Item O9 0.9
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
June 19, 2019
Agenda Item Number: 0.9
Agenda Item Summary #5664
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 for purchase of a lot with a ROGO
exemption described as Block 35, Lot 9, Sands (PB 1-65) with parcel number 00304870-000000 for
density reduction purposes and as a back-up pump station site for $105,000.
ITEM BACKGROUND: This acquisition is proposed to protect property rights, to reduce density,
and to reduce the County's potential liability for takings suits. This property is one of those
proposed to be purchased under the County's density reduction initiative. The Monroe County Land
Authority (MCLA) negotiated the proposed agreement on the Board's behalf pursuant to an
interlocal agreement between MCLA and the County.
In addition to furthering the County's density reduction initiative, this property is also being
considered by Engineering Services as the back-up location for a pump station needed for the
County's Sea Level Rise Roadway and Drainage Pilot Project on Big Pine Key.
The subject property consists of a 5,000 square foot lot on the corner of Avenue F and Father Tony
Way on the bay side of Big Pine Key. The property is designated Tier 1 — Natural Area, is zoned
Improved Subdivision, was previously developed with a mobile home, and is currently undeveloped.
The County has recognized the property as ROGO exempt for one dwelling unit. The property
owners have agreed to sell the property for the price of $105,000. The estimated closing costs for
this transaction will be approximately $1,885.
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
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0.9
DOCUMENTATION:
SmithContract
SmithMCPAData
SmithROGOExemption
FINANCIAL IMPACT:
Effective Date: June 19, 2019
Expiration Date: None
Total Dollar Value of Contract: $105,000.00 plus estimated closing costs of$1,885.50
Total Cost to County: $106,885.50
Current Year Portion: $106,885.50
Budgeted: Yes
Source of Funds: 304 Funds infrastructure sales surtax
CPI: N/A
Indirect Costs: To be determined—mowing and maintenance
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: Yes, will be covered by County's liability policy
Additional Details: $105,000.00 plus closing costs estimated to be approximately $1,885.50
None
06/19/19 NEW COST CENTER ADDED $106,885.50
REVIEWED BY:
Bob Shillinger Completed 06/04/2019 4:12 PM
Budget and Finance Completed 06/04/2019 4:44 PM
Maria Slavik Completed 06/04/2019 4:50 PM
Kathy Peters Completed 06/04/2019 4:51 PM
Board of County Commissioners Pending 06/19/2019 9:00 AM
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AGREEMENT FOR THE PURCHASE OF LANDS
THIS AGREEMENT is made and entered into this day of , 2019, by
and between
Harold M. Smith, Catherine M. Smith, and Steven E. Smith
(hereinafter "Seller(s)"), for themselves, their heirs, executors, administrators, -successors and
assigns, and MONROE COUNTY, FLORIDA(hereinafter"COUNTY').
WITNESSETH:
1. In consideration of Ten Dollars ($10.00) in hand, paid by the COUNTY, the receipt of which is
hereby acknmMedged,the Seller(s)agree io sell to the COUNTY cer'ialn iands uponi the lei rs anld U
conditions hereinafter set forth, and for the price of $105,000.00 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:
EHock 35,Lot 9,Sands{PB 1-65)
RE#00304870-000000
2. The Seller(s) agree that they have full right, power and authority to convey, and that they will
convey to the COUNTY 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, c
telephone, telegraph, power transmission lines and public utilities.
The COUNTY, at the COUNTY'S expense, within the time allowed to deliver 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, cis
exceptions or qualification set forth herein. Marketable title shall be determined according to
applicable title standards adopted by authority of the Florida Bar and to accordance with taw. The
COUNTY shall have sixty(60) days from the effective date of this Agreement in which to examine
title. If title is found defective, the COUNTY 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 defeet(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.
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 COUNTY by
reasons of the unauthorized cutting or removal of products therefrom, or because of fire, shall be
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0.9.a
borne-by-the-Seller(s), and that, in-the event-any such-loss-or damage-occurs; the-COUNTY- 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 COUNTY 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 clairTIS
against the 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
COUNTY a good and sufficient deed of warranty conveying to the COUNTY a marketable title to
the said tands a#such ctwactex as to be to tk%e tegat cauRset at the CCU NTY 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 COUNTY governing the use, occupation, protection and administration
of lands. >-
6. In consideration whereof the COUNTY agrees that it will purchase all of said lands and other
-interests-at-the price-of $105,0W.00. The-COUNTY-further-agrees-that,-after-the.preparation,
execution, and delivery of the deed, and after the legal counsel of the COUNTY shall have
approved the title thus vested in the COUNTY, it will cause to be paid to the Seller(s)the purchase
price. The COUNTY shall pay the following expenses associated with the conveyance of the S
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-COUNTY, 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 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 COUNTY as of the date payment is made to the Seller(s) subject only
to the reservations stated in Section 2 above.
7. -It is-mutually.a_greed-that-an-abstract,-title-insurance-policy:car other evidence-of-title-to-the-property
herein contracted to be sold, satisfactory to the legal counsel of the COUNTY will be obtained by
the COUNTY at its expense. The Seller(s) expressly agree herein to furnish to the COUNTY 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.
cos
8. it small be the obhgabon of the Sellers)to pay all taxes and assessments mAstanding as liens at
the date title vests of record in the COUNTY, whether or not such taxes and assessments are then 0
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 email to the address provided by the Seller(s) or mail addressed to the Seller(s) at
the fallowing address:
1167 Lincoln Avenue with a copy to: Benjamin Daniels
Brooksville, FL 34604 RE/MAX All Keys Real Estate
ben inthekeys c@gmail.com
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and shalt-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 arty open building -permits or code enforcemient proceedings prior tv
closing.
12. 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.
13. if the Settec(s}wL,-h to VwepAri with this transactkon,the Setters}have untit May 2Q,2Q1 q to sign
and return this Agreement to the COUNTY. This Agreement may be executed in counterparts. M
Notwithstanding any provision of this Agreement to the contrary, the 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.
1N 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 E
or its authorized representative, or any other office or agent of the COUNTY authorized to purchase n
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.
Sell / Harold M. Smith
0
IL6
Signature Date Phone Number
Seller/ 9,atherine M. Smith
Signature Phone lNumber
�s
Seller/ Steven E. Smith
70/
Signature Date Phone Number �
Buyer/COUNTY: MONROE COUNTY, FLORIDA
ATTEST: Kevin Madok, CPA, Clerk
By:
Deputy Clerk Sylvia Murphy, Mayor
{Seal)
Date:
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gPublic.net-Monroe County, FL Page 1 of 2
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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
Parcel ID 00304870-000000
Account# 1376931 1i d
Property ID 1376931
Millage Group 100H f
Location Address 220 FATHERTONYWay,BIG PINE KEY ���
Legal Description BK 35 LT 9 SANDS SUB PB I-65 BIG PINE KEY OR382-156/1570R382-815E OR592-650R661-
580 OR772 1142 OR845 1791 OR845-1791 OR1064-219R/S
c,
(I`du k:I`do L Cu hw a:¢d on I�Nal docuri W nC�)
Neighborhood 549
Property Class VACANT RES(0000)
Subdivision SANDSSUBD
Sec/Twp/Rng 25/66/29
Affordable No _
Housing (/)
Owner
SMITH HAROLD M SMITH CATHERINE M SMI fI-i S r PVP N I:::
1167 Lincoln Ave U)
Brooksville FL 34604
Valuation
2018 2017 2016 2015
+ Market Improvement Value $0 $40,229 $40,202 $41,889
+ Market Misc Value $0 $744 $789 $706
+ Market Land Value $82,500 $76,250 $52,500 $47,500
= Just Market Value $82,500 $117,223 $93,491 $90,095 t6
= Total Assessed Value $39,752 $77,111 $70,101 $63,729 -19
- School Exempt Value $0 $0 $0 $0 0
0
= School Taxable Value $82,500 $117,223 $93,491 $90,095
Land
Land Use Number of Units Unit Type Frontage Depth
PERMITTED SFR DRY(01DP) 5,000.00 Square Foot 50 100
Sales
Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacantor Improved
8/1/1988 $35,000 Warranty Deed 1064 219 U-Unqualified Improved
12/1/1981 $17,500 Warranty Deed 845 1791 Q-Qualified Improved fn
9/1/1978 $2,900 Conversion Code 772 1142 Q-Qualified Vacant
Permits
Number Date Issued Date Completed Amount Permit Type
Notes 0
19100581 3/27/2019 1/18/2018 $1,000 Residential ATF-DEMO MOBILE HOME
04103333 7/16/2004 12/30/2004 $0 Residential UPGRADE EXISTING SERVICE TO 200 AMP UNDERGROUND&RELOCATE POLE TO FRONTOF
RESIDENCE
View Tax Info
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Photos
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e<.ure+a ju t v eluation for rid valore.in Lax purpo e. of all property withhn tIhee(:ouni y The Monroe(C ounty Property Appr d..e+r'..office c<.innot
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County of Monroe
Planning&Environmental Resources Board of Countv Commissioners
Department Mayor David Rice,District 4
2798 Overseas Highway,Suite 410 �� Mayor Pro Tern Sylvia J.Murphy,Dist.5
Marathon,FL 33050 �'0���� Danny L.Kolhage,District 1
Voice: (305)289-2500 10, Q'; � '�' > George Neugent,District 2
FAX: (305)289-2536 �� �; Heather Carruthers,District 3
a
We strive to be caring,professional and fair
March 11, 2019
joykeysl3@att.net _
Joyce Thomas �
0
PO Box 431806
Big Pine Key, FL 33043
RE: ROGO Exemption Request(File#2019-R012)for property located at 220 Father Tony Way,
Big Pine Key, legally described as Block 35, Lot 9, Sands Subdivision, Big Pine Key,
�s
according to the Plat thereof, recorded in Plat Book 1, Page 65, of the Public Records of
Monroe County, Florida, having Real Estate Number 00304870-000000.
Ms. Thomas: E
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. W
Pursuant to Section 138-22 of the Monroe County Land Development Code, the redevelopment, c
rehabilitation or replacement of any lawfully established dwelling unit or space that does not increase L
the number of dwelling units above that which existed on the site prior to the redevelopment 19
rehabilitation or replacement shall be exempt from the residential ROGO system.
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 Land E
Development Code requires a body of evidence to support the existence of the dwelling unit on or about 0
July 13, 1992, the effective date of the original ROGO. Any Monroe County building permit(s) for the W
original construction of the structure confirming the existence of the dwelling unit and its use(s) on or a
about July 13, 1992 can stand as the only piece of evidence for a ROGO exemption.
No building permit(s) or certificate of occupancy was provided by the applicant or found by staff in
the County records confirming the existence of the dwelling unit and its use(s) on or about July 13,
1992. E
If there are no building permit(s) for the original construction of the structure, in order to grant an
exemption, at least two of the following documents supporting the lawful existence of the dwelling unit
must be found:
(1) Any other issued Monroe County building permit(s) supporting the existence of the structure(s) and
its use(s) on or about July 13, 1992:
The following table organizes relevant building permits by date issued:
ROGO Exemption Request File 4 [2019-R012], [220 Father Tony Way], [Big Pine Key] Packet Pg. 1424
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Permit No. Date Issued Description
B446 6/2/1975 Modular home tie downs
A9109 1/26/1982 Repair electrical
041-3333 7/16/2004 Upgrade electrical service
191-0581 2/15/2019 Demolish mobile home
applied
County permits support the existence of the structure(s)and its residential use(s)on or about July 13,
1992. 0
�s
(2) Documentation from the Monroe County Property Appraiser's Office indicating residential use on
or about July 13, 1992: W
The Property Appraiser currently assesses the property under a property classification code of 00-
vacant residential. Their 2009 records indicate that a mobile home was on the tax roll from 1982 to (n
2008. One (1) building, with a year built date of 1975, was attributed to the property. In addition W
the property received a homestead exemption from 1983 to 1999.
County Property Appraiser's documentation indicates residential use on or about July 13, 1992. (n
U)
(3) Aerial photographs (to confirm the number of structures, not the number or type of dwelling units)
and original dated photographs showing the structures) existed on or about July 13, 1992:
Aerial photography from 1975 to 2017 confirms the continuous existence of a structure on the T
property. As a note, aerial photography can only confirm the number of structures, not the number
of dwelling units, in existence at any given time. M
(4) Residential county directory entries on or about July 13, 1992:
Residential county directory entries were not reviewed by Planning Department staff for the years
1991 and 1992. c
(5) Rental, occupancy or lease records on or about July 13, 1992, indicating the number, type and term X
of the rental or occupancy: 0
No occupancy or lease records were provided by the applicant for review. 0
(6) State and/or county licenses on or about July 13, 1992, indicating the number and types of rental
units: (n
No state or county licenses were provided by the applicant for review.
E
(7) Documentation from the utility providers indicating the type of service (commercial or residential)
provided and the number of meters in existence on or about July 13, 1992:
Keys Energy Services and Florida Keys Aqueduct Authority records were not reviewed.
(8) Similar supporting documentation not listed above as determined suitable by the planning director:
Land Use(Zoning)District:From 1986 to present,the property is located in an Improved Subdivision
(IS)land use district,in which residential dwelling is a permitted use. From 1973 to 1986 the zoning
was RU-1, single family residential.
The 1988 mobile home study indicates that this parcel was occupied by a mobile home in 1988.
ROGO Exemption Request File 4 [2019-R012], [220 Father Tony Way], [Big Pine Key] Packet Pg. 1425
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Based on a review of the records, the Planning & Environmental Resources Department has determined
that 1 dwelling unit was lawfully-established on the subject property on or about July 13, 1992 (the
effective date of the Residential Rate of Growth Ordinance -ROGO). Therefore, the subject property is
exempt from the ROGO permit allocation system.
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
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 I may further assist you,please feel 0
free to contact the Planning & Environmental Resources Department at (305) 289-2500.
U
Sincerely,
Liz Lustberg, Planner
(s
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ROGO Exemption Request File 4 [2019-R012], [220 Father Tony Way], [Big Pine Key] Packet Pg. 1426