Item O6 0.6
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: 0.6
Agenda Item Summary #5658
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 18, Summerland Estates Re-Subdivision No. 2 (PB 4-2) with parcel number 00200220-
000000 and a purchase price of$19,841 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 5,500 square foot lot on 46th Street on the ocean side of
Summerland Key near mile marker 25. The property is designated Tier 1 — Natural Area and is
zoned Improved Subdivision. The property is a mowed lot with no accessory structures. The
Seller's house encroaches on the property by approximately six feet.
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 $19,841. Since there is no separate market land value listed for
Lot 18, the $19,841 purchase price is based on the $19,841 current market land value indicated on
the Monroe County Property Appraiser's website for a comparable lot in the same subdivision
(Block 5, Lot 14). 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 her existing house on her 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.
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CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
MerkeyContract
MerkeyMCPAData
MerkeyCompBlock5 Lot 14
FINANCIAL IMPACT:
Effective Date: June 19, 2019
Expiration Date: None
Total Dollar Value of Contract: $19,841.00 plus estimated closing costs of$1,250.00
Total Cost to County: $21,091.00
Current Year Portion: $21,091.00
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: $19,841.00 plus closing costs estimated to be approximately $1,250.00
None
06/19/19 NEW COST CENTER ADDED $21,091.00
REVIEWED BY:
Charles Pattison Completed 06/03/2019 3:04 PM
Paunece Scull Completed 06/03/2019 3:11 PM
Budget and Finance Completed 06/03/2019 3:26 PM
Maria Slavik Completed 06/04/2019 7:52 AM
Kathy Peters Completed 06/04/2019 9:26 AM
Board of County Commissioners Pending 06/19/2019 9:00 AM
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AGREEMENT FOR THE PURCHASE DF LESS THAN FEE INTEREST |NLANDS
THIS AGREEMENT is made and entered into this day of 2019. by
and between
Glenn M. Markey
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(hereinafter "8e||er(S)^), for themselves, their heirs, executore, administrators, ouco�esor� and ��
assigns, and K80NFl[)E CDUNTY, FLORIDA (hereinafter "COUNTY"\. U_
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1. The Seller(s) represent they are the owners of the following parcel (hereinafter "Primary Parcel") W
th8reunto be|onging. OvvnBd by th8m, situate and lying in the County Of K8nnrVe. State of Florida, -^
that is currently developed with 8 residential dwelling unit and is more particularly described as
follows; to-wit:
Block 5, Lot19. 8ummmmmr|and Estates Re-Subdivision No. 3 /PB4-2\ n�
RE #OU2O022O'OO000O 6
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The Seller(s) represent they are also the owners of the following parcel (hereinafter "Secondary
Pa[c8|^) thereunto be|OOging. owned by [henn, situate and lying in the County of Monroe, State of
Florida, that borders the Primary Parcel and is currently not developed with a residential dwelling
unit 0r any other habitable space and iS more particularly described ee follows; tO-vvit
Block 5, Lot18, Sunmmmer|and Estates Re-Subdivision No. 2 /PB4-2\
RE #OO2OO22O-OOOOOO
2. In consideration Of Ten [)V||arg ($10.00) in hand, paid by the COUNTY, the receipt of which is mu
hereby 8CkOOxv|edged. the Seller(s) agree to sell to the COUNTY certain property rights
associated with the Secondary Parcel owned by Ge||8r, upon the terms and conditions hereinafter
set forth, and for the price of $19.841'00. TheGe||er(e) covenant tosurrender, re|enae, relinquish
and transfer any and all of the Ge||er(S)'s property rights to develop:
a\ residential dwelling unite; and C6
b\ accessory structures providing detached habitable space
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(hereinafter collectively "Less Than Fee Interest") on the Secondary Parcel. L6
3. The BeUer/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 `~
eerviant estate of the Secondary Parcel with the Primary Pgrce|, subject to the fO||Ovving conditions
and obligations:
The COUNTY, at the C(]UNTY'S expense, shall have atido report COnonnioaioned to allow the
COUNTY or its agent to examine all record detail of the ownership and encumbrances ({} & E)
affecting title tOthe Secondary Parcel. The COUNTY may, at its option during the time permitted �
for examination of title, have the Secondary P@rC8| surveyed and certified by @ registered Florida
surveyor. If the survey or (] & E report disclose encroachments on the Secondary Parcel or the
existence of improvements located thereon, or any other nestrictionS, contract covenants, liens,
transfers 0f development rights, or applicable governmental regu|8tione, deemed not acceptable to
the COUNTY, the same shall constitute a title defect. +^
1
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The COUNTY shall have sixty (60) days from the effective date of this Agreement inwhich to
examine the O & E of Seller's title. If title is found defective, as determined in the sole discretion
of COUNTY, the COUNTY ohmU, within this specified time period, notify Seller(s) in writing
specifying defe[t(S). If the defect(e) 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 aJ.
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 m[
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accepting the title aSit then iSOr rescinding the Agreement herein. mu
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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 oc
Agreement is pending. In the event any such dinninution, encumbrance or other impairment
occurs, the COUNTY may, without |iabi|ity, refuse to accept conveyance of said Less Than Fee W
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Interest.
5. The Seller(s) further agree that during the period covered by this instrument officers and
accredited agents of the COUNTY eho|| 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 6
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construed to constitute an acceptance of any existing or future code or building violation on the
Primary Parcel Or the Secondary p@rC8|. This provision ehe|| survive closing. The Seller(s)
hereby waive their rights to any and all C|8imS against the COUNTY or the State of Florida
associated vvith, or arising from ownership of. the Secondary P@ro8| and this waiver shall survive
closing.
G. The Seller(s) will execute and deliver upon demand of the proper OffiCi@|S and agents of the
COUNTY the h}UVxxng documents conveying to the COUNTY all of Seller's Leas Than Fee
Interest in a manner satisfactory to the legal counsel of the COUNTY:
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@) Covenant of Unity of Title and Restrictions on Future Development and/or Conveyances
(hereinafter"Covenant nf Unity of Title doounnent'')
b\ Joinder of Mortgagee (if applicable)
C\ Joinder Of Non-Mortgagee Encumbrance Holder (if applicable)
d\ Grantor's Affidavit ofNo Encumbrance (if neither borc above applies)
e> Affidavit Of Trustee (if land owned byaTrust) C6
D Application to Monroe County Property Appraiser bJ Consolidate Real Estate Parcels
7. In consideration whereof the COUNTY agrees that it will purchase all of said Less Than Fee L6
Interest at the price Of $19.841.00. The COUNTY further agrees that after the preparation,
eweuution, and delivery of the documents enumerated above, and after the |Bge| counsel of the ~�
COUNTY shall have approved the documentation releasing the Laea 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, |8SS any COStS of closing payable by Seller, as set forth below.
The COUNTY shall pay the fnUOvvinQ expenses associated with the conveyance of the L8SS Than
Fee Interest: recording fees for the documents listed in Section O. settlement fees, [) & E report
feeS, title examination fees, and the Buyer's attorney'ehaea. The Seller(s) Sh8U pay the nao| estate �
connnoieeions, if any are due. Full transfer, surrender and pQSSe8SiOn of the development rights
described above eheU pass to the COUNTY as of the date payment is made to the Seller(s)
subject only to the reservations stated in Section 8b0wa.
O. It shall be the obligation of the Seller(s) to pay any assessments outstanding as liens due tothe +^
County at the date the Less Than Foe Interest vests of record in the COUNTY.
2
S. 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:
318 46thSineat
Summmneriand Key' FL 33042 0
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and shall be effective upon date Of ennai|ing or mailing and shall be binding upon all of the mu
Seller(s) without sending a separate notice to each, except as such obligation may be affected by U-
the provisions of Section G herein.
10 The effective date of this Agreement ehu|| be that date when the last one of the Seller(s) and the
COUNTY has signed this Agreement. W
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11, If the Seller(s) wishes to proceed with this transaction, the Seller(s) have until May 30, 2013 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
ConnnniSSiOnerS, failing which the COUNTY and the Seller(s) shall release one another Of all 6
further obligations under this Agreenn�nt� —
|N WITNESS WHEREOF, the Ge||er(a) 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) herminebowe acknowledge as neceived, have and do hereby grant unto the COUNTY
Or its authorized repreaentativo, or any other office or agent of the COUNTY authorized to purchase �
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said Lees Than Fee Interest in |8nd, the option and right to enter into this Agreement for Purchase
within ninety (SO) days from the execution thereof bythe Se||er(S), and to purchase the Less Than
Fee Interest as herein prVvided, providing said Purchase is duly approved by the Monroe County
Board of County Commissioners. mu
'Zienn M. Merkey
4244
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Signature Phone Number Email Address C6
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Buyer/ C{}UNTY: K8[}NRC}E C(}UNTY, FLORIDA
KEV|N MAOOK, CPA. Clerk
By:
Deputy Clerk Sylvia J. Murphy, Mayor
(Seal)
Date:
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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.
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Summary
Parcel ID 00200220-000000
Account# 1263532 -
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Property ID 1263532 Q GI'k'
Millage Group 120C
Location 31846TH St,SUMMERLAND KEY
Address
Legal SUMMERLAND EST RE-SUB#2 P134-2 SUMMERLAND KEY LOTS 18&19 BILK 5 OR530-202 RE
Description 20021 COMBINED FOR 1982 PER OWNER REQUEST SF 10-25-82OR903-582OR1001-1144(VE) >%
OR1507-2408(1B) ���' ,,�' ��" Y i� � 'y 14a
4)
(I`du C� I`doR Ru h� u red on I�Nal docrua.7�n Cs,) /r (J I su. � �
Neighborhood 739
Property Class SINGLE FAMILY RESID(0100)
Subdivision SUMMERLAND ESTATES RESUBD#2 �i�YJ���lrJ��iieJvyi
See/Twp/Rng 36/66/28 �,?ilY�yli i '%) ���%i� I"Jell C'N
Affordable No �'� ��i ii/J,, 6
Housing t
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318 46th St
Summerland Key FL 33042 (/)
Valuation
2018 2017 2016 2015 U)
+ Market Improvement Value $125,606 $125,606 $108,290 $112,971 4)
+ Market Misc Value $4,320 $4,320 $4,319 $3,755
+ Market Land Value $180,180 $202,703 $142,328 $98,852
= Just Market Value $310,106 $332,629 $254,937 $215,578
= Total Assessed Value $90,237 $88,381 $86,564 $85,962
- School Exempt Value ($25,000) ($25,000) ($25,000) ($25,000)
= School Taxable Value $65,237 $63,381 $61,564 $60,962
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Land
Land Use Number of Units Unit Type Frontage Depth
RESIDENTIAL DRY(010D) 11,000.00 Square Foot 100 110
0
Buildings
BuildinglD 12989 Exterior Walls C.B.S. L
Style GROUND LEVEL Year Built 1958
Building Type S.F.R.-R1/R1 EffectiveYearBuilt 1978
Gross Sq Ft 1377 Foundation CONCRETE SLAB
Finished Sq Ft 1237 Roof Type FLATORSHED
Stories 2Floor Roof Coverage MIN/PAINTCONC
Condition AVERAGE Flooring Type CONCABOVEGRD 4�
Perimeter 196 Heating Type NONEwith O%NONE
4�
Functional Ohs 0 Bedrooms 2
Economic Ohs 0 Full Bathrooms 1
Depreciation% 40 Half Bathrooms 0
Interior Walls DRYWALL Grade 500 (�
Number of Fire PI 0
Code Description Sketch Area Fin ishedArea Perimeter
FLA FLOOR LIV AREA 1,237 1,237 0 4)
SBF UTIL FIN BILK 140 0 0
TOTAL 1,377 1,237 0
Yard Items
Description Year Built Roll Year Quantity Units Grade
CONC PATIO 1980 2006 1 285 SF 2
CH LINK FENCE 1980 2006 1 400SF 2
CH LINK FENCE 1990 2006 1 440SF 2
CONC PATIO 1980 2006 1 572SF 2
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Sales
Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacant or Improved
4/1/1998 $113,000 Warranty Deed 1507 2408 U-Unqualified Improved
1/1/1987 $60,000 Warranty Deed 1001 1144 Q-Qualified Improved
1/1/1984 $40,000 Warranty Deed 903 582 Q-Qualified Improved
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0.6.c
„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. LL
By continuing into this site you assert that you have read and agree to the above statement.
Summary
Parcel I 00200170-000000 (/)
Account# 1263486 f�
Property I 1263486
Millage Group 120C
Location Address VACANT LAN 46TH St,SUMMERLAND KEY 31
Legal Description BK 5 LT 14SUMMERLAND EST RE-SUB#2 SUMMERLAND KEY PB4-2OR542-648 OR931-1392 4)
(I`duL,s I`4o[Lu Ih, a,,?d on dOCUN4n 1',) -19
Neighborhood 739
Property Class VACANT RES(0000)
Subdivision SUMMERLAND ESTATES RESUBD#2
Sec/Twp/Rng 36/66/28 Cd
Affordable Housing No
Owner
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NOVACIa €ROBI:kr a
339 Gorge View Dr °gay
Blowing Rock NC 28605
Valuation
2018 2017 2016 2015
+ Market Improvement Value $0 $0 $0 $0
+ Market Misc Value $0 $0 $0 $0
+ Market Land Value $19,841 $19,841 $20,517 $18,963 U)
= Just Market Value $19,841 $19,841 $20,517 $18,963 4)
= Total Assessed Value $9,248 $8,407 $7,643 $6,949
- School Exempt Value $0 $0 $0 $0 U)
= School Taxable Value $19,841 $19,841 $20,517 $18,963
Land
Land Use Number of Units Unit Type Frontage Depth
RESIDENTIAL DRY UNPERMITTED(01DM) 5,500.00 Square Foot 50 110
Sales
Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacant or Improved
1/1/1985 $1 Warranty Deed 931 1392 M-Unqualified Vacant
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