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Item O5 0.5 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: 0.5 Agenda Item Summary #5654 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 10, Lot 16, Breezeswept Beach Estates (PB 4-143) with parcel number 00204040-000000 and a purchase price of$99,999 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 canal lot on Tobago 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 mowed lot with shade trees and a mangrove fringe along the canal and is developed with accessory structures. 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. Since there is no separate market land value listed for Lot 16, the $99,999 purchase price is based on the $109,500 current market land value indicated on the Monroe County Property Appraiser's website for a comparable lot (Block 11, Lot 5). The estimated closing costs for this transaction will be approximately $1,250. Once the proposed transaction closes, the Seller will continue to own the lot and may use it in conjuction with his 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. Packet Pg. 1374 0.5 CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: TobagoLaneContract TobagoLaneMCPAData TobagoLaneCompBlockI 1 Lot5 FINANCIAL IMPACT: Effective Date: June 19, 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 06/19/19 NEW COST CENTER ADDED $101,249.00 REVIEWED BY: Charles Pattison Completed 06/03/2019 12:15 PM Paunece Scull Completed 06/03/2019 3:37 PM Budget and Finance Completed 06/03/2019 4:05 PM Maria Slavik Completed 06/04/2019 7:51 AM Kathy Peters Completed 06/04/2019 9:25 AM Board of County Commissioners Pending 06/19/2019 9:00 AM Packet Pg. 1375 O.5.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 Tobago Lane, LLC IL (hereinafter "Seller(s)"), for themselves, their heirs, executors, administrators, successors and assigns, and MONROE COUNTY, FLORIDA (hereinafter "COUNTY"). WITNESSETH: cas 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, that is currently developed with a residential dwelling unit and is more particularly described as follows; to-wit: Block 10, Lot 17, Breezeswept Beach Estates (PB 4-143) and adjacent parcel, more particularly described in Exhibit A. RE #00204040-000000 U The Seller(s) represent they are also the owners of the following parcel (hereinafter "Secondary Parcel") 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 10, Lot 16, Breezeswept Beach Estates (PB 4-143) and adjacent parcel, more particularly described in Exhibit B. RE #00204040-000000 U 0 N 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 Parcel owned by Seller, upon the terms and conditions 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 (hereinafter collectively "Less Than Fee Interest") on the Secondary Parcel. 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 Parcel 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 Parcel. The COUNTY may, at its option during the time permitted for examination of title, have the Secondary Parcel surveyed and certified by a registered Florida surveyor. If the survey or O & E report disclose encroachments on the Secondary Parcel or the existence of improvements located thereon, or any other restrictions, contract covenants, liens, 1i Packet Pg. 1376 O.5.a transfers of development rights, or applicable governmental regulations, deemed not acceptable to the COUNTY, the same shall constitute a title defect. 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 a. 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. cis 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. 0 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 Parcel for all proper and lawful purposes, including examination of the Secondary Parcel 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 U) Primary Parcel or the Secondary Parcel. 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 Parcel 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 N 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 (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 $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. 0 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 0 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 2 Packet Pg. 1377 O.5.a 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. 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: Lianne Lazetera, Esquire Schlesinger Lazetera &Auchincloss LLP 535 Madison Avenue New York, NY 10022 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. [The remainder of this page is intentionally blank.] U c� 3 U) 0 N 0 3 Packet Pg. 1378 O.5.a 11. If the Seller(s) wishes to proceed with this transaction, the Seller(s) have until May 30, 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 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 IL 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. Seller/Tobago Lane, LLC By: Sanford J. Schlesinger, Manager 0 of ure C tW PhoneSsc ��Ins ( �'i� fl tuber Email Address U) Buyer/ COUNTY: MONROE COUNTY, FLORIDA KEVIN MADOK, CPA, Clerk U) 0 N By: Deputy Clerk Sylvia J. Murphy, Mayor (Seal) Date:. 4 Packet Pg. 1379 EXHIBIT A 0 W Lot 17, Block 10, BREEZESWEPT BEACH ESTATES, a Subdivision according a. W W to the Plat thereof as recorded in Plat Book 4, page 143 of the Public Records of U- Monroe County, Florida; z ALSO: W Being that portion shown on the Plat of Breczeswept Beach Estates is is listed as 11not a pan of this plat" that abuts Lot 17, Block 10, of BREEZESWEPT BEACH ESTATES, according tote Plat thereof as recorded in Plat Book 4, page 143 of the Public Records of Monroe County, Florida and more particularly 0 described as follows, to it: 0 Beginfiing at the SE comer of said Lot 17, BREEZESWEPT BEACH ESTATES, as Recorded in Plat Book 4, at Page 143; from the point of the beginning then U) out 35 feet to the edge of the Canal, thence West to the North boundary of W the canal 60 feet, then 55 feet to the SW comer of said Lot 17, then meandering the Southerly boundary of Lot 17 as shown on said plat recorded in Plat Book 4, at page 143, back to ffic beginning. U) 0 N E Packet Pg. 1380 EXHIBIT B 0 W Lot 16, Block 10, BREEZESWEPT BEACH ESTATES, a-Subdivision according a. W W to the Plat thereof as recorded in Plat Book 4, page 143 of the Public Records z Monroe County, Florida; < ALSO: W Being that portion shown on the Plat of Breezeswept Beach Estates is is listed as Itnot a part of this plat" that abuts Lot 16, Block 10, of BREEZESWEPT BEACH ESTATES, according to the Plat thereof as recorded in It Book 4, page 143 of the Public Records of Monroe County, Florida and more particularly 0 described as follows, to wit: 0 All that certain parcel of land south of and adjacent to Lot 16, Block 10, Breeieswept Beach Estates, according to the Plat thereof as recorded in Plat Book W 4, Pa e 143 of the Public Records of Monroe County, Florida and being bounded on the North by the platted remnarit shoreline of said Lot 16 and on the south by the shoreline of an existing canal, containing 3,240 square feet, more or less. U) 0 N 0 E Packet Pg. 1381 gPublic.net-Monroe County, FL Pagel of 3 0.5.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. LL Summary Parcel ID 00204040-000000 Account# 1267350 1y Property lD 1267350 Millage Group 100Hj ���r Location 27356 TOBAGO In,RAMROD KEY Address Legal BK 10 LT 16AND 17 BREEZESWEPT BEACH ESTATES P134-143 RAMROD KEY OR215-325/26 J ir, Description OR220410 OR53977 OR782-912 OR801-1937 OR811-2297 OR854-753 OR1090-2170/71 OR1188-974/75 OR15552074/75 OR1757-1403/AFF OR1757-1404/05C OR2584-457/62F/1 yV OR2589-1399/401 OR2601-198/200 (I`do[, I`do[Lo Ih, a,?d on ducurrI'nI',) Neighborhood 707 4� Property Class SINGLE FAM ILY RESI D(0100) Subdivision BREEZESWEPT BEACH ESTATES ,/ir 0 Sec/Twp/Rng 32/66/29 ,�%d,,, Affordable No - °�- Housing1267350 20121 U) Owner TOBAGO LANE LLC C/O SCHLESINGER GANNON AND LAZETERA LLP U) 535 MADISON AVE NEW YORK NY 10022 Valuation 2018 2017 2016 2015 + Market Improvement Value $11$280 $120,100 $105,234 $109,014 + Market Misc Value $5,088 $5,162 $4,385 $3,811 + Market Land Value $328,500 $289,500 $291,000 $217,500 U) = Just Market Value $451,868 $414,762 $400,619 $330,325 4) = Total Assessed Value $439,662 $399,693 $363,357 $330,325 4) - School Exempt Value $0 $0 $0 $0 2 = School Taxable Value $451,868 $414,762 $400,619 $330,325 Land Land Use Number of Units Unit Type Frontage Depth RESIDENTIAL CANAL(010C) 6,000.00 Square Foot 60 100 RESIDENTIAL CANAL UNPERMITTED(01CM) 6,000.00 Square Foot 60 100 Buildings Building ID 13164 Exterior Walls WD FRAME co Style STILT 1 STORY Year Built 1981 Building Type S.F.R.-R1/R1 EffectiveYearBuilt 1988 Gross Sq Ft 2776 Foundation CONC BLOCK Finished Sq Ft 960 Roof Type GABLE/HIP Stories 1Floor Roof Coverage ASPHALTSHINGL Condition AVERAGE Flooring Type CONC S/B GRND Perimeter 128 Heating Type NONEwith O%NONE Functional Ohs 0 Bedrooms 2 Economic Ohs 0 Full Bathrooms 2 Depreciation% 35 Half Bathrooms 1 M Interior Walls WALL BD/WD WAL Grade 450 Number of Fire PI 0 Code Description Sketch Area Fin ishedArea Perimeter ELF ELV FIN FD 424 0 0 SPX EXEC SC PORCH 192 0 0 FLA FLOOR LIV AREA 960 960 0 OPF OP PRCH FIN LL 192 0 0 OUF OP PRCH FIN UL 472 0 0 SBF UTIL FIN BILK 536 0 0 f� TOTAL 2,776 960 0 � Packet Pg. 1382 https:Hgpublic.schneidercorp.com/Application.aspx?AppID=605&LayerfD=9946&PageTy... 1/15/2019 gPublic.net-Monroe County, FL Page 2 of 3 0.5.b Yard Items Description Year Built Roll Year Quantity Units Grade WOOD DOCKS 1984 1985 1 180 SF 3 CONC PATIO 1994 1995 1 30 SF 1 UTILITYBLDG 1999 2000 1 180 SF 2 Sales Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacant or Improved IL 11/15/2012 $100 Quit Claim Deed 2601 198 11-Unqualified Improved 9/12/2012 $345,000 Warranty Deed 2589 1399 32-Unqualified Improved 10/1/1991 $92,100 Warranty Deed 1188 974 Q-Qualified Improved LL 4/1/1989 $100,000 Warranty Deed 1090 2170 Q-Qualified Improved 11/1/1979 $8,000 Conversion Code 801 1937 Q-Qualified Vacant Permits Number 0 Date Issued 0 Date Completed 0 Amount 0 Permit Type 0 Notes 0 04104808 10/25/2004 4/5/2005 $4,125 Central A/C installation 981854 10/29/1998 12/2/1999 $3,995 ROOFING (� 92-3953 1/1/1992 12/1/1992 $1,245 CONCRETE SLAB 81-8194 4/1/1981 4/1/1981 $43,200 Residential SFR Sketches(click to enlarge) 4� 0 0 U) U) 4 4 OPF OUF SPX 00F (192) 8 8 (208) (192) 8 (80) 24 24 CL SBF FLA 20 �y (496) (960) r° 12 U) 17 N 25 4 13 10 2 52 3 _ SBF 40 126 L-LF) 6 4 (424) 4 7 7 S F 21 4) 18 13 22 4� 4� 24 24 4 IL 4 (184) 28 0 CD fD 0 Photos 4� Packet Pg. 1383 https:Hgpublic.schneidercorp.com/Application.aspx?AppID=605&LayerfD=9946&PageTy... 1/15/2019 gPublic.net-Monroe County, FL Page 3 of 3 0.5.b y '�i � '� � ��fi' �1��1\\\\�llll`�����j uuuuuuuupuplplplplplplplplpipipipipugppppuil9111111111 ul %� � i>' iuuulllllll IIIIII IIIIi 0 IrV a oil 1267 50 201211��' i'I ire, iir�o �I�� z Map t mm 1 � r TRIM Notice CO irllnNotice U) 'aChT"i}pVer[fe r*�f`irly N No data available for the following modules:Commercial Buildings,Mobile Home Buildings,Exemptions. The Monroe(.oun'tyProlpe tyAppr�.u..e.r..o'ffiae l:molpe tywi'than[he(ounry.:okely'tor the purpo..e o�kdN1hni�.,,, re.,jponuJhikyto Developed by e<.ure+a ju t v eluation for rid val)re.in Lax l.rurlpo e. of all property withhn flied(:ounty.The Monroe(C ounty Property Appr u..em's office c<.innot i[.. for�.iny o he r Irurlro..e: ike w e^,d i[a provided i e„a ;one e tax year may no he �,ipphca,Jk in prior or.uh..e^que nr ye sir.: By reeque.;.hnC,,,,, SchtI —0 ..u<h d�ita,you hereby undo r..[and ind Tigre e,^ti��[the �� � I.u,P D,a'ta Ujpkwd ] VV2019 ViflAO AM � 0 6-3 0 Packet Pg. 1384 https:Hgpublic.schneidercorp.com/Application.aspx?AppID=605&LayerfD=9946&PageTy... 1/15/2019 gPublic.net-Monroe County, FL Page 1 of 2 0.5.c „ U Public." 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. LL By continuing into this site you assert that you have read and agree to the above statement. Summary Parcel I 00204160-000000 (/) Account# 1267473 Property I 1267473 Millage Group 100H Location Address VACANT LAN JAMAICA In,RAMROD KEY Legal Description BK 11 LT 5 BREEZESWEPT BEACH ESTATES RAMROD KEY P134-143 OR215-326 OR513-269 OR764-505 OR1055-1560 OR1104-853 OR1118-1464C (I`duLrs I`4o[Lu Ih r u,,?d on Ir pal dOLUl4 n Cs,) Neighborhood 707 Property Class VACANT RES(0000) Subdivision BREEZESWEPT BEACH ESTATES Sec/Twp/Rng 32/66/29 Affordable Housing No Owner 0 HUDEK III JOSEPH D 4107 W Empedrado St Tampa FL 33629 U) Valuation U) 2018 2017 2016 2015 + Market Improvement Value $0 $0 $0 $0 + Market Misc Value $0 $0 $0 $0 4� + Market Land Value $109,500 $82,500 $90,000 $67,500 GS = Just Market Value $109,500 $82,500 $90,000 $67,500 = Total Assessed Value $26,573 $24,157 $21,961 $19,965 CL - School Exempt Value $0 $0 $0 $0 4) = School Taxable Value $109,500 $82,500 $90,000 $67,500 U) 0 N Land Land Use Number of Units Unit Type Frontage Depth RESIDENTIAL CANAL UNPERMITTED(01CM) 6,000.00 Square Foot 60 100 Sales Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacant or Improved 6/1/1988 $40,000 Warranty Deed 1055 1560 M-Unqualified Vacant Map co LO of ;i c J i a� TRIM Notice IrilnNotice 'I018kgoLite* f`irly Packet Pg. 1385 https:Hgpublic.schneidercorp.com/Application.aspx?AppID=605&LayerfD=9946&PageTy... 1/16/2019 gPublic.net-Monroe County, FL Page 2 of 2 O.5.c No data available for the following modules:Buildings,Commercial Buildings,Mobile Home Buildings,Yard Items,Exemptions,Permits,Sketches(click to enlarge),Photos. I he Monroe C ounty Propemty Appr a e r'..office 1prolpe ty witMn:he(:ourdy oke ly for:he purpo..e of l'uINII t I 1:y:o Developed by e cure+a ju t valuation for:id val)re.in tax I.rurl.ro e. of all property wil:h n:he:(:ounty.I he:Monroe(.;ounty Property Appr d..e+r';a office cannot i u rrante:e: i[.. or�.rny crthe r purpo..e: ike wi e^,d il:a provided i e^„ardni;one Caxye:ar inay nol:he �,rpphc.ahle,^in prior or suh..e^que:nl:ye err.: By re:que.;.Ci rqySchr ..uc h d�,rta,you hereby undo r..[and rnd�.igre e,^tier[Hhe S c 1.i,Pi,a'allpkwd.]./ 6/10191A£ A7AM W IL 0 0 U) U) T CL U) 4) 0 0 63 LO 0 0 0 0 0 Packet Pg. 1386 https:Hgpublic.schneidercorp.com/Application.aspx?AppID=605&LayerfD=9946&PageTy... 1/16/2019