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Item O15 0.15 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: 0.15 Agenda Item Summary #5779 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 30, Hollerich Subdivision (PB 4-156) with parcel number 00285360-000000 and a purchase price of $65,205 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 5,400 square foot canal lot on Hibiscus Drive on the bay side of Big Pine Key near mile marker 31. The property is designated Tier 3 — Infill Area and is zoned Improved Subdivision. The property is a fenced, pea rock lot with accessory structures along the canal. 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 $65,205, 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 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: Packet Pg. 3031 0.15 N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: SilerContract SilerMCPAData FINANCIAL IMPACT: Effective Date: July 17, 2019 Expiration Date: None Total Dollar Value of Contract: $65,205.00 plus estimated closing costs of$1,250.00 Total Cost to County: $66,455.00 Current Year Portion: $66,455.00 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: $65,205.00 plus closing costs estimated to be approximately $1,250.00 None 07/17/19 NEW COST CENTER ADDED $66,455.00 REVIEWED BY: Charles Pattison Completed 07/01/2019 11:52 AM Paunece Scull Completed 07/01/2019 11:55 AM Budget and Finance Completed 07/01/2019 12:40 PM Maria Slavik Completed 07/01/2019 2:18 PM Kathy Peters Completed 07/01/2019 3:17 PM Board of County Commissioners Pending 07/17/2019 9:00 AM Packet Pg. 3032 0.15.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 Patricia L. Siler (hereinafter "Seller(s)"), for themselves, their heirs, executors, administrators, successors and assigns, and MONROE COUNTY, FLORIDA (hereinafter"COUNTY"). 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, that is currently developed with a residential dwelling unit and is more particularly described as a. LU follows; to-wit: LL Lot 31, Hollerich Subdivision (PB 4-156) RE #00285370-000000 CO CO 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 dwellingco unit or any other habitable space and is more particularly described as follows; to-wit: a� Lot 30, Hollerith Subdivision (PB 4-156) RE#00285360-000000 co 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 $66,206.00. The Seller(s) covenant to surrender, release, relinquish and transfer any and all of the Seller(s)'s property 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. 0 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: 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 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. 1 Packet Pg. 3033 0.15.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. 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. 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 co 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 surviveco closing. 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 Interest in a manner satisfactory to the legal counsel of the COUNTY: co 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 0 Interest at the price of $65,205.00. 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 co 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 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. 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. 2 Packet Pg. 3034 0.15.a 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 Seiler(s) at the following address: PO Box 460 South Range, Mt 49963 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. 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. CL 11. If the Seller(s) wishes to proceed with this transaction, the Seller(s) have until June 13, 2013 to sign and return this Agreement to the COUNTY. This Agreement may be executed inLL 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. co 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 co Board of County Commissioners. �, . Seller/ Patricia L. Siler Signature Date Phone Number Email Address 0 Buyer/ COUNTY: MONROE COUNTY, FLORIDA KEVIN MADOK, CPA, Clerk By: Deputy Clerk Sylvia J. Murphy, Mayor (Seal) Date: 3 Packet Pg. 3035 gPublic.net-Monroe County, FL Page 1 of 2 0.15.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 I 00285360-000000 �. Account# 1357316 i 1ii Property ID 1357316 III w � Millage Group 100H Location VACANT LAN HIBISCUS Dr,BIG PINE KEY �� 0 i Address �IlJif %ii���^ . , C. Legal LT 30 HOLLERICH SUB PB4-156 BIG PINE KEY OR416-953/540R737-1640R787-11130R1174 � ; Description 2364/65DC/AFF OR1195-863/64PR OR1195-2396/98ORD OR1195-865OR1335-558/59 rr x „, OR1833-1231 OR2117-1464 OR2477-1491/92C/T OR2523-327/28 OR2531-729 OR2679- 1141/42 OR2880-964/65 '� LL (I`do[, I`do[Lo Ih, a,?d on ducurrI'nI',) z Neighborhood 559 Property Class VACANT RES(0000) Subdivision HOLLERICHSUBD ���.�'"" i i,rslM"GI°i ��i +ii R�� �u,di uu q lu Sec/Twp/Rng 24/66/29 �I1�( u� Ali Iq f'U� co Affordable No !ipij co Housing W i Owner S11.[:RPArrti0A1. PO Box 460 South Range M149963 a� Valuation a 2018 2017 2016 2015 + Market Improvement Value $0 $0 $0 $0 + Market Misc Value $21,080 $21,206 $18,448 $17,364 f0 + Market Land Value $65,205 $48,195 $48,452 $48,452 = Just Market Value $86,285 $69,401 $66,900 $65,816 a = Total Assessed Value $86,285 $69,401 $66,900 $65,816 2 - School Exempt Value $0 $0 $0 $0 = School Taxable Value $86,285 $69,401 $66,900 $65,816 Land 0 Land Use Number of Units Unit Type Frontage Depth RESIDENTIAL CANAL UNPERMITTED(01CM) 5,400.00 Square Foot 60 90 Yard Items Description Year Built Roll Year Quantity Units Grade CL CONCRETE DOCK 1981 1982 1 240 SF 3 CONC DAVITS 1997 1998 1 1 UT 1 CH LINK FENCE 1979 1980 1 7505E 1 �g SEAWALL 1981 1982 1 159SF 4 SEAWALL 1981 1982 1 7SF 4 a. CONC PATIO 1997 1998 1 2605E 3 CONC PATIO 1997 2016 1 240 SF 3 Sales Sale Date Sale Price Instrument I nstrument Number Deed Book Deed Page Sale Qualification Vacant or Improved 11/13/2017 $100 Warranty Deed 2144825 2880 964 11-Unqualified Improved 4/9/2014 $395,000 Warranty Deed 2679 1141 05-Qualified Vacant 8/4/2011 $100 Warranty Deed 2531 729 11-Unqualified Vacant 6/10/2011 $276,500 Warranty Deed 2523 327 05-Qualified Vacant 7/30/2010 $100 Certificate of Title 2477 1491 12-Unqualified Vacant 5/20/2005 $1 Warranty Deed 2117 1464 M-Unqualified Vacant 11/10/2002 $1 Quit Claim Deed 1833 1231 M-Unqualified Improved 12/1/1994 $1 Warranty Deed 1335 0558 M-Unqualified Improved 5/1/1979 $15,000 Conversion Code 787 1113 Q-Qualified Vacant Packet Pg. 3036 https:Hgpublic.schneidercorp.com/Application.aspx?AppID=605&LayerfD=9946&PageTy... 5/15/2019 gPublic.net-Monroe County, FL Page 2 of 2 O.15.b Permits Number 0 Date Issued 0 Date Completed 0 Amount 0 Permit Type 0 Notes 0 82-9268 3/1/1982 4/1/1982 $2,700 Residential SEAWALL&SLAB View Tax Info V1F.0...I.s1r......2C::6.k]lr..l...s1.......G Photos CL ILL �l Map CO CO �� ®7 e 3�;,ev� gyp,wW7 0 All, Z % f CO �r Ojol0 wr�l /l/// 0 No data available for the following modules:Buildings,Commercial Buildings,Mobile Home Buildings,Exemptions,Sketches(click to enlarge). 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