Item O11 0.11
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
July 17, 2019
Agenda Item Number: 0.11
Agenda Item Summary #5776
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
4, Lot 22, Revised Amended Plat of Riviera Village (PB 2-80) with parcel number 00511410-
000000 and a purchase price of$71,584 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 5,250 square foot lot on Marlin Avenue on the bay side of Key
Largo near mile marker 105. The property is designated Tier 3 — Infill Area and is zoned Improved
Subdivision. The property is a mowed lot with minor 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 $71,584. Since there is no separate market land value listed for
Lot 22 on the Monroe County Property Appraiser's website, the purchase price is based on the
$71,584 market land value listed for a comparable lot in the same subdivision (Block 3, Lot 49).
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.
CONTRACT/AGREEMENT CHANGES:
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0.11
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
KelleyContract
KelleyMCPAData
ComparableBlk3Lt49MCPAData
FINANCIAL IMPACT:
Effective Date: July 17, 2019
Expiration Date: None
Total Dollar Value of Contract: $71,584.00 plus estimated closing costs of$1,250.00
Total Cost to County: $72,834.00
Current Year Portion: $72,834.00
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: $71,584.00 plus closing costs estimated to be approximately $1,250.00
None
07/17/19 NEW COST CENTER ADDED $72,834.00
REVIEWED BY:
Charles Pattison Completed 07/01/2019 11:20 AM
Paunece Scull Completed 07/01/2019 11:52 AM
Budget and Finance Completed 07/01/2019 12:34 PM
Maria Slavik Completed 07/01/2019 2:17 PM
Kathy Peters Completed 07/01/2019 3:12 PM
Board of County Commissioners Pending 07/17/2019 9:00 AM
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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
Abble A. Kelley, also known as Abbie Ann Kelley
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(hereinafter "Seller(s)"), for themselves, it heirs, executors, administrators, successors and
assigns, and MONROE COUNTY, FLORIDA (hereinafter "COUNTY"). W
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WITNESSETH: z
1. The Seller(s) represent they are the owners of the following parcel (hereinafter "Primary Parcel")
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thereunto belonging, owned by them, situate and lying in the County of Monroe, State of Florida, co
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that is currently developed with a residential dwelling unit and is more particularly described as _J
follows; to-wit: 311
Block 4, Lot 23, Revised Amended Plat of Riviera Village (PB 2-80)
RE #00511410-000000
The Seller(s) represent they are also the owners of the following parcel (hereinafter "Secondary 5
Parcel") thereunto belonging, owned by them, situate and lying in the County of Monroe, State of 2
Florida, that borders the Primary Parcel and is currently not developed with a residential dwelling .2
unit or any other habitable space and is more particularly described as follows; to-wit:
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Block 4, Lot 22, Revised Amended Plat of Riviera Village (PB 2-80)
RE #00511410-000000 0.
2. In consideration of Ten Dollars ($10.00) in hand, paid by the COUNTY, the receipt of which is
her acknowledged, the Seller(s) agree to sell to the COUNTY certain property rights E
associated with the Secondary Parcel owned by Seller, upon the terms and conditions hereinafter
set forth, and for the price of $71,684.00. The Seller(s) covenant to surrender, release, relinquish
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and transfer any and all of the Seller(s)'s property rights to develop: >
a) residential dwelling units; and C4
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b) accessory structures providing detached habitable space
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(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:
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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)
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 0 & E report disclose encroachments on the Secondary Parcel or the E
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.
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The COUNTY shall have sixty (60) days from the effective date of this Agreement in is to
examine the 0 & E of Seller's title. If it 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 it 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 it within the time provided therefore, 0�
including the bringing of necessary suits, failing which the COUNTY shall have the option of either 0
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accepting the title as it then is or rescinding the Agreement herein. 0�
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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 U_
rights associated with the Less Than Fee Interest may be diminished or encumbered while this z
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
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Interest. co
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5 The Seller(s) further agree that during the period covered by this instrument officers and 311
accredited agents of the COUNTY shall have at all reasonable times the unrestricted right and .2
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 .2
Primary Parcel or the Secondary Parcel. This provision shall survive closing. The Seller(s) >
hereby waive it 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. iE
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6. The Seller(s) will execute and deliver upon demand of the proper officials and agents of the
COUNTY the following documents conveying tot COUNTY all of Seller's Less Than Fee
Interest in a manner satisfactory to the legal counsel oft COUNTY:
a) Covenant of Unity of it and Restrictions on Future Development and/or Conveyances E
(hereinafter"Covenant of Unity of Title document")
b) Joinder of Mortgagee (if applicable)
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c) Joinder of Non-Mortgagee Encumbrance Holder(if applicable) >
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d) Grantor's Affidavit of No Encumbrance (if neither b or c above applies) 0�
e) Affidavit of Trustee (if land owned by a Trust) Cq
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Application to Monroe County Property Appraiser to Consolidate Real Estate Parcels
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7. In consideration whereof the COUNTY agrees that it will purchase all of said Less Than Fee
Interest at the price of $71,584.00. 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.
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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
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) E
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.
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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:
Marlin Avenue
Key Largo, FIL 33037
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and shall be effective upon date of emailing or mailing and shall be binding upon all of the
Seller(s) it sending a separate notice to each, except as such obligation may be affected by W
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the provisions of Section 6 herein. U-
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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.
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11. If the Seller(s) wishes to proceed with this transaction, the Seller(s) have until it 16, 2019 to
sign and return this Are 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
further obligations under this Agreement.
IN WITNESS WHEREOF, the Seller(s) have hereunto signed their names and affixed their respective
seaI s 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 iE
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or its authorized representative, or any other is or agent of the COUNTY authorized to purchase 0
said Less Than Fee Interest in land, the option and right to enter into this Agreement for Purchase 2
within ninety (90) days from the execution thereof by the Seller(s), and to purchase the Less Than 0.
Fee Interest as herein provided, providing said Purchase is duly approved by the Monroe County
Board of County Commissioners.
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Seller/Abbie A. Kelley, also known as Abbie Ann Kelley
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e Date Phone Number it Address cL
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Buyer/ COUNTY: MONROE COUNTY, FLORIDA
KEVI N MADOK, 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. CL
Summary LL
Parcel I 00511410-000000
Account# 1630721
Property I 1630721
Millage Group 500K P .ado
Location 37 N MARLIN Ave,KEY LARGO n ,. "' ° (0
Address �dw a ( ;:�I'V'I �i �Y II ,� C0
Legal BK 4 LOTS 22 AND 23 REVISED AMENDED PLAT OF RIVIERAVILLAGE P132-8 KEY LARGO F, P '� W
Description OR506-311 OR639-587 OR1073-132/33 OR1137-789/90UE OR1206-686/87 OR1402-258 ��i,,, ��
OR 1402-259 OR1402-260 OR 1406-979 OR1406-980 OR2424-2215 OR2671-1456 �,y
(I`du[,?I'4o[Lo lh, a,?d on d0cu1 r7'n1'',) it !��i (ii 'I°) 4)
Neighborhood 1857
Property Class SINGLE FAM ILY RESI D(0100) arm,
a �
t diVwi�
Subdivision RIVIERA VILLAGE REV&AMD "
Sec/Twp/Rng 01/61/39
Affordable No , VRIiP�1 1410Y1 ii
Housing �. io Hr
i� PENN//,)
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Owner
KELLEYABBIEA a
37 N MARLIN AVE
KEY LARGO FL 33037
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Valuation
2018 2017 2016 2015 CL
+ Market Improvement Value $100,587 $84,979 $75,612 $82,195
+ Market Misc Value $881 $881 $881 $765
+ Market Land Value $135,844 $132,221 $108,754 $96,066
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= Just Market Value $237,312 $218,081 $185,247 $179,026
= Total Assessed Value $134,795 $132,023 $129,308 $128,409
- School Exempt Value ($25,000) ($25,000) ($25,000) ($25,000)
= School Taxable Value $109,795 $107,023 $104,308 $103,409
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Land
Land Use Number of Units Unit Type Frontage Depth cli
RESIDENTIAL DRY(010D) 10,500.00 Square Foot 50 105
0
Buildings
Building lD 28802 Exterior Walls C.B.S.
Style GROUND LEVEL Year Built 1958
Building Type S.F.R.-R1/R1 EffectiveYearBuilt 1975
Gross Sq Ft 1528 Foundation CONCR FTR
Finished Sq Ft 965 Roof Type FLATORSHED
Stories 1Floor Roof Coverage ROLLEDCOMPOS
Condition FAIR Flooring Type CONCABOVEGRD
Perimeter 144 Heating Type NONEwith O%NONE
Functional Ohs 0 Bedrooms 2
Economic Ohs 0 Full Bathrooms 1
Depreciation% 42 Half Bathrooms 0 CL
Interior Walls DRYWALL Grade 500
Number of Fire PI 0
Code Description Sketch Area Finished Area Perimeter �S
EPB ENCLPORCH BLK 168 0 0
SPX EXEC SC PORCH 255 0 0
FLA FLOORLIVAREA 965 965 0 ,
SPF SC PRCH FIN LL 140 0 0
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TOTAL 1,528 965 0
Yard Items
Description Year Built Roll Year Quantity Units Grade
WALLAIRCOND 1990 2004 1 1UT 1
WOODDECK 1990 2004 1 32SF 1
CH LINK FENCE 1990 1991 1 640 SF 1
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Sales
Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacantor Improved
2/5/2014 $100 Quit Claim Deed 2671 1456 11-Unqualified Improved
7/22/2009 $195,000 Warranty Deed 2424 2215 01-Qualified Improved
4/1/1996 $89,966 Warranty Deed 1402 0258 M-Unqualified Improved
2/1/1973 $19,000 Conversion Code 506 311 Q-Qualified Improved
Permits
Number 0 Date Issued 0 Date Completed 0 Amount 0 Permit Type 0 Notes 0
08302655 7/20/2008 1/1/2009 $1 Residential RE-ROOF CL
Sketches(click to enlarge)
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SPX 311
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17 8�
26
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FLA . 8RS
(965)
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12
EPB
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14 cli
0
10 SPF
(140)
0
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Photos
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TRIM Notice 311
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r�,r Piub1ic.neV Monroe County, FL
Disclaimer
The Monroe County Property Appraiser's office maintains data on property within the County solely for the purpose of
fulfilling its responsibility to secure a just valuation for ad valorem tax purposes of all propertywithln the County.The IX
Monroe County Property Appraiser's office cannot guarantee its accuracy for any other purpose.Likewise,data CIL
provided regarding one tax year may not be applicable in prior or subsequent years.By requesting such data,you
hereby understand and agree that the data is intended for ad valorem tax purposes only and should not be relied on for
any other purpose.
By continuing into this site you assert that you have read and agree to the above statement.
Summary
Parcel ID 00511010-000000
Account# 1630322
Property ID 1630322 31
MillageGroup 500K
Location VACANT LAND,KEY LARGO
Address
Legal BK3LT49 REVISED AMENDED PLAT OFRIVIERA VILLAGE PB2-8PB2-80 KEY LARGO OR128-481/482OR385-115/116OR840-940OR840-941Q/C-R/S
Description OR840-942Q/C OR840-943Q/C OR840-944Q/C OR840-945Q/C 0840-946Q/C OR840-947Q/C OR840-948Q/C OR1672-122D/C OR1935-1806 OR2044-
1266C
II4ul u be ir,ud ou,IIPi.c9.II aya :iana.inil',,)
Neighborhood 1857 >
Property VACANT RES(0000)
Class 4$
Subdivision RIVIERA VILLAGE REV&AMD 5;
Sec/Twp/Rng 01/61/39
Affordable No
Housing
a
Owner
237 29TH ST
WEST PALM BEACH FL 33407
Valuation
2018 2017 2016 2015
4)
+ Market Improvement Value $0 $0 $0 $0 0
+ Market M isc Value $0 $0 $0 $0 >
+ Market Land Value $71,584 $34,466 $31,727 $26,439 IX
= Just Market Value $71,584 $34,466 $31,727 $26,439
= Total Assessed Value $9,364 $8,513 $7,739 $7,036
School Exempt Value $0 $0 $0 $0
= School Taxable Value $71,584 $34,466 $31,727 $26,439
Land
Land Use Number of Units Unit Type Frontage Depth ca
,a
RESIDENTIAL DRY UNPERMITTED(01DM) 5,250.00 Square Foot 50 105 as
ca
Sales
Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacant or Improved
9/19/2003 $1 Warranty Deed 1935 1806 M-Unqualified Improved
7/1/1981 $8,000 Warranty Deed 840 940 U-Unqualified Vacant
View Tax Info 25
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201811'4o ices Only ,
No data available for the following modules:Buildings,Commercial Buildings,Mobile Home Buildings,Yard Items,Exemptions,Permits,Sketches(click to enlarge),Photos.
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