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Item O7 0.7 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 June 19, 2019 Agenda Item Number: 0.7 Agenda Item Summary #5659 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 Lot 2, Amended Plat of Dolphin Harbour(PB 6-116) with parcel number 00319492-000300 and a purchase price of$31,724 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 7,700 square foot canal lot on Bahia Shores Road on the bay side of No Name Key near mile marker 30. The property is designated Tier 1 — Natural Area and is zoned Improved Subdivision. The property is a mowed lot with a fringe of native vegetation along the canal. Currently there are no structures on the property other than a fence but the Sellers plan to build a swimming pool and deck and have applied for the necessary permits. 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 $31,724. Since there is no separate market land value listed for Lot 2, the $31,724 purchase price is based on the $31,724 current market land value indicated on the Monroe County Property Appraiser's website for a comparable lot in the same subdivision (Lot 6). 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 their 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. 1397 0.7 CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: WelshContract WelshMCPAData WelshCompLot6 FINANCIAL IMPACT: Effective Date: June 19, 2019 Expiration Date: None Total Dollar Value of Contract: $31,724.00 plus estimated closing costs of$1,250.00 Total Cost to County: $32,974.00 Current Year Portion: $32,974.00 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: $31,724.00 plus closing costs estimated to be approximately $1,250.00 None 06/19/19 NEW COST CENTER ADDED $32,974.00 REVIEWED BY: Paunece Scull Completed 06/04/2019 1:54 PM Budget and Finance Completed 06/04/2019 2:07 PM Maria Slavik Completed 06/04/2019 3:04 PM Kathy Peters Completed 06/04/2019 3:53 PM Board of County Commissioners Pending 06/19/2019 9:00 AM Packet Pg. 1398 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 Michael J. Welsh and Stephanie D. Welsh (hereinafter "Seller(s)"), for themselves, their heirs, executors, administrators, successors and, assigns, and MONROE COUNTY, FLORIDA (hereinafter"COUNTY"). 0 WITNESSETH: W IL W 1. The Seller(s) represent they are the owners of the following parcel (hereinafter "Primary Parcel") W thereunto belonging, owned by them, situate and lying in the County of Monroe, State of Florida, U- z that is, currently developed with a residential dwelling unit and is more particularly described as follows; to-wit: Lot 3, Amended Plat of Dolphin Harbour(PB 6-116) W RE,#00319492-000300 A 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 Florida, that borders the Primary Parcel and is currently not developed with a residential dwelling 0 unit or any other habitable space and is more particularly described as follows; to-wit: Lot 2, Amended Plat of Dolphin Harbour(PB 6-116) RE #00319492-000300 0 a 2. In consideration of Ten Dollars ($10.00) in hand, paid by the COUNTY, the receipt of which is 4- 0 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 a. set forth, and for the price of $31,724.00. The Selter(s) covenant to surrender, release, relinquish and transfer any and all of the Seller(s)'s property rights to develop: E a) residential dwelling units; and < b), accessory structures providing detached habitable space ci 0 (hereinafter collectively "Less Than Fee Interest") on the Secondary Parcel. zz� 1 The Seller(s) agree that they have full right, power and authority to convey, and that they will r- convey to the, COUNTY the Less Than Fee Interest and will simultaneously unify title of the 0 U servient estate of the Secondary Parcel with the Primary Parcel, subject to the following conditions A 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 (0 & E) 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 2 surveyor. If the survey or 0 & E report disclose encroachments on the Secondary Parcel or the existence of improvements located thereon, or any other restrictions, contract covenants, liens, transfers of development rights, or applicable governmental regulations, deemed not acceptable to the COUNTY, the same shall constitute a title defect. Packet Pg. 1399 —-------------------- ......................... ----------------- - --rr The COUNTY shall have sixty (60) days from the effective date of this Agreement in which to examine the 0 & 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 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 SelIer(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. 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 Interest may be diminished or encumbered while this W Agreement is pending. In the event any such diminution, encumbrance or other impairment IL W occurs, the COUNTY may, without liability, refuse to accept conveyance of said Less Than Fee W U_ I nterest. z 5. The Seller(s) further agree that duringi 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 W 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 A 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 0 closing. 6. The Selller(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 0 Interest in a manner satisfactory to the legal counsel of the COUNTY: a 4- 0 a) Covenant of Unity of Title and Restrictions on Future Development and/or Conveyances (hereinafter"Covenant of Unity of Title document") a. 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 e) Affidavit of Trustee (if land owned by a Trust) < f) Application to Monroe County Property Appraiser to Consolidate Real Estate Parcels ci 0 7. In consideration whereof the COUNTY agrees that it will' purchase all of said Less Than Fee Interest at the price of $31,724.00. 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 0 surrendered to and vested in the COUNTY, it will cause to be paid to the Seller(s) the purchase A price, less any costs of closing payable by Seller, as set forth below. 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, 0 & E report E 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 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. & It shall be the obligation of the Sefler(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. 2 Packet Pg. 1400 ............................. ............................................... ...........................- 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: 15320 Kingston Street Brighton, CO 80602 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. 0 W 10. The effective date of this Agreement shall be that date when the last one of the Seller(s) and the a. W COUNTY has signed, this Agreement. W Z 11. If the, Sell�er(s) wishes to proceed with this transaction, the Seller(s) have until June 3, 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 (n (n closing of this transaction: is contingent upon approval by the Monroe County Board of County W Commissioners, failing which the COUNTY and the Seller(s) shall release one another of all further obligations under this Agreement. A 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, 0 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 Z: 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 6 Fee Interest as herein provided, providing said Purchase is duly approved by the Monroe County a 4- Board of County Commissioners. 0 Seller] Michael J. Welsh a. Z E Signature Date Phone Number Bmail Address < cli Sel:lier/ Stephanie D. Welsh 0 0 'L( Signa ur—e: Date Phone Number Email Address V 0 A Buyer/COUNTY: MONROE COUNTY, FLORIDA KEVIN MADOK, CPA, Clerk E By: Deputy Clerk Sylvia J. Murphy, Mayor (Seal) Date., 3 Packet Pg. 1401 .................. ........... gPublic.net-Monroe County, FL Page 1 of 4 0.7.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 ID 00319492-000300 V ��', P�iii Account# 1393541 m Property lD 1393541 II iryp� � i/lii�! �/`�/ Millage Group 110H ���� /� �I „�>�� /� ill Location 1909 BAHIA SHORES Rd,NO NAME KEY „�. ��f�j�� �� �' �����i�i� � � Address z OR280747902�ROR11364-2179OR 3(8414D9/5O PET/O 23993-1627/28 Legal LTS 2AND 3AMENDED PLAT OF DOLPHIN HARBOUR PB6-116 NO NAME Description f� (I`do[, I`do[Lo Ih, a,?d on dOLUMIn I',) Neighborhood 512 W Property Class SINGLE FAMILY RESID(0100) Subdivision DOLPHIN HARBORAMD Sec/Twp/Rng 18/66/30 �°,� Affordable No " U) Housing Owner 0 WELSH MICHAELI WELSH STEPHANIE D 15320 Kingston St 15320 Kingston St Q� Brighton CO 80602 Brighton CO 80602 Valuation 2018 2017 2016 2015 + Market Improvement Value $122,154 $179,491 $147,694 $154,047 + Market Misc Value $13,392 $13,662 $13,961 $12,294 + Market Land Value $294,999 $217,672 $161,844 $153,168 = Just Market Value $430,545 $410,825 $323,499 $319,509 = Total Assessed Value $388,836 $410,825 $280,211 $278,263 - School Exempt Value $0 $0 ($25,000) ($25,000) = School Taxable Value $430,545 $410,825 $255,211 $253,263 Land Land Use Number of Units Unit Type Frontage Depth RESIDENTIAL CANAL(010C) 7,700.00 Square Foot 70 110 C!1 RESIDENTIAL CANAL UNPERMITTED(01CM) 7,700.00 Square Foot 70 110 Buildings Building lD 16539 Exterior Walls WD FIR STUCCO with 40%WD FRAME Q� Style STILT 1 STORY Year Built 1979 Building Type S.F.R.-R1/R1 EffectiveYearBuilt 1996 Gross Sq Ft 3963 Foundation CONC PILINGS Finished Sq Ft 1426 Roof Type GABLE Stories 1 Floor Roof Coverage METAL Condition AVERAGE Flooring Type PLYWD/PR BD Perimeter 154 Heating Type NONEwith O%NONE U) Functional Ohs 0 Bedrooms 3 Economic Ohs 0 Full Bathrooms 3 Depreciation% 30 Half Bathrooms 0 .. Interior Walls WALL BD/WD WAL Grade 500 Number of Fire PI 0 4) Code Description Sketch Area Fin ishedArea Perimeter CPF CARPO RT FIN 483 0 0 FLA FLOOR LIV AREA 1,426 1,426 0 ODU OP PR UNFIN UL 39 0 0 SPF SC PRCH FIN LL 310 0 0 PUF SC PRCH FIN UL 762 0 0 SBU UTIL UNFIN BILK 943 0 0 TOTAL 3,963 1,426 0 Packet Pg. 1402 https:Hgpublic.schneidercorp.com/Application.aspx?AppID=605&LayerfD=9946&PageTy... 5/15/2019 gPublic.net-Monroe County, FL Page 2 of 4 0.7.b Yard Items Description Year Built Roll Year Quantity Units Grade CISTERNS 1977 1978 1 12000 GAL 3 SEAWALL 1983 1984 1 32 SF 1 FENCES 2006 2007 1 280SF 5 CH LINK FENCE 1983 1984 1 400 SF 1 CONCRETE DOCK 1983 1984 1 48 SF 1 WALL AI R CON D 2002 2003 1 2 UT 2 CH LINK FENCE 1983 1984 1 400 SF 1 FENCES 2006 2007 1 280SF 5 TIKI 1989 1990 1 192SF 2 Sales Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacant or Improved IL 7/21/2016 $405,000 Warranty Deed 2807 790 03-Qualified Improved 12/31/2008 $385,000 Warranty Deed 2393 1627 M-Unqualified Improved Permits Number Date Issued Date Amount Permit Type Completed 0 1 11 Notes 0 19101350 4/15/2019 $2,600 Residential SEWERCONNECTION 18102142 5/22/2018 8/16/2018 $8,500 Residential INTALL8WINDOWS&2 DOORS 18101552 5/9/2018 11/7/2018 $10,000 Residential REMODELKITCHEN INCULDING PLUMBING&ELECTRICAL 18102564 5/1/2018 8/16/2018 $16,500 Residential SPALLING REPAIRS-32SF 17106822 2/5/2018 2/6/2018 $1,000 Residential EMERGENCY ELECTRIC-WIRE A/C&AIR HANDLER U) 18100100 1/19/2018 7/3/2018 $15,000 Residential RE-ROOF-REMOVE&REPLACE WITH POLYGLASS PEEL&STICK UNDERLAYMENT&INSTALL GRANULATED MODIFIED BITUMEN MEMBRANCE&5V CRIMP METAL ROOF _ 17106020 11/7/2017 2/6/2018 $7,500 Residential REPLACE 4TON CONDENSE&AIR HANDLER(HURR.IRMA) 17104908 10/17/2017 6/26/2018 $10,000 Residential 2 WALLS TO CREATE BEDROOM,ADD PLUMBINGTO EXISTING ROOMTO MAKEBATHROOM-ELEC& PLUMBING INCLUDED. 16106458 9/14/2016 12/30/2016 $2,400 Residential BUILD NEW 200 AMP SERVICE UNDERGROUND 4� 06103897 10/6/2006 11/26/2007 $2,400 Residential FENCE-PVC 00100810 3/3/2000 3/23/2000 $6,500 Residential RE-ROOF-200SF 11484 2/1/1984 12/1/1984 $6,237 Residential SEAWALL&SLAB 11491 2/1/1984 12/1/1984 $2,000 Residential FENCE 4196 9/1/1978 12/1/1978 $4,800 Residential 12000 GAL CISTERN 1642 10/1/1976 12/1/1977 $30,000 Residential SFR a 0 View Tax Info IL Sketches(click to enlarge) cv 0 IL U) Packet Pg. 1403 https:Hgpublic.schneidercorp.com/Application.aspx?AppID=605&LayerfD=9946&PageTy... 5/15/2019 gPublic.net-Monroe County, FL Page 3 of 4 0.7.b 42 SPF 10 (310) PUF 10 (762) 31 31 IL SBu (713) 23 42 32 FLA 1426) 31 46 (n 8 CPF 15 (483) 11 A 23 4 QS SBU _ (231) 5 (39) 0 0 16 31 0 4- 0 IL Photos cli IL i (1 4i Packet Pg. 1404 https:Hgpublic.schneidercorp.com/Application.aspx?AppID=605&LayerfD=9946&PageTy... 5/15/2019 gPublic.net-Monroe County, FL Page 4 of 4 O.7.b Map 2. A'o %j IL W y3 - 2 No data available for the following modules:Commercial Buildings,Mobile Home Buildings,Exemptions. TieMon roe(Courrty Proper'tyASri:rr�.u„e.r..o'ffiaeiriah rtah;.:daCaon proper'tywi'thin[Ie(Courr[y.:oleYI orChepurpo..eo lulNlli iL.ie.,,Irrnusiteili'ty'to Developed by e<.ure+a ju t v eluatior;for:id valore.in Lax I.rurlpo e. of all property withhn tIhee(:ounty.The:+Monroe County Property Appr u..e is office cannot for�.iny o he r Irurlro..e: ike wi e^,d i[a provided i e^g,ardinl:;one Caxye:ar may not he �,ipphca,Jk in prior or.uh..e^que nr ye sir.: By re:que. inc.', ..uc h d�,ita,you hereby undo r..[and ind�.igre e;^ Che G E O Sc f) I a.[Data Upload §/9..,'V2019!S:29:'dE3 AM ve i,ion 2.2.9..P!3 � 0 0 4- 0 IL cel 0 IL 888 4i Packet Pg. 1405 https:Hgpublic.schneidercorp.com/Application.aspx?AppID=605&LayerfD=9946&PageTy... 5/15/2019 gPublic.net-Monroe County, FL Page 1 of 2 0.7.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. By continuing into this site you assert that you have read and agree to the above statement. Summary Parcel ID 00319492-000600 p 'Y � '�° yl�'��Ij V"� Account# 1393576 i iqa I Property ID 1393576 y Millage Group 110H �,v w N Location Address BAHIA SHORES Dr,NO NAME KEY ' ILL. Legal Description LT 6AMENDED PLATOF DOLPHIN HARBOUR NO NAME KEY P136-116 OR741-157 OR1066- z 731 OR2165-920 � (I`duL,c I`doL Lu Ih, a,,?d on porl d0LUN4 nCs,) Neighborhood 512 Property Class VACANT RES(0000) Subdivision DOLPHIN HARBORAMD ,L Sec/Twp/Rng 18/66/30 �' ow� W Affordable No Housing f81 Owner 0 BUILDPRSINC PO Box 430503 4� Big Pine Key FL 33043 Valuation 2018 2017 2016 2015 _ + Market Improvement Value $0 $0 $0 $0 + Market Misc Value $0 $0 $0 $0 + Market Land Value $31,724 $21,810 $29,606 $27,492 = Just Market Value $31,724 $21,810 $29,606 $27,492 = Total Assessed Value $16,620 $15,109 $13,735 $12,487 - School Exempt Value $0 $0 $0 $0 = School Taxable Value $31,724 $21,810 $29,606 $27,492 Land E Land Use Number of Units Unit Type Frontage Depth RESIDENTIAL CANAL UNPERMITTED(01CM) 7,700.00 Square Foot 70 110 (y 0 Sales Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacant or Improved 11/10/2005 $95,000 Warranty Deed 2165 920 O-Unqualified Vacant 9/1/1988 $22,500 Warranty Deed 1066 731 Q-Qualified Vacant 10/1/1977 $2,500 Conversion Code 741 157 Q-Qualified Vacant 0 View Tax Info Photos 4� Packet Pg. 1406 https:Hgpublic.schneidercorp.com/Application.aspx?AppID=605&LayerfD=9946&PageTyp... 6/3/2019 gPublic.net-Monroe County, FL Page 2 of 2 0.7.c IL i u u y Map Wl a r' e F. er 0 2.00 � i ... ................... :..?wu TRIM Notice 0 n...,I c:a.t r_c,........ 0 7018IPOI:ICe S f hi 1y IL No data available for the following modules:Buildings,Commercial Buildings,Mobile Home Buildings,Yard Items,Exemptions,Permits,Sketches(click to enlarge). The Monroe(.oun'tyProl.re ty l:mol.refty wil:hd n:Ihe(�ounl:y.:ok�ly'or:he purpo..e o�I'uINll 1:..ie.,,IrrnusiteiI1:y'to Developed by G8 e<.ure+a ju t v eluation'or.id val)re.in Lax l.rurlpo e. of all property wil:hhn:he(C ounl:y.The Monroe(C ounty Property Appr d..e+r'..office c<.innot,u�r��nte:+e:+ E i[ �<r ura<.�y for�iny ol:h r Irurlro..e: ike wi e^,d it provided i e^�,ardinl:;one taxye:ar may ncrt he �,ipphca,i ele,�in prior or�.uh..e^que:rnt ye sir.: By reeque.;I:hq�;; Scht ..u<h d�ita,you hereby undo r..[and ind�.igre e,^ti��[the G E ' C14 1 a,[Data 1 pInad:6/3/20'19'1..A'1.:01..f'IM ve i ion 2.2.22 0 0 0 888 Packet Pg. 1407 https:Hgpublic.schneidercorp.com/Application.aspx?AppID=605&LayerfD=9946&PageTyp... 6/3/2019