Item P13 P.13
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.13
Agenda Item Summary #6015
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
27, Hollerich Subdivision (PB 4-156) with parcel number 00285320-000000 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 pea rock lot with landscaping and 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 $65,205. Since there is no separate market land value listed for
Lot 27 on the Monroe County Property Appraiser's website, the purchase price is based on the
$65,205 market land value for 2018 listed for a comparable lot in the same subdivision (Lot 28).
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.13
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STAFF RECOMMENDATION: Approval
DOCUMENTATION:
STAMPED EXECUTED ThorneContract 9 4 19
ThorneMCPAData
ThorneMCPADataComp
FINANCIAL IMPACT:
Effective Date: September 18, 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
09/18/19 NEW COST CENTER ADDED $66,455.00
REVIEWED BY:
Charles Pattison Completed 08/29/2019 2:44 PM
Paunece Scull Completed 08/29/2019 2:53 PM
Budget and Finance Completed 09/03/2019 12:15 PM
Maria Slavik Completed 09/03/2019 1:12 PM
Kathy Peters Completed 09/03/2019 1:29 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 _16(!!' day of 2019, by
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and between
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David Earl Thorne and DVIna Rae Thome 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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WITNESSETH: 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, to of Florida, 0
that is currently developed with a residential dwelling unit and is more particularly described as
follows; to-wit: C�
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Lot 26, Hollerich Subdivision (PB 4-156) .T
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RE#00285320-000000
"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 .2
Florida, that borders the Primary Parcel and is currently not developed with a residential dwelling
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unit or any other habitable space and is more particularly described as follows;to-wit:
Lot 27, Hollerich Subdivision (PS 4456) C14
RE,#00285320-000000 0
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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 T
set forth, and for the price of $65,205.00. The Seller(s)covenant to surrender, release, relinquish
and transfer any and all of the Seller(s)'s property tights to develop:
a) residential dwelling units; and
b) accessory structures providing detached habitable space
(hereinafter collectively""Less"Than Fee Interest")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 unity title of the 0
servilent estate of the Secondary Parcel with the Primary Parcel, subject to the following conditions
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and obligations: W
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The COUNTY, at the COUNTY'S expense, shall have a title report commissioned to allow the U
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COUNTY or its agent toe xamine all record detail of the ownership and encumbrances (0 & E) X
affecting title to the Secondary Parcel. The COUNTY may, at its option during the time permitted W
for examination of title, have the Secondary Parcel surveyed and certified by a registered Florida W
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 (n
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 is to
examine the 0 & E of Selisestitle. 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
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specifying defect(a). 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 defects).
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The Seller(s)will use diligent effort to correct delect(s) in title within the time provided therefore, W
including the bringing of necessary suits,failing which the COUNTY shall have the option of either U_
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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 (n
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rights associated with the Less Than Fee Interest may be diminished or encumbered while this W
Agreement is pending. In the event any such diminution, encumbrance or other impairment
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occurs, the COUNTY may, without liability, refuse to accept conveyance of said Less Than Fee
Interest. 0
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 .2
privilege to enter upon the Secondary Parcel for all proper and lawful purposes, including .T
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examination of the Secondary Parcel and the resources on it Nothing herein shall be
construed to constitute an acceptance of any existing or future code or building violation on the
Primary Parcel or the Secondary Parcel. This provision shall survive dosing. The Seller(s)
hereby waive their rights to any and all claims against the COUNTY or the to of Florida
associated with, or arising from ownership of, the Secondary Parcel and this walver shall survive
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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 0
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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
(hereinafter"Covenant of Unity of Title document") T
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)
a) 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 ill purchase all of said Less Than Fee
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
surrendered to and vested in the COUNTY, ft will use to be paid tote Seller(s) the purchase
price, less any costs of closing payable by Seller,as set forth below. W
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The COUNTY shall pay the following expenses associated with the conveyance of the Less Than U
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Fee Interest: recording fees for the documents listed in Section 6, settlement fees, 0 & E report X
fees,title examination fees, and the Buyer's attorney's fees. The Seller(s)shall pay the real estate W
commissions, if any are due. Full transfer, surrender and possession of the development rights W
described above shall pass to the COUNTY as of the to payment is made to the Seller(s) IL
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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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:
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31033 Hibiscus Drive a.
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Big Pine Key, FIL 33043 W
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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. (n
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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 23, 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 .2
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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.
IN WITNESS WHEREOF, the Sellers) have hereunto signed their names and affixed their respective .2
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 0
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 0
Fee Interest as herein provided, providing said Purchase is duly approved by the Monroe County
Board of County Commissioners.
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fna i5iie Phone Number Email Address
Seller/D'vina Rae Theme
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4Dt e4L Phone Number Email Address
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Buyer/COUNTY: MONROE COUNTY, FLORIDA
KEVIN MADOK, CPA, Clerk W
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By:, IL
Deputy Clerk Sylvia J. Murphy, Mayor
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Date:
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WI�ROE COUNTY ATTORNEY-S OFF= 0
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PAUNECE SCULL
ASSISTANT 0 ST
DATE: MPPMEEE25E
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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 I 00285320-000000
Account# 1357278
Property I 1357278
Millage Group 100H
Location 31033 HIBISCUS Dr,BIG PINE KEY
Address
Legal HOLLERICH SUB P134-156 BIG PINE KEY LOTS 26&27 OR457-652 OR555-496 OR728-114Q/C
Description OR765-806 OR769-825 OR1050-2045(VE)OR1651-129(1MH)RE 28533 COMBINED PER LL
OWNERS REQ6-11-011MH OR1750-233/35QC/MR(1MH)OR1754-1764/65M/R(1MH)
(I`do[, I`do[Lo Ih, a,?d on dOLUMI nI',)
Neighborhood 559
Property Class SINGLE FAMILY RESID(0100)
Subdivision HOLLERICH SUBD
Sec/Twp/Rng 24/66/29 (�
Affordable No '-
Housing
Owner
THORNE DAVID EARL THORNE DVINA RAE
31033 Hibiscus Dr 31033 Hibiscus Dr
Big Pine Key FL 33043 Big Pine Key FL 33043
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Valuation
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2018 2017 2016 2015
+ Market Improvement Value $64,054 $84,995 $81,766 $77,496
+ Market Misc Value $6,300 $6,300 $5,202 $4,444 f�
+ Market Land Value $261,441 $170,559 $171,007 $173,857
= Just Market Value $331,795 $261,854 $257,975 $255,797
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= Total Assessed Value $150,835 $160,575 $157,273 $156,180
- School Exempt Value ($25,000) ($25,000) ($25,000) ($25,000) 0
= School Taxable Value $125,835 $135,575 $132,273 $131,180
Land
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Land Use Number of Units Unit Type Frontage Depth
RESIDENTIAL CANAL(010C) 5,400.00 Square Foot 60 90
RESIDENTIAL CANAL UNPERMITTED(01CM) 5,400.00 Square Foot 0 0
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Buildings
Building ID 15298 Exterior Walls WD FRAME (�
Style 2STORY ON GRADE Year Built 1973
Building Type S.F.R.-R1/R1 EffectiveYearBuilt 1998
Gross Sq Ft 1524 Foundation CONCRETE SLAB
Finished Sq Ft 1020 Roof Type GABLE/HIP
Stories 2Floor Roof Coverage ASPHALTSHINGL
Condition AVERAGE Flooring Type SFT/HDWD
Perimeter 116 Heating Type NONEwith O%NONE ..
Functional Ohs 15 Bedrooms 2
Economic Ohs 0 Full Bathrooms 1 4)
Depreciation% 28 Half Bathrooms 0
Interior Walls DRYWALL Grade 450
Number of Fire PI 0
Code Description Sketch Area Fin ishedArea Perimeter
FLA FLOOR LIV AREA 1,020 1,020 172
ODU OP PR UNFIN UL 84 0 37
PTO PATIO 84 0 38
SPF SC PRCH FIN LL 336 0 75
TOTAL 1,524 1,020 322
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Yard Items
Description Year Built Roll Year Quantity Units Grade
WALLAIRCOND 1995 1996 1 1UT 2
CONCRETE DOCK 1975 1976 1 200SF 3
CONC PATIO 1975 1976 1 450SF 2
UTILITYBLDG 1975 1976 1 80SF 1
UTILITYBLDG 1975 1976 1 80SF 2
Sales
Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacantor Improved
8/23/2000 $165,000 Warranty Deed 1651 129 M-Unqualified Improved
7/1/1978 $40,000 Conversion Code 769 825 Q-Qualified Improved
View Tax Info
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Sketches(click to enlarge) IL
PTO Yr=1 M
(84) IJ Yrt-fl33 0
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FLA Yr=1 8
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FLA Yr=1978 f!)
(816)
SPF Yrc=119
34 (336) o
24 N
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Photos
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P.13.c
„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 00285340-000000
Account# 1357294
Property ID 1357294
Millage Group 100H �'% .." W
Location VACANT LAN HIBISCUS Dr,BIG PINE KEY W
Address �. ! ILL.
Legal LT 28 HOLLERICH SUB PB4-156 BIG PINE KEY LOT 28 OR309-26-27 OR713-670 OR804-103 j� �,d ��.
Description OR811-145 OR936-190 OR938-761 OR1049-655 OR1179-1325 OR2862-1121/22ORD OR2885
415D/C OR2885417/18
(I`du k I`do[Lu h, a:¢d on dal docrua.7I nC�)
Neighborhood 559
Property Class VACANT RES(0000) E
Subdivision HOLLERICH SUBD
Sec/Twp/Rng 24/66/29
Affordable No
Housing
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Owner
PALERMO ADAM
7049 124th Ter gay
Largo FL 33773
Valuation
2018 2017 2016 2015
+ Market Improvement Value $0 $0 $0 $0
+ Market Misc Value $0 $0 $0 $0 f�
+ Market Land Value $65,205 $48,195 $48,452 $74,103 �
= Just Market Value $65,205 $48,195 $48,452 $74,103
= Total Assessed Value $65,205 $48,195 $32,413 $29,467
- School Exempt Value $0 $0 $0 $0
= School Taxable Value $65,205 $48,195 $48,452 $74,103
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Land
Land Use Number of Units Unit Type Frontage Depth CL
RESIDENTIAL CANAL UNPERMITTED(01CM) 5,400.00 Square Foot 60 90
0
Sales
Sale Date Sale Price Instrument I nstrument Number Deed Book Deed Page Sale Qualification Vacant or Improved
12/21/2017 $78,800 Warranty Deed 2149136 2885 417 01-Qualified Vacant
5/27/2016 $0 Order(to be used for Order Det.Heirs,Probate in 2129607 2862 1121 11-Unqualified Improved IL
7/1/1991 $20,000 Warranty Deed 1179 1325 U-Unqualified Vacant
4/1/1988 $27,500 Warranty Deed 1049 655 Q-Qualified Vacant
4/1/1985 $12,000 Warranty Deed 938 761 U-Unqualified Vacant
3/1/1980 $100 Warranty Deed 811 145 U-Unqualified Vacant
1/1/1980 $16,900 Conversion Code 804 103 Q-Qualified Vacant
Permits
Number 0 Date Issued 0 Date Completed 0 Amount 0 Permit Type 0 Notes 0
08103277 6/22/2009 $225,000 Residential SFR
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View Tax Info
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