMROD KEY PB4-143 OR384-1076 OR1080-2418 OR1086-2244 OR1714-1518
(I`duL,s I`4o[Lu Ih a,,?d on dUCL1114 n I',)
Neighborhood 707
Property Class VACANT RES(0000)
Subdivision BREEZESWEPT BEACH ESTATES
Sec/Twp/Rng 32/66/29
Affordable Housing No
Owner
SVVirrSrl:VPN SVVlrraPNN11:PR
27386 Martinique In 27386 Martinique In
Summerland Key FL 33042 Summerland Key FL 33042 (/)
Valuation U)
4)
2018 2017 2016 2015 �
+ Market Improvement Value $0 $0 $0 $0 888
+ Market Misc Value $0 $0 $0 $0
+ Market Land Value $109,500 $82,500 $90,000 $67,500
= Just Market Value $109,500 $82,500 $90,000 $67,500
= Total Assessed Value $57,979 $52,708 $47,916 $43,560
- School Exempt Value $0 $0 $0 $0
= School Taxable Value $109,500 $82,500 $90,000 $67,500
Land 4)
N
Land Use Number of Units Unit Type Frontage Depth
RESIDENTIAL CANAL UNPERMITTED(01CM) 6,000.00 Square Foot 60 100co
�
Sales ef4
cv
Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacant or Improved
0
7/24/2001 $15,000 Warranty Deed 1714 1518 C-Unqualified Vacant
3/1/1989 $23,000 Warranty Deed 1086 2244 Q-Qualified Vacant L1
Map
" r` Svi�rah i
yg
�N
01
J
1 � �
f/// E
No data available for the following modules:Buildings,Commercial Buildings,Mobile Home Buildings,Yard Items,Exemptions,Permits,Sketches(click to enlarge),Photos.
Packet Pg. 2830
https:Hgpublic.schneidercorp.com/Application.aspx?AppID=605&LayerfD=9946&PageTy... 3/18/2019
gPublic.net-Monroe County, FL Page 2 of 2
P.15.b
11he Monroe C.oun'tyProl.re tyAppr�.u„er'..offiae dataonlprolper'tywi'than[heC::ounl:Y kl Iy''or the purpo..e of kiINll il:,rejponihili'ty'to Developed by
e<.ure+a ju t v eluaLion'or.id valorem Lax p urpo e. of all prolmefty wil:hhn died C:;ounl:y The Monroe C;ounfy Propeerfy Appr u,.e r'..office c<.snot i u gran te:+e:+
i[ i<r ura.icy for�.my crthe r Irurlro..e: ike w e^,d il:a provided i e„ardnC;one taxye:ar may nol:N�,ipplic.,ihle in prior or.uh.e^que nl:ye sir,: By reeque l:inc.', Sc r
,.u<h d�,ita,you hereby undo ml:and end�.igre e,^ the
I a,[Da'La l phad:3/9.W201I 9'I:'�S6'1 q,IV Ve i,ion 2.2.6
a
U)
U)
T
U)
0
IN
Cd
0
L
0
63
Packet Pg. 2831
https:Hgpublic.schneidercorp.com/Application.aspx?AppID=605&LayerfD=9946&PageTy... 3/18/2019