Item O14 0.14
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: 0.14
Agenda Item Summary #5781
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
23, Lot 3, Port Pine Heights Second Addition (PB 4-167) with parcel number 00291810-000000 and
a purchase price of$18,817 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 an 8,050 square foot lot on Park Avenue on the bay side of Big Pine
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 no 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 $18,817, which is the current market land value indicated on the
Monroe County Property Appraiser's website. 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.
CONTRACT/AGREEMENT CHANGES:
N/A
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0.14
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
WehrungContract
WehrungMCPAData
FINANCIAL IMPACT:
Effective Date: July 17, 2019
Expiration Date: None
Total Dollar Value of Contract: $18,817.00 plus estimated closing costs of$1,250.00
Total Cost to County: $20,067.00
Current Year Portion: $20,067.00
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: $18,817.00 plus closing costs estimated to be approximately $1,250.00
None
07/17/19 NEW COST CENTER ADDED $20,067.00
REVIEWED BY:
Charles Pattison Completed 07/01/2019 11:54 AM
Paunece Scull Completed 07/01/2019 11:58 AM
Budget and Finance Completed 07/01/2019 12:38 PM
Maria Slavik Completed 07/01/2019 2:45 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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0.14.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
Robert Wehrung
(hereinafter "Seller(s)"), for themselves, their heirs, executors, administrators, successors and CL
assigns, and MONROE COUNTY, FLORIDA (hereinafter "COUNTY").
WITNESSETH:
1. The Seller(s) represent they are the owners of the following parcel (hereinafter "Primary Parcel") co
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 23, Lot 2, Port Pine Heights Second Addition (PB 4-167)
RE #00291800-000000
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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: 0
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Block 23, Lot 3, Port Pine Heights Second Addition (PB 4-167)
RE #00291810-000000
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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 $18,817.00. The Seller(s) covenant to surrender, release, relinquish e
and transfer any and all of the Seller(s)'s properly rights to develop:
0
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 0
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 g,
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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0.14.a
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.
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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
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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 co
Interest.
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 e
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
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COUNTY the following documents conveying to the COUNTY all of Seller's Less Than Fee
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
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(hereinafter"Covenant of Unity of Title document")
b) Joinder of Mortgagee (if applicable) a.
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c) Joinder of Non-Mortgagee Encumbrance Holder (if applicable)
d} Grantor's Affidavit of No Encumbrance (if neither b or c above applies)
9) Affidavit of Trustee (if land owned by a Trust)
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f) 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 $18,817.00_ 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 0
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 0
Fee Interest: recording fees for the documents listed in Section 6, settlement fees, O & E report Be
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 Sellers)
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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reed that notice of acceptance of this Agreementa rssed o}the Seller(s)l
9. It is mutually understood to the and
provided by the Seller(s) or by mail
the Seller(s) by
at the following address:
/ with a copy to: Christina Davis
361-1 Park Avenue Coldwell Banker Schmitt Real Estate
Big Pine Key, FL 33043 cdavis@cbschmitt.com
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and shall be effective upon n date of emailing or mailing and shall be binding upon all of the Lu
Seller(s) without sending a separate notice to each, except as such obligation may be affected y
the provisions of Section 6 herein.
this Agreement shall be that date when the fast one of the Seller(s) and the
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10.The effective date of g co
COUNTY has signed this Agreement.
(s) have until
11. if
the Seller(s) wishes to proceed with this transaction, tTh selA rreementt mayJbeeexe,cu executed in
sign and return this Agreement to the COUNTY. the obligation of Notwithstanding any provision of this Agreement MonroecCounty�Boa d off County
counterparts. roval b t
closing of this transaction is contingent upon app Y
Commissioners, failing which the COUNTY and the Seller(s) shall release one another of all
further obligations under this Agreement.
respe
IN WITNESS WHERF-OF, the Seller(s) have hereen�he o s ISe11er(s)gned the�fora
and in onside atonlrof the Ten
seals on the day first above written and therefor
Dollars ($1 o.00) hereinabove acknowledge as received, haveof the COUNTY authorized to pand do hereby grant unto the Och se
or its authorized representative, or any other office or agent
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said Less Than Fee Interest in land, the option and
riglhse to eereement for Purchase 4
r(s)into
andthis
to porch se the Less Than
within ninety (90) days from the execution thereof y °M
Fee interest as herein provided, providing said Purchase is duly approved by the Monroe County '
Board of County Commissioners-
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Seller/ Robert Wehrung CL
MI I' r°I ��i G�tS- 1�16 rob �.hr 4 ,
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Signature Date Phone Number Email Address
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Buyer/COUNTY: MONROE COUNTY, FLORIDA
KEVIN MADOK, CPA, Clerk o
t�
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.
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By continuing into this site you assert that you have read and agree to the above statement.
Summary LL
Parcel I 00291810-000000
Account# 1363979
Property ID 1363979
Millage Group 100H
Location Address VACANT LAN PARK Ave,BIG PINE KEY
Legal Description BK 23 LT 3 PORT PINE HEIGHTS 2ND ADD P134-167 BIG PINE KEYOR589-826OR1385-1670
OR1697 1556OR2904 661D/C OR2921-1686/87 W
(I`do[,:I`do[Lu Ih, a,?d on d0cun71 nCs,)
Neighborhood 649
Property Class VACANT RES(0000)
Subdivision PORT PINE HEIGHTS 2ND ADD
Sec/Twp/Rng 04/66/29
Affordable No
Housing
Owner
VVI::I RUNG R'dOBI::R..C..
3617 Park Ave
Big Pine Key FL 33043
Valuation C0
2018 2017 2016 2015 U)
+ Market Improvement Value $0 $0 $0 $0
+ Market Misc Value $0 $0 $0 $0 Z
+ Market Land Value $18,817 $18,817 $20,260 $20,569
= Just Market Value $18,817 $18,817 $20,260 $20,569 4)
= Total Assessed Value $18,817 $18,817 $20,260 $20,569
- School Exempt Value $0 $0 $0 $0 CL
= School Taxable Value $18,817 $18,817 $20,260 $20,569
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Land sli
Land Use Number of Units Unit Type Frontage Depth
RESIDENTIAL DRY UNPERMITTED(01DM) 8,050.00 Square Foot 70 115
M
cm
Sales
Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacantorlmproved
8/7/2018 $265,000 Warranty Deed 2182049 2921 1686 37-Unqualified Improved
5/15/2001 $1 Warranty Deed 1697 1556 M-Unqualified Improved
1/1/1996 $5,500 Warranty Deed 1385 1670 Y-Unqualified Vacant
2/1/1974 $5,500 Conversion Code 589 826 Q-Qualified Vacant
View Tax Info CL
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