Item P15 P.15
t, 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
August 21, 2019
Agenda Item Number: P.15
Agenda Item Summary #5912
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 Block
24, Lot 15, Eden Pines Colony Third Addition (PB 5-59) with parcel number 00271630-000000 and
a purchase price of$18,900 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 6,000 square foot lot on Pandorea Lane on the bay side of Big
Pine Key near mile marker 30. The property is designated Tier 2 — Transition and Sprawl Area and
is zoned Improved Subdivision. The property is a mowed lot developed with a storage shed.
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 owners have 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 $18,900, 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 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.
CONTRACT/AGREEMENT CHANGES:
N/A
Packet Pg. 1972
P.15
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
HogganContract
HogganMCPAData
FINANCIAL IMPACT:
Effective Date: August 21, 2019
Expiration Date: None
Total Dollar Value of Contract: $18,900.00 plus estimated closing costs of$1,250.00
Total Cost to County: $20,150.00
Current Year Portion: $20,150.00
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: $18,900.00 plus closing costs estimated to be approximately $1,250.00
None
08/21/19 NEW COST CENTER ADDED $20,150.00
REVIEWED BY:
Charles Pattison Completed 08/05/2019 1:45 PM
Bob Shillinger Completed 08/05/2019 2:42 PM
Budget and Finance Completed 08/05/2019 3:33 PM
Maria Slavik Completed 08/06/2019 9:13 AM
Kathy Peters Completed 08/06/2019 9:52 AM
Board of County Commissioners Pending 08/21/2019 9:00 AM
Packet Pg. 1973
AGREEMENT FOR THE PURCHASE OF LESS THAN FEE INTEREST |NLANDS
THIS AGREEMENT is made and entered into this day 0f . 2019, by
and between
Nate A. Hoggan and Lynda HogQan
(hereinafter "S8||e[(S)'), for thoDlae|vea' their heirs, executors, 3dDliDiSt[@tO[S. SUCC8SsO[S and �z
assigns, and K4ONF<OE COUNTY, FLORIDA (hereinafter "COUNTY"). mu
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VV|TNESSETH:
1� The SeU8[(S) represent they are the owners of the following p@rC8| (hereinafter "Primary Panoe|^) �-
theneuDto b8|ODgiDg. OVVOgd by thg[D. situate and lying in the County of K4OOnO8, State Of Florida,
that is currently developed with 8 [eSideDb8| dwelling unit and is more particularly described as
foUOVVS; to-wit:
Block 24' Lot 1G. Eden Pines Colony Third Addition /PB 5-59\ 0
RE #O027164O-0UOOO8
The 88Ue[(a) represent they are also the OVvDeCa of the following p@[cg| (hereinafter "Secondary
P3rCe|") thereun[o belonging, owned by thenl. situate and lying in the County Of MOD[Ve, State Of
Florida, that borders the Primary P3nC8| and is oU[[enUy not developed with a residential dVVe||iOQ
unit or any other habitable space and is more particularly described as follows; to-wit:
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Block 24, Lot 15, Eden Pines Colony Third Addition (PB5'59)
RE #O0271830-0O000O o
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2. In consideration of Ten [}oUana ($10.00) in hand, paid by the C()UNTY, the receipt of which is �
hereby 8ChDovV|edged. the Seller(s) agree to sell to the COUNTY certain property rights
@8SOCi8tVd with the Secondary Parcel owned by Seller, upon the terms and mzOdii|DnS hereinafter
set forth, and for the price of $18,900.00. The 5DUe[/G\ covenant to SUr[eOde[, release, relinquish W
and transfer any and all of the Se||er/s\'s property rights to develop: L6
8\ residential dwelling units; and -�
b) accessory structures providing detached habitable space ~�
(hereinafter collectively "Less Than Fee Interest") on the Secondary Po[oei
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3. The S8Ue[(S) agree that they have full right, power and authority to CODvey, and that they will
convey to the COUNTY the Lane Than Fee Interest and will siDlU|t@DeOuu|y unify t|Uo of the
uerViePt estate of the Secondary Parcel with the Primary Parcel, subject to the following conditions
and obligations:
The COUNTY. at the COUNTY'S eXpeOS8' Sh@U have 8 title report commissioned to allow the
COUNTY or its agent to examine all record detail of the ownership and encumbrances ({) & E) -�
affecting title 1othe 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
SUrVHyO[ If the survey Or O & E report diSC|OS8 8DCrO8ChDleDtS OD the Secondary P8[Ce| Or the
existence of improvements located thereon, o[ any other restrictions, contract covenants, |ieDS'
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transfers of development rights, or applicable governmental regulations, deemed not acceptable to
the COUNTY, the same shall constitute a title defect.
Packet Pg. 1974
The COUNTY shall have sixty /60> days from the effective date of this Agreement iDwhich to
examine the O & E of Seller's title. If title is found defective, as determined in the SOh) discretion
of COUNTY, the COUNTY ah8U. Vi8liD this specified time pghOd. DOUfv Seller(s) in writing
specifying defeCt/s\. U the defect(s) render title UDaCCeDi8b|8 to the COUNTY' the Seller(s) will
have one hundred twenty (12O) days from receipt of notice within which to remove the defeCt/G\
The Seller(s) will use diligent effort to Q][[SCt defect(s) in title within the time provided th8[HfO[e,
including the bringing Of necessary suits, failing which the COUNTY shall have the option of either
accepting the title aSit then iaor rescinding the Agreement herein.
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4, The S8U8[(S) further agree not to do, o[ suffer others tO do, any act by which the value or property u_
rights 8eaOCioi8d with the L8aS Than Fee Interest may be diminished or encumbered while this
Agneen08O| is pending. In the event any such dirniDUtiOD' eDcUUlbn8noe or other in0pGi[OlHnt
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occurs, the COUNTY may, VVi1hOUt liability, refuse to accept conveyance of said Less Than Fee
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5. The SeUer(s) further agree that during the period covered by this instrument officers and
accredited 8gGDt6 of the COUNTY shall have at all reasonable times the unrestricted right and
privilege to enter upon the Secondary Parcel for GU proper and lawful purposes, including �
eX8[ningdOD Of the Secondary Parcel and the [eSOUrcBS Upon it. Nothing herein shall be
CODSkU8d to constitute an @CCept@DD8 Of any existing or future code or building ViO|@U0D on the
Primary P8nze| or the Secondary Parcel. This provision shall survive closing. The Se||8r/e\
hereby VV8|Ve their rights to any and all dainna against the COUNTY or the State of Florida �
associated with, or arising from ownership of. the Secondary P8[oe| and this waiver shall survive
closing.
6. The Seller(s) will execute and deliver upon demand of the proper officials and agents of the
COUNTY the hoUOVViOg d0cWn0eDt8 conveying to the COUNTY all of Seller's Less Than Fee o
Interest iOG manner satisfactory kz the legal counsel Of the CC}UNTY� -
a\ Covenant of Unity of Title and Restrictions on Future Development and/or Conveyances
(hereinafter"Covenant nf Unity of Title dOcU0eOt'')
b\ Joinder of Mortgagee (if applicable) W
C) Joinder Vf Non-Mortgagee Encumbrance Holder (if applicable) L6
d) Grantor's Affidavit ofNo Encumbrance (if neither borC above applies) ~�
e) Affidavit of Trustee (if land owned byaTrust) -J
M Application to Monroe County Property Appraiser to Consolidate Real Estate Parcels 4
7. In consideration whereof the COUNTY agrees that it will purchase all of said Less Than Fee
�
|nt8r8Si at the price of $18'900.00. 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 Leos Than Fee Interest to be
sUngnd8Fgd to and VgSt8d in the COUNTY. it will cause to be paid to the Se||ar/s\ the purchase
price, |8SS any costs of closing payable by Seller, as set forth below.
The COUNTY GhGU pay the following mxpeOGHa associated with the conveyance of the Less Than
Fee Interest: recording fees for the documents listed in Section 0, settlement fees, {} & E reportZ:
fees, title examination fees, and the Buyer's 8ttorDey'Sfees. The Sa||8r/S\ shall pay the real estate
oonnrnisoioOG. if any are due, Full transfer, surrender and poeaaoni0n of the Uevo|OpDlen\ rights
described above shall pass to the COUNTY as of the date peynl8Dt is made to the Seller(s)
subject
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8. U shall be the obligation of the Seller(s) to pay any assessments outstanding as Uono due to the
County atthe date the Less Than Fee Interest vests of record in the COUNTY.
B, 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)
@L the following address:
1573PgnMmrea Lane
Big Pine Koy, FL 33043
and shall he effective upon date of e[nai|iUg or Ol8i|iDg and shall be binding upon all of the
8e||er(G) without sending 3 separate notice to each, except as such obligation may b8affected by mu
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the provisions of Section O herein. u-
1O. The effective date of this Ao[e�OleDt Sh8|| b� that date when the |�s1 nD* of G�U�[(a\ and the z�
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COUNTY has signed this Agreement.
11. If the 58Uer(S) vViShgS to proceed with this t[8Os8Cti0O. the S8||g[(S) have Und| July 27. 2019 to
sign and return this Ao[8mDl8D1 to the COUNTY. This AongnnMHOi may be executed in
counterparts. Notwithstanding any p[OViSiOD Of this Agreement to the COni[a[y, the obligation of
closing Of this baDsaCbDD is contingent upon approval by the K4oD[Oe County Board of County 0
Commissioners, failing which the COUNTY and the Seller(s) shall ra|aoSe one another of all Z:
further obligations under this Agreement.
IN WITNESS WHEREOF, the Se||8[(o) have hereunto signed their D8[nSa and affixed their respective �
seals On the day first 8bOV8 written and therefore the Se||e[(S) for and in consideration Of the Ten
Dollars (�1O�OD\ here|naboVe ockDOVV|�dge �a received, h@V� and do hereby grant UDtO the COUNTY
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or its authorized repreeentabve, or any other office or agent of the COUNTY eUihO[iZed to purchase
said Less Than Fee Interest in land, the O[ti0D and right to enter into this AoreeOl8DL for Purchase
within DiD8iy (90) days from the execution thereof by the Se||o[(a), and to purchase the Less Than o
Fee Interest as herein provided, providing said Purchase is duly approved by the Monroe County -
Board Of County Commissioners. �
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Seller/ Nate A. HQggaO
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5|gO@iU[e ' ' \m-\ Uole Phone Number Email *ou/esu - -�
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Seller/ Lynda Hoggnn
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`§1Ob�iUne ~ /� � Date / Phone Number EmailAddreSS /
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Buyer/ COUNTY: MDNF<0E C0UNTY, FLORIDA
KEV|N K1ADOK, CPA, Clerk Z:
By:
Deputy Clerk Sylvia J. K4U[phy. Mayor <
(Seal)
Date:
gPublic.net-Monroe County, FL Page 1 of 2
P.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
LL
Parcel I 00271630-000000
Account# 1343323
Property I 1343323
Millage Group 100H
Location VACANT LAN PANDOREA In,BIG PINE KEY
Address
C�
Legal BK24 LT 15 EDEN PINES COLONY 3RDADD BIG PINE KEY P135-590R487-4200R883-789D/C .� �
Description OR907-1224OR907-1202D/C OR883-79OD/C OR977-1864 OR1285-1296/97Q/C OR1892- ,'..:'...i...
1981/82 OR1964-2228/29
(I`duC, I`4,r[Lu Ih, a,?d on ?gal dOLUMI nI',)
Neighborhood 635
Property Class VACANT RES(0000)
Subdivision EDEN PINES COLONY 3RDADD )
Sec/Twp/Rng 15/66/29
Affordable No
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Housing
d i WV7a'( v3m�aaJ.a�sreaat
Owner
I...I(J(;(',AN NA r P A I...I(J(-;(',AN LYNI::A
1573 Pandorea In 1573 Pandorea In
Big Pine Key FL 33043 Big Pine Key FL 33043
Valuation
2018 2017 2016 2015
+ Market Improvement Value $0 $0 $0 $0 0
+ Market Misc Value $0 $0 $0 $0 U)
+ Market Land Value $18,900 $18,900 $21,000 $21,000 G)
= Just Market Value $18,900 $18,900 $21,000 $21,000
= Total Assessed Value $18,900 $18,900 $19,965 $18,150
- School Exempt Value $0 $0 $0 $0
= School Taxable Value $18,900 $18,900 $21,000 $21,000
Land
Land Use Number of Units Unit Type Frontage Depth
RESIDENTIAL CANAL UNPERMITTED(01CM) 6,000.00 Square Foot 60 100
Cd
Sales 19
Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacant or Improved 0
0
12/19/2003 $10,000 Warranty Deed 1964 2228 C-Unqualified Vacant
5/26/2003 $20,000 Warranty Deed 1892 1981 Q-Qualified Vacant
11/1/1993 $11,000 Quit Claim Deed 1285 1296 1-Unqualified Vacant
3/1/1984 $14,000 Warranty Deed 907 1224 Q-Qualified Vacant
2/1/1971 $1,900 Conversion Code 487 420 Q-Qualified Vacant
View Tax Info
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