Item P10 P.10
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
September 18, 2019
Agenda Item Number: P.10
Agenda Item Summary #6012
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
1, Lot 37, Doctors Arm (PB 3-141) with parcel number 00310380-000000 and a purchase price of
$43,775 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 5,000 square foot canal lot on Witters Lane on the bay side of Big
Pine Key near mile marker 31. The property is designated Tier 2 — Transition and Sprawl Area and
is zoned Improved Subdivision. The property is a mowed lot developed with 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 $43,775, which is the 2018 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:
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P.10
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
STAMPED EXECUTED StoneContract 9 3 19
StoneMCPAData
FINANCIAL IMPACT:
Effective Date: September 18, 2019
Expiration Date: None
Total Dollar Value of Contract: $43,775.00 plus estimated closing costs of$1,250.00
Total Cost to County: $45,025.00
Current Year Portion: $45,025.00
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: $43,775.00 plus closing costs estimated to be approximately $1,250.00
None
09/18/19 NEW COST CENTER ADDED $45,025.00
REVIEWED BY:
Charles Pattison Completed 08/29/2019 2:32 PM
Paunece Scull Completed 08/29/2019 2:56 PM
Budget and Finance Completed 09/03/2019 12:13 PM
Maria Slavik Completed 09/03/2019 12:57 PM
Kathy Peters Completed 09/03/2019 1:12 PM
Board of County Commissioners Pending 09/18/2019 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
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James R. Stone and DAnn R. Stone,Trustees under the Stone Living Trust IL
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dated January 7, 1997 W
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(hereinafter "Seller(s)"), for themselves, their heirs, executors, administrators, successors and
assigns, and MONROE COUNTY, FLORIDA (hereinafter"COUNTY").
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ITNESSETH: W
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, (n
that is currently developed with a residential dwelling unit and is more particularly described as E
follows; to-wit:
Block 1, Lot 36, Doctor's Arm (PB 3-141) 0
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RE#00310370-000000 0
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 0
Florida, that borders the Primary Parcel and is currently not developed with a residential dwelling
unit or any of habitable space and is more particularly described as follows; to-wit:
Block 1, Lot 37, Doctoes Arm (PB 3-141)
RE#00310380-000000
2. In consideration of Ten Dollars ($10.00) in hand, paid by the COUNTY, the receipt of which is
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hereby acknowledged, the Seller(s) agree to sell to the COUNTY certain property rights >
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associated with the Secondary Parcel owned by Seller, upon the terms and conditions hereinafter
set forth, and for the price of $43,775.00. The Seller(s) covenant to surrender, release, relinquish
and transfer any and all oft Seller(s)'s property rights to develop: T-
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a) residential dwelling units; and
b) accessory structures providing detached habitable space
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(hereinafter collectively"Less Than Fee InteresV) on the Secondary Parcel.
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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 W
servient estate of the Secondary Parcel with the Primary Parcel, subject to the following conditions M
and obligations, W
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The COUNTY, at the COUNTY'S expense, shall have a title report commissioned to allow the a
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COUNTY or its agent to examine all record detail oft ownership and encumbrances (0 & E)
affecting title tot 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
existence of improvements located thereon, or any other restrictions, contract covenants, liens,
transfers of development rights, or applicable governmental regulations, deemed not acceptable to E
the COUNTY, the same shall constitute a title defect.
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The COUNTY shall have sixty ( ) days from the effectiveis Agreement in whicho
examine the 0 & E of Sellers title. If title is found defective, as determined in the sole i cr ti n
COUNTY,of the COUNTY shall, within this c` time period, notify II r(s) in writing
specifying def ( ). If the defect(s) render title unacceptable to the COUNTY, the Seller(s) will
have one hundred ( ) days from receipt f notice withinis remove the defect(s).
The Seller ill use diligentto corn (s) in title within the timeprovided r for , a.
including rin in f necessary suits, failing is the COUNTY shall have the option of either
accepting the title it then is or rescinding the Agreementherein.
4. The Seller(s)further agree not to do, or suffer others to do, any act by whichthe value or property
rights ss ci t it Less Than Fee Interest may be diminishedr encumbered whileis
Agreement is pending. In the eventany such diminution, encumbrance r other impairment W
occurs, the COUNTY may, without liability, refuse to acceptconveyance of said Less Than Fee
Interest.
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5. The Seller(s) further agree that during the periodcovered this instrument officers and
accredited nt f the COUNTY shall have at all reasonable ti unrestricted right n
privilege to enter upon the SecondaryParcel for all proper and lawful purposes, including
examination of the SecondaryParcel and the resources i . Nothing herein shall be 0
construed to constitute ceptance of any existingor future code or building violation on the 0
Primary Parcel or the SecondaryParcel. This provision shall survive closing. The Seller(s)
hereby waive their rights to anyn ll claims in t the COUNTY or the Stateof Florida
associated it r arising from ownership of, the SecondaryParcel and thiswaiver shall survive
closing.
6. The Seller(s) will execute anddeliver upon demand of the proper officials andis of the
COUNTY the following doc ns conveying the COUNTY all of Seller's Less Than Fee
Interest in a manner satisfactory to the legal counsel of the COUNTY:
Covenant f Unity of Title n stri ins on Future Developmentand/or Conveyances
(hereinafter"Covenant of Unity of Title document")
} Joinder of Mortgagee(if applicable)
c) Joinder of Non-Mortgagee ncu r n Holder(if applicable)
} Grantor's i vit of No Encumbranceneither b or c above applies)
Affidavit r (if land n Trust)
Application to Monroe County Propertyr is r to Consolidate Real Estate Parcels
7. In consideration whereof the COUNTY agrees that it will purchase all ofsi Less Than Fee
Interest t the price . The COUNTY further agrees that after the preparation,
execution, and deliveryof the documents enumerated above, and after the legal counsel f the
COUNTYshall have approvedthe documentationreleasing the Less Than Fee Interest t (n
surrendered to andvested in the COUNTY, it will cause to be paidto the Seller(s) the purchase
price, less any costs of closing payable II r, as set forth below.
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COUNTYThe
shall pay the following expens s ciated with the conveyance of the Less Than X
Fee Interest: recording fees for the documents listed in Section 6, settlement fees, 0 & E report
fees, title x i tion fees, and the Buyer's orn 's fees. The Seller(s) shall pay the real estate
commissions, if any areu ull transfer, surrender and possessionof the development rights
described v li pass to the COUNTY as of the datepayment 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 anyassessments t t i liens to the E
County t the datethe Less Than Fee Interest vests f 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 it to the address provided by the Seller(s) or by it addressed to the Seller(s)
at the following address:
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7273 Danbury Way
Clearwater, FL 33764
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and shall be effective upon date of emailing or mailing and shall be binding upon all of the U-
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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.
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11. If the Seller(s) wishes to proceed with this transaction, the Seller(s) have until August 19, 2019 to (n
sign and return this Agreement to the COUNTY. This Agreement may be executed in E
counterparts. Notwithstanding any provision of this Agreement to the contrary, the obligation of
closing of this transaction is contingent on approval by the Monroe County Board of County
Commissioners, failing is the COUNTY and the Seller(s) shall release one another of all 0
further obligations under this Agreement. 0
IN WITNESS WHEREOF, the Seller(s) have hereunto signed their names and affixed their respective
seaIs on the day first above written and therefore the Seller(s) for and in consideration of the Ten 0
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 0
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.
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Seller/James R. Stone,Trustee under the Stone Living Trust dated January 7, 1997 >
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4S' nature Datb Phone Number Email Add4g's
Seller/ D'Ann R. Stone,Trustee under the Stone Living Trust dated January 7, 1997
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'--�ign�atureDale' Phone Number Email Addr s
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Buyer/COUNTY: MONROE COUNTY, FLORIDA
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KEVIN MADOK, CPA, Clerk W
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By:
Deputy Clerk Sylvia J. Murphy, Mayor
(Seal)
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Date:
MONROE COUNTY ATTORNEY'S OFFICE
3 APPRO AS ORM
PAUNECI SCULL
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DATE: Packet Pg. 2536
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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.
Summary
Parcel ID 00310380-000000
f7Account# 1382493
Property ID 1382493
Millage Group 100H 1)��i 0
Location Address VACANT LAN WITTERS In,BIG PINE KEY W
Legal Description BK 1 LT 37 DOCTORS ARM SUB P133-141 BIG PINE KEY OR810-1104OR816-280OR937-661
OR937-662 OR937-672AFF OR1439-2015/16 ° �%� W
(I`duL,:I`4,r[Lu Ih, a,?d on dorl d0LUf 1 nCs,) W
Neighborhood 597 LL
Property Class VACANT RES(0000)
Subdivision DOCTORSARM n,7i f
Sec/Twp/Rng 14/66/29 t
Affordable No
Housing
Owner
Sr(NP LIVING,rRUS'r 1/a/19W f!)
C/O STONE JAMES R AND DANN R CO-TRUSTEE
7273 Danbury Way E
Clearwater FL 33764
Valuation
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2018 2017 2016 2015
+ Market Improvement Value $0 $0 $0 $0
+ Market Misc Value $9,589 $21,665 $9,815 $9,645
+ Market Land Value $43,775 $32,188 $18,025 $16,738
= Just Market Value $53,364 $53,853 $27,840 $26,383
= Total Assessed Value $33,686 $30,624 $27,840 $26,383
- School Exempt Value $0 $0 $0 $0
= School Taxable Value $53,364 $53,853 $27,840 $26,383
Land
Land Use Number of Units Unit Type Frontage Depth
RESIDENTIAL CANAL UNPERMITTED(01CM) 5,000.00 Square Foot 50 100
4�
Yard Items
Description Year Built Roll Year Quantity Units Grade
UTILITYBLDG 1989 1990 1 100 SF 2
BOATLIFT 1989 1990 1 1UT 5
CONC PATIO 1989 1990 1 180 SF 2
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Sales
Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacant or Improved 4)
3/1/1985 $1 Warranty Deed 937 662 M-Unqualified Improved
8/1/1980 $40 Warranty Deed 816 280 U-Unqualified Improved
9/1/1958 $1,200 Warranty Deed 810 1104 Q-Qualified Improved
View Tax Info
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Photos
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