Item O12 0.12
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: 0.12
Agenda Item Summary #5777
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
19, Lot 3, Cutthroat Harbor Estates First Addition (PB 5-60) with parcel number 00186810-000000
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 7,000 square foot canal lot on Spanish Main Drive on the ocean
side of Cudjoe Key near mile marker 23. The property is designated Tier 3 — Infill Area and is
zoned Improved Subdivision. The property is a mowed and landscaped 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 $99,999. Since there is no separate market land value listed for
Lot 3 on the Monroe County Property Appraiser's website, the $99,999 maximum purchase price is
based on the $113,750 market land value listed for a comparable lot in the same subdivision (Block
18, 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 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.
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CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
StreetContract
StreetMCPAData
ComparableBlk18Lt14MCPAData
FINANCIAL IMPACT:
Effective Date: July 17, 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
07/17/19 NEW COST CENTER ADDED $101,249.00
REVIEWED BY:
Charles Pattison Completed 07/01/2019 11:24 AM
Paunece Scull Completed 07/01/2019 11:52 AM
Budget and Finance Completed 07/01/2019 12:35 PM
Maria Slavik Completed 07/01/2019 2:16 PM
Kathy Peters Completed 07/01/2019 3:11 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 P , 2019, by
and between CL
Charles E.Street
(hereinafter "Seller(s)"), for themselves, their heirs, executors, administrators, successors and
assigns, and MONROE COUNTY, FLORIDA(hereinafter"COUNTY"). co
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WITNESSETH:
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, co
that is currently developed with a residential dwelling unit and is more particularly described as
follows; to-wit:
Block 19,Lot 4 and the north one-half of Lot 5,Cutthroat Harbor Estates First
Addition(PB 5-60)
RE#00186810-000000
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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
unit or any other habitable space and is more particularly described as follows; to-wit:
Block 19,Lot 3,Cutthroat Harbor Estates First Addition(PB 5-60)
RE#00186810-000000
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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 tress 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 co
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 E
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,
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 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
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.
CL
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.
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5. The Seller(s) further agree that during the period covered by this instrument officers and co
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 co
Primary Parcel or the Secondary Parcel. This provision shall survive closing. The Seller(s) r_
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.
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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 to the COUNTY all of Seller's Less Than Fee U)
Interest in a manner satisfactory to the legal counsel of the COUNTY:
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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.
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
fees, title examination fees, and the Buyer's attorneys 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.
8. It shall be the obligation of the Seller(s) to pay any assessments outstanding as liens due to the co
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:
CL
1062 Spanish Main Drive
Cudjoe Key,FL 33042
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 co
the provisions of Section 6 herein. co
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 April 16, 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
further obligations under this Agreement.
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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/C des E.Street
to
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SAgaidure Date Phone Number Email Address
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Buyer/COUNTY: MONROE COUNTY, FLORIDA
KEVIN MADOK, CPA, Clerk
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to
By:
Deputy Clerk Sylvia J. Murphy, Mayor
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(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
ParcelLL
o 000000
Accoet# 123879l 1 ,. I
Millage Group 100C 9
Location 1052 SPANISH MAIN Dr,CUDJOE KEY
Address
Legal BK 19 LTS 3-4ANDN 1/2LT5 CUTTHROAT HARBOR ESTATES FIRSTADDNCUDJOE KEY PBS-
Description 60 OR548-904 OR550-65 OR599-147 OR630-490 OR789-1643 OR989-520/521 OR1181-615/16
OR1239-1084OR1402-840OR1402-841AFF OR1412-190OR1534-937OR1676-1254OR2013-
1214/15 OR2380-1410 OR2405-1172R/S O R2472-1705 R/S OR2907-1081/82
(I`do[, I`do[Lo Ih, a,d on duLUii IMCs.) 61S
Neighborhood 311
Property Class SINGLE FAM ILY RESID(0100)
Subdivision CUTTHROAT HARBOR ESTATES ISTADD
Sec/Twp/Rng 33/66/28
Affordable No
Housing
Owner
STREET CHARLES E
1052 Spanish Main Dr
Cudjoe Key FL 33042 U)
Valuation
2018 2017 2016 2015 W
+ Market Improvement Value $112,787 $192,924 $168,743 $174,285
+ Market Misc Value $15,873 $19,636 $8,944 $7,836
+ Market Land Value $409,839 $404,093 $338,628 $296,373
= Just Market Value $538,499 $616,653 $516,315 $478,494
= Total Assessed Value $488,986 $478,929 $469,079 $465,818
- School Exempt Value ($25,000) ($25,000) ($25,000) ($25,000) 0-
= School Taxable Value $463,986 $453,929 $444,079 $440,818
Land C3
Land Use Number of Units Unit Type Frontage Depth
RESIDENTIAL CANAL(010C) 7,000.00 Square Foot 0 0
RESIDENTIAL CANAL UNPERMITTED(01CM) 7,000.00 Square Foot 0 0
RESIDENTIAL CANAL UNPERMITTED(01CM) 3,483.00 Square Foot 0 0
Buildings
BuildinglD 11617 Exterior Walls B&Bwith 42%HARDIE BD
Style STILT STORY Year Built 1987
Building Type S.F.R.-R1/R1 EffectiveYearBuilt 2005
Gross Sq Ft 4122 Foundation WOODPIERS
Finished Sq Ft 1566 Roof Type GABLE/HIP
Stories 2 Floor Roof Coverage METAL
Condition AVERAGE Flooring Type CONC S/B GRND
Perimeter 222 Heating Type NONEwith O%NONE CL
Functional Ohs 0 Bedrooms 2
Economic Ohs 0 Full Bathrooms 2
Depreciation% 15 Half Bathrooms 0 4)
Interior Walls WALL BD/WD WAL Grade 450
Number of Fire PI 0
Code Description Sketch Area Fin ishedArea Perimeter (1)
CPF CARPO RT FIN 588 0 102
ELF ELV FIN FD 476 0 206
FLA FLOOR LIVAREA 1,566 1,566 264
OPF OP PRCH FIN LL 192 0 64 0
OUF OP PRCH FIN UL 588 0 268
PUF SC PRCH FIN UL 412 0 150
SBF UTIL FIN BILK 300 0 78
TOTAL 4,122 1,566 1,132
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Yard Items
Description Year Built Roll Year Quantity Units Grade
WOODCOCKS 1987 1988 1 144 SF 2
WOODCOCKS 1987 1988 1 48 SF 3
FENCES 1990 1991 1 768 SF 2
FENCES 1991 1992 1 720 SF 2
FENCES 2005 2006 1 510 SF 2
WOODCOCKS 1980 2009 1 120 SF 1
BOAT LIFT 2016 2017 0 1 UT 3
Sales CL
Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacantor Improved Uj
Uj
5/15/2018 $630,000 Warranty Deed 2169647 2907 1081 01-Qualified Improved LL
6/28/2010 $100 Quit Claim Deed 2472 1705 11-Unqualified Improved
2/8/2001 $255,000 Warranty Deed 1676 1254 Q-Qualified Improved
7/1/1996 $175,000 Warranty Deed 1412 0190 Q-Qualified Improved
12/1/1992 $162,000 Warranty Deed 1239 1084 Q-Qualified Improved
8/1/1991 $150,000 Warranty Deed 1181 615 Q-Qualified Improved (�
4/1/1979 $8,000 Conversion Code 789 1643 Q-Qualified Vacant
Permits
Number 0 Date Issued 0 Date Completed 0 Amount 0 Permit Type 0 Notes 0
17105401 10/12/2017 1/4/2018 $2,300 Residential HURRICANE IRMA EMERGENCY PERMIT INT/EXT REPAIR
17100440 2/2/2017 4/12/2017 $7,500 Residential 10,000 LB BOAT LIFT
98-1751 11/9/1998 11/19/1999 $7,100 Residential ROOFING
93-5881 3/1/1993 12/1/1993 $3,270 Residential WOOD FENCE
91-3496 10/1/1991 12/1/1992 $240 Residential WOOD FENCE
88-0381 3/1/1988 11/1/1988 $5,800 Residential DECK
A-18569 8/1/1987 12/1/1987 $3,000 Residential ENCLOSURE
A-15339 5/1/1986 12/1/1987 $71,280 Residential SFR LL
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6/30/2019 gPublic.net-Monroe County, FL 0.12.0
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
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 00186750-000000
Account# 1238732
Property ID 1238732
MillageGroup 100C
Location Address BK 18 LT 1 LABAT Ln,CUDJOE KEY
Legal Description BK 18 LT 14CUTTHROAT HARBOR ESTATES FIRSTADDN CUDJOE KEY PB5-60OR405-414OR1962-188/89
�a�lar:II"4W lay be ia°wd anni Ila.gi1¢,locirnina.ini�,)
Neighborhood 311
Property Class VACANT RES(0000)
Subdivision CUTTHROAT HARBOR ESTATES 1STADD
Sec/Twp/Rng 33/66/28
Affordable Housing No
tl!
Owner
lr;:ll:;::Iz;:lI S 0
1044 La bat Ln 4)
Summerland Key FL 33042
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Valuation
s-
2018 2017 2016 2015
+ Market Improvement Value $0 $0 $0 $0
+ Market Misc Value $0 $0 $0 $0
+ Market Land Value $113,750 $119,000 $84,000 $56,350
= Just Market Value $113,750 $119,000 $84,000 $56,350
= Total Assessed Value $75,002 $68,184 $61,985 $56,350
School Exempt Value $0 $0 $0 $0 :3
= School Taxable Value $113,750 $119,000 $84,000 $56,350
Land
Land Use Number of Units Unit Type Frontage Depth a
RESIDENTIAL CANAL UNPERMITTED(01CM) 7,000.00 Square Foot 0 0
0
Sales
Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacant or Improved
12/18/2003 $1 Warranty Deed 1962 0188 M-Unqualified Vacant
View Tax I nfo
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